02/15/1996
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City Commission Minutes
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CITY COMMISSION SPECIAL MEETING
Closed Attorney/Client Session
February 15, 1996
The City Commission of the City of Clearwater met at City Hall, Thursday, February
15, 1996 at 3:30 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
Robert Clark
Mayor/Commissioner
Vice-Mayor/Commissioner (arrived 3:35 p.m.)
Commissioner
Commissioner
Commissioner
Also present:
Elizabeth M. Deptula
Pamela K. Akin
Peter Gozza
Robert L. Barnes, Jr.
Fred Zinober
City Manager
City Attorney
CRA Executive Director
Esquire
Esquire, outside counsel
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The Mayor called the meeting to order and ~~~=:.::::;.:d u closed session would be
held for the purpose of discussing litigation regarding Atrium at Clearwater, Ltd., by and
through Atrium at Clearwater, Inc. vs. City and CRA. This meeting is exempt from the
provisions of the Sunshine Law.
Discussion ensued regarding continuing the meeting as Commissioner Thomas
would need to leave by 4: 1 5 p.m. It was felt the three members of the Commission who
were in office (Garvey, Berfield & Thomas) at the time of the negotiations with Atrium at
Clearwater should be in attendance during the closed session.
Consensus was to hold this session and schedule another one for 2:00 p.m. on
February 26, 1996.
The Commission went into closed session at 3:40 p.m.
The entire session was recorded by a certified court reporter and the transcript shall
be made part of the public record upon conclusion of the litigation.
The closed session adjourned at approximately 4:25 p.m.
ATTEST:
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C. I~- M~
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Mayor/Commission
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ACTION AGENDA - CLEARWA TEA CITY COMMISSION MEETING
Thursday, February 15, 1996 ~ 6:00 P.M. w Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
. 5. Presentations:
a) Civil Service Board - Annual Report
b) Tampa Bay National Estuary Program
c) Marketing Campaign Update
6. Approval of Minutes w Regular Meetino
2/1/96 & corrected page of 1/4/96
7. Citizens to be heard re items not on the Agenda
1. Pastor James Horn, St. Paul's Lutheran
Church.
2. Mayor.
3. 2 awards presented.
4. MADD of Pinellas presented Chief Klein an
award in recognition of his support.
Jeff Harper presented two awards won by
Cwview.
5. a) Report received.
b~ Report received.
c) Update received.
6. Approved as submitted.
Lou Chaconas questioned the location of a 2/23/96 meeting re Downtown rezonings. Expressed
concern re the proposed changes.
PUBLIC HEARINGS
8. Public Hearing - Vacating North/South alley
,....~ lying between Lots 11, 12, 13, the S 1/2 of
t;;~:" Lot 14 and Lots 2. 3, 4, the S 1/2 of Lot 1,
E.A. Marshall's Sub., subject to alley being
retained full width as a drainage & utility
easement and the applicant providing an
ingress & egress easement to the property
owner to the North (Discount Auto, V96-02)
(EN)
9. Public Hearing & First Reading Ords. #5978-
96 & #5979-96 - Annexation & RS-8 Zoning
for property located at 1936 E. Skyline Dr.,
Skyline Groves, Lot 60 (Strohm, AS6-01)
10. Public Hearing & First Reading Ords. #5980-
96 & #5981-96 - Annexation & RS-8 Zoning
for property located at 2209 Arlington Place,
Palmetto Terrace, Blk B, Lot 3 jJaeger, A96-
02)
11. Public Hearing & First Reading Ords. #5974-
96 & #5975-96 - Annexation & RS-6 Zoning
for property located on the east side of
landmark Dr., Sec. 33~28-16; M&B 22.0111
(City I Richard Baier, A95-29) - Staff request
to continue to 3/7/96
~2/15/96
8. Approved.
9. Approved. Ords. #5978-96 & #5979-96
passed 1 st reading.
10. Approved. Ords. 115980-96 & #5981-96
passed 1st reading.
11. Continued to 3/7/96.
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~12. Public Hearing & First Reading Ords. #5976.
'. ',}< 96 & #5977-96 - Land Use Plan Amendment
to Commercial General & CG Zoning for
property located at east & west sides of S.
Ft. Harrison Ave. and south of Woodlawn
St., Sec. 21-29-15, M&B 44.08, 44.09 &
44.10 (Florence Panteles, Peter V. & Michael
GianfiUppo, and Oliver & Harriett Ackerley I
City, LUP95-35, Z95-18)
13. Variance(s) to Sign Regulations for property
located at 2085 Gulf to Bay Blvd., Bamboo
Sub. Replat, lots 1 & 2; Sec. 13-29-15, M&B
42.01 & 41.04; and Bamboo Sub., lots 2, 3,
8-12 (S08 Investments, Inc. I Carlisle Lincoln
Mercury, SV96.02)
14. Variance(s) to Sign Regulations for property
located at 2467 Enterprise Rd., Unit G of
Renaissance Plaza, A Condominium (Twinjay
Chambers Partnership I Renaissance Plaza
Office Condominium, SV96-03) - Withdrawn
by applicant
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12. Approved. Ords. #5976.96 & #5977-96
passed 1 st reading.
13. Continued to 3/7/96.
14. Withdrawn.
Public Hearing - Second Reading Ordinances
(~~15. Ord. #5942-95 - Amending Sec. 35.11, to 15. Ord. #5942-95 adopted.
1/',;. revise definintion for "Delicatessen";
amending Sees. 40.383 & 40.403 to revise
the unit number and floor area 'requirements
for restaurants in Hotels/Motels; amending
Secs. 41.071, 41.072 & 41.074 to provide
for conditional use permits and accessory use
designations for certain types of alcoholic
beverage uses (LDCA 95-21)
16. Ord. #5956-95 - Amending Secs. 21.10 & 16. Ord. #5956-95 adopted.
42.35 to provide for temporary storage of
Recreational Vehicles for lodging purposes at
the Harborview Center
17. Not Public Hearing - Res. #96-17 - Acting in 17. Res. #96.17 adopted.
conjunction with the Management Staff of
the Harborv;ew Center, establishing Rules of
Operation for the parking of recreational
vehicles on public property in the vicinity of
the Harborview Center
18. Ord. #5957-96 - Vacating a portion of 18. Ord. #5957-96 adopted.
drainage & utility easement lying in Lot 153,
Woodgate of Countryside Unit One (Rubins I
Jacobs, V95-1 6)
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ri 9. Ord. #~982-96 - relating to ~alse fire alarms; 19. Ord. #5982~96 adopted.
. :. ~ amending Sec. 5.25 to provide an alarm user
2 courtesy warnings and to require an alarm
user to pay an administrative fee of $22.50
for city's review of written evidence from a
licensed alarm company that the alarm
system causing a false alarm has been
inspected and repaired
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-291 - Approved as submitted.
20. Declare personal property surplus to city needs; authorize disposal through Tampa Machinery
Auction, Tampa, FL (FN)
21. Purchase of chlorine in '-ton cylinders from Van Waters & Rogers, Inc., Tampa, FL, for the period
3/1/96.2/28/97, at an est. $144,868.50 (FN)
22. Purchase of quicklime (Calcium Oxide) from Dravo Lime Co., Saginaw, AL, for the period 2/15/96-
2/14/99, at an est. $442,080 (EN)
23. Purchase of sulfur dioxide (802) from Allied Universal Corp., Miami, FL, for the period 3/1/96-
3/1/97, at an est. $60,970 tEN)
24. Purchase of liquid Alum (Aluminum Sulfate) from General Chemical, Parsippany, NJ, for the period
3/1/96-3/1/97, at an est. $53,060 (EN)
,.,....25. Lease Agreement with Arnold-Brown Properties for 2.905 acres, m.o.I., in Sec. 15-29-15, W. F.
l.~.....) Hughey's Sub., Lots 1-141ess W 3D' of Lots 7 & 8, and part of Mrs. Sarah McMullens Sub., for
10 months commencing 3/15/96, for total maximum rent of $10,000 (EN)
26. Lease Agreement with Dimmitt Car Leasing, Inc. for portion of Blk 1, Magnolia Park Sub., Lots 4
& 5, part of Lot 6, along with non exclusive ingress/egress over portion of Lot 13, for 10 months
commencing 3/15/96, for total maximum rent of $4,300 (EN)
27. Contract for Storm Slipfining Repair Project and Marilyn Street Storm Replacement and Repair to
Madsen I Barr - AlIwaste, Inc., Clearwater, FL, for $327,346.18 (EN)
28. Receipt/Referral - LDCA revising Sec. 35.11 to establish definition of Convention Center (LDCA
96-03HCP)
29. Approve Scientologist request for partial closure of Fort Harrison Avenue, one southbound lane,
between Pierce Street and Franklin Street on 3/15/96 from 6:00 p.m. to midnight
OTHER ITEMS ON CITY MANAGER REPORT
30. Recycling Business Plan Update (SW)
31. First Reading Ord. #5969-96 - Amending
Appendix A, Schedule of Fees, Rates and
Charges for Article XIX - Streets, Sidewalks,
Other Public Places tEN}
32. (Cont. from 2/1/96) Parking Space Utilization
Agreements for Clearwater Beach (CPI -
Request to continue to 3/7/96
30. Update received.
31. Ord. #5969-96 passed 1 st reading.
32. Continued.
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~3. Other Pending Matters
33. None.
CITY ATTORNEY REPORTS
34. Resolutions
a) Res. #96-12 - Demolition Lien - 610
McLennan St., Belleview Court, Slk B, Lot
10 (Sherman)
b) Res. #96-16 - Assessing property owners
the costs of mowing or having cleared
owners' lots
35. Other City Attorney Items
34. Resolutions
a) Res. #96-12 adopted.
b) Res. #96p16 adopted.
35. None.
36. City Manager Verbal Reports
Scott Shuford provided an update re the Downtown rezonings. Stated education of the public
will continue. The rezonings will go back to the Planning & Zoning Board before coming to the
Commission.
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37. Other Commission Action
Clark requested consideration of Resolution re Red Tide as proposed by Long Boat Key.
t::,:~ questioned the status of the one caterer for Harborview Center. Consensus to disucss at 3/4/96
worksession.
Jjerfield questioned responses to O'Keefe's & Cancer Society. The City Manager reported the City has
scaled back its request for police officers at O'Keefe's St. Patricks Day Celebration; the Cancer
Society is being responded to re no waiver of fees.
Garvey stated pictures of advertisements of Clearwater at Philadelphia's Veterans Stadium show good
effort. A letter will be sent to Mr. Giles thanking him and encouraging continuation.
~arvey announced Saturday in the City and City Market Place on 2/17/96.
38. Adjournment. 7:25 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 15, 1996
Present:
Rita Garvey
Sue A. Berfield
J. B. Johnson
Robert Clark
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor ICommissi oner
Vice-Mayor ICommissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
Absent:
Fred A. Thomas
Commissioner
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor James Horn of St. Paul's Lutheran Church. The Mayor led the Pledge of
Allegiance.
'.':)
To provide continuity for research, items are in agenda order although not necessarilv
discussed in that order.
ITEM #3- Service Awards
Two service awards were presented to City employees.
ITEM #4 - IntroductiQns and Awards
MAOD (Mothers Against Drunk Drivers} Pinellas County presented Police Chief Sid
Klein with an award to recognize his support of their program.
Information Management Director Jeff Harper presented the City Commission with
two awards C-View TV recently received: 1) Time Warner's 1995 Spotlight Achievement
Award for "While You're Here," and 2) the national City Hall Public Information ,Grand
Award, General Audience category for "Clearwater, Florida: One Great Place." He
congratulated C-View's staff: 1) Carrie Huntley; 2) Carrie Beem; and 3) Randy Hardison.
ITEM # 5- Presentations
a) Civil Service Board - Annual Report
John Doran, Chair of the CSB (Civil Service Board), presented their Annual Report.
He said the CSB~s purpose is to maintain a work force based on merit and fitness. The
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~ CSB covers most employees except the City Manager, her staff, and Department Directors
and their staff. He said CSB's main functions are: 1) hold Public Hearings on proposed
changes to rules and policies; 2) advise the City Commission regarding employee issues;
and 3) receive findings of Hearing Officer appeals and recommend appropriate penalties.
He said eSB's recommendation for using local Hearing Officers on a rotating basis seems
to be working well. The first hearing was scheduled for January 5, 1996, and the report
was submitted January 12, 1996.
b) Tampa Bay National Estuary Program
Dick Eckenrod, Director of the Tampa Bay National Estuary Program, distributed a
copy of the recently released bay restoration plan, Charting the Course. He reported four
years of research followed the formation of the partnership five years ago. Long range
strategies for Tampa Bay's re:storation emphasize water clarity, recovery of seagrasses for
marine habitat, and restoring optimum salinity in tidal basins which act as nursery areas for
juvenile fish. The plan will be as strong as the commitment of participants. Local
communities will be requested to enter an agreement that outlines the plan's goals, each
community's responsibilities, and a time line. Qualities that make this plan unique include:
1) its partnership of local, state, and federal governments; 2) providing a barometer of the
area's living resources; and 3) a binding agreement by participants. The plan's blueprint
will be finalized at four town meetings. A meeting in Clearwater is scheduled at 7:00 p.m.
on March 20, 1996 at the Harborview Center. Mr. Eckenrod said he appreciated
Clearwater's support.
t,~...,~J The Mayor said it was her privilege to represent Clearwater in the partnership and it
was a great learning experience. She stated Mr. Eckenrod will attend a meeting in May
1996, to review the plan, Charting the Course.
c) Marketing Campaign Update
Tourism Director Jean Sherry reported the advertising campaign on USA and CNN
started this week in Chicago and continues through the end of March. She presented the
video being run. Ms. Sherry met with several hundred travel agents last week in Chicago.
A Chicago market radio promotion, beginning February 26, 1996, includes a grand prize
give-away.
Ms. Sherry confirmed the City's new 800 number, 1-80Q-CLEARWATER.
Commissioner Clark complimented Ms. Sherry regarding her accomplishments in a limited
time with little money. He challenged her to make local residents aware of the positive
impact tourism has on the community.
Mayor Garvey introduced Pinellas County Commissioner Steve Seibert.
ITEM #6 ~ Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
February 1, 1996, and a corrected page of January 4, 1996, as recorded and submitted in
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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
1...2.\' Chaconas expressed concern regarding proposed changes to downtown zoning.
He said downtown property owners do not support the plan and recommended the City
reexamine the proposal before reaching a final decision. Central Permitting Director Scott
Shuford reported the February 23, 1996, Downtown Partnership meeting to discuss this
issue has moved to a County building.
PUBLIC HEARINGS
ITEM #8. .Public Hearing - Vacating North/South alley lying between Lots 11, 12, 13, the
S 1/2 of Lot 14 and Lots 2, 3, 4, the S 1/2 of Lot 1, E.A. Marshall's Sub., subject to alley
being retained full width as a drainage & utility easement and the applicant providing an
ingress & egress easement to the property owner to the North (Discount Auto, V96-02)
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The applicant is requesting to vacate the North/South alley between Lots 11, 1 2,
13, the South ~ of Lot 14 and Lots 2, 3, 4, the South ~ of Lot 1, E.A. Marshall's
Subdivision. The applicant proposes to use the alley and adjacent property to construct a
Discount Auto Parts building and parking lot. The City has no existing utilities within the
alley which is paved and used by a homeowner to the North for vehicular access to his
property. Traffic Engineering and Central Permitting have reviewed this request and
concur with Engineering Services' comments. All concerned City departments/divisions
have reviewed the petition and voiced no objections. Florida Power has an existing pole
line within this alley and has no objection provided an easement is retained full width of
the vacated alley. GTE and Time Warner have no objections.
The City Engineer reviewed department comments and recommends approval of the
applicants' request subject to: 1) retaining the alley full width as drainage and utility
eaS8ment and 2) the applicant providing an ingress & egress easement to the adjacent
property owner.
Richard Beckesh, representative for Discount Auto Parts, brought a copy of the
ingress/egress easement agreement. Tom Roman, representative for Mr. and Mrs. Troisi,
property owners to the North, said the Troisis do not object to the easement as long as
half the vacated Basement is granted to them. He expressed concern the original
easement contained an error as it did not refer to the Torisi's easement. Mr. Roman
presented a letter from Discount Auto Parts regarding granting the Troisis half the
easement. Assistant City Director Bill Baker said that is a side agreement between the
parties. Mr. Beckesh said that agreement is fine with Discount Auto Parts.
Commissioner Berfield moved to approve the applicant's request to vacate the
North/South alley lying between Lots 11, 12, 13, the South Y2 of Lot 14 and Lots 2, 3, 4,
the South Y2 of Lot 1, E.A. Marshall's Subdivision. subject to the alley being retained full
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" width as a drainage & utility easement and the applicant providing an ingress & egress
easement to the property owner to the North. The motion was duly seconded and curried
unanimously.
ITEM 119 . Public Hearin9 & First Reading Ords. #5978-96 & #5979.96 . Annexation & RS.
8 Zoning for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 (Strohm,
A96-01 )
The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eight" for 1936 East Skyline Drive to obtain sewer service. On February 6,
1996, the Planning & Zoning Board unanimously endorsed the request.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Single-Famify Residontial "Eight" (RS-8) for Lot 60, Skyline Groves. The
motion was duly seconded and carried unanimously.
Tho City Attorney presented Ordinance 115978-96 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5978-96 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": Berfield, Johnson. Clark and Garvey.
"Nays": None
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Absent: Thomas.
The City Attorney presented Ordinance #5979-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5979-96 on first reading.
The mot!on was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson. Clark and Garvey.
"Nays": None
Absent: Thomas.
ITEM #1 0 - Public Hearino & First Reading Ords. #5980-96 & #5981-96 - Annexation &
RS-8 Zoning for property located at 2209 Arlington Place, Palmetto Terrace, Blk a. Lot 3
(Jaeger, A96.02)
The applicant has requested annexation and proposed zoning of Single-Family
Residential UEight't for 2209 Arlington Place to obtain sewer service. On February 6,
1996, the Planning & Zoning Board unanimously endorsed the request.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Single~Family Residential "Eight" (RS-8) for Lot 3, Block B, Palmetto
Terrace. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 1/5980-96 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5980-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey.
"Nays": None
Absent: Thomas.
The City Attorney presented Ordinance #5981.96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5981-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey.
"Nays": None
Absent: Thomas.
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ITEM #11 - Public Hearina & First Readina Ords. #5974-96 & #5975-96 - Annexation &
RS-6 Zoning for property located on the east side of Landmark Dr., Sec. 33-28-16, M&B
22.0111 (City I Richard Baier, A95-29)
The City Manager reported staff has requested to continue this item.
Commissioner Berfield moved to continue this item to March 7, 1 996. The motion
was duly seconded and carried unanimously.
ITEM #12 - Public Hearina & First Reading Ords. #5976-96 & #5977-96 - Land Use Plan
Amendment to Commercial General & CG Zoning for property located at east & west sides
of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 &
44.10 (Florence Panteles. Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley I
City, LUP95-35, Z95-18)
This City initiated rezoning relates to the Countywide Consistency Program. The
subject property. on the East and West sides of South Fort Harrison Avenue, is South of
Woodlawn Street. The current land use plan classification for this property is Resort
Facilities High with a Resort Commercial "Twenty-Four" (CR-24) zoning district.
The City is reclassifying this property's zoning to Commercial General (CG) with a
Land Use Plan designation of General Commercial to conform with the Land Use Plan
classification of surrounding properties. The proposed zoning is less restrictive than CR-24
zoning. The Countywide Future Land Use Plan Classification for the area is General
Commercial.
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During the PPC lPinel1as Planning consistency) Program discussion, PPC staff
received telephone calls from property owners supporting this rezoning. On February 6.
1996, the Planning & Zoning Board unanimously endorsed the proposed Land Use Plan
Amendment and Zoning Atlas Amendment.
Commissioner Johnson moved to approve the Petition for Zoning Atlas Amendment
to Commercial General (CG) and Land Use Plan Amendment to General Commercial for
Section 21-29-15, M & Bs 44/08. 44/09, & 44/10. The motion was duly seconded.
Mark Jordan question if the City had consulted with the Town of Belleair regarding
this proposal. Mr. Shuford said he would call Belleair's Town Manager before second
reading.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Ordinance #5976-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #5976-96 on first reading. The
motion was duty seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey.
"Nays": None
Absent: Thomas.
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The City Attorney presented Ordinance #5977-96 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5977-96 on first reading.
The motion was duly seconded and upon rail call, the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey.
"Nays": None
Absent: Thomas.
ITEM #13 - Variance(s) to Sian ReQulations for property located at 2085 Gulf to Bay Blvd.,
Bamboo Sub. Raplat, loots 1 & 2; Sec. 13-29-15, M&B 42.01 & 41.04; and Bamboo Sub.,
Lots 2, 3; 8-12 (80S Investments, Inc. I Canisle Lincoln Mercury, SV96.02)
Harry Cline, representative for the applicant, requested the item be continued until
March 7, 1996.
Commissioner Clark moved to continue this item until March 7. 1996. The motion
was duly seconded and carried unanimously.
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'-"" ITEM #14 - Variance(s} to Sh:m Regulations for orooertv located at 2467 Enterorise Rd.,
Unit G of Renaissance Plaza, A Condominium (Twinjay Chambers Partnership I
Renaissance Plaza Office Condominium, SV96.03)
In his February 8, 1996 letter, E. D. Armstrong III, representative for Twinjay
Chambers Partnership, requested withdrawal of this sign variance application.
Public Hearlna - Second Reading Ordinances
ITEM #15 - Ord. #5942-95 - Amending Sec. 35.11, to revise definition for UDelicatessen";
amending Sees. 40.383 & 40.403 to revise the unit number and floor area requirements
for restaurants in Hotels/Motels; amending Secs. 41.071, 41.072 & 41.074 to provide for
conditional use permits and accessory use designations for certain types of alcoholic
beverage uses (LDCA 95-21)
The City Attorney presented Ordinance #5942-95 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #5942-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark and Garvey
"Nays": Berfield
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Absent: Thomas
Motion carried.
ITEM #16 - Ord. #5956-95 - Amending Sees. 21.10 & 42.35 to provide for temporary
storage of Recreational Vehicles for lodging purposes at the Harborview Center
The City Attorney presented Ordinance #5956-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5956-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey
"Nays": None
Absent: Thomas.
ITEM #17 - Not Public Hearina - Res. #96-17 - Acting in conjunction with the Management
Staff of the Harborview Center, establishing Rules of Operation for the parking of
recreational vehicles on public property in the vicinity of the Harborview Center
The City Attorney presented Resolution 1196-17 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1196-17 and authorize the
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'--', appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
'IAyes": Barfield, Johnson, Clark and Garvey
"Nays": None
Absent: Thomas.
ITEM #18 - Ord. #5957-96 - Vacating a portion of drainage & utility easement lying in Lot
153, Woodgate of Countryside Unit Ona (Rubins / Jacobs, V95-16)
, The City Attorney presented Ordinance #5957-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #5957-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Johnson, Clark and Garvey
"Nays": None
Absent: Thomas.
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ITEM #19 - Ord. #5982-96 - relating to false fire alarms; amending Sec. 5.25 to provide
an alarm user 2 courtesy warnings and to require an alarm user to pay an administrative
fee of $22.50 for city'S review of written evidence from a licensed alarm company that
the alarm system causing a false alarm has been inspected and repaired
The City Attorney presented Ordinance 115982-96 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5982-96 on
second and final reading. The motion was duly seconded and upon roll call, the,vote was:
"Ayes": Berfield, Johnson, Clark and Garvey
"Nays": None
Absent: Thomas.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20.29) - Approved as submitted
ITEM #20 - Declare oersonal oropertv surplus to City needs: authorize disoosal through
Tamoa Machinsrv Auction, Tampa, FL (FN)
ITEM #21 - Purchase of chlorine in 1-ton cvlinders from Van Waters & Rogers, Inc.,
Tampa, FL, for the period 03/01/96 -02/28/97, at an estimated $144,868.50 (FN)
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.-....., ITEM #22 - Purchase of auicklime (Calcium Oxide) from Dravo Lime Co., Saginaw, AL, for
the period 02/15/96 -02/14/99, at an estimated $442,080 (EN)
ITEM #23 - Purchase of sulfur dioxide (502) from Allied Universal Corp., Miami, FL, for the
period 03/01/96 -03/1/97, at an estimated $60,970 (EN)
ITEM #24 - Purchase of liauid Alum (Aluminum Sulfate) from General Chemical,
Parsippany, NJ, for the period 03/01/96 -03/01/97, at an estimated $53,060 (EN)
!TEM #25 - Lease Agreement with Arnold-Brown Prooerties for 2.905 acres, m.o.I., in Sec.
15-29-15, W. F. Hughey's Sub., Lots 1-14 less W 30' of Lots 7 &. 8, and part of Mrs.
Sarah McMullens Sub., for 10 months commencing 03/15/96, for total maximum rent of
$10,000 tEN}
ITEM #26 - Lease Agreement with Dimmitt Car leasing. Inc. for portion of Blk 1, Magnolia
Park Sub., Lots 4 & 5, part of Lot 6, along with non exclusive ingress/egress over portion
of Lot 13, for 10 months commencing 03/15/96. for total maximum rent of $4,300 {EN}
ITEM #27 - Contract for Storm Sliclining Reoair Project and Marilyn Street Storm
Reo1acement and Reoair to Madsen / Barr - Allwaste, Inc., Clearwater, FL, for
$327,346.18 (EN)
ITEM #28 - Receiot/Referral - LDCA revising Sec. 35.11 to establish definition of
Convention Center (LDCA 96-03)(CP)
1.,,,,,/)
ITEM #29 - Aoorove Sciento1ogist request for oartial closure of Fort Harrison Avenue, one
southbound lane, between Pierce Street and Franklin Street on 03/15/96 from 6:00 p.m.
to midnight
Commissioner Johnson 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.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #30 - RecvclinQ Business Plan Uodat8 (SW)
Solid Waste Director Robert Brumback said his department bid on the recycling
program against private companies in July 1993, and won a five-year contract. Their five
year proforma financial projection promised a 20% return on investment and included
borrowing needed financing. The five-year proforma projected $1,239,565 total revenue.
Citywide recycling began: 1) commercial in March 1994; 2) multi.famify in April 1994; 3)
new complexes in June 1994; and 4) residential and processing center in July 1994. From
inception in 1993 through September 1994, the negative cash flow of $32,248 was
$23,192 better than had been projected. At the end of the first year, Solid Waste
returned to the City Commission to: 1) expand into adjoining unincorporated County
neighborhoods; 2) market jointly with other cities and private companies; 3) include 100%
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of multi~familv residences in the program; 4) cancel proposed 1996 residential rate
increase of $0.07; and 5) approve the roll-off program. The program's second year net
revenue is $513,742 higher than had been anticipated in the proforma.
Mr. Brumback said City participation in the sale of recyclables allowed them to take
advantage of the dynamic 1995 market. Income in 1995 exceeded department
expectations. The market currently is correcting itself and the price of recyclable materials
now is just higher than proforma projections. Through the second fiscal year, the recycling
business had a $714,924 positive cash flow because of the strong recyclables' markets,
strong citizen support, and cooperative marketing with Dunedin, Safety Harbor and private
companies.
Future plans include: 1) implementation of the multi-family program in June 1996;
2) commencing the roll-off program by third quarter; 3) expansion of the joint marketing
program; 4) expansion of the processing center; 5) building a mini-transfer station for yard
waste and selected recyclables; 6) dumpster screening program; 7) revision of the entire
Solid Waste business plan; and 8) a study of regionalization.
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The Mayor questioned how the City could encourage companies to use recycled
materials when manufacturing products. Mr. Brumback said representatives of each 'J
recycled product push their use and the Governor has named a task force to develop
markets. The Mayor noted the recycling program is not paying for itself even though it is
making money. Mr. Brumback said the program has a long way to go before it is
profitable. He hopes as markets grow, demand for recycled goods will increase. The
Mayor noted recycling cuts the City's cost of disposing solid waste.
Commissioner Johnson questioned why the price paid for recycled plastics has
decreased. Mr. Brumback said many types of plastic do not mix. Until they can be
separated, the final product is not as valuable. Commissioner Berfield complimented the
Solid Waste Department for doing a good iob. The Mayor agreed.
ITEM #31 - First ReadinQ Ord. #5969-96 - Amending Appendix A, Schedule of Fees, Rates
and Charges for Article XIX - Streets, Sidewalks, Other Public Places (EN)
Engineering Services' rate and fee schedule was last amended in 1982. Since then,
the consumer price index has increased 58.6%. A cost comparison of neighboring cities
and Pine lias County, indicates the City's fees generally are less than half of what other
cities charge for the same services.
The Engineering Services Division has instituted many informative new policies that
involve more staff time. The increased permit fee for right-at-way permits also covers the
cost of a detailed maintenance of the traffic plan now required for all work within City
streets. Staff time is needed to explain requirements to the contractor and review plans.
Recommended fee adjustments are not based solely on other cities so a linear comparison
may not be applicable. Staff involvement and the degree of service were key in
determining the proposed fee structure.
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........, The fee structure is basically unchanged but fees have been revised. Due to the
City's urbanization, the proposed ordinance includes a permit to cover revenue lost when a
construction use occupies a parking space for private use. Rates in sections 4 and 5 of
the proposed ordinance were based on total revenue lost per day.
Engineering Department Director Rich Baier said staff will review these fees every
five years. He said revisions were made according to City Commission direction at the
February 12, 1996, Work Session to charge a $7.50 daily fee for beach parking spaces
and a $3 daily fee for downtown parking spaces when spaces are needed for construction
uses. Mr. Baier said staff will collect tax on parking lot spaces as directed by State law.
Commissioner Clark said he could not support the proposed increases because
some are as high as 1000%. Commissioner Berfield noted people have been getting a
bargain because rates have not increased for 14 years.
Commissioner Berfield moved to revise the Code of Ordinance, Appendix A, the
Schedule of Fees, Rates and Charges - Article XIX Streets, sidewalks, and other public
places. The motion was duly seconded. Commissioners Berfield and Johnson and Mayor
Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried..
The City Attorney presented Ordinance #5969-96 for first reading and read it by
titfe only. Commissioner Berfield moved to pass Ordinance #5969-96 on first reading.
The motion was duly seconded and UpOr) roll call, the vote was~
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II Ayes": Berfield, Johnson and Garvey.
"Nays": Clark
Absent: Thomas
Motion carried.
ITEM #32 - (Cont'd from 02/01/96) Parking Space Utilization Agreements for Clearwater
Beach (CP)
The City Manager said staff had requested to continue this item.
Commissioner Berfield moved to continue this item to a date uncertain. The motion
was duly seconded and carried unanimously.
ITEM #33 ~ Other Pendino Matters - None.
CITY ATTORNEY REPORTS
ITEM #34 - Resolutions
a) Res. #96-12 - Demolition Lien - 610 McLennan St.. Belleviaw Court, Blk B, Lot 10
(Sherman}
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The City Attorney presented Resolution #96-17 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-17 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Berfield, Johnson, Clark and Garvey
"Nays": None
Absent: Thomas.
b) Res. #96-' 6 - Assessing property owners the costs of mowing or having cfeared
owners' lots
The City Attorney presented Resolution #96-17 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-17 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
t'Ayes": Berfield. Johnson. Clark and Garvey
"Nays": None
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Absent: Thomas.
ITEM #35 - Other City Attornev Items - None.
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ITEM #36 - City Manaoer Verbal Reoorts
Mr. Shuford referred to the downtown rezoning proposal and noted zoning changes
are associated with the redevelopment plan adopted by the City Commission. He said the
Planning & Zoning Board has continued their review of the plan to March 1996. Staff will
continue to educate the public regarding proposed changes. He said the intent is to create
a town center which is difficult to accomplish without limiting height or density. The plan
will return to the City Commission after the Planning & Zoning Board review is complete.
ITEM #37 - Other Commission Action
Commissioner Clark referred to correspondence from Long Boat Key regarding Red
Tide and questioned if the City was represented at those discussions. He requested
consideration of a resolution regarding Red Tide as proposed by Long Boat Key.
Commissioner Clark requested an update on the proposal to contract a single caterer
for the Harborview Center. The Mayor felt an exception to the HBrborview Center's
catering requirement should be granted to the Pinellas County Education Foundation.
Deputy City Manager Kathy Rice said the City has received the catering bids and staff will
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interview five applicants tomorrow. She noted a problem with assigning the liquor
license if an exclusive caterer is not contracted. Commissioner Clark noted City
Commission approval of allowing outside caterers for up to only five events was based
on a GFS (Globe Facility Services) suggestion.
Commissioner Clark questioned if the City had given up on a third floor restaurant
in the Harborview Center. Ms. Rice said that was not the case. One can be added
later. The City Attorney indicated the catering contract may preclude adding that
restaurant for the length of the contract. Ms. Rice reported two of the largest local
caterers would not submit a bid because Pickles Plus will be in the building.
Commissioner Clark questioned if none of the bid responses is satisfactory if the City
can refuse to contract with any of them. Ms. Rice said that is the case. She noted
some contracts for booked events will not be signed until the caterer is determined. In
answer to a question, she said the catering contract will come to the City Commission
for approval. The request by the education foundation only will come back to the City
Commission if there is a problem.
Commissioner Berfield questioned who decides which five requests for outside
catering services are accepted. The City Manager said the City Commission decided
to assign that decision to GFS. Appeals come to the Management Team.
Consensus was to address this issue at the March 4, 1996 Work Session.
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'''',;'~ Commissioner Johnson noted not every meeting at the Harborview Center will
serve alcoholic beverages. The City Attorney said if the City gets a liquor license for
the center, it will have to be assigned to someone. One-day licenses are available for
non-profit organizations. The State has expressed concern regarding how the City is
handling this issue. She indicated the Division of Alcohol has been very cooperative.
A business cannot obtain a liquor license without a location.
Commissioner Clark questioned if every light in the Harborview Center must
remain lit. Ms. Rice will check on that.
Commissioner Berfield questioned if responses were made to requirements for
O'Keefe's St. Patrick's Day celebration and to the American Cancer Society's request
to waive fees for police coverage during their March 9, 1996, 5K walk/run. The City
Manager reported the City has scaled back its request for the number of police officers
at O'Keefe's St. Patrick's Day celebration. The City Manager's office has responded
to the Cancer Society and denied their request to waive those fees.
Mavor Garvev said pictures of advertisements of Clearwater at Philadelphia's
Veterans Stadium show good effort. A letter will be sent to Phillies president Bill Giles
thanking him and encouraging continuation.
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Mavor Garvey invited everyone to attend the Saturday in the City and City
Market Place scheduled for February 17, 1996. Free parking is available at the Garden
Avenue parking garage. She said vendors have expressed an interest in continuing to
serve the Saturday market. .
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ITEM N3a - Adiournment
The meeting adjourned at 7:25 p.m.
ATTEST: J\ U(L,;.: 2. t;L.. .Q,.
'~,. \ ~ City Clerk,
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