07/18/1996 (2)
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COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, July 18, 1996 - 6:00 P.M. - Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
6. Approval of Minutes - Regular Meeting
6/20/96 & Special Meetings 6/18/96
(strategic planning) & 6/20/96
(attorney/clienU
1. A moment of silence was observed.
2. Mayor.
3. 6 awards presented.
4. Proclamation:
Parks & Recreation Month ~ 7/96
5. Clearwater Pass Bridge Commemorative
Plaque presented.
6. Approved as submitted.
7. Citizens to be heard ra items not on tha Agenda
Margaret Hyde requested City co-sponsor and support Women's Equality Day & RaHy. Sha stated it is
not a political event.
Q~n Moran praised the lights on Clearwater Pass Bridge.
PUBLIC HEARINGS
8. Public Hearing - Approve City's 1996-97 8. Approved.
Consolidated Plan and Subgrantee Contract
Form (ED)
':~. NQt Public Hearing. Approve 9. Approved.
recommendations by the Technical Review
Committee for allocation of city social
services funds in the amount of $62,000,
and approve proposed contract form for the
funding contracts related to Fiscal Year
1996-97 City of Clearwater Social Services
Grants (HM)
10. Public Hearing - Development Agreement 10. Approved. Res. #96-45 adopted.
with James A. and Hazel E. Vogel, for
prop,erty located on E side of Landmark Dr.,
approx. 650' S of Enterprise Rd., Sec. 33~29-
16, M&B 22.011, to authorize development
of up to 34 Single Family Residential Units
for a gross density of 5 units per gross acre
and up to 14, 1 60 sq. ft. of Office Floor Area
(Maximum 0.3 Floor Area Ratio); no structure
shall exceed 30' in height; and Res. #96.45 ~
approving the development agreement with
James A. and Hazel E. Vogel (A96-211
, ;
~/18/96 1
_. . ." ~ ., \ , ,( .
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0'" Public Hearing - Res. #96-48 - to modify the
". -. , community redevelopment plan for
downtown to allow financial participation by
the CRA in the construction of a Winn-Dixie
grocery store and associated retail facilities
at the northeast corner of Cleveland Street &
Myrtle Avenue
12. Public Hearing & First Reading Ord #6028-96
- LDCA amending Sec. 45.23 to exclude city-
owned property from eligibility for minor
variance consideration and to exclude any
property from eligibility for minor variance
consideration where variances are granted in
excess of specified limits; to allow minor
variances for freestanding sign setback up to
5' (LDCA 96-10)
13. (Cant. from 6/6 & 6/20/96) Public Hearing &
First Reading: Ord. #5962-96 - LDCA
amending Div. 26 of Ch. 40, to provide for
revised development standards in the Urban
Center District P. Ord~ #59G4-Se - Zoning
Amendments for Downtown Urban Core
districts rLDCA95-20, 296-01)
. ,". 14. Public Hearing & First Reading Ord. #6055-
(~~) 96 - CI Zoning f()r property located on
',' Fairburn Ave., Engman St. & Betty Lane,
Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots
1-4, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk
E, Lots 13-16, Pine Ridge, Blk C, Lot 10, Blk
0, Lots 8-13, Blk E, Lots 8 & 9. Stevenson's
Heights, Blk A, Lot 27 (Everybody's
Tabernacle, Inc. I Calvin & Evelyn Doyle I
Sergeant Allen Moore Community
Partnership, Inc. I M&H Co. I Henry & Anne
Meister I Nicholas Koulouvaris, TRE I Behnam
Gholampoar / Bruce Mesagno / Thomas &
Elizabeth Floyd I Baker & Williamson
Enterprise / Alice Blunt I Dorothy Oilliard
Estate I Homeless Emergency Project / City,
Z96-06)
15. Variance(s) to Sign Regulations for property
(Easy Pick Convenience Store) located at
2320 Sunset Point Rd., Sunset Point Estates,
Blk B, Lot 18 and part of Lot 17 {Cheaib,
SV96-11 )
-J-,/18/96
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11. Approved. Res. #96-48 adopted.
12. Approved. Ord. #6028-96 passed 1 st
reading.
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13. Continued to 8/1/96.
14. Approved. Ord. #6055-96 passed 1 st
reading.
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15. Denied requests for 1 freestanding sign to
permit 2 such signs, and 233 sq.ft. to allow
297 sq.ft. of freestanding sign area.
2
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Public Hearing ~ Second Reading Ordinances
16. Ord. #6044-96 - LDCA defining "public
safety facility", identifying zones where
public safety facilities may be allowed,
providing standards for approval (lDCA 96-
11 )
17. Ord. #6045-96 - Amending Secs. 40.103,
40.324, 40.365, 40.384, 40.404 & 41.053,
to allow bed and breakfast inns as a
conditional use in the AM-1 0 District, CN
District, Beach Commerical District, and CR-
24 & CR-28 Districts (LDCA 96-091
18. Ord. #6050-96 ~ Vacating North 10' of
existing 30' drainage & utility easement lying
South of & adjacent to lot 13, Blk 6, Revised
Plat of Brookwood Terrace Sub., less East 5'
(St. Vincent DePaul, V96-0B) \
19. Ord. #6051-96 - Annexation for property
k:c~tcd Oii [ sldt: uf Li:ull..imark Dr., approx.
650' S of Enterprise Rd., Sec. 33-29-16,
M&B 22.011 (Vogel, A96-21)
20. Ord. #6052w96 - Zoning IDL - Tract A, M&B
less S 509' m.o.I.), (RPD5 - Tract a, M&B
f:.~;~) less N 160' m.o.I.) for property located on E
side of landmark Dr., approx. 650' S of
Enterprise Rd., Sec. 33-29-16, M&B 22.011
(Vogel. A96-21}
21. Ord. #6053-96 - Vacating portion of utility
easement lying on Lots 3, 4, & 13, Pinellas
Groves, SW}4 5ec.1-29-15 (City, V96-06)
22. Ord. #6054-96 - reducing the easement
granted by City of Clearwater Ordinance 116
to the successor of the Tampa & Gulf Coast
Railroad, CSX Transportation Incorporated
23. Ord. #6056-96 - Amending the Operating
Budget for Fiscal Year ending 9/30/96
24. Ord. #6057w96 - Amending the CIP Report
and Budget for Fiscal Year ending 9/30/96
25. Ord. #6058-96 - Relating to registration of
lobbyists, Amending Sec. 2.700 to revise
definitions of boards and lobbying; Amending
Sec. 2.701 to add two-day grace period to
registration requirements
\...J7/18/96
16. Ord. 116044-96 adopted.
17. Ord. #6045-96 adopted.
18. Ord. #6050-96 adopted.
19. Ord. #6051-96 adopted.
20. Ord. #6052-96 adopted.
21. Ord. #6053-96 adopted.
22. Ord. #6054-96 adopted.
23. Ord. #6056-96 adopted.
24. Ord. #6057-96 adopted.
25. Ord. #6058-96 adopted. \
3
1..........~6. Ord. #6061-96 - Deleting Subsection (3) of 26. Ord. #6061-96 adopted.
. Sec. 22.83 relating to special events to allow
special events on holiday weekends on city
beaches
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-54) - 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.
27. Purchase a rescue unit for Fire Dept., from Saulsbury Fire Equipment, Inc., Tully, NY, for
$334,965 (FD)
2B. Reappoint Myron Ahrens & Rick Stucker as Trustees of The Clearwater Firefighters Supplemental
Trust Fund (FD)
29. Request for authority to pay Charles Kimball, Claimant, Workers' Compensation Benefits for wage
loss from 7/14/89-3/24/96, for $139,000 (FN)
30. Request for authority to pay Michael Szuba, Claimant, $61,250 as full, final, and complete
settlement of all indemnity and medical benefits and attorney fees arising out of pending workers'
compensation claim, and release the City from any and all future workers' compensation
obligations to Claimant IFN)
.,31. Ratify payment of $153,985 from the Central Insurance Fund made 11/15/95 to cover 2 checks
,,~J written by Gallagher Bassett Services, Inc., on the City bank account it maintains for payment of
workers' compensation claims, for payment of benefits to Claimant, Judi Acker, after an adverse
decision of the First District Court of Appeals was upheld by the Florida Supreme Court, and
approve payment of $65,000 in settlement of the claim by Claimant's attorney for an attorney fee
for representing the Claimant (FN)
32. Legal Service Agreements with: Akerman, Senterfitt & Edison, Orlando, FL (environmental);
Miller, Balis & O'Neil, Washington, D.C. (federal regulatory); William J. Peebles, P.A., Tallahassee,
FL (Florida regulatory); and Figurski & Harrill, New Port Richey, FL (Pasco), providing specialized
counsel to the Clearwater Gas System, approve increased funding of $10,000, and provide for
City Manager approval to extend subsequent annual year contracts with these firms (GAS)
33. Purchase underground propane tanks from American Welding and Tank, Camp Hill, PA, for an est.
$43,416 (GAS)
34. Interlocal Agreement with Hillsborough County Sheriff's Office to provide radio transmission back-
up support in the event either party loses its capabilities due to natural disaster (GS)
35. Contract for design & installation of a motor vehIcle fumes exhaust extraction system in the Fleet
Maintenance garage to Tack and Warren Service, Clearwater, FL, for $59,819 (GS)
36. Ratify & Confirm emergency purchase of audio & related equipment from Encore Broadcast
Equipment Sales at a cost of $3,511 to be used in the MSB television studio (1M)
37. Contract to PineHas County SherifLto provide latent fIngerprInt examination & related services, as
well as crime scene services, including evidence & property storage, to the Police Dept., for the
period 1/1/97-12/31/97, for $343,855.50 (PO)
'07/18/96
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(-...p8. Lease Agreement with Bohunt, Lessor, for premises located at 1453 S. Greenwood Ave., Space
; B, Clearwater, FL, for the period 711 /96-6/30/97, at rental of $3,000 payable to Lessor, which is
maximum sum due for all services to be rendered during term of lease (re South Clearwater Police
Mini-Station) (PO)
39. (Cont. at 6/20/96) Contract for holiday decorating services to Clark Sales Display, Inc., for the
period 12/1/96-1/15/2001, for $70,200 (PRl
40. Contract through Purchase Order for removal of Brazilian Pepper at Cooper's Point to Stan Cisilski,
Inc., St. Petersburg, FL, for $66,700 (EN)
41. Implement Phase I of Utility Rate Study with Engineer of Record, Post, Buckley, Schuh & Jernigan,
for $97,526 fEN)
42. License Agreement for vehicular parking over a 15x90' portion of city-owned real property, Sec.
16-29-16, M&B 22.32 to William E. & Marilyn M. Rowe, as consideration & in exchange for their
conveyance by Special Warranty Deed of a 20x75' portion of real property, Sec. 16.29-16, M&B
22.27, with est. documentary & recording fees of $45 fEN)
43. Non-Exclusive License Agreement for vehicular parking of indeterminate duration with The
Kimberly Home, Inc., Bassadena Sub., Blk 0, Lots 1.3, in consideration of maintaining the property
& complying with all covenants & conditions therein, subject to termination upon notice at any
time, with est. expenses of $350 (EN)
44. Contract renewal for sludge hauling & disposal for the WPC Division, with Davis Water & Waste
Industries, Inc., for the period 8/1/96-7/31/97, for an est. $306,699 (EN)
45. Contract for Magnolia Drive Dock Replacement to Seaway Marine Contractors, Inc., St.
Petersburg, FL, for $119,830.62 (EN)
46. Contract for City Wide Fueling System located at the Solid Waste Complex to Nichols Industries,
Inc., Niceville, FL, for $144,150 (EN)
<'-,.}\. 7. Interlocal Agreement with Largo & St. Petersburg to provide back-up solid waste support with
'""""', manpower & equipment as needed effective 1 0/1 /96; authorize City Manager to extend the
agreement annually as appropriate ISWl
48. Extend contract for purchase of approx. 1,600 - 90 gallon refuse containers & misc. spare parts
from Rotonics Manufacturing, Inc., Bartow, FL, at an est. $111,700 (SW)
49. Receipt/Referral - ordinance for amendment to Clearwater Comprehensive Plan related to Public
Education Facility Siting Act (CP)
50. Utility Maintenance Easement - N & W side of Frontier Elementary School IPinellas County School
Board) (CA)
51. Water Main Easement - Sever Park, Lot 4 (South Gate Mobile Home Park) (CA)
52. Sanitary Sewer Easement - Oak Heights Park, Lot 12 (Smith) (CA)
53. Letter of Understanding with FOOT re Project Development and Environment Study re SR60
Memorial Causeway Bridge (CA)
54. Chamber's request to approve road closures for the Morton Plant Hospital Bayside Bridge Boogie
to be held on 10/12/96, 4 a.m. to 12 p.m. (access roads & Bayside Bridge, from Drew St. to
Roosevelt Blvd.)
OTHER ITEMS ON CITY MANAGER REPORT
55. Res. #96-49 - naming city property located at 55. Res. #96-49 adopted.
801 Bayshore Blvd. as "Cooper's Bayou
Park" as recommended by the Parks &
Recreation Board (PR)
'...../7/18/96 5
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1'1. a) Set Dedication Date
,:. . ':~6. (Cont. at 6/20/96) Recommend deny request
from Clearwater Bombers for continuation of
grant program whereby the City would
contribute $1 to the Bombers for every $10
in cash or in specific in-kind services the
Bombers receive as donations from the
private sector up to a maximum City
contribution of $10,000 during FY 1995/96
(PR)
57. Contract for Landmark Drive Extension to
MTM Contractors, Inc., St. Petersburg, FL,
for $1,056,130.80 (EN) .
58. Memorial Causeway Bridge Design Phase -
commit the City to budget a maximum of $3
million for design of new bridge to replace
existing MCB at Clearwater Harbor, and
authorize staff to negotiate with FOOT and to
prepare a draft agreement which will allow
FOOT to reimburse the City for funds
expended for design & construction of new
bridge pursuant to House Bill No. 539, and
authorize City Engineer to begin negotiations
with HDR Engineering, Inc. to supplement
f:,) existing professional services agreement with
, HOR dated 10/21/94 (EN)
59. First Reading Ord. #6059-96 - abolishing
permitting of private hauling companies to
provide roll-off service in Clearwater;
establishing Clearwater Solid Waste
Department as roll-off service provider
effective 10/1/96; amending schedule of
fees, rates & charges to provide Sec. XXIX
for Solid Waste Dept. rates; establishing
rates for roll-off service in Clearwater (SW)
60. Contract for Stevenson's Creek Channel
Improvements - Phase II to Kamminga &
Roodvoets, Inc., Tampa, FL, for $3,780,610
(EN)
61. Professional Services Agreement with Camp
Dresser & McKee, Inc., for review of Shop
Drawing Submittals for Stevenson's Creek
Channel Improvement Contract, for $35,000
(EN)
.
\~ /18/96
, " "'le,'.
al Date will be set later.
56. Oenied request.
57. Approved.
58. Approved.
59. Continued to 8/1/96.
60. Approved.
61. Approved.
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t~2. Authorize continuing Consultant Services
.) Work Order to Post, Buckley, Schuh &
Jernigan, Inc., for Construction Contract
Management of Stevenson's Creek Channel
Improvement Contract, for $327,003 (EN)
63. Approve amendments to Sec. 21.11 of Code
related to disorderly conduct and loitering;
First Reading Ord. #6060-96 - Repealing Sec.
21 .11 (e), to prohibit the obstruction of public
places (PO)
64. Penny for Pinellas Project List
65. Res. #96w50 - delegating authority to the City
Manager for approval of grant applications
(eM)
66. Community Relations Board - 1 appointment
{eLK} .
67. Marine Advisory Board ~ 2 appointments
{CLK}
68. Parks and Recreation Board - 1 appointment
(CLK)
69. Other Pending Matters
62. Authorized.
63. Approved. Ord. #6060~96 passed 1st
reading.
64. Approved.
65. Approved. Res. #96-50 adopted.
66. Appointed Thomas Fry.
67. Appointed David Smith. Reappointed Donald
McFarland.
68. Reappointed Donald Harris.
69. None.
CITY ATTORNEY REPORTS
70. Resolutions
a) Continued to 8/1/96.
. 70. Resolutions
\';i~ a) Res. #96-47 - Abatement Lien - 630 Drew
St., Jones' Sub. of Nicholson's, Blk 7,
Lots 1-3 and part of vacant alley
(Schoeller / Daniel)
71. Other City Attorney Items
71. None.
72. City Manager Verbal Reports
City Manager requested Commission let staff know if interested in attending National League of
Cities conference in San Antonio, Texas. Directed reservations for three be made.
73. Other Commission Action
Hooper commended Kathy Rice for receiving public service leadership award.
He requested staff proceed posthaste with plans for beach streetscape.
He requested the families of the victims of TWA flight 800 crash be remembered in thoughts and
prayers.
~ohnson expressed concern no prayer was given at beginning of meeting. Suggested when no
minister present to request a Commission member do so. Mayor expressed concern rB some
members not being comfortable doing so. Commissioner Clark suggested asking who would be
comfortable and stated he is.
.cJ..ark thanked Bill Stephan for his service on Chairmanship of Marine Advisory Board.
He stated he reluctantly voted for the Penny for Pinellas Project list and requested Ruth Eckerd
Hall do what it can to make the facility more accessible to more of the community.
74. Adjournment - 9:40 p.m.
U7/18/96
7
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Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk '
Board Reporter
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CITY COMMISSION MEETING
CITY OF CLEARWATER
July 18, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seet
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
The Mayor called the meeting to order at 6:00 p.m. at City Hall. A moment of
silence was observed. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3- Service Awards
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Six service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation:
National FClrks & Recreation Month - July 1996
ITEM # 5- PresentCltions
Thomas White of David Volkert & Associates presented a commemorative plaque
for the Clearwater Pass Bridge.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
June 20, 1996, and t~e special meetings of June 18, 1996, and June 20, 1996, 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 Agenda
Margaret Hvde said the August 24, 1996, ice-cream social celebration was not a
political event but would recognize the anniversary of women's right to vote and show
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07/18/96
Dan Moran praised the City for lighting the Clearwater Pass Bridge.
t""')
thanks to women who worked hard for this privilege. She said men did not have to earn
this right as it was bestowed upon them when the country was founded. Event organizers
have not requested City funding, just support. She requested use of the City Hall stairs
and lobby for displays.
PUBLIC HEARINGS
ITEM #8 - Public Hearina - Aoorove City's 1996-97 Consolidat~d Plan and Subgrantee
Contract Form (ED)
Under the Consolidated Plan, the City coordinates its approach to providing
affordable housing, creating jobs, helping the homeless, controlling crime, and revitalizing
neighborhoods. Neighborhoods are helped by defining their needs and addressing them
through an action plan with specific performance measurements.
The Consolidated Plan provides the U.S. Department of Housing and Urban
Development with a single comprehensive planning document. Under a separate
Consortium Application, Pinellas County provides HOME Program funds. SHIP (State
Housing Initiatives Partnership) funds are available under a separate State application. On
April 18, 1996, the City Commission approved the SHIP Local Housing Assistance Plan.
Exhibit A to these minutes describes the proposed projects and funding to be
-"'j approved.
.._1
Commissioner Johnson moved to approve the City's 1996/97 Consolidated Plan
and Subgrantee Contract Form and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
ITEM 1f9 - Not Public Hearing - Approve recommendations by the Technical Review
Committee for allocation of Citv social services funds in the am9unt of $62.000. and
aDDrove Drooosed contract form for the funding contracts related to Fiscal Year 1996'97
City of Clearwater Social Services Grants (HM)
By City Commission direction, the City Social Services Grant program was made
competitive effective FY (fiscal year) 1993/94. In March 1996, staff mailed grant
application forms and instructions to area agencies that had expressed interest in the
program or had participated previously. Requests were limited to a maximum of $10,000
and agencies could submit only one application per project. Agencies were asked not to
submit funding applications to the City Social Services Grant and the Consolidated Plan for
the same project. Staff advised agencies the anticipated total funding for this program
would be $62,000. The City received 34 grant applications totaling $257,206.
The TRC (Technical Review Committee), impaneled to rank applications, convened
on May 28, 1996, and made funding recommendations. TRC members included: 1)
Barbara Butz - HRS; 2) Alex Barron ~ Morton Plant/Mease Hospital; 3) Elizabeth Smoot -
, .......)
mcc07.96
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07/18/96
Commissioner Johnson moved to approve the recommendations made by the TRC
(Technical Review Committee) - Exhibit B R for allocation of City social services funds in
the amount of $62,000 and approve the proposed contract form for the funding contracts
and that the appropriate officials be authorized to execute same. The motion was duly
seconded. Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted "Aye";
Commissioner Clark voted "Nay. It Motion carried.
Pinellas Technical Education Center; 4} Jerome Brown - Pinellas County Social Services
(~ Department; 5) Jill Perrino - Clearwater Community Relations Board; 6) Herbert Freitag -
Clearwater Community Relations Board; and 7) Dorothy Whitlock - Juvenile Welfare Board.
Due to illness, Ms. Whitlock did not attend the TRC meeting. TRC recommendations are
based on the agencies' average numeric scores. Most proposals were funded in amounts
less than requested to permit a greater number of agencies to be funded. '
In answer to a question, Mary Dowdell said she will be the Executive Director of
Tampa Bay Harvest until they find someone to take the position full-time. The agency has
signed up 7 partners and is working to attract others to meet the organization's needs.
Commissioner Clark expressed concern each current partner is contributing an average of
$200 but the City is asked to contribute 4 times that amount. Ms. Dowdell said once they
receive additional qommunity support. the agency will not ask the Citv for more funds.
She explained Tampa Bay Harvest is an all volunteer organization that picks up food and
distributes it to area shelters, food pantries and kitchens.
Suzanne Bissett, Quest Inn Executive Director, hoped the City will allocate
additional funds. The City did not fund Quest Inn this year for the first time in her
memory. She expressed concern this will negatively 'affect the program. Eric Houton,
member of the Quest Inn board of directors. read a letter from a former client thanking the
Quest Inn. The Quest Inn offers shelter and counseling and helps people get on their feet.
,
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Commissioner Johnson recommended the City increase social service funding to
$100,000. The Mayor recommended the City Commission discuss that when addressing
next year's budget. Commissioner Hooper questioned how the $62,000 funding level was
established and how long it has remained at that level. Human Relations Director Eleanor
Breland said that rate was established many years ago when the City Commission funded
certain agencies every year. She noted the TRC recommendation to increase funding.
ITEM #10- Public Hearing R Development Agreement with James A. and Hazel E. Vogel,
for property located on E side of Landmark Dr., approx. 650' S of Enterprise Rd., Sec. 33-
29-16, M&B 22.011, to authorize development of up to 34 Single Family Residential Units
for a gross density of 5 units per gross acre and up to 14,160 sq. ft. of Office Floor Area
(Maximum 0.3 Floor Area Ratio); no structure shall exceed 30' in height; and Res. #96-45
- approving the development agreement with James A. and Hazel E. Vogel (A96~21 ~
The Vogel family owns approximately 8.04 acres on the East side of the Landmark
Drive extension. The City is constructing the Landmark Drive extension to the planned
Lake Chautauqua Park, South and West of the subject property. The Vogel family and City
jointly are contemplating a development agreement that benefits both parties.
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3
07/18/96
f~ City benefits include: 1) obtaining a 30.foot right-ot-way section to the City
allowing the Landmark Drive extension to be centered; 2) residential and office property
being annexed into the City: and 3) landscape buffering being provided along Landmark
Drive.
Benefits to the property owners in the form of City concessions include: 1) the
City's construction of the Landmark Drive extension allowing access to the subject
property; 2) reduction of 10 feet in the proposed residential subdivision internal right-of-
way width from the standard 60-feet requirement; 3) reduced width for corner lots; and 4)
reduced "corner side" setback for corner lots of 10 feet versus the standard 25 feet.
Residents of nearby subdivisions view "centering" of Landmark Drive as important. Staff
feels concessions requested by the developer are relatively minor, generally paralleling
Pinellas County development standards.
On June 18. 1996, the Planning & Zoning Board unanimously recommended
approval.
Commissioner Hooper moved to approve the proposed development agreement
between lhe, City of Clearwater and James A. Vogel and Hazel E. Vogel and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
-,.)
The City Attorney presented Resolution #96-45 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-45 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson. Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #11 - Public Hearing - Res. #96-48 - to modify the community redevelopment plan
for downtown to allow financial participation by the CRA in the construction of a Winn-
Dixie grocery store and associated retail facilities at the northeast corner of Cleveland
Street & Myrtle Avenue
The eRA (Community Redevelopment Agency) has expressed interest in
participating financially in the Winn-Dixie redevelopment project. To do so with eRA
funds, the Downtown Redevelopment Plan must be modified to include the redevelopment
project. The eRA adopted Resolution #96-02 requesting modification of the Plan.
On July 18. 1996. the Planning & Zoning Board (local planning agency) voted 4-3 to
support the plan. Central Permitting Director Scott Shuford said opposition was based on
concern regarding a City expenditure to help a corporation the size of Winn-Dixie. He
indicated the modification is consistent with Clearwater's Comprehensive Plan. A grocery
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Lou Chaconas said he welcomed the project.
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store provides good support for residential development. The project's lead agency is
CNHS (Clearwater Neighborhood Housing Services).
CNHS Project Manager Nancy Hansen said Winn-Dixie responded positively
regarding their relocation downtown to the 48,000 square foot store. At least three shops
on the outparcal will serve as lower rent incubator space for new businesses. The
development will increase downtownts tax base and add between 160 and 250 jobs. She
hoped'the jobs would go to low and moderate income area residents. Ms. Hansen felt the
project is good and said she was proud to be part of it. Commissioner Clark questioned If
all six outparcel shops would serve as incubators or would a mix be encouraged. Ms.
Hansen said there would be a mix with established businesses attracting customers for the
new businesses. She said CNHS will own the property and maintain control. They will
lease the space to WInn~Dixie and other businesses.
Commissioner Johnson moved to approve the proposed modification to the
Downtown Redevelopment Plan to incorporate the Winn-Dixie project. The motion was
duly seconded and carried unanimously.
The City Attorney presented Rosolution #96-48 and read it by title only.
Commissioner Seel moved to pass and adopt Resolution #96-48 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
.,,~)
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #12 - Public Hearino & First Readino Ord #6028-96 - LDCA amending Sec. 45.23 to
exclude City-owned property from eligibility for minor variance consideration and to
exclude any property from eligibility for minor variance consideration where variances are
granted in excess of specified limits; to allow minor variances for freestanding sign setback
up to 5' (LDCA 96-10)
This code amendment was prepared in response to two areas of concern expressed
by the DCAB (Development Code Adjustment Board) regarding the minor variance program:
1) the potential for the minor variance program to result in "cumulativet. variances and 2)
that City-owned properties be excluded from minor variance consideration to avoid the
appearance of conflicts of interest. DCAB wanted a completely unbiased review of code
deviations affecting City properties.
Staff also has added changes: 1) relettering the list of minor variances to delete
"Reserved" from the list and 2) allowing minor variances for freestanding sign setback for
the full 5-feet required by code. reflecting the City Commission's typical approval of sign
setback variances.
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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On June 13, 1996, DCAB recommended approval of the code amendment.
Commissioner Clark moved to approve the land Development Code amendment
excluding City-owned property from eligibility for minor variance consideration, excluding
any property from minor variance consideration where variances are granted in excess of
specified limits, and allowing minor variances for freestanding sign setback up to 5 feet.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6028-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6028.96 on first reading. The
motion was duly seconded and upon roll caU, the vote was:
"Nays": None.
ITEM /113 - (Cont'd from 06/06 & 06(20/961 Public Hearing ~ First ReaQing: Ord. #5962-
96 - lDCA amending Div. 26 of Ch. 40, to orovide for revised development standan;fs in
the Urban Center District & Ord. #5964-96 - Zonina Amendments for Downtown Urban
Core districts (LDCA95-20, Z96-01}
The City is in the process of adjusting its zoning requirements to implement the
Downtown Redevelopment Plan. Adjustments include changes to Downtown zoning
districts and amendments to the Land Development Code for the Urban Center district
The Downtown Redevelopment Plan recommends establishing some revised zoning
districts. The City Commission has desired modifications to some of these
recommendations and directed staff to eliminate the multiple Eastern Corridor subdistricts
proposed in the Plan and to extend the UC[C21 subdistrict on block eastward to
incorporate both sides of Myrtle Avenue.
Regarding the Land Development Code amendments, the revised zoning and
development regulations for downtown zoning districts include changes in allowable
height, FAR (floor area ratio), density requirements, and other less substantial changes.
Staff believes implementation of the Downtown Redevelopment Plan will spur new
redevelopment activity downtown and is confident the proposed changes reflect
appropriate levels of development intensity. A number of adjustments were made to the
original proposal to encourage downtown property owner support.
On May 21, 1996, the Planning & Zoning Board endorsed the code amendments by
a 4-1 vote. On June 4, 1996, the Planning & Zoning Board endorsed the atlas
amendments by a 5-2 vote. Regarding the Eastern Corridor District, the Planning & Zoning
Board recommended increasing the "base" height from 1 00 feet to 150 feet and the
"bonus" height from 150 feet to 180 feet.
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Mr. Shuford said his June 27, 1996, memorandum explains why staff
recommendations were not adjusted as discussed at previous hearings. He said the
Scientologists have expressed concern the ordinance will affect their planned Flag
Organization buildIng. He said the County also may have some concerns. The City
Manager has recommended the County outline their concerns to the City.
Harry Cline, representative for Dimmitt Leasing and Jim Gills, expressed concern his
clients' properties will be in the Eastern Corridor. He indicated Mr. Gills' building is 150
feet tall and the Dimmitt property is divided by a zoning district line. He objected to the
proposed changes because his clients will lose height and FAR limits they currently have.
He felt the changes will not benefit the community. He recommended the City
Commission accept the Planning & Zoning Board's recommendation to increase height
limits in the Eastern Corridor to 150 feet. He read from Mr. Shuford's June 27, 1996,
memorandum, noting staff had indicated a comprehensive evaluation of changing the
corridors could not be done due to the uncertainty of some projects. Mr. Cline
recommended waiting to see how downtown development progresses before imposing
restrictions.
Mr. Cline submitted and read portions of a June 20, 1996, letter from Mark S.
Klein. CCIM, of Klein & Heuchan. Inc. Realtors and a June 20, 1996, letter from James P.
Nelson, Vice President of AmSouth Bank's 16120 US 19N branch, regarding the adverse
impacts of non-conforming properties. He said non-conforming properties impose a
hardship on property owners.
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Commissioner Seel questioned what happens to loans on on-conforming properties.
Mr. Cline said property owners would pay higher insurance premiums. Banks may refuse
to renew balloon mortgages. Commissioner Clark questioned how likely it would be that
insurance companies would permit property owners to over-insure their buildings. Mr.
Cline said banks rely on what owners have and would push insurance requirements to the
maximum. Commissioner Johnson said normally an additional amount is charged for
replacement costs. He questioned if Mr. Cline felt a 150 foot limit in the Eastern Corridor
would be acceptable. Mr. Shuford pointed out code provisions allow buildings with non-
conforming densities, FAR, or heights to be rebuilt. He said financial people he contacted
felt a letter from the City outlining these provisions would make them comfortable.
Commissioner Hooper questioned what would happen if the grand fathering ordinance is
changed. Mr. Shuford said he would have some concerns.
The City Attorney said Mr. Cline is laying a predicate for private property action. If
that should occur, a required process would need to be followed and a settlement would
need to be proposed. She said when the government limits rights property owners
currently have, the property owners can take actions to make sure they are not damaged.
Mr. Cline said he has never threatened the City with a lawsuit. The City Attorney
indicated she was letting the City Commission know that claims may be forthcoming.
Commissioner Seel questioned if accepting the Planning & Zoning Board's
recommendations would solve that problem. The City Attorney said that might assist Mr.
Clinets clients but may not address the concerns of other property owners.
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It is proposed to rezone these properties Infill Commercial (Cn which has the
highest number of permitted and conditional uses, highest residential density, less lot size
requirements, less street right-of-way setback, and minimum lot open space requirements.
The current land use plan classification for these properties is Commercial General (CG)
and will not be changed.
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The Mayor noted the City Commission needs to consider what they want for
downtown. Commissioner Seel expressed concern limits would affect the redevelopment
of the Annex property and around the proposed lake. Commissioner Clark requested
hearing the County's concerns before taking action. The Mayor said she is uncomfortable
with current unlimited heights.
Commissioner Clark moved to continue Item #13 to August 1, 1996. The motion
was duly seconded and carried unanimously.
ITEM 1114 - Public Hearing & First ReadinQ Ord. #6055-96 - CI Zoning for property located
on Fairburn Ave., Engman St. & Betty Lane; Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots 1-
4, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk E; lots 13.16, Pine Ridge, Blk C, Lot 10, Blk
D, Lots 8-13, Blk E, Lots 8 & 9, Stevenson's Heights, Blk A, Lot 27 (Everybody's
Tabernacle, Inc. I Calvin & Evelyn Doyle I Seroeant Allen Moore Community Partnership,
Inc. I M&H Co. I Henry & Anne Meister I Nicholas Koulouvaris, TRE I Behnam Gholampoar
I Bruce Mesagno I Thomas & Elizabeth Floyd I Baker & Williamson Enterprise / Alice Blunt I
Dorothy Dilliard Estate I Homeless Emergency Project / City, Z96-06)
This City initiated rezoning would allow more flexibility to property owners and
developers by minimizing some zoning restrictions while protecting surrounding properties.
The subject properties involve multiple owners and include Infill Commercial (CI),
Neighborhood Commercial (CN) and General Commercial (CG). When compared with the
Neighborhood Commercial (CN) and General Commercial (CG) zoning district requirements,
the Infill Commercial (CD district will be more advantageous to property owners and
developers.
Commissioner Johnson moved to approve the petition for Zoning Atlas Amendment
from Neighborhood Commercial (CN) and General Commercial (CG) to Infill Commercial (CO
for properties: 1) Fairburn Addition, Block A, Lots 1 & 2; Block B, Lots 1 through 4, and
Block C, Lots 5& 6: 2) Pine Brook Unit 2, Block E, Lots 13 through 16; 3) Pine Ridge,
Block C, Lot 10, Block D, Lots 8 through 13, and Block E, Lots 8 & 9; and 4) Stevenson's
Heights, Block A, Lot 27. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6055-96 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6055-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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ITEtJI #15 - Variance(s) to Sign Regulc,ltions for property (Easy Pick Convenience Store)
located at 2320 Sunset Point Rd.. Sunset Point Estates, Blk B, Lot 1 B and part of Lot 17
(Cheaib, SV96-11)
The property on the northeast corner of Sunset Point Road and Atlantis Avenue is
zoned General Commercial. The applicant is requesting: 1) a variance of one freestanding
sign to permit two such signs and 2) a variance of 233 square feet from the permitted 64
square feet to allow 297 square feet of freestanding sign area. The applicant wishes to
erect a 60 square foot freestanding sign to advertise his business to enhance his business'
visibility, particularly to westbound Sunset Point Road traffic which cannot see hIs store
easily.
When the applicant purchased this property in May 1995, the one freestanding
sign, a billboard on the property did not conform to the code's size and height
requirements. The 237 square foot area, 42.2 foot high sign has been illegal since
October 13, 1992. On July 20, 1995, the applicant entered into a real estate lease with
Patrick Media for this illegal sign. Mr. Shuford said the applicant has attempted to get out
of the Patrick Media lease without success.
Applicant Marco Cheaib verified photographs of the property presented him by Mr.
Shuford.
~ ........
Mike Evans. representing the applicant, said part of the property was taken during
road construction. Previously, the property had one sign for the business and the billboard.
He noted the 1993 lawsuit regarding the billboard is pending and may not be resolved for
many years. He said Mr. Cheaib purchased the property from Pinellas County and thought
he could trust the government. He was advised the billboard brought in income and was
shown where the second sign should go. The County did not advise him the billboard was
illegal. He paid for the property and invested money into his business. In July 1995,
Patrick Media came looking for the owner when he was working and offered him $2,100 ,a
year rent. Mr. Evans said as construction on Sunset Point Road progressed, Mr. Cheaib's
business lost eastbound access and the building to his East blocks drivers' view of his
business. He did not know there was a problem regarding the second sign until he applied
for B sign permit. Mr. Evans indicated Patrick Media could tie Mr. Cheaib in court tor many
years regarding this issue. He said the lease was to be for one year but Patrick Media
changed it to five years. Mr. Cheaib has refused to accept any more money from Patrick
Media.
. ........
Mr. Evans noted the City Commission recently approved a freestanding sign for
Clearwater Bagel even though a blllboard stands on that property. He said if the City is
successful with its litigation, the billboards will be gone. He said his client has a unique
hardship and felt his case is similar to Clearwater Bagel which claimed special
circumstances because an automobile knocked over their sign. He noted the client
technically did this to himself but pointed out Mr, Cheaib did not receive a huge benefit.
Without a freestanding sign advertising the business, no one would want that property.
He noted the difficulty of dealing with a non.conforming pieco of proporty. He sold Mr.
Cheaib's business is suffering because drivers are not aware tho business is thoro. Mr.
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In answer to a question, Mr. Evans said Mr. Cheaib did not pay a discounted price
for the property. Through a bid situation, he paid $100,000 for the land and a dilapidated
building that required $150.000 in improvements. Commissioner Seel questioned if the
applicant would have recourse with the County. The City Attorney said he would not if
the County did not mislead him. Mr. Cheaib did sign the lease with Patrick Media.
Commissioner Clark questioned if the applicant was represented by counsel when he
signed the lease. Mr. Evans said that was not the case. Mr. Evans said the request is for
one sign and noted the billboard will be gone if the City wins their case. In answer to a
question, Mr. Evans said the County had purchased the business from 7-11. Mr. Cheaib
has been in business between 2 and 3 months.
Evans dId not think any action taken by the City Commission today would affect pending
,~ litigation with the billboard companies.
Mr. Shuford reported the City had received a letter of objection regarding this
request. He said the billboard company on Clearwater Bagel's property is more
cooperative than Patrick Media and the timing of the signs' construction differed. Mr.
Evans said Mr. Cheaib is willing to tie approval only to him and his business. He would
accept limits as the billboard lease expires in four years. He is willing to do anything. Had
the County advised him of billboard was not allowed, he would not have signed a lease.
The Mayor recommended staff advise the County regarding the Cityts billboard laws.
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Commissioner Hooper noted Mr. Cheaib's van is more visible than a free standing
sign. In answer to a question, Mr. Shuford said parking the van in front of the business
violates the sign code. Mr. Evans said the vehicle can be parked in the rear. The Mayor
said she was more comfortable with Clearwater Bagel's request because an agreement
with 3M seems possible. In answer to a question, Mr. Shuford said the property was
annexed by the City many years ago. Commissioner Hooper questioned if the new sign
fee can be wavered when the billboard is removed. Mr. Shuford said the City Commission
can direct staff to waive the fee. Commissioner Hooper said he tries to be sympathetic to
variance requests but he could not approve the variance, He expressed concern several
people took advantage of Mr. Chaaib.
Commissioner Hooper moved deny a variance of one freestanding sign to permit
two such signs and a variance of 233 square feet from the permitted 64 square feet to
allow 297 square feet of freestanding sign area. on property identified as Lot 18 and part
of Lot 17. Black B, Sunset Point Estates, for failure to meet Sec. 45.24 Standards for
Approval, items (1) ~ (4). The motion was duly seconded.
The City Attorney said Patrick Media takes the position that their signs are not
illegal. The Mayor said she sympathizes with the owner but is tired of giving into the
billboard companies.
Upon the vote being taken, Commissioners Johnson. Hooper, Seel and Mayor
Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
Public Hearing ~ Second Reading Ordinances
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"Ayes": Johnson, Clark, Hooper, Seal and Garvey
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(') ITEM 1116 ~ Ord. #6044-96 - LbCA defining "public safety facility", identifying zones
where public safety facilities may ba allowed, providing standards for approval (LDCA 96-
11 )
The City Attorney presented Ordinance #6044-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6044-96 on
second and final reading. The motion was duly seconded and upon roll call. the vote was:
"Nays": None.
ITEM #17 - O,d. #6045-96 - Amending Sees. 40.103, 40.324, 40.365, 40.384, 40.404
& 41.053, to allow bed and breakfast inns as a conditional use in the RM-1 0 District, CN
District, Beach Commercial District, and CR-24 & CR-28 Districts (LDCA 96-09)
The City Attorney presented Ordinance #6045-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6045-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayest': Johnson. Clark. Hooper, Seel and Garvey
"Nays": None.
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+'f,r'; ITEM #18 - O,d. #6050-96 - Vacating North 10' of existing 30' drainage & utility
easement lying South of & adjacent to Lot 13, Blk 6, Revised Plat of Brookwood Terrace
Sub., less East 5' (St. Vincent OePaul, V96-08)
The City Attorney presented Ordinance #6050-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6050-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
I~Ayes": Johnson, Clark, Hooper, See I and Garvey
ItNays": None.
ITEM #19 - O,d, #6051-96 - Annexation for property located on East side of landmark
Dr., approximately 650' South of Enterprise Rd., Sec. 33-29-16, M&B 22.011 (Vogel,
A96-21 )
The City Attorney presented Ordinance #6051-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6051-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey
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"Nays": None.
ITEM #2Q ~ Ord. #6052-96 - Zoning (OL - Tract A, M&8 less S 509' m.o.I.), (RPD5 ~ Tract
B, M&8 less N 160' m.o.l.) for property located on East side of Landmark Or.,
approximately 650' South of Enterprise Rd., Sec. 33-29-16, M&8 22.011 (Vogel. A96-21)
The City Attorney presented Ordinance #6052-96 for second reading and read it by
title only.
Marcus Vernon, representative of the applicants, thanked the City Commission, City
Attorney, Assistant City Attorney Leslie Dougall-Sides, Engineering Director Rich Baier, and
Mr. Shuford for their help with this project.
Commissioner Clark moved to pass and adopt Ordinance #6052~96 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #21 - Ord. #6053-96 ~ Vacating portion of utility easement lying on Lots 3, 4, & 13,
Pine lias Groves, SW~ Sec.1~29-15 (City, V96~06)
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The City Attorney presented Ordinance #6053-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6053-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark~ Hooper, Seel and Garvey
"Nays": None.
ITEM #22 ~ Ord. #6054-96 ~ reducing the easement granted by City of Clearwater
Ordinance 116 to the successor of the Tampa & Gulf Coast Railroad, CSX Transportation
Incorporated
The City Attorney presented Ordinance 116054-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6054-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #23 ~ Ord. #61)56~96 - Amending the Operating Budget for Fiscal Year ending
09/30/96
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ITEM #31 ~ Ratify oavment of $153.985 from the Central Insurance Fund made 11/15/95
to cover 2 checks written by Gallagher Bassett Services, Inc., on the City bank account it
maintains for payment of workersl compensation claims, for oavrne"t of benefits to
Claimant. Judi Acker, after an adverse decision of the First District Court of Appeals was
upheld by the Florida Supreme Court, and approve payment of $65,000 in settlement of
the claim by Claimant's attorney for an attorney fee for representing the Claimant (FNt
1/~:
lTEM #27 ~ Purchase a rescue unit for Fire DeotH from Saulsbury Fire Equipment, Inc.,
_ Tully, NY, for $334,965 (FD)
ITEM #28 . Reaoooint Mvrofl Ahrens & Rick Stucker as Trustees of The Clearwater
Firefighters Supplemental Trust Fund (FO)
ITt:M #~9 . Reauest f9r authority to Day Charles Kimball, Claimant, Workers'
Compensation Benefits for wage loss from 01/14/89 -03/24/96, for $139,000 (FN)
ITEM #30 . Reavest for authority ~o pay Michael Szuba, Claimant, $61,250 as full, final,
and complete settlement of all indemnity and medical benefits and attorney fees arising
out of pending workers' compensation claim, and release the City from any and all future
workers' compensation obligations to Claimant (FN)
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ITEM #32 - Lega.l S~rvice Agreements with: Akerman, Senterfitt & Edison, Orlando, FL
(environmental); Miller, Balis & O'Neil, Washington, D.C. (federal regulatory); William J.
Peebles, P.A., Tallahassee, FL (Florida regulatory); and Figurski & Harrill, New Port Richey,
FL'{Pasco}, providing specialized counsel to the Clearwater Gas System, approve increased
funding of $10,000, and provide for City Manager approval to extend subsequent annual
year contracts with these firms (GAS)
ITEM #33 - Purchase underground propane tanks from American Welding and Tank. Camp
Hill, PA, for an estimated $43,416 (GAS)
IT~M #34 - Interlocal Agreement with Hillsborough County Sheriff's Office to provide radio
transmissIon back-up support in the event either party loses its capabilities due to natural
disaster (GS)
ITEM #~5 - Contract for design & Installation 9f a motor vehicle fumes exhaust extraction
system in the Fleet Maintenance garag~ to Tack and Warren Service, Clearwater. FL, for
$59,819 (GSJ
ITEM #36 - Ratify & Confirm emergency Durchase of audio & related eaulpment from
Encore Broadcast Equipment Sales at a cost of $3,511 to be used in the MSB television
studio (1M)
ITEM #37 - Contract to Pinellas County Sherjff to provide latent fingerprint examination &
related services, as woll as crime scene services, including evidence & property storage. to
the Police Dept., for the period 01/01/97 -12/31/97, for $343,855.50 (PO)
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07/18/96
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The City Attorney presented Ordinance #6056-96 for second reading and read it by
tltle only. Commissioner Hooper moved to pass and adopt Ordinance #6056-96 on second
and final reading. The motion was duly seconded and upon roll can, the vote was:
"Ayes": Johnson. Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #24 - Ord. #6057-96 - Amending the CIP Report and Budget for Fiscal Year ending
09/30/96
The City Attorney presented Ordinance 116057-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6057-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, .Seel and Garvey
"Nays": None.
ITEM #25 - Ord. #6Q58-96 - Relating to registration of lobbyists, Amending Sec. 2.700 to
revise definitions of boards and lobbying; Amending Sec. 2.701 to add two-day grace
period to registration requirements
'\
The City Attorney presented Ordinance #6058~96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 116058-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey
"Nays": None.
ITEM #26 - Ord. #6061 -96 - Deleting Subsection (3) of Sec. 22.83 relating to special
events to allow special events on holiday weekends on city beaches
The City Attorney presented Ordinance #6061-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6061-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-54) - Approved as submitted
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ITEM #42 - License Agreement for vehicular oarking over a 15x90' portion of city-owned
real property, Sec. 16-29-16, M&8 22.32 to William E. & Marilyn M. Rowe, as
consideration & in exchange for their conveyance by Special Warranty Deed of a 20x75'
portion of real property, Sec. 16-29-16, M&B 22.27, with estimated documentary &
recording fees of $45 (EN)
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ITEM #38 - Lease Aareement with Bohunt. Lessor. for premises located at 1453 S.
Greenwood Ave., Space B, Clearwater, FL, for the period 07/01/96 -06/30/97, at rental of
$3,000 payable to Lessor, which is maximum sum due for all services to be rendered
during term of lease Ire South Clearwater Police Mini-Station) (PO)
ITEM #~9 - (Confd from 06/20/99) ~ontr~ct for holiday decorating services to Clark Sales
Display, Inc., for the period 12/01/96- 01/15/01, for $70,200 (PR)
ITEM #40 - Contract throuah Purchase Order for removal of Brazilian Pepper at Cooper's
Point to Stan Cisilski, Inc., St. Petersburg, FL, for $66,700 (EN)
ITEM #41 - Imolement Phase I of Utilitv Rate Studv: with Engineer of Record, Post,
Buckley, Schuh & Jernigan, for $97,526 (EN)
ITEM #43 - Non-Exclusive License Agre~ment for vehicular oarkin9 of indeterminate
duration with The Kimberly Home, Inc., Bassadena Sub., Slk D, Lots 1-3, in consideration
of maintaining the property & complying with all covenants & conditions therein, subject to
termination upon notice at any time, with estimated expenses of $350 (EN)
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ITEM #44 - Contract renewal for sludne hauling & disDosal for the WPC Division, with
Davis Water & Waste Industries, Inc., for the period 08/01/96 .07/31/97, for an estimated
$306,699 (EN)
ITEM #45 - Contract for Magnolia Drive Dock Replacement to Seaway Marine Contractors,
Inc., St. Petersburg, FL, for $119,830.62 (EN)
ITEM #46 - Contract for City Wide Fueling System located at the Solid Waste Complex to
Nichols Industries, Inc., Niceville, FL, for $144,150 (EN)
ITEM #47 - lnterlocal Ameement with Largo & St. Petersburg to provide back.up solid
waste support with staff & equipment as needed effective 10/01/96: authorize City
Manager to extend the agreement annually as appropriate (SW~
ITEM #4e - Extend contract for purchase of approximately 1,600 - 90 gallon refuse
containers & misc. spare parts from Rotonics Manufacturing, Inc., Bartow, FL, at an
estimated $111,700 (SW) ,
ITEM #49 - Receiot/Referral - ordinance for amendment to Clearwater Comprehensive Plan
related to Public Education Facility Siting Act (CP)
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07/18/96
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ITEM #50 - Utilitv Mai!1t~nance Easement - N & W side of Frontier Elementary School
(Pinellas County School Board) leA)
IT!;M #51 - Water Main Easement - Sever Park, Lot 4 (South Gate Mobile Home Park) leA)
ITEM #52 - Sanitary Sewer Easement - Oak Heights Park, Lot 12 (Smith) (eA)
ITEM #53 - letter of Understandina with FOOT re Project Development and Environment
Study fe SR60 Memorial Causeway Bridge teA)
ITEM #54 - Chamber's reQuest to aoprove road closures for the Morton Plant Hospital
Bayside Bridge Boogie to be held on 10/12/96, 4:00 a.m. to 12:00 p.m. (access roads &.
Bayside Bridge, from Drew St. to Roosevelt Blvd.)
Commissioner Clark 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
The Commission recessed from 7:49 to 8: 1 0 p.m.
ITEM 1155 - Res. #9649 - naming City property located at 801 Bayshore Blvd. as
"Cooper's Bayou Park" as recommended by the Parks & Recreation Board (PR)
,'"')
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Development of the park at 801 Bayshore Boulevard as a passive park with water
retention facilities is nearing completion. Two "Proposals for Park Name" forms were
received: 1) Daniel Grimmer recommended "Cooper's Bayou Park" and 2) Commissioner
J.B. Johnson recommended "Urschel Park."
Resolution #94-12 specifies the Parks & Recreation Board will conduct an
advertised public hearing to consider park name recommendations at a regular meeting.
On June 24, 1996, the public hearing was held and the Parks & Recreation Board
recommended the City Commission name the park "Cooper's Bayou Park. It by a 3-2 vote.
Commissioner Johnson moved to approve the Parks & Recreation Board's
recommendation to name the City park property at 801 Bayshore Boulevard "Cooper's
Bayou Park." The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #96-49 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution //96-49 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
UAyes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
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a) Grand Opening Date. The date will be scheduled at a later date.
ITEM #56 - <Gont'd from 06/20/96l Recorpm~nd denv reQuest from Clearwater Bombers
for continuation of grant program whereby the City would contribute $1 to the Bombers
for every $10 in cash or in specific in-kind services the Bombers receive as donations from
the private sector up to a maximum City contribution of $10,000 during FY 1995/96 (PR)
As outlined in Parks & Recreation Department Director Ream Wilson's May 30,
1996, memorandum, the City has contributed cash, in-kind services, and grant dollars to
the Clearwater Bombers over the past years. In his April 25, 1996, letter, Bruce
Kaufmann, Chair of the Board of the Clearwater Bombers. Inc., requested a grant payment
of $2,407 from the City in recognition of the Bombers raising $24,069 from the private
sector. Mr. Kaufmann was informed the previous 10: 1 matching grant program. approved
by the City Commission on May 18, 1995, expired at the end of FY 1994/95. The FY
1 995/96 operating budget included a $10,000 flat contribution to the 80m bers which was
conveyed on October 6, 1995. The current year's budget does not include funds for the
matching grant program. If approved, a budget amendment will be needed. Staff
recommends denial of the Bombers' request to continue the matching grant progrflm.
Referring to staff comments that the City normally does not assist sports teams,
Mr. Kaufmann said the Clearwater Bombers is the flagship of the City's sports program.
The team is making progress on their fund-raising activities. He distributed the Bombers'
1996 yearbook which he described as a tribute to Clearwater. He requested the City
) continue their support for a short time to allow the team to become self-supporting. With
.~." the assistance of the City Manager, the team is bidding for tournaments. The City does
pay for the stadium and field but not for their umpires. The City Manager noted the City
did contribute $10,000 this fiscal year to the Bombers. In answer to a question, Mr.
Kaufmann said in the past, the team qualifying for an additional $10,000 grant was based
on outside contributions. He noted this request was made in April.
Commissioner Johnson moved to deny the request from the Clearwater Bombers for
the continuation of the grant program whereby the City would contribute one dollar to the
Bombers for every ten dollars in cash or in specific in-kind services the bombers receive as
donations from the private sector up to a maximum City contribution of $10,000 during FY
1995/96. The motion was duly seconded.
Commissioner Hooper indicated he learned about Clearwater through the Bombers
and said he supports softball. He noted earlier in the meeting, the City Commission had
turned down some social service agencies' requests for causes that may be more worthy
of funding. He supported the motion "with a heavy heart. II
Mr. Kaufmann said this week's Tampa Bay Buccaneers/Clearwater Bombers charity
event will raise $20,000 Tor charity. He said the contribution will help the team advertise
Clearwater. He noted the team also raised money for a sick bay in Illinois. He said the
team is trying to promote other charities and is asking for a little help for a short period of
time. He felt it would be premature to cancel this program. The Mayor spoke positively of
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Upon the vote being taken, the motion carried unanimously.
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her introduction to the community through the Bombers. She said this is the wrong time
of year to ask for funding and noted the City Commission was unable to find money to
support the symphony. Commissioner See I agreed. She recommended the team make
their request at budget time. She pointed out the City maintains the stadium.
ITEM #57 - Contract for landmark Drive Extension to MTM Contractors. Inc., St.
Petersburg, FL, for $1,056,130.80 (EN)
This project extends landmark Drive South of Enterprise Road to Marlo Boulevard.
The roadway will be a standard three-lane facility with curb at the Enterprise Road
intersection. After the extension crosses Mullet Creek, the roadway will taper to a two-
lane section without curbs. Regulatory permits require constructing storm water treatment
and wetlands mitigation areas which will be placed on City property South of Mullet Creek,
adjacent to the East landmark Drive right-af-way. No connection is being made to Saber
Drive.
When the Parks & Recreation Department establishes a location for an entry road
into Lake Chautauqua Park from the landmark Drive right-of-way, consideration will be
given to a change order to this contract to extend landmark Drive to the entrance location.
The 180 calendar day project is expected to begin on August 15, 1996.
Engineering Director Rich Baier noted acquisition of additional right-at-way from the
i Vogels will allow the City to center the Landmark Drive extension. A sidewalk will be
....J installed West of the road. A supplemental change order would be required 'to install
sidewalk on both sides. The road is designed to be an inverted crown. Neighborhood
meetings will be held regarding how to vacate the ends of Parkstream and Saber while
maintaining pedestrian access. '
The City Clerk reported ballots were sent to each property owner within the Shady
Oaks Farms Subdivision (AKA Country Villas South) to determine if the West end of Marlo
Boulevard should be connected to the landmark Drive extension. The City Clerk reported
105 ballots were sent with 90 returned and 86 counted as 4 ballots were returned after
the deadline. Resident preference was to not connect Marlo Boulevard with the extension.
The neighborhood will be balloted again six months after the extension is completed.
Commissionor Seel questioned when it would be appropriate to vacate the end of
Parkstream. The Mayor recommended not rushing into the vacation as the City may need
to change its mind.
Commissioner Clark questioned the safety of the roadway's inverted crown design.
Mr. Baier did not think safety would be a concern.
Commissioner Johnson thanked Mr. Baier for his many hours of hard work.
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The City is conducting a PD&E (Project Development and Environment) Study for
replacement of the Memorial Causeway Bridge. The project's next phase is design which
could commence within the next budget year. During the last Florida Legislative session, a
bill passed which allows FOOT (Florida Department of Transportation) to enter into
agreements for reimbursement of local funds spent on the State Highway System for
projects not funded in FOOT's 5-year Work Program. Legislation limits FOOT's total
commitment at anyone time to $50-million.
'>l' .
Commissioner Johnson moved to approve the award of the landmark Drive
Extension Contract (9604) to MTM Contractors, Inc. of St. Petersburg, FL, in the amount
of $1,056,130.80. being the lowest and most responsive bid received in accordance with
plans and specifications and that the appropriate officials be authorized to execute same.
The motfon was duly seconded and carried unanimously.
ITeM 1f58 - M~morial Causeway Bridae Design Phase - commit the City to budget a
maximum of $3 million tor design of new bridge to replace existing MCB at Clearwater
Harbor, and authorize staff to negotiate with FOOT and to prepare a draft agreement
which will allow FOOT to reimburse the City for funds expended for design & construction
of new bridge pursuant to House Bill No. 539, and authorize City Engineer to begin
negotiations with HDR Engineering, Inc. to supplement existing professional services
agreement with HDR dated 10/21/94 (EN)
Staff recommends the City take advantage of this opportunity by approving design
funds in the budget and authorizing City staff to negotiate an agreement with FDOT for
") future reimbursement. A commitment to budget monies far a least a phase of the new
'-' bridge is a prerequisite for FOOT consideration. At this point, the City only would commit
to fund the bridge's design; the exact location and type of bridge to be constructed will be
determined as a result of the ongoing PD&E Study.
Section IX of the existing agreement between the City and HDR Engineering
includes provisions that will allow the City to negotiate with the Engineer to perform final
design services. The specific scope of services, schedule, and fee shall be negotiated
when the City begins design.
Mr. Baier said most of the local interest group meetings have been held. The next
meeting is schedule for September 26, 1996, at 6:00 p.m. at a downtown location to be
announced. He said one design being considered has a round-about on Cleveland Street
which would provide downtown access to the bridge and removal of Drew Street by the
harbor. Other alignments also are being considered. He presented drawings of underside
construction possibilities, optional distances between supports, and views of the bridge.
He said nearby roadway improvements will need to occur. He noted the need to shift
traffic from Ft. Harrison Avenue to Myrtle Avenue to avoid overburdening the Ft. Harrison
Avenue IChestnut-Court Street intersections.
He stressed time is of the essence. No applications for the reimbursement bill hav~
been submitted. Submissions will be made in phases. The City's first submission will be
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Commissioner Seel expressed concern the bridge replacement project may cast
between $20-million and $40~miJ/ion and may not be worth the higher estimate. Mr. Baier
said he truly believes the bridge needs to be replaced. Staff is doing everything necessary
to obtain FOOT reimbursement or receive up-front funding. The Mayor said she was
concerned with projected costs but recommended going forward with this step.
Commissioner Johnson. noting the project is substantial, suggested the City hire someone
to lend cheerleading efforts to attracting funding. Mr. Baier agreed that may be
worthwhile as the project will act as a catalyst for downtown. Commissioner Seel
questioned if staff will have additional information regarding the probability of FOOT
reimbursement by the time negotiations with HDR are complete. Mr. Baier said that is the
case. He indicated a move is underfoot to remove the $50-million cap. The Mayor noted
FOOT reimbursement of the bridge's design would indicate a strong commitment to the
total project.
"
for $3-million. He said the City has taken the necessary steps to qualify for the State
reimbursement.
Commissioner Seel expressed concern FOOT may disapprove the funding request
and questioned when the State would replace the bridge if the City did nothing. Mr. Baier
indicated the State could delay bridge replacement for 45 to 50 years.
Commissioner Seel questioned if the State would design better plans than the City.
Mr. Baier reported the City's contract is with HDR Engineering which serves as the Statets
quality assurance company reviewing road construction plans. Commissioner Seel
questioned if the City could budget the money and negotiate reimbursement with FDOT
before beginning negotiations with HDR Engineering. The Mayor noted staff must come
back to the City Commission for contract approval. Commissioner Seel expressed
concern regarding the project's funding, noting the project has grown considerably. Mr.
Baier said if the City exhibits any lack of commitment, FOOT w~1I receive this proposal in
that light. He has worked with FOOT and reported the agency has reacted favorably to
the project. He could not estimate the City's chance for success at winning
reimbursement. The City will be the first applicant. Mr. Baier noted the City Commission
will not be required to approve the HDR contract. He said the City will be in the best
position to receive funding for the bridge's replacement if the plans are ready.
Commissioner Clark noted the preliminary range of costs to replace the bridge is
between $26-million and $37-million. Mr. Baier said those costs include roadway
improvements to Ft. Harrison Avenue and mainland corridors approaching the bridge. The
original estimate in the low $20~million range is close to the current estimate of $15-
million to $24-million. Additional costs cover architecture expenses and land design
upgrades. Commissioner Clark questioned if the bridge has the highest traffic counts of all
bascule bridges on Florida's West coast. Mr. Baier said that is the case. FDOT has not
confirmed if that is also true regarding bridges on Florida's East coast.
Commissioner Seel questioned when the project will be included in the MPO
(Metropolitan Planning Organization) plan. Commissioner Clark said the MPO is moving
forward rapidly to include it. Mr. Baier reported staff has presented the MPO with a
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ITEM #59 - First Readino Ord. #6059-96 - abolishing permitting of private hauling
companies to provide roll-off service in Clearwater; establishing Clearwater Solid Waste
Department as roll-off service provider effective 10101/96; amending schedule of fees,
rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates for
roll-off service in Clearwater (SW)
".
project overview and is working to get the project on MPO's list. He stated the project
does not have to be on the MPO list to qualify for FOOT reimbursement
Commissioner Hooper questioned the cost of a Cleveland Street approach. Mr.
Baier estimated that alignment would cost in the low- to mid-$40~million range. He
expressed concern that alignment would foster an arterial leg through downtown which
would not be congruent with the desired pedestrian atmosphere. Commissioner Seel
reserved her right to object to the project when the HDR contract comes forward.
Commissioner Clark moved to commit the City to budget a maximum of $3-mHlion
far the design of a new bridge to replace the existing Memorial Causeway Bridge and
Clearwater Harbor and authorize City staff to negotiate with FDOT and to prepare a draft
agreement which will allow FOOT to reimburse the City for funds expended for design and
construction of a new bridge pursuant to House Bill 11539 and to authorize the City
Engineer to begin negotiations with HDR Engineering, Inc. to supplement the existing
professional services agreement with HDR Engineering, Inc. dated October 21, 1994. The
motion was duly seconded and carried unanimously.
,
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Previously, Clearwater did not choose to provide roll-off service. City practice was
to accept applications and issue permits to private hauling companies authorizing them to
provide roll-off service in the City if they agreed to pay a 15% surcharge on the total
amount billed. A survey of roll-off containers indicated an average of 70 compactors and
100 open-top containers are in the City.
In January 1996, CSW (Clearwater Solid Waste Department) recommended and the
City Commission approved providing all roJl~off service in Clearwater and authorized the
purchase of two roll~off trucks. The City Commission previously had directed CSW to
operate as a business and seek customers wherever it could. CSW notified permit holding
private hauling companies that the permits expire September 30, 1996, and no new
permits wo~ld be issued.
CSW received the first two roll-off trucks. The two additional trucks and diivers
needed to service all containers are included in the FY 1996/97 budget recommendation.
An Interlocal Agreement with St. Petersburg and Largo was approved for mutual support
for solid waste operations. The agreement will be valuable for both roll-off back~up
support end debris clearance in time of emergency. The Interlocal Agreement is currently
being presented to the City Commission for approval.
The ordinance abolishes the permitting procedure for the provision of roll-off service
by private hauling companies, establishes the procedures for the provision of roll~off
service by CSW, amends Appendix A, Schedule of Fees, Rates, and Charges of the Code
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of Ordinances to establish charges for roll. off services in Clearwater and creates section
XXIX as a separate section for solid waste system rates.
Commissioner Seel noted she had requested profit and loss projections for the next
three years. Solid Waste Director Bob Brumback anticipated the program would begin
earning profits during the second year. In answer to a question, he said the int8rfund
charges in the pro-forma arB listed under pull charges. He said the City began providing
this service when they received their trucks in June 1996. The City Commission had
approved the truck purchase in January 1996.
Commissioner Johnson expressed concern this project will take business away from
private enterprise. In answer to a question, Mr. Brumback said the City could compete
with private enterprise by marketing the service. Regarding salaries, Mr. Brumback
indicated those listed are not for a whole fiscal year. The City Manager indicated the
workers would qualify for the City's full benefit package. Commissioner Johnson
questioned when the City would make a profit of $180,000 which is what the City now
receives from private enterprises who provide this service locally. Mr. Brumback said the
first year's profits will be reinvested into the program to purchase containers. He said the
program eventually will generate considerable revenue for the City. He stated Clearwater
Solid Waste is a unified utility that has to invest its assets into the program. Revenues
from the program will keep rates down. Commissioner Johnson noted talk regarding
privatization and said the more the City does. the less likely privatization will be realized.
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In answer to a question, Mr. Brumback estimated roll-off permitting revenues have
remained steady for the past two years. In response to a question, Mr. Brumback said
Largo's program is exclusive but St. Petersburg permits a few companies to continue
providing the service. Mr. Brumback did not know of other local municipalities that offer
roll.off service. Commissioner Clark said he is not comfortable reaching a decision
regarding this issue until he receives additional information. The City Manager requested
the City Commission advise staff regarding additional questions.
Commissioner Clark moved to continue Item #59 to August 1, 1996. The motion
was duly seconded and carried unanimously.
ITEM #60 - Contract for Stevenson's Creek Channel Improvements - Phase II to Kamminga
& Roodvoets, Inc., Tampa, FL. for $3,780.610 (EN)
This project is Phase II of improvements to Stevenson's Creek to provide
stormwater flow enhancements from the southerly termination of Phase I improvements at
Pierce Street to the Jeffords Street and Hillcrest Avenue intersection. Project designers,
COM (Camp, Dresser and McKee. Inc.), have worked with area residents, the Chi Chi
Rodriguez Youth Foundation for Glen Oaks Golf Course. and regulatory agencies to provide
an environmentally acceptable project that enhances stormwater flow and reduces area
flooding problems.
New culvert roadway crossings will be constructed at Hillcrest Avenue and Pierce,
Franklin, and Jeffords Streets. Additional culverts will be installed at Court Street and
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Commissioner Clark moved to award a contract for the Stevenson's Creek Channel
Improvements ~ Phase II (95.9) to Kamminga & Roodvoets. Inc., of Tampa, FL, for
$3,780,610 which is the lowest responsive bid received in accordance with the plans and
specifications, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
>".....,
Druid Road. Settlement material will be removed ,from Lynn lake. Gabion systems will be
installed on either creek bank from Lynn lake to the new settlement area on Jeffords
street. Two settlement removal/creek access areas are on City property purchased for this
purpose~ 1) north side of Jeffords Street West of Hillcrest Avenue and 2) the southeast
corner of the creek and Oruid Road.
As required by regulatory permits, the project will be constructed in mini.phases: 1}
Pierce Street to Franklin Street; 2) Franklin Street to Court Street; 3) Court Street to Druid
Road; 4) Druid Road to Jeffords Street; and 5) Jeffords Street to the Hillcrest Avenue
intersection. The 375 day project will start about August 1, 1996.
Using a map, Mr. Baier reviewed the project. He indicated the City needs some
easements to place gabions. Culverts do not need to be larger downstream because of the
channel's slope and water friction. The project will result in a decrease in flooding from
25.year storms and the City will be able to approach FEMA to lower insurance rates for
the flood prone areas. The project is considered "soft" and will allow some water storage.
The project is estimated to cost a little more than $4-million. The Mayor said the project
is very necessary for the neighborhoods. Commissioner Hooper questioned the condition
of the creek North of these improvements. Mr. Baier said the project is part of the pond
connection program where weirs have been installed at certain locations to hold back
water to an acceptable rate. All work has been completed at Clearwater Country Club.
ITEM #61 ~ Professional Services AQreement with Camo Dresser & McKee. Inc., for review
of Shop Drawing Submittals for Stevenson's Creek Channel Improvement Contract, for
$35,000 (EN)
The proposed Professional Services Agreement with CDM (Camp, Dress & McKee,
Inc.) is to provide Shop Drawing Review for proposed structural improvements for the
Stevenson's Creek Channel Improvement Contract. In agenda item #62, PBS&J (Post,
Buckley, Schuh and Jernigan, Inc.) is proposed for Construction Contract Management of
the project. PBS&J has requested that COM, the original engineer of record, be the
reviewer of shop drawings for maior structural elements to be constructed as part of
overall Stevenson's Creek improvements. Major structural improvements are major
roadway culverts, culvert additions at Druid Road. and Pierce, Franklin and Court Streets,
associated appurtenances, and gabion structures along Jeffords Street. Contract
documents call for concrete culvert fabricators to design the principal structural elements
of each culvert. COM will review the shop drawings to ensure the culvert installations
meet structural and regulatory requirements called for in the original design. This work will
be coordinated with the City and PBS&J on an hourly basis with costs not to exceed
$35,000.
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PBS&J will provide: 1) Construction Observation for quality control and regulatory
compliances; 2) traffic controls systems observation: 3} coordi'1ation of citizen inquiry and
involvement; 4) field engineering changes as necessary; 5) materials testing; 6)
construction records; 7) payment measurements and processing; 8) record drawings; and
91 compliance certifications required by permit agencies. Engineering Services Division
Survey Crews will perform surveying layout and as-built records data acquisition.
"
Commissioner Hooper moved to approve Professional Services Agreement with
Camp, Dresser & McKee, Inc. for Review of Shop Drawing Submittals for the Stevenson's
Creek Channel Improvement Contract in the amount of $35,000, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #62 - Authorize continuing Consultant Service& Work Order to Post, Buckley, Schuh
& Jernigan, Inc., for Construction Contract Management of Stevenson's Creek Channel
Improvement Contract, for $327,003 (EN)
The proposed Work Order Approval provides that PBS&J (Post, Buckley, Schuh and
Jernigan, Inc.) provides full-time Construction Contract Management for the proposed
Phase II of stormwater flow enhancements along Stevenson's Creek from the southerly
termination of Phase I improvements at Pierce Street to the Jeffords Street and Hillcrest
Avenue intersection.
As required by regulatory permits, the project will be constructed in mini-phases: 1)
Pierce Street to Franklin Street; 2} Franklin Street to Court Street;' 3) Court Street to Druid
Road; 4) Druid Road to Jeffords Street; and 5} Jeffords Street to the Hillcrest Avenue
intersection. The 375 day project will start about August 1, 1996.
Commissioner Johnson moved to authorize continuing Consultant Services Work
Order to Post, Buckley, Schuh and Jernigan. Inc. for Construction Contract Management of
the Stevenson's Creek Channel Improvement Contract in the amount of $327.003 and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
ITEM #63 ~ Approve amendments to Sec. 21.11 of Code related to disorderly conduct and
loitering; First Reading Ord. #6060-96 - Repealing Sec. 21.11 Ie), to prohibit the
obstruction of public places (PO)
Section 316,,2045, Florida Statutes (1995), prohibits persons from obstructing
public streets, highways, and roads, but does not prohibit a person from obstructing other
public places such as sidewalks. Police officers have prevented individuals from
obstructing sidewalks by citing individuals under Section 21.11, Code of Ordinances,
which prohibits anyone from standing on a City street. hindering or unreasonably
obstructing the free passage of pedestrians or vehicles. Recently, a person who had been
issued a citation by Clearwater Police for congregating with a crowd on a sidewalk next to
Mandalay Avenue was found not guilty by a county court judge. The officer had observed
pedestrians walking in the street to pass this person after the person previously had been
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ttNays"; None.
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warned not to obstruct the sidewalk. The judge reasoned the defendant did not obstruct
unreasonably the free passage of pedestrians because they were able to walk around the
defendant.
The amendments are intended to prevent a county court judge from interpreting the
City's ordinance in such a manner again and will strengthen the ordinance against an
attack by someone challenging the ordinance on First Amendment grounds to assemble
freely in a public place.
Commissioner Johnson moved to approve amendments to Section 21 .11, Code of
Ordinances, relating to disorderly conduct and loitering. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6060-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6060-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
ITEM #64 - Penny for Pinellas Proiect.!Jg
In Spring 1997, County voters wIll be asked to approve an extension of the "Penny
; .-) for PineJlaslt optional infrastructure sales tax for a second 10-year period from 2000 to
-.~.. 2010. According to Pinellas County estimates, the City will receive approximately
$101 . 15-million of proceeds over the 10-year period. Recommended projects reflect the
City's needs. Projects total $96.9-million leaving an unallocated reserve of $4.25-million:
1) addition/improvement Fire Training Facility & Upgrade Fire Training Tower - $544,500;
2) extension & repaving fire training ground track - $100,000; 3) Memorial Causeway
Bridge replacement - $13-million; 4) Myrtle/Ft. Harrison Avenues widening - $225,000; 5)
Druid Road widening - $12-million ; 6) traffic signal mast arm installations - $2-million; 7'
intersection improvements - $1.4-miJIion; 8' pedestrian bridges - $400,000; 9} variable
traffic message boards - $200,000; 10} Mandalay Avenue streetscape project - $750,000;
11) Gulfview Boulevard streetscape project - $l-million; 12) Baymont Street streetscape
project - $200,000; 13) Papaya Street pedestrian mall project - $250,000; 14) land
purchase - Magnolia Falls property - $500,000; 15) North Greenwood recreation complex -
$2-million; 16} North Greenwood recreation complex pool - $l-million; 17) Ross Norton
recreation complex - $2-million; 1 B' Salls Lake Park - $300,000; 19) Moccasin lake
Nature Park - $200,000; 20) Morningside recreation complex - $2-million; 21) Cliff
Stephens Park - $220,000; 22) Forest Run Park restroom facilities - $100,000; 23}
Marshall Street Park - $100,000; 24} Woodgate Park improvements - $150,000; 25} SR
60 corridor beautification project - $250,000; 26) recreation trails - $1.5-million; 27)
athletic practice field - $300,000; 2B) McKay Playfield renovations - $150,000; 29) Lake
Chautauqua Park North - $400,000; 30) lake Chautauqua Park South - $180,000; 31}
renovation of existing recreation centers - $500.000; 32) North Clearwater nature park -
$300,000; 33) infrastructure facility for Parks & Recreation facilities & nursery - $2.5-
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A resolution regarding this issue will be addressed on August 1, 1996.
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million; 34) Main Library - $12-million; 35) library branch expansion - $ 1. 5-million; 36)
North Greenwood Branch Library - $800.000: 37) new fishing/public access piers -
$580,500; 38) City-wide geographic information system - $1.5-million; 39) Memorial
Causeway Civic Center - $7.3-million; 40) Kapok recreation & stormwater retention area -
$11-million; 41) stream channel protection - $4-million; 42) downtown storm outfall pipe w
$1.5-million; 43) Harbor Bluff waterfront park - $2-million; 44) economic redevelopment &
. environmental assessment & abatement - $5-milllon; 45) long Center - $1-million; and 46)
Ruth Eckerd Hall - $2wmillion.
Commissioner Johnson questioned if this would end discussion of Penny for Pinellas
projects. The City Manager said these projects are reviewed every year with the CIP
(Capital Improvement Plan). This list will be submitted to the County. Commissioner Clark
questioned if many communities had made plans for the process to educate the electorate
regarding the tax's importance. The City Manager said during preliminary meetings, there
were many discussions regarding a cooperative effort. She did not know if anything has
resulted from these discussions.
Commissioner Hooper moved to approve the Penny for ?inellas 1 % optional
infrastructure sales tax project list. The motion was duly seconded and carried
unanimously.
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ITEM #65 - Res. #96-50 - delegating authority to the City Manager for approval of grant
applications (eM)
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In some instances. the City applies for grants that require the applicanf s governing
body to officially approve the applications. The time between the grant announcement and
submission deadline is often so short as to preclude any official City Commission action.
To better take advantage of grant opportunities, staff recommends the City Commission
delegate authority to the City Manager to approve grant applications.
If approved, this procedure will complement established grant management
procedures published in the City's Grant System Procedures Manual, June 1992, which
established in-house requirements and controls over grant applications and grant fund
processing. Requirements, which correspond with requirements delineated in grant
guidelines from various funding agencies, cover payment processing, fixed asset
accounting, local match budgeting, and audits.
Commissioner Johnson moved to delegate authority to the City Manager for
approval of applications for grants. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution 1196.50 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-50 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
'--../
mcc07.96
26
07/18/96
.'\
,
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
~'c'. ~ +. .
. "
"Nays": None.
ITEM #66 - Community Relalions Board - 1 acpointment (eLK)
Commissioner Hooper moved to appoint Thomas W. Fry. The motion was duly
seconded and carried unanimously.
ITEM #67 - Marine Advisory Board - 2 aocointments (eLK) .
Commissioner Johnson moved to reappoint Donald McFarland. The motion was
duly seconded and carried unanimously.
Commissioner Johnson moved to appoint David Smith. The motion was duly
seconded and carried unanimously.
ITEM #68 - Parks and Recreation Board - 1 8cpointment (eLK)
Commissioner Hooper moved to reappoint Donald Harris. The motion was duly
seconded and carried unanimously.
ITEM #69 - Other Pending Matters - None.
..."........
~-'"')
CITY ATTORNEY REPORTS
ITEM #70 - Resolutions,
a) Res. #96-47 - Abatement Lien - 630 Drew St., Jones' Sub. of Nicholson's, Blk 7, Lots
1-3 and part of vacant alley (Schoeller I Daniel)
The City Attorney pulled this item from the agenda.
ITEM #71 - Other City Attorney Items - None.
ITEM #72 - Cit'i Manager Verbal Reports
Commissioners Johnson, Seel and Hooper indicated they were interested in
attending this year's National league of Cities conference. Reservations will be made for
three Commissioners and a staff member.
ITEM #73 - Other Commission Action
Commissioner HooDer commended Deputy City Manager Kathy Rice for receiving
the Picot B. Floyd Public Service Leadership Award.
\
'0
mcc07.96
27
07/18/96
"
.qm'11':~h. ...\...
, '
. , .c ~ .~ :;. " ,,' '/.
. .; '>t~.Ii:
, -~\ Commissioner Hoooer referred to beach streetscape plans and hoped they would be
i constructed soan. '
Commissioner Hooner regretted no clergy member was present tonight to offer the
invocation. He hoped people remembered those who perished in the crash of TWA Flight
800 and their families. Commissioner Johnson felt City Commissioners can lead the
prayer. The Mayor indicated some are uncomfortable doing that. Commissioner Clark said
he would be willing to offer the invocation in the future.
Commissioner Clark thanked Bill Stephan for his service as Chair of the Marine
Advisory Board.
Commissioner Clark said he voted reluctantly for the Penny for Pinellas projects. He
challenged Ruth Eckerd Hall to make their facility more accessible to a larger segment of
the community.
ITEM #74 - Adiournment
The meeting adjourned at 9:40 p.m.
~~
......
ATTEST: rl.~#~ ~. ~_ n '''-
~ Clerk
\...)
mcc07.96
28
07/18/96
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17 .If-j .90
EXHIBIT B
AGENCY PROGRAM RECOMMENDED FUNDING
Pinellas County Head Start Provides educatian, health $ 7,000
services, nutrition, social
services, mental health,
parent involvement, and
other services to 3 and 4
year old children and their
families/salary for a floating
substitute teacher.
Pinellas Opportunity Count, Provides a range of services $ 2,500
Inc. (Youth Development to assist the poor and
Program) elderly/Salaries of 2 low-
income college students for
a period of 6 weeks: 130
hours/week at $6.50/hour
plus fringes).
Homeless Emergency Provides shelter for $ 6,900
Project, Inc. hameless citizens and
support services such as
caunseling, assessment,
educational opportunities,
tutoring. and dental
care/Payment of utility costs
for shelter operations.
Quality Child Care, Inc. Provides child care to $ 6,000
children of low income
parents who are enrolled at
SPJC Clearwater campus (ar
who live in the neighbor~
hood)/4% of cost of USDA
approved hot lunch program.
Religious Community Provides housing and other $ 8,000
Services, Inc. (The Haven, assistance for victims of
formerly known as domestic violence for up to
Transitional Living) 24 mos. after leaving a
spouse abuse shelter/
Matching funds for federal
money and utilities costs.
Community Service Provides assistance to $ 5,000
Foundation families to find and maintain
affordable homes/Loans to
clients to pay for utility
deposits.
1....;1
;f " , ,f. .... . ,.... '
. . . ,A . ~
.t-:(r;:'; .-,; < .
> .' ~ '.,
r)
",
AGENCY
Coordinated Child Care of
Pinel/as, Inc.
Creativity in Child Care, Inc.
(R'Club)
,I
Tampa Bay Harvest
(':)
v
. .\
. . ~,
EXHIBIT B (CONT'D)
PROGRAM
Serves Pinellas County as
central agency for subsidized
child care/local match for
drawing down federalIst ate
dollars at a ratio of $11.50
to $1.00.
Provides affordable quality
child care to school age
childrenl Contractual
services at Paul B. Stephens,
Sandy Lane, King's Highway
and Eisenhower Centers to
deliver computerized
academic and enrichment
curricula.
Provides volunteers and
transportation to deliver food
from donor sources to
feeding programs/Defray
\ $35,000 salary costs for
loaned executive director.
I
1f.18.cr~
RECOMMENDED FUNDING
$ 7,000
$ 9,600
$10,000
\