05/21/1992 (2)
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CITY COMMlSS10N MEETINQ
May 21,1992
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, May 21. 1992 at 6:00 p.m., with the following members present:
Rita Garvey
Richard Fitzgerald
Lee Regulski
Sue Berfield
Arthur X. Deegan, II
Mayor/Commissioner
Vice~Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Michael J. Wright
Paul Richard Hun
William C. Baker
James Polatty, Jr.
Sue Diana
Susan Stephenson
City Manager
Assistant City Attorney
Public Works Director
Planning and Development Director
Assistant City Clerk
Deputy City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Reverend Del Copeland of First United Methodist Church.
. In order to provide continuity for research, the items wIll be listed in agenda order although
not necessarily discussed in thot order.
ITEM #3 - Service Pin Awards
No service pins were awarded to City employees.
ITEM #4 - Introductions and Awards
The Mayor presented the March 10, 1992 Solid Waste Association of North
America Sunshine Chapter Truck Road~E~O awards to four City employees. City
employees will be representing the City of Clearwater and the State of Florida at the
International Competition in Texas on June 24, 1992.
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Proclamations:
Water Safety Awareness Week ~ May 25~31. 1992.
It was announced a Water Safety Fair will be held at the Long Center on May 30,
1992. .
Safe Boating Week. June 7.13. 1992.
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ITEM 115 - Presentations
Howard Groth of the Clearwater Housing Authority presented a check to the City
for $10.000 in lieu of tax9S. He said in October the CHA will receive approximately
$800.000 from HUD for a modernization program indicating the CHA Is in a strong
financial situation with adequate reserves that meet HUD standards. He indicated the
Wilma Barber Children's Library to be located in Condon Gardens has been started and
indicated a need for books and volunteers. It was the consensus of the Commission for
the City Manager to meet with Mr. Groth next week to discuss using a portion of the
$10.000 presented to the City for books and/or furnishings for the library.
ITEM #6 - Minutes of the Regular Meetina of Mav 7. 1992 and Soecial Meeting of Aoril
28. '99~
Commissioner Deegan requested on page 17, Item #48 - Allocation of the School
Board Property to the Clearwater Airpark, the sentence containing the words "displaced
threshold" be deleted as this wording was found to be confusing and was not included in
the Airpark plan.
Commissioner Deegan moved to approve the minutes of the regular meeting of May
7, 1992 as amended, and the special meeting of April 28, 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 ra items not on the Aaenda
Robert Clarke spoke negatively about various governmental and social agencies. He
also touched on'the excessive force used in the Rodney King incident. He requested an
apology from the County Courts.
Yacub Bilal expressed concern that Ervin Harris All American Youth Club was being
singled out to give an accountability of COSG funding received. He presented his
interpretation of the meaning of the colors, stars and stripes of the American flag. '
Fred Thomas inquired whether the new City Hall issue would be open for discussion
and it was indicated a special meeting is scheduled on June 9. 1992 at 6:00 p.m. He
inquired about a needs study and it was indicated a study was performed in January 1991
and has recently been updated. He indicated his pleasure with the Pier 60 project designs
and his desire for a second story. Concern was expressed that the ramp required for
handicap access would destroy the view.
PUBLIC HEARINGS
ITEM #8 - (Cant. from 517/92) COSG Annual Grantee Performance ReDart for 1990/91 -
receive public comment (PLDl
The Grantee Performance Report is the principal administrative report documenting
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the City's expenditures of Community Development Block Grant (CDSG) funds to the
Department of Housing and Urban Development (HUD). It serves as the basis for program
monitoring for compliance and for financial audits. HUD also compiles statistics regarding
the effectiveness and benefits of the program from information contained in these reports.
The City received 8 grant award of $679;000 for 1990.91 under the Federal COBG
program. Total expenditures for the fiscal year were $1,069.166. Revenues expended
were derived from the grant award, program income, and unexpended balances carried
over from prior years' housing rehabilitation activities. Expenditures for social services,
housing services, and salaries and expenses of the Community Development Division of
the Planning and Development Department were included in the 1990-91 program. All
expenditures met HUD criteria for program beneficiaries. .
All COSG recipients are required to hold a hearing to receive public comment on the
Grantee Performance Report.
Mr. Polatty discussed the issue of advertising and stated the City has met the
federal standards. The administrative report of the City's expenditures is subject to
financial audit.
A citizen and resident of the South Greenwood neighborhood expressed concern
that notification of this public hearing did not reach the low and middle income residents
and questioned whether the federal and state standards for notification have been met.
She expressed concern whether property owners have been properly informed of the
appeal process to the Neighborhood Advisory Committee regarding the housing
rehabilitation program. She expressed concern regarding the insensitivity to the residents
of the targeted neighborhoods in using the wording "slum and blight area" on the 1991
map and asked that this area be referred to as "housing reconstruction and conservation
area" as in Resolution #91-13. This wording is to be changed. She stated she was not
singling out any particular group regarding accountability of COBG funding and said all
monies needed to be accounted for.
ITEM #9 - ICont. from 517)92) Variances to Sign Regulations for orooerty (Fortune Federal
Savings 8t 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)
The applicant is requesting two variances to retain and utilize an existing property
identification (pole) sign with 77 square feet of surfa~e area. This pole sign is located
along US19 on the Grant Plaza property, north of the main entrance to the plaza. The
property is zoned Commercial Center (CC).
The applicant's property has been split from the original development of Grant
Plaza. There are no records that indicate approval of this property division, therefore it is
not recognized by the City. Unrecognized property splits of this type have raised a
question regarding the appropriate classification of such properties for determination of
allowable signage. If the applicant's property is considered Dart of Grant Plaza, it is
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entitled to one business identification sign (attached sign) not to exceed 1.5 square feet
per lineal foot of building width or 45 square feet, whichever is less (minor tenant);
however, is n21 entitled to a separate property identification (free standing) sign. In this
case, the requested variances for a pole sign are actually variances for Grant Plaza and not
for the applicant. As the property split creating the applicant's lot is not recognized by the
City, staff feels the applicant's property should be considered a part of Grant Plaza and the
signage judged accordingly.
If the applicant'S property were to be considered a seDarate lot, then it would be
entitled to: 1) a property identification sign of up to 84 square feet (for buildings
containing under 50,000 sq.ft. of gross leasable floor area); and 2) a business
identification (attached) sign not to exceed 1 5 square feet.
The sign in question is an existing 36 foot high pole sign with a surface area of 77
square feet. The applicant proposes to reduce the height to 20 feet (which Is the
permitted maximum height for this size pole sign in this district) and retain the 77 square
feet surface area of the sign.
Regarding the applicant's property, the placement of Brenton Reef Restaurant and a
multi-story office building on the northeast and southeast corners of Belleair and US 19
respectively, together with the setback from US19, restrict the visibility of signage on the
applicant's property from vehicles travelling US19.
The owners of Grant Plaza have provided a perpetual easement to the applicant for
the utilization of the existing 77 square foot pole sign. This easement permits the
applicant to maintain the sign and to modify it as long as the size of the sign is not
increased. The City's sign regulations permit the applicant to change the message on this
sign provided it is not otherwise altered, and to retain the sign until the amortization date
of October 13, 1992, at which time it must be removed unless a variance for its
continuance has been obtained.
Under a more liberal interpretation of the development of this shopping center,
where the applicant's property and the other three properties "split" from the original
development are considered "out-parcels" and entitled to signage as freestanding
businesses, the sign in question becomes an off premise sign placed by the applicant on
the property owned by Grant Plaza. It would be the second sign on the property remaining
in the shopping center proper. However, the total frontage on US19 would be
approximately 203 feet. Under this scenario, Grant Plaza would only be entitled to a
single property identification sign. The applicant's sign is only .:I:. 130 feet north of
Wendy's pole sign and J:.. 151 feet south of the old New York New York pole sign. In
granting variances for additional property identification signs. the City has taken into
consideration the placement of the requested sign to other signage in the area. The sign in
question does not mest this guideline. If this scenario for the plaza is accepted, staff
recommends denial of the requested variance for an additional property identification sign,
and thus denial of the applicant'S second request for additional surface area for such a
sign.
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George Greer, attorney representing Mr. Paxton, the applicant, presented the
history of the property including the signage. He noted the applicant's property was
deeded to the developer in April 1971. The sign in question is located on a perpetual
easement given by HSN and and is considered to be an on-premise sign. He indicated a
problem exists in his client meeting the 150 foot separation requirement between signs
due to the Wendy's sign not being positioned in the center of their property.
Elizabeth Waters, representing Home Shopping Network Realty, said HSN bought
the property subsequent to it being subdivided and the perpetual easement being granted.
She did not object to the applicant's request but expressed concern it may restrict theirs
and their tenants' signage.
In response to questions, it was indicated Wendy's sign was permitted after the
applicant's sign and is the most recent. Discussion ensued in regard to whether on-
premise signs are required to be located on the property and it was indicated this would be
addressed in the forthcoming code revisions.
Discussion ensued in regard to the property not being subdivided according to city
standards. It was indicated this problem was recognized several years ago and a policy
for "unity of title" was established to control this situation.
In addition to the parcel in question, the property has been subdivided into parcels
deeded to Wendy's, Shell, Brenton Reef and Home Shopping. The parcel occupied by New
York New York is part of the Levitz/Grant Plaza and is leased as a separate building.
Concern was expressed regarding other shopping centers where parcels have been
subdivided and deeded from the main parcel without following the proper steps for
subdividing; the decision here could set a precedent.
Discussion continued regarding the history and the subdivision of this property and
it was felt legal research needed to be done on this property before a decision could be
made.
There was discussion regarding whether or not the subject property wes considered
to be a separate parcel and if so, it was questioned whether a variance would be required.
It was felt the overall signage on entire properties including the outparcels should
be considered before decisions are made. Staff indicated in the future all background
information such as when parcels have been subdivided, signage, etc. will be given for
requests involving shopping centers.
Commissioner Fitzgerald moved to continue this item to the regularly scheduled
meeting of June 18, 1992. The motion was duly seconded and carried unanimously.
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ITEM 1110 - (Cont. {rom 50/921 Public Hearina & First Readina Or~. #5193-92 - re:
specific floor area standards for certain classes of accessory uses~ classify an Individual
dwelling unit attached to a hotelfmotel as an accessory US8, amending 58C.136.008
(lDCA92-06HPLD)
Staff recommends a second continuance of this item to allow additional time to
develop more information addressing Commission concerns.
Commissioner Berfield moved to continue this item to the next regularly scheduled
moeting of June 4, 1992. The motion was duly seconded and carried unanimously.
fublic Hearing - Sacond Reading Ordinances
ITEM #11 - Ord. #5189-92 - ra: increase maximum heiQht for structures in all Sinele
~amilv zoning districts and the Mulliole Familv "8" and "12" zoning districts, amending
Sees. 135.011. 135.017,135.023,135.029,135.035,135.036, 135.037,135.043,
135.044 and 135.045 (LDCA 92-02)
The Assistant City Attorney presented Ordinance #5189-92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5189-
92 on second and final reading. The motion was duly seconded. Upon roll call, the vote
was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
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"Nays": None.
ITEM #12 - Old. #5190-92 - re: Art Galleries/Studios as a permitted use in certain
district~, amending Sees. 135.086, 135.092, 135.104, 135.110, 135.116, 135.122,
135.128, 135.134, 135.141, 136.025 and 137.005 (LDCA 92-03)
The Assistant City Attorney presented Ordinance #5190-92 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5190.92
on second and final reading. The motion was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #13 - Ord. #5191-92 - re: use restrictions for Indoor Retail Sales. Personal Services.
Restaurant Qnd Indoor Commercial RecrsCltion/Entertainment oermitted uses in the Resort
Commercial" 24" and n 28" districts, amending Secs. 135.110 and 135.116 (LDCA 92-04)
The Assistant City Attorney presented Ordinance #5191-92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5191-
92 on second and final reading. The motion was duly seconded. Upon roll call, the vote
was:
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"Ayes": Regulski, Fitzgerald, Berfleld, Deegan and Garvey.
"Nays": None.
JTEM #14 - Ord. #51 92-92 ~ Fe: certalnlQnd use BDpllcotlons may not be flied If a similar
aDclicatlon relatino to anv Dart of the same Dro~rtv was denied within certain speclfle~
time limits, amending Sec. 137.029 (LDCA 92-05)
The Assistant City Attorney presented Ordinance #5192.92 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5192~92
on second and final reading. The motion was dulv seconded. Upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald. Berfleld, Deegan end Garvey.
"Nays": None.
ITEM #15 - Ord. #5194-92 - re: Vrtterinarv Offices and Animal Grooming and/or Boarding
Facilities, amending Sees. 135.135 & 136.025 (LDCA 92.01)
The Assistant City Attorney presented Ordinance #5194.92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #6194-
92 on second and final reading. The motion was duly seconded. Upon roll call, the vote
was:
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"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM 1/16 - Ord. #5196-92 - Vacating Pine Street r~o.w lv/no N of elks 1 and 2 and S of
Blks 3 and 4. Starr and Savery's Addition to Clearwate( (Church of the Ascension V92~02~
The Assistant City Attorney presented Ordinance #6196-92 for second reading and
read it by title only. Commissioner Barfield moved to pass and adopt Ordinance 86196-92
on second and final reading. The motion was duly seconded. Upon roll call.:the vote was:
"Ayes": Regulski, Fitzgerald, Berfleld, Deegan and Garvey.
"Naystt: None.
ITEM #17 - Ord. #5202-92 - Vacath1g easterly 5' of westerly 10' utility easement tYing in
Lot 41. Countryside Tract 66. Unit 2 Su\;>o (Garrett V92-04)
The Assistant City Attorney presented Ordinance 86202-92 for second reading and
read it by tide only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5202~
92 on second and final reading. The motion was duly seconded. Upon roll call. the vote
was:
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"Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #18 . Ord. #6203.92 - Vacating N 2' of S 10' drainaee and utility easement Iyine in
Lot 32. Countryside Tract 5 Sub.. less easterly 5' (Casey V92-06)
The Assistant City Attorney presented Ordinance #5203.92 for second reading and
read It by title only. Commissioner Berfield moved to pass and adopt Ordinance #5203-92
on second and final reading. The motion was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM # 19 . Ord. #5204.92 . Annexation for orooerty located at 3169 Drew Street. Crystal
Hftlahts Sub.. Unit 1. lot 8. 0.22 acres (Tark A91-01 r lUP91-01)
The Assistant City Attorney presented Ordinance #5204-92 for second reading and
read It by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5204-
92 on second and final reading. The motion was duly seconded. Upon roll call, the vote
wes:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
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"Nays": None.
ITEM #20 - Ord. #6205.92 - land Use Plan Amendment to low Densitv Residential for
P[008rtv located at 3169 Drew Street. Crvstal Heiahts Sub.. Unit 1. Lot 8. 0.22 acres
(Tork A91-01, lUP91-01)
The Assistant City Attorney presented Ordinance #5205-92 for second reading and
read It by title only. Commissioner Berfield moved to pass and adopt Ordinance #5205-92
on second and final reading. The motion was duly seconded. Upon roll call, the vote was:
"Aves": Regulski. Fitzgeratd, Berfield, Deegan and Garvey.
"Naysll: None.
ITEM #~1 - Ord. #5206-92 - RS-8 Zonina for orooerty located at 3169 Drew Street.
Crvstal Heights Sub.. Unit 1. lot 8. 0.22 acres (Tark A91-01, LUP91-01)
The Assistant City Attorney presented Ordinance #5206-92 for second reading and
read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5206-92
on second and final reading. The motion was duly seconded. Upon roll call, the vote was:
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"Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
ITEM 1'-22 - Ord. #5207-92 . Annexation for DroDertv locat~d at 3407 Oak Creek Drive
East. Oak Creek at Countryside. Lot 10. 1.00 acre (AUmono. A91-05, LUP91-06)
The Assistant City Attorney presented Ordinance 1/5207-92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5207-
92 on second and final reading. The motion was duly seconded. Upon roll cell, the vote
was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #23 - Old. #5208-92 - Land Use Plan Amendment to Low Densitv Residential for
prODf)rtv located at 3407 Oak Creek Drive East. Oak Creek at Countryside. lot 10. 1.00
~ (Alimonon A91-05, LUP91-06)
The Assistant City Attorney presented Ordinance #5208-92 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5208-92
on second and final reading. The motion was duly seconded. Upon roll call, the vote was:
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"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #24 - Ord. #5209-92 - RS-2 Zonina far oraoerty located at 3407 Oak Creek Drive
E.tit. Oak Creek at Countryside, Lot 10, 1.00 acre (Alima nos A91-05, LUP91-06)
The Assistant City Attorney presented Ordinance #5209-92 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5209-
92 on second and final reading. The motion was duly seconded. Upon roll call, the vote
was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
CITY MANAGER REPORTS
GONSENT AGENDA (Items #25 -42) - Approved as submitted.
The following iter:ns require no formal public hearing and are subject to being approved in a
single motion. However,' any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on'the item individually.
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Aareements - Approved.
ITEM #25 - Lease Aareement for marina butldlnq rooms 20. 21. 22. 23 and second floor
closot to David Petrik. ODS. for the Deriod 6/1/92-5/31/97 for $43,500 plus $3,000 for
electrical service for a total of $46,500 (MR)
Bids & Contracts - Awarded.
ITEM #26 - Purchase of miscellaneous office 8uDDlles from TamDa Office SUDDlies. Tampa,
FL, for the period 5/22/92-5/21/93, at a standard discount of 55% from catalog list price
(an est. $80,OOOHAS)
ITEM #27 - Purchase of envelODes from TamDa EnveloDe Manufactltling, Tampa, FL, for
the period 5/14/92-5/13/93, at an est. $14,748.05 (AS)
ITEM #28 - Two vea( ~antract for DUTchase of Bioassay Tests far the Water Pollution
Control Divisian to Marinca Laboratory. Sarasota, FL, for the period 6/1192-5/31/94 for
$20,200 (PWI
ITEM #29 - Three vear contract for Durchase of Sodium HYDochlorite Bleach for use by the
Water Pollution Control Division to Custom Controls. Inc., Ocala, FL, for the period 6/1192-
5/31/95 for $61,050 (PW)
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ITEM #30 - Purchase of a natural gas Dowered emeraency generator with transfer switch
for the EmergencY ODoration Center and Police Deosrtment from Seacoast Eauioment
Corn.. Miami, FL, for $18,877 equipment; $300 freight and $8,500 installation cost by
City forces for a total cost of $27,677 (PW)
ITEM #31 - Purchase of front-end4oadina refuse containers and SDare Darts from Industrial
Refuse Sales. Inc., Lakeland, FL, through the existing contract (11/1 6/90-9/30/92) by
increasing the amount from $250,000 to $315,000 (PW)
ITEM #32 - Torms of Delivery & Installation of the Ross System Finance. Budaet.
Purchssina and Inventorv software at an est. $168.594 and hardware at an est. $ 181 .286
from Digital Eauiement Core., Tampa, FL, 5 year lease/purchase through AT&T Credit
Corp. for the hardware and a 5 year toan from the City's Central Insurance Fund for the
software, to be repaid in five annual, equal payments together with interest at the cash
pool rate and $131,741 of additional associated expenditures for 8 total of $481,621 (AS)
ITEM #33 - Extension of contract for installation of 9aS mains and service lines to Visk
Construction, Inc., Riverview, FL, for the period 5/22/92-11-30/92, for an est. $152,425
(GAS)
Citizens & Staff Reauests - Approved.
ITEM #34 . The City of Clearwater Comouterlzation Lona Range Plan (AS)
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ITEM #35 - City v. Brenda Evans rmortcage foreclosuret - Permission to bid on croDertv at
foreclosure sale In an amount up to and Including $30,000
ITEM #36 - Res. '92-21 - Reoetltlve Loss Plan. Community Ratina System (PLOt Cant. to
6/4/92
Chance Orders - Approved.
ITEM #37 - C.O.#6 for Stevenson's Creek ChannellmDrovements Phase I to Kimmins
Contractina Core., Tamps, FL, increasing the amount by $12,440 for a new contract total
of $1,351,770.42 (PW)
Plans & Plats - Approved.
ITEM #38 - Preliminarv Plat for Rocer's Rea' Pit BaT.S-Que located on the NW corner of
Sunnvdale Blvd. and Belcher Rd. (Nielsen/Lemon)[PLD) Receive the preliminary plat with
supplementary drawing and authorize the Development Review Committee CD.R.C.) to
approve subject to: 1) Signs and fencing/wails are subject to separate review and
permitting processes; 2) Delineate the drainage utility easement; 3) The Florida Power
Corporation utility easement must be delineated on the final site plan and the preliminary
plat along the western portion of the property; and 4) If the sale of alcoholic beverages is
proposed I an application must be filed with this request.
Receiot & Referral - Received and Referred.
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ITEM #39 - Annexation. Land Use Plan Amendment and RS-6 Zonina for Drooertv located
at 2184 Burnice Dr.. Glen Ellvn Estates. Lot 3. 0.21 acres (Jones A92-03, LUP92-10HPLD)
ITEM #40 - Annexation. land Use Plan Amendment and RS-8 Zanina for orooertv located
at 1741 West Manor Ave.. Clearwater Manor. Lot 40. 0.14 acre (Tucker A92-05, LUP92-
11 HPLD)
ITEM #41 - Annexation. Land Use Plan Amendment and RS-S Zoning for orooertv located
at 1748 West Manor Ave.. Clearwater Manor. S 60' of Lots 23 & N 10' of Lot 24.0.20
~ (Shower A92.06, LUP92-12)(PLD)
CITY A TIORNEY
Agreements. Deeds & Easements
ITEM #42 - Assianment Aareement - Coachman Downtown Center Associates to The
Chase Manhattan Bank (Coachman Building)
Commissioner Berfield moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
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OTHER ITEMS ON CITY MANAGER RepORT
ITEM #43 - Res. #92.35 - approvlnp the PIQjlUne Crossin; Aareements f3E9812a with CSX
TransDortation. Inc. ~PW)
The City of Clearwater has begun construction of the Marshall Street South
Interceptor Sewer and Reclaimed Water Supply. Phase I, City Project No. WPC 090690. A
portion of the work will require the placement of a 30 Inch Reclaimed Water Pipeline and a
30 inch Sanitary Sewer Interceptor beneath CSX railroad tracks at the Clearwater Country
Club. These crossings are needed to complete the project. The CSX railroad requires 0
Pipeline Crossing Agreement and a resolution by the City approving the agreement for
these crossings. The cost to the City for this agreement is $2,025 to meet the railroad
requirements of a Construction Risk Insurance Fee and a one-time license fee. The City
needs to have all of the required permits prior to construction of the crossings. The
available balance in this project is sufficient to provide funds for this agreement.
Commissioner Regulski moved to approve the Pipeline Crossing Agreements RE-
98126 with CSX Transportation. Inc. The motion was duly seconded and carried
unanimously.
The Assistant City Attorney presented Resolution #92-35 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #92-35 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 #44 - Pinellas County Industry Council . Clearwater's reDresentatjv~ [elK)
The City of Clearwater appoints two members to the Pinellas County Industry
Council (PCIC), one of whom shall be a member of the Bay Area Manufacturers
Association (BAMA).
Mr. Oliver Woodruff has been a City representative on the pCle since 1980 with
his current term having expired May 6, 1992. The BAMA has requested that Mr.
Woodruff be reappointed for another term.
Commissioner Deegan is Clearwater's other representative on the PCIC.
Ouestions were raised as to whether terms of representatives should be limited to
six years and whether Mr. Woodruff should be reappointed as it will take him a month or
so to recover from a health problem.
The Mayor requested this item be continued so that a list of all BAMA members
could be provided.
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Commissioner Berfield moved to continue this Item. The motion was duly seconded
and carried unanimously.
ITEM #44a - Res. #92~39 - urolno the members of the Florida Conoresslonal Dolooatlon to
take cortain actions with reoard to orooosed flood Insurance leolslation currently before the
United States Senate
The Assistant City Attorney presented Resolution #92-39 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #92-39 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #45 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
First Reading Ordinances
ITEM #46 - Ord. #5220-92 - Vacatino 5' utility easement lYing alonG S orooertv line of Lot
11. Oak Creek at Countryside Sub.. less easterlv 5' and westerly 5' (AUmonos V92.05)
.
The Assistant City Attorney presented Ordinance #5220.92 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5220-92 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield., Deegan and Garvey.
"Nays": None.
ITEM #47 - Other City Attornev Items - None.
ITEM #48 . City Manager Verbal Reoorts - None.
ITEM #49 - Other Commission Action
Commissioner Fitzgerald complimented the Police Department on their prompt
action in apprehending the suspects in the recent Albertson Store robbery. He announced
a County Charter Review Meeting will be held tomorrow at 2:00 p.m.
Commissioner Berfield expressed concern regarding an inappropriate comment
made by a City employee at a public function.
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Commissioner Berfleld Inquired as to whether swimming pool enclosures Bre
required. It was stated this is regulated by Insurance companies on a case by case basis.
She also inquired as to whether anything could be done about the alcohol and trash
problems on the Sand Key Bridge caused by fishermen and questioned whether fishing
can be restricted to one side of the bridge.
Commissioner Deegan thanked staff for providing information on the FEMA
discount and noted for the public the 5% FEMA premium discount became effective
October 1. 1991 with 8n additional 5% available this October. He questioned the mid year
report of the Downtown Development Board provided by staff and expressed concern
regarding an alleged threat of sunsettlng the DDB. It was indicated there is an annual
review of the DDB by the Commission who has the authority to decide whether or not to
sunset this board. '
A budget meeting was scheduled to be held after the Work Session on June 1,
1992.
ITEM #50 - Adjournment
The meeting adjourned at 8:40 p.m.
ATTEST:~" " ~ c:;'~~ J).c~
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