11/18/1991 (2)
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WORKSESSION
City Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
November 18, 1991
The City Commiss ion of the City of Clearwater met at City Ha 11 with the fo 110wing
members present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Also present were:
Michael J. Wright
M. A. Galbraith, Jr.
Cynthia ,E. Goudeau
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
City Clerk
The Mayor called the meeting to order at 9:15 a.m.
Five service pins were awarded.
Marion Donahue I Parks and Recreat ion Department I was presented the November
1991 Employee of the Month award.
Purchase of flood insurance coveraQes for specific city-owned property with
payments totalling $23.679 (AS)
Arthur J. Gallagher brokers the flood insurance program for the City. The
premiums are paid,directly to the insurance company by separate check for each
piece of property insured. The premiums are the same regardless of the insurance
company issuing the insurance coverage.
Que to legislation passed in 1989, the City is obligated to purchase first
dollar flood insurance coverage on the following properties: 1) 302 Seminole
Theatre; 2) 40 Causeway Boulevard - Civic Center/Library; 3) 3141-3157 Gulf-to-
Bay - Waste Treatment Center; 4) 60 Bay Esplanade Street - Recreation Complex;
5) 25 Causeway Boulevard - Marina Office; 6) 1700 N. Belcher Road - Fire Station;
7) 534 Mandalay - Fire Station; 8) 700 Bayway Boulevard - Beach Police Station;
and 9) 1605 Harbor Drive - Waste Water Treatment Plant. Renewal of these
policies has been tentatively placed with Bankers Insurance Company for all
except #9 which would be with South Carolina Insurance Company. The policy
period will be November 12, 1991 to November 121 1992.
Concerns were expressed regarding insuring the little theater located at
302 Seminole Street as the building was constructed by the theater and the
contents belong to them.
A concern was also expressed regarding insuring the contents of the marina
when the majority of city material ;s on the second floor and would only be
covered if the water were to rise to that extent.
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Leo Schrader, Risk Manager, is to check and report later in the meeting.
Interruptible Gas Sales Contract with Natural Gas Clearinohouse. Houston. TX~
authorization to execute purchase orders for interruptible transportation natural
as and authorization to enter future interru tib1e trans ortation contracts
GAS)
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Florida Gas Transmission Company (FGTC), Clearwaterts gas pipeline, has
become an open access pipeline effective August I, 1990, by order of the Federal
Regulatory Commission (FERC). The City is buying spot market gas and
transporting it as interruptible transportation and firm transportation gas from
gas marketing companies. The City1s first contract (for August 1990) is with
Citrus Industrial Sales Company. Inc. The second contract was approved on August
2, 1990, with Coasta 1 Gas Marketing Company of Houston. The Ci ty plans to
negotiate contracts with several more suppliers in order to have the ability to
select the most favorable spot market prices through competitive marketing. In
order to secure as many suppliers as possible in a timely manner, it is requested
the City Manager be authorized to enter into an Interruptible Agreement using the
City's standard contract. This would enable the City to purchase interruptible
gas by the first of the month and not wait for Commission approval.
The third contract, subject to approval, is with Natural Gas Clearinghouse
located in Houston, Texas. This company is in a position to provide the City
with high quality natural gas at competitive prices. They are a dependable
company and one the City desires to have as a marketing source.
In response to a question, Jim Lewin of the Gas Division, explained plans
are to have a total of six vendors from which the City can purchase spot market
gas. This does not commit the City to a specific amount but rather authorizes
staff to deal with these vendors.
Renewal of contract for purchase of oasoline and diesel fuel with Mansfield Oil
Co.. Gainesville. GA. for the period 10/16/91~10/15/92, at an estimated cost of
$550.000 under same terms and conditions as the orioinal contract with Pinellas
County Consortium: as of 10/16/91 rescind the 9/19/91 authorization of interim
purchase of fuel with Mansfield (G5)
At its September 19, 1991 meeting the City Commission approved the payment
of up to $150,000 to Mansfield Oil Company for the interim purchase of gasoline
and diesel fuel while Pinellas County Purchasing Consortium negotiated a twelve
month renewal contract.
Upon approval of this agenda item, it is recommended the September 19, 1991
item concern ing interim fue 1 purchases be nu 11 ified and any funds expended by the
interim agenda item be deducted from the total contract price of this item.
The renewed contract contains the same terms and conditions as the original
contract between Mansfield Oil and the Purchasing Consortium. This contract has
been awarded for the period October 16, 1991 to October 15, 1992. Mansfield will
lower its price for gasoline fuel by one, cent per gallon. All other terms and
conditions of the existing contract will remain the same. The fuel is required
to maintain the services and safety of the citizens of Clearwater.
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Mansfield Oil Company is a brokerage house for fuel. The fuel is delivered
at port of entry, Tampa, Florida, and is purchased on an as-needed basis. This
vendor has given the City excellent service in the areas of timely delivery and
product quality. Mansfie1dts price is computed on an average of published prices
plus a fixed fee which is constant. After taking the average cost of fuel on the
day the order is placed, the cost per gallon is figured on a daily average of
port of entry price published in OPIS (Oil Price Information Service).
In response to a question, it was indicated the City is paying
approximately 59 cents a gallon for this fuel with an additional 5.9 cents per
gallon tax. The City Manager indicated the fuel is 1 cent cheaper than last
yearls contract.
In response to a question, it was indicated this is not fuel the City sells
but rather fuel that is used by the City to carry out City responsibilities.
It was indicated that fuel for sale can not be purchased under the state
contract at this price.
Purchase of 191 Roustabout work boat for the Marine Oepartment to SeaArk Marine,
Inc.. for $16,567 (MR)
This vessel is needed to replace the present work boat used by the Marine
Department. The old work boat was donated to the City by the U.S. Coast Guard
in 1980. After eleven years of use, the old work boat is beyond economical
repair and badly in need of replacement. The outboard engine used on the old
work boat will be transferred to the new 191 work boat.
The Marine Services Section uses this work boat for city marine related
projects, such aSj maintaining city established channel markers, wake control
zones, buoys marking restricted areas and inspections/repairs to city docks,
launch ramps, piers and bridges.
In response to a question, Bill Held, Harbormaster, indicated this is a
utility work boat that is used for dredging work.
Third Amendment to ara ra h 3 of Bikini Buttons Inc. lease a reement dated June
12, 1990. allowinQ sale of 10tterv tickets and Federal E~press mail service MR)
Mr. Eric Peterson, current lessee of room 8 in the marina building and
owner of Bikini Buttons, Inc., d/b/a One-Hour Photo and Oive Shop, requests that
paragraph 3 of his lease agreement be amended to include sale of lottery tickets
and Federal Express mail service. All other conditions, limitations,
restrictions and obligations of the current lease agreement will remain in effect
throughout the term of the lease (December I, 1989 to November 30, 1994).
In response to a question, it was indicated there is no selling of lottery
tickets on any other city property. It was also indicated this is a straight
rental not a percentage.
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Contract for temporary serv ices to Ke 11 v Temporary Services. Clearwater. FL I for
an estimated, annual cost of $60.000 (HR)
Bids were rece i ved for temporary serv ices for a three year contract
(October I, 1991 to September 3D, 1994). Price increases may be allowed annually
effective October I, 1992 and October 1, 1993 based on the Consumer's Price
Index.
Temporary employment services are needed by City departments at various
times. These services are ordered as required to meet both programmed and
unprogrammed operational requirements. The bid requested hourly rates for six
job classifications and bidders quaranteed their rates for a twelve month period.
Kelly Temporary Services submitted the lowest overall bid.
A question was raised regarding how the total amount of $60,000 was
reached. It was indicated companies were asked to bid on six specific jobs to
give an idea of the cost and $60,000 is the projected amount in the budget.
Declaration of sur lus ro ert located at 2144 Calumet St. E 252' of Lot 10
Clearwater Industrial Park for the purpose of sellinq or exchanoing PR}
The subject property is approximately .9 acres in size and is zoned
Public/Semi-Public. The site, since being in City ownership, has primarily been
used as a field office for the City's Forestry Division and, more recently, as
a field office for the City's Recreation Facilities Division. However, in
January of 1991, the Recreation Facilities Division moved their operations to the
former Motor Pool Compound on Pennsylvania Avenue leaving the Calumet site as
being surplus to city needs. A concrete block building is currently situated on
the property.
It was indicated the charter requires the City sell this property at the
appraised value unless it is sold to another governmental agency.
Purchase of nursery stock for the Courtney Campbell Parkway to Consoli dated
Trees. Inc., Land 01 Lakes. FL. for $11.224.10 (PR)
Twelve bids were solicited for this project with only two being received.
One bid received was from Tampa Wholesale Nursery which bid on only one of six
items. The successful bidder, Consolidated Trees, Inc., submitted bids on five
of the six items. Although neither of these two bidders submitted complete bids,
the prices from Consolidated Trees, Inc. are acceptable and less than monies
budgeted for the items. Once received, these landscape materials will be stored
in the City's Nursery until such time as they are planted on the Causeway by
va lunteers. Current 1 y, va 1 unteer plant i ng is schedu 1 ed to beg i n on March 7,
1992.
A question was raised regarding why the City would be storing this
landscape material and what would happen should any of it die. Ream Wilson,
Parks and Recreation Director, indicated the department wanted to have it on hand
so that it could be planted as soon as the volunteers are ready. He indicated
it would take approximately two months to receive the material.
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Purchase of Cypress Chips to Florida Grecn Resources: Palm Harbor. FL. for the
~ period 11/22/91-9/30/92 for an estimated cost of $10.000 (PR)
The Parks Division of the Parks and Recreation Department purchases cypress
chips to place under approximately 23 playground apparatus installations
throughout the City. According to the United States Consumer Product Safety
Commission, this type playground surface is among the safest. This contract will
allow the City to order and purchase materials only when they are required, thus
reducing the need for a large inventory and space for storage.
Ream Wilson, Parks and Recreation Director, indicated this is the suggested
material to be placed under playground apparatus.
Concerns were raised regarding there being two bids of the low amount of
$10,000 and the local bidder being awarded the contract although the out-of-town
vendor provided better delivery and payment terms. It was questioned whether or
not the local bidder could be chosen.
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Betty Deptula, Assistant City Manager, indicated that purchasing policy is
that is there are equal bids, it would go to the Clearwater or Pinellas County
bidder and it is specifically stated in the specifications that terms of payment
are not part of the consideration in awarding the bid.
Authorization for an expenditure of $57.635 to Florida Power Corp. to bury the
existino overhead power line alonQ the N side of Courtney Campbell Causeway with
the City providinQ necessary trenchina and back filling (PR)
Accord i ng to the City I s II Highway Beaut i f i cat ion Grant Memorandum of
Agreement" with FOOT, 496 palm trees will be planted on the Courtney Campbell
Causeway. According to the approved landscape plan, 157 of these palms will be
planted along the north side where overhead Florida Power 1 ines exist. Notations
on the landscape plan state that these specific palms will be limited to 8' of
clear trunk so as not to interfere with the overhead lines. In contrast, palms
to be planted along the south side of the Causeway will range in height from 121
to 24'. Further, at such time as these 81 palms encroach into the power lines,
they will need to be removed or replaced at City expense.
If the City approves Florida Power to bury these existing overhead power
lines, the palms planted along the north side will be the same height as those
on the south side.
The City Manager indicated that while the City was unsuccessful in getting
a tourist development council grant for this project, staff felt it was
appropriate to spend the money to have the appropriate appearance for the
causeway beautification.
In response to a question, it was indicated these power lines run from the
County line to the Christian College and there would be approximately ten days
of trenching that would be necessary.
Consensus of the Commission was to write a letter to the Tourist
Development Council stating the City still feels this project is tourist related.
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Request from Downtown Clearwater Association to waive cost of city services for
liThe Third Annual Clearwater Family Holiday Parade" to be held on Friday.
12/13/91 (PR)
The Downtown Clearwater Association will be sponsoring its Third Annual
Downtown Clearwater Family Holiday Parade on Friday night, December 13, 1991.
The parade will follow the same route as last year except that it will be offered
at night rather than during daylight hours. The DCA has requested the City to
waive all city charges that might be connected with the parade.
The City waived $1,958 worth of police and barricade services for the 1989
parade. For the 1990 parade, the Commission approved a maximum waiver of $1,958
with the stipulation the Association be billed for any costs above said amount.
This billing was not necessary since actual costs for the 1990 parade totaled
$1,914. Police costs were less than expected since the City was able to use a
combination of reserves, explorers, etc. as volunteers.
For the upcoming 1991 parade, the Police Department anticipates higher
costs since the parade will be during evening hours and more officers are needed
at intersections. Also, fewer volunteers will be available. According to the
Police Department, approximately 25 regular police officers will be required at
an estimated cost of $2,580. These officers will be supplemented by
approximately 25 volunteers. As in past years, barricade services will be
provided by the Transportation Group of the Public Works Department at an
estimated cost of $1,000. Thus, the approximate cost of the 1991 parade will be
$3,850.
The parade will immediately follow a concert in Station Square Park which
will be conducted from 5 until 7 p.m. This concert is a part of the "Downtown
Comes Alivell program and is sponsored by the Downtown Development Board.
Concerns were expressed regarding the parade now being a night time
activity rather than daytime. Questions were also raised regarding why
additional police officers would be needed over the number needed for last year's
parade.
In response to a question, the City Manager indicated the costs for these
services would come from normal budgets with a large portion coming from the
police overtime budget.
C.0.#2 in the amount 5 560 for Bandes Construction Co. Inc. for the Clearwater
Community SailinQ Center PR)
On April 4, 19911 the Commission awarded a contract to Bandes Construction
Company, Inc. for the construction of the Clearwater Community Sailing Center
Building.
In July 1991, Change Order No.1 in the amount fo $3,180 was approved
administratively to accomplish a number of energy efficient measures which had
been recommended by Mr. John Peddy of the City's Energy Offic.
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An add it i ana 1 change order is requ ired in order to prov i de a 1 anger
handicap ramp in front of the Sailing Center Building, as well as the addition
of a set of steps not included in the original plans; an aluminum railing along
the front of the building, as well as railing along the steps in the back of the
building. The railing in the back of the building was required by the City1s
Building Inspection Division. None of the work proposed in the second change
order was included in the original plans by the architect. The need for these
changes have been discovered since the project has been constructed. If this
work had been included in the original contract, it would have cost approximately
the same as proposed here.
A concern was raised that staff did not anticipate the need for the railing
for the back steps. Staff will investigate.
Declare properties surplus for the purposp. of deeding the land and arantina
easements to FOOT for the widenina of S.R. 580 (PW)
The Florida Department of Transportation (FOOT) is proposing to widen State
Road 580 from Countryside Boulevard to Kendale Drive. They propose to start
construction in fiscal year 1993/94. They propose to widen the road to six lanes
and are 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. Because of the proximity of the Countryside Police Station, Police
Chief Sid Klein has been informed about this requirement and has no objection to
this request.
Questions were raised regarding how much it would have cost the State to
condemn the property. Bill Baker, Public Works Director, indicated that while
the State is not providing any money to the City for this property, they will pay
for the relocation of utilities and this will be provided for in a document which
is to be received prior to Thursday night's meeting.
At the present time thirty sanitary sewer pumping stations are being
monitored by a radio telemetry system provided by Uniface, Inc. of Belmont,
California, in 1983. Since that time, the City has experienced numerous problems
with the Uniface System, including poor performance and slow or non-existent
service response. Uniface has gone through several ownerships since 1983 and is
now out of business. Elements of the master control have failed and cannot be
repaired.
Separate from the Uniface telemetry system, the Water Division owns a
Bristol monitoring system which communicates through a series of telephone lines.
This system was installed in 1979. It is presently located at 400 N. Myrtle
Avenue and has not been moved to the new Infrastructure complex due to its age
and major cost of moving phone lines. Water Division personnel must visit 400
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N. Myrtle to monitor this system or depend upon someone in the Gas Division to
call if there is an alarm. The City is not satisfied with the accuracy of this
system nor the $431 per month phone line charge.
It is proposed to replace both the Uniface system and the Bristol system
with the subject Data F low system. The new system wi 11 interface with the
existing thirty sanitary sewer pump station remote telemetry units (and others
as needed) and will be capable of also monitoring the water system as units are
added. This contract calls for remotes at Reservoir Nos. 1 and 2. The Water
Division's Bristol system will be gradually phased out with the adding of further
remotes.
In response to a question, Mr. Baker indicated this system can indicate
e levat ion of water, temperature of the pumps, etc. It wou ld not be able to
indicate contamination.
Clearwater Airpark Mowinq services to Greenturf Services. Tampa, FL. for the
~eriod 12/1/91-9/30/92 for $500 per mowinQ, a total of approximately $17,000 (PW)
The Clearwater Airpark has been mowed by contract for the past eight years.
All open areas between and around the runway and taxiway and in and around all
buildings and aircraft are mowed and trimmed. Approximately 30 acres are
, maintained with approximately 34 mowings under this contract to maintain the
park-like nature of the Airpark and to enhance the safety of the Airpark ground
operations by preventing vegetation from screening potential hazards. The cost
of last year's contract was $691 per mowing.
In response to a question, the City Manager indicated this mowing is part
of the City1s obligation under the lease.
Contract for Fishino Pier Restoration to Hendrv Corp. for $75.000 (PW)
The Publ ic Works Department received requests from the Risk Management and
Building Maintenance Divisions to provide restoration to the three old bridge
structures along the south side of the Memorial Causeway which are presently
being used as fishing piers.
Due to the advanced general deteriorated condition of the existing
structures, all construction removal work will be carried on by marine access,
with only pedestrian worker access allowed on top of the structures. Work will
be staged on alternate structures to allow continued fishing access for patrons.
The work proposed in this contract will not extend the useful life of these
structures.
Recent study of these structures by Cline/Contact South Consulting
Engineers in September 1991, states that, "In summary, the three fishing piers
may remain in use as pedestrian bridges only. However, due to acceleration of
the deterioration on the concrete and reinforcenlent steel, the expected life of
the structures is on the order of five years or less. The structures have
already exceeded their useful life".
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The City Manager indicated this is the minimal work needed to make the
piers safe as the fishermen continue to cut through fences installed to keep them
from the unsafe areas.
Discussion ensued regarding future plans for these portions of the old
bridge and it was indicated they can either be taken out or allowed to fall in.
The long range plan is to take out all four sections and to replace with new
fishing piers however, this is on hold until such time as the monies needed to
renovate big Pier 60 have been ascertained.
Joint Participation AQreement with FOOT and contract for Clearwater Executive
Airpark - Shade Hanqar Refurbishment to P.J. CallaQhan Co.. Inc.. Clearwater. FL
for $141.900 (PW)
The Apri 1 25, 1991, storm severe ly damaged the shade hangars at the
Clearwater Executive Airpark. Roofs were torn loose and support beams br.oken.
The shade hangars were old and had rusted through in many places. The hangars
needed refurbishment before the storm struck. The storm rendered ten rental
spaces unusable.
The Engineering staff assessment of the storm damage indicated that a total
refurbishment of the four shade hangars was in the City's best interest. As a
result, Joint Participation funding on a 50/50 basis was requested from FOOT's
Aviation Division. The funding was approved, entered into the FOOT current year
budget and the subject Jo int Part icipat ion Agreement prepared. Some of the
previously planned projects must be deferred until State funds are available in
l~k~ subsequent fiscal years. FOOT has stated they will shift funds to support the
~,~~, fuel farm refurbishment. The City can initiate the project but the FDOT share
will not be available until July 1, 1992.
The scope of the shade hangar refurbishment project consists of replacing
all galvanized roof panels, replacing all deteriorated metal and sand blasting
and painting all structural steel on the four existing shade hangars. This
should return the shade hangars to a like-new condition.
In response to a question. the City Manager indicated costs for these
repairs would have come from the City1s Self Insurance Fund. A question was
raised regarding whether or not it would be better to use aluminum in this
project.
Contract for repair of storm culverts on Clearwater Beach to Insituform Southeast
for $21,325.40 (PW)
The corrugated steel storm line within the vacated right-of-way of Hamden
Drive running from First Avenue to Clearwater Harbor was badly deteriorated to
the point of collapse. The depth of the line and its proximity to Clearwater
Harbor and its lying under paved parking and a swimming pool pump house excluded
open excavation and replacement of the line by conventional methods. Insituform
was contacted and agreed to restore the line using prices established under an
annual contract with Pinellas County. Insituform misunderstood this request for
pricing as an order and proceeded with the repair without authorization. The
work has been completed and inspected at this time.
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Insituform has been reprimanded and instructed not to do any work in the
future until receipt of purchase order. '
A concern was raised regarding staff not being aware that the work was
being done prior to City Commission approval. It was indicated staff was unaware
the work was being done.
Contract for reoair of two broken sewer lines and the removal and replacement of
three sanitary manholes to Kamm;nqa and Roodvoets, Inc., for $31,455 (PW)
The two pipe repairs are on the Marshall Street Interceptor Main. This
interceptor is to be lined in the near future and the repairs to the main must
be made in preparation of this work. The three sanitary sewer manhole
replacements are at various locations. All three manholes are badly
deteriorated. Due to the requirement for wellpointing and/or extensive bypass
pumping, the pipe repairs and the manhole replacements cannot be accomplished by
the Public Service Division.
Pricing is per Pinellas County Annual Contract with Kamminga and Roodvoets,
Incorporated.
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In response to a question, it was indicated that it is better, from a cost
consideration, to add on to the County contract for jobs this small.
C.0.#3 and Final to the Forest Run Park Contract. increasinQ the contract amount
bv $9,602.80 to Castco Construction. Inc. (PW)
This Final Change Order adjusts the contract quantities to those quantities
actually used in the construction of this contract. Two Administrative Change
Orders were previously approved by the City Manager, Change Order #1 increased
the amount $2,200 for the construction of a wooden pedestrian bridge and Change
Order #2 increased the amount $1,590 to add structural keyways in the
construction of the basketball court.
Regarding Change Order #3, quantity for fill material was increased to
accommodate grade adjustments of the parking lots and the tennis courts.
Quantity for sod was increased for the construction of additional drainage swales
to control erosion and for additional sod around parking and recreational
facilities at the request of the Parks and Recreation Department. To facilitate
additional access throughout the park for the Parks and Recreation Department's
heavy maintenance equipment, the quantity for 4 inch thick sidewalk was reduced
and replaced with additional quantity for 6 inch thick sidewalk.
Concerns were expressed that as th i spark is at the edge of the City
limits, it will be used mainly by non.residents.
C.0.#9-Final to contract for the Marshall Street Advanced Pollution Control
Facility. increasinQ the amount bv $71.946. adiusting the total contract amount
to $17,400.546 completinq the close-out of the pro,;ect (PW)
The purpose of Change Order #9-Final is to compensate the contractor for
the revisions he has been directed to perform. Change Order items which have
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been completed are those which could have caused delay in completion of the
project if not done immediately and were performed in order to meet the E.P.A.
required date of October 1, 1990, 10r the commencement of Advanced Wastewater
Treatment.
The City Manager indicated this change order would close out this contract.
Clearwater's continued participation in the cooperative yard waste recvclina
proaram with the City of St. PetersburQ for FY91-92 at a disposal cost of $15 per
ton and an estimated annual cost of $91.000 (PW)
In October 1989, Pinellas County Solid Waste Department, in cooperation
with the City of St. Petersburg, invited the City of Clearwater to participate
in the Yard Waste Recycling Program. The City's Solid Waste Division has
participated in the City of St. Petersburg IS Yard Waste Program since that time.
The recycling rate for yard waste disposal is $15 per ton, as opposed to the
county's regular disposal fee of $37.50, a savings of $22.50 per ton in avoided
dump fees.
Participation in the Yard Waste Recycling Program helps Clearwater achieve
the state mandated waste stream reduction of 30% by 1994 through recycling.
During the past year, the City recycled 5538 tons of yard waste and saved
$124,605 in dump fees.
In response to a question, it was indicated this program is active
throughout the City. It was indicated some people have been told it was not
available in some areas.
In response to a question, it was indicated the yard waste recycling
project takes place at the incinerator complex. The City Manager indicated staff
is look i ng at go i ng to a process of one garbage pick -u p per week and one
recycling pick-up per week and the City may open its own mulching operation.
In response to a question, the City Manager indicated the County was close
to meeting its percentage requirement and the City is negotiating with Safety
Harbor and Dunedin regarding possible shared responsibilities for recycling. He
indicated a presentation is planned for later this year.
The meeting recessed from 10:20 to 10:32 a.m.
Re uest for S.R.60 desi nation be removed from Cleveland St.
the Court-Chestnut St. one-way pair in downtown Clearwater
Currently, State Road 60 follows Cleveland Street through downtown
Clearwater. Traffic destined for Clearwater Beach follows the S.R.60 signing,
through downtown to Memorial Causeway.
Some Downtown bus i ness and property owners have requested S. R. 60 be
relocated for the purpose of reducing traffic volumes and the elimination of
their associated speeds through downtown. The intent is to create a pedestrian
friendly atmosphere along Cleveland Street. It is bel ieved the relocation of
S.R.60 will encourage the undesired traffic to utilize the other corridor.
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There are four primary ways this could be accomplished. All involve
relocation of S.R.60 to the Court/Chestnut corridor. In the first scenario, the
section of Cleveland Street between Osceola And Myrtle Avenues would be reduced
to a two-lane, two~way section with curbside parking. The second scenario is
identical to the first, except that Cleveland Street would be closed at the
Bayfront, either in a cul-de-sac or a new driveway into the parking lot to the
west of the Maas Brothers store. The third scenario calls for a onewway pair
operation of Cleveland Street and Pierce Street (in addition to the one-way pair
of Court and Chestnut) allowing two lanes of one way traffic, with curbside
parking, for westbound Cleveland Street. The fourth scenario ;s identical to the
second, except that Cleveland Street would connect directly to Drew Street,
allowing the signal at the Bayfront to be removed.
All four scenarios would result in a significant shift in traffic to the
Court-Chestnut corridor. However, two sections of the Court-Chestnut corridor
would not be able to accommodate the additional traffic without a significant and
undesirable decrease in the level of service. The four-lane, two-way section of
Court Street (between Ewing and Missouri) and Pierce Boulevard (between Court
Street, at the top of the hill, and Cleveland Street, at the bottom of the hill)
will, without roadway improvements become overloaded, creating congestion and
significant delays.
In response to a question, the City Manager indicated people who live here
and regularly go to the beach will find the best way they know; people visiting
will follow S.R.60 designations.
Peter Yauch, Traffic Engineer, reviewed the four scenarios and the
improvements that would be needed to the streets to which the traffic is diverted
should the S.R.60 designation be removed from Cleveland Street. He indicated the
costs do not include right-of-way acquisition. For scenario one, the cost would
be $774,000; for scenario two, 2,059,000; scenario three $408,000 and scenario
four 2,066,000.
Concern was expressed that no matter what was done, traffic on Memorial
Causeway would continue to back up.
Discussion ensued regarding the impact of approval of this request. It was
indicated 88 parking spaces would be able to be placed on Cleveland Street and
merchants are trying to accomplish some local traffic downtown.
Concerns were expressed regarding this being but one issue in the overall
traffic plan regarding downtown, including improvements on Drew Street.
Adjustments SAMP Plan Salary RanQes (eM)
Five adjustments are suggested as follows: 1) Increase the maximum salary
ranges for the SAM? Pay Plan by 4%: 2) Add a new SAMP range for Deputy City
Manager; 3} Advance the class of Deputy Police Chief and Assistant Fire Chief
from SAMP range "L" to SAMP range "W'; 4) Assign classification of Gas System
Manager to SAMP range "N"; and 5) Move ured-circled" classes to their correct
range.
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Kathy Rice, Deputy City Manager, indicated three people would be impacted
by moving of their positions into the proper range. These people would not loose
pay but their salaries would be frozen.
In response to a question, it was indicated the compensation was generally
compared to other cities but when there were comparable jobs outside of cities,
these were also examined.
Life Insurance with The Prudential for SAMP employees at a cost of .57/$1.00 for
one times annual earnin s and offer 0 tional life insurance to three additional
times annual earninQs eM
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The Prudential has presented the City with a.group insurance plan to begin
January 1, 1992, and cost estimate to provide SAMP and elected employees only
with the following: Basic Life - One times annual earnings rounded to next
higher $1,000. There is a 40% reduction at age 65. The maximum coverage is
$100,000; Optional Life - The employee may pay for an additional one, two or
three times annual earnings rounded to next higher $1 fOOD. There is a 40%
reduction at age 65; Other - The overall individual maximum is $300,000. Medical
evidence of insurability is required for any employee requesting a total
insurance of more than three times his/her annual salary. 25% of el igible
employees must purchase optional life insurance in order for Prudential to
underwrite the optional plan.
The total yearly estimated cost is approximately $49,000. Basic and
optional insurance terminate at retirement.
A question was raised regarding the Commissioners being included in this
and it was indicated they would be as they are included with other SAMP benefits.
The insurance would only be available while a person was an employee or serving
on the Commission.
ITEM: Leaal Department
The City Manager and City Attorney indicated assistant city attorneys are
considered part of the SAMP plan. This is not in conformance with the charter
as it says that the City Commission and City Attorney will be responsible for
those individuals. Previous to this time, the City Manager has approved salary
increases for the assistant city attorneys. There is also some concern regarding
who is responsible for the clerical staff in the legal department.
Discussion ensued regarding this issue with the general feeling being that
the legal department should be separate from the City Manager's departments.
In response to a question, the City Manager indicated there is no
difficulty between the City Attorney and him but rather an assistant city
attorney requested a pay raise and the City Manager did not feel this was within
his authority. The City Attorney stated he agreed the assistant city attorneys
should be under his authority. He still wished to discuss further the
secretarial staff.
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It was stated the City Attorney will now have to come back with a personnel
plan for his assistant city attorneys. The City Attorney agreed this would be
necessary.
Concerns were expressed regarding placing all legal department staff within
this authority with it being stated there should be some protections provided.
Consensus of the Commission was for the City Manager and City Attorney to develop
a proposal to present to the Commission.
Public HearinQ & First ReadinQ Ord. #5145H91 - Amendment of ZoninQ Atlas to CPD
and Review of Master Site Plan/Sub. Plat for toehmann's Plaza, Lots 1 & 2. NW
corner of NE Coachman Rd and US19N. 19.89 acres (Principle Mutual Life Ins., Wal-
Mart. Z91-02}(PLD)
Loehmann's Plaza is currently in receivership. This property was annexed
into the City in 1985, and in 1986/ the property was platted as two lots. Lot
#1 contains 19.237 acres and is the site of the Loehmann's Plaza Shopping Center.
Lot #2 contains .65 acres and is leased for the use of an automotive service
facility (Jiffy Lube). The property was platted under the previous Parkway
Business District (CP) zoning district. The property became non-conforming when
it was zoned as Commercial Center (CC); non-conformities include lot area, lot
depth, lot width, and side and rear setbacks. If the area is rezoned to CPO, and
the proposed replat is approved, Lot H1 would be split into three lots and Lot
#2 would be reduced from .65 acres to .614 acres.
Jim Polatty, Planning and Development Director, indicated he would be
asking for a two week continuance on this item. He stated there are concerns
regarding traffic and they are meeting with the neighborhood regarding these
concerns. He indicated that Wal-Mart, the potential purchasers, have agreed to
make some adjustments to the site in order to address concerns. It was stated
that if the Loehmann1s Plaza development had been successful, the traffic would
have been greater than it will be with the Wal-Mart development and that for
comprehensive plan purposes, the Wal-Mart development would be grandfathered.
Discussion ensued regarding what is showing as Lot 4. This is an illegal
lot as the property has never been properly subdivided. It was indicated the
owner of Lot 4 does not wish to be a part of the rezoning. Discussion ensued
regarding how to handle this property with it being suggested the City initiate
rezoning on the property. It was stated that by separating this lot from the
others, it essentially recognizes the subdivision.
Discussion returned to traffic impacts with it being stated that a cul-de-
sac on Stag Run Boulevard had been recommended and Wal-Mart has indicated they
would be willing to pay for the cul-de-sac if the neighborhood would pay a small
contribution to this construction. It was also indicated there are other traffic
issues to be addressed, including a dual left-turn onto US19 off of NE Coachman
and to widen S.R.S90. It was stated that in theory, the new shopping center
would not cr~ate more traffic than the existing center but in reality it would
as the current center has not been successful.
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The Planning and Development Director re~emphasized Wal-Mart has agreed to
pay for certain things in order to address concerns and that a condition of the
site plan would be that Wal-Mart pay their faii share of the improvements. He
also stated there are six entrances to the center at this time and the proposal
eliminates three of them and also provides protection for the wetlands area.
Purchase of flood insurance coveraQes for specific city-owned property with
payments totallinQ $23,679 (AS)
Leo Schrader I Risk Manager I returned to the meet i ng wi th i nformat ion
requested earlier. He indicated the lease with the little theater was initiated
in 1934 and there were no provisions regarding insurance.
Consensus of the Commission was to continue the insurance for this year but
to put the theater on notice that insurance would not be carried in future years.
Mr. Schrader stated that for the marina, there ;s no wind coverage however, there
would be coverage for erosion or tidal surge. Consensus of the Commission was
to drop contents coverage for the marina.
A question was raised regarding the police sub-station and it was requested
this remain as is. Consensus of the Commission was to do so.
I,:)
The meeting recessed from 12:01 p.m. to 12:30 p.m.
(Cant. from 10/17/91) Variance to Sian Regulations for property located at 323
Jeffords St. Sec. 21-29-15 Morton Plant Hos ital Association Inc. SV91-
18 (PLD)
This request has been continued twice to allow the applicant to work with
staff to reduce the scale and number of needed directional sign variances.
In reviewing code requirements for directional signage variance requests,
staff had to consider the historical development of the hospital and other public
institutions as well as code requirements. Historically, Morton Plant and other
public institutions continue to grow and need direc~ional signs. Presently,
Morton Plant has numerous metal and wooden parking and directional signs varying
in size from approximately 1.5 to 8 sq.ft. throughout their property. There are
no variances or permits on record for the signs exceeding the code requirement
of 3 sq.ft. for directional signs.
Staff feels Morton Plant Hospital has made substantial changes to its
. original request. in keeping with Commission direction on this matter. That the
sign sizes are only 0.5 sq.ft. greater than the 4 sq.ft. "recommended" for the
revised sign code seems justified due to the need for generally larger messages
on the Hospital signage, as opposed to more "typical" directional signage which
usually consists of messages like "ENTER" and "EXIT". While it appears some of
the proposed signs can be scaled down to meet the 4 sq.ft. urecommended" area
requirement, there is a clear benefit in keeping the frame sizes, lettering and
sign heights consistent in order to promote improved readability for the public.
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A question was raised regarding whether or not these were truly directional
signs or property identification signs. It was indicated they are directional
signs.
Staff1s recommendation is to deny this request. Concerns were expressed
that the code does not provide for recognition of large setback areas. It was
indicated a smaller sign from a shorter distance away would have more impact than
the signs currently existing on Gayfers.
Concerns were expressed that revisions to the sign code to allow this would
not be in compliance with the newly proposed Countywide Sign Ordinance.
Discussion ensued regarding how to handle this and whether or not the code
should be amended.
Consensus of the Commission was to request a continuance of this item.
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Alcoholic Beverage Oistance Separation Variance for property (Kal1y's Beachside)
located at 608 Mandala Ave. Clearwater Beach Revised Slk 7 art of Lot 9
Lookretis AB91-21 PLD
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The applicants are requesting approval of a separation distance variance
for a new 2-COP 1 icense for the sa le of beer and wine for on premises consumption
at a restaurant ca 11 ed Ka lly' 5 Beachs ide. The property is 50 feet from a
residential property and the code requires a 300 foot separation. .
The request involves the expansion of the restaurant into the adjacent
retail space which was previously occupied by an ice cream shop and 2 chair
barber shop. Construction of the expansion has already occurred; however, the
occupational license is being held until the sale of alcoholic beverages has been
authorized. There will be 98 seats inside the establishment with no outdoor
seating.
The hours of operation are proposed to be 7:00 a.m. to 10:00 p.m. daily.
These hours must be adjusted in accordance with State requirements for the sale
of alcoholic beverages (i.e. no sales before 1:00 p.m. on Sundays). There is an
existing attached dwelling unit on the second floor which will remain.
The Planning and Zoning Board approved the conditional use for the
alcoholic beverage sales subject to the following conditions: 1) The applicant
shall obtain approval from the City Commission and the Development Code
Adjustment Board for variances to the separation requirement and parking
requirement prior to the issuance of an occupational license for the alcoholic
beverage sales; 2) The applicant shall obtain the requisite occupational license
within six months; 3) Alcoholic beverages shall be restricted to on-premises
consumption and 4) Alcoholic beverage sales shall be prohibited after 10:00 p.m.
The proposal also requires approval of a parking variance of 8 spaces. The
Development Code Adjustment Board approved the parking variance subject to: 1)
A 3 sq.ft. minimum sign shall be posted in the front window notifying the public
that metered parking is available on Avalon Street~ and 2) the variance shall be
limited to its present owners.
A question was raised regarding the license and the conditional use being
personal to the appl icant and there was some confusion regarding who the
applicant was for this request. Staff will investigate.
The subject property is located at 850 Sayway Sou levard and fronts on
Clearwater Harbor. There is no proposed use for the facil ity. Th i s i 5 a
speculative request. City zoning requires a 51% food and non-alcoholic beverage
sales with a 4-COP-SRX license designation in the CR-28 zoning district.
On October 15, 1991, the Planning and Zoning Board approved the conditional
use permit associated with this request subject to conditions. While numerous
residents turned out to oppose the conditional use application, the Planning and
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Zoning Board and City staff feel that the conditions imposed will keep a l1Dock
of the Bay" situation from occurring at this property; in particular, the 11:00
p.m. closing time will limit the operation of the establishment to that of a
restaurant.
In considering approval of the alcoholic beverage distance separation
variance request, staff feels uncomfortable recommending approval of a
speculative request. Consequently, staff recommends tabling this item until the
applicant can have the proposed operator of the establishment appear before the
Commission to discuss operational details. This will eliminate any waiting
period requirements that simply denying the request would impose on the
applicant.
The applicant is requesting a 60 day continuance.
Discussion ensued regarding Resolution Trust Corporation applying for this
variance when there are no specific business plans of operation. The City
Manager indicated he has advised staff that he will not approve a speculative
alcoholic beverage license.
Home Construction Financin A reement to enable the Infill Housin
Prooram to fully utilize pledoed funds PLD)
The Infill Housing Development Program has reached the stage that seven
families have completed counseling, selected houses and lots, and clients have
saved the necessary money for down payments. At the present time, one of the
participating lenders is unwilling to make construction loans for new home
construction. In a limited number of instances, the client will ~ot be able to
afford the added cost of interest on the construction loan. Construction lending
is a sensitive issue with most banks, and this agreement creates a Ilfal1 back II
to keep the Infill Housing Program moving if construction funds become
unavailable.
It is proposed that City non-ad valorem revenues, previously designated for
the lnfill Housing Program in these limited instances, be made available to pay
for construct ion. The home wi 11 be sold to the buyer us ing a bank mortgage
immediately upon issuance of the certificate of occupancy, and the City will be
reimbursed for the cost of construction. Funds will be drawn down and placed
into escrow fund on an as-needed basis. The maximum amount of funds authorized
to be under contract at anyone time is $150,000. This could finance 4 or 5
homes at a time, however it is not expected that all of the funds would be out
at once.
Clearwater Neighborhood Housing Service (CNHS) will be an intermediary,
because the lots which have been purchased for the clients are held by CNHS.
Funds will be drawn by CNHS and placed in escrow at a bonded title company, which
will make the disbursements. Security for the loan is provided by a lien and by
the requirement that assets revert to the City upon termination of the agreement.
Contractors will be required to submit affidavits and certifications in
compliance with the Florida construction lien law prior to disbursements. A 10%
retainage will be included in all contracts. Contractors have been screened for
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credit worthiness. Commitments from the mortgage lender to loan funds to the
ultimate occupant of the home will be in place before construction begins. The
term of the construction is not expected to exceed 120 days.
Jim Polatty, Planning and Development Director, indicated occasionally the
City wi 11 need to implement one of these agreements in order to assist
individuals who are unable to get construction loans. It was indicated one of
the participating banks has expressed an unwillingness to provide this type of
loan. It was indicated Neighborhood Housing Services will administer the program
and there will be no administrative costs charged to the loan.
Bomeownershio Revolvino Loan Fund AQreement to enable CNHS to move houses into
the North Greenwood neiahborhood and renovate them for resale (PLD)
CNHS has recently been offered several homes which must be moved. These
homes are a va i 1 ab 1 e to CNHS at no cost. I n order to pay for mov i ng and
rehabilitation prior to sale, a source of short term funding is necessary.
It is estimated funds will be needed for a period of three to six months
per house. Costs are expected to be $25,000 to $30,000 per house. Funds may be
used for house moving, rehabilitation, land acquisition and payment for houses.
This revolving loan pool will be created with a one time allocation from
the infill housing development fund authorized in the 1989-90 budget year. This
fund is also used to secure first mortgages for newly constructed housing, and
to fund the infill housing construction program. Funds will be repaid to the
pool when the house is sold. No interest will be charged to CNHS, and security
for funds will be provided by a mortgage on the lot. The City1s risk will be
limited to the funds extended for each house, with $50,000 being the maximum
amount of funds on loan at any given time. This will allow CNHS maximum
flexibility to take advantage of opportunities as they arise.
It was indicated the homes being considered are available to Clearwater
Neighborhood Housing Services at no cost. In the future, there may be a need to
purchase homes to move into the housing program. The City Manager indicated he
will be requesting quarterly reports on the housing program to provide to the
Commission.
Revised Policies. COSG home rehabilitation loan proQram (PLO)
Housing rehabilitation has been a major emphasis in the use of CDBG funds
for the 17 years in which the program has been operating. Recently, the City
estab 1 i shed the IICha llenge 200011 lending program which leverages CDBG funds with
private bank financing to increase the overall community resources directed at
improv i ng hous i ng cond it ions. The llCha 11 enge 2000" program a 1 so incorporates new
housing construction in the North Greenwood neighborhood. In order to guide
staff in operating these programs, the rehabilitation policies had to be
substantially revised. Policies for new housing had to be created.
The proposed lending programs include deferred payment loans. guaranteed
bank loans, interest bearing loans (1 imited to the North Greenwood Neighborhood).
replacement housing, new housing loans, and emergency loans. The new lending
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programs use liability to repay II as an operating principle, however the City will
still maintain its function as a "last resortU lender for families with no
repayment capability.
Jim Polatty, Planning and Development Director, indicated the Challenge
Fund Program has been added to the policies. He indicated they are attempting
to obtain payments on all loans.
In response to a question, it was indicated the policy does allow credit
for labor contributed but this has only been done once. It was also indicated
that delinquency in foreclosure policies have been added. The program is now a
city-wide program for rehabilitation of housing.
181 Br i htwa ter Dr.
The applicant is requesting site plan approval to allow the new
construction of a hotel/motel building addition to the existing Orleans Motel
located at 181 Brightwater Drive.
The property consists of two lots. Lot #21 is the site of the existing
motel/apartment units and swimming pool. Lot #20 is undeveloped and is the site
of the proposed new motel structure and parking lot. The applicant has submitted
a signed Unity of Title along with the application. However, prior to the
issuance of a bu i lding permi t, the Unity of Title must be recorded by the
applicant.
The proposed size and location of the building is consistent with the size,
density and character of most of the development existing on Brightwater Drive.
A question was raised regarding the separation between the buildings and
it was indicated the separation did meet fire code. '
Revalidation of Site Plan for Plymouth Plaza located at 2588-2594 US19N, Sec. 30-
28-16. M&B's 34.01 & 43.01 (Plvmouth Plaza Ltd)(PLD)
The applicant is requesting a revalidation of the site plan for Plymouth
Plaza, Phase 1. The site plan was originally approved on July 25,1984. The
approved site plan consists of two 5-story office buildings and one 5 level
parking structure. One of the office buildings and the parking structure have
been constructed. The building permit for the second office structure has not
been obtained by October 19, 1991 as required by condition #2 of the latest
revalidation. Therefore, the applicant requests revalidation of the site plan
with an extension of two years in which to obtain his building permit. Staff
recommends the granting of a 2 year extension of the building permit period and
3 years to obtain a Certificate of Occupancy.
In response to a question regarding revalidating this site plan once again,
it was indicated that if the revalidation is not done, the developers would
probably claim they do have vested rights in the development.
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The Pine 11 as P 1 ann i ng Counc i 1 (PPC), hav i ng adopted the Countywi de
Consistency Program Report, is now considering the "Rulesll to implement the
Consistency Program. The PPC is scheduled to take action on the Rules at their
scheduled meeting on November 201 1991.
Many of the problems that staff has previously expressed concerning the
Rules have been resolved through productive discussions and negotiations with the
PPC staff. However, there still remains a major problem with the transfer of
development rights provisions with regard to the Coastal Construction Control
line (Ceel). Under the provisions of the Consistency Program Rules, properties
extending seaward of the ceCL will be eligible to transfer only one unit per acre
to areas landward of the CCCl, rather than full density according to the lIupland"
zoning as currently allowed under Clearwater regulations. Properties affected
by this include the Clearwater Beach Hotel, the Palm Pavilion and the Penguin
Palace.
While not as urgent as the CeCL/Preservation issue, the only other issue
staff is still concerned about is Small Scale Development Thresholds. With the
additional land use plan classifications required by Consistency, most zoning
, amendments in the future will also involve a change in the Countywide Plan. As
recommended by the Planners Advisory Committee (PAC) on October 7, 1991, staff
would reiterate that the thresholds should be the same as the state's thresholds;
those being generally 3 acres for commercial and 5 acres for residential with a
cumu 1 at i ve tota 1 of 30 acres in one ca 1 endar year rather than the .5 acre
threshold now proposed by the PPC.
Di?cussion ensued regarding the PPC's proposed policy to transfer only one
unit per acre for properties seaward of the Coastal Construction Control line
(CCCL). The City had been addressing this issue but it was placed on hold when
it was indicated the CCCL may be redrawn. However, the PPC has moved forward
with their recommendation. It was indicated Dave Healy, Executive Director of
the PPC, has suggested the use of a development agreement but staff feels this
is not the proper way to handle these issues. .
In response to a question, it was indicated that in other communitiesj the
CCCL pretty much runs with the seawall and properties are not affected by it.
The City Attorney indicated he has not looked at the item that carefully but he
is not sure that allowing only one unit per acre would be a taking.
Discussion ensued regarding the impact should ppe approve this policy. It
was suggested the City could grant the transfer and let the PPC deny it and then
allow them to address it should they be challenged. It was indicated cities are
required to conform to the PPC's policies and the PPC could take the City to
court if they do not adopt this. Consensus of the Commission was to inform the
ppe of the City of Clearwater1s concerns and recommend not adopting the one unit
per acre policy.
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Consensus of the Commission was to support staff in their position that the
.5 acres proposed as a threshold for PPC review of land use plan amendments is
too sma 11 .
Preliminary Site Plan for Victorian Cottages (formerly L'HermitaQe)
1350 Gulf Blvd. Sec. 19-29-15 M&B 14.03 & 14.08 1.419 acres Ver
Pro erties Inc. PLD
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The appl icant is requesting the Commission review the Prel iminary Site Plan
for Victorian Cottages located at 1350 Gulf Boulevard. The applicant proposes
to develop a 9 story condominium structure with a total of 27 units. Currently,
tennis courts are existing on this site.
The proposed structure is within the 80' maximum building height with the
101 bonus allowed for 50% parking provided under the building. However, the
maximum density permitted for the net acreage is 26 units. The applicant may
either revise the proposed number of units, or request a Transfer of Development
Rights from that portion of the property lying west of the CCel to increase the
number of units permitted on this site.
The site plan indicates a restroom facility to serve the swimming pool
area. The proposed elevation of the restroom is below the base flood elevation
for this zone. The applicant may either request a variance from the
Building/Flood Board of Adjustment and Appeals or increase the elevation of the
facility above the flood elevation.
The proposed development will generate less than the 140 tr'ips per day and
is "de minimis" which meets the concurrency requirements.
It was indicated this development would have to request a transfer of
density. In response to a question, it was indicated no comments have been
received from the condominium next door. It was requested the pedestrian
easement on this property be indicated.
located at 2436
This is a request to approve the site plan in order to construct a two
story structure over an existing retention basin to house a 12 unit group care
facility. The site is approximately .44 acres and is part of the original
development known as The Villas at Countryside Condominiums. A conditional use
is required for the Level II group care facility.
At the same time as The Villas at Countryside Condominiums was being
developed, a golf course was being constructed directly to the south. The
developer of the golf course cut a 80 foot wide path through the cypress wetland
along the south property line. The golf course and related construction are
located entirely in Pinellas County and all permits were issued without the
benefit of city review. In turn, this golf course development restricted the
natural flow of stormwater drainage from the north. The properties immediately
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affected were The Villas of Countryside Condonminiums and The Village at
Countryside commercial development located to the north, across Enterprise Road.
As a temporary solution, the Department of Public Works required additional
retention on these sites to compensate for the volume of storffiWater that no
longer could flow through the natural drainage course. One of these retention
areas ;s located on the subject property.
The owners of the Countryside developments were to file a lawsuit against
the owner/developer responsible for the drainage problem. After the retention
areas were in place, the owners never followed through with any legal action.
Consequently, the Department of Public Works requested the owners of the subject
property to dig out the pond and grass the slopes to create a wet retention pond.
The result is the pond that exists today on the site. There are not any amended
certified site plans on file that reflect these changes and events.
The subject property was subdivided by means of a metes and bounds
description and was never platted as required by the Land Development Code.
Therefore, this is an illegally subdivided lot. The lot was then allowed to fall
delinquent in taxes and subsequently sold by the County to the present owner.
Before the final site plan approval or any building permit is issued, the site
must be platted in accordance with the Land Development Code.
Environmental Management1s review of the plan concludes that the
construction of a building over the existing wet retention pond is in direct
conflict with the Comprehensive Plan, the City's Design Criteria for storm
drainage and wetland jurisdictional areas by State regulation. The specific
areas of concern are as follows: erosion control of the pond banks; shading
effect over the water creating a "dead" zone of plant life; protection of the
cypress dominated wetland area; water quality treatment prior to discharge into
the cypress dome; providing a littoral zonej the need for a FDER dredge and fill
permit and lack of on-site area for mitigation for the wetland area.
The proposa 1 directly confl i cts with numerous elements of the Comprehens i ve
Plan's Goals, Objectives, and policies with specific regard to erosion control,
drainage, protection and conservation of the environment, and preservation of
ecological community assets.
Staff strongly recommends denial of this proposal.
The Planning and Development Director indicated that it was the development
of the Top of the World golf course which caused the problems with drainage. The
temporary solution of the retention pond has now become a part of the wetlands.
The Villas at Countryside did not maintain this property and the County sold it
for back taxes. It was indicated it was not known how the County separated this
parcel from the rest of the development.
It was i nd i cated that the 1 awsu i t was never fa 11 owed through. The
condominium developer dug the pond and then sold off the parcel. The current
owner wishes to build over the pond which is now considered wetlands.
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City Attorney Reports
The City Attorney indicated he is presenting several ordinances which
repeal chapters of the code which are no longer felt necessary. rhe Commission
was asked to review these carefully to assure they have no problems with
repealing these.
Ord. #5153-91 - RelatinQ to city charter: proposino amendment to Sec. 8.04
relatina to nominations of candidates for citv commission. to orovide that
qualifYina fee and petition cards are to be received by the City Clerk not less
than 46 davs, rather than 35 days. prior to date of election: providinQ for
special election to be held in conjunction with reQular city election in order
to submit prooosed city charter amendment to voters
The City Clerk has indicated a confl iet with the Florida Statutes regarding
absentee ballots requiring that the ballots be sent out 35 days prior to the
election and the Cityls qualifying period not ending until 35 days prior to the
election. She has recommended that the qualifying period end 46 days prior to
the election.
Discussion ensued regarding the impact and it was stated this will not
shorten the campaign period as individuals can start collecting money and
campaigning as soon as they appoint their treasurer which can be done 90 days
prior to the election.
Ord. #5154-91 - Relatino to Administration of City. creatinQ Sec. 21.04 reaardinQ
departments of City. reoealinq Chapter 28 reQardinQ same
The City Attorney indicated the chapter regarding departments of the City
is seriously out of date. It was indicated the charter provides that the City
Manager needs City Commission approval to abolish or create departments.
A question was raised regarding boards which are no longer needed. The
City Manager and City Clerk will review this.
Verba 1 Reporfs
The City Manager requested a special meeting regarding utility rates and
the water reuse program. He indicated various options for the water reuse
utility would be discussed at that time. A request was made that information be
provided regarding the difference in implementing this program at Countryside
versus Island Estates. Consensus of the Commission was to set a special meetin9
for Oecember 4th at 1:00 p.m. (This meeting was later canceled due to conflicts)
The City Attorney reported regarding his continued efforts on the Stowell
case regarding the sewer line across Mr. Stowel1ls property. He indicated they
have discussed settlement and he is close to presenting a recommendation to the
Commission. He stated if his efforts to reach a settlement fail. the case would
then go to mediation with Steve Seibert serving as the mediator. He indicated
the court had denied his request to amend the motion due to the case having been
referred to mediation. He stated if mediation should fail, he feels the court
will allow an amendment to the complaint.
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The City Manager reported regarding the Maas Brothers property that last
week the City had been given an indication that there may be another bid. This
bid did not materialize and the City will need to close on the property in the
near future. He questioned whether or not the Commission wished to reconsider
the cost of the purchase coming from the General Fund.
Discussion ensued regarding this with it being stated that the question of
the development potential for the property above the 28' 1 ine needed to be
resolved and this could be done by the eRA purchasing the property above the 28'
line and the City purchasing that portion below.
Discussion ensued regarding the various options. Consensus of the
Commission was to bifurcate the property with the CRA purchasing that portion
above the 28' line and the City purchasing the portion below. If needed, the
item will be added to the agenda Thursday night.
Other Commission Action
Commissioner Regulski questioned what happened to the City's participation
in the pinellas County Distribution of Water Restriction Devices. It was
reported the City is not a part of this program at this time however, the water
superintendent will be meeting with the County next week regarding this. He
questioned the Clearwater Pass Bridge being delayed one year and the five year
transportation improvement program. The City Manager indicated he had first
heard of this today and has not had an opportunity to follow up but as far as he
knew, the bridge was still on schedule.
Kathy Rice, Deputy City Manager, indicated the Commission may be receiving
calls because DOT is working on Memorial Causeway Bridge and the County is
working on the Belleair Causeway. She stated it is requiring closures at certain
times but these bridges are not under the control of the City of Clearwater.
Commissioner Berfield questioned whether or not there were mechanical
problems with Memorial Causeway as she has been questioned by citizens and it was
indicated there have been some problems but the bridge is under the authority and
responsibil ity of the State Department of Transportation. She indicated she
would get with the City Manager regarding additional properties on the Bayfront
being available for purchase.
Commi s s i oner F itzgera 1 d reported that a t the November 11 th Tampa Bay
Regional Planning Council meeting, they adopted the comprehensive plan less the
water and transportation issues. These will be discussed at a later time. ,He
questioned the status of the Stevenson Creek project now that the contract has
been assigned and the City Manager indicated the project is progressing more
rapidly now.
The Mayor questioned whether or not there would be any follow up regarding
truancy and child labor laws in light of the recent articles entitled lIChildren
of Scientologyll. She requested other Commission members approach their civic and
service organizations regarding the possibility of purchasing, for $50.00, the
City/County Government textbook prepared by the Florida League of Cities to be
placed in area highschools.
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The City Manager reported the Commission would be receiving a petition from
, people who did not want a sidewalk along the north side of Cleveland Street from
San Remo to Duncan. He ind,icated his inclination was to not construct the
sidewalk at this time.
The Mayor indicated there is a sidewalk on,the south side which encourages
school children to stay on that side of the street rather than crossing at any
point along that route..
The meeting adjourned at 2:45 p.m.
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