06/01/1995 (2)
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COMMISSION
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. City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 1, 1995 - 6 :00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your ~ and address. Persons speaking beforo the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462~6684.
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
a) Community Relations Board - Annual
Report
b) Res. #95-54 - declaring June 1995 as
Hurricane Awareness Month
6. Approval of Minutes - Regular Meeting
5/18/95 & Special Meeting 5/18/95 (walk
thru Harborview Center)
7. Citizens to be heard re items not on the
Agenda (maximum of 30 minutes)
(,':;'
1. Rev. Dennis MacAleer, Trinity Presbyterian
Church.
2. Mayor.
3. None.
4. Safety Awareness Week - 6/4-10/95
5. a) Report received.
b) Res. #95-54 adopted.
6. Approved Regular Meeting 5/18/95 as
corrected by Clerk, Special Meeting 5/18/95
as submitted.
7. John Doran requested Sunsets at Pier 60 be
allowed to provide concessions until new
Pier 60 park concession stand is
constructed. Consensus for this to be
handled administratively.
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative 15 minutes).
Commission disposition
8. (Cont. from 5/18/95) Public Hearing & First
Reading Ord. #5818-95 - Vacating 60'
north/south r-o-w of Carolyn Lane, lying N
of Sandy Lane, and the 3' utility easement
lying along the W side of Lot 1, Blk F,
Highland Estates of Clearwater 1 st
Addition, subject to: city retaining a 17'
drainage & utility easement over westerly
side of the vacated r~o-w; a 15' drainage &
,
~ 6/1/95
8. Approved subject to conditions stated.
Ord. #5818-95 passed 1 st reading.
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. ~ utility easement along the north side of
.",J vacated r.o-w: and applicant providing an
easement for relocated water line (MaxweU,
V94-15t
9. Public Hearing & First Reading Ords.
#5826-95. #5827-95 & #5828-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS-4 Zoning for property
located at 1812 Brentwood Dr., Lake Lela
Manor First Addition, Lot 8, 0.36 acres
m.o.l. (Jeffrey & Kolleen Elliott, AS5-0S,
LUP95-06)
10. Public Hearing & First Reading Ords.
#5829-95, #5830-95 & #5831-95,-
Annexation, land Use Plan Amendment to
Residential Urban & RS-8 Zoning for
property located at 3016 Carolina Ave., Bay
View City Sub., Blk 5, Lot 8 & abutting
alley to N & abutting r-o-w of Carolina Ave.,
0.15 acres m.o.l. {Jeffrey & Billie
Wilkerson, A95-06, LUP95-07t
11 . Public Hearing & First Reading Ords.
#5832-95, #5833-95 & #5834-95-
Annexation, Land Use Plan Amendment to
t,t~ Residential Low & RS~6 Zoning for property
-~ located at 2965 Sunset Point Rd., Sec. 5-
29-16, M&B 14.17, 1.02 acres m.o.l.
(Allen, Jr. & Ann McMullen, A95-07,
lUP95-08)
12. Public Hearing & First Reading Ord. #5821-
95 - LDCA re Outdoor cafes and sidewalk
vendors {LDCA94-13t
1 3. Public Hearing & First Reading Ords.
#5823-95. #5824-95 & #5825.95-
lOCA's re Neon signs & lighting,
illuminated area of sign structures, and size
of sign structures (LDCA95-13, 95-14, &
95-15)
14. Public Hearing & First Reading Ord. #5819-
95 - Amending Sec. 35.11, to revise the
definition for congregate care (LDCA95~09~
15. (Cont. from 4/6 & 5/4/95) Public Hearing ~
Vacating section of Wood Drive r-o~w, from
Smallwood Circle to Rosemere Road
(LeConche, V95-05) - To be Cont.
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9. Approved. Ords. #5826-95, #5827-95 &
#5829-95 passed 1st reading.
10. Approved. Ords. #5829-95, #5830-95 &
#5831-95 passed 1 st reading.
11. Approved. Ords. #5832-95, #5833-95 &
#5834-95 passed 1 st reading.
12. Continued to 6/15/95.
13. Ords. #5823-95, #5824-95 & #5825-95
passed 15t reading.
14. Approved. Ord. #5819-95 passed 1 st
reading.
15. Continued to 6/15/95.
2
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Public Hearing. Second Reading Ordinances
17.
Ord. #5836-95 - Relating to the Land
Development Code; amending various
sections; to provide a definition of
"Development Review Committee" {DRCl;
to delete formal ordinance requirements
relating to the composition & powers of the
ORC; to delete requirement for receipt and
referral of annexations, subdivision plats,
site plans, zoning atlas amendments and
comprehensive land use plan amendment,
except for subdivision plats & site plans
above a specified area; to require the
posting of properties Which are the subject
of proposed site plans & subdivision plats;
to establish revised submission
requirements for planned development
concept plans, and for conditional use
permit and variance sito plans; to authorize
the Development Code Administrator to
certify site plans & subdivision plats; to
authorize the City Manager to determine
whether to require the conveyance of land,
payment of cash, or a combination thereof
to satisfy the recreation land impact fee and
open space impact fee
Ord. #5837-95 - Amending Sec. 36.035, to
clarify duties of the Development Code
Adjustment Soard (DeAS), amending Sees.
45.02,45.21,45.23 & 45.25, to provide
for consideration of sign variances by the
DCAS - WITHDRAWN on 1 st reading
5/18/95
Ord. #6840-95 - amending Ord. #5815-95,
Sec. 2, powers of the Agency and City
Commission (re Enterprise Zone
Development Agency - EZDA)
, 6. Ord. #5836-95 adopted.
17. Withdrawn on 1 st reading on 5/18/95.
18.
19. - Special Items of widespread pUblic interest - None.
18. Ord. #5840-95 adopted.
20.
Citizens to be heard re items not on the Agenda
Bob Sickerstaffe questioned delay of Harborview Center. Assistant City Manager Baker indicated
Center is on schedule to open 1/1/96.
John Doran requested neighborhood indicators such as signs or banners as recommended by Scott
Shuford be considered for beach redevelopment.
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r--; CITY MANAGER REPORTS
CONSENT AGi:NbA (Items #21-371- Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
26.
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~6/1/95
21.
Contract for lot mowing and debris removal to Interbay Landscape Services, Clearwater, FL, for
the period 6/2/95-6/1/96, for $49,000 (CRT)
Contract for remodeling of Gas Administration and Operations Center Buildings, located at 400
N. Myrtle Ave., to Design Wise Building, Clearwater, FL, at an est. $162,550; contract for a
TECO Chill air cooled gas driven engine condensing unit chiller to G. L. Spies, for an est.
$54,500, for a total est. $217,050 (GAS)
Purchase of est. requirements for vellow 2306 polyethylene gas pipe & fittings to: M. T.
Deason Co., Inc., Birmingham, AL, at an est. $266.454.75; Equipment Controls Co., Norcross,
GA, at an est. $205,003.86; and Perfection Corp., Madison, OH, at an est. $31,070, for the
period 6/15/95-6/14/96, for a total est. $502,528.61 (GAS)
Agreement with the School Board of Pinellas Cou,nty for the city to utilize Pinellas County School
Buses, for the period 6/1/95-5/31/96, for $.90 per mile plus $12.50 per hour, for a total est.
$8,800 (PR)
Agreement with Southgate Mobile Home Park, Inc., authorizing installation of emergency
standby water service connection (PW)
Contract for Marina Fishing Pier to Inter-Bay Marine Construction Co., Largo, FL, for
$122,422.45 (EN)
Approve Letter of Understanding with FDOT to define responsibilities & funding for project
design of Drew Street Widening, from Highland Ave. to NE Coachman Rd. (EN)
Accept Quit-Claim deed, dated 3/22/95, from Joanne C. Episcopo conveying all her right, title &
interest in Lot 9, Blk A. Norwood Sub., a/k/a 600 Marshall St., to the City for $10& other
consideration including city forgiveness of Certificates of Indebtedness in the est. amount $933
as of 5/31/95, city payment of 1994 & current year ad valorem taxes in the approx. amount
$102 as of 5/31/95, and city payment of state documentary stamps & recording fees of
$30.50, for a total est. $2,170 [EN)
Accept Contract for Purchase of Real Property from Lois Y. Hamlin, Bassadena Sub.. Blk 0, lots
1-3 & 52 and N 10.6' of Lot 51, for purchase price $59,000; approve forgiving accrued interest
not to exceed $ 800 due from 11/4/94 thru 7/31/95 on city demolition liens against said real
property; pay 1995 ad valorem taxes due to day of closing, est. $690 thru 7/31/95; pay
environmental audit & testing expenses maximally est. $3,500; and boundary survey & closing
costs, est. $600 - for a total est. $63,790 (EN)
Purchase a 100 ton stationary truck scale for the Solid Waste Dept. from Dickey Scales, Inc.,
Tampa, FL, for $43,747 (SW)
Receipt/Referral - LDCA re North Greenwood Commercial District lLDCA95-11) (CP)
Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS~8 Zoning for
property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, A95-12,
LUP95-14~ (CP)
Receipt/Referral - Annexation, land Use Plan Amendment to Residential Low & RS-8 Zoning for
property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary
Baptist Church, A95-13 LUP95.15) rCPJ
22.
23.
24.
25.
28.
29.
30.
3"
32.
33.
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35.
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Agreement with James C. Massie, extending lobbyist services for the period 6/26/95.6/25/96,
for $17,064 plus reasonable and necessary out~of~pocket expenses (CM)
Sanitary Sewer Lien Agreement - 1737 Evans Dr., Virginia Grove Terrace 4th Add., Lot 21 and N
15' of Lot 22 (Purdue) (CA)
Easement to clear title for property commonly known as the "Sludge Farm" (CAl
Approve City Attorney Staffing Plan to add 1 full.time attorney, 1 part-time attorney, 1 paralegal
and 1 receptionist (CAl
36.
37.
OTHER ITEMS ON CITY MANAGER REPORT
38.
Res. #95-48 ~ providing for the defeasance
and redemption of a portion of the Public
Service Tax and Bridge Revenue Bonds,
Series 1985 (FN)
Res. #95~31 ~ increasing current fees for
rental of certain public buildings, recreation
buildings, the Bands hell, swimming pools
and athletic fields; Rescind Res. #90~49,
91-47 & 93~ 71. on the same subject;
authorize City Manager or her designee to
establish and adjust rental fees in the future
(PR)
Assignment of Lease from the PGA Tour
Associates~l, Ltd. (PGA) to MJM Golf
Enterprises, Inc., for the PGA's interest as
"Lessee" under Lease dated 11/12/85,
between the Chi Chi Rodriguez Youth
Foundation 'lessor) and the PGA (Lessee)
(PR)
Authorize proceeding with acquiring
cooperative funding to support continued
development of environmental planning
studies & projects; approve Environmental
Management Group Five Year Capital
Watershed Plan and Water Resource Project
Summary Document for FY 1995196 (EN)
Remaining 4 appointments to be made to
Design Review Board (ORB) (ep)
39.
40.
41.
42.
38.
Approved. Res. #95~48 adopted.
39.
Approved. Res. #95~31 adopted.
40.
Pulled. Scheduled for 6/15/95.
41.
Authorizedl Approved.
42.
Appointed Mary Mavronicolas to aren
property owner or merchant ~ Clearwater
Beach, 3 yr. term; Arthonia Godwin to area
property owner or merchant - North
Greenwood, 4 yr. term; Kathy Milam to At~
Large, 4 yr. term; William McCann to At-
Large,3 yr. term; also re prior 3
appointments - Kate McCullough to receive
4 yr. term; Robert Herberich to receive 4 yr.
term: & Arthur Shand to receive 3 yr. term.
5
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M3. Mid~Year Budget (eM) 43. Approved.
. '. ~ I a) First Reading Ord. #6854~95 - operating a) Ord. #5854-95 passed 1 st reading.
b} First Reading Ord. #5855.95. CIP b) Ord. #5855~95 passed 1 st reading.
44. Approve Union Contract. CW A (CM) 44. Approved.
45. Marine Advisory Board - 1 appointment 45. Reappointed David Martens.
(elK)
46. Development Code Adjustment Board - 1 46. Appointed WilHam Johnson.
appointment (eLK)
47. CNHS (city rep) - 1 appointment (ClK) 47. Reappointed Howard Groth.
48. Other Pending Matters 48. a) Final offer of $300,000 authorized.
a) Chamber of Commerce Counter Offer
CITY ATTORNEY REPORTS
49. Resolutions
a) Res. #95-55 ~ Amending the Commission
Rules by adopting a special rule of order
concerning appointment of a City
Commissioner
50. Other City Attorney Items
a} Settlement Agreement in Church of
Scientology Flag Service Organization, Inc.
vs. City: consolidated with Americans
I .........., United for Separation of Church and State,
-..-. at al.
49. al Res. #95-55 adopted.
50. al Approved settlement agreements.
51. City Manager Verbal Raports
51. None.
52. Other Commission Action
52. Barfield requested status of franchise
agraement negotiations.
Johnson thanked Lois Cormier for her
informing the Commission of past
discussions and actions of the Commission.
53. Adjournment
53. 7:49 p.m.
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CITY COMMISSION MEETING
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June 1, 1995
, The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, June 1, 1995 at 6:00 p.m:, with the following members present: '
Rita Garvey
Sue A. Berfield
J. B. Johnson
Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Absent:
Fred A. Thomas
Commissioner
Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
patricia Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Engineer
City Clerk
Board Reporter
The Mayor called the meeting to order. The invocation was offered by Reverend
Dennis MacAleer of Trinity Presbyterian Church. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research. the items will be listed In agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamati on:
Safety Awareness Week - June 04- 10, 1995
ITEM #5 - Presentations
a) Community Relations Board - Annual Report
Reverend Herbert Freitag, chair of the Community Relations Board, reported the
board met four times last year. The board's purpose is to help the City's professional staff
resolve discrimination. The number of cases has decreased. He said the excellent,
efficient staff was able to handle most of the 300 cases filed.
u
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Reverend Freitag said the board has taken a pro-active approach in community
involvement to discourage discrimination. They are trying to become more involved in
other groups working to prevent discrimination and bigotry. He hoped their increased
liaison efforts will reduce redundancy and prevent problems before they arise. Reverend
~reitag was convinced fewer cases of discrimination occur in Clearwater than in other
communities because the Community Relations Board exists and board members take a
pro.active role. He said he is consistently impressed by the staff's professionalism.
b) Res. #95.54. declaring June 1995 as Hurricane Awareness Month
The City Manager recognized Fire Marshal Jim Goodloe, Coordinator of Emergency
Services.
The City Attorney presented Resolution 1195-54 and reaq it by title only.
Commissioner Barfield moved to pass and adopt Resolution #95-54 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
j) ITEM #6. Aooroval of Minutes
~:,:
Commissioner Johnson moved to approve the minutes of the regular meeting of
May 18, 1995, as corrected by the City Clerk'and the special meeting of May 18, 1995,
as recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the AQenda
John Doran requested Sunsets at Pier 60 be allowed to provide concessions until a
new Pier 60 park concession stand is constructed. He proposed to have concessions
offered between 9:00 a.m. and 9:00 p.m., seven days a week. He said the number and
types of articles sold will be limited and a process can be developed with the
Harbormaster. He said the concessions will not compete with beach restaurants.
Consensus was to handle this request administratively.
PUBLIC HEARINGS
ITEM #8. (Cont. from 5/18/95) Public Hearing & First Readino Ord. #5818.95 - Vacating
60' north/south r.o-w of Carolyn Lane, lying N of Sandy Lane, and the 3' utility easement
lying along the W side of Lot 1, Blk. F, Highland Estates of Clearwater 1 st Addition,
I...)
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subject to: City retaining a 17' drainage & utility easement over westerly side of the
, vacated r-o-w; a 15' drainage & utility easement along the north side at vacated r-o-w; and
applicant providing an easement for relocated water line (Maxwell. V94-'5)
The applicant requests the City to vacate the Carolyn Lane right-ot-way to build a
\ single family home by combining the vacated right-at-way with part of the applicant's
adjacent property. When vacated, the west halt of the right-of-way initially would revert to
the property owner to the west and the applicant would obtain that land to make a
buildable lot. The property owner to the west provided a letter stating no objection to the
construction of a home on the lot. The City has a six-inch water main and eight inch
sanitary sewer main within the right-at-way.
The request was reviewed by various City departments/divisions concerned with
,. vacations. The applicant has placed $9.888.27 in escrow to address Engineering Services'
requirement to relocate the existing six-inch water main at applicant's expense.
Engineering also requires that the west 1 7 feet and the north 1 5 teet be retained as a
drainage and utility easement and a 1 8-foot drainage and utility easement be granted to the
City over the relocated water main. The Central Permitting Director has no objections
provided the applicant submits an application for an administrative lot division and the
concerns of Engineering Services are met. No other departments had objections.
Florida Power and General Telephone have no objections provided a 10-foot
easement is granted over the north end of Carolyn Lane. Vision Cable does not object to
the proposed vacation.
The City Attorney stated, according to her preliminary research in response to
questions raised at Monday's Work Session, the City cannot sell rights-at-way. She will
further research how the County handles similar requests. Central Permitting Director
Scott Shuford said, based on tax receipts. the subject property would yield $400 annually
to the City in property taxes if developed as a single family residence.
Commissioner Berfield moved to approve the vacation of the 60-toot north/south
right~of-way of Carolyn Lane, lying north of Sandy Lane as shown on the plat Highland
Estates of Clearwater first Addition together with the vacation of the three-foot utility
easement lying along the west side of Lot 1, Blk. "F," Highland Estates of Clearwater first
Addition, subject to the City retaining a 17~foot drainage & utility easement over the
westerly side of the vacated right-of-way, a 1 5~foot drainage & utility easement along the
north side of vacated right-at-way, and the applicant providing an easement for the
relocated water line. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5818-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5818-95 on fJrst reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
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06/01195
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Absent: Thomas
Commissioner Berfield requested the City Attorney review County procedures fq~
possible City application.
LTEM #9 - Public Hearing & First Readina Ords. #5826-95. #5827-95 & #5828-95-
Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property
located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.1.
(Jeffrey & Kolleen Elliott, A95-05, lUP95-06)
The subject property, one block north of Lakeview Road, is on the north side of
Brentwood Drive approximately 370 feet east of Keene Road. The applicants wish to
annex to obtain City sawer service. The street in front of the property is in the City. The
Countywide Future Land Use Plan Classification for the property and others in the area in
the County, is Residential Low. Nearby properties in the City have a Countywide Future
land Use Plan Classification of Residential Urban. It is proposed to assign the applicants'
property a Future land Use Plan Classification of Residential low and a zoning of Single-
Family Residential "Four," the same zoning assigned to lots in the block already in the City.
On May 16, 1995, the Planning & Zoning Board unanimously endorsed the.
proposed annexation.
Commissioner Johnson moved to approve the petition for Annexation, Future land
Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family
i~;;) Residential"Four" for lot 8, Lake lela Manor, First Addition. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5826-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5826w95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Naysl1: None.
Absent: Thomas
The City Attorney presented Ordinance #5827w95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5827w95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
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The City Attorney presented Ordinance #5828-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5828-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": BerfIeld, Johnson and Garvey.
"Nays": None.
Absent: Thomas
ITEM #10 - Public HearinQ & First Reading Ords. #5829-95. #5830-95 & #5831-95-
Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property
located at 3015 Caronna Ave., Bay View City Sub., Blk. 5, Lot 8 & abutting alley to N &
abutting r-o-w of Carolina Ave., 0.15 acres m.o.1. (Jeffrey & Billie Wilkerson, A95-0S,
LUP95-07)
The subject property, on the north side of Carolina Avenue, is one street north of
Gulf-ta-Bay Boulevard between Bayview Avenue and Meadow Lark Lane. The applicants
wish to annex to obtain City sewer service. The properties to the north, south and east
are in the City. The property on the north side of Carolina Avenue has a Countywide
Future Land Use Plan Classification of Residential Urban. Residential property north of
Carolina Avenue in the City is zoned Single-Family Residential "Eight.1/ It is proposed to
assign these classifications to the applicants' property.
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'....,.) The north half of Carolina Avenue in front of the property and the abutting alley
north of the property are in the County. It is proposed to annex these rights-of-way with
the property.
On May 16, 1995, the Planning & Zoning Board unanimously endorsed the
proposed annexation.
Commissioner Berfield moved to approve the petition for Annexation, Future Land
Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family
Residential "Eightlf for Lot 8, Block 5, Bay View City Subdivision together with the abutting
right-of-way of Carolina Avenue and the abutting alley to the north. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5829-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5829-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
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The City Attorney presented Ordinance #5830-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5830-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nayslt: None.
Absent: Thomas
The City Attorney presented Ordinance #5831-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5831-95 on first reading. The
motion was duty seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
ITEM #11 - Public Hearing & First Readina Ords. #5832-95. #5833-95 & #5834-95-
Annexation, land Use Plan Amendment to Residential low & RS-6 Zoning for property
located at 2965 Sunset Point Rd., Sec. 5-29-16. M&B 14.17, 1.02 acres m.o.1. (Allen, Jr.
& Ann McMullen, A95-07, LUP95-08)
('''''-) The subject property on the south side of Sunset Point Road is just west of its
~ intersection with Abbey Lake Road. The applicants wish to annex to obtain City sewer
service. The property to the south (Castle Woods) is in the City and is zoned Single-Family
Residential "Six./1 The applicants' property has a Countywide Future Land Use Plan
Classification of Residential Low and is zoned Single-Family Residential "Six." It is
proposed to assign the property a City Future Land Use Classification of Residential Low
and zoning of Single-Family Residential "Six.,1
On May 16, 1995, the Planning & Zoning Board unanimously endorsed the
proposed annexation.
Commissioner Johnson moved to approve the Petition for Annexation, future Land
Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family
Residential "Six" for Part of Sec. 5-29-16; M&B 14/17. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #5832-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5832-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
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Absent: Thomas
The City Attorney presented Ordinance #5833-95 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5833-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
nAyes": B.erfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
The City Attorney presented Ordinance #5834-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5834-95 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayesll: Berfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
ITEM #12 - Public Hearina & First ReadinQ Ord. #5821-95- LDCA ra Outdoor cafes and
sidewalk vendors (LDCA94-13)
~
The City Commission has reviewed this ordinance several times. The Commission
previously directed staff to include pedestrian areas of shopping centers and to exclude
public sidewalks.
'This ordinance allows as an accessory use to restaurants, outdoor cafes that could
be located on private property immediately adjacent to the street on Clearwater beach in
the Beach Commercial and Resort Commercial districts, in the North Greenwood
Commercial district, the Commercial Center district and the Urban Center district and in the
pedestrian areas of shopping centers and pedestrian malls in each of the above districts as
wells as the General Commercial and Highway Commercial districts. Outdoor cafes will be
located adjacent to public sidewalks on private property. This proximity will allow
additional business opportunities while promoting pedestrian-level interest.
Sidewalk vendors would be allowed only in public park areas or immediately
adjacent to public parks in the Urban Center district {downtown). Requirements, similar to
those for outdoor cafes, are provided for sidewalk vendors to ensure safety and adequate
pedestrian access, besides protecting surrounding property owners and the public from
litter, noise and other potential problems. The "marketing plan" for sidewalk vendors has
been distributed and includes guidelines used by the Community Redevelopment Director to
allow the establishment of vendors in a way that meets City goals.
The Clearwater Beach Association has recommended allowing vendors in limited
circumstances on Clearwater beach. Considering past resistance to vendors outside
specific public downtown parks, staff did not include that provision in the ordinance.
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Mr. Shuford said restaurants that open outdoor cafes according to established
policies and restrictions will be granted parking incentives. Sidewalk vendors will be
restricted to public parks downtown. Vendors currently are allowed as a permitted use.
New language is more specific and requires an agreement with each vendor. An outdoor
cafe would be permitted at the Harborview Center where it might be a nice amenity.
Commissioner Johnson questioned if businesses can request variances to sell
alcohol or food on sidewalks. Mr. Shuford said sidewalk cafescan be approved through
the conditional use process. Seating on public sidewalks will not be permitted and
proximity to residential uses will require a variance. He pointed out the City Commission
controls the Harborview Center and must approve all uses on that public property.
Kim Cooper, owner of the espresso vending cart in Station Square Park, supported
the proposed ordinance. He expressed pride in being part of the revitalization of
downtown. He noted a discrepancy regarding the hours of operation permitted in the rules
versus the ordinance. He recommended the ordinance's language permit vendor operations
between 6:00 a.m. and 10:00 p.m. He also suggested establishing rules limiting set up
times as that action can be unsightly. Mr. Shuford indicated the agreement standards
could be modified to address this concern.
Bob Tankle, representative for Surf West, Inc. which operates the Ritz cafe, said he
supported the proposed ordinance. He referred to section 41.221 regarding the prohibition
of outdoor cafe seating in parking areas. He stated the code does not contain a definition
of a parking area. He noted the cafe he represents is located in a nonconforming structure
",'t-.. with backout parking in front. He suggested those parking spaces could be used for an
t,,!!,,oft" outdoor cafe. He said on Saturday evenings, the restaurant is full while many parking
spaces remain empty. Mr. Shuford suggested this issue be addressed through a parking
variance rather than changing the ordinance.
Commissioner Berfield expressed concern that servers not wait on patrons from a
public sidewalk. Mr. Shuford said the ordinance does not address that matter. The City
Attorney did not know if that change would be considered substantial. She recommended
continuing the item. Commissioner Johnson agreed the City wants to avoid additional
liability. Mayor Garvey stated all restrictions need to be specified in the ordinance.
Commissioner Berfield moved to continue this item until June 15, 1995. The
motion was duly seconded and carried unanimously.
ITEM #13 - Public Hearing & First Readina Ords. #5823-95. #5824-95 & #5825-95-
LOCA's re Neon signs & lighting, illuminated area of sign structures, and size of sign
structures (LDCA95-13, 95-14, & 95~15)
Ordinance #5823-95 regulates neon lighting. The ordinance is directed at neon
lighting not related to the architectural features of a building, such as neon "palm trees."
Staff did not previously recommend this type of regulation and the Commission agreed, as
long as no proliferation of this type of lighting occurred. The majority of the Commission
now feels proliferation is occurring.
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Commissioner Johnson requested clarification of neon signage. Mr. Shuford
explained this ordinance would limit the use of neon to defining a building's architectural
features. Current signage would be exempt and no new nonconforming uses would be
permitted. Commissioner Johnson questioned if merchants can request a variance for non~
permitted uses of neon. Mr. Shuford said they could apply.
Commissioner Berfield questioned if current neon signage that does not conform to
the new regulations can be replaced when needed. Mr. Shuford said the replacement
would need to conform to regulations or the merchant could seek a variance.
The City Attorney presented Ordinance #5823-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5823-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays It: None.
Absent: Thomas
Ordinance #5824-95 is directed at the illuminated area of sign structures other than
the sign "face." The ordinance is intended to regulate signs such as the Church;s sign on
Gulf-to-Bay Boulevard, the Century 21 sign on Court Street; and the McDonald's signs on
Gulf-to-Bay and Missouri Avenue. Staff has supported this regulation in the past.
(<'t,. )
.~ The City Attorney presented Ordinance #5824~95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5824-95 on tirst reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": Barfield, Johnson and Garvey.
nNaysu: None.
Absent: Thomas
Ordinance #5825-95 is intended to regulate the size of sign structures and address
signage such as the Second Chance Auto sign on Gulf~to-Bay and the Cypress Point
shopping center on US 19N. Staff previously recommended against restricting the size of
sign structures since desirable signs such as the Cypress Point shopping center and the
Clearwater beach Ramada Inn would not be allowed; except thought the variance process.
The City Attorney presented Ordinance 115825-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance 115825-95 on first reading. The
motion was duly seconded and upon roll call; the vote was:
"Ayes": Barfield, Johnson and Garvey.
"Nays": None.
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Absent: Thomas
JTEM II 14 - Public Hearina & First Reading Ord. #5819-95 - Amending Sec. 35.11, to
revise the definition for congregate care (LDCA95-09)
Staff has identified a "quirk" in the code regarding congregate care facilities. The
current definition seems to imply that a congregate care facility can only be a single
building. Some congregate care facilities in the City contain multiple buildings. Under
State law, congregate care facilities may have multiple buildings. This.ordinance would
correct this inconsistency.
The Planning & Zoning board reviewed this ordinance and has recommended
approval.
Commissioner Berfield moved to approve the Land Development Code amendment
concerning revisions to the congregate care definition. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance 11581 9-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5819-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield,'Johnson and Garvey.
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"Nays": None.
Absent: Thomas
ITEM #15 - (Cont'd from 04/06 & 05/04/95) Public Hearing - Vacatina section of Wood
Drive riaht-of-wav. from Smallwood Circle to Rosemere Road (LeConche, V95-05)
Staff still is working with the applicants to obtain appropriate easement.
Commissioner Berfield moved to continue this item until June 15, 1995. The
motion was duly seconded and carried unanimously.
Public Hearina - Second Reading Ordinances
ITEM #1 6 - Ord. #5836-95 ~ Relating to the Land Development Code; amending various
sections; to provide a definition of "Development Review Committeetl (DRC); to delete
formal ordinance requirements relating to the composition & powers of the ORC; to delete
requirement for receipt and referral of annexations, subdivision plats, site plans, zoning
atlas amendments and comprehensive land use plan amendment, except for subdivision
plats & site plans above a specified area; to require the posting of properties which are the
subject of proposed site plans & subdivision plats; to establish revised submission
requirements for planned development concept plans, and for conditional use permit and
variance site plans; to authorize the Development Code Administrator to certify site plans
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& subdivision plats; to authorize the City Manager to determine whether to require the
conveyance of land, payment of cash~ or a combination thereof to satisfy the recreation
land impact fee and open space impact fee
Commissioner Johnson referred to Sec. 37.21 (1) and questioned the procedure
should the Planning & Zoning Board turn down the request. Mr. Shuford said the process
will start with Planning & Zoning Board review and will continue to the City Commission
for approval even if the Planning & Zoning Board recommended denial.
Commissioner Berfield expressed concern the City may be held liable if the
Commission requests changes after a plan has gone through the process. Mr. Shuford
said, under current procedures. many preliminary site plans require detailed changes prior
to final approval which cause complications. The new procedure requires all details up
front. If a planned devalopment is changed following review by the Planning & Zoning
Board, the development must return to the Planning & Zoning Board for another review.
The City Attorney said under the proposed changes, the City would have no more liability
than it does currently.
The City Attorney presented Ordinance #5836-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5836-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson and Garvey.
(~;J
nNays": None.
Absent: Thomas
ITEM #17 - Ord. #5837-95- Amending Sec. 36.035, to clarify duties of the Development
Code Adjustment Board (DCAB), amending Sees. 45.02145.21 f 45.23 & 45.25, to provide
for consideration of sign variances by the DCAB
Item was withdrawn on first reading on May 18, 1995.
ITEM #18 - Ord. #5840-95 - amending Ord. #5815-95, Sec. 2, powers of the Agency and
City Commission (ra Enterprise Zone Development Agency ~ EZOA)
Commissioner Johnson requested clarification of the ordinance. The City Attorney
explained the powers were divided into two sections wittl administrative powers granted to
the Enterprise Zone Development Agency (EZDA) and financial powers granted to the City
Commission. She said this division of powers addressed concerns expressed by the City
Commission.
The City Attorney presented Ordinance #5840-95 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5840-95 on first reading. The
motion was duly seconded and upon roll calli the vote was:
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ttAyes"; Berfield, Johnson and Garvey.
"Naysll: None.
Absent: Thomas
ITEM 1119 - SPBcialltems of widespread public interest - None.
ITEM 1120 - Citizens to be heard re items not on the Aaenda
Bob Bickerstaffe questioned why the opening of the Harborview Center has been
delayed. Assistant City Manager William Baker indicated the Center has always been and
is on schedule to open January 1, 1996. He stated staff at one time had hoped to open in
December, but that cannot be done.
John Doran complimented the international flags flying downtown. For beach
redevelopment, he requested consideration of neighborhood indicators such as signs or
banners as recommended by Scott Shuford.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #21-37) - Approved as submitted
(")
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ITEM #21 - Contract for lot mowing and debris removal to Interbav Landscape Services,
Clearwater, FL, for the period 06/02/95 -06/01/96, for $49,000 (CRT)
ITEM #22 - Contract for remodelina of Gas Administration and Operations Center Buildinas,
located at 400 N. Mvrtle Ave.. to Design Wise Building, Clearwater, FL, at an estimated
$162,550; contract for a TECO Chill air cooled gas driven engine condensing unit chiller to
G. L. Spies, for an estimated $54,500, for a total estimated $217,050 (GAS)
ITEM #23 - Purchase of estimated reauirements for vellow 2306 polvethvlene gas Dice &
fittinas to: M. T. Deason Co.. tnc., Birmingham, AL, at an estimated $266,454.75;
Equipment Controls Co., Norcross, GA, at an estimated $205,003.86; and Perfection
Corp., Madison, OH, at an estimated $31,070, for the period 06/15/95.06/14/961 for a
total estimated $502,528.61 (GAS)
ITEM #24 R Aoreement with the School Board of Pinellas County for the City to utilize
Pinellas County School Buses, for the period 06/01/95- 05/31/96, for $0.90 per mile plus
$12.50 per hour, for a total estimated $8,800 {PR)
ITEM #25 - Aoreement with Southoate Mobile Home Park, Inc., authorizing installation of
emergency standby water SGrvice connection (PW)
ITEM 1126 - Contract for Marina Fishina Pier to InterRBav Marine Construction Co., Largo,
FL, for $122,422.45 (EN)
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ITEM #27 - Aoorove Letter of Understandina with FOOT to define responsibilities & funding
for project design of Drew Street Widening, from Highland Ave. to NE Coachman Rd. (EN)
ITEM #28 - Accept Quit-Claim deed. dat!3d 03/22195, from Joanne C. Episcopo conveying
all her right, title & interest in Lot 9, Blk. A, Norwood Sub., a/k/a 600 Marshall St., to the
City for $10 & other consideration including City forgiveness of Certificates of
Indebtedness in the estimated amount $933 as of 05/31/95, City payment of 1994 &
current year ad valorem taxes in the approximate amount $102 as of 05/31/95, and City
payment of State documentary stamps & recording fees of $30.50, for a total estimated
$2,170 (EN)
'TEM #29 - AcceDt Contract for Purchase of Real Prooertv from Lois Y. Hamlin, Bassadena
Sub., Blk. 0, Lots 1-3 & 52 and N 10.6' of Lot 51, for purchase price $59,000; approve
forgiving accrued interest not to exceed $800 due from 11/04/94 through 07/31/95 on
City demolition liens against said real property; pay 1995 ad valorem taxes due to day of
closing, estimated $690 through 07/31/95; pay environmental audit & testing expenses
maximally estimated $3,500; and boundary survey & closing costs, estimated $600 - for a
total estimated $63,790 (EN)
ITEM #30 - Purchase a 1 OO-ton stationary truck scale for the Solid Waste Deoartment from
Dickev Scales. Inc.. Tampa, FL, for $43,747 (SW)
ITEM #31 - Receiot/Referral- LDCA re North Greenwood Commercial District ILDCA95-11)
(CP)
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ITEM #32 - Receiot/Referral - Annexation, Land Use Plan Amendment to Residential Low &
RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot
20 (Rowe, A95-12, LUP95-14) (e?)
ITEM 1/33 - Receiot/Referral - Annexation, Land Use Plan Amendment to Residential Low &
RS-8 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5
(New Zion Missionary Baptist Church. A95-13 LUP95-15) (CP)
ITEM #34 - Aareement with James C. Massie, extending lobbyist services for the period
06/26/95- 06/25/96, for $17,064 plus reasonable and necessary out-of-pocket expenses
(eM)
ITEM #35 - Sanitary Sewer Lien Aqreement - 1737 Evans Dr., Virginia Grove Terrace 4th
Add., Lot 21 and N 15' of Lot 22 (Purdue) (CA)
ITEM #36 - Easement to clear title for oropertv commonlv known as the "Sludge Farm"
(CA)
ITEM 1137 - Approve City Attorney StaffinQ Plan to add 1 full-time attorney, 1 part-time
attorney, 1 paralegal and 1 receptionist (CA)
Commissioner Berfield moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 ~ Res. #95-48 ~ providing for the defeasance and redemption of a portion of the
Public Service Tax and Bridge Revenue Bonds, Series 1985 lFN)
When the Public Service Tax and Bridge Revenue Bonds, Series 1985 were issued,
proceeds benefitted the Bridge (40.54%), Parking (26.39%), Gas {2.280,'0}, and General
(30.79 %) Funds. Payment of principal and interest is made from each fund in the same
proportion. The bond issue requires the City to redeem {pay the bonds early} or defease
the bridge portion of the bonds before disposing of the bridge and related toll revenues.
Defeasance can be accomplished by placing sufficient cash and/or federal securities in an
irrevocable escrow to pay all principal and interest payments until maturity or to an early
redemption date.
It is estimated the bridge will close in August 1995. Since the bonds are not
redeemable until December 1, 1995 {at a 2% premium}, defeasance is the only alternative.
On the earliest call date, December 1, 1995, the City will direct the Paying Agent to
redeem the allowable portion of these bonds which pay 8.3% - 9.125%. The City may
need to hold some of the bonds to maturity, along with prior purchased investments, due
to legal constraints because issue proceeds refunded prior bond issues.
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In 1988, a seven~year plan was developed to provide adequate funds to defease
$1,714,882.23, the outstanding bridge portion of this debt. Following this transaction,
approximately $1-million, accumulated in the Bridge Fund, will remain.
Because only 40.54% of each maturity is attributed to the bridge, some parking
bonds will also be defeased/redeemed to defease/redeem bonds in whole denominations or
as parking funds are determined available.
The City Manager indicated the bonds will be called in December if the bridge is not
closed before that date. She anticipates the bridge will be closed in August 1995.
Commissioner Barfield moved to provide for the defeasance and redemption of a
portion of the Public Service Tax and Bridge Revenue Bonds, Series 1985 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #95-48 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-48 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nayslt: None.
Absent: Thomas
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ITEM #39 - Res. #95-31 - increasing current fees for rental of certain public buildings,
recreation buildings, the Bandshell. swimming pools and athletic fields; Rescind Res. #90-
49, 91-47 & 93-71 f on the same subject; authorize City Manager or her designee to
establish and adjust rental fees in the future (PR)
Fees are charged for rental of certain public facilities including: 1) public buildings:
a) the City Hall Annex community room; b} Memorial Civic Center; and c} Sailing Center; 2)
recreation buildings - Martin Luther King Center; 3) the BandsheJl; 4) athletic fields; and 5}
swimming pools. Under Resolution #95-31 f some rental fees are increased to recover
escalating direct costs for personnel salaries, utilities and capital replacements. If the rates
are approved, the Parks & Recreation Department annual rental revenue will increase from
$30,875 to approximately $42,900. The resolution also establishes rental charges for
Clearwater Beach Recreation Center social hall, the Countryside gymnasium currently under
construction, Moccasin Lake Nature Park classroom, and individual recreation center
rooms. A revised base fee for swimming pools was established to meet user requests to
rent part of a pool for a limited time. This resolution includes a base fee of $5 per lane,
plus hourly costs, for partial use of swimming pools.
It is recommended that the City Manager or designee have the authority to establish
and adjust rental fees in the future. This flexibility will permit the adjustment of rental fees
to respond to additional revenue opportunities. Staff may be able to increase revenue
through creative programming efforts to rent usable space. Currently, the City
Commission must approve a resolution to adjust rental rates.
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Mayor Garvey expressed concern that the Commission remain apprised of all fee
increases initiated by the City Manager. The City Manager said the City Commission is
advised by memorandum and budget memorandum when a fee is increased. She said a
more formal notification could be arranged. Commissioner Berfield agreed she would like
advance notice.
Consensus was to update the policy book to provide the Commission with advance
notice of fee increases.
Commissioner Johnson moved to increase the current fees for the rental of certain
public buildings, recreation buildings, the bandshell. swimming pools and athletic fields and
rescind resolutions 90-49, 91-47 and 93-71, on the same subject and authorize the city
Manager or her designee to establish and adjust rental fees in the future and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #95-31 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1/95-31 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
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Absent: Thomas
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ITEM #40 - Assignment of Leas~ from the PGA Tour Associates-I. Ltd. (PGA) to MJM Golf
Enterorises. Inc., for the PGA's interest as "Lessee" under Lease dated 11/12/85, between
the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA (Lessee) (PR)
The City Manager announced this item was pulled from the agenda at the request of
the Foundation's attorney due to a conflict.
ITEM 1/41 - Authorize oroceeding with acouirinQ cooperative fundinq to support continued
Qev~IQpment of environmental olannina studies & proiects: approve Environmental
ManaQement Group Five Year Capital Watershed Plan and Water Resource Proiect
Summary Document for FY 1995/96 (EN)
Since its crea~ion in 1990, the Environmental Management Group has developed a
program to implement environmental measures consistent with the City Comprehensive
Plan and State and federal programs. The plan's studies and proJects focus on water
quality and habitat restoration to improve the urban environment. The five-year plan is
updated annually for Commission review and approval.
Early each fiscal year, State agencies accept cooperative funding requests for
planned environmental projects. With approval of this program, staff can continue seeking
project approvals and funding from State and federal sources. Other program elements
anticipate City funding via accumulated Storm water Utility Fees.
<:,) Fourteen major Capital Improvement Program (CIP) projects and studies are being
developed by Environmental Management. New projects include: 1} Clearwater Harbor
Water Quality Improvement Feasibility Project; 2) Clearwater Water Quality Research and
Monitoring Program; 3) Clearwater Mall Stormwater Treatment Retrofit Project; 4)
Downtown Clearwater Regional Treatment Lake Project; 5) Gabion Water Quality
Demonstration Projects; and 6) Mullet and Bishop Creeks Drainage Improvement Project.
Total planned expenditures through FY 2000 approximate $3-million, representing a
2 % increase over last year's five-year plan. Many planned water quality improvement
projects and watershed management planning are expected to be completed by FY 1997.
During the current fiscal year, staff has applied to the State for cooperative funding
for Cooper's Point, Edgewater Drive and the Delara Project. Nearly $600,000 of
cooperative funding was requested for these projects with a combined cost of $1.2-million.
Of $3.million in planned expenditures, staff has obtained a degree of commitment from the
State for $2.34-million for watershed planning and project implementation. For every
dollar in planned project expenditures, staff has obtained a State funding commitment of
$0.7-5.
Approval of this five-year Environmental Planning Summary Document will identify
the Commission's priorities for planned project improvements and does not require
commitment of funding. Those approvals are obtained through the FY 1995 Mid-Year
budget review process and the FY 1996 Capital Improvement Program (CIP) budget review
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process. The purpose of this plan is to inform the Commission about current
environmental work related to the Stormwater Utility CIP and related alternate funding
efforts.
Water quality studies and watershed management planning projects include: 1)
Allen's Creek Watershed Management Plan; 2) Alligator Creek Watershed Management
Plan; 3) Clearwater Harbor Water Ouality Improvement Feasibility Project; and 4)
Clearwater Water Quality Research and Monitoring Program.
Water quality improvement projects include: 1) Allen's Creek Experimental Water
Ouality Treatment Project; 2) Allen's Creek Maple Swamp Restoration Project; 3)
Clearwater Mall Stormwater Treatment Retrofit Project; 4) Del Oro Stormwater Treatment
Project; 5) Downtown Clearwater Regional Treatment Lake; 6) Gabion Water Quality
Demonstration Projects; and 7) Mullet and Bishop Creeks Drainage Improvement Project.
Habitat restoration and improvement projects include: 1) Coopers Point Habitat
Restoration and Management Project; 2) Edgewater Drive Habitat Restoration and Water
Ouality Improvement Project; and 3) Unspecified, Minor Habitat Restoration Projects.
The City Manager reported the Environmental Advisory Board will have an
opportunity to address this plan prior to CIP decisions.
Commissioner Berfield moved to authorize staff to proceed to acquire cooperative
funding to support continued development of environmental planning studies and projects.
.", and approve the Environmental Management Group Five-Year Capital Watershed Plan and
'".*,1 Water Resource Project Summary Document for FY 1995/96. The motion was duly
seconded and carried unanimously.
ITEM #42 - Remaining 4 aooo;ntments to be made to Design Review Board (DRB) lCP}
Commissioner Berfield moved to appoint Mary Mavronicolas as a Clearwater beach
property owner or merchant. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Arthonia Godwin as a North Greenwood
property owner or merchant. The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Kathy Milam as an at-large member. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint William J. McCann as an at-large member.
The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Kate McCullough to a four-year term. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Arthonia Godwin to a four-year term. The
motion was duly seconded and carried unanimously.
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Commissioner Berfield moved to appoint Mary Mavronicolas to a three~year term.
The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Robert Frederick Herberich to a four-year
term. The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Arthur C. Shand to a three-year term. The
motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Kathy Milam to a four-year term. The
motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint William J. McCann to a three~year term.
The motion was duly seconded and carried unanimously.
ITEM #43 - Mid-Year Budget (eM)
The Mid-Year Budget Review report includes comments on major variances and
explanations of proposed amendments. Besides budgetary information required by City
Ordinances. special detail includes: a summary of administratively approved change orders;
the detailed expenditures budget for the Special Law Enforcement Trust Funds; and Risk
Management/Centrallnsurance Fund settlements. Enterprise Fund mid-year pro-forma
statements are included
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The report is based on six months' activity from October 1994 through March
1995. Some amendments are not proposed until additional data can be analyzed. All Fund
operating budgets have been adjusted for employee step and SAMP increases at mid-year.
Lump sum increases under the new union contracts will be addressed during the third
quarter budget review.
At mid~year, anticipated General Fund expenditures exceed anticipated General Fund
revenues for the current year by $390.000, and th~lt amount is transferred from General
Fund unappropriated retained earnings. General Fund revenues reflect numerous budget
amendments. The most significant is a decrease of $356,000 in court fine revenues.
Significant budget amendments to General Fund expenditures not already approved
by the City Commission include: appropriation of $100,000 to the Capital Improvement
Fund to establish a project for microfilming documents; $60,000 to establish a project for
the construction of a parking lot for the joint use by the North Greenwood Branch Library
and Discovery and Curtis Fundamental schools; and $92,000 to continue the Sign
Amortization program through September 1996. The above amendments are provided by
savings within the General Fund operating budget.
The appropriation of $390,000 from retained earnings is provided for projects
previously approved by the Commission, including: funding for a Rehabilitation and
Strength facility for the Phillies; the library security system; and furniture and equipment
for the Harborview Center.
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Water and Sewer Fund operating revenues and expenditures are reduced at mid-
year due to a decrease in demand.
Gas Fund revenues are decreased at mid-year by $449,000 primarily reflecting the
mild winter season. Gas Fund expenditures reflect budget decreases of gas inventory
purchases due to the mild winter and budget increases for employee step and SAMP
adjustments, inventory purchases of line for gas installations, and an increase of $214,388
to fund the Pasco expansion through the end of the fiscal year, which will be reimbursed
with the issue of the 1995B Gas Bonds.
The increase of Solid Waste revenues by $70,600 at mid-year primarily reflects an
increase in anticipated interest earnings based upon actual earnings for the first six months
of the year.
Stormwater revenues are increased by $81,500 at mid-year primarily to reflect an
increase in anticipated interest earnings based upon actual earnings for the first six months
of the year. Stormwater expenditures are increased by $55,410 primarily for employee
step and SAMP adjustments.
Recycling Fund revenues and expenditures are increased at mid-year to reflect
increases in the sale of recyclables, partially due to the City's agreement to market
recyclables for the City of Dunedin.
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Bridge Fund revenues and expenditures are approximately as anticipated at mid-
year, with only minor budget adjustments.
Marina Fund revenue and expenditures reflect budget increases due to increased
gas and oil sales approximately 10% above estimates and related gas inventory purchases.
Parking Fund revenues reflect a budget decrease of $87,100 at mid-year due to an
anticipated decrease in interest earnings based upon actual earnings for the first six
months of the year. Revenues and expenditures reflect the appropriation of Parking Fund
retained earnings for the completion of the new Beach Guard Building as approved by the
City Commission on May 18, 1995.
Program revenues and expenditures are approximately as budgeted for Pier 60 and
the Harborview Center. No budget amendments are proposed at mid-year.
Significant Internal Service Fund amendments include the appropriation of the
Administrative Service Fund's prior year retained earnings for computer purchases outlined
during the recent Technology review. The Garage Fund reflects the appropriation of
funding due to employment turnover, capital projects, and unanticipated lease purchase
costs.
Commissioner Berfield moved to approve the mid year review of the amended City
Manager's Annual Budget Report. The motion was duly seconded and carried
unanimously.
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a) First Reading Ord. #5854.95 ~ operating budget
The City Attorney presented Ordinance #5854.95 for first reading and read it by
title only. Commissioner Barfield movad to pass Ordinance #5854~95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
b) First Reading Ord. #5855.95. Capital Improvement Program Budget
The City Attorney presented Ordinance #5855-95 for fjrst reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5855-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
lOAyes": Berfield, Johnson and Garvey.
"Nayslf: None.
Absent: Thomas
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ITEM #44 - Aoorove Union Contract ~ CWA (eM)
The most recent collective bargaining agreement between the City and the
Communications Workers of America (CWA) expired on September 30, 1994. That
agreement was a three-year agreement.
Since June 24, 1994, City management staff and representatives of the CWA have
been meeting to negotiate a new contract. As the parties were unable to negotiate a new
contract prior to October 1, 1994, provisions of the expired contract were continued as the
parties proceeded to negotiate. The negotiating process was completed when the parties
came to a tentative agreement for a new three-year contract on Friday, April 28, 1995.
That proposed contract will cover Fiscal Years 1994/95, 1995/96 and 1996/97.
The CW A submitted the proposed agreement to its membership who ratified the
agreement by majority vote.
Major provisions of the contract proposal for the CWA include: 1) a 4% one-time
payment for current active full-time or permanent part.time employees as of the date of
approval of the agreement. (This payment will not increase base salary.) The 4% one-time
payment does not apply to full.time and part.time seasonal, emergency, temporary, or
contractual employees nor does it apply to inactive employees, such as those using
vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective
October 1, 1995; 3) a 3% economic base pay adjustment effective October 1, 1996; 4)
reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days
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accrual for FY 1994/95: 13 days' accrual for FY 1995/96; and 12 days' accrual for FY
1996/97. (Current accrual rate is 15 days.): 5) establishment of sick leave cap for new
hires between date of approval of this agreement and September 30, 1994 of 1,560 hours
for 40 hour per week employees and 1.463 hours for 37.5 hour per week employees and
for all new hires as of October 1, 1995 of 1,214 hours for 40 hour per week employees
and 1,138 hours for 37.5 hour per week employees. (The maximum accrual for
employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between
October 1, 1990 and October 1, 1994 is 2,080 hours for 40 hour per week employees and
',950 hours for 37.5 hour per week employees .); 6) creation of a sick leave pool available
to bargaining unit members who exhaust their own sick leave and are faced with a
catastrophic illness or injury (pool to be funded by donations of vacation leave by
bargaining unit members': 7) elimination of restriction of sick leave hours available to
immediate family members; 8) an additional 2.5% step in step progression plan placed at
the equivalent of the thirteenth year of the normal step progression retroactive to October
1, 1994; 9) elimination of counting holidays within the employee's work week as hours
worked for overtime purposes; and 10) adoption of "open" certification for promotional
exams (eliminates the "rule of five" certification process).
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The City and Union have agreed to take changes to the Pension Plan to referendum.
Those items were discussed with the Pension Trustees on May 18, 1995, in a separate
Pension Trustees' agenda item titled Pension Plan Administrative Budget. Funding of
approximately $350,000 is available in the General Fund non-departmental program to fund
a portion of the General Fund increases. The balance of funding will be provided by third-
quarter budget amendments appropriating funding from the unappropriated reserves of the
General Fund and related Enterprise and Internal Service Funds.
Commissioner Johnson moved to approve the collective bargaining agreement as
negotiated with the CWA for Fiscal years 1994/95, 1995/96 and 1996/97 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #45 ~ Marine Advisorv Board - 1 appointment (eLK)
Commissioner Berfield moved to appoint David Martens. The motion was duly
seconded and carried unanimously.
ITEM #46 - Develooment Code Adiustment Board - 1 appointment (elK)
Commissioner Johnson moved to appoint William L. Johnson. The motion was duly
seconded and carried unanimously.
ITEM #47 - CNHS (citv reo) - 1 aopointment (eLK)
Commissioner Johnson moved to appoint Howard Groth. The motion was duty
seconded and carried unanimously.
Commissioner Berfield requested a discussion regarding setting term limits for
representatives of the City on non-City boards.
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ITEM #48 w Other Pending Matters
a) Chamber of Commerce Counter Offer
Commissioner Johnson questioned what the City intended to do with the Chamber
of Commerce building. The City Manager indicated the City has no use for the building
which needs a great deal of work. The property may become important for bridge
alignment or future development of the bluff. She stated the Chamber of Commerce does
not want to invest a great deal of money in the structure if the City may coma forward in a
couple of years and indicate a need for the property.
Mayor Garvey agreed this could be a crucial piece of property needed in the future.
She said it would be more expensive to acquire after the Chamber has invested money in
renovations. She suggested the Commission make another counter offer. Commissioner
Johnson suggested an offer of $300,000. Mr. Baker noted some say the property is
worthless because of the reverter clause but felt the City is obligated to pay the Chamber
of Commerce something. Commissioner Berfield indicated she would support the
suggestion due to the uncertainty regarding the bridge if it is specified as a final offer.
Commissioner Johnson moved to offer a maximum of $300,000 as a final offer for
the Chamber of Commerce building and property at 128 S. Osceola Avenue. The motion
was duly seconded and carried unanimously.
CITY ATTORNEY REPORTS
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ITEM #49 - Resolutions
a) Res. #95-55 - Amending the Commission Rules by adopting a special rule of order
concerning appointment of a City Commissioner
It was noted that all nqminations are to be submitted to the City Clerk. Addresses
and other information are not required. A list of nominations will be developed by the
Clerk and distributed to the City Commission.
The City Attorney presented Resolution #95-55 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-55 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Johnson and Garvey.
"Nays": None.
Absent: Thomas
ITEM #50 - Other Citv Attornev Items
a) Settlement Agreement in Church of Scientology Flag Service Organization, Inc. vs. City;
consolidated with Americans United for Separation of Church and State, et al.
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The City Attorney reported a settlement agreement for $635,000 has been reached
with the Church of Scientology Flag Service Organization, Inc. and a settlement agreement
for $80,000 has been reached with Americans United .for Separation of Church and State.
The City has agreed to repeal the charitable solicitation ordinance.
Commissioner Johnson moved to approve the settlement agreements with the
Church of Scientology Flag Service Organization. Inc. and Americans United for Separation
of Church and State. The motion was duly seconded and carried unanimously.
ITEM #51 ~ City Manager Verbal Reoorts ~ None.
ITEM #52 - Other Commission Action
Commissioner Barfield requested the status of City franchise agreement
negotiations. The City Manager indicated staff will send an update to the City
Commission.
Commissioner Johnson thanked Lois Cormier for her letters regarding historical
actions in Clearwater. He said she is doing a fine job and he appreciated her input to the
Commission.
ITEM #53 ~ Adjournment
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The meeting adjourned at 7:49 p.m.
ATIES1"c;~ E. ft. Do,
City Clerk
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