04/02/1992 (2)
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CITY COMMISSION MEETING
April 2, 1992
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, April 2, 1992 at 6:03 p.m., with the following members
present:
Rita Garvey
Sue A. Berfield
Lee Regulski
William Nunamaker
Richard A. Fitzgerald
Arthur X. Deegan II
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mary K. Diana
Mayor/Commissioner
VicewMayor/Commissioner
Commissioner
COlmlissioner
Commissioner
Commissioner~Elect
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
Assistant City Clerk
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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
Two service pins were awarded to City employees.
ITEM #4 - Introductions and Awards
Citations of Appreciation for service on the Community Relations Board
were presented to Sally I. Constantinou and Edward J. Henry.
Proclamations:
A. Epsilon Sigma Alpha International Day - May 1, 1992
B. Prevent A Litter Month - April 1992
Farewell to Commissioner Nunamaker
Commission members presented farewell gifts to Commissioner Nunamaker.
He thanked the citizens for their past support and announced he will not run
for County Tax Collector.
,The meeting recessed from 6:24 p.m. to 6:31 p.m.
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Commissioner Nunamaker left the meeting.
Oath of Office Administered
The City Clerk administered the Oath of Office to Commissioners
Fitzgerald and Deegan. The Mayor introduced their family members who were
present at the meeting.
The meeting recessed from 6:34 p.m. to 6:37 p.m.
ITEM #5 - Presentations - none.
ITEM #6 - Minutes of the Regular Meetina of March 19. 1992
Commissioner Fitzgerald moved to approve the minutes of the regular
meeting of March 19, 1992, as recorded and submitted in written summation by
the City Clerk to each Commissioner. The motion was duly seconded and carried
unanimously.
ITEM '7 - Citizens to be heard re items not on the AQenda
William Wallace requested the difference in notification requirements
for vacation requests be reviewed. He felt there was a discrepancy between
this requirement and the requirement that property owners within 200 feet of a
rezoning or similar request, as more than abutting owners are affected by
vacations of right-of-way.
The meeting recessed for pictures from 6:43 p.m. to 6:45 p.m.
PUBLIC HEARINGS
ITEM #8 - Public Hearin - Res. #92-24 authorizin the lacement of liens on
properties for unpaid utility bills AS
Property owners who have delinquent accounts with the utility system for
amounts over $100.00 have been notified by staff of their indebtedness and the
fact the City may file a lien on their property for the amount of the
delinquent account.
These owners have also been notified by the City Clerk of the public
hearing regarding their indebtedness pursuant to Chapter 50, Section 50.08 of
the City Code of Ordinances.
Commissioner Berfield moved to approve the resolution authorizing the
placement of liens on properties for unpaid utility bills. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #92-24 and read it by title only.
Commissioner Fitzgerald moved to pass and ,adopt Resolution 692-24 and
authorize the appropriate officials to execute same. The motion was duly
seconded and upon roll call the vote was:
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"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM'9 - Public HearinQ - Vacatinn Pine St. r-Q-W (formerlv Grove St.) lyina
south of Starr and aver's Add. Blk 3 Lots 3 & 4 and north of Blk 5 Lots 1
& 2 Church of the AscensionJ Inc., V92-02 PW
The applicant proposes to construct a structure connecting the main
church building on the north side of Pine Street with the other church
facilities on the south side of Pine Street. Also in another location, they
propose to construct a covered walkway across Pine Street connecting the two
buildings. This request was brought to the Commission previously on March 15,
1990.
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The City has sanitary and storm sewer systems and water lines within the
right-of-way and, since the applicant proposes to develop within the right-of-
way, the existing utilities would have to be either relocated or abandoned at
the applicant's expense.
This petition has been reviewed by the various City departments and
divisions concerned, and except for those of the Police and Fire Departments,
there were no objections, subject to the above. The Police and Fire
Departments are recommending denial because if this street is vacated, the
result may affect response times and access to existing properties.
Florida Power and Vision Cable have facilities within the existing
right-of-way which will have to be relocated, at the applicantls expense, if
an easement can not be retained. General Telephone has no objections to the
vacation.
The City Manager reported the fire chief has met with church
representatives and they have worked out the concerns regarding adequate fire
access and the police department no longer objects. He indicated two letters
in opposition have been received from property owners on Bay Avenue.
Harry Cline, attorney representing the applicant, indicated the two
objections from Bay Avenue have been withdrawn and said a petition in support
containing 300 names has been submitted. He indicated the right-of-way is
used mostly by the church and would benefit the community if vacated. The
vacation would give the campus a contiguous effect. It also serves groups
such as the Boys Scouts, Girls Scouts, Alcoholics Anonymous, Religous
Community Services, etc.
Two citizens spoke in opposition to the request indicating the area is a
maze of streets with a lot of residential parking on Oak and Bay Avenues which
are one-way streets. It was indicated Orange Avenue is the only through way
and it is felt the Pine Street right-of-way is an important access during peak
hours and emergency situations.
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Representives of the church said it was not their intent to shut down
public traffic but to create an area the community could be proud of. They
indicated their concern was for aesthetics and the safety of the children.
One citizen spoke in support of the request indicating the curbs are
deteriorating. She said when cars are parked on Pine Street. it is difficult
to get through the narrow S1reet.
In response to a qu~~tionJ Mr. Cline indicated he was aware of the
conditions imposed by the fire department in a memo dated March 31, 1992.
Commissioner Fitzgerald moved to approve the s.ubject vacation request
with the conditions that the easement be retained as a drainage and utility
easement, a designated fire lane be provided on the north side of the
sanctuary with approved signs being 15 feet from Bay Avenue and at 3D-foot
intervals thereafter and there be designated "no parking" areas at the fire
hydrants on Orange and Bay Avenues. The motion was duly seconded.
Concerns were expressed in regard to the traffic and parking problems in
this area and it was felt approving this request may help to alleviate some of
the traffic through the residential areas.
In response to a question, it was indicated the alley north of the
church is open to traffic.
Discussion ensued in regard to the majority of parking on Pine Street
being from the church. It was felt allowing this request would also make it
more convenient for the handicapped.
The City Attorney stated the vacation would come back for ordinance
readings.
Upon the vote being taken, the motion carried unanimously.
ITEM #10 - Cont. from 3 19 92 Variances to 5i n Re ulations for property
Fortune Federal Savings & Loan Assoc located at 18401 US19N. Levitz Plaza
Shopping Center. formerly Grant's Plaza, Sec. 20-29-16. M&B 33.02, 33.021 &
33.06 (Home Shopping/Paxson, SV92-04)(PLD)
Due to a conflict. another attorney has been retained for this case. He
has not had time to prepare and is requesting a continuance.
Commissioner Berfield moved to continue this request to the next
regularly scheduled meeting of April 16. 1992. The motion was duly seconded
and carried unanimously.
ITEM #11 - Public Hearing - Declare as surplus and approve the deeds for
ri ht-of-wa and a draina e easement to FOOT and adopt Res. #92-29 -
uthorizing execution of agreement for the relocation of city utilities (PW)
The Florida Department of Transportation (FOOT) is proposing to widen
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S.R. 580 from Countryside Boulevard to Kendale Drive. They propose to start
construction in fiscal year 1993/94. Inasmuch as they propose to widen the
road to six lanes, they will need additional right-at-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, the Police Chief has been informed about this
requirement and has no objection to this request.
The FOOT is asking for deeds to four parcels of land. Three will be
used for right-of-way purposes and one parcel will be used as a, water storage
area. A 10 foot by 10 foot drainage easement located adjacent to the two
reservoirs will also be required.
An agreement between the City and FOOT calls for the FOOT to pay all
costs for the relocation of any city-owned utility line, whether located
within the actual property being transferred or in some portion of the
existing right-of-way. This consideration is believed to have a value of
approximately $400,000 which would otherwise be paid by the City.
Public Works Director Bill Baker stated in the proposed contract the
City agrees to convey to the FOOT deeds to the property in exchange for them
performing and assuming all costs for all utility relocation associated with
this project.
Commissioner Fitzgerald moved to declare as surplus the fOllowing
parcels: 1) Parcel 100.1, Section 15070-2524: The northerly 8 ft mol of the
easterly 200 ft mol of the following described parcel: from the center of See
29-28-16, S 50 ft to the POB; W 1071.7 ft; S 450 W 39.27 ft; S 79.60 ft: S 120
W 149.41: S 350 E 35.03 ft; S 560 E 420.53 ft: N 330 E 315.13 ft: E 591.87 ft:
N 250 ft to POB, containing 1549 sQ ft mol.; 2) Parcel 800.1, Section 15070-
2524: A 10 ft by 10 ft parcel lying in the northeasterly portion of the
following described parcel: from the center of Sec 29-28-16, S 50 ft to the
POS; W 1071.7 ft; S 450 W 39.27 ft; S 79.60 ft: S 120 W 149.41: S 350 E 35.03
ft; 5 560 E 420.53 ft: N 330 E 315.13 ft: E 591.87 ft: N 250 ft to POB,
containing 100 sq ft, mol.; 3) Parcel 144.1, Section 15070-2524: The
southerly 29 ft mol of the following described parcel: the W 50 ft of the SW
1/4 of the NW 1/4 of Sec 28-28-16 lying north of State Rd 580, containing 1335
SQ ft mol.; 4) Parcel 103.1A, Section 15070-2525: That portion of the SE 1/4
of the SW 1/4 and the SW 1/4 of the SE 1/4 of Sec 21-28-16 and the NE 1/4 of
the NW 1/4 of Sec 28-28-16 lying within 180 ft mol north of the centerline of
State Rd 580, containing 5.47 acres mol.: and 5) Parcel 103.18, Section 15070-
2525: That portion of the SE 1/4 of the SW 1/4 of See 21-28-16 and the NE 1/4
of the NW 1/4 of Sec 28-28-16 lying within 260 ft mol north of the centerline
of State Rd 580, containing 1.47.acres mol. and approve the deeds for right-
of-way and a drainage easement to the Florida Department of Transportation
(FOOT). The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution 192-29 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution '92~29 and
authorize the appropriate officials to execute same. The motion was duly
seconded, upon roll call the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
IINays": None.
ITEM #12 ~ (Cont. from 3/5/92) Public Hearing - Vacating Hart Street riaht~of~
wax lying south of Harts 2nd Add., Blk 3. part of Lot 8. together with Lots 9,
10 and vacated alley lying between said lots and north of Jones Sub. of
Nicholsons Add.. Blk 3, lots 6~8. and part of Lot 9 (Gangelhoff/Gulf Marine
V92-01) (PW)
.
It is requested this item be continued in order to establish all the
conditions necessary for this vacation.
Commissioner Berfield moved to continue this item to the regularly
scheduled meeting of June 4. 1992. The motion was duly seconded and carried
unanimously.
Public Hearing - Second Reading Ordinances
ITEM 13 - Ord. #5182-92 - Annexin ro ert of Union St. S of Ashland Or.
and E of Beecher Rd.. Citrus Heiahts Manor. First Add.. Lot 50 1919 Ashland
Dr.)(Hilpl A91-12)
The City Attorney presented Ordinance #5182~92 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt
Ordinance #5182-92 on second and final reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey.
"Nays": None.
ITEM 114 - Ord. #5183-92 - Land Use Plan Amendment to Low Densitv Residential
for ro ert located at 1919 Ashland Dr. Citrus Hei hts Manor First Add.
Lot 50 Hilpl LUP91-13
The City Attorney presented Ordinance #5183-92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and.adopt
Ordinance 15183-92 on second and final reading. The motion was duly seconded
and upon roll call, the vote was:
llAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
,IINaysll: None.
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Commissioner Berfield moved to amend Ordinance 5184-92 in the title by
changing llLot 5111 to read ItLot 50.11 The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance '5184~92 as amended for second
reading and read it by title only. Commissioner Fitzgerald moved to pass and
adopt Ordinance #5184-92 as amended on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Naysll: None.
ITEM H16 _ Ord. #5186-92 - Relatino to marine improvements; amending Sees.
145.01 thru 145.11, re: docks, piers, seawalls, bridges and other marine
structures
The City Attorney presented Ordinance #5186~92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance #5186~92 on second and final reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-35) - Approved as submitted less Items 619 and #33.
AQreements - Approved.
ITEM #17 - Lease AQreement with Pinellas Countv School Board for portion of
the Curtis Fundamental Clearwater Comprehensive School Complex located on the
east side of Holt Avenue from 5/1/92 to 4/30/93 (AS)
ITEM #18 - Promotional License A reement with Clearwater Mall Com an
Parks & Recreation Department to conduct a Mall Show an 7/25/92 PR
ITEM 119 - See page 9
Bids & Contracts - Awarded.
ITEM #20 - Annual contracts for the period 4/8192-4/7/93 to purchase the
estimated reauirements for low pressure polyethYlene pipe and fittinQs to the
followin: Phillips Engineering, FL, est. $163,838.25; Empire Pipe, FL, est.
26,937.30: Perfection Corp., OH, est. $15,962.50; Allied Corrosion, GA, est.
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$11,296.50 & Consolidated Pipe and Supply, AL, est. $29,675.05, for an est.
total of $247,709.60 (GAS)
ITEM '21 - Purchase of 1 - 1992 Case 1085-C Hydraulic Excavator from Case
Power and Eauioment, Tampa, FL, for $106,269; financing to be provided under
City's Master Lease Purchase Agreement with AT&T Credit Corp. (G5)
ITEM 122 - Purchase of 1 - 1 2 Ford F-600 Cab and Chassis 2-ton truck from
Gator Ford Truck Sales. Inc., Tampa, FL, for 24,294.48, State Contract 070-
700-92-1 (GS)
ITEM 123 - Extension of contract for new/recap tires and tire services with
Don Olson Firestone, Clearwater, FL, for the period 4/1/92-9/30/92, at an est.
cost of $137,000 (GS)
ITEM #24 - Purchase of 1 - 1992 International 2-ton Truck with Flatbed. 4x4
beach model. from Sun State International Trucks, Tampa, FL, for $43.591;
financing to be provided under City's Master Lease Purchase Agreement with
AT&T Credit Corp. (GS)
ITEM 125 - Extension of contract with CLSI. Inc., Newtonvi1le, MA, for
maintenance of the Clearwater Public Library LIBSIOO system for the period
4/1/92-9/30/92 at a monthly cost of $5,976 ($35,856)(LIB)
ITEM #26 - Purchase of miscellaneous sizes of water meters from Sunstate Meter
and Supo1v. Inc., Gainesvi11el FL, through a Pinel1as County Cooperative Bid
Contract for the balance of the contract period (11/5/91-11/4/92) for a total
est. amount of $71,585 (PW)
Citizens & Staff Requests - Approved.
ITEM #27 - Declare Vehicles and Equipment Surplus to City Needs and authorize
the sale of same to highest bidder at Public Auction (GS)
ITEM #28 - Reguest from Clearwater Festivals. Inc. (CFI) to waive City Fees
and Charaes for Seven 1992 Fun'n'Sun Festival Events which include Fun NI Sun
Parade, Fun N' Sun in the park, Fun HI Sun Music Events, City of Clearwater
and Morton Plant Hospital Bike to the Beach, Fun N' Sun Run and Corporate
Relay prior to the parade, Streetfest 92' and Easter Bunny Run and grant
permission for CFI to authorize all festival vendors (PR)
ITEM #29 - Cant. from 3 5 92 Res. #92-21 - Re etitive Loss Plan - Community
Rating System Program PlD To be Cont. to 4/16 92
ITEM #30 - PPC's Local Government Grant for the City1s implementation of the
Countywide Consistency Program in regard to the City's Comprehensive Land Use
Plan Text/Map and associated Land Development Code standards (PLD)
and Homeless Shelter Subreci fents
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ITEM 132 - Offer by M/Ms Brady and KimberlY Brady to purchase city surplus
property located at 1388 Hibiscus St.. Pinebrook Sub.. Blk B. Lot 1. for
$35.000 (PLD)
ITEM 133 - See page 10
Receiot & Referral - Received and Referred.
ITEM #34 - Annexation. Land Use Plan Amendment and RS-8 Zonina for prooerty
located at 1 50 W. Manor Ave., Lot 22 and N 51 of Lot 23, Clearwater Manor
Brown, A91-0B, LUP91-9 PLD
CITY ATTORNEY
AQreements. Deeds & Easements
south of Drew St. and
Commissi~ner Barfield moved to approve the Consent Agenda as submitted
less Items Nos. 19 and 33 and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM #19 - A reement with Ervin's All American Youth Club Inc. for the Club's
continuinq use and supervision of the Holt Avenue youth center PR
Ervin's All American Youth Club, Inc. has been operating out of Holt
Avenue Youth Center since 1987. The existing agreement has a three year term
and expires on April 14, 1992. This amendment will extend the term of this
agreement from month to month, but not later than September 30, 1992, which is
the end of the City's fiscal year.
On March 19J 1992, the Commission approved a contribution of $10,000 to
Ervin's All American Youth Club, Inc. to assist the Club in meeting payroll
expenses. Also, over the past several years, the Holt Avenue Building has
been improved as a result of several renovation projects. These include a new
roof, a new 30 foot expansion at the west end of the building, new kitchen
facilities~ beautification, etc.
Concerns had been exprGssed at the March 30th work session regarding
extending the agreement for three years at this time. Consensus had been to
extend it on a month-to-month basis until a report on the effectiveness of
this program has been prepared. This report will be prepared and submitted to
the Commission on or before June 1, 1992 to allow for Commission discussion
before release of the City Manager's recommended 1992/1993 budget.
Commissioner Fitzgerald moved to approve the amendment to the agreement
between the City and Ervin's All American Youth Club, Inc. which will allow
the club to continue using Holt Avenue Youth Center on a month to month basis,
but not later than September 30, 1992. The motion was duly seconded and
carried unanimously.
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In May, 1990, the long Range Planning Committee was formed and was
charged by the Library Advisory Board with developing a ten year plan for
Library services. The sixteen member committee was composed of
representatives from the Library Board, Friends of the Clearwater Library,
Greater Clearwater Public library Foundation, staff and the general public.
To accomplish its task, the Committee followed guidelines established by
the American library Association for local planning processes. In addition,
the results of a citizen survey implemented in January, 1991, were studied;
Dr. Diane Bordner of Bordner Research presented an overview of this survey to
the Commission in July, 1991. ,
As a result of the' planning process, the completed document is tailored
to local interest and expressed library service needs: it targets service to
children and to the business community as top priority development areas. At
the same time, it reflects cost consciousness: 85% of the 52 objectives set
forth in the document can be achieved with current funding levels. Of the
remaining 8, 5 would require additional space in the Main Library and are
placed at the end of the time line to allow study; one, a market research
survey of the business community, is being funded this year through salary
savings: funding for the Clearwater Sun morgue access project ;s being sought
by the Foundation; and one involves an additional staff member for a fee-based
business information service at the end of a three year trial of that project.
Due to questions being raised regarding the projected population figures
and whether renovation or a new library was considered in the plan, it was
requested this item be continued.
Commissioner Berfield moved to continue this item to the next regularly
scheduled meeting of April 16, 1992. The motion was duly seconded and carried
unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #36 - Res. #92-27 - pertainino to Non-Resident Fees, allowing for the
collection of said fees from participants of previously exempt co-sponsored
programs where leadership is provided by outside organizations and facilities
are provided by the City (PR)
In 1975, the Commission first approved a procedure by which non-
residents wishing to participate in City recreation programs were assessed a
"comparable sum" (fee) approximately equal to the per capita recreation
expense shared by each City of Clearwater resident. However, specifically
exempted from this requirement are "programs where leadership is provided by
non-Cityemployees". For example, Little League Baseball, Youth Soccer,
Shuffleboard, etc. These ,llprogramsll are made available to participants by
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independent organizations which have each entered into separate agreements
with the City. At this time, there are approximately thirty co-sponsored
groups using eighteen separate City-owned facilities.
An analysis of the co-sponsored groups' rosters indicates over 50% of
all co-sponsored group participants are not residents of the City. This
represents over 2,000 program participants who currently pay no taxes to the
City, and thus do not contribute to the ongoing maintenance and utility costs
at these facilities.
Through additional study, it has been determined that approximately 50%
of the cost of City sponsored programs is for maintenance while the remaining
50% is for leadership. Non-residents participating in these City sponsored
programs currently pay a fee of $51.00 designed to recover both leadership and
maintenance costs. However, in co-sponsored programs, leadership is provided
by volunteers. Therefore, staff feels it fair and equitable that non-resident
participants of co-sponsored programs pay only that portion of the fee for
maintenance which will be $25.00. If the fee is set at $25.00 per year per
person, which is inclusive of an estimated $3.00 cost for material and
processing, approximately $44,000 in net revenue may be generated for the
City.
Staff feels the collection of applicable fees from co-sponsored group
participants can best be facilitated by requiring the co-sponsored groups to
include the City of Clearwater "Participant Card" number for each of their
members on their official roster. Application for participants cards, either
resident, non-resident or co-sponsored, may be made at any of 10 City
recreation centers. If this resolution is approved, all co-sponsored groups
will be required to submit complete rosters of their participants effective
January 1, 1993.
Parks & Recreation Director Ream Wilson stated Clearwater was one of the
first cities to have a non-resident fee and ever since that time the City has
exempted co-sponsored organizations. These organizations such as Little
League, Lawn Bowling, Shuffleboardj Horseshoe, Soccer are coached by
volunteers which saves the City from hiring people to coach these activities.
These volunteers are valuable to the City1s recreational program. However,
with future budget projections there is a need to bring revenues in line with
expenditures. He indicated that residents pay taxes whether or not they
participate in any of the recreational programs and it was felt to be fair to
have non-residents also contribute. He said many of the fields presently are
over crowded which. could be due to a large number of non-residents in the
program. He said many of the youngsters that participate in the youth
programs may already have cards due to participation in other programs. He
feels this fee may discourage some of the non-resident group participants
causing them to drop' out of some of the programs.
Mr. Wilson stated the Little League program is different from other
programs in that it requires set boundaries. It outlines very strict
districts in which youngsters are required to play and "reciprocity" would be
honored due to these set boundaries.
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Representatives from the Clearwater Shuffleboard Club, Clearwater Lawn
Bowling Club, East Clearwater/Safety Harbor Little League, Clearwater Soccer
Association, Clearwater Horseshoe Club and Clearwater American Little League
and three citizens spoke in oppostion to the fee expressing concern that most
members of these clubs and organizations are from outside the City. It was
felt cnarging a non-resident fee could have a negative effect on club
membership resulting in cash flow and maintenance problems as some of these
organizations are literally run by the members. It was felt a financial
burden would be put on the senior citizens who are on retirement incomes and
the parents of the youngsters who already pay fees to these organizations in
order to participate in their program. It was indicated that tournaments put
on by some of these organizations bring in visitors and add to the tax base.
The City was complimented on the quality of its recreational facilities. It
was indicated a token club fee would be acceptable.
The City Manager said it was important to note that all speakers were
complimentary of City facilities which speaks highly of City efforts. He
indicated most softball and soccer teanls come to Clearwater because we have
the best facilities around which puts an intense demand on them.
Concern was expressed for those organizations having to pay the fee who
literally run and maintain their own facilities.
Discussion ensued in regard to the high number of non-residents
pal~ticipating in the City's programs and it was felt the City has been very
generous. It was noted that visitors who come to Clearwater and stay within
the City limits do not have to pay non-resident fees.
Concern was expressed regarding the administration of collecting this
fee and Mr~ Wilson indicated a procedure is already in place.
A question was raised if charging the organizations rather than the
individuals may be considered as an alternative, and it was indicated this may
place a~ extra burden on the taxpayer for the City to buy more property due to
increased demand by non-resident participation.
Discussion ensued in regard to what other cities do regarding charging
non-resident fees and it was indicated staff will research.
There was discussion regarding the enclaves and the County not providing
recreational facilities and it was questioned whether the County should be
requested to make a contribution to the City for the use of their facilties.
Discussion ensued in regard to exempting certain organizations and it
was indicated all groups needed to be reviewed to see what contribution each
is making.
Commissioner Regulski moved to approve the resolution which pertains to
non-resident fees, allowing fOl' the collection of said fees from participants
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of previously exempt co-sponsored programs where leadership is provided by
outside organizations and facilities are provided by the City. The motion was
duly seconded.
A clarification was requested regarding exemptions to the non-resident
fee and it was indicated they included special activitites, concerts in the
park, reciprocity. etc.
Upon the vote being taken, Commissioners Berfield and Regulski voted
lIaye,lI Commissioners Fitzgerald, Deegan and Garvey voted IInay.1I The motion
failed.
Oiscussion ensued regarding the need to review lease agreements with the
co-sponsored groups as they come up for renewal and organizations without
lease agreements are to be reviewed now to determine if co-sponsorship should
continue. Direction was given to come back at a later date with alternatives.
The meeting recessed from 9:04 p.m. to 9:15 p.m.
ITEM 137 - Declare as surplus for subordination to the FOOT the Citv's
easement rights and interest in 6 oarcels of land lvinQ alonQ S.R.580 and
adopt Res. 192-28 authorizing city officials to execute subordination of
utility interest documents with FOOT (PW)
The Florida Department of Transportation (FOOT) is proposing to widen
S.R. 580 between Countryside Boulevard and Kendale Drive. They propose to
start construction in fiscal year 1993/94. Inasmuch as they propose to widen
the road to six lanes, they will need to obtain additional right-of-way from
several property owners along S.R. 580. The City has various easements on
part of the parcels of land needed by the FOOT.
In order to facilitate this project, the FOOT is requesting the City
subordinate their easement rights and interest in these parcels.
The subordinations contain provisions for the FOOT to pay to have the
City's facilities relocated if necessary to prevent construction conflicts.
Of the total 11.867 square feet of land contained in the six
subordinations, approximately 11,494 square feet are actually covered by City
easements.
Commissioner Fitzgerald moved to declare as surplus for subordination to
the FOOT the City's easement rights and interest in six parcels of land
(122.3, 133.3, 133.4, 159.5, 161.3 and 166.7) lying along S.R. 580, Sec.
15070"2524, between Countryside Boulevard and McMullen Booth Road. The motion
was duly seconded a~d carried unanimously.
The City Attorney presented Resolution #92-28 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #92-28 and
authorize the appropriate officials to execute same. The motion was duly
seconded, upon roll call the vote was:
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"Ayes": Regulski. Fitzgerald, Berfield, Deegan and Garvey.
UNays"; None.
In September, 1990, during the adoption process of the 90/91 City of
Clearwater budget, the Commission, while deliberating the expenses associated
with the numerous police aides necessary to effect the special police beach
traffic plan, instructed staff to explore every means by which the specially
devised police plan could be effected by electronic equipment and thus
eliminate the police aide expenses in subsequent budget years.
After considerable effort attempting to search out the source of
electronic equipment that would replace the police aides, and finding little
or no success in the search, staff assigned the task to Wade-Trim, Inc.,
traffic engineering consultants, who had recently been hired to perform
certain traffic engineering designs and who have a nationwide network of
informational sources regarding traffic engineering matters. Because the
Commission-appointed Clearwater Beach Blue Ribbon Task Force was at the time
actively engaged in Clearwater Beach traffic considerations, Wade-Trim was
instructed to interface with the Task Force in the conduct of their work for
the City.
Wade~Trim determined fairly early in their efforts that an
electronically operated system which would operate with significantly less
police aides was unavailable as a practical matter, but did determine the
police aide traffic scheme could be effected with fewer aides by the
invocation of a one-way traffic plan on the beach. For this reason, and
because a one-way traffic plan was believed by WadewTrim to be compatible with
certain Beach Task Force goals, the Wade-Trim report essentially became a
study of three alternate plans for invoking a basic oneRway traffic plan for
Clearwater Beach.
The following is a summary of the various beach traffic elements which
have come forward from the task force: 1) the implementation of a Uresort
zonell environment for South Gulfview Boulevardj 2) the creation of a one way
pair street system along Coronado and Harnden Drives: 3) the crsdtion of a one
way pair street system along poinsettia Street and East Shore Drive; 4) the
installation of overhead guide signing at several locations throughout the
beach area; 5) the removal of traffic signals at the intersections of Causeway
Boulevard at Mandalay Avenue / Coronado Drive (between Pier 60 and the Marina)
and at South Gulfview Boulevard at Coronado Drive (in front of the Port Vue
. Motel), as a means of reducing delay to motorists; 6) the est~blishment of
numerous, clearly marked crosswalks along both Mandalay Avenue and South
Gulfview Boulevard; 7) a system of marked bicycle lanes along several beach
streets; and 8) the installation of sidewalks along both sides of Harnden and
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Coronado Drives (Construction of the proposed sidewalk would displace
approximately 440 existing parking spaces, located on City right-of-ways but
allowed under a long-standing policy).
David Little, Chairman of the Clearwater Beach Blue Ribbon Task Force
Parking & Traffic Subcommittee, reviewed the recommendations being made by the
task force. He said this plan was a combined effort of many and was designed
to benefit the Clearwater community as a whole. He said tonight only a small
segment of the overall proposal was being addressed. The entire plan was
focused to the future considering both the north and south beach streets, the
redevelopment district and a tram route to connect the beach to the mainland
to be implemented over a ten year period.
Traffic Engineer Peter Yauch said he has had discussions with beach
representatives. He said the task force plan has good ideas including
reduction of traffic entering the beach, the separation of beach and through
traffic and enhancement of the beachfront. He said implementation of the
entire plan being recommended is a tremendous undertaking involving
considerable expense, impact on property and a drastic change to the traffic
layout. He felt the resort zone concept proposed along South Gulfview
eliminates its use as a transportation facility and will no longer move
traffici Harnden and Coronado would be expected to.
Mr. Yauch proposed the following traffic operational improvements: (1)
guide signing improvements at various points along the beach streets to reduce
driver confusion and to separate through traffic from the beach-related
traffic: (2) geometic (channelization) improvements along South Gulfview
between its two intersections with Coronado, to improve driver guidance and
increase pedestrian safety; (3) implementation of a pedestrian barrier along
Coronado, between Causeway Boulevard and South Gulfview, to eliminate
pedestrian "jaywalking" in this congested area: (4) installation of sidewalk
along the east side of Coronado Drive and the west side of Harnden Drive, in
those areas that can be constructed without negatively impacting existing
backout parking spaces; (5) improvement of pedestrian crossings along Mandalay
Avenue between Baymont and Marianne Streets; (6) investigation into the
elimination of the sidewalk along the west edge of South Gulfview; (7)
conversion of South Gulfview parking lots into attendant parking facilities
(design underway due to 3/5/92 Commission action); (8) investigation into
expanding the South Gulfview lot (relocation of sand dunes may be
environmentally unacceptable); and (9) investigation into highway advisory
radio or matrix signing system.
In response to a question, Mr. Yauch indicated if a resort zone is not
adopted, a one-way pair system is not necessary. He indicated peak traffic
problems are for short periods of time and feels the police aides are doing a
good job.
Discussion ensued in regard to problems being created by people
gathering along sidewalks on South Gulfview.
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A question was raised if there would be enough room for both a stacking
lane and tram route if some of the width of South Gulfview is eliminated by
medians, and it was indicated the width would not be reduced but the existing
left turn lanes would be eliminated~
Ten citizens spoke in favor of implementing a traffic plan on the beach:
howeverf did not support one~way streets. It was felt this would adversely
impact properties and small motel businesses. Concerns were expressed
regarding the intersection of Harnden and Coronado, pedestrian safety and
remarks made at the Wade Trim Traffic Workshop not being taken into account
when the task force prepared their recommendations~ It was suggested that all
task force recommendations be scheduled to be addressed by staff. A suggestion
was also made to limit the openings of the Memorial Causeway Bridge.
A letter in support of the task force recommendations was submitted.
Discussion ensued in regard to enough traffic studies having been done
and it was felt it was time to finalize a plan.
There was discussion regarding the Ilresort zone" concept not being
understood by all, that the intent of this zone is to separate beach traffic
from through traffic. It was also noted that the cruising and noise
ordinances have benefited the beach.
Commissioner Regulski moved to to direct the Traffic Engineer to
finalize his proposals as presented in regard to the design of the attendant
parking lots, improved signage, pedestrian protection measures and
intersection improvements including the consideration of the removal of the
sidewalk on the west side of South Gulfview with no considerations regarding
mass transit, one-way streetsf a fixed bridge or reduced speed limit on South
Gulfview with the final proposal to be brought back to the Commission for
approval. The motion was duly seconded. Upon the vote being taken,
Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted lIaye,"
Commissioner Deegan voted "nay.1I Motion carried.
A question was raised whether to request the Coast Guard to limit the
openings of the Memorial Causeway Bridge and it was found not to be necessary
at this time. '
The City Manager noted the Pinellas Suncoast Transit Authority will be
discussed at the April 13th work session. '
ITEM #39 - Community Relations Board - 3 appointments (elK)
Commissioner Regulski moved to appoint Susan Diner to the At-large
category. The motion was duly seconded and carried unanimously.
Commissioner Regulsk; moved to appoint Charles Rutledge to the At-large
category. The motion was duly seconded and carried unanimously.
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Commissioner Fitzgerald moved to appoint Kay Vega Williams to the
property leasing category. The motion was duly seconded and carried
unanimously.
ITEM #40 N Plannina and Zonina Board N 1 appointment (eLK)
Commissioner Regulski moved to appoint Lois Martin. The motion was duly
seconded and carried unanimously.
ITEM *41 N Other Pendina Matters N none.
CITY ATTORNEY REPORTS
First Readina Ordinances
ITEM #42 NOrd. #5187-92 - Relatina to taxicabs; amending Sees. 61.01, 61.05,
61.26, 61.30, 61.31 & 71.13 and repealing Secs. 61.02 & 61.07
The City Attorney presented Ordinance #5187-92 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5187-92
on first reading. The motion was duly seconded and upon roll call, the vote
was:
UAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
IINaysll: None.
. Resolutions
ITEM #43 - Res. #92N26 - Reauestina Pinellas County to cancel and discharae
tax liens and arant tax exemptions upon municipal property acauired for public
purposes
The City Attorney presented Resolution #92-26 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution 692-26 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
,IIAyesll: Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
Other City Attorney Items
ITEM #44 - Reauest for Approval of Offer of Judament - Dail v. City
On November 12, 1990, a car driven by Carolyn Dail collided with a city
garbage truck. Allegedly as a result of that accident, Mrs. Dail suffered
injuries to her back (a herniated disc) which required surgery (laminectomy).
.
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While the surgery was successful, she continues to complain of pain and
discomfort.
Mediation was unsuccessful. Their last demand was $200,000 and the
City's last offer was $40,000. A trial date has been requested but no date
has been set.
An Offer of Judgment is a procedure whereby the City can make a
reasonable offer of settlement to the plaintiff. If she declines to accept
the offer and chooses to proceed to trial, she must obtain a judgment of more
than 125% of the City's offer. If she does not, then the Court may impose
sanctions equal to reasonable attorney fees and all reasonable costs of
litigation.
Commissioner Regulski moved to approve an Offer of Judgment for $40,000.
The motion was duly seconded and carried unanimously.
City Manager Verbal Reports
ITEM #45 - Set Date for BudQet Work session
A budget work session was scheduled for 9:00 a.m. on May 7, 1992 and a
special meeting to discuss downtown issues was scheduled for 9:00 a.m. on
April 28, 1992.
Other Commission Action
Commissioner Fitzgerald requested consideration of canceling the July 2,
1992 meeting due to the July 4th holiday weekend. Consensus to agenda for the
next meeting. He reported that the meeting of the Mayors Council in North
County will be held in Safety Harbor. He reported there is a concern
regarding the County Charter Review Committee recommendations impacting City
Home Rule and requested monitoring.
Commissioner Berfield questioned the status of the Sign Certificate of
Appreciation and it was indicated the final version will be ready for review
at the next meeting. She reported she will not be at the June 4, 1992
Commission meeting due to Pinellas County School Graduation Day.
Commissioner Deegan questioned the status of individual Commission
appointments and it was indicated he would need to appoint a replacement for
former Commissioner Nunamaker1s appointment to the Budget Advisory Committee.
Discussion ensued in regard to the individual City Commission
appointments to the Environmental Advisory Committee (EAC) ending with the
appointing Commissioner1s term.
Commissioner Berfield moved that terms of individual Commissioner
appointments to the Environmental Advisory Committee end with the appointing
Commissioner's term. The motion was duly seconded and cArried unanimously.
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The City Clerk said she would notify former Commissioner Nunamaker.s
appointee. (It was later discovered that in the proposal for the formation of
the EAC, it was stated that those individuals appointed by individual
Commissioners would serve a three year term. Therefore, Commissioner
Nunamaker's appointee's term will not expire until October 31, 1993.)
Ad.iournment
The meeting adjourned at 11:30 p.m.
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