12-05-1991
ACTION AGENDA - CITY COMMISSION MEETING - December 5, 1991 (6:00 P.M.)
~elcome. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your ~ and address. 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.
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(3)
(4)
1.
2.
3.
4.
5.
6.
7.
Pledge of Allegiance
Invocation
Service Pin Awards
Introductions and Awards
Presentations: Volunteer Awards
Minutes of Regular Meeting November
21, 1991
Citizens to be heard re items not on
the Agenda.
1.
2.
3.
4.
5.
Mayor.
None.
None.
None.
William Donovan presented with Mayor.s
Award for Outstanding Volunteer of the
Year.
Milt Cason presented City Commission
Award for committment to the community
by a city employee.
Continued to 12/19/91.
Clinton Sly, representing Pierce 100
Board of Directors, announced plans
for complete renovation of the
exterior of Pierce 100. He stated
this is a $3.2 million committment by
the residents to Downtown Clearwater.
6.
7.
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.
(5)
Comments in support and in
opposition: (a) individual (3
minutes); (b) spokesperson for groups
(10 minutes).
Commission questions.
Rebuttal by opposition (5 minutes).
Final rebuttal by applicant or
representative (5 minutes).
l~l
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord.
15156-91 - Vacating the northerly 21
of the westerly 25' of utility
easement occupying the southerly 41
of Lot 8, Blk B, Crest Lake
Sub. (Kevas/McLeay V91~12)(PW)
9. Public Hearing & First Reading Ord.
15155-91 - Vacating the 10. drainage
& utility easement lying along the
south lot line of Lot 28, Sun Tree
Estates less the west 10. (Suban V91-
11)(PW)
~12/5/91
1
8. Approved. Ord. #5156-91 passed 1st
reading.
9. Approved. Ord. 15155-91 passed 1st
reading.
10. (Cont. from 11/21/91) Public Hearing
& First Reading Ord. 15145-91 -
Amendment of Zoning Atlas to CPD and
Review of Master Site Plan/Sub. Plat
for LDehMann's Plaza, Lots 1 & 2, NW
corner of HE Coachman Rd and US19N.
19.89 acres (Principle Mutual Life
Ins., Walmart, Z91-02)(PLD)
11. (Cont. fr~~ 11/21/91) Declare
properties surplus for the purpo~e of
deeding the land and granting
easements to FOOT for the widening of
S.R. 580 (PLD)
10. Approved with conditions (See
Attached). Ord. 15145-91 passed 1st .
reading.
11. Continued to 12/19/91.
Public Hearing - Second Reading Ordinances
12. Ord. 15147-91 - Relating to 12. Ord. 15147-91 adopted.
13. contractors, repealing Ch. 74 Ord.
Ord. 15148-91 - Relating to street 13. 15148-91 adopted.
artists and craftsmen, repealing Ch.
78
14. Ord. 15149-91 - Relating to 14. Ord. 15149-91 adopted.
secondhand goods, repealing Ch. 79
15. Ord. 15150-91 - Relating to auction 15. Ord. 15150-91 adopted.
sales of jewelry, precious stones and
bric-a-brac, repealing Ch. 80
16. Ord. 15151-91 . "Relating to gift 16. Ord. 15151-91 adopted. .
certificates and coupon books,
repealing Ch. 81
17. Ord. 15152-91 - Vacating 27.5' right- 17. Ord. 15152-91 adopted.
of-way lYin, along W side of Lot 6.
Mason Sub. St. John Primitive Church
V91-10)
18. Ord. 15153-91 - Relating to city 18. Continued to 12/19/91.
charter: 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 - To be Cont. to
12/19/91
19. Ord. 15154-91 - Relating to 19. Continued to 12/19/91.
Administration of City. creating Sec.
21.04 regarding departments of City.
repealing Ch. 28 re: same - To be
Cant. to 12/19/91
12/5/91 2 .
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CONSENT AGENDA (Items 120-35)
Agreements
20. Restoration' Agreement wHh FOOT for
Parcel IRA3, Sec. 15070-2525, S.R.580
(Pw)
';3.
.2/5/91
CITY MANAGER REPORTS
Approved as submitted less Item 127.
21.
Bids & Contracts
Extension of contract with Doctors'
Walk-In Clinic for Physical Exams and
other medical servic3s for City
employees for the period 1/1/91-
12/31/92 for an estimated amount of
$72,975 (AS)
Purchase of twenty-one 1992 Ford
Crown Victoria Police Patrol Vehicles
from Carlisle Ford, Inc., St.
Petersburg, Fl, at a total cost of
$275,667; financing to be provided
under City's Master Lease Purchase
Agreement with AT&T Credit Corp. (GS)
Extension of contract for A-6
computer maintenance to Unisys Corp.,
Tampa, FL, for the period 10/1/91-
9/30/92, at an est. amount of $44,040
(PO)
Purchase and installation of
playground equipment for Country
Hollow Park to Miracle Recreation
Equipment Company for $17,835.79 (PR)
Citizens & Staff Requests
Reimbursement to Pinellas County for
construction of sidewalks within the
municipal limits of Clearwater along
lakeview Rd. in an amount not to
exceed $13,300 (PW)
Sale of orange crop located at City's
sludge disposal fanm site to Edwards
Fruit Co., lakeland, FL, for a cash
payment of $10,600 (PW)
Direction regarding proposal to amend
City Sign Regulations to achieve
consistency with the Countywide Sign
~egulations (PLD)
27. Continued to 12/19/91.
22.
24.
25.
26.
27.
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Change Orders }..-
28. C.O.I1/Final to contract for the .
Hartin Luther King Multi-Purpose Roo.
to PAR Builders II, Inc., increasing
the amount by $4,852.95, adjusting
the total to $136,364.95 and transfer
$2,500 of Recreation Facility Impact
fees to this project (PR) .
Plans & Plats
29. Preliminary Subdivision Plat for Park
Place/Storz located between Drew St.,
Gulf-to-Bay, US19 and Hampton Rd.,
M&Bs 21.00 & 24.03, 48.421 acres
m.o.1. (Building Operation Holding
Co. )(PLD)
30. Preliminary Site Plan for Park
Place/Storz located between Drew St.,
Gulf-to-Bay, US19 and Hampton Rd.,
M&Bs 21.00 & 24.03, 48.421 acres
m.o.l. (Building Operation Holding
Co. )(PLD)
Receipt & Referral
31. Receive/Refer first draft of Downtown .
Development Plan prepared by staff
for advertisement for public hearings
(PLD)
32. Receive/Refer Agreement to Annex
(substituting for Petition for
Annexation), Land Use Plan Amendment
to Medium Density Residential and
RM12 Zoning for property located at
205 Elizabeth Ave., M&B 13.18, 0.24
acre m.o.l. (Janey, A91-13, 291-
14 )(PLD)
33. Receive/Refer Amendment adopting the
1991 Standard HOUSing Code and
applying the provisions of Sec. 308
of same to hotels, motels,
dormitories and lodging houses (PLO)
CITY ATTORNEY
Agreements, Deeds & Easements
34. Drainage, utility & sidewalk easement
- S 101 of property located in Sec.
8-29-16 (V. Jack Kennedy) "
12/5/91 4 ...."
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35. Sanitary sewer ease..nt - Hibiscus
. Gardens, elk W, Lot 12 (Florida VOA
Elderly Housing, Inc.)
OTHER ITEMS ON CITY MANAGER REPORT
36. Agreement for Professional Services
with King Engineering Associates,
Inc. to develop and produce the HPDES
permit applications, an element of
the Comprehensive Watershed
Management and Urban Ecosystem
Management Master.Plan for a term of
two years subject thereafter to
renewal by Commission approval in the
amount of $477,654.50 (PH)
37. (Cont. from 11/21/91) Contract to
prepare a Project Development and
Environmental Study (PD&E) for the
widening of Drew Street to Post.
Buckley, Schuh & Jernigan, Inc. for a
not-to-exceed fee of $496,429.89 (PW)
38. First Reading Ord. 15158-91 -
Election Code (CLK)
39. Library Board - 1 appointment (ClK)
40. North Greenwood Design Review
Committee - 3 appointments (CLK)
.1. Clearwater Housing Authority ~ 1
appointment (CLK)
Other Pending Matters - None.
36. Approved.
37. Approved.
38. Approved. Ord. #5158-91 passed 1st
reading.
39. Reappointed David Berry.
40. Reappointed Muhammad Abdur~Rah;m,
Talmadge Rutledge & Michael Klapka.
41. Appointed Robert Aude.
CITY ATTORNEY REPORTS
Resoiutions
42. Res. '91-45 - Accessing property
owners the costs of mowing or
clearing owners' lots
42. Res. 191-45 adopted.
Other City Attorney Items
43. Authorization to commence foreclosure
proceedings (Brenda Evans. CDOG
rehabilitation loan)
44. Agreement between the City and the
CRA regarding ~he purchase of the
"Maas Brothers Property"
City Manager Verbal Reports - None.
Other Commission Action - None.
Adjournment - 9:36 p.m.
,. .2/5/91
43. Approved.
44. Approved as amended.
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PLANNIN'G AND ZONIN"G BOARD
RECOMMENDED SITE PLAN CONDI~IONS FOR ~PPROVAL
WALHART CPD REZONING
.
1. Within the 25 foot wide butfer proposed along the rear of the
site (the west side) and along the stag Run Blvd. frontage
west of the proposed driveway (a portion of the north side),
buffer vegetation shall be installed consisting of three rows
of shrubs (minimum height 30" at time of installation) placed
three (3) feet on center; the tree planting requirements of
the Clearwater city code for perimeter landscaping shall also
be met. Due to site constraints, however, the ~ buffer can
be reduced to a minimum of 10 feet in width along up to 20
percent of the width of the property to accommodate the
turning radii required for truck loading access and maneuvers
so long as no reduction in plant materials in the reduced
width buffer occurs. Plant materials to be installed in these
areas shall be dense, fast growing varieties. A landscaping
plan indicating this lanascaping, as well as all other
required landscaping, shall be submitted to the Director of
Planning and Development and Asst. Public Works Director
(Environmental) and approval of this plan shall occur prior to
the issuance of a building permit.
The Walmart building shall maintain a 75 foot setback from
stag Run Blvd.
2.
3 .
The existing driveway proposed for removal along stag Run
Blvd. shall be completely removed through the wetland
mitigation area and the land under the driveway shall be
restored to a functioning wetland condition to the extent
possible given existing utilities in this 'area.
4. During construction, erosion barriers shall be installed to
protect wetland areas to be preserved and/or created.
.
5. No alcoholic beverage sales for on-premise consumption shall
be permitted on the subject property.
6. The hours of operation shall be. from 9: 00 a.m. until 9: 00
p . m., seven days a week, except that extended hours of
operation of 7:00 a.m. until 11:00 p.m. may be permitted for
special events for up to 10 days'per calendar year.
7 . No pickUPS or deliveries shall occur before 8: 00 a. m. or after
10:00 p.m., seven days a week.
8. The applicant shall construct or, alternately, provide funds
to cover the full construction costs of cul-de-sacs or other
street termini, as deemed acceptable by the city staff, to
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PLANNING AND ZONING BOARD
RECOMHENDED SITE PLAN CONDITIONS FOR APPROVAL
WALMART CPD REZONING
Page 2
.
close stag Run Blvd. to through traffic; such construction
should include landscaping and other design considerations to
eliminate cut-through traffic.
9. a. The applicant shall provide all improvements to
surrounding roadways required by the Florida Department of
Transportation.
b. As offered. the applicant shall paY $~O.ooo for
improvements to the NE Coachman Road approach to US 19. to be
included in the planned resurfacing project for NE Coachman
Road (FOOT project for FY 92-93) .
10. The applicant shall provide architectural renderings showing
the proposed east (front), north and south elevations of the
proposed Walmart building as part of its site plan
application. These elevations shall demonstrate architectural
features..,L such as color schemes. entrance treatments. and
landscaDinq which mitiqate the "boxlikeu appearance of some
Walmart stores and specify color treatment for the building.
11. All outdoor storage and displays shall be required to be
approved through the conditional. use permit process.
Proposals for special, temporary outqoor. sales shall be
included in this requirement, so that screening and other
conditions can be established. . Also inOluded are temporary
outdoor storage proposals. .
12. A cross-access easement shall be executed between the
applicant and the owner of Lot 4 to permit the sharing of the
proposed driveway access(es); no direct driveway access shall
be permitted to Lot 4 from NE Coachman Road.
~ No semi-trailers shall enter or exit the orooertv on staa Run '.
Blvd.
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CITY COMMISSION MEETING
December 5, 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, December 5, 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
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Dfrector
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
In order to p~ovide continuity for research, the items will be listed in
agenda order although not necessarily discussed in that order.
. ITEM #3 " Service Pin Awards - None.
ITEM 14 " Introductions and Awards - None.
ITEM 15 - Presentations
The Mayor1s Award for the Volunteer of the Year was presented to William
Donovan.
The City Commission Award for service to the community by a city
employee was presented to Milt Cason.
ITEM '6 - Minutes of the ReQular MeetinQ of November 21. 1991
Commissioner Fitzgerald moved to continue the approval of the minutes of
the regular meeting of November 21, 1991 to December 19, 1991. The motion was
duly seconded and carried unanimously.
ITEM 17 - Citizens to be heard re items not on the Aqenda.
Clinton Sly, representing the Pierce 100 Board of Directors, announced
plans to completely renovate the exterior of the Pierce 100 Condominium
Building. He stated this is a $3.2 million commitment to Downtown Clearwater
by the residents of Pierce 100.
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CCmtg
12/5/91
1
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PUBLIC HEARINGS
IJEM IS - Public HearinQ & First ReadinQ Ordinance #5156-91 - VacatinQ the
northerl~ 2 feet of the westerly 25 feet of utility easement occup~in9 the
southerlY 4 feet of Lot 8. Blk B. Crest Lake Sub:(Kevas!McLeay V91-12)(PW)
Mr. Mcleay purchased a house from Mr. Kevas and the subsequent survey
shows a garage which was built years ago encroaching 1.3 feet into an existing
4 foot utility easement.
The City has no existing utilities within this easement. This petition
has been reviewed by various City Departments/Divisions concerned and there
are no objections. Florida Power, G.T.E. and Vision Cable have no objections
to this vacation request.
Commissioner Fitzgerald moved to approve the vacation of the northerly 2
feet of the westerly 25 feet of utility easement occupying the southerly 4
feet of Lot at Blk B, Crest Lake Subdivision. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 15156-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15156-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM *9 - Public HearinQ & First Readina Ordinance #5155-91 - Vacatina the 10
foot drainaae & utility easement lvinQ alooa the south lot line of lot 28. Sun
Tree Estates less the west 10 feet (Suban V91-11)(PW)
The applicant is requesting the vacation of the 10 foot utility easement
lying along his south property line. A wall has been built in the existing
easement. The wall was built after the Public Works Director issued a permit
for it as a replacement for a fence that had existed for many years and which
was in a dangerous condition.
The City has no existing utilities within this easement. This petition
has been reviewed by various City Departments/Divisions concerned and there
are no objections. Florida Power, G.T.E. and Vision Cable have no objection
to the request. .
Commissioner Nunamaker moved to approve the vacation of the 10 foot
drainage & utility easement lying along the south lot line of Lot 28, Sun Tree
Estates less the west 10 feet. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5155-91 for first reading and
read it by title only. Commissioner Nunamaker moved to pass Ordinance #5155-
CCmtg
12/5/91
2
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91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNaysu: None.
.
ITEM #10 - (Cont. from 11[21/91) Public Hearina & First Reading Ordinance
#5145-91 - Amendment of Zonina Atlas to CPD and Review of Master Site
Plan Sub. Plat for Loehmann's Plaza Lots 1 & 2 NW corner of E Coachman Rd
and US19N. 19.89 acres Principle Mutual Life Ins., Wal-Mart, Z91-02 PlD
Loehmann's Plaza is currently in receivership. This property was
annexed into the City in 1985, and in 1986, the property was platted as two
lots. Lot 1 is the site of the Loehmann's Plaza Shopping Center. Lot 2 is
leased for the use of an automotive service facility (Jiffy LUbe). The
property was platted under the previous Parkway Business District zoning
district and became non~conforming when it was zoned as Commercial Center
(ee). If the area is rezoned to Commercial Planned Development (CPO), and the
proposed replat approved, Lot 1 would be split into three lots and Lot 2 would
be reduced from .65 to .614 acres.
In 1989, the Commission reviewed a request to subdivide the property
into four lots as presently proposed. The proposed 1989 resubdivision
required a total of 18 variances to correct existing non-conformities.
Ultimately. only two of the variances were approved by the Development Code
Adjustment Board, and it was suggested at that time that the site be rezoned
to CPO.
The CPO zoning is being requested in order to address, as a single
issue. the 15 variances required under the CC zoning district. The applicant
has submitted a proposed site plan. This plan shows the demolition of the
Loehmann's Plaza Shopping Center buildings with redevelopment of the majority
of this site with a WalNMart Store. Four lots would be created: 1) the Jiffy
Lube property; 2) the Kinko.s site; 3) the Wal~Mart site; and 4) the
undeveloped parcel at the southwest corner of the site.
The revised site plan is currently being reviewed by staff. This
procedure will assure that development of the site is looked upon as a whole.
with the individual parcels complementing each other. Staff feels this
approach will more adequately ensure appropriate development of the property,
as measures to mitigate the potential negative effects of the development on
nearby residential property and roadways can be considered and implemented.
The Planning and Zoning Board continued discussion on this item from
their November 5 and 19 meetings to allow more time for staff review and'
coordination with both the applicant and the Coachman Ridge neighborhood which
has been vocally opposed to the proposed development due to concerns about
traffic on Stag Run Boulevard. NE Coachman Road and Old Coachman Road, and
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CCmtg
12/5/91
3
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about driveway and other site design issues. At its meeting of December 3,
1991, the Board recommended approval of the application subject to thirteen
conditions.
It should be noted the applicant has been responsive to the concerns of
both staff and the neighborhood. Several changes to the site plan have been
made, including closure of the existing "center" driveway access to Stag Run,
shifting of the loading dock to the south side of the site. and provision of a
25 foot wide landscaped buffer along the west and relevant portions of the
north sides of the site. The applicant has also agreed to share in the cost
of some roadway improvements. This cooperative attitude is particularly
worthy of note since the existing site development (195,000 sq.ft. of Shopping
center) exempts the applicant from both the City's concurrency regulations and
transportation impact fee requirements.
Staff review indicates the need to close Stag Run Boulevard to eliminate
a serious "cut-through" traffic situation. The roadway would be closed
through the construction of two "back-to-back" cul-de-sacs (or other road
termini) at the Florida Power right-of-way.
Staff also recommends initiating a study to determine the validity of
moving the proposed improvements to NE Coachman Road into the Metropolitan
Planning Organization's five year Transportation Improvement Program since
traffic volumes have increased on the roadway since the City's Comprehensive
Plan was approved and because the proposed improvements to Stag Run Boulevard,
which close that road to through traffic, will likely further degrade NE
Coachman Road's capacity as traffic formerly using Stag Run Boulevard is
diverted to new routes.
Jim Polatty, Planning and Development Director, reviewed the plans to
redevelop the property by tearing down the current center and rebuilding a
Wal-Mart store. He stated Phase I of the proposal will be a 121,000 square
foot Wal-Mart with Phase II adding an additional 30,000 square feet to the
store. He stated this is still less square footage than the current center.
He reviewed the traffic impacts at the intersection of NE Coachman and US19
stating it will have a Level of Service F and the road will go from a Level of
Service C to D. He stated the Planning and Zoning Board has met twice on this
issue and recommended approval with thirteen conditions. He stated Wal-Mart
has requested that only on-premises alcoholic beverage sales be prohibited.
He reiterated that any requests for alcoholic beverage sales would have to go
to the Planning and Zoning Board and the City COlnmission prior to approval.
He also reviewed Wal-Mart's request to have extended hours ten days a
year'to accommodate the holiday season. He stated that condition #9 has been
changed to only require that the applicant pay $10,000 far improvements to NE
Coachman as when the improvements occur, if utility relocation is needed, the
price would be substantially increased. He stated condition #10 requires that
architectural renderings be provided to mitigate the box like appearance of
same Wal-Mart stores.
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Mr. Polatty indicated the Commission had asked that staff review on and
off site environmental impacts and this has been done. The report shows that
the redevelopment will improve the impervious area and run-off conditions.
Timothy Johnson, attorney representing Wal-Mart, stated WaT-Mart is the
contract purchaser of the property. He reviewed advantages over the current
development stating the current center is becoming in disrepair. He stated
the current zoning would allow a 380,000 square foot development. The CPD
zoning will limit that development to 151,000 square feet. Wal-Mart will
employ 170 people and the hours will be limited to that more preferential to
the neighbors. He stated on-premises consumption of alcohol will be
prohibited and that Wal~Mart has agreed to pay to cul-de~sac Stag Run
Boulevard to eliminate cut-through traffic. They have also reduced the number
of access points to the property. An access easement will be granted to lot 4
which will eliminate a need for access to that lot. He stated that while
Loehmannts Plaza has not generated the maximum amount of traffic, if it had
been successful, traffic would be more than the proposed development. He also
indicated Wal-Mart has agreed to pay $10,000 toward the NE Coachman/US19
intersection. He stated they have met with the residents of Coachman Ridge
and the developers have agreed to do things in order to accommodate the
neighbors.
Three citizens spoke regarding the development indicating concerns
regarding traffic impacts and requesting there be assurances that improvements
to the roads will be made.
One citizen spoke in opposition to the project stating they did not want
a Wal-Mart in that location with its attendant traffic.
Peter Yauch, Traffic Engineer, indicated the County had planned to make
improvements at the intersection of NE Coachman and Old Coachman Road in
fiscal year 92-93; however, they are now hesitant regarding this commitment
because Penny for Pinellas funds are less than anticipated.
In response to a question, Jim Polatty, Planning and Oevelopment
Director, indicated the proposed development will have to go through the
Development Review Committee process and at that time such things as trees and
other environmental requirements will be considered.
Discussion ensued regarding the impacts of the proposed development. In
response to a question, Mr. Polatty indicated the Commission is being
requested to ask that the needed road improvements be included in the MPO five
year plan.
Further discussion ensued regarding the road improvements and when they
would be done. It was indicated that by using the $10,000 being con~ributed
by Wal-Mart, it was hoped this would make sure the State follows through with
these improvements.
Mr. Johnson stated the development is vested and setting traffic aside,
this is a project the Commission should approve. He requested Clearwater
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exert its influence to assure the widening of Coachman Road is moved up
whether or not Wal-Mart is developed there.
It was stated the rezoning is desirable no matter what development takes
place on the parcels. It was stated if the project is not redeveloped,
eventually taxes would not be paid and the property would have to be sold for
a tax sale.
Commissioner Regulski moved to approve the zoning amendment to
Commercial Planned Development for Loehmann's Plaza Replat, Lots 1 and 2
subject to the following conditions; 1) Within the 25 foot wide buffer
proposed along the rear of the site (the west side) and along the Stag Run
Boulevard frontage west of the proposed driveway (a portion of the north
side), buffer vegetation shall be installed consisting of three rows of shrubs
(minimum height 3011 at time of installation) placed three feet on center; the
tree planting requirements of the Clearwater City code for perimeter
landscaping shall also be met. Due to site constraints, however, the rear
buffer can be reduced to a minimum of 10 feet in width along up to 20 percent
of the width of the property to accommodate the turning radii required for
truck loading access and maneuvers so long as no reduction in plant materials
in the reduced width buffer occurs. Plant materials to be installed in the
reduced areas shall be dense, fast growing varieties. A landscaping plan
indicating this landscaping, as well as all other required landscaping, shall
be submitted to the Director of Planning and Development and Assistant Public
Works Director (Environmental) and approval of this plan shall occur prior to
the issuance of a building permit; 2) The Wa1-Mart building shall maintain a
. 75 foot setback from Stag Run Boulevard; 3) The existing driveway proposed for
removal along Stag Run shall be completely removed through the wetland
mitigation area and the land under the driveway shall be restored to a
functioning wetland condition to the extent possible given existing utilities
in this area. 4) During construction. erosion barriers shall be installed to
protect wetland areas to be preserved and/or created; 5) No alcoholic beverage
sales for on-premise consumption shall be permitted on the subject property.
6) The hours of operation shall be from 9:00 a.m. until 9:00 p.m., seven days
a week, except that extended hours of operation of 7:00 a.m. until 11:00 p.m.
may be permitted for special events for up to ten days per calendar year; 7)
No pickups or deliveries shall occur before 8:00 a.m. or after 10:00 p.m.,
seven days a week; 8) The applicant shall construct or, alternately, provide
funds to cover the full construction costs of cul-de-sacs or other street
termini, as deemed acceptable by City staff. to close Stag Run to through
traffic; such construction should include landscaping and other design'
considerations to eliminate cut-through traffic; 9) a. The applicant shall
provide all improvements to surrounding roadways required by FDOT - b. As
offered, the applicant shall pay $10,000 for improvements to the NE Coachman
Road approach to US19. to be included in the planned resurfacing project for
NE Coachman Road (FOOT project for FY92-93); 10) The applicant' shall provide
architectural renderings showing the proposed east (front), north and south
elevations of the proposed Wal~Mart building as part of its site plan
ap~lication. These elevations shall demonstrate architectural features, such
as color schemes, entrance treatments, and landscaping which mitigate the
uboxlike" appearance of som~ Wal-Mart stores and specify color treatment for
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the building; 11) All outdoor storage and displays shall be required to be
approved through the conditional use permit process. Proposals for special,
temporary outdoor sales shall be included in this requirement, so that
screening and other conditions can be established. Also included are
temporary outdoor storage proposals; 12) A cross-access easement shall be
executed between the applicant and the owner of Lot 4 to permit the sharing of
the proposed driveway access(es): no direct driveway access shall be permitted
to Lot 4 from NE Coachman Road; and 13) No semi-trailers shall enter or exit
the property on Stag Run Boulevard; that staff initiate improvements to Stag
Run Boulevard to eliminate through traffic between US19, Old Coachman Road and
NE Coachman Road; and that staff initiate a traffic circulation study to
appropriately place improvements to NE Coachman Road on the Transportation
Improvement Program. The motion was duly seconded and carried unanimously.
. The City Attorney presented Ordinance 15145-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance 15145-91
on first reading. The motion was dUly seconded and upon roll call, the vote
was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM Hl1 - (Cont. from 11/21/91) Declare nronerties surplus for the DurDose of
deedinQ the land and grantinQ easements to FOOT for the widening of S.R. 580
lPW}
The Florida Department of Transportation (FOOT) is proposing to widen
State Road sao from Countryside Boulevard to Kendale Drive. Inasmuch as they
propose to widen the road to six lanes, they will need additional right-of-way
along several City parcels of land. In order to meet Florida Department of
Environmental Regulation requirements for storm drainage, the FOOT will also
need parcels for drainage purposes. The City's contribution of this right-of-
way will encourage and expedite this improvement and continue the longstanding
cooperation between the City and the FOOT. Because of the proximity of the
Countryside Police Station, Police Chief Sid Klein has been informed about
this requirement and has no objection to this request.
Staff requested this item be continued to December 19. 1991, in order to
receive documents regarding the state paying for utility relocation.
Commissioner Berfield moved to continue this item to the next regularly
scheduled meeting of December 19, 1991. The motion was duly seconded and
carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #12 - Ordinance '5147-91 - Relatina to contractors. repealinQ Ch. 74
The City Attorney presented Ordinance #5147-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
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Ordinance 15147-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Barfield and Garvey.
lINaysn: None.
ITEM 113 - Ordinance #5148-91 - Relatina to street artists and craftsmen.
repealina Ch, 78
The City Attorney presented Ordinance 15148-91 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt
Ordinance 15148-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
IlAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IlNays": None.
.
ITEM 114 - Ordinance #5149-91 - Relatina to secondhand aoods. repealing Ch, ;9
The City Attorney presented Ordinance #5149-91 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt
Ordinance 15149-91 on second and final reading. The motion was dUly seconded.
Upon roll call, the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM 115 - Ordinance #5150-91 . Relatinq to auction sales of jewelry. precious
stones and bric-a-brac. repealinq Ch. 80
The City Attorney presented Ordinance #5150.91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance '5150-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
IlAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"NaysU: None.
ITEM 116 - Ordinance #5151-91 - Relatinq to aift certificates and coupon
books. repealina Ch. 81
The City Attorney presented Ordinance 15151-91 for second reading and
read it by title only. Commissioner'Nunamaker moved to pass and adopt
Ordinance 15151-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
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UAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IINaysll: None.
The City Attorney presented Ordinance 15152-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance 15152-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
UAyes": Regulski. Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
ITEM 118 - Ordinance '5153-91 - Relatino to city charter; 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
Commissioner Berfield moved to continue this item until the next
regularly scheduled meeting of December 19, 1991. The motion was duly
seconded and carried unanimously.
. ITEM #19 - Ordinance 15154-91 - RelatinQ to Administration of City, creating
Sec. 21.04 regarding departments of City, repealing Ch. 28 re: same
Commissioner Berfield moved to continue this item until the next
regularly scheduled meeting of December 19, 1991. The motion was duly
seconded and carried unanimously.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 120-35) - Approved as submitted less Item 127.
Agreements - Approved.
ITEM #20 - Restoration Aareement with FDOT for Parcel IRA3. Sec. 15070-2525,
S.R.580 (PW)
Bids & Contracts - Awarded.
ITEM 121 - Extension of contract with Doctors. Walk-In Clinic for Physical
Exams and other medical services for City employees for the period 1/1/91-
12/31/92 for an estimated amount of $72,975 (AS)
.
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IIEM '22 - Purchase of twenty-one 1992 Ford Crown Victoria Police Patrol
Vehicles rom arTisTe Ford Inc., St. Petersburg, FL, at a total cost of
275,667; financing to be provided under Cityts Master Lease Purchase
Agreement with AT&T Credit Corp. (GS)
. ,
Citizens & Staff Requests - Approved less Item #27.
ITEM 126 - Sale of orange crop located at City.s sludQp disposal farm site to
Edwards Fruit Co., Lakeland, FL, for a cash payment of $10,600 (PW)
ITEM '27 - See PaQe 11 & 12
Change Orders - Approved.
ITEM #28 - C.O.H1 Final to contract for the Martin Luther Kin Multi-Pur ase
Room to PAR Builders II. Inc., increasing the amount by 4,852.95, adjusting
. the total to $136,364.95 and transfer $2,500 of Recreation Facility Impact
fees to this project (PR)
Plans & Plats - Approved.
ITEM #29 - Preliminary Subdivision Plat for Park Place/Storz located between
Drew St. Gulf-to-Ba US19 and Ham ton Rd., Sec. 17-29-16, M&Bs 21.00 &
24.03, 48.421 acres m.o.l. Building Operation Holding Co.)(PLD)
Receive the Preliminary Subdivision plat for Park Place/Storz and authorize
the Development Review Committee (DRC) to review the final plat subject to the
following condition: Signs and fencing/walls are subject to separate review
and permitting processes; and the City Commission approve the Final
Subdivision Plat.
ITEM 130 - Preliminary Site Plan for Park Place/Storz located between Drew
St. Gulf-to-Ba US19 and Ham ton Rd., Sec. 17-29-16, M&Bs 21.00 & 24.03,
48.421 acres m.o.1. Building Operation Holding Co.}(PLD)
Receive the Preliminary Site Plan for Park Place/Storz and authorize the
Development Review Committee (DRC) to review the final site plan subject to
the following conditions: 1} Signs and fencing/walls are subject to separate
review and permitting processes; and 2) The site plan shall include a bus stop
.
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with sheltered benches in a location suitable to PSTA and the Department
Public Works/Traffic Engineering; and the City Commission approve the final
Site Plan.
Receipt & Referral ~ Received and Referred.
ITEM 132 ~ Receive Aareement to Annex as Petition for Annexation. Land Use
Plan Amendment to Medium Densitv Residential arid RM12 Zonina for Dropertv
located at 205 Elizabeth Ave. and refer to the City Clerk for advertising,
Sec. 17-29-16, M&B 13.18,0.24 acre m.o.l. (Janey, A91-13, Z91-14)(PLD)
ITEM #33 - Receive/Refer Amendment adoDtina the 1991 Standard Housing Code and
applvina the provisions of Sec. 308 of same to hotels. motels. dormitories and
lodqina houses (PLD)
CITY ATTORNEY
Agreements, Deeds & Easements
ITEM 135 - 20 foot Sanitar sewer easement - Hibiscus Gardens Blk W Lot 12
Florida VOA Elderly Housing, Inc.
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted
less Item #27 and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The Pinellas County Commission has adopted a set of sign regulations
which are similar to those recommended by the Mayor's Council. The new
regulations contain a sunset clause allowing the County Commission to
invalidate the ordinance if a city or cities representing more than 2% of the
county's population adopt sign regulations less restrictive than the county
after March, 1992 or decide to opt out of the county's ordinance all together.
For the most part, the City of Clearwater's sign regulations are more
restrictive than those of Pinel1as County.
Jim Polatty, Planning and Development Director, indicated staff is
requesting the Commission authorize the use of the Countywide Ordinance as a
format for the City's proposed revisions to its sign code. He stated there is
incorrect information in the agenda item in that non-conformities in the OL
zone will not exist, only PSP is non~conforming to the county ordinance
regarding height.
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A suggestion was made the item be continued until such time as correct
information can be obtained.
Commissioner Berfield moved to continue this item to the next regularly
scheduled meeting of December 19, 1991. The motion was duly seconded.
A question was raised regarding what other municipalities were doing and
it was indicated St. Petersburg has agendaed the item for discussion however,
staff has been told that Ounedin and Pinellas Park do not ir.tend to adopt the
county's ordinance.
It was indicated it is staff's intent to encourage the county to adopt
the ordinance.
Upon the vote being taken: the motion carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #36 - Aareement for Professional Services with Kina Enaineerina
Associates. Inc. for a term of two years subject thereafter to renewal by
Commission approval, in the amount of $477,654.50 to develop and produce the
NPDES permit applications, an element of the Comprehensive Watershed
Management and Urban Ecosystem Management Master Plan and other related
activities (PW)
,
According to the "National Water Quality Inventory, 1988 Report to
Congress II , pollution from sources such as agriculture, urbanization,
construction sites, land disposal and mining are among the leading causes of
water quality impairment. Subsequent to this report, on November 16, 1990,
the Water Quality Act of 1987 (also known as the Clean Water Act of 1987)
implemented the National Pollutant Oischarge Elimination System (NPDES) permit
process for nlunicipal and industrial storrnwater discharges.
In addition to the new federal requirement applied to local water
resource protection, the State of Florida has also imposed significant
legislation to improve water resources and control storrnwater discharges in
Florida. Changes were made to the State Comprehensive Plan as well as to the
administrative rules of state environmental regulatory agencies. The State
Water Policy was amended to afford greater protection to state water resources
from diffuse source (Non-Point Source) runoff and has established as a surface
water protection and management goal, the development of comprehensive
watershed management plans. This will not only prevent existing
environmental, water quantity, and water quality problems from becoming worse,
but will also reduce existing flooding problems, improve existing water
quality, and preserve or restore the value of natural systems.
In May, 1989, the City approved, through the Comprehensive Plan, a
pledge to develop a stormwater master plan consistent with the State
Comprehensive Plan, and address policies consistent with the protection of,
water and natural resources.
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On August 1, 1991 the Commission approved the ranking of prospective
consulting engineers to prepare a Citywide Stormwater and Watershed Management
Master Plan. A contract was developed through negotiation with King
Engineering Associates.
Since the original stormwater management program concept was conceived,
a number of state and federal changes have occurred, including a more
aggressive federal NPDES program than originally anticipated. The available
balance in this project is sufficient to provide funds for the contract with
King Engineering. Although the $486,000 now available was anticipated to fund
the development of a Comprehensive Stormwater Master Plan, of which the NPDES
Element was certainly an anticipated component, the changes that have occurred
at 'the state and federal level require staff to now consider phasing this
project. The work proposed by this contract represents those elements
minimally required to meet federal requirements due on May 18, 1992 and which
is integral to the development of a final Municipal and Industrial NPDES
permit. Approval of this item will allow the City to move forward on the most
critical elements of the Comprehensive Watershed Management and Urban
Ecosystem Master plan while details and alternative funding mechanisms are
developed for those remaining features of the Master Plan.
While the focus of this contract is primarily on the NPDES efforts, the
contract contains language that allows for expansion into the more
comprehensive master plan which was originally envisioned and is still
desired. Should the City be successful in its application for a 50%-50%
funding cost share with the Southwest Florida Water Management District or
from other similar sources, an amendment will be processed whereby King
Engineering is assigned the greater study.
Tom Miller, Environmental Manager, stated the EPA requires the City to
participate in this program. The May 1992 deadline is based on Clearwater's
population size. He stated the contract also includes some work regarding
FEMA activities in flood prone areas and the deadline for that information is
December 14, 1991. He stated the contract is an upset, in other words, a
maximum amount that can be spent but if all the money is not needed, it will
not be.
Bill Jonson, Chairman of the Environmental Advisory Committee, stated a
sub-committee had been created to look at this contract. He stated it was the
consensus of the committee that the City move to approve staff's
recommendation but to not reduce the commitment to an entire watershed
management program.
Discussion ensued regarding the funding for this project and it was
indicated part of the original $750,000 committed toward this project had been
used for the establishment of the Stormwater Utility Fee. There is over
$400,000 left for this program.
In response to a question, Bill Baker, Public Works Director, stated he
did not believe the entire program would cost more than $900,000.
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further discussion ensued regarding funding with questions being asked
regarding whether or not the Stormwater Utility Fee would pay for all the
costs. It was indicated some of the Stormwater Utility Fees have been used to
pay the salaries of people hired to conduct the environmental management
program regarding stormwater.
Concerns were expressed regarding duplication of effort and whether or
not data needed is already available without it having to be recompiled.
Ed Mazur, President of King Engineering, indicated the contract is
worded so as not to duplicate work. He stated they will be accumulating data
and not recreating it. He stated the County may do part of the work and the
City may do some. The contract is worded so that the company can do all or
pieces of the work. He stated the company will justify, on a monthly basis,
what it has done on this project. He indicated 90% of the wording for this
contract was taken directly from the statute requiring the work.
Further discussion ensued regarding the funding with it being indicated
the original $750,000 had been in the Capital Improvement Project prior to the
Stormwater Utility Fee being developed.
Concerns were expressed that the entire Environmental Committee had not
had an opportunity to review the final contract document. It was indicated
that if approval of this contract were delayed. it would jeopardize the City's
ability to meet its deadlines.
The City Manager indicated he believed the City was pursuing an
expedient and prudent course of action with this contract. He indicated that
if the Environmental Advisory Committee meets and recommends modifications,
these can be brought back at a later date. Mr. Mazur agreed with the City
Manager that modifications could be made in the future.
Concerns were expres'sed regarding the Environmental Advisory Committee
members wanting to review the contract prior to its approval.
Commissioner Regulski moved to approve the contract with King
Engineering Associates, Inc. in the amount of $477,654.50 for a term of two
years, subject thereafter to renewal by Commission approval. The motion was
duly seconded. Upon the vote being taken; Commissioners Regulski, Fitzgerald
and Nunamaker and Mayor Garvey voted UAye", Commissioner Berfield voted "Nay".
Motion carried.
It was stated that if the Environmental Advisory Committee comes up with
additional recommendations, the Commission can consider that at a later date.
It was also requested that the funding source for this project be reviewed and
the Commission discuss this at a worksession in the future.
The meeting recessed from 8:20 p.m. to 8:31 p.m.
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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
Department of Transportation (FOOT). The City has agreed with FOOT to prepare
preliminary design reports and construction contract documents including
construction plans and specifications in conformance with the requirements of
FOOT and the Federal Highway Administration.
The initial work contemplated in this agreement is the preparation of a
preliminary design report known as a Project. Development and Environmental
(PD&E) Study. Future work contemplated in this agreement is the preparation
of construction contract documents including construction plans and
specifications, right-of-way maps. easement and property descriptions, FOOT
Joint Project Agreements for the relocation of utilities, permit applications,
record drawings for utility relocations, certifications and other such
professional services which may be necessary for the successful completion of
this project. When such services are desired by the City. the City and the
Engineer will negotiate amendments to this agreement.
The PD&E study will begin upon approval and written notice to proceed
and is anticipated to take twenty months to complete.
Bill Baker, Public Works Director, indicated plans are to create a five
lane corridor with four traffic lanes and a middle turn lane. He stated
intersections at Highland and Hercules already have this configuration as well
as the intersection of Saturn Avenue. He stated that with completion of the
Bayside Bridge and completion of this project and the extension of McMu11en-
Booth Road, Clearwater will have an improved link to the downtown area. He
stated the county's project is already in the works. Staff plans to use the
City's $4 million to take this project as far as they can prior to the State's
participation.
The City Manager indicated the contract has been reviewed and approved
by FOOT.
In response to a question. the PD&E study will not produce final right-
of-way maps.
Commissioner Berfie1'd moved to approve a contract with Post, Buckley,
Schuh & Jernigan, Inc., Consulting Engineers, to prepare a PD&E study for the
widening of Drew Street for a not-to-exceed fee of $496.429.89. The motion
was duly seconded and carried unanimously.
ITEM #38 - First ReadinQ Ordinance #5158-91 - Election Code (eLK)
The City Clerk and City Attorney have reviewed the City's Election Code
for needed amendments.
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The proposed ordinance contains amendments to bring the code up to date
with the City Charter and Florida Election Code Requirements as well as minor
clarifying language changes.
The most significant changes are:
1) Removal of the 90 day prior to the election restriction for
uppointment of a campaign treasurer. The City Attorney is of the opinion that
this is not in keeping with the requirements of F.S. 106 which the City must
follow. Petition cards will still not be available until 90 days prior to the
election.
2) Requiring an individual to obtain new petition cards if they change
the seat for which they are running. Currently. it is possible to circulate
the petition cards indicating plans to run for a particular seat and change
that seat at qualifying.
3) Repealing Chapter 33. Campaign Financing. State law requires
municipalities to enforce Chapter 106 Campaign Financing. By repealing this
section, the City avoids duplication and eliminates the need to amend this
section when Chapter 106 is amended.
Generally. when a requirement is contained in the Charter or State
Statutes, the Code will simply reference the appropriate section and eliminate
duplicate language.
The City Attorney reviewed the proposed changes.
A concern was expressed regarding eliminating the 90 day time frame for
appointing the treasurer.
The City Attorney indicated there has been case law which states that
there can not be limitations on expenditures by a candidate. It was suggested
the limitations be placed on when contributions can be collected.
Consensus of the Commission was for the ordinance to be amended at
second reading to provide a time frame for appointment of treasurer or
collection of funds.
Commissioner Berfield moved to approve the changes with the
understanding that an amendment would be made at second reading. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5158-91 for first reading and
rep.d it by title only. Commissioner Regulski moved to pass Ordinance #5158-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
IIAyesll: Regulski, Nunamaker. Fitzgerald, Berfield and Garvey.
"Nays": None.
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ITEM 139 - Librarv Board - 1 appointment (eLK)
Commissioner Berfield moved to reappoint David Berry. The motton was
duly seconded and carried unanimously.
ITEM #40 - North Greenwood Desion Review Committee - 3 aooointments (CLK)
Commissioner Regulski moved to reappoint Muhammad Abdur-Rahim. Talmadge
Rutledge and Michael Klapka. The motion was duly seconded and carried
unanimously.
ITEM 141 - Clearwater Housing Authoritv - 1 aopointment (CLK)
Mayor Garvey stated she wished to appoint Robert Au4e to complete the
unexpired term to September 26, 1993. Commissioner Regulski moved to confirm
the Mayor's appointment of Robert Aude. The motion was duly seconded and
carried unanimously.
Other Pending Matters - None.
CITY ATTORNEY REPORTS
Resolutions
ITEM 142 - Resolution 191-45 - Assessino property owners the costs of mowino
or clearing owners. lots
~ The City Attorney presented Resolution 191-45 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #91-45 and
authorize the appropriate officials to execute same. The motion was duly
seconded. upon roll call the vote was:
ItAyesu: Regulski. Nunamaker, Fitzgerald, Berfield and Garvey.
IINays": None.
Other City Attorney Items
ITEM #43 - Authorization to commence foreclosure
CDBG rehabilitation loan
Pursuant to information from the Community Development Division, Brenda
Evans received a federally funded CDSG loan in the amount of $25,000 to
rehabilitate the property at 1002 Garden Avenue in 1985. $10,000 of the loan
was to be repaid with interest at 6% and $15,000 was deferred and did not
require monthly payments. Ms. Evans vacated the premises which caused a
default under the terms of the mortgage. Her sister continued to live there
and Ms. Evans did continue to make monthly payments up until filing a petition
in bankruptcy court and receiving a discharge. The City has had the trustee
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disclaim any interest in the property and the court has granted an order
giving the City permission to commence foreclosure proceedings. Permission is
requested from the Commission to proceed to attempt to recover these funds.
Commissioner Nunamaker moved to authorize an attempt to recover the
funds. The motion was duly seconded and carried unanimously.
ITEM 144 . Agreement between the City and the eRA renardino the Durchase of
the uMaas Brothers ProDertvU
At a special meeting on December 2, 1991, the Commission assigned the
contract for the purchase of Maas Brothers to the Community Redevelopment
Agency (eRA). The Commission also approved a loan to the eRA for said
purchase based on certain conditions. This agreement formalizes those
conditions.
Commissioner Regulski moved to amend the agreement to add a section 6 to
read: During the term of this agreement or any extensions thereof, the eRA
shall be responsible for the maintenance and operations of the subject
property and assume all associated costs, including any claims for damages
suffered by any party on the subject property. The motion was duly seconded.
Upon the vote being taken; Commissioners Regulski, Nunamaker and Berfield and
Mayor Garvey voted "Ayell, Commissioner Fitzgerald voted "Nay". Motion
carried.
Commissioner Nunamaker moved to approve the agreement as amended. The
motion was duly seconded.
Discussion ensued regarding extensions of terms.
Commissioner Regulski moved to amend Section 4 to read: The initial
term of this agreement shall commence upon the date hereof and shall expire on
June 30, 1992. The term may be extended by the City for any additional time.
As used herein, Uterm of this Agreement" includes the initial term and any
extensions ther~Qf. The motion was duly seconded and carried unanimously.
A concern was expressed regarding the last sentence of Section 1 which
reads: "Such decisions may be in the form of concepts or policies, if any
special condition such as referendum approval is required, such special
condition need not be satisfied during the term of this Agreement". The City
Attorney indicated this was an effort to alJow for the referendum or any other
special condition after the term of the agreement. For example, if decisions
are not reached until 5 and 1/2 months and the agreement expires in 6, there
would not be time to hold the referendum.
A concern was. expressed regarding Section 3 requiring the eRA to pay
interest. It was requested it be amended to put in: "Until such principal
and interest are paid in full". The City Attorney indicated the terms had not
been determined and it was his understanding this would be done at the
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expiration of the 6 month time period. It was suggested that Section 3 be
amended to indicate the funds loaned to the CRA be paid in full no later than
5 years after the termination of the agreement.
Discussion ensued regarding the need for this amendment. It was
recommended it be changed to two years after the termination of the agreement.
Commissioner Regulski moved to amend Section 3 to read: The eRA will
pay interest quarterly, equivalent to the cash pool rate and the loan to be
paid in full within two years of the termination of this agreement. The
motion was duly seconded. Upon the vote being taken; Commissioner Regulski,
Nunamaker and Berfield voted UAye", Corrnnissioner Fitzgerald and Mayor Garvey
voted "Nay". Hotion carried.
. A concern was expressed regarding a current agreement with Maas
Brothers requiring maintaining the property to the north for parking.
Discussion ensued regarding whether or not this needed to be addressed
and whether or not that agreement was still in effect. It was indicated the
concern was that an objection could be raised if parking were taken away. The
City Clerk indicated she felt this agreement had already been canceled. It
was stated it was felt the cancellation only addressed the meters to the west
and the agreement regarding the north was still in effect.
Commissioner Regulski moved to add a Section 6 to read: In assigning
this contract to the CRA, the City reserves and cancels any parking agreements
with the Maas Brothers or any previous owners of the property. The motion was
duly seconded. .
Oiscussion ensued regarding there already being a motion on the floor.
Commissioner Regulski withdrew his second to the motion to approve the
contract as amended. The motion was then seconded by Commissioner Fitzgerald.
Commissioner Fitzgerald moved to call the question.
Commissioner Nunamaker withdrew his motion to approve the contract as
amended.
The City Clerk requested that all motions be rescinded as there had been
an open motion on the floor when motions for additional amendments were made
and approved.
Commissioner Nunamaker moved to rescind all motions. The mation was
duly seconded and carried unanimously.
Commissioner Regulski moved to amend Section 3 to read: The eRA will
pay interest quarterly, equivalent to the cash pool rate and the loan to be
paid in full within two years of the termination of this agreement. The
motion was duly seconded and upon the vote being taken; Commissioners
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Regulski, Nunamaker and Berfield voted "Aye", Commissioner Fitzgerald and
Mayor Garvey voted "Nay". Motion carried.
Commissioner Regulski moved to amend Section 4 to read: The initial
term of this agreement shall commence upon the date hereof and shall expire on
June 30, 1992. The term may be extended by the City for any additional time.
As used herein, Ilterm of this Agreement" includes the initial term and any
extensions thereof. The motion was duly seconded and carried unanimously.
Commissioner Regulski moved to add a Section 5 to read as follows:
During the term of this agreement of any extensions thereof, the eRA shall be
responsible for maintenance and operations of the subject property and assume
all associated costs, including any claims for damages suffered by any Party
on the subject property. The motion was duly seconded and upon the vote
being takenj Commissioners Regulski, Berfield, Nunamaker and Mayor Garvey
voted IIAye", Commissioner Fitzgerald voted IlNay". Motion carried.
Commissioner Regulski moved to add a Section 6 to read as follows: In
assigning this contract to the CRA, the City reserves and cancels any parking
agreements with the Maas Brothers or any previous owners of the property. The
motion was duly seconded and upon the vote being taken: Commissioners
Regulski, Nunamaker, and Berfield voted "Aye", Commissioner Fitzgerald and
Mayor Garvey voted IINaylt. Motion carried.
Commissioner Regulski moved to approve the agreement with the CRA as
amended. The motion was duly seconded.
A question was raised regarding whether or not the City could use Penny
for Pinellas funds to purchase this property.
Discussion ensued regarding the funding for this acquisition and whether
or not the City could legally assign the contract.
The City Attorney indicated the contract was assignable and it had been.
He stated acceptance of the agreement tonight is not part of the assignment.
Commissioner Regulski moved to call the question. The motion was duly
seconded and carried unanimously.
Upon the vote being taken on the motion to approve the agreement as
amended; Commissioners Regulski, Fitzgerald, Nunamaker and Mayor Garvey voted
IlAye", Commissioner Berfield voted uNayll. Motion carried.
City Manager Verbal Reports - None.
Other Commission Action - None.
Adjournment
The meeting.adjo~rned at 9:36 p.m.
. ATTEST' f).~.",~ ~
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