12-19-1991
:, ,~." , ,1-. . . I' .~ '. ~ . ,- '...". ' .... ,. , . '..: ".' J; ..;,',~. .
)
ACTION AGENDA - CITY COMMISSION MEETING - December 19, 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 name 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
COl1l11ission.
1. Pledge of Allegiance
2. Invocation
3. Service Pin Awards
4. Introductions and Awards
5. Presentations:
a) Recycling Goals by George McKibben
b) Clearwater Utilites We Care Fund
(AS)
6. Minutes of Regular Meeting November
21, 1991 & December 5, 1991 and
Special Meeting December 2, 1991
7. Citizens to be heard re items not on
the Agenda.
.
1. Mayor.
2. None. ,
3. 1 pin awarded.
4 . None.
5. a) Reported goals have been exceeded,
other products are being considered.
bj Program Reviewed. Approved.
c Turkey Trot Awards presented.
d Letters of Commendation given to
Police Officer Wayne Spitaleri, Fire
Lieutenant John Donaldson and Fire
Fighter Charles Daniels for rescuing
man from submerged car on 11/29/91.
6. Approved as submitted.
7. Wayne Steritt thanked Commission for
doing a good job and stated he was
proud of Clearwater.
Bob Clark requested apology from
courts.
Not Before 6:00 P.M. - Scheduled Public Hearings
(21) Presentation of issues by City staff.
() Statement of case by applicant or
representative (5 minutes).
(3) Statement of case by opposition
(5 minutes).
(4) Commission questions.
(5) Comments in support and in
opposition: (a) individual (3
minutes); (b) spokesperson for groups
(10 minutes).
l61 Commission questions.
7 Rebuttal by opposition (5 minutes).
8 Final rebuttal by applicant or
representative (5 minutes).
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord.
15159-91 - Vacating the 10' drainage
and utility easements lying along the
easterly and southerly boundary lines
of Sec. 21~29-15, M&B 44.11'
(Fairwinds Properties Inc. V91-
13 )(PW)
.2/19/91
...
B. Approved. Ord. 15159-91 passed 1st
reading.
1
" '
9. (Cont. from 11/21/91) Variance to
Sign Regulations for property located
at 20505 US19N Sec. 17-29-16, M&B
32.01 & 32.02 (Trizec Properties,
Inc./Gayfers/Pugh, SV91-21)(PLD)
10. Variances to the Sign Regulations for
property (Daffodil Boutique) located
at 700 S. Gulfview Blvd., Bayside
Sub. No.6, Unit S, Blk E, Lot 13
together with 151 vacated road on
south and Bayside Shores,Blk C, Lots
11 & 12 (Best SV91-23)(PLD)
11. (Cont. from 12/5/91) Declare
properties surplus for the purpose of
deeding the land and granting
easements to FOOT for the widening of
S.R. 580 (PW) To be Cont.
12. Second Reading Ord. #5113-91 - Land
Use Plan Amendment to Industrial for
a portion of Phase II and all of
Phase III of Park Place DRI, located
between Drew St. and Gulf-to-Bay
Blvd., and between US19 and Hampton
Rd. (Building Operation Holding Co.,
LUP91-04)
13. Second Reading Ord. 15114-91 - RD
Zoning for property subject of Ord.
15113-91 (Building Operation HOlding
Co., Z91-01)
14. Second Reading Ord. #5142-91 -
Relating to Park Place, amending Ord.
#3205-83, the development order for
Park Place, as amended by Ord. #3287-
83; providing findings of fact and
conclusions of law; providing for
amendments to conceptual plan and
phasing of the development;
determining the amendments are not a
"substantial deviation" from the
approved development order;
determining the amendments are
consistent with the comprehensive
plan of the city
f
9. Approved variance of 214 sq.ft.
surface area for the north~facing .
business i.d. sign to permit
continuation of same after 10/13/92
subject to: 1) variance applies only
to the north-facing business i.d.
sign (faCing SR60) & 2) All other
signs on the business shall be
brought into compliance with City
Sign Regulations by 10/13/92.
10. Denied. Directed staff to review
Sign regulations in Beach Commercial
District.
11. Continued.
12. Ord. 15113-91 adopted as amended.
.
13. Ord. #5114-91 adopted as amended.
14. Ord. #5142-91 adopted as amended.
Public Hearing - Second Reading Ordinances
12/19/91
,
2
e,
.15. Ord. 15145-91 - Rezoning for
Loehmann1s Plaza, Lots 1 & 2. located
on NW corner of NE Coachman Rd. and
US19N (Wal-Mart 291-02)
16. (Cant. tram 12/5/91) Ord. 15153-91 -
Relating 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
t~ be rece;~ed by ~he City Clerk not
les~ than ~6 days, rather than 35
days. pri(j~" to date, of e lectioR:
providing for =rp:cial election to be
held in conjunction with regular city
election in order to submit proposed
city charter amendment to voters
17. (Cont. from 12/5/91) Ord. 15154-91 -
Relating to Administration of City,
creating Sec. 21.04 regarding
departments of City, repealing Ch. 28
re: same
18. Ord. 15155-91 - Vacating 101 drainage
and utility easement lying along 5
10' of Lot 28, 5un Tree Estates, less
Westerly 10' (Suban V91-11)
~9. Ord. 15156-91 - Vacating portion of
~ 41 utility easement lying within
Northerly 21 of Southerly 41 of
Westerly 25' of Lot 8, Blk B, Crest
Lake Sub. (McLeay V91-12)
20. Ord. 15158-91 - Relating to
elections, amending various sections
within Chs. 30, 31, 32, 34 & 35, to
conform the code to the city charter
and to applicable provisions of
Florida law: repealing Ch. 33
CITY MANAGER REPORTS
I
15. Ord. #5145-91 adopted.
16. Ord. 15153-91 adopted as amended.
.17. Ord. #5154-91 adopted.
18. Ord. 15155-91 adopted.
19. Ord. 15156-91 adopted.
20. Ord. #5158-91 adopted as amended.
CONSENT AGENDA (Items 121-37) - Approved as submitted less Is 21, 24 & 33
Agreements
21. Fourth Amendment to Paragraph 18 (b) 21. Approved.
& (e), Clearwater Ferry Service, Inc.
License and Agreement (MR)
22. Renewal of agreement with the School
Board of Pinel1as County providing
for continuation of the School
Resource Officer program at
Clearwater High School and
.... Countryside High School (PO)
~2/19/91 ' ~ 3
"
, ,
'.'
23. Renewal of agreement with the School
Board of Pine11as County ~roviding
for the joint use of faci 1ties (PR)
24. Purchase of claims services (workers'
compensation & liability) for FY
10/1/91-10/1/92 and Revocable Trust
Agreement for handling of se1f-
insurance funds with Johns Eastern
Company, Inc. (AS)
Bids & Contracts
25. Purchase of a Supervisory Control &
Data Acquisition (SCADA) System from
Fisher Control International.' Inc. t
Marshalltown, lA, for $136,637.93:
purchase through City's Master Lease
Program with AT&T Credit Corp. (GAS)
26. Contract for roof replacement at ibe
Martna Building to Southern Roofing
Co., Clearwater, FL, for $64,471 (GS)
21. Extension of elevator maintenance
contract to Control Elevator Systems,
Spring Hill, FL, for the period
2/1/92-1/31/93 for $12,000 (GS)
28. Contract from roofing repair for the
Fleet Maintenance Facility to 7-M
Construction Co, Oldsmar, FL, for
$14,485 (GS) ,
29. Purchase of a GTE Norstar Electronic
Telephone System with StarTalk for
the Library Department from GTE
. Communications Corp., Tampa, FL, for
$29,849: financing to be provided
under the City's Master Lease
Purchase A~reement with AT&T Credit
Corp. (LIB
30. Purchase equipment maintenance
services from Xerox Corp., Tampa, FL,
for the period 1/18/92-1/17/93 for an
est. $18,396 (PIO) .
31- Contract for modifications to South
Beach Pump Station 14 to Kimmins
Contracting Corp., Tampa, fL, for
$219,001 (PW) "
32. Contract for structural repairs to
the Sand Key Bridge over Clearwater
Pass to Misener Marine Construction,
Inc., Tampa, FL, for $675,235 (PW)
33. Purchase 9 diesel generators from
Rudy's Rentals for $19,224 (PW)
12/19/91 .. 4
r,......
I
.
24. Approved as amended.
.
33. Approved.
.'. '....
"
".
, .,
, . :. c
,
, ;., ~
"
,.> \
.: , ,'.
1
"
Citizens & Staff Requests
Gas installation finance program to
allow financing of residential
customer housep1ptng over a two or
three year period at no interest
(GAS)
Request of Suncoast Aviation, Inc.
(Airpark's FDO) to sublease the
~intenance hangar with associated
tie downs, office space, and common
ways 'to Suncoast Flying Services,
Inc. (PW)
(Cant. from 12/5/91) Direction
regarding using the format of the
proposed Countywide Sign Regulations
for the City.s revised sign
regulations and providing for ,
"grandfathering" of signs erected
legally since 10/13/85 which are made
nonconforming under the revised sign
regulations (PLD)
CITY ATTORNEY
Agreements, Deeds & Easements
fl7. Drainage and Utility Easement over
p'ortion of property in Sec. 18~29-16
(Trefz)
OTHER ITEMS ON CITY MANAGER REPORT
38. First Reading Ord. 15162-91 ~
approving a new schedule of phased
water & sewer rates to be effective
2/1/92 (PW)
39. Ord. #5160-91 - extending the term of
the franchise with GTE, Florida by
six months to July 1, 1992 (AS)
40. Res. 191-44 - establishing the
creation and operation of a City-Wide
Wellness Program (AS)
41. Res. 191-46 - establishing new fees
for non~residents to participate in
City recreation programs and
activities (PR)
42. Res. 191-47 - increasing the basic
rental fee for the Sailing Center
building, amending the personnel
charges, adding a cleaning deposit
and increasing the deposit for
, reserving the center (MR)
_~/19/91
_4.
35.
36.
38. Approved. Ord. 15162-91 passed 1st
reading.
39. Approved. Ord. 15160-91 passed 1st
reading.
40. Res. '91-44 adopted as amended.
41. Res. #91-46 adopted.
42. Approved. Res. #91-47 adopted.
5
43. Res. 191-48 - authorizing Finance
Director to establish bank accounts
as necessary to administer City's
Minimum Premium Group Health
Insurance Program with CIGNA and to
wire transfer funds as necessary to
Citibank to fund the program (AS)
Other Pending Matters ~ None.
f
.,.
43. Res. 191-48 adopted.
.
CITY ATTORNEY REPORTS
First Reading Ordinances
44. Ord. 15161-91 ~ Proposed Charter
Amendment relating to allowable uses
of municipal or other public property
along the bayfront area to be
submitted to voters on the 3/10/92
election
44. Ord. 15161-91 passed 1st reading as
amended.
Resolutions
45. Res. 191-41 - Urging the Florida
Legislature to support establishment
of a trust fund for the modernization
of municipal records management,
utilizing a funding mechanism similar
to that used for counties
46. Res. 191-49 - to the Florida
legislature objecting to the 1991
amendment to the law relating to the
disposition of civil penalties
received by county courts and urging
restoration of the disposition
schedule as it applied to
municipalities before 7/1/91
Other City Attorney Items - None.
City Manager Verbal Reports - None.
Other Commission Action
Adjournment - 10:25 p.m.
12/19/91
..
45. Res. 191-41 adopted.
.
46. Res. 191-49 adopted.
Berfield wished all Merry Christmas and
Happy New Year.
Garvev asked Commissioners to review
attendance of their Maas Brothers Task
Force appointees to see if they need to
appoint someone else. Wished all Happy
Holidays.
'\
6
.",
" "
,I;: '
.
CITY COMMISSION MEETING
December 19, 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, December 19, 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.
Ceci1 Henderson
James Polatty, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
Assistant 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.
1 service pin was awarded to a City employee.
ITEM #4 ~ Introductions and Awards - None.
ITEM #5 - Presentations
a) Recycling Goals were reviewed by George McKibben.
b) A reement with the Communit Service Foundation establishin the
Utilities We Care Fund AS
As many people find it difficult to pay for basic services in the event
of temporary financial emergencies, the Utilities Customer Support Office
recommends the creation of the Clearwater Utilities We Care Fund wherein
Clearwater utilities customers will be given the opportunity to donate to a
financial assistance fund. If the program is approved, a leaflet will be
included with ,the Clearwater utility bills offering three options to customers
who wish to donate.
.
CCmtg
12/19/91
1
'",
" I
.
.
.
The Community Service Foundation will administer the fund as outlined in
the Agreement. Eligible recipients will receive assistance as one payment
annually in an amount not to exceed $100.00. The City will be responsible for
collecting and forwarding funds to the foundation, publicity and conducting
inspections to assure proper operation of the fund.
The City will contribute $5,000 from miscellaneous social service agency
funding which is budgeted in the 1991/92 General Fund Non-Departmental
Department. A $5 administrative fee for each check issued to qualified
recipients by the Foundation will be charged to the We Care Fund. Other
miscellaneous expenses of approximately $1,500 necessary for the establishment
of the Fund include: an estimated $850 for the utility bill stuffers and a
$.15 per donation form or check charge for items processed by the City.s bank.
The.operation budget for the Utilities Customer Support division includes
sufficient funds for these miscellaneous costs. The Fund can be expected to
raise between $7,000 and $10,000 in its first year of operation with 800 or 2%
of the City's Utility customers participating.
Carole Greiner, Customer Support Manager, reviewed the program. In
response to a question, she indicated donations would be tax deductible. The
flyers will be sent out in the next utility bills.
Discussion ensued regarding the fees to be charged to the fund and
whether or not this needed to be stated differently in the Agreement. It was
stated the fee will only be charged when a check is issued.
Commissioner Berfield moved to approve the agreement with the Community
Service Foundation to establish and administer the Clearwater Utilities We
Care Fund and approve, for initial capitalization, a contribution to the
Utilities We Care Fund in the amount of $5,000 from the General Fund. The
motion was duly seconded and carried unanimously.
c) Turkey Trot Awards.
Steve Miller, Parks and Recreation, presented Turkey Trot T-shirts and
Award cups to the City Commission. He presented the Golden Turkey Award for
the Department with the most employees participating to the Library
Department.
d) Letters of Commendation.
Police Chief Sid Klein read and presented a letter of commendation to
Officer Wayne Spitaleri for his efforts in rescuing a man from a submerged car
on November 29, 1991.
Fire Chief Bob Davidson read and presented letters of commendation to
Fire Lieutenant John Donaldson and Fire Fighter Charles Daniels for their
efforts in rescuing a man from a submerged car on November 29, 1991.
Mayor Garvey reported City Employees donated over sixty food baskets for
the holidays.
CCrntg
12/19/91
2
.
.
.
lJEM '6 - Mjnutes of the Renular MeetinQ of November 21. 1991 and December 5.
1991 and Soecial Meeting of December 2. 199] .
Commissioner Regulski moved to approve the minutes of the regular
meeting of November 21. 1991, and December 5, 1991, and special meeting of
December 2, 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 Aaenda.
. William Sterrett thanked the Commission for the work they are doing. He
stated he was proud of Clearwater. '
Bob Clark requested an apology from the Pinellas County Courts.
PUBLIC HEARINGS
ITEM '8 - Public Hearina & First ReadinQ Ord. 65159-91 - Vacating the 10'
drainage and utility easements lying along the easterly and southerly boundary
lines of Sec. 21~29~1S, M&B 44.11 (Fairwinds Properties Inc. V91-13)(PW)
The applicant has an existing building which was built into the
easement. The City has no existing utilities within these easements. There
are no objections from City departments or the three utility companies to the
applicant's request.
Janet Reardon, ijttorney representing the applicant stated they will
grant a new easement.
Commissioner Fitzgerald moved to approve the vacation of the 10 foot
drainage and utility easements lying along the easterly and southerly portion
of M&B 44.11 within Sec. 21~29-15. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5159-91 for first reading and
read it by title only. Commissioner Nunamaker moved to pass Ordinance #5159-
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.
The applicant is seeking a variance to permit three existing attached
signs to remain after the October 13, 1992 amortization period. These signs
CCmtg
12/19/91
3
~.
. "'. . . . ,.' ,..... .. " , '. ~. " .; I '
. . .
.
are identical in area (342 sq.ft. apiece) and approving the applicant's
request would authorize a total area variance of 674 sq.ft.
The applicant, as a major tenant in a shopping center, is allowed one
business identification sign not to exceed 1.5 sq.ft./lineal feet (L.F.) of
bUilding width, with a maximum allowable size of 128 sq.ft. In addition, the
applicant is permitted up to two additional signs for additional primary
entrances, such signs not to exceed 1.5 sQ.ft./L.F. with a maximum surface
area of 112 sq.ft. The applicant does have three primary entrances on the
north, east and west sides, and ;s thus entitled to one sign of 128 sq.ft. and
two signs of 112 sq.ft., or a total surface area for the three signs of 352
sq.ft. The actual surface area of the three signs is 1,026 sq.ft., which is
674 sq.ft. over the total allowable surface I existing area.
In the applicant's request, he has cited the difficulty in maintaining
the aesthetic integrity of the three sides of his building if the signs are
removed and replaced with smaller sigr.~. The structure is brick, and the
signs have been up for over ten years. The applicant feels that the imprint
of the letters, due to weathering, will be impossible to cover and thus,
destroy the aesthetics of the structure.
The signs do not appear to be out of proportion to the structure.
However, the problem of dealing with the imprint of the letters due to
weathering is one which has been successfully handled by this shopping center
and others in cases of tenant changes. Therefore, staff does not recognize
~ this argument as a legitimate hardship.
The Gayfers store is setback a considerable distance (350 ft.) from the
existing right-of-way (S.R.60). Staff developed a table which establishes a
relationship between building setback and attached sign area for major tenants
in shopping centers. Using this table, the Gayfers sign facing S.R.60 could
be approved. However, staff cannot recommend variance approval for the signs
which face east and west since these signs are primarily for identifying the
store once traffic is on the site.
e.
Ronny Pugh, representing the applicant, stated the signs have existed
since 1973, are in proportion with the building and are of subdued colors. He
also stated the wall would be difficult to repair if the signs have to be
removed.
, Discussion ensued regarding whether or not all three signs should be
allowed to remain with some feeling being expressed that the east and west
signs do not cause difficulty as they are seen only from on site.
. Concerns were also expressed that there would be difficulties if the
imprints of the current lettering could not be removed. It was stated that
signs have been removp1 from other mall buildings at this site, as well as
others, and there has been no difficulty with imprinting. It was cautioned
that if the imprint argument is considered viable, there will be many more
requests of this nature.
CCmtg
12/19/91
4
.
.
.
Mr. Pugh suggested the North sign be allowed to remain as well as the
West sign. He is concerned people entering the mall parking lot from the
North would not be able to see the Gayfers sign.
Commissioner Regulski moved to approve the variance for all three signs
based on the 300 foot and 800 foot setbacks being unique. There was no second
to this motion.
Commissioner Berfield moved to approve a variance of 214 square feet
surface area for the north~facing business identification sign to permit
continuation of same after October 13, 1992, subject to: 1) The variance
applies only to the north-facing business identification sign (facing S.R.60);
and 2) All other signs on the business shall be brought into compliance with
City Sign Regulations by October 13, 1992. The motion was duly seconded and
carried unanimously.
ITEM #10 - Variances to the Sian Reaulations for property (Daffodil Boutiaue)
located at 700 S. Gulfview Blvd., Bayside Sub. No.6, Unit Bf Blk E, lot 13
together with 15' var.ated road on south and Bayside Shores, Blk C, Lots 11 &
12 (Best SV91-23)(PLO)
The applicant has an existing 19 foot 8 inch high business
identification pole sign located at 700 South Gulfview Boulevard at the south
end of Clearwater Beach. The sign panel was destroyed by the April 25th
storm. The applicant is proposing to alter this non-conforming sign to bring
it into conformity with CR 28 Zoning Oistrict Regulations. The applicant's
property is in a CB (Beach Commercial) District and is permitted one business
identification sign but pole signs are prohibited. The applicant states she
will remove the existing attached sign as a condition of variance approval;
this sign is mounted on a mansard roof/wall and ;s regarded as a conforming
wall sign. She intends to reduce the height of the pole sign to 16 feet 2 1/3
inches with a surface area of 56 square feet.
The applicant contends her property is not visible to tourists coming
from Sand Key because of the curvature of the road from Sand Key Bridge. She
also contends the same is true with people approaching her business premises
from the west. She further asserts that on the opposite sides of both
Gulfview and Bayway Boulevard properties have pole signs to attract business.
Businesses on the opposite sides of the road are hotels and motels, and are
within the area zoned CR 28 (Commercial Resort) District which allows pole
signs with a 56 sq.ft. surface area. .
Staff is recommending denial of this request as there ;s nothing unique
about the property that distinguishes it from surrounding CB zoned properties.
The property is in close proximity to another zoning district (CR 28) which
has less stringent signage requirements, but this is a relatively common
occurrence throughout the City. Should the Commission decide to grant the
request, staff suggests the following conditions be met: 1) The applicant
shall obtain the requisite sign permit within six months of the date of this
public hearing; 2) The only business/property identification signage allowed
for this property shall be the freestanding sign provided for in condition 3
CCmtg
12/19/91
5
~~:~ .~i:~ \'
.
.
..
below; all wall signs shall be removed prior to the issuance of a certificate
of compliance for the freestanding sign; and 3) The proposed freestanding sign
shall be a 9round sign limited to 6 feet in height and 24 square feet in area.
Should the Commission decide to grant this request they may wish to
direct staff to revise the code to permit ground signs (or other freestanding
signs) in the Beach Commercial district when properties are setback from
street rights-of-way.
..
Scott Shuford, Planning Manager, indicated businesses on the opposite
side of the street do have the ability to erect pole signs. He stated however
they are recommending denial as there is nothing unique about this beach
commercial property. In response to a question he did indicate this property
did have more setback than others in the area.
Dwayne Best, representing his wife who owns the boutique, distributed
pictures of the property. He stated the pole sign is 20 feet from the road
and is designed to be compatible with the building. He stated this is not a
typical beach commercial property as it only has fifteen percent lot coverage.
They are requesting the same signage as would be allowed across the street in
a CR-28 lone.
Discussion ensued regarding the need for the pole sign with it being
indicated that the existing sign on the building is more visible than the pole
sign would be. Staff recommends that if the pole sign is allowed, the
attached sign be removed.
Discussion ensued regarding whether or not the Commission wished to
consider changes in the signs permitted in the beach commercial zone.
Commissioner Nunamaker moved to continue this item until staff brings
forward further information regarding signs in the beach commercial zone. The
motion was duly seconded.
Discussion ensued regarding what information the Commission was
requesting from staff.
Commissioner Nunamaker withdrew his motion. The seconder withdrew the
second.
Commissioner Regulski moved to deny the variance but to instruct staff
to investigate and study beach commercial signs. The motion was duly,
seconded.
Discussion ensued regarding the impact on the current applicant and what
timeframe was being requested for consideration of these signs. It was
indicated staff intends to bring forward a number of changes to the sign code
in the spring. Consensus of the Commission was for this to corne back as a
separate item prior to the other sign code changes.
CCmtg
12/19/91
\
6
':,. .... ."'" 'I: ..'.' .. '", ;
.
.
.
A suggestion was made that the variance be continued rather than denied.
Commissioner Regulski did not wish to change his motion.
Upon the vote being taken upon the motion. the vote waSt Commissioners
Regulski and Fitzgerald and Mayor Garvey voted UAye", Commissioners Nunamaker
and Berfield voted "Nay". Motion carried.
It was stated staff would come back at the January 16, 1992 meeting with
requests for direction regarding signage in the Beach Commercial zoning.
ITEM #11 .~ (Cant. from 12/5/91) Declare properties surolus for the purpose of
deeding the 1and and grantinQ easements to FDOT for the widening of S.R. 580
(PW) To be Cont.
Documents from the Florida Department of Transportation regarding
payment for utility relocation have not been received.
Commissioner Berfield moved to continue this item. The motion was duly
seconded and carried unanimously.
The Commission approved the modification of the Development Order
(Ordinance #5142-91) on first reading at its November 4, 1991 special meeting.
The rezoning and Land Use Plan Amendment ordinances passed first reading at
the August 15, 1991 meeting. All three ordinances are to be amended on second
reading.
There are two separate but related actions required to permit
industrial/research and development land uses in the Park Place DRIt 1)
approving a change to the development order as part of the Notice of Proposed
Change hearing to allow: a) the substitution of 200,000 sg.ft. of industrial
development for 300,000 sq.ft. of office development and b) the extension of
the buildNout date for the project from 1991 until 1996; and 2) amending the
zoning and land use classification for the property.
The Commission, by its action on November 4, 1991, agreed that the
proposed changes do not constitute a substantial deviation from the original
DRI since: a) Service impacts are lessened from the original level of
development allowed under the original DRI approval; and b) The applicant has
demonstrated reasonable progress, given market conditions, in proceeding with
the continued development of the site. The Planning and Zoning Board has
accepted staff1s determination that no substantial deviation is created by the
proposed changes.
The applicant has submitted a Notification of Proposed Change to a
previously approved DRI. Florida Statutes require that this submit~al be made
CCmtg
12/19/91
7
.
.
.
to the local government, the regional planning council, and the state land
planning agency for review to determine if the change will create a
substantial deviation to the original development order.
The original development order for Park Place permitted a project with a
ma~imum floor area of 1,253,000 sq.ft. to be developed in three phases, with
bUlld-out in 1991. The applicant now proposes to develop the subject site
with retail, office and industrial uses. The applicant also proposes to
change from three phases to one phase, Phase A, with an extension of buildwout
date from 1991 to 1996.
The only infrastructure/service issue of concern for this development is
traffic generation. Other services, including fire protection, solid waste
disposal, and water/sewer services are judged adequate for this site. 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 because the traffic generation potential of
industrial uses is less, on a per square foot basis, than office uses. The
applicant has submitted a traffic analysis that supports this claim. The
Planning and Development Department staff generally concur with the applicant
in this assessment and feel that this component of the proposed change does
not represent a substantial deviation.
Regarding build-out date, staff feels reasonable progress has been made
toward completion of the original development order. If the buildwout date is
extended, there would be some implications for the off~site improvements
required by the original development order. Certain road improvements have
been completed and others are in construction. The applicant proposes to pay
to the City the total amount required for Phases II and III, together with
interest as required in the development order within 180 days after the
effective date of the amendments to the development order.
James Polatty, Planning and Development Director, indicated that
basically the change ;n the ORI replaces office development with industrial
development. He reported representatives of Metropolitan Life are requesting
a continuance to negotiate a few remaining items between the parties. He also
reported that on Oecember 18, 1991, additional changes had been submitted as a
result of negotiations between the applicant and the Regional Development
staff. The December 18th memorandum includes all the changes that were
contained in a December 13th memo as well.
Timothy Johnson, attorney representing the applicant, stated they would
request that the land use plan amendment ordinance be changed to have an
effective date the same as the development order.
Gordon Schiff, attorney representing Metropolitan Life, stated that
although the land use plan and zoning ordinances do not touch on the major
issue, they are requesting a continuance on all matters. He stated if the
hearing goes forward tonight they will be placed in the uncomfortable position
of objecting to the change. He stated he feels the differences of opinion are
a matter of clarification that can be worked out within the next two weeks.
CCmtg
12/19/91
8
.
.
.
In response to a question, he indicated Metropolitan Life owns 34 acres of the
DRI and while they are not opposing the application, they do feel the
development order needs some clarification.
Timothy Johnson stated this matter has been set for six months and it is
important that these items be completed prior to the end of the year. He
stated there is a 45 day period following passage of the ordinance in which
there is an ability for parties to appeal.
Discussion ensued regarding the conflict and what actions to take. It
was stated the major issue was the development order and it was preferred to
conclude action on the land use plan and zoning ordinances prior to discussing
the development order. It was stated the land use plan amendment and zoning
would not go into effect until the DRI ordinance becomes effective.
ITEM '12 - Second R9adinq Ord. #5113-91 - land Use Plan Amendment to
Industrial for a portion of Phase II and all of Phase III of Park Place DRl,
located between Drew St. and Gulf-to-Bay Blvd., and between US19 and Hampton
Rd. (Building Operation Holding Co., LUP91-04)
Commissioner Regulski moved to amend Ordinance #5113-91 as follows: 1)
In the next to the last line in the title, delete "ANO COMMERCIAL/TOURIST
FACILITIES."; 2) In Section 1, delete:
Property
See Exhibit A attached hereto.
(LUP 91-04)
Land Use Category
From: Residential/Office - Parcel A
Commercial/Tourist Facilities - Parcel B
To: Industrial - Parcels A and B
and substitute:
Property
Land Use Category
From: Residential/Office
To: Industrial,
See Exhibit A attached hereto.
(LUP 91-04)
3) Substitute revised Exhibit A: 4) Substitute the r~vised location map; and
5) to change the effective date in Section 3 so that,the ordinance is to
become effective as of the effective date of Ordinan:e #5142-91. The motion
was duly seconded and carried unanimously. '
The City Attorney presented Ordinance #5113-91 as amended for second
reading and read it by title only. Commissioner Regulski moved to pass and
adopt Ordinance 15113-91 as amended on second and final reading. The motion
was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CCmtg
12/19/91
,"
I
9
.
Prooerty
See Exhibit A attached hereto.
(Z 91-01)
Land Use Cateaor~
From: General Office (OG) - Parcel A
Commercial Center (Ce) - Parcel B
To: Research, Development and Office
Park (RD) - Parcels A and B
and substitute:
.
Land Use Cateaor~
From: General Office (06)
To: Research, Development and Office
Park (RD);
3) Substitute revised Exhibit A; 4) Substitute the revised location map; and
5) to change the effective date in Section 4 for the ordinance to be effective
as of the effective date of Ordinance #5142-91. The motion was duly seconded
and carried unanimously.
See Exhibit A attached hereto.
(Z 91-01)
Property
The City Attorney presented Ordinance #5114-91 as amended for second
reading and read it by title only. Commissioner Nunamaker moved to pass and
adopt Ordinance #5114-91 as amended on second and final reading. The motion
was duly seconded. Upon roll call, the vote was:
"Ayes": Regulskit Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #14 - Second Read1nq Ord. #5142-91 - Relating to Park Place. amendina
Ord. #3205-83. the development order for Park Place. as amended bv Ord~ #3287-
~; providing findings of fact and conclusions of law; providing for
amendments to conceptual plan and phasing of the development; determining the
amendments are not a "substantial deviationll from the approved development
order: determining the amendments are consistent with the comprehensive plan
of the city
James Polatty, Planning and Development Director, indicated that the
major change is to move additional square footage into Phase I for the Storz
development. He stated that the Storz company will construct part of the
internal road and the rest of that road will be constructed at a later date.
.
CCmtg
, 12/19/91
10
~ ,," '.
':.~. ~.' ':-' ~
:"~ ... l . :: I .
'.:":,'",'::,;),,:,,,':.,...:.':l..~..'.~,..:':.";!'."',:'.tj,:..,':.,~:..':.~' ,';,,,;::';:"':', <;' ;"',:, ':: ',",:', ",' , ' " " ,.,,, ' ",' ,'. ',' " >',
. ',..>,.' .' '", , .'; ., ,.,;",.,; d'~",'~>':;'}':.'.';':;.,:,.,,-,:,';:~)jn':.:;::1)~3:'t.i-~.:.,..:.:.'...'.:,.:.','.'.,:....'.',.;'.:'.,.i~,.;.::'~.J:~':""i'i~:>:;:;.,: :'.,',
.... ,; '. ,,'" ::'_.... ..,. :';....... '. '. ",'.>h.'.:";/
J,. ,. .:,"..;;.. ..:...,'. '."..... ......
'" . . .. . .. . .\, T 1 : . I ."1 ~f. ,'..,.. / . ~:. '.:
, '" ' " ' , ' "" ,,' ',C;,,' ,'" · " ;""," ,;
. .,'.. ., '.'" {'.
i, ~ :', :,:.":-'\.'. .
.-I;\!,._
""l " . ;, , ~: ';..... ,. . .',
, ':,' "~\; ;;i,;:?,~'1:~;;;:};,:r '
, '" i/~~:;:l:\';<t3:,:':':' ::':
.. . '.' :,'.'.' :,.....' ~."" '. .' '. .......
. :," .~. :': :::~ :~. ,..:,
: :"'. . ~...'
. '~ '" ;. '. Ii' .'~
.... -,
;::.:\::-:;;.~/;'i.~
..:;:';:~\:}
l/.~:':.I,:.:~~..: ,'It
-t"' ...."
'.' ,.~,' " ~ . ",
. ." .
. . . ~, .." f.
:. :.'; >~.~ .
'\ '
~ ~ \
.
. , ~
. J
I'
"
"
.' .
I...
, It',
, ~ > . ;'J ,:
;.:' !" t:i
~:';'~/;':":t;
, . ~ ,'" ~
':'~: :-.~r"'.
! r: '.' t~.
. . / I
.: ~~~(:y "
" .
,:
I :.;" .".~ i,,1./'
~ . '..:~H" ~
'?\,~;:",;.
o.
~-
. ~,
~,>': ::1'J
; , ~ i "
~~~.~.;~l:)c
1 II~' .( '~1
;;.:.:':,',.\:
t ~' ... ."" ~: '
>" '..' '
"f' J. .
,. .
". If. ~.', \
</~: ,;,~; ;:'
:xP'iX'(
;~i~:'~ ~v~~
'::.' \~. 'Ii ~
:}::;/~.:.::;
~:~\:)~/. ;
~,~ \~':",:
. "
Timothy Johnson, attorney representing the applicant, stated the revised
site plan clarifies that the access road will continue through the project.
He reviewed the amendments proposed to the ordinance.
In response to a question regarding the 480,000 square feet of office,
Mr. Johnson indicated that 120,560 of the office is the existing Metropolitan
Life development. An additional 120,000 square feet is allocated to
Metropolitan Life and the balance is owned by Building Operation Holding
Company and American Cyanamid.
In response to another question, Mr. Johnson indicated that of the
150,000 square feet of retail, 55,278 is already constructed being the Key
West Grill and again, holdings of Metropolitan Life. 95,000 square feet are
owned by Metropolitan Life and Building Operation Holding Company. He
reported that in the development order regarding payments for improvements
that Building Operation Holding Company will pay for those improvements. He
stated Metropolitan Life has met all the conditions that have been imposed
upon them.
Gordon Schiff, attorney representing Metropolitan Life, stated that
under the old Phase I, Metropolitan Life had a proportionate payment which has
been fully paid. Their concern is for potential additional payment
requirements for Metropolitan Life, which would not be fair, as they have met
their obligations.
In response to a question, Mr. Johnson indicated the Tampa Bay Regional
Planning Council staff has agreed to the five year extension.
Extensive discussion ensued regarding requirements to be placed upon
future developments and what requirements would be made of Metropolitan Life.
Mr. Johnson indicated that should Metropolitan Life come in for development an
their own, they would be subject to certain obligations. He stated that all
payments required by this amendment will be made by the applicants or building
permits will not be issued.
Mr. Johnson reviewed the payments and/or improvements that will be
required stating that all these requirements will be met. He further stated
they would agree to make all payments necessary within ten days after the
effective date of the ordinance.
Mr. Schiff indicated that Metropolitan Life has a separate interest from
the applicant and they have no objections to the changes as long as
Metropolitan Life has no potential for additional payments or requirements.
He requested that Metropolitan Life's remaining development rights be
addressed and recognition that Metropolitan Life has fully mitigated its
obligations. He indicated the only time the remainder of the internal road
would be paved was if Metropolitan Life constructed something that
necessitated access and they would pay for that portion for the Metropolitan
Life property.
.
(-
.
.
CCmtg
12/19/91
11
i '..,l
,..j~::<~,'.~.~.\~~ '1..... oj !~. .' ,~,."j c..
,::)'J';",,::;;C,;~\:,,>,:;::>o... " .
,,>~;, 'l',.: ~,!.
~, \'
.,..
1'-,,:.-
d.~~<:\
. ' ..l: ~' >, '. ."'1' ~~.. \ ~
'. ~j;~~~r, .
. 'j,
. . 't ~
.J. .
.....
...,
. ~ . .
p'
. .'
d.
.,~
f""
, ,
. .,"~
" . ~
"I
. ,. IJ '. ...
." .. .'.. .:., :<. :'.:' }', ,'~
,I- ~:r' ~.F ~ ::.~::.;~': </.;...~...,:
.j \-: '11; ~\.. ':~ " : ". c c ,., '1,
\\ .'''' to,
,
. I ....1
" '.:.
','
. .t~.
" . ~~. .}"
n,' ~
. .' ~ ~
.f....
..
,.';,"'<:
.,' ~
\.
,
,.
~ .
,
..' .
~ .',';"., ".'t,);>,'.
..r~':-~:>:;::::';i;::;:;::,~ 'i;::
,.j.
..
. : 'Il
.
Discussion ensued regarding the need to complete the internal road and
further development potential.
In response to a question, Mr. Johnson indicated that Metropolitan Life
is not requesting deletion from the DRI, merely clarification.
Discussion ensued regarding the need to address these concerns. It was
the consensus of the Commission that this was an internal matter to be settled
between Metropolitan Life and Building Operation Holding Company and any other
owners involved in the DRI.
Commissioner Nunamaker moved to amend Ordinance 15142-91 as follows:
.
1. On page 1, in the third "whereas" clause, insert "August 19" in the
blank space. Also, delete the phrase, "from three phases, as approved, to one
phase," and delete the phrase, "to provide a timetable based upon increases in
P.M. peak hour traffic instead of time."
2. On page 1, in the fourth "whereas" clause, insert "December 19" in the
blank space.
3. On page 2, amend Subsection B.l of Section 2 to read:
1. Revising the Conceptual Plan for Park Place to provide
for 200,000 square feet of floor area for industrial use and a
reduction of the approved floor area for office use by 300,000
square feet to 803,000 square feet;
3A. On page 2, Amend Subsection B.3 of Section 2 to read:
3. Amending the phasing of the development;
4. On page 2, amend Subsection 8.4 of Section 2 to read:
4.
phasing;
5. On page 2, in Subsection 8.5 of Section 2, insert "90" in the blank
space, and delete the last "and."
~mending all Development Order conditions based on
6. On page 2, in Subsection B of Section 2, insert a new paragraph 6 to
read as follows, and renumber paragraph 6 as 7:
6. Eliminating the requirement for a.transportation
management plan; and
6A. On page 2, amend Subsection C of Section 2 to read:
C. A comprehensive review of the impacts generated by the
proposed amendments, together with all previous amendments, has
been conducted by the City.s departments, the Tampa Bay Regional
.
CCmtg
12/19/91
12
~
,
I.~?
68.
Planning Council ("TBRPCn) and the Department of Community
Affairs, State of Florida ("DCAn).
On pages 2-3, amend Subsection D of Section 2 to read:
D. The proposed amendments, together with all previous
amendments, do not increase the external traffic impact of the
development, nor do they create additional impacts on other public
facilities, including water, wastewater, drainage, solid waste,
recreation and mass transit, from the original projections set
forth in the Amended Application for Development Approval.
6C. On page 3, amend Subsection C of Section 3 to read:
.
C. The proposed amendments, together with all previous
amendments, do not create a reasonable likelihood of additional
impact, or any type of regional impact not previously reviewed by
the regional planning agency, over those treated under the
Development Order. The proposed amendments, therefore, do not
constitute a "substantial deviation" from the Park Place
Development Order, pursuant to Chapter 380.06, Florida Statutes.
6D. On page 3, deleto Subsection F of Section 3, and reletter the subsequent
subsections. (Note: Subsection F states, liThe proposed amendments are
consistent with the report and recommendations of the TBRPC.")
. 7. On page 4, in Subsection D of Section 4, insert the following at the end
of the subsection [* footnotes added]:
Phase A shall be divided into three subphases as
f 011 ows :
Subohase Maximum Floor Area In Square Feet
Reta; 1
Conunerci a 1 Office Industrial Total
Al 150,000* 480,000** 200,DOO 830,000
A2 198,000 198,000
A3 125,000 125,000
Total 150,000 803,000 200,000 1,153,000
*Includes 55,278 square feet existing as of 12-19-91.
**Includes 120,560 square feet existing as of 12-19-91.
8. On page 4, following Subsection D of Section 4, delete Subsection E and
insert new Subsections E, F, G, Hand L to read as follows, and amend and
redesignate the remaining subsections as follows:
E. Section 4.D. of the Development Order is amended to
read as follows:
.
CCmtg
12/19/91
13
.
The Developer agrees to acquire land. or to pay the City for
land required to be acquired by the City, to provide ingress and
egress to the west of the Project. Specifically, access to the
west shall interconnect with the existing easement at the north
end of M&Bs 19-1, 20, 20-1 and 20~lA (Bennigan's, Chi Chi's and
Perkins) to the u.s. 19 frontage road and through the Bennigan1s
site to the existing traffic light at State Road 60. Said ingress
and egress shall be secured by fee simple acquisition,
right-of-way easement, or other appropriate mechanism by either
the Developer or the City. The cost of constructing such
connection to the adjoining property to the west, in addition to
any other contributions for on-site or off-site road improvements,
will be the responsibility of the Developer according to a
schedule to be established with the preliminary site plan approval
of Subphase Ai. [This access has been acquired and constructed.]
F. Section 4.E. of the Development Order is amended to
read as follows:
Prior to the approval of the initial final site plan for
Subphase A1, funding commitments for construction from the
governmental entities responsible for construction of the
following transportation improvements shall be made or, in the
alternative, the Developer shall assume the financial
responsibility for its proportionate share of the cost of
construction of the transportation improvements.
[Substantial revision; see Ordinance 3287-83 for present text:]
1. At the U.S. 19/Drew Street intersection construct a
grade-separated interchange. This improvement has been committed
to in the current Florida Department of Transportation Adopted
Five-Year Work Program and is scheduled for Fiscal Year '95/196.
In lieu of the funding commitment or the proportionate share of
the construction cost. the following commitments may be made:
a. Extend Druid Road between Belcher Road and Edenville
Road. The completion of this improvement will provide a parallel
reliever access for State Road 60 and Drew Street. [This
improvement has been completed.]
b. Extend and widen Drew Street as a four-lane divided
link (four through lanes and turn lanes as are appropriate)
between u.S. 19 and McMullen-Booth Road. [This improvement has
been completed.]
c. Prior to the issuance of the first certificate of
occupancy after the development generates 525 p.m. peak hour net
external vehicle trips, the Developer shall provide up to $125,000
to the Florida Department of Transportation for the construction
plans of the U.S. 19/Drew Street grade-separated interchange. [As
.
.
CCmtg
12/19/91
14
.
of 12-19M91, the development generates 296 p.m. peak hour net
external vehicle trips.] These funds shall be provided in order
to obtain a commitment for the construction of the U.S. 19/Drew
Street gradeMseparated interchange during Subphase A2.
2. Construct access points to Park Place on Hampton Road
as needed. Exclusive turn lanes and a traffic signal(s) may be
needed. The cost of these improvements shall be the sole
responsibility of the Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improvements and the
City shall assume the responsibility for constructing these
improvements.
3. At the S.R. GO/Clearwater Mall Drive II intersection
construct two eastbound to northbound exclusive left turn lanes.
The cost of these improvements shall be the sole responsibility of
the Developer. Pursuant to subsection 4.Z., the Developer shall
pay the total cost of these improvements and the City sha11 assume
the responsibility for constructing th~se improvements. [This
improvement has been completed.}
4. Install or renovate, as appropriate, traffic signals
at the south project entrance and S.R. 60 and at Hampton Road and
S.R. 60. The cost of these improvements shall be the sole
responsibility of the Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improvements a~d the
City shall assume the responsibility for constructing these
improvements. [This improvement has been completed.]
5. Construct an exclusive left turn lane on S.R. 60
approach and an additional through lane in each direction on S.R.
60 at its intersection with Hampton Road. The cost of these
improvements shall be the sole responsibility of the Developer.
Pursuant to subsection 4.Z., the Developer shall pay the total
cost of these improvements and the City shall assume the
responsibility for constructing these improvements. [These
improvements are under construction.]
6. Construct additional lanes on State Road 60 from U.S.
19 to McMullen-Booth Road. [This improvement is under
construction.]
7. At the Belcher Road/S.R. 60 intersection, construct an
additional through lane and additional exclusive left and right
turn lanes on all approaches. The through lanes shall be
continued to the next intersection or some logical terminus in
accordance with proper design practice. Pursuant to subsection'
4.Z., the Developer shall pay its proportionate share of the cost
for construction of these improvements.
.
.
CCmtg
12/19/91
15
j. ..
.' I
.
8. At the U.S. 19/5.R. 60 intersection, construct an
eastbound to southbound exclusive fight turn lane and in the
westbound direction construct one additional exclusive left turn
lane. Pursuant to subsection 4.Z., the Developer shall pay its
proportionate share of the cost for construction of this
improvement.
9. Improve Drew Street to a four-lane divided arterial
from U.S. 19 to N.E. Coachman Road, and add turn lanes at all
signalized intersections in between. This improvement is
committed to in the Metropolitan Planning Organization
Transportation Improvement Program as being constructed in Fiscal
Year 1992-93.
.
G. Section 4.F. of the Development Order is amended to
read as follows:
Prior to the approval of the initial final site plan for
Subphase A2, funding commitments for construction from the
governmental entities responsible for construction of the
following transportation improvements shall be made or, in the
alternative, the Developer shall assume the financial
responsibility for its proportionate share of the construction of
the transportation improvements:
[Substantial revision, see Ordinance 3287~83 for present text:]
At the U.s. 19/N.E. Coachman Road (State Road 590)
intersection construct a grade separated interchange, provided,
however, such facility shall not remain a condition of approval if
TBRPC's transportation policies are amended or the Developer, at
the initiation of Subphase A2, agrees to prepare and submit
traffic condition information documenting that the improvements
are no longer necessary to mitigate regional impacts.
H. Section 4.G. of the Development Order is amended to
read as follows:
Prior to the approval of the initial final site plan for
Subphase A3, funding commitments for construction from the
governmental entities responsible for construction of the
following transportation improvements shall be made or, in the
alternative, the Developer shall assume the financial
responsibility for its proportionate share of the cost of
construction of the transportation improvements.
[Substantial revision; see Ordinance 3287-83 for present text:]
1. Construct additional access to Park Place on Hampton
Road .as needed. Exclusive turn lanes and a traffic signal(s) may
be needed. The cost of these improvements shall be the sole
.
CCmtg
12/19/91
16
, \ .I:~.~
. ,'l'
'.
.
,',
.
responsibility of the Developer. Pursuant to subsection 4.Z., the
D~veloper shall pay the total cost of these improvements and the
~lty shall assume the responsibility for constructing these
, lmprOVements.
2. Install and/or relocate additional traffic signals in
the project area at Orew Street and the north project entrance,
Drew Street and Hampton Road, the two south project entrances and
State Road 60, and State Road 60 and Hampton Road. These
improvements are to be made in phases as is appropriate, but in
their entirety by Subphase A3. The cost of these improvements
shall be the sole responsibility of the Developer. Pursuant to
subsection 4.Z., the Developer shall pay the total cost of these
improvements and the City shall assume the responsibility for
constructing these improvements. [These improvements are
completed except for Drew Street and the north project entrance,
and Drew Street and Hampton Road.]
3. Expand Hampton Road to a two-lane divided link (two
through lanes with turning lanes as appropriate) from State Road
60 to Drew Street in phases related to points'of access on Hampton
Road, but in its entirety by Subphase A3. The cost of this
improvement shall be the sole responsibility of the Developer.
Pursuant to subsection 4.Z., the Developer shall pay the total
cost of these improvements and the City shall assume the
responsibility of constructing the improvement. This improvement
is scheduled by the City of Clearwater for its '92/'93 Fiscal
Year.
4. At the U.S. 19/5unset Point Road intersection
construct a grade separated interchange, provided, however, such
facility shall not remain a condition of approval if TBRPC's
transportation policies are amended or the Developer, at the
initiation of Subphase A3 agrees to prepare and submit traffic
condition information documenting that the improvements are no
longer necessary to mitigate regional impacts.
* * * * *
9.
L. Section 4.1. is hereby repealed.
Amend the former Subsection F, now Subsection I, to read:
I. Not later than ninety days after the effective date of
this ordinance, Developer shall pay to the City the sum of
$383,393.00, 'together with interest at the rate of ten percent per
annum from December 8, 1983. This payment, together with the
previous transportation mitigation payment made pursuant to the
Development Order, is in full satisfaction of Developer's
obligations under Sections 4.E.2 through 4.E.5, 4.E.7, 4.E.8,
4.G.1 through 4.G.3, and 4.Z of the Development Order as amended
by this ordinance. '
CCmtg
12/19/91
17
" ,
: .
" .'f,'
" ~, .,'
. ": ~". .... '
. " I ~'t.
.~'~"~'~:":: ~".~
" :'. ".
'.
.'!. ;',J .
" .': ,'."
'\ <\,
"J.' ~.~ ,
'. +....f .<'.
, '
I,", ::. '"
'.,1
''''',
,
'.'G
, ,
, ~-~;'..?
J ~: l> ....,.
: ~: ':, I,'f
,-!.. t,
," I"~
l~'" ~ i
,i::,
I,
, ),
.. /"
':,'
, .. .-;" .~'~f J
...' ' ~./ ~'
. ~ . .
. ',.
"
.
, "
:; ;t: ,~~,';:';:~.
. :'
"
, "
'1.~ ' r"l
,";t-,
, '0
L?' ~ '
~.. .;. '.
,,'
"I..;. ~
f ~;I~' ...
.., c/o
, , , ":{
. ,
+~~:7'
" '
'::~:~;;;;
<; ~. :;.."
I....., ."
.";~'+ .:"(.(
. .~ .. .....,.'
I ~ J. ~ "
.
,
'I'
: '~
,~, - "'.
r'"
.,
.;"....,.
......1
9A.
Amend the former Subsection G, now Subsection J, to read:
J. The build-out year is hereby extended by five (5)
years through 1996. This results in an extension of the build-out
of Phase I by 11 years, from 1985 to 1996: an extension of the
build-out of Phase II by 8 years, from 1988 to 1996: and an
extension of the build-out of Phase III by 5 years, from 1991 to
1996. '
9B. Delete the former Subsection H, now Subsection K, and reletter
subsequent subsections.
9C. Amend the former Subsection I, now Subsection L (relettered from M as a
result of the preceding amendment), to read:
L. The amendments stated herein, together with all
previous amendments, do not constitute a substantial deviation,
pursuant to Chapter 380.06, Florida Statutes.
10. Amend Section 5, the effective date section, to read:
Section 5. Effective Date. This ordinance shall take effect 45 days
after copies have been transmitted to the Tampa Bay Regional Planning Council
and the Florida Department of Community Affairs, unless this ordinance is
appealed. in which event this ordinance shall not take effect until such
appeal has been decided.
The motion was duly seconded. Upon the vote being taken; Commissioners
Regulski. Nunamaker and Fitzgerald and Mayor Garvey voted "Aye", Commissioner
Berfield voted "Nayu. Motion c:arried.
The City Attorney presented Ordinance 15142-91 as amended for second
reading and read it by title only. Commissioner Nunamaker moved to pass and
adopt Ordinance 15142-91 as amended on second and final reading. The motion
was duly seconded. Upon roll call, the vote was:
"Ayes": R~gulski, Nunamaker, Fitzgerald and Garvey.
IINaystl: Berfield.
Motion carried.
Public Hearing - Second Reading Ordinances
James Polatty, Planning and Development Director, indicated that one of
the conditions for approval of this rezoning and site plan was a cross-access
'\
CCmtg
12/19/91
18
.',~:, . k
;','; \'.f",\ ~ '
" I . ~ / ." .' I " . ' t. :) . \
':',:' ., ". ":;',, ". ' 1':'<';>-"
',', ". ',,: ;', ,,',.::',/, ',":,,',';:,l: :,:"),;,.",,,::::,,":':,:o':',',',:,,:,',;::.,~,~:~\':::':':'~"~,.:~:.',.,,:,./ '"
'~':'::":,\,,:.:~,':>'::>:" " 'i' ,,', ,"
, .',:." . . . i ",.., ~;-...~.. .",... :." J
. ; :.... :<, :. 't. :)l / I ',' 'j~ '.--::
.Ct. ". ",'
I : ~ '.'
~ I'
.:-
"
"
. . i...., .... . l ~, '
, ~. , .
1\ ... +:..".
'" \ :'~';:,;;",',\' :,:, ",'~ ':;'
. " ~ ~ ...
:',' ':'':..:+:\~} '", , .,'
'.. r"~"\ : ~
., ":>
: h.;, "
. I' ,\~
.:~ I'
'.
" " J, . " \' .,. f l ... " i ': ~ c. ',' I' \ . '.' , :' i: ' ,
" " .'" , "", \~; "::;":';',")',<:.:'::: ", .f'"" ,~ " '0 "" '" ',,:::,,>"'::'"
~ " . , ; , :;~', :~! :,:;,' ~~."/';~":"":"',,:"~~: ,'::~, ',:1 ;,,:,', ;:.":~'::::', ',,4"
"~':'; " '> . . ,"'/:::?i<,:,;:::,,';Y'/:JiJ::: ' " ;.,',
'. ':.j....:Jt.... ","., J n' ~.. , ~'".~",,~, '
).::, ' ".~:"",:\'.".:~,,:.:>: .'1,'''.':. ',', "
'; ,':',:,~." .'(,' ::'::",~'~,,;),t...',\,:~, ,
" ." ':, .,~" ~t . .
'" ." ):;
.. ~ \, "' r':
'," II
, "'.
""::~6c;~;;,t\"~: '-;"
+ \ . . :.
'::. 'j J I : I} ;, ':.1 t L . 1
II 'c:" ;
r ...., '1
'.::," ';'
. . ~." ::/~~:
~::" "\~"7'
"", (
',.;
J1~
~ :;
.'.:
"
I;i><',;';'., ,
I","
" -. :;:"~.':..>:/~i/ ::, ". ". ,:~.ic'~'"
:i:':;;r},iiC/(>,~~;f.;~':;,>:~,,':'
.
,. ','
.,', "
.'1
~Z) "
" ,
II
"
j. . '...... ".', ~ " .'..
. P, . . ',."" I ','. .' ;.
".'~ ',,:';:, ",:; ',::~(,t~,:,i::tf;,~,'N::"(:~~:::'::,, ; I,. ' ,
t.' '..
"
'I
,j ",',
,
"
.1,'
,
,. ,
.l.
.: . : .': c ',: ~.: ~" I I
.' +'".
~ '.' "
J
~ :Cl:.~:,',',.~{,':'~~"'. .....
- .' : : ;.:. ,,:~'.
'. ,.
".:\ ;~~: >, i~".:'l:'~ c:~.\.,
, '
, ..
. ~ ,,"
"1
T'. ,I
, "
I ~! ,~
" ~ '1:'
"
'. ~,.
, "
'. '
r\
I,
','
,~,' .'"
", .c _,. . ~Ll
"
I" .
~ i i.l,~
".~ "~.( ~
p . ~ ~''1' !~.: ."
"
I
"
~
~ I ,,'. .~
.< ,
.
.
.
easement for Lot 4. Lot 4 was originally advertized as part of the rezoning
but was never officially made a part of the application. The proposal tonight
was to delete Lot 4 however, staff now understands that the owners of Lot 4
will join the application. At issue is the proposed site plan only showing
one access to HE Coachman. The Commission is being asked to consider going
back to the existing two curb cuts which assures access for Lot 4 with the one
to the west being right-in, right-out only. This will be a site plan
amendment to show the curb cuts.
Staff is concerned that throughout this rezoning there have been
meetings with residents of the area. The residents are unaware of this
additional change.
Discussion ensued regarding the need for the two accesses and how they
would be designed in order not to conflict with traffic on NE Coachman Road..
Concerns were expressed regarding the ability to control the right-in,
right-out only turning movements.
Trish Muscarella, representing Brandon Nu-West, the owners of lot 4,
stated they would like to be included in the application. She stated the only
two items of discussion are the accesses and her client's requests to have
input regarding the parking design on the property. She stated there have
boen many meetings and various options reviewed but the Florida Department of
Transportation has not agreed to any of the alternatives and has indicated
that the site is vested only with the existing accesses. She stated her
client is willing to agree to and requests as a condition of approval of the
rezoning the existing accesses and input regarding the parking design.
Timothy Johnson, attorney representing Wal-Mart, the contract purchaser
of the property, stated they concurred with Ms. Muscarella's presentation. He
stated the two accesses are the only ones that will be approved by the Florida
Department of Transportation.
Ms. Muscarella requested condition #12, approved at the December 19th
meeting, be amended.
James Polatty, Planning and Development Director. indicated this was not
needed as condition #12 only addressed the cross-access easement and not the
number of accesses.
The City Attorney ~tated that the amendment which had been submitted to
the Commission would no longer be needed as Lot 4 is now agreeing to become a
part of the application.
The City Attorney presented Ordinance #5145-91 for second reading and
read it by title only. Commissioner Regulski moved to pass and adopt
Ordinance #5145-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
CCmtg
12/19/91
19
.'
. .
, .... I. . , ", " '. . ... '. r. -.., " '~, '( . . r .; ..
.
.
.
"Ayesll: Regulski, Nunamaker, Fitzgeraldt Berfield and Garvey.
IINaysll: None.
ITEM *16 - (Cant. fro~ 12/5/91) Ord. '515~-91 - Relatina 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 Regulski moved to amend the ballot question on page 2 to
read as follows: The City Charter currently requires candidates for City
Commission to qualify by paying fees and filing petition cards with the City
Clerk no 'later than 35 days prior to a city election. Ordinance '5153-91
proposes to amend the City Charter to require candidates to qualify by paying
fees and filing petition cards not later than 46 days, rather than 35 days,
before an election. Shall the amendment to the City Charter be approved? The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5153-91 as amended for second
reading and read it by title only. Commissioner Fitzgerald moved to pass and
adopt Ordinance #5153-91 as amended on second and final reading. The motion
was duly seconded. Upon roll call, the vote was:
IIAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
llNaysU: None.
ITEM #17 - (Cont. from 12/5/91) Ord. #5154-91 - Relatino to Administration of
City, creating Sec. 21.04 regarding departments of City, repealing Ch. 28. re:
same
The City Attorney presented Ordinance #5154-91 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt
Ordinance #5154-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
IlAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
ITEM #18 - Ord. #5155-91 - Vacatina 10' drainaoe and utility easement lvino
alona S 10' of Lot 28. Sun Tree Estates, less Westerly 101 (Suban V91-11)
The City Attorney presented Ordinance #5155-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance #5155-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
CCmtg
12/19/91
20
. . , . . . +.' ~ .' . I . 'l . .. , " L . " .. I' .
o . . ", ..F r o. " .' . . 0 ' . .'. : '. .. ... ... .:""".4.. ;.~. > . ~
.
.
.
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
Blk B Crest
The City Attorney presented Ordinance 15156R91 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt
Ordinance 15156-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNaysl1: None.
ITEM H20 R Orrl. '5158~91 - Relatinq to elections. amendinq various sections
within Chs. 30. 31. 32. 34 & 35, to conform the code to the city charter and
to applicable provisions of Florida lawj repealing Ch. 33
Discussion ensued the need to set a time limit on a candidate's ability
to appoint a campaign treasurer and what that time limit should be.
Commissioner Regulski moved to amend Ordinance #5158-91 on page 3, in
Subsection (e) of Section 31.02 to delete the first sentence and substitute
the following: Each candidate shall appoint a campaign treasurer and
designate a campaign depository not more than 180 days before an election, as
a prerequisite to obtaining the petition cards from the city clerk. The
motion was duly seconded. Upon the vote being taken; Commissioners Regulski,
Berfield and Mayor Garvey voted "Aye", Commissioners Fitzgerald and Nunamaker
voted "Nayu. Motion carried.
The City Attorney presented Ordinance #5158-91 as amended for second
reading and read it by title only. Commissioner Regulski moved to pass and
adopt Ordinance #5158-91 as amended on second and final reading. The motion
was duly seconded. Upon roJl call, the vote was:
"Ayes": Regulski, Berfield and Garvey.
I
"Naysu: Nunamaker, Fitzgerald.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #21-37) - Approved as submitted less Items 121, 24 & 33.
Agreements - Approved less #21 & #24.
ITEM #21 - See oaqe 23
CCmtg
12/19/91
21
0: t
00. ~.. "" r
.
.
.
ITEM .22 - Renewal of aQreement with the School Board of Pinellas County
providing for continuation of the School Resource Officer program at
Clearwater High School and Countryside High School (PD)
ITE '2 - Re ewal of a reement with the chool
providing for the joint use of facilities PR
ITEM #24 - See page 24
Bids & Contracts - Awarded less #33.
ITEM #26 - Contract for roof replacement at the Marina Building to Southern
Roofing Co., Clearwater, FL, for $64,471 (65)
ITEM #27 - Extension of elevator maintenance contract to Control Elevator
Systems, Spring Hill, FL, for the period 2/1/92-1/31/93 for $12,000 (GS)
ITEM #28 - Contract from roofinq repair for the Fleet Maintenance Facilitv to
7-M Construction Co, Oldsmar, FL, for $14,485 (GS)
ITEM #29 - Purchase of a GTE Norstar Electronic Telephone System with StarTalk
for the Librarv Department from GTE Communications Corp., Tampa, FL, for
$29,849; financing to be provided under the City's Master Lease Purchase
Agreement with AT&T Credit Corp. (LIB)
ITEM #30 - Purchase e ui ment maintenance services from Xerox Cor ., Tampa,
FL, for the period 1/18/92-1/17/93 for an est. $18,396 PIO
ITEM #31 - Contract for modifications to South Beach Pumo Station 14 to
Kimmins Contracting Corp., Tampa, FL, for $219,DOl (PW)
ITEM #32 - Contract for structural repairs to the Sand Key Bridae over
Clearwater Pass to Misener Marine Construction, Inc., Tampa, FL, for $675,235
(PW)
ITEM #33 - See paQes 24 & 25
Citizens & Staff Requests - Approved.
ITEM 634 - Gas installation finance proQram to allow financing of residential
customer housepipinQ over a two or three year period at no interest (GAS)
ITEM #35 ~ ReQuest of Suncoast Aviation. Inc. (Airpark's FBO) to sublease the
maintenance han 8r with associated tie downs office 5 ace and common wa 5 to
Suncoast Flying Services, Inc. PW
CCmtg
12/19/91
22
'.~.': ~''''4. ',' '.,'.. . . '., . ,~;..~.,I""~'l' ...........'
.
.
..
ITEM #36 - (Cont. from 12/5/91) Direction to use tbe format of the proposed
Countywide Sian Reaulations for the City's revised sian reQulations and
providing for ugrandfatheringU of signs erected legally since 10/13/85 which
are made nonconforming under the revised sign regulations (PLD)
CITY ATTORNEY
Agreements, Deeds & Easements
ITEM 137 - OrainaQe and Utility Easement over Dortion of proDertv in S 100
feet of the N 200 feet of the W 1/4 of the SW 1/4 of the NW 1/4 of Sec. 18-29-
.l& (Trefz)
Commissioner Regulski moved to approve the Consent Agenda as submitted
less Items 21, 24 and 33 and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
In August of 1989, the City entered into a License and Agreement with
Clearwater Ferry Service to operate a commercial ferry service in Clearwater
Harbor from the Drew Street dock. The ferry did not start full se~vice to all
points until September of 1990.
Mr. Phil Henderson, ~wner of the Clearwater Ferry Service, Inc. has
submitted the first year of operation report. In the report Mr. Henderson has
also included several proposals for consideration~ Some of the proposals have
been incorporated into this amendment. Any signs on the ferry service dock
must comply with city ordinances. Mr. Henderson had requested that the city
provide free ferry service from Drew Street to service points at an estimated
cost of $371800 a year. He has since withdrawn that request.
Paragraph 18, (b), is requested to be amended to read: "Operator may
transport passengers to and from the City Marina but no origination of
passengers departing the marina are allowed until after 2:00 p.m. daily.1I
Paragraph 18, (e), is being requested to be amended to read: "Operator
may transport walking groups staying at nearby hotels from the marina.
Groups, not in walking distance from the marina, booking trips on marina
fishing boats, will be allowed into the marina by the Ferry Service providing
that the City Harbormaster has approved each occurrence."
A question had been raised at the worksession regarding making the
agreement more liberal. It.was indicated it was felt the agreement was
acceptable.
Commissioner Regulski moved to approve the fourth amendment to Paragraph
18, (b) and (c), to the Clearwater Ferry Service, Inc. License and Agreement
and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
CCmtg
12/19/91
23
.
.
.
ITEM 24 - Purchase of claims services wor ers. com ensation & liabilit for
FY 10 1 91-10 1 2 and Revocable Trust A reement for handlin of self-
insurance funds with Johns Eastern Company, Inc. AS
At the Commission meeting on September 27, 1991, the Commission
a~thorized purchase of claims service from Johns Eastern Company for the
flscal year 1991/92. ,Attached to that agenda item was a specimen contract for
handling the City's liability and workers' compensation claims. That contract
has now been adapted and refined for use by the City and incorporates several
changes requested by City staff.
The contract also incorporates a revocable trust agreement which
provides for the servicing agent to hold the City's funds as the City's
Trustee. This agreement will provide additional protection to the City if the
servicing agent were to cease business for any reason while holding City
funds.
A concern was expressed that there is no provision in the agreement that
the company provide indemnity.
Commissioner Regulski moved to approve both the contract with Johns
Eastern Company for the purchase of claims service, workers' compensation and
liability for the fiscal year October 1, 1991 to October 1, 1992 and the
revocable trust agreement for the handling of the self-insurance funds with
the addition that the company be required to carry employee dishonesty
insurance coverage in the trust agreement in an amount up to the funds which
the City has with the company. The motion was duly seconded and carried
unanimously.
ITEM #33 - Purchase 9 diesel generators from Rudy's Rentals for $19,224 (PW)
Long-term power outages at traffic signals were a result of the April
25, 1991 storm. Future strategy was discussed at storm fol1ow~up meetings and
it was decided to provide ten emergency generators at signalized intersections
in the event of another long-term power outage. The exact intersections would
be determined at the time of the crisis. The generators would be purchased
with emergency operations funds and maintained by Public Works/Transportation
Group.
o Of the bids received, the two low bids did not meet specifications. The
bid by Cummins S.E. Power.provided a gas generator instead of diesel and the
alternate bid by Rudy1s Rentals did not provide a generator with adequate
wattage requirements.
Discussion ensued regarding the need for the generators with it being
indicated this was a substantial amount of money to spend on something that
may be used only once or twice over several years.
The City Manager reported that while it is hoped that the City would
never need the generators, they would have been invaluable during the April
CCmtg
12/19/91--
24
~ . I ' ' ,.' , .' ~ \ 'It !'.~ \ L '". '" " ',1. .: .
~~~, .
.
.
.
25th storm as this would have freed up public safety personnel for other
duties than directing traffic. He stated it would not be easy to find rental
units available in an emergency situation.
Commissioner Fitzgerald moved to award a contract to purchase nine
diesel generatorst at a cost of $19t224.00 from Rudy's Rentals which is the
lowest most responsive and responsible bid submitted in accordance with the
specifications and that the appropriate officials be authorized to execute
same. The motion was duly seconded. Upon the vote being taken;
Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted "Aye"t
Commissioner Nunamaker voted "Nay". Motion carried.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 - First ReadinQ Ord. #5162-91 - approving a new schedule of phased
water & sewer" rates to be effective 2/1/92 (PW) "
The current water and sewer rates were approved by the City Commission
in July, 1988. Since that time several significant changes as summarized in
the study by Camp Dresser & McKee, Inc. (COM) have occurred:
Water purchases from Pinellas County have increased from 63% to
80% of our usage;
Total water consumption has decreased approximately 13% from 15.48
MGD to 13.45 MGD;
System debt service has increased from 14% of revenues to 27% of
revenues; these costs have increased from $3,972,675 in 1988 to
$7,334,438 in fiscal 1991 and are primarily related to costs of
the new mandated wastewater treatment plant construction.
Chemical and electrical costs for wastewater treatment have
increased 34% from $0.315 to $0.422/1000 gallons.
Current ordinances allow the City to adjust the water rates periodically
to recover any increased costs to supply water due to the changes in the
wholesale rate the City pays to the County for water. This IIpass through"
procedure results in changing the actual water rates. Two County-instigated
rate increases have been upassed through It to our customers and are not
reflected in our printed Code of Ordinances. The language in the proposed
Ordinance 5162-91 includes all changes to date.,
.
.
.
.
The sewer rates which were adopted in 1988 included a phased, multi-year
schedule which provided for annual increases the last of which was effective
on October 1, 1991.
The Water and Sewer Rate Study analyzes two approaches to the increases:
1) a flat increase of approximately 13% for water and approximately 22% for
sewer effective February I. 1992 and continue at the same rate through
September 30, 1994; and 2) the recommended phased increase as follows:
CCmtg
12/19/91
25
" "... .' . I" I J' I ~'J"", ," ,..o ".. . ; ..... / : ....
.
.
.
Water
Sewer
2/1/92
6.6%
7.2%
10/1/92
6.8%
9.5%
10/1/93
7.7%
13.2%
A modification to the existing lawn water rate structure is recommended
in order to encourage further conservation. The City staff concurs with the
consultants' recommended three year phased approach.
Tom Burke of CDM reviewed the proposed increases. He stated the City of
Clearwater is currently at the low end of rates charged for utilities. He
reported if the rates are not increased a deficit will result. In response to
a question regarding why the City is continuing to have a minimum charge. it
was stated it was felt to go to a totally new basis for the rate structure
would be too disruptive. A future consideration could be phasing in charges
for every gallon of water used.
The City Manager concurred saying that to assess a base charge and for
all water used would have a double impact on low and single family users.
It was stated that as rates go up, use of reclaimed water for irrigation
becomes more attractive. In response to a question, it was indicated that
water use is creeping back up to normal levels prior to watering restrictions.
Commissioner Regulski moved to approve the new schedule of phased water
and sewer rates to be effective February 1. 1992. The motion was duly
seconded. Upon the vote being taken; Commissioners Regulski, Fitzgerald,
Nunamaker and Mayor Garvey voted "Aye", Commissioner Berfield voted "Nay".
Motion carried.
It was pointed out that only sixteen cents per dollar of the fees
charged goes to labor with the rest being for County water charges, debt
payment and capital improvements.
In response to a question, Commissioner Berfield stated she voted
against the increase because she felt someone should be asked to review this
division as had been done in the Gas Division to identify savings and other
enhanced revenues prior to a rate increase.
The City Manager stated the circumstances in the Gas Division are
completely different from Utilities. It was also stated that a major portion
of the debt service is due to State and Federal mandates.
The City Attorney presented Ordinance #5162~91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5162-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Regulski, Nunamaker. Fitzgerald, Berfield and Garvey.
"Nays": None.
CCmtg
12/19/91
26
.
TE,
.
The franchise agreement with the General Telephone Company (GTE) which
permits GTE to use the City rights-of-way for the placement and operation of
its systems expires January 1, 1992. The City receives a 1% franchise fee
based on GTE local service revenues. For 1990, that fee base yielded revenues
of $182,888 to the City.
The City has been working with GTE to develop a clear, mutually
acceptable basis for discussions leading to a new franchise. Delays have been
experienced in obtaining all of the 1nformation necessary to these
discussions. Staff and GTE agree that discussions are not possible before the
first of the year and may require at ,east six months to complete. A new
franchise can be in place by July 1, 1992, assuming successful negotiations.
Ordinance #5160-91 extending the term of the present franchise agreement
with GTE six months from January 1, 1992 has been developed for Commission
approval. The General Telephone Company has inaicated its agreement in the
term extension and has supplied a letter of agreement to that effect.
Commissioner Fitzgerald moved to approve a six month extension of the
GTE Franchise Agreement. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5160-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance *5160-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
lIAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
llNayslt: None.
ITEM 140 - Res. #91-44 - establishin the creation and 0 eration of a Cit -
Wide Wellness Proaram AS
Duv to increasing medical and insurance costs, many individuals and
groups are engaging in lIwellness" programs designed to help individuals
increase and maintain physical health.
Fitness activities such as aerobic and strength building exercises are
the basis of most recognized wellness programs. Physiological values are
monitored in voluntary screenings to judge progress toward personal wellness
goals. The physical activities are complemented, where needed, by courses
such as smoking cessation, diet modification, weight loss and stress
management, among others.
An ad hoc City Wellness Committee has been working since April of this
year to determine if a wellness program ~or the City is desirable and
.
CCmtg
12/19/91
27
.
.
feasible. The long-term benefits of successful wellness programs are improved
employee morale, lower average cost per medical benefit claim and a healthier
work force. Many of the facilities and activities needed to support such a
program are available at low or no cost to City employees.
Six factors important to the long term success of the program were
identified by the Committee: (1) Commission and Management support and
encouragement; (2) a central point of responsibility or coordinator; (3) an
on-going wellness education and publicity activity: (4) a flex time work rule
policy to allow fitness activities during the work day; (5) health screening
and program tracking activities; and (6) eventual funding and construction of
changing/work-out facilities convenient to the workplace. The Committee
concluded that a phased program could be implemented with the first five
factors being addressed immediately.
If the resolution is approved, staff will develop the initial program on
a volunteer, part-time basis to start in late January. A follow-up progress
report will be made available to the Commission as the program takes shape.
The City Attorney presented Resolution #91-44 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #91-44 with Section 4
amended to read as follows: "A policy to allow flex time for fitness
activities during the workweek shall be developed consistent with present flex
time policies and practices", and authorize the appropriate officials to
execute same. The motion was dUly seconded, upon roll call the vote was:
"Ayesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNaysll: None.
ITEM #41 - Res. #91-46 - establishin new fees for non-residents to
participate in City recreation DrOQrams and activities PR
On August 18, 1988, the Commission approved a formula for the purpose of
computing fees non-residents pay for Parks & Recreation Department programs.
While the Parks & Recreation Department's budget has increased slightly, there
has also been an increase in budgeted revenue as well as the population
estimates for the City. These factors all contributed to keeping the non-
resident fees constant over the past three years. However, based on the
formula used, the projections for FY91-92 result in new fees for non-
residents.
The recommended non-resident fee structure is as follows:
Current Proposed Difference
1. Annual Individual Card $ 49.00 $ 51. 00 + $2.00
2. Fall Individual Card $ 30.00 $ 31.00 + $1. 00
3. Annual Family Card $122.50 $127.50 + $5.00
4. Fall Family Card $ 75.00 $ 77. 50 + $2.50
5. Single Season Fee $ 25.00 $ 30.00 + $5.00
. CCmtg 12/19/91
28
"..: t
. I ..' I ..... 1 . '" . - .'......,. , -, . }~ -. 'Io' .. . ~ .. .. .: ~J ,
.
It i~ estimated these proposed changes will generate an additional
$11,ODO in net revenue to the City. The recommended fees will be effective
January 1, 1992.
The City Attorney presented Resolution 691.46 and read it by title only.
Commissioner Nunamaker moved to pass and adopt Resolution *91-46 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
.
ITEM #42 - Res. 191-47 - increasinQ the basic rental fee for the Sailing
Center buildinQ, amending the personnel charges, adding a cleaning deposit and
increasing the deposit for reserving the center (MR)
Resolution #90-49 established the rental fees for certain public
buildings. This resolution was passed by the Commission and went into effect
on January 1, 1991. The basic rental fee for public buildings (including the
Sailing Center) was set at $70.00 per use x number of days, plus hourly
charges for personnel and utilities.
Due to the fact the Sailing Center building is like no other city
building for rent, staff recommends the basic rental fee for private and
commercial usage be increased to $150.00 per use x number of days. In
addition to the basic rental fee, private and commercial renters would also
pay for hourly charges for utilities and personnel and ~or equipment usage. A
requirement for an off duty police officer is necessary. The city rate for
the police officer will be the current overtime rate charged by the Police
Department. A cleaning deposit of $50.00 shall be paid in advance to assure
that the premises is returned in a clean and undamaged condition. The
cleaning deposit will be refunded if the building is returned in an acceptable
condition. The deposit to reserve the Sailing Center building is also
increased to $50.DD.
Commissioner Nunamaker moved to approve the increase in the rental fee
for the Sailing Center. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #91-47 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #91-47 and authorize
the appropriate officials to execute same. The motion was duly secondedt upon
roll call the vote was:
UAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
.
CCmtg
12/19/91
29
~
-,.'
. .~,'
',; : ;
. ~', '. ':
, "
.
:, ~ ,C ....J ...
. \
. (I"
. \: ..
'.-1',;,
1<, '
I.; ;,:
.~.
'. .
~
'/
~,
~.,.'
. . t......:.
} ,:~.
., .
\"\ :, ...(
.... J" ( l
~'-~'l,
~~'<~:
. ..,'
'.' ~
... v;-"~~:.
.
...... \
:~:;><\
~c:'.:. .,:f.;';F;"
\ '....t
,t..
.
,fl' .
, .' ~
';,.. ~,.... ';
'''\';
, .
.', ~ . ~~.
..;~ .'. ,"
~. "'.' '. .
.~'I~""Y' ~ .
".
~:c .~~ I .
fl"
.r'.....
~ Of".1 .
''';' "
'''';',
" I ~
, .
, .~
'./' \ : ~ .'':1.' ,
;:'. ',:: .,; .'.~' '.",'
:.~;;:>.\ c,c:.".
'. "
ITEM #43 - Res. 191-48 - authorizina Finance Director to establish bank
accounts as necessary to administer City'S Minimum Premium Grou~ Health
Insurance ProQram with CIGNA and to wire transfer funds as necessary to
Citibank to fund the program (AS)
On September 27, 1991 the Commission approved the group health insurance
program with CIGNA Healthplan of Florida for calendar year 1992. This group
health insurance program requires the City to establish an "Imprest" account
at CIGNA's bank. The City will then be required to wire transfer funds to
this account as claims are paid by CIGNA but no more than once a week. This
arrangement will permit the City to keep the funds longer, rather than paying
them out in the form of insurance premiums.
This resolution will authorize the Finance Director to implement this
minimum funding program.
The City Attorney presented Resolution '91-48 and read it by title only.
Commissioner Nunamaker moved to pass and adopt Resolution 691-48 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
Other Pending Matters - None.
CITY ATTORNEY REPORTS
First Re~ding Ordinances
ITEM #44 - Ord. #5161-91 - Proposed Charter Amendment relatinQ to allowable
uses of municipal or other public property along the bavfront area to be
submitted to voters on the 3/10/92 election
Commissioner Nunamaker moved to amend Ordinance #5161-91 to read as
follows: On pages 2 and 3, amend the ballot question as follows: The City
Charter limits the use of municipal and other public property below the 28
foot elevation line, West of Osceola Avenue, East of Clearwater Harbor,
between Drew and Chestnut Streets, and the Memorial Causeway or lands
contiguous thereto, to open space and public utilities. Ordinance #5161-91
proposes tO,amend the City Charter to allow city-owned recreation facilities
on such property. Shall the amendment to the City Charter be approved? The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5161-91 as amended for first
reading and read it by title only. Commi5~ioner Berfield moved to pass
Ordinance 15161-91 as amended on first reading. The motion was duly seconded
and upon roll call, the vote was:
CCmtg
12/19/91
30
,,",\.
..(~
c\:
'.\
. .; ',', I. .
, ~.:: "'l1. ,. ~'. '~+...~ .~. ~ .l:~ "'l' r.! '" c',~,', :'" I.: . ,,-) .::......,:..~., :,"'~":
~,,::rNj\:;w,,~i,~f'!,,{i!:,.!'~'r'..:.:,:.,: ....;. .-.,,~:,. :,"/':(::."'.~. i,.;,..::,:i.;".i'~.'...".'..'.';'.'!'::'.':' ", :'; ;:.:r'~';:A,; \'~,i 1;::>:;' ,:,:: ,:,',
:. " . " .,," ..'~ '., ...... ;..-:.;.:~~i..':I:::'~:,.~;'~"\':'
.'~ ,...., '~l~' ,;:.'C~'" '\, .t"I,.., .~ .' <. .,' j_
-I:
.'.,,'\ .', "',, 1', " ":,,,: '.'. "'..,,., ,.,' ';1;~...,'" ....':)'.. " .
,.,..; . '.' . ,:-' ",," '" ': ::....~:'., . ,j ,', " ... .' '..':;'
.," '\,'..: ':':. ',)" ..;,:'.';:,r':;.-'
, ",,' , ,': ,'<< :,::: ~ :, ";"(':"':_;;';'..;.':,:",':'.:,~,i,;::~,~,:.:~.;.:':':'I!:'.""".":";:."":""':"""':::::';"~:.':.:,':.~,:,-,,'..:.~:",...~..".'\,\:':,:;',:,',:,:':,:.',..,.~,"',',',i.:..:::.:,~',lc.~."i:i:)"" :;,:;',',,::, . :':~~: >; ',',';: .'., " ""
,,;':,,';, ';';'\:'l\i;<j,:,,'(,i'..;i:. :;:';" " " " ,
. t' .. '" '.. '.' i' t',~ '. '. ~ " ,)_;
"
. ".'
. ,., I
" ,c ,
.' !"~".':1.~ c:~......., 'i,. ......:..
,,':;;-l\.,:,!<:;~;:,'g",,> " ,;~ .',,'..:.
I ,"~, ".! ~~ '..,,'~'" . .. ~'..-' ....,~
/> . :. ,"./ '. :i'
". I
.,....
.' ,
'.. ),
.:'
"
-
1
~ : I'
. ,
..
......
.j",:,
J
....
. J
. .
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
Resolutions
ITEM 645 - Res. 191-41 - Urging the Florida Legislature to support
establishment of a trust fund for the modernization of municipal records
management, utilizing a funding mechanism similar to that used for counties
The City Attorney presented Resolution '91-41 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #91-41 and
authorize the appropriate officials to execute same. The motion was duly
seconded, upon roll call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
ITEM #46 - Res. #91-49 - to the Florida legislature objecting to the 1991
amendment to the law relating to the disposition of civil penalties received
by county courts and urging restoration of the disposition schedule as it
applied to municipalities before 7/1/91
The City Attorney presented Resolution #91-49 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #91-49 and
authorize the appropriate officials to execute same. The motion was duly
seconded, upon roll call the vote was:
"Ayes": Regulski. Nunamaker. Fitzgerald, Berfield and Garvey.
"Nays": None.
Other City Attorney Items - None.
City Manager Verbal Reports - None.
Other Commission Action
Commissioner Berfield wished all a Merry Christmas and Happy New Year.
Mayor Garvey requested Commissioners review the attendance record of
their appointees to the Maas Brothers Task Force and see if they need to make
new appointments. She wished all Happy Holiday.
Adjournment
The meeting adjourned at 10:25 p.m.
ATTEST: ~,:~~ ( -.- . .~ .J)~ t'l.
~rk-.
'.i- .
CCmtg
31
12/19/91
I : .
. -;.
. , .