10/01/1992 (2)
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CITY COMMISSION MEETING
October 1, 1992
The City Commission of the City of Clearwater met In regular session at City Hall,
Thursday, October 1, 1992 at 6:00 p.m., with the following members present:
Rita Garvey
Richard Fitzgerald
Lee Regulskl
Sue Berfield
Arthur X. Deegan, If
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James polatty, Jr.
Cynthia E. Goudeau
Mary K. Diana
Mayor/Commissioner
Vice~Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
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In order to provide continuity for research, the Items will be Hsted In agenda order although
not necessarily discussed In that order.
ITEM #3 - Service Awards - none.
ITEM #4 - Introductions and Award~
Proclamations:
A. Fire Prevention Week - October 4-10, 1992.
B. Spinal Health Month - October 1992.
ITEM #5 ~ Presentations ~ none.
ITEM #6 - Minutes of the Regular Meetina of SeDtemb~r 17. 1992
Commissioner Regulskl moved to approve the minutes of the regular meeting of
September 17, 1992, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
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ITEM #7 - Citizens to be heard re Items not on the Agenda
John Wlse[ reported on Countryside Day and requested the Commission consider
their forthcoming recommendations for the Countryside Community Center. He stated, if
the City built the centor, they would furnish it. He said a cooperative effort Is being
sought and that Florida Power has donated adiacent land for parking.
CIQrk Weaver requested discussion regarding curbing on west side of Glenwood
Avenue be agendaed. He provided letters regarding the Southwest Florida Water
Management District (SWFWMO) having no problems with the curb. He felt this project
should not be done through an assessment program. He reported Clearwater has been
selected for the International Beach Volley Bait Hall of Fame. He requested the
Commission support MIA/POW efforts.
,John Meek. Jr. complained the Commission is not listening to the community. He
stated all concerns had not been taken into consideration In passage of the City of
Clearwater sign code. The Commission indicated olot of input had been received from the
community when the sign ordinance was adopted in 1985 and the community has had
seven years to comply. They also stated not agreeing does not mean they are not
listening.
Fred Thomas requested Item #22 be removed from the Consent Agenda.
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Ken Hes5le~ requested consideration of allowing skating on Clearwater Beach and
requested a meeting with staff. The City Manager recommended approaching the
Clearwater Beach Association as the first step. A primary concern expressed was the
skater's safety.
Steve SallgQ and Bob Bick~rstaffe requested consideration of appointing
Commissioner Aegulski to fill the remainder of his term.
PUel-lC HEARING~
ITEM #8 - Puplin Hearjng & First Readina Ords. #5269-92. #5270-92 & #5271-92 ~
Annexation. ~and Use Plan Amendment to Low Density Residential and RS-4 Zoning for \
DroDarty located at 1836 Brf'ntwood Dr.. Lake Lela First Add.. Lot 5,0.25 acres (Johnston
A92~09, LUP92-16)(PLD) ,
The applicant is requesting annexation in order to obtain City sewer service. The
area is developed as single family residential. The applicant's lot is contiguous to the City
on its east and south (street) sides. The lots to the east, northeast and southwest have a
City Future Land Use Classification of Low Density Residential and RS-4 Zoning. The
remaining lots surrounding the applicant's lot are in the County and have a County Land
Use Classification of Low Density Residential and County R-4 Zoning, minimum lot size of
7,500 sq.ft.
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It is proposed the applicant's property be given the same Land Use Classification 8S
the lots in the immediate BreB that are in the City. The appUcant's lot meets the
dimensional requirements of the RS.4 district.
At their September 15, 1992 meeting, the Planning and Zoning Board
recommended approval for this request.
The Countywide Land Use Classification of Low Density Residential (5 u.p.a. msx.)
for this lot has a less intense maximum density than the least intense City classification,
Low Density Residential (8 U.p.8. max.). Pinelles County Planning Council review of the
City's proposed Land Use Classification will be required.
Commissioner Regulski moved to approve annexation, a land use plan amendment
to low density residential and RS-4 zoning for the subject property. The motJon was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5269-92 for first reading and read it by
title only. Commissioner Regulski moved to pass Ordinance #5269~92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5270~92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5270-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5271-92 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5271-92 on first reading.
The motion was duly seconded and upon roll call, the votB was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None;
ITEM #9 - Public Hearing & First ReadinQ Ords. #5212-92. #5273.92 & #5274-92 -
Annexation. Land Us~ Plan Amendment to Low Densitv Residential and Rs-a Zoning for
DrODertv located at 1216 [junco" Ave. S.. Oak Acres Add.. Blk E. Lot 6. 0.35 acres
(Bacun A92.08, LUP92-15UPLD)
The applicant is requesting annexation in order to obtain City sewer service. The
araa is developed as a single family residential community. ,The applicant'S lot is
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contiguous to the City along Its north, east and south property lines, and the adjacent
properties In these directions all have 8 City Land Use Classification of Low Density
Residential and RS.6 Zoning. The property to the west of the appUcant's lot Is in the
County and has a County Future Land Use Classification of Low Density Residontlal (5.0
ups max) and County R-3 Zoning, minimum lot size of 6,000 square foet,
It Is proposed that the applicant's property be given the some Low Density
Residential Classification and RS-6 Zoning as the other properties in the Immediate vicinity
which are in the City.
At their September 15, 1992 meeting, the Planning and Zoning Board
recommended approval for this request.
The Countywide Land Use Classification of Low Density Residential (5 u.p.a. max.)
for this lot has a less intense maximum density than the least intense City classification,
Low Density Residential (8 u.p.a. max.). Pinellas County Planning Council review of the
City's proposed Land Use Classification will be required.
Commissioner Fitzgerald moved to approve annexation, a land use plan amendment
to low density residential and RS-6 zoning for the subject property. The motion was duly
seconded and carried unanimously.
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The City Attornev presented Ordinance #5272-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5272-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5273-92 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5273-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5274.92 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5274.92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
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ITEM 1110 . Public Hsarloa & First Reading Old.. 'S215-QZf 't)276-92 8c '5277.92 .
Annexation. Land Use Pion Amendment to Publlc/Saml-PubUc and P/SP ZonlnQ! for nroDertv
locat,d 8t 2989 Union St.. Sec. 5-29-16. M&B 11.08, 2.6 acres (Sylvan Abbey Memorial
Park A92-10, LUP92-'7)lPLD)
Prior to this request, this property was the subject of an Agreement to Annex dated
June 9, 1986, which was executed to enable the applicant to obtain City water service.
ThA lot Is immediately south of Elysium Subdivision across Union Street. The portion of
Union Street between the applicant's property and Elysium Subdivision is to be annexed
together with the applicant's property, making the property to be annexed contiguous to
the City. The Sylvan Abbey Cemetery Is to the west of the parcel to be annexed and has
a County Land Use Classification of Open Space. The land to the south and oast is also in
the County and has a Land Use Classification of Suburban Low Density Residential. At
present, the properties to the immediate east and Immediate south are vacant. Elysium
Subdivision to the north is in the City and has a City Land Use Plan Classification of Low
Density Residential and RS-6 zoning. The lot just to the north of the applicant's is vacant.
The applicant has purchased this parcel which lies adjacent to the cemetery for use
as an administrative center for the cemetery and has received permission from the County
to expand the cemetery to include the parcel proposed for annexation. The applicant
wants to modify the existing structure on the site. In order to do so, the County is
requiring that the applicant connect the structure to the available City sewer which is in
Union Street in front of the property.
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It is proposed to give the property to be annexed a future Land Use Classification
of Public/Semi.Public and P/SP zoning. The minimum area for the establishment of a P/SP
district is one acre. The applicant's property is 166.8 feet wide by 635.5 deep and
contains approximately 2.5 acres. Cemeteries, columbariums and mausoleums are
permitted uses within a P/SP district.
The present address for this property is out of sequence and should be changed to
2901 Union Street upon annexation.
The Countywide Future Land Use Plan Classification will change from Residential to
Public/Semi-Public and will require Pinellas County Planning Council approval.
Commissioner Deegan moved to approve annexation, a land use plan amendment to
Public/Semi-Public and P/SP zoning for the subject property. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5275-92 for first reading and read it by
title only. Commissioner Regulski moved to pass Ordinance #5275-92 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": Regulslci, Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
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The City Attorney presented Ordinance N5276~92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance 15276-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey.
"Nays"; None.
The City Attorney presented Ordinance #5277-92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5277~92 on first reading.
The motion was duly seconded and upon roll call, tho vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM # 11 - (Cant. from 9117/92~ Variances to Sign Reaulations for Drooortv located at
, 500 Bensalr Rd.. Sec. 23-29-15. M&B 34.04 (Fortune Fed'l S&L Assn/Fortune Bank
SV92-'4)(PLD)
The applicant is requesting variances to permit an existing pole sign 15 feet in
height and to permit an addition to the pole sign to advertize an Automatic Teller Machine
(A 1M) at this location.
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Concerning the first request, in Oecember 1991, the City issued a sign permit to
allow a face change and relocation of this 24 square foot pole sign. The owners were
responding to notification that their pole sign was less than the required five foot minimum
setback from their property line. The sign survey did not make note that the pole sign was
over the allowable height, and, consequently, the owners were not notified of this
violation.
The applicant's property on the northwest corner of Highland and Belleair is zoned
OL, while the surrounding property to the north, east and west is commercially zoned; to
the south there is a condominium development under the jurisdiction of the City of Largo.
The maximum sign height in an OL district is six feet under the current sign regulations;
this height is proposed to be eight feet in the revised regulations. The commercially zoned
property around the bank is permitted pole signs up to 20 feet in height.
Staff feels the requested height variance is warranted because the sign height is
less than other nonresidential signs at this intersection; the area of the sign is less than
that allowed for surrounding commercially zoned properties; and notification of the sign
being over height was not provided to the applicant so that it could be corrected when the
sign was moved back from the property line.
Regarding the request for an addition of a sign panel of six square feet to advertise
'the ATM, the existing pole sign has the maximum surface area permitted for an OL
district, 24 square feet, and the added service of the A TM is not considered justification
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for 0 variance for additional surface area for freestanding signage. It should be noted that
If this property was commercially zoned like the surrounding nonresidential development,
the bank would be allowed 8 freestanding sign of 64 square feet or larger, depending on
the applicable commercial zoning classification.
Catherine Nixon, representing the applicant, stated the A TM sign will identify the
bank provides this service.
Discussion ensued regarding the surrounding area and concern was expressed the
request for the 6 square foot ATM sign was not minimal. It was felt ATMs are universal
at banking facilities and did not need to be advertized: Ms. Nixon indicated this service is
not avaifable at all Fortune Bank locations.
Discussion ensued in regard to the history of this property and it also being
surrounded by commercially zoned property which allows larger signs.
There was al5;o discussion regarding whether the A TM sign would be illuminated.
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Commissioner Regulski moved to aoorove the request for six square feet for a non-
illuminated property identification sign to permit a sign area of 30 square feet and a
variance of 7 feet to permit a property identification sign 15 feet in height subject to: 1)
No additional freestanding signs shall be erected on the property; and 2) the requisite sign
permit shall be obtained within 30 days of the date of this public hearing. The motion was
duly seconded and upon the vote being taken, Commissioners Regulski, Berfield and
Deegan voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion
carried.
ITEM # 12 - Amendment of 1992.93 CD~G Final Statement to increase administrative
fundine for CNHS and aooroval of 1992-93 subrecioient con~ract CPLD)
Clearwater Neighborhood Housing Services (CNHS) conducts housing rehabilitation,
new construction and economic development services in the North Greenwood
neighborhood using COSG funds provided through the City. CNHS operating funds for
1992-93 have been reduced due to reductions in a grant from the State of Florida and a
reduction in the number of contributing lenders.
The City approved administrative funds for CNHS for 1992-93 on July 2nd in the
following amounts: 1) Owner rehabilitation. $18,000; 2) Infill Housing - $20,000; 3)
Economic Development. $10,000; and 4) HOME administration - $7,000 for a total of
$55,000.
City staff and CNHS have reviewed the contracts for 1990-91 and 1991-92 and
noted that $40,100 in administrative funds previously awarded have not been collected by
CNHS due to the establishment of a fee schedule which set goals that proved to be overly
ambitious. Payments were based on the number of loans closed for rehabilitation,
economic development and infill housing. Delays in initiating the "Challenge 2000" loan
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program resulted in fewer loans being closed than projected. The payment schedule was
based on 24 lofm housing loan closings In 1991-92 and 8S of August, only S closings have
taken place.
Staff has prepared a contract for 1992-93 which increases administrative funding
for CNHS in the following amounts: $3,750, $20,950 and $10,100 for owner
rehabilitation, infiU housing and economic development respectively for proposed totals of
$21,750, $40,950 and $20,100 respectively with the HOME Administration activity
having no increase thereby remaining at the proposed $7,000.
The 1992-93 CNHS contract also reflects funds for activity implementation. Funds
for these activities have been made available through CNHS acting as the City's agent.
Mortgages In favor of the City will continue to be issued as security for these funds,
consistent with the applicable program policies. Proposed funding for owner rehab is
$134,000; for land acquisition $165,000 and for economic development $40,000.
The total amount of the contract with CNHS is $428,800.
Amendments to the 1992-93 COBG Final Statement are requested for the purpose
of: a) Adding a funding resource to provide for increased activity delivory funds: "Carry
over of prior years unexpended balance, $34,800"; b) Increasing administrative funding for
CNHS to the amounts shown in the proposed funding; c) Adding one new activity, "Land
acquisition" - purchase of lots by CNHS and/or the City for new home construction,
$165,000; and d) Reducing "City/lnfill Housing Development Program" by $165,000.
Funding of $218,650 was aUocated on July 2, 1992. Funds remaining in the amount of
$63,650 will be used by the City to pay for appraisals, surveys, administration and other
eligible expenses.
On September 29, 1992 the Clearwater Neighborhood Advisory Committee met
and considered the amendments to the 1992-93 CDSG Final Statement. The committee
unanimously recommended approval of these amendments.
The Committee also consid6red the proposed subrecipient agreement and proposed
some amendments. Jim Polatty, Planning and Development Director. reviewed the
amendments to the contract indicating the changes Bre minor.
Discussion ensued in regard to the amendment "This Agreement\may be terminated
with CBuse, by either party hereto..." and a question was raised as to whether this change
was considered to be a minor change. The City Attorney felt although not minor, it was
not unreasonable.
Commissioner Deegan moved to amend the 1992-93 COBG Final Statement to
incroase activity delivery funding for CNHS from $55,000 to $89,800, add direct activity
funding, to the CNHS contract and approve the 1992-93 subrecipient agreement between
the City and CNHS. The motion was duly seconded and carried unanimously.
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Commissioner Regulskl moved to amend the 1992~93 CNHS contract as follows:
1) on page 1, paragraph 1, Iino 5: delete INC.,; add INCORPORATED; 2) on page 4
subsection H: Add as sentence to read: "However. as tho Provider is considering
contracting with an employee loasing company, it is agreed that if the Provider contracts
with and subsequentlv terminates its contract with the employee leasing company and
rehires Its existing staff, the Provider will not be in broach of this provision."; 3) on page 5
subsection M: Delete paragraph which begins "In written materials... to; 4) on page 6,
Section IV A, line 1 revised to read: "This Agreement may be terminated witt, CPUSQ by
elthar party horeto... to; 5) on page 13: delete INC., add INCORPORATED; correct signature
tines: and 6) on Appendix 1, page 8 of 12 TOTAL should be $60,100. The motion was
duly seconded and carried unanimously.
There was discussion regarding the North Greenwood Merchants Association
having concerns in regard to the Economic Development Loan Program to be discussed at
a meeting with CNHS. Staff Is to attend and report.
ITEM #13 - (Cant. from 9/1 7/921 ~ublic HearinQ - Declare DrODertv located at 401 S.
ProsDect Ave.. Coachman's Heiahts Revised, elk C. westerly 110' of Lots 4-6. 8S surclus
to City needs for the curDose of leasina to the IAEF (AS)
Lease of property on Prospect Avenue has been withdrawn. A new item will be
coming forward for property at the corner of Franklin Street and East Avenue.
ITEM #14 - (Cant. from 9/3/92) Alcoholic Beverage Distance Seoaratioo Variances fo~
Dropertv (Ocean Garden Restaurant) located at 470 Mandalav Ave., Clearwater Beach
Park, Lots 43-48 and part of Lot 64 & Lots 65-71 (Pelican Two, Inc. AB92-12HPLD)
Commissioner Regulski moved to continue this item to the regularly scheduled
meeting of November 5, 1992. The motion was duly seconded and carried unanimously.
Public Hearina - Second Reading Ordinances
ITEM #15 - Ord. ~6264-92 - relatina to heioht limitations. amending Sec.1 36.004 &
137.005 (LOCA92~12)
The City Attorney presented Ordinance #5264-92 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5264-92 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
ITEM #1 6 ~ Ord. .5278-92 - Third Quarter oDerating budaet amendments
The City Attorney presented Ordinance #5278-92 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5278-92 on
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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 #17 - Ord. '5279-92 - Third Quarter CIP budget amendments
The City Attorney presented Ordinance #6279-92 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #6279-92 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 #18 - Ord. #5284-92 - Relatina to utilities: amendina Sees. 50.0S(eH1) and (3L
90.06(f)( 1) and 50.05(0)( 1) to decrease domestic water and wastewater 'ate~
The City Attorney presented Ordinance #5284-92 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5284-92 on
second and final reading. The motion was duly seconded and upon ro/l call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-28) - Approved as submitted less Item #22.
Bids & Contracts - Awarded.
ITEM #19 - Renew contract with Wittner & ComDony for the ceriod 1/1/93-12/31/93. at
the rate of $800 per month and an additional $3.000 for dosie". imclementation and
l)1anaaement of the insurance cDen-transfer Deriod (HR)
ITEM #20 - Renew medical insurance contract with CIGNA and mental health/substance
abuse coverage with Professional Psychological Services (PPS) far the Deriod 1/1/93-
1 2/31/93; extend PPS contract for the Emcloyee Assistance Proaram (EAP) for the Deriod
10/1/92-12/31/92. est. $3.078.540 (HRI
ITEM #21 - Purchase Darcel of land on McMullen-Booth Road (,87 acreL Sec. 21 -28-1 6.
M&B 23.12 less the E 50' for $92.000 and related DraDsrty surveY and closina costs of
$2.000 for a total of $94.000 CPR)
ITEM #22 - See paae 11
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Citizens &. Staff Reouests - Approved.
ITEM II 23 . Contln~6d D8rtlcloBtion witb Florida Munlcioal Natural Gas Associat19n
fFMNGA) in the lolnt munlclaslreareaGptBtlon of Issues thru Ftv1N~A's Washinoton. D.C.
based attornoy. Miller. Q~lis & O'Neil: the FMNGA's Rate Consultant. R8tamaster~ and
incur other related FMNGA fees~ not to exce(Jd a total of $45.000 for FY92/93 (GAS)
ITEM # 24 . Transfer Of $ 1 3~ 700 from Recrap,tional Facility (moact Fees into Q CIP orooram
to allow for Durchase of necessary Items for 1he CI~arwater Community Splllna Center
(MR)
ITEM #25 - Citv Clerk Directed to oreoare for and conduct the forthcoming munlclosl
election to be held 3/9/93~ 8ut~orizQ.tion to hira neces~arY election boards and compel)sale
nollworkers in Q manner commensurate with Pinenas County SOE (CLK)
ITEM #26 - ADoroval of Town Meetings. 10/27/92 at Martin Luther King Center:
11/24/92 JJt Morninoside Recreation Center: 3/30/93 at Memorial Civic Center & 4/27/93
at Countrvside Librarv. all to beain at 7:30 o.m. (eLK)
Recaint and Referrf;ll . Received and Referred.
ITEM #27 - Prooosed LDCA to amend Sec. 134.015 relating to nonconformino slans and
the criteria to be considered in arantina variances from the orovisions thereof (CAJ
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Aareements. Oe~ds & Easemeot~ - Accepted.
ITEM #28 . 10' Sidewalk Easement - Bavview Ave. (Our Lady of Oivine Providence House
of PrayerHCA)
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less
Item #22 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #22. Contract for 16MM mlcroaraDl]ic services to tmc Micrograohic Services. Inc.,
Tampa, FL, for the period 10/1/92-9/30/97, at an est. $35.000 for 92/93 budget year
(CLK)
The present vendor, Anacomp, has been performing this service since January
1991 but declined to renew their contract.
Bids were received from six vendors with the following being the lowest: 1) tmc
Micrographic Services, Inc.; 2) Micro Image, Inc.; and 3) UPARC.
Site visits were made to the three lowest bidders and references were checked.
The low bid was determined by projecting costs based on likely volumes of use of each
item. In both scenarios used, tmc Micrographics Services, Inc. was the lowest overall
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bidder. In addition to the line items listed in the Bid, there Js one alternate Item to provldo
8 charge for sorting jackets and fiche into order (alpha, numeric, etc.) It is wished to JsauD
the purChase order to include sllline items and the alternate per the bid specifications.
Subsequent annual renewals will be based on funds appropriated bV the
Commission in the annual budget.
A citizen spoke in behalf of the third lowest bidder, UPARC, requesting the
micrographics contract be renegotiated.
Jim Boyer, Marketing Manager for UPARC, stated it Js a challenge to find work for
the handicapped and asked support for their organization. He indicated their organization
is the only one in Pinellas County to bid on this service. He questioned the ablllty of the
bidder selected to provide this service at the price quoted. He also alleged that UPARC, 05
,a "respect" bidder, should be awarded the contract.
Discussion ensued in regard to the City having supported UPARC in the past.
The City Clerk stated no formal protest has been filed. In response to 8 question,
she provided scenarios based on unit prices indicating the difficulty in determining exact
cost differences between bids.
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Concerns were expressed regarding special consideration being given to bidders.
deviating from the charter as to the lowest and most responsive bidder and the possibility
of a lawsuit being filed by the low bidder.
In response to a Question, it was indicated "respect bid" is an established price for
municipalities by the state for agencies that serve the handicapped. A question was raised
if municipalities are obligated to do business with these agencies.
The citizen speaking in UPARC'S behalf offered to make up the difference between
the lowest bidder and UPARC.
Commissioner Berfield moved to continue this item to the next regularly scheduled
meeting of October 15. 1992 to clarify the state law in regard to a "respect bid. II The
motion was duly seconded and carried unanimously.
The meeting recessed from 7:50 p.m. to 8:00 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 - (Cant. from 9n 7/92) Staff ucdate on the Annexation Committee Bnd
~t)n~xatlon Incentive Program and receive dir~c~ion regardina recommendatiolJ:!l (PLD)
In Florida, an annexation must be voluntary in accordance with State Statutes. The
principal reason property owners annex into the City is to obtain City sanitary sewer
service. Owners of unincorporated property within the City's planning area who are not in
.
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need of sewer service should therefore be persuaded in some way to annex. The first step
Is to provide Information to these property owners on the differences in City and County
services, feol and code requirements which would affect their properties. Implementation
of an Incentive program will be necessary to convince many currently uninterested parties
to 8nnCJX Into the City.
Annexation of the enclaves will benefit the City by increasing the tax base,
simplifying the delineation 0' the boundaries of the City limits thereby providing a more
efficient Use of City servicos, planned Infrastructure Improvements and the application and
enforcement of code roqulrements.
An Annexotlon Commltteo was organized In September 1991 consisting of
representatives from City departments, Including Planning and Development, Public Works,
Public Information, Utllldol, Parka end Recreation, Gas and Police. The committee has had
six meetings. As the County has not yet adopted a stormwater management charge, and
this charge In the City wltllmpact owners of non-residential properties the most, the
committee decided residential neighborhoods should be approached as the initial target
areas In the annexation Incentive program.
In discussions with owners of unincorporated single family properties, staff has
found most of the individuals would like to annex to get on City sewer, to ba able to use
the City's library system and to receive City solid waste disposal services, however, fait
disincentives to annexation were the sewer assessment and connection costs.
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The recommended Incentives are: 1) Waive the annexation application fee for all
applicants who submit a petition prior to August 1993; 2) Provide a City library card to
applicants immediately following Commission receipt and referral of an annexation petition;
3) Change the City code to allow waiver of the $200 City recreation facility impact fee for
all applicants who submit an annexation petition prior to August 1993; 4) Provide
residential solid waste services immediately following Commission receipt and referral of
an annexation petition; and 5) Change the policy to not require City sewer connection at
the time of annexation unless there is a current public haalth problem or it is requested by
the property owner; there will be no charge for sewer on the city utility bill until It is
connected.
Jim Polatty reviewed the annexation incentive program noting the advantages and
disadvantages and gave current services/fees for both county and City. He emphasized
that it costs more to live in the County with equivalent services.
A question WaS raised why go forward with this program when staff feels the
incentives will probably not appreciably change the number of annexations. Mr. Polatty
said it Is worth the effort to try and change the perception it is more expensive to live in
the City than in tho county.
In response to a question, it was indicated there would be no time limit for sewer
hook~up after annexation.
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There was discussion regarding providing a City recreation card as an incentive.
Discussion ensued in regard to both septic and sewer systems serving the enclave
areas.
A question was raised if it would take a year to see how the program is going, and
a recommendation was made to review the program after six months.
A citizen spoke to the issue and recommended a large incentive needed to be
offered such as no taxes for the enclaves for two years amortized over a period of 30
years.
Concern was expressed it would not be fair for the taxpayer to subsidize these
properties. The City Attorney pointed out state law will not allow a tax credit and this
could delay the date of annexation.
Suggestions were made to consider paying property owners to annex, allowing
development in the county first, as it is less stringent, and discussing annexation with
owners who are ready to sell their property.
~irection was given by the Commission to proceed with the incentive program
recommended but to brainstorm to identify additional incentives.
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ITEM #30 - Res. #92-55 - authorizing execution of the General Fund Social Service Action
Grant and Funding Agreements with certain nonorofit aoencias; aoorovina agreement form
to be used (AS)
On September 17, 1992 the Commission adopted the FY93 Budget. Included in
that budget were authorizations for Social Service Action Grants and funding from General
Fund sourcos for the following agencies, in the amounts and for the purposes shown as
follows: 1) Girls Inc. of Pine lias ~ $1 0,450 ~ Operational expenses for Condon Gardens
Girls Club; 2) Coordinated Child Care of Pinellas, Inc. ~ $23,645 - Local Match for Title XX
Federal Grant to provide Contracted Child Care; 3) Religious Community Services, Inc. ~
$7 ,000 ~ Furnish funding for utilities to Emergency Housing; 4) Neighborly Senior
Services - $11,600 - Local Matching Funds for Elderly Group Dining Program; and 5) Ouest
Inn, Inc. - $2,915 ~ Provides funding for emergency housing utilities.
The agreements for these grants all have similar provisions and are presented for
Commission approval by Resolution #92~55 which sets forth the basic agreement form and
summarizes the agreements to be executed for an October 1 st activation date. A direct
contract agreement will be executed with each of the Agencies.
Funding for these agreements will be from the Non-Departmental General Fund
account which has an approved balance for FY93 of $62,000.
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Commissioner Regulski moved to authorize the execution of the General Fund
Social Service Action Grant and Funding Agreements with certain nonprofit agencies and
approve the agreement form to be used for such purposes. The motion was dulV
seconded and carried unanimously.
The City Attorney presented Resolution #92-55 and read It by title only.
Commissioner Regulski moved to pass and adopt Resolution #92-55 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 #31 - Res. #92-58 - authorizina execution of COSG subrecioient aoreeme"ts with
cectaln nonorofit coraoratlo"s and aODroving Bareement form to be used (PLD)
On July 3. 1992, the Commission approved the 18th year COBG Final Statement
and Objectives for FY1992-93. Agreements with the approved subrecipients have been
developed. These agreements all have similar provisions and are presented for
Commission approval by Resolution #92-58 which sets forth the basic agreement form and
summarizes the agreements to be executed for an October 1 activation date.
.
A direct agreement will be executed with each of the agencies. The Community
Service Foundation will be funded with Pinellas County serving as the lead agency. This
will be accomplished through an Interagency Memorandum of Agreement. CNHS has
requested their agreement be revised from the proposal which was approved on July 2.
That request was the subject of Item #12 on tonight's meeting.
Total funding for these contracts will come from COSG revenues.
Commissioner Regulski moved to authorize the execution of CDBG subrecipient
agreements with cartain nonprofit corporations and approve the agreement form to be
used for such purposes. Tho motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #92-58 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #92-58 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.
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ITEM 132 ~ Municipal Code Enforcement Board - 2 BDpolntments (eLK)
Commissioner Regulskl moved to appoint Thomasine Font8na~Smith. The modon
was dulV seconded and carried unanimously.
Commissioner Berfiold moved to appoint E. J. Robinson. The motion was duly
seconded end earned un~nimously.
ITEM #33 .. Environmental Adyisorv Committee .. 3 8DDointments (eLK)
Commissioner Barfield to reappoint Harold Hunt and George Davis. The motion was
duly seconded and carried unanimously.
In response to a question. the City Clerk indicated policy allows members of the
EAC to serve on another board until such time the EAC is formalized by ordinance.
Commissioner Regulski moved to appoint Dale Green. Tha motion was duly
seconded and carried unanimously.
ITEM H3~ - Librarv Board. 1 aODointment (eLK)
Commissioner Regulski moved to appoint William Donovan. The motion was duly
seconded and carried unanimously.
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ITEM #39 - CNHS B.O.D. . 1 aODointment (elK)
Commissioner Regulski moved to continue this itam for names to be submitted.
The motion was duly seconded and carried unanimously.
ITEM #36 - Other Pendina Matters.. None.
ITEM #37 - Other City Attornev Items
The City Attorney distributed the quarterly litigation update.
ITEM #38 - City ManaQer Verbal Reoorts
A. Reauest for clQsure of Cleveland Street and waiver of fees far the 11/14/92 Street
Festival DroDased bv a.rends Nixon
Ms. Brenda Nixon, on behalf of the Downtown Development Board. is asking the
City to co-sponsor B "Clearwater Arts Colony Grand Opening" to be held on Saturday,
November 14, 1992 from 7:30 p.m. until 10 p.m. This event will be held on Cleveland
Street which wilt be closed from East Avenue to Fort Harrison pending approval from the
Florida Department of Transportation. According to her Special Event Application, Ms.
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Nixon indi.cotes. that 5.000 people are expected to attend the event and visit art colony
shops whIch will be opened as a part of downtown revitalization. In addition to the art
colony shops, a band wifl be present to add to the festive atmosphere.
In the event the City co-sponsors the activity, estimated costs for City services
would be as follows: 1) Police Department - to patrol the event and intersections so that
traffic could be re-routed - $4,000; 2) Traffic Engineering/Barricades - In order to close
appropriate intersections, labor and barricades will be needed - $ 1 ,500; and 3) Port-a-
Lets - Ten will be ordered and placed along the route at a cost of $400.
The total estlmeted City cost associated with this event is $5,900. Also, if the
insurance requirements are waived, the City will assume liability.
This is a now Special Event and monies were not budgeted bV those departments
providing services. The first Quarter budget review will include an amendment to provide
the necessary funds for this project if approved.
Commissioner Fitzgerald moved to approve cosponsoring with the Downtown
Development Board a "Clearwater Arts Colony Grand Opening'" and the closing of
Cleveland Street on November 14, 1992 and to waive the liability insurance requirements
and all City fees associated with the event. The motion was duly seconded.
Brenda Nixon reported on the Clearwater Arts Colony project which will locate
artists and art groups in vacant storefronts in the downtown. She said the shops will be
open starting October 14th from 10:00 a.m. to 6:00 p.m. on weokdays and from 10:00
a.m. to 8:00 p.m. on weekends. The open air festival will be part of the grand opening in
November. Free parking will be available in the downtown from October 15th through
January 1, 1993. She thanked the Commission and Downtown Development Board for
their support.
Upon the vote being taken. the motion carried unanimously.
B. Florida League of Cities lFlC) - Legislative Confo(once
The City Manager reported there is a conflict with the November 19, 1992 City
Commission meeting due to the legislative conference being held in TaUahassee and
suggested canceling this meeting. November 23, 1992 could be a make-up date if
needed.
Commissioner Berfield moved to cancel the November 19, 1992 City Commission
meeting. The motion was duly seconded and carried unanimously.
C. Clearwater Beach Trolley
Alternatives for enhanced Trolley Service were discussed at the September 28,
1992 Worksession. PST A and staff were requested to consider expanding the Beach
Trolley North to Mandalay and South to the Cabana Club and to add an express service for
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the Beach to Downtown and to come back to the Commission with specific costs and
recommendations.
The City Manager reported the Pinellas Suncoast Transit Authority (PST A) is
recommonding to not expand the current trolley route. Several alternatives to the new
express service between downtown and the central beach area with possibly a stop in
Islands Estates have been discussed. With or without a stop in Island Estates, PST A is
predicting 0 3D-minute turn around for the mainland to beach route. Because of revenue
and ridership conflicts with Route 80. PSTA is recommending the trolley not stop at Island
Estates. Funding for the trolley experiment will cost approximately $10,700 per month
and is recommended to coma from the General Fund surplus. The City Manager agreed
with the recommendation of not expanding the route. He would like to discuss further
with PSTA the beach/downtown run with a stop at Island Estates.
. Discussion ensued in regard to potential problems from expanding the Beach route.
The ressons PST A does not recommend the expansion include long waits. standing room
only. and the possibility of passengers not being able to get on the trolley even after the
long wait.
A recommendation was made to go with a Clearwater Harbor Express Trolley,
10:00 a.m. to 6:00 p.m., seven days a week with Route #80 remaining unchanged,
for approximately a three-month period and to negotiate for a stop at Island Estates.
.
Commissioner Berfield moved to authorize on a trial basis to begin as soon as
possible until December 31, 1992 an express trolley service from the beach (Pier 60 area)
to the downtown from 10:00 a.m. to 6:00 p.m., seven days a week. The motion was
duly seconded and carried unanimously.
Commissioner Deegan moved to authorize the City Manager to discuss with PST A
the possibility and cost for adding a stop at Island Estates to the Express Trolley Route.
The motion was duly seconded and carried unanimously.
A suggestion was made to investigate a double decker bus.
ITeM #39 - Other Commission Action
A, City A~tornev Sal~trv Revi~w
Commissioner Regulski recommended a $5,000 increase to bring the City
Attorney's salary to $80,400. He indicated this would provide a 4% general increase and
a 3% merit.
A question was raised regarding the average increBse for the unions and the City
Manager said this amount varies significantly due to contracts but averages out to 5.2%
Discussion ensued in regard to various percentage increases.
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Commissioner Regulskl moved to increase the City Attorney's salarv to $80.000.
The motion was duly seconded and carried unanimously.
B. City. Manacer Salary Review
It was suggested a 4% general increase and 8 2% merit be considered. This would
result in an approximate salary of $88,000.
Commissioner Regulski moved to approve a salary adjustment to $88,000 for the
City Manager. The motion was duly seconded.
Concerns were expressed regarding the increases in salary Mr. Wr~ght has received
during his employment with Clearwater and that the evaluation he received did not warrant
this amount of increase. Opinions were expressed that the increase provided Mr. Wright
when he was promoted to City Manager should not be considered and the proposed
increase is approprlato for an average City Manager.
A request was made to include a report on other City Managers' salaries in the
future.
Upon the vote being taken, Commissioners Regulski, Fitzgerald and Mayor Garvey
voted waye;w Commissioners Berfield and Deegan voted "nay." Motion carried.
Commissioner Berfield requested unsightly City owned property be cleaned up.
. ITEM #40 - Adjournment
The meeting adjourned at 9:37 p.m.
ATTEST: n~~~; ;.t. .0.
~Clerk .'
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