06/19/1997 (2)
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COMMISSION
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City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 19, 1997 ~ 6:00 P.M. - Commission Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Ruth Eckerd Hall - State of the Hall
b) Intra & Awards Clearwater Leadership
Graduation
6. Approval of Minutes - Regular Meeting
, 6/5/97 '
1. Rev. Otis Green, Everybody's Tabernacle.
2. Mayor.
3. 3 awards presented.
4. Proclamation:
National Recreation & Parks Month - July
1997
5. a) Report given.
b) Awards given to 12 member class.
6. Approved as submitted.
7. Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord. #6160-
97 - Vacating 30' r-o-w of Adams Avenue
(formerly known as Betty Lane), from south r-
o-w line of Jeffords Street south 300', lying
.Go, east of Lots 22":26, Oakland Heights, a re-
~r'!I subdivision of Lot 10 of F. E. Hanousek's
Sub., along with east 10' of said lots as
dedicated to the City as r-o-w, subject to
retaining the r-o-w full-width as a drainage
and utilities easement (Hilleboe, V97-03)(EN)
9. Public Hearing & First Reading Ord. #6148-
97 - Vacating 10' utility easement lying along
south side of Lot 7, Turtle Brooke Sub., less
westerly 16' (lsel, V97-05)(EN)
10. Public Hearing & First Reading Ord. #6159-
97 - Vacating portion of 10' drainage & utility
easement lying along north side of Lot 510,
Morningside Estates Sub., Unit 68 (Balk,
V97-07)(EN)
11. Public Hearing & First Reading Ords. #6150-
97 & #6151 ~97 - Annexation & RS-B Zoning
for property located at 3127 John's Parkway,
John's Parkway Sub., Lot 5 (Louis & Marian
Ange, A97-05)(CP)
06/19/97
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8. Approved. Ord. #6160-97 passed 1 st
reading.
9. Approved. Ord. #6148-97 passed 1st
reading.
10. Approved. Ord. #6159-97 passed 1 st
reading.
11. Approved. Ords. #6150-97 & #6151-97
passed 1 st reading.
1
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~ 2. Public Hearing & First Reading Ords. #6152-
,.~, 97 & #6153-97 - Annexation & CI Zoning for
property located at 1309-1315 Springdale
St., Pine Ridge Sub., Blk 0, Lots 6 & 7
(Nicholas, Christopher, Steven & Bill
Koulouvaris, A97-06HCP)
13. Public Hearing - approve transfer of
$ 1,000,000 of Penny for Pinellas tax from
Drew Street Widening project to the
Memorial Causeway Bridge project (CM)
14. (Cont. from 5/15 & 6/5/97 ) Public Hearing -
land Use Plan Amendment to Commercial
Neighborhood & CPO Zoning for property
located on N side of SR590, approx. 700' W
of McMullen Booth Rd., Sail's Lake Park, Unit
B, Tract B (Terepka, LUP97-02, 297-03)
15. Public Hearing & First Reading Ords. #6154-
97 & #6155-97 - Land Use Plan Amendment
to Residential/Office General & OL Zoning for
property located at 1005 Howard Ave.,
Belmont Sub., 2nd Add., Blk F, Lots 5-8, less
S 10' thereof (Young's Funeral Home I
Robert C. Young, lUP97-03, Z97-04)
. 16. Public Hearing & First Reading Ords. #6157-
.,~ 97 & #6158~97 - land Use Plan Amendment
";(~ to Residential Medium & RM-12 Zoning for
property located at 1112-1114 Engman St.,
1) Greenwood Park #2, Blk D, E 20' of lot
39 & all Lot 40; and 2) Greenwood Park #2,
Blk 0, W 20' of Lot 39 (Clearwater
Neighborhood Housing Services, Inc. &
Charles Rutledge, TRE, LUP97-05, Z97-05)
17. Public Hearing ~ Land Use Plan Amendment
to Residential Medium & Preservation for
property located at 2600-2636 West Grand
Reserve Circle & 2701-2718 East Grand
Reserve Circle, Storz Ophthalmics, Inc., Park
Place, Lots 2 & 3 (The Grand Reserve at Park
Place Limited Partnership, LUP97-04)(CPI -
To be Continued to 7/17/9
1 8. (Cant. from 6/5197) Variance(s) to Sign
Regulations for property (Eckard Drugs)
located at 505 S. Belcher Rd., Sec. 18-29-
16, M&B 32.05 (Ellis & Co., Ltd., SV97-04)
06/19/97 .
1 2. Approved. Ords. #61 52-97 & #61 53-97
passed 1 st reading.
13. Approved.
14. Approved with the condition that exhaust
fans be directed away from surrounding
residential areas.
15. Approved. Ords. #6154-97 & #6155-97
passed 1 st reading.
16. Approved. Ords. #6157-97 & #6158-97
passed 1 st reading.
17. Continued to 7/17/97.
18. Denied variance of 1 attached sign to allow 6
attached signs; approved area variance of
63.9 sQ.ft. for attached signs to allow 127.9
sq.ft., and a variance of 2 wall signs to allow
5 wall signs.
2
",19. Variance(s) to Sign Regulations for property
"I located at 2601 Enterprise Rd., Sec. 32~28-
16, M&B 22.05 (Florida Power Corp. /
Cypress Point Shopping Center, SV97-06)
19. Approved area variance for a freestanding
sign of 84.3 sq.ft. to allow a sign area of
132.3 sq. ft. and structure area of 156.3
sq. ft.
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Public Hearing ~ Second Reading Ordinances
20. Ord. #6145-97 - amending Sec. 47.083 20. Ord. #6145-97 adopted.
relating to fees and issuance of permits,
including certain temporary permits by
facsimile
21. Ord. #6146-97 - amending Appendix A 21. Ord. #6146-97 adopted.
Schedule of Fees, Rates and Charges relating
to Sec. 47.083(4)
22. Ord. #6147-97 - Vacating 3' drainage 22. Ord. #6147-97 adopted.
easement lying along west side of Lot 40 and
City's request to vacate 3' drainage
easement lying along east side of Lot 39,
Brentwood Estates, less southerly 10'
(Chandler, V97-04)
CITY MANAGER REPORTS
(:,CONSENT AGENDA (Items #23-30) - Approved as submitted less #27.
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.
23. Aooroval of Purchases oer 6/5/97 memorandum:
Publishing Hardware & Software, Ikon Office Solutions, $28,126; funding to be provided under
city's master lease/purchase agreement (1M)
Network Equipment & Software for Enterprise Network, Phase II, BCD Computer Distributors,
Inc., $127,345.83; funding to be provided under city's master lease/purchase agreement
($89,521.38Hcash $37,824.45)(IMI
39 desktop computers, Dell Computer C~rp., $96,993; funding to be provided under city's
master lease/purchase agreement (1M)
Lawn & Landscape Maintenance of parks, medians & common areas of N & S Clearwater and
Countryside, Lawn and Landscape Service, 7/1/97-6/30/98, est. $54,210 (PR)
8 Hustler Lawn Maintenance Tractors (replacements), Hustler Equipment of Florida, $83,355;
funding to be provided under city's master lease/purchase agreement ($56A59)(cash
$26,355)(GS)
Three 1997 Ford F-350 one ton trucks with utility body (two replacements, one new),
Heintzelman's Truck Center, $69,198; funding to be provided under city's master lease/purchase
agreement and $25,066 cash (GS)
06/19/97
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31. Approved agreement. Res. #97-41 adopted.
One 1997 Ford F-800 cob and chassis with 12' flat dump body (replacementl, Atlantic Ford
Truck Sales, $41,310; funding to be provided under city's master lease/purchase agreement (GS)
24. Purchase two 1997 Ford Taurus sedans, Don Reid Ford, Inc., $31,840; authorize lease purchase
, under city's master leaselpurchase agreement (CRT)
25. Approve CGS's continued participation with Florida Municipal Natural Gas Association (FMNGA)
in joint municipal representation of Federal and State regulatory and legislative issues and to pay
related annual FMNGA dues and shared expenses, 6/20/97-6/30/98, est. $60,000 (GAS)
26. Contract to renovate & expand Greenwood Panthers building at Phillip Jones Park, Oakhurst
Construction Co., Inc., $55,936.21; approve subsequent CO deduction of $8,700, and approve
transfer of $15,000 at 3rd Quarter from savings in other CIP's (PR)
27. Contract to purchase unimproved real property, (Joseph W. McGoldrick) Sec. 17-29-15,
containing 5.49 acres, m.o.I., together with improved real property commonly known as 325
David Avenue, for $386,000 and pay related transactions costs including real estate appraisal,
environmental audit, boundary survey, recording fees and demolition expenses, all maximally est.
at $8,225, for est. total $394,225 (EN) - APPROVED.
28. Contract for non-legal collective borgaining representative services during upcoming negotiations
with City's 4 unions to Cynthia Clark Sontag, at an amount not to exceed $55,000 (eM)
29. 10', drainage & utility easement - Sec. 12-29-15 (Frontier Lighting)(CA)
30. Appoint Mayor Garvey as voting delegate for Florida League of Cities' Annual Conference -
August 21-23, 1 997
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OTHER ITEMS ON CITY MANAGER REPORT
, .. 31. Res. #97-41 - authorizing execution of a
,~ Joint Project Agreement with FOOT for
" design, row acquisition and construction of
Memorial Causeway East Bridge replacement
(EN)
32. Res. #97-35 - Officially changing name of
that portion of Bayview Avenue, lying south
of Gulf to Bay Blvd. And within city limits to
'laid Bayview Avenue" (EN)
33. Island Estates Reclaimed Water System
Contract No. 2 - Pumping Stations & Storage
Tank, Wharton Smith, Inc., $2,412,000 (ENI
34. Work Order for providing construction
services & quality control testing for Beach
Reclaimed Water Main & Island Estates
Reclaimed Water System, McKim & Creed,
$80,000 (EN)
35. Mid Year Budget Review (eM)
a) First Reading Ord. #6163-97 - Amending
Operating Budget for Fiscal Year ending
9/30/97
b) First Reading Ord. #6164-97 ~ Amending
Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/97
'06/19/97
32. Denied.
33. Approved.
34. Approved.
35. Approved.
a) Ord. #6163-97 passed 1 st reading.
b) Ord. #6164-97 passed 1 st reading.
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psi6. Res. #97-39 - designating & authorizing city 36. Approved. Res. #97-39 adopted.
. '1;... officials who can sign city checks, notify
appropriate financial institutions of same (FN)
37. Other Pending Matters 37. None.
CITY ATTORNEY REPORTS
38. Resolutions
a) Res. #97~40 - Demolition Lien - 1403 Roosevelt Ave., Carter, Honaker & Bare's Lincoln Place
Addition to Clearwater, Blk 4, Lots 10& 11 (Mary L. Rhodes) - Adopted.
39. Other City Attorney Items - Attorney/Client Session re Patrick Media vs. City scheduled 7117/97
at 4:00 p.m.
40. City Manager Verbal Reports
Acting City Manager distributed info re 6/26/97 public meeting re Allen's Creek
Acting City Manager to provide list of Parks & Recreation approved & sponsored events which
qualify for alcohol beverage sales
41.
Other Commission Action
f:>
Commission upheld appeal of ORB decision re 651 Court Street with condition: applicant to
return to Commission if Exhibit A cannot be constructed.
Clark expressed concern re process used to hire Dr. Moore. Consensus to proceed with beach
study.
Clark reported Corps of Engineers to bid beach renourishment project with completion by 09/98.
He recommended a resolution highlight project's urgency.
Clark reported proposed PST A budget includes no service decrease or millage increase. He
expressed concerns re unmet mass transportation needs for major ~eague baseball.
HooDer questioned progress re establishment of conservation easement at Boy Scout Camp
Soule. City Attorney to meet with representatives.
HOODer thanked MPO for approving resolution re pedestrian activated crossings on Pinellas Trail
through Clearwater. Staff recommended limiting activated crossings to Chestnut Street.
Hoooer recommended exception to rule and name change of Marshall Street Park to Cherry Harris
Park. Issue to be agendaed.
Clark opposed suggestions to change Condon Gardens' name as Maurice Condon was a moving
force in the community.
06/19/97
5
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Seet compli'mented' Mr~ Shuford and Mr. Baier for extra work this w~ek and thanked Ms. Rice for
, serving as Acting City Manager. .
'.' Seel questioned progress on Magn~lia Street Dock. Project has'been rebid.
.' GarVBv' reported American Cancer Society request to support legislation allowing local
gover,nments control of indoor air standards. Clerk to check status of bill that failed last session.
42.' Adjournment ,. 9:49 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 19, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Kathy S. Rice
Bob Keller
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
patricia O. Sullivan
Mayor /Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Interim City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Otis Green of Everybody's Tabernacle. The Mayor led the Pledge
of Allegiance.
To provide continuity for research, Items are in agenda order although not necessarily
discussed in that order.
l;) ITEM #3 - Service Awards
Three service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamations:
National Recreation and Parks Month - July 1997
ITEM #5 - Presentations
a} Ruth Eckerd Hall - State of the Hall
Ruth Eckerd Hall Executive Director Nancy Skinner thanked the City Commission for
budgeting funds for Ruth Ecke,d Hall from the extended Penny for Pinellas tax. She said
last year was transitional and the organization experienced a slump in ticket sales and a
deficit. This season has rebounded dramatically. The hall serves traditional and future
audiences at affordable rates. The outreach, educational, and school programs are
successful. Ruth Eckerd HaJJ provides preferred rental rates to the City and other non-
profit organizations. Ms. Skinner offered to make the Great Room available for strategic
planning sessions. She expressed her appreciation for being asked to serve on the Events
and Venues Task Force. The new season will be announced in August. Ms. Skinner's
presentation regarding back stage action was recommended for large groups.
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mcc06b97
1
06/19/97
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i~ b) Introduction & Awards Clearwater Leadership Graduation
Interim City Manager Kathy Rice indicated a group of employees had approached
the administration with a solution to promote leadership with diversity. More than 80 staff
members applied for the first 12-member Clearwater Leadership program. Members
developed a community project, and attended 8 hours of classes and performed 8 hours of
volunteer work every month for a year, working in most City departments. Plaques
congratulating tomorrow's leaders were awarded to graduates of the Clearwater
Leadership Program: Patrick Adamson; Randall Bacher; Miles Ballogg; Vincent Booker;
Karen Dombrowski; William Farias; Freddie Hinson; Varghese Jolly; Lynda Neal; Jan
Nickors; Sharilla Pittman; and Nicholas Rivera-Ruiz. Graduate Freddie Hinson was 3bsent.
ITEM #6 - Aooroval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of June
5, 1997, 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 Aoenda ~ None.
PUBLIC HEARINGS
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ITEM 1/8 - Public Hearing & First Reading Ord. #6160-97 - Vacating 30' r-o-w of Adams
Avenue (formerly known as Betty Lane), from south r~o-w line of Jeffords Street south
300', lying east of Lots 22~26, Oakland Heights, a re-subdivision of Lot 10 of F. E.
Hanousek's Sub., along with east 10' of said lots as dedicated to the City as r-o-w,
subject to retaining the r-o-w full-width as a drainage and utilities easement (Hilleboe, V97~
03HEN)
The applicant is requesting to vacate the 40.foot right-of-way of Adams Avenue
from the South right-of-way of Jeffords Street 300 feet south and lying East of Lots 22
through 26, Oakland Heights. The applicant proposes to use this portion of right-of-way to
construct additional parking for his apartment complex.
The original item went for first reading as Ordinance #6144-97 and passed but
needed to be re-advertised to clarify the legal description. A new ordinance number was
assigned and the item was rescheduled for a new public hearing.
Of the 40-feet of right-of~way requested for vacation, 30-feet was platted and 10-
feet was deeded to the City as right~of-way in 1971. The vacation will enhance the City's
tax base. The right-of-way is not paved or used for vehicular traffic. Both ends of the
right~of-way have been posted advertising the portion to be vacated.
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The City's 6-inch water and 2winch gas main are located within the portion of right-
of~way to be vacated. Depending on the parking Jot's final design and appurtenant
drainage facilities, the water and gas mains may have to be relocated. This can be
handled as a condition of the building permit approvill and will be done at owner's
mcc06b97
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06/1 9/97
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expense. Ordinance #6160-97, vacating the right-of~wav, includes language that the City
will retain the right-of-way full~width as a drainage and utilities easement.
Public utilities have no objections. Various City departments/divisions concerned
with easement vacation requests have reviewed the petition and have no objections.
Engineering Services has no objections provided the right-of~way is retained full width as a
drainage and utility easement and the applicant pays all costs to relocate the water and
gas mains, if required. The City Engineer reviewed staff comments and recommends
approval.
Commissioner Hooper moved to approve the applicant's request to vacate the 30-
foot right~of~way of Adams Avenue, formerly know as Betty Lane, lying East of Lots 22
through 26, Oakland Heights, along with the East 10-feet of said lots as deeded to City as
right-of~way and recorded in Official Record 3577, Page 549, subject to retaining the
rights-of-way full-width as drainage and utilities easements. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6160-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6160-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
':,
"Nays": None.
ITEM #9 ~ Public Hearina & First Readina Ord. #6148-97 - Vacating 10' utility easement
lying along south side of Lot 7, Turtle Brooke Sub., less westerly 16' Use/' V97-05)(EN)
The applicant is requesting to vacate the 10-foot utility easement lying along the
south side of Lot 7. Turtle Brooke Subdivision, less the Westerly 1 6 feet. The applicant
proposes to construct decorative concrete planters and extensive landscaping that would
encroach into and restrict any future use of the easement. The City has no utilities within
the easement to be vacated. Public utilities have no objections. Various City departmentsl
divisions concerned with easement vacation requests have reviewed the petition and have
no objections. The City Engineer reviewed staff comments and recommends approval.
Commissioner Seel moved to approve the applicant's request to vacate the 10-foot
utility easement lying along the south side of Lot 7, Turtle Brooke Subdivision, less the
Westerly 16-feet. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6148-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6148-97 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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ITEM #10 - Public Hearina & First Readina Ord. #6159-97 - Vacating portion of 10'
drainage & utility easement lying along north side of Lot 510, Morningside Estates Sub.,
Unit 66 (Balk, V97-07){EN)
The applicant is requesting to vacate a portion of the 10-foot drainage & utility
easement lying along the North side of Lot 510, Morningside Estates Subdivision, Unit 68.
The applicant is proposing to construct a pool deck that would encroach 6-feet into the
easement. The City has no utilities within the easement to be vacated. Public utilities
have no objections. Various City departments/divisions concerned with easement vacation
requests have reviewed the petition and have no objections. The City Engineer reviewed
staff comments and recommends approval.
Commissioner Hooper moved to approve the applicant's request to vacate a'portion
of the 1 O~foot drainage & utility easement lying along the North side of Lot 510,
Morningside Estates Subdivision, Unit 6B. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6159-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6159-97 on first reading. 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 & First Readina Ords. #6150-97 & #61 51 -97 - Annexation &
RS-8 Zoning tor property located at 3127 John's Parkway, John's Parkway Sub., Lot 5
(Louis & Marian Ange, A97-05HCP)
The applicant has requested annexation and zoning of Single-Family Residential
nEight" for 3127 John's Parkway to obtain sewer service. The Engineering Department
recommends annexing the adjoining right-ot-way of John's Parkway along with this
request. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the
request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" (RS-B) for Lot 5 John's Parkway
Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6150-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6150-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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., The City Attorney presented Ordinance 1/6151-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6151-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #12 ~ Public Hearina & First Readina Ords. #6152-97 & #6153-97 - Annexation & CI
Zoning for property located at 1309-1315 Springdale St., Pine Ridge Sub., Blk D, Lots 6 &
7 (Nicholas, Christopher, Steven & Bill Koulouvarls, A97-06)(CP)
The applicants have requested annexation and zoning of Infill Commercial (CI) for
1309 through 131 5 Springdale Street to bring all their area properties into the City. They
own adjoining Lots 12 & 13 on the South which already are in the City. On June 3, 1997,
the Planning & Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Infill Commercial (en for Lots 6 and 7 Pine Ridge Subdivision, Block
D. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance #6152-97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6152-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6153-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6153-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey.
"Nays": None.
ITEM #13 - Public Hearing ~ aoorove transfer of $1.000.000 of Penny for Pinellas tax from
Drew Street Widening oroiect to the Memorial Causewav Bridge oroiect (eM)
On March 6, 1997, the City Commission adopted Ordinance #6137-97 which
established the requirement for a special public hearing regarding any funding change in a
Penny for Pinellas project totaling $500,000 or more. The FY (fiscal year) 1996/97 Mid-
Year Budget Review includes a budget amendment transferring $1-million of Penny for
Pinellas (infrastructure) taxes from the Drew Street widening project, where the funds no
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The item was continued from the June 5, 1997, City Commission meeting as the
applicant was not present and had requested a continuance to June 19, 1997. At that
meeting, Glen Dunnington, an adjoining duplex owner, opposed the proposed zoning
change, expressing concern the dry cleaning chemicals would bother his wife and daughter
who suffer from allergies. He also submitted a petition opposing the request signed by 11
neighbors.
~ longer are needed, to the Memorial Causeway Bridge Replacement project. These funds
. ! are necessary to provide funding for design of the bridge.
In response to a Question, Engineering Director Rich Baier said the Drew Street
widening budget was based on rough estimates that predicted the project would cost
between $1-million and $1.2-million more than it did. These funds are needed for the
bridge replacement project.
Commissioner Seel moved to approve the transfer of $1-million of Penny for Pine lias
tax from the Drew Street widening project to the Memorial Causeway Bridge project. The
motion was duly seconded and carried unanimously.
ITEM #14 - (Cont'd from 05/15 & 06/05/97 ) Public Hearing - Land Use Plan Amendment
to Commercial Neighborhood & CPO Zoning for property located on N side of SR590,
approx. 700' W of McMullen-Booth Rd., Sail's Lake Park, Unit B, Tract B (Terepka, LUP97-
02, Z97~03)
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The applicant proposes to change the Multiple-Family Residential "Eight" (RM-B)
zoning to Commercial Planned Development (CPO) for vacant property on the North side of
SR 590, approximately 7DO-feet West of McMullen-Booth Road and adjacent to the SPCA
(Society for the Prevention of Cruelty to Animals). The applicant wishes to construct a
professional dry cleaning business office with ancillary services on the subject lot. The
applicant operates Spirit Cleaners at 1590 McMullen-Booth Road by SR 590 and indicates
that location has inadequate room for expansion.
The applicant intends to build two one-story buildings on the property: 1) 960
square feet and 2) 5,000 square feet. The property's current Land Use Plan Classification
is Residential Urban. Under the Land Development Code, the proposed business is
categorized as a "personal service" which is not a permitted nor conditional use in a RM-B
zoning district. The business will be a permitted use in the proposed CPO zoning district if
the request is approved.
The subject lot is not City park property although the plat shows it as a "park."
According to the applicant, the City rejected the previous owners' donation of the lot. No
homeowners association maintains the property which is littered with trash and debris.
Upon a search of City records, staff found no restrictions on this property to prohibit its
use for other than a park. The Parks & Recreation Department has expressed no interest
in the property as a park.
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Staff feels the proposed construction of a professional dry cleaning business with
drive-through services at this location will impact negatively and exacerbate the noise and
activity already experienced by this residential neighborhood unless heavily buffered. On
May 20, 1997, the Planning & Zoning Board endorsed the request by a 4-1 vote.
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The lot has a non-conforming width of 85.03-feet when 90-feet is the minimum
required in the RM-8 zoning district. The 29,750-square foot lot is less than an acre.
Establishment of a new CPO requires 4 acres or more. The property is not ideal for
residential development due to its size and noisy environment caused by barking dogs from
the SPCA site to the East. ,'.\ppropriate uses might be noncommercial parking for the
SPCA. The North end of the lot near the cul-de-sac could be used for single family.
Staff expressed concern the proposed development is not consistent with
surrounding land use patterns and in character with residential properties North and West
of the subject property. Rezoning will not foster a consolidated commercial or professional
corridor as no such uses exist within the area. Proposed buffering on the site plan are
insufficient to mitigate adverse conditions to the residential neighborhood.
The 15 proposed parking spaces do not comply with Code which requires 5 parking
spaces per 1,000-square feet of gross floor area for a personal service. A 5,960 square
foot building requires 30 parking spaces. The signage issue is not addressed by the
applicant on the site plan. If approved for first reading, the City Commission should be
presented with a proposed sign allowance prior to second reading. Staff will recommend
freestanding and attached sign age at the Public/Semi-Public level.
The Interim City Manager reported the appllcant submitted a new plan this
afternoon. Central Permitting Director Scott Shuford said had met with the applicant to
address areas of concern. He distributed the revised plans, noting the property is difficult
to develop and has been vacant for many years. The new site plan indicates a block wall
with gate will be constructed on the East side of the property. Mr. Shuford believed he
could support this plan but had been unable to contact Mr. Dunnington to review the plans.
The business will not be open after 6:00 p.m. He said proposed buffering is sufficient. In
response to a question, Mr. Shuford said personal services require Neighborhood
Commercial zoning. The new plan shifts the building one-foot to the East. Major changes
relate to the proposed wall, fencing, and landscaping.
Roger Larson, representing the applicant said Neighborhood Commercial zoning
permits dry cleaning and duplexes, such as those West of the site. He said the applicant
worked hard with staff to address concerns. The development will not intrude on the
abutting neighborhood. Landscaping will provide a buffer between adjoining residential
property and the West wall, which extends to the roadway. The proposed dual entrance
has been redesigned to a single one. The finger of land extending to St. John Drive will be
a green managed area. Mr. Larson noted the Land Use Plan contemplates dry cleaners in
residential areas. He said more than 50 dry cleaners abut residential areas in Clearwater.
Mr. Larson said the parking needs of dry cleaners differ from other personal services
as customers park for only 5 to 10 minutes. He suggested 3 or 4 parking spaces would be
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adequate. He noted the dry-cleaning business has changed; the use of solvents now is
regulated and inspected. He said the proposed use is compatible and will improve the
property. He concurred with staff's recommendation for a CPO to give the City
Commission control over variances that may be required. He said the development will
provide an excellent buffer between the SPCA and residential neighborhood. In response
to a Question, he said the current path on the property was created by people other than
the owner as a short cut.
Glenn Dunnington said he was impressed with the applicant. He expressed concern
sleeping will be difficult in his East bedrooms when the business opens its operations at
6:00 a.m. He requested an 8~foot decorative wall buffer to keep car lights off his bedroom
windows. He opposed a loud exhaust system on the cleaners. He expressed concern the
spike of land West of the development could be used as a driveway.
Geraldine Hawk expressed concern the proposed development will make it more
difficult for her to rent her abutting duplex. She noted a petition signed by 11 residents
opposing the development had been submitted.
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In response to a question, Mr. Shuford said the proposed West wall is a-feet from
Mr. Dunnington's property. Trees and shrubs will buffer the wall's West side. The wall
will be 4-feet high for the first 25 feet and then increase to 6-feet. The wall will run along
the pavement until it jogs over to join the West wall of the building. Behind the building, a
6-foot fence will buffer the property. Along the parking lot's rear, the fence probably will
be 9 to 10 feet. Landscaping will be installed around the property. In response to a
Question, he indicated he had requested the applicant locate the vents on the building's
East side. It was recommended the vents not face the residences.
In response to a question, Mr. Shuford said a drive cannot be installed on the
"'spike." Mr. Larson indicated the "spike" between the duplexes will remain a grass area
maintained by the applicant. In response to a question, he said the proposed gate will
allow access to the West side of the wall for landscape maintenance which will meet City
code. In response to a Question, he indicated Mr. Dunnington owns and will move the
shed intruding on the subject property. It was suggested the applicant sell the "spike" to
ahutting property owners. Mr. Shuford said if the "spike" retains its current zoning.
expansion by the applicant onto that property could not occur without City Commission
approval.
Mr. Dunnington expressed concern a 6-foot wall will provide inadequate buffering.
He requested the City investigate vehicles parked on the nearby right-of-way where a "no
parking" sign once stood.
Mr. Larson opposed selling the "'spike," indicating loss of the property would reduce
the building's FAR (Floor Area Ratio). Maintaining current zoning on the "spike" was
recommended.
Mr. Shuford suggested continuing the item. It was noted the next City Commission
meeting is not until July 1 7, 1997, and the August PPC (Pinellas Planning Council) has
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Commissioner Seel moved to approve the Petition for Land Use Plan Amendment to
Neighborhood Commercial and Zoning Atlas Amendment to Commercial Planned
Development (CPO) for Sail's Lake Park, Unit B, Tract B with the condition: 1) exhaust
fans to be directed away from residential area. The motion was duly seconded.
~ been canceled. In response to a question, Mr. Shuford said a CPO provides the City
'. Commission with control over the site's use and design.
Gary Dawson, Director of the Southeast Fabric Care Association, said the operation
will have the newest equipment. The noise level will be low. FDEP (Florida Department of
Environmental Protection) inspects dry cleaners for compliance to regulations regarding
containment, backups, and air and spill releases. He said heat and steam will be
exhausted up and out.
Mr. larson indicated the applicant did not want to sell the "spike." He felt the
applicant has minimized conflict with the adjoining neighborhood and will be a good
neighbor. Mr. Shuford said the development still needs a parking variance. Staff will try
to schedule a hearing before the Development Code Adjustment Board before the July 1 7,
1997, City Commission meeting.
Commissioner Clark opposed the development, stating the proposal is too large for
the lot.
:)' Upon the vote being taken, Commissioners Johnson, Hooper, and Seel and Mayor
I, Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
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Based upon staff's original recommendation, no ordinance was prepared. First
reading of the appropriate ordinance will be at the July 17, 1997, City Commission
meeting.
ITEM #16 - Public Hesrina & First Reading Ords. #6154-97 & #6155-97 - Land Use Plan
Amendment to Residential/Office General & OL Zoning for property located at 1005
Howard Ave., Belmont Sub., 2nd Add., Blk F, Lots 5-8, less S 10' thereof (Young's
Funeral Homo I Robert C. Young, LUP97-03, Z97-04)
The applicant wants to expand his full-service funeral home at 1005 Howard Street
to include individual family viewing rooms, parking spaces to eliminate off-street parking,
and handicap rest room facilities which meet ADA (Americans with Disabilities Act)
requirements. He has acquired the adjacent four lots South of the business to facilitate
this process. The subject lots are zoned Multiple-Family Residential "Eight" (RM-B) and
have a Land Use Plan Classification of Residential Urban. A funeral home service is not a
permitted nor conditional use in RM-8 zoning but is permitted in Limited Office (OL) zoning.
The Future land Use Plan Classification of Residential Urban would be changed to
Residential/Office General to conform with the proposed zoning district, and be compatible
with the Countywide Future land Use Plan Classification of adjoining properties North of
the subject lots.
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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The combined lots total 8,712 square feet (0.2 acres) which is less than one acre.
Two or more acres are required to establish a new OL zoning district. The proposed
amendments, however, would be an expansion to the applicant's existing property.
Staff believes this established business will continue to serve an important public
function. The rezoning request is consistent with the adjoining land use patterns to the
North and compatible with the existing OL zoning district. Rezoning will provide the
applicant more flexibility and space to provide essential services to better run the business.
It will allow a development project that positively contributes to redevelopment.
Adequate measures should be taken to control site impacts, particularly to nearby
residents to preserve neighborhood integrity. On June 3, 1997, the Planning & Zoning
Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Land Use Plan
Amendment from Residential Ruban to Residential/Office General and Zoning Atlas
Amendment from Multiple-Family Residential t'Eight" (RM-8) to Limited Office (OL) for
Second Addition to Belmont, Block F, Lots 5,6,7, and 8 less the South 10-feet thereof.
The motion was duly seconded and carried unanimously.
The Interim City Manager presented Ordinance #6154-97 for first reading and read
it by title only. Commissioner Clark moved to pass Ordinance #6154-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6155-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6155-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #1 6 ~ Public HearinQ & First Reading Ords. #6157-97 & #6158~97 - Land Use Plan
Amendment to Residential Medium & RM-12 Zoning for property located at 1112-1114
Engman St., 1) Greenwood Park #2, Blk 0, E 20' of Lot 39 & all Lot 40; and 2)
Greenwood Park #2, Blk 0, W 20' of Lot 39 (Clearwater Neighborhood Housing Services,
Inc. & Charles Rutledge, TRE, LUP97-05, Z97-05)
This joint rezoning request is from Charles Rutledge and CNHS (Clearwater
Neighborhood Housing Services). CNHS owns Lot 40 and part of Lot 39. Mr. Rutledge
owns the remainder of Lot 39. The applicants wish to construct an lnli11 single-family
house.
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The subject lots are zoned Public/Semi-Public (P/SP), and have a Land Use Plan
Classification of Institutional. Residential development is not a permitted nor conditional
use in PIS? zoning but is permitted in Multiple-Family Residential "Twelve" (RM-12). It is
proposed to rezone these properties RM-1 2. The Future Land Use Plan Classification of
Institutional would be changed to Residential Medium to conform with the proposed zoning
district, and compatible with the Countywide Future Land Use Plan Classification on
adjoining properties to the North, South, West, and East of the subject lots.
The size of the combined lots is 7,280 square feet (0.17 acres) which is less than
one acre. Four acres or more are required to establish a new RM-12 district. This area is
within a predominantly residentially zoned neighborhood. The proposed amendments
would be an expansion to existing CNHS property in the area.
The request to rezone this portion of land to RM-1 2 is consistent with surrounding
land use patterns and in character with the neighborhood, considering the existing
residential facilities. Rezoning would give CNHS more flexibility and space needed to
accommodate the proposed building and allow a project which will contribute positively to
redevelopment.
The agreement for the purchase of a part of Lot 39 is contingent upon approval of
the Land Use Plan and Zoning Atlas Amendments from the City to insure that this lot is
usable for residential development. On June 3, 1 997, the Planning & Zoning Board
unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Land Use Plan
Amendment from Institutional to Residential Medium and Zoning Atlas Amendment from
Public/Semi-Public (P/SP) to Multiple-Family Residential "Twelve" (RM-12) for Greenwood
Park #2, Block 0, the East 20 feet of Lot 39, and the West 20 feet of Lot 39 and all of Lot
40. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6157-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6157-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6158-97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6158-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
mcc06b97
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06/19/97
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The Commission recessed from 7:44 to 7:57 p.m.
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ITEM 11'7 - Public Hearing - Land Use Plan Amendment to Residential Medium &
Preservation for property located at 2600-2636 West Grand Reserve Circle & 2701-271 8
East Grand Reserve Circle, Storz Ophthalmics, Inc., Park Place, Lots 2 & 3 (The Grand
Reserve at Park Place limited Partnership, LUP97-04){CP)
The Interim City Manager reported the applicants have requested continuing this
item.
Commissioner Clark moved to continue Item #17 to July 17, 1997. The motion
was duly seconded and carried unanimously.
ITEM U, 8 - (Cont'd from 06/05/97) Variance(s) to Sian Reaulations for property (Eckerd
Drugs) located at 505 S. Belcher Rd., Sec. 18-29.16, M&B 32.05 (Ellis & Co., Ltd., SV97-
04)
The subject property, East of Belcher Road on the South side of Gulf-to-Bay
Boulevard, is zoned General Commercial. The applicant requests the following variances:
1) for attached signs, a 73.9- square foot area variance from the permitted 64-square feet
to allow 137.9 square feet; 2) a variance of 1 attached sign to allow 6 attached signs; and
3) a variance of 2 wall signs to allow 5 wall signs.
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Staff believes conditions do not support approval of the variance to allow 6
attached signs. Conditions support the other variances: 1} the business is approximately
340 feet off Belcher Road; 2) the business does not qualify for the 1 25 % bonus for
businesses located 300 feet or more from the roadway due to the proposed secondary
attached signs; and 3) placement of 5 wall signs with an area of 127.9 square feet will be
in scale with this wide storefront, will help identify the business and services, and will not
detract from the appearance of the City.
Mr. Shuford stated photographs of the property had been verified at the June 5,
1997, meeting. He reviewed previous actions on various sign variance requests on Gulf-
to~Bay Boulevard. In response to a question, he said the store would qualify for larger
signage if all signs were clustered together. The store is directed toward Belcher Road but
is only 75 feet from Gulf-to.Bay Boulevard.
Todd Pressman, representative for the applicant, noted the store's distance from
Belcher Road. He said large Gulf-to.Bay Boulevard businesses such as Builders Square and
Albertson's have large exclusive pylon signs. He said Eckerd Drugs' space could hold four
stores with each qualifying for a 150-square foot wall sign.
In response to a question, Mr. Shuford said the applicant is proposing 5 signs.
Code allows up to 5 signs, but only 3 of one type. Eckard Drugs is requesting all signs be
wall signs. Staff recommends eliminating 11 window signs, including sign 1/6 which
advertises "one.hour photo." Mr. Pressman said this variance request relates to future
signage following renovations currently underway.
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Commissioner See I moved to deny a variance of 1 attached sign to allow 6
attached signs, on property identified as Sec. 18-29-16, M&B 32.05, for failure to meet
Sec. 45.24, Standards for Approval, items (1 )-(4) and moved to approve the following
variances: 1) an area variance for attached signs of 63.9~ square feet from the permitted
64~sQuare feet to allow 127.9 square feet and 2) a variance of 2 wall signs to allow 5 wall
signs on property identified as Sec. 18-29-16, M&B 32.05, for meeting Sec. 45.24,
Standards for Approval, items (1 )-(4) and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM #19 ~ Variance(s) to Sian Regulations for property located at 2601 Enterprise Rd.,
Sec. 32-28-16, M&B 22.05 (Florida Power Corp. / Cypress Point Shopping Center, SV97-
06)
The property, on the South side of Enterprise Road East of US 19N is zoned
Public/Semipublic. The applicant is requesting an area variance for a freestanding sign of
84.3 square feet to allow a sign area of 132.3 square feet and structure area of 156.3
square feet where the maximum permitted sign area and structure area are 48 square feet
and 72 square' feet, respectively. The variance is for a freestanding sign for the Cypress
Point Shopping Center. The sign will be placed in the Florida Power right-of-way which is
used to access the shopping center from Enterprise Road.
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The actual message area of the sign is 60 square feet. The sign will identify a
166,000 square foot shopping center on 17 acres. It is designed to complement the
shopping center and its sign on US 19N. Staff feels the sign will be an appropriate
transition between neighboring signs.
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Mr. Shuford said the requested variance is large because the freestanding sign will
be located in Florida Power's right-of-way. Shopping centers are permitted 150-square
foot freestanding signs. The applicant proposes a 156-square foot sign.
Tom Nash, representative for the applicant, verified photographs of the property
and the depiction of the sign presented him by Mr. Shuford. He said the shopping center's
only sign is at its US 19N entrance. The Enterprise Road entrance has no signage. As
many shopping center patrons are not aware of that entrance, he said this sign will assist
US 19N traffic. He said the sign is attractive and was pared down from the original
request.
Commissioner Clark moved to approve an area variance for a freestanding sign of
84.3 square feet to allow a sign area of 132.3 square feet and structure area of 156.3
square feet where the maximum permitted sign area and structure area is 48 square feet
and 72 square feet, respectively, on property identified as Sec. 32-28-16, M&B 22.05, for
meeting Sec. 45.24, Standards for Approval, items (1 )-(4). The motion was duly
seconded and carried unanimously.
Public Hearing - Second Readina Ordinances
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ITEM #20 ~ Ord. #6145-97 ~ amending Sec. 47.083 relating to fees and issuance of
permits, including certain temporary permits by facsimile
The City Attorney presented Ordinance #6145-97 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6145-97 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 #21 ~ Ord. #6146-97 - amending Appendix A Schedule of Fees, Rates and Charges
relating to Sec. 47.083(4)
The City Attorney presented Ordinance #6146-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6146-97 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnson, Clark, Hoop~r, Seel and Garvey.
"Nays": None.
I:)
ITEM #22 ~ Ord. #6147-97 - Vacating 3' drainage easement lying along west side of Lot
40 and City's request to vacate 3' drainage easement lying along east side of Lot 39,
Brentwood Estates, less southerly 10' (Chandler, V97-04)
The City Attorney presented Ordinance #6147-97 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 116147-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
ttNays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-30) - Approved as submitted less #27
ITEM #23 - AOQroval of Purchases oer 06/05/97 memorandum:
Publishing Hardware & Software, Ikon Office Solutions, $28,126; funding to be
provided under City's master lease/purchase agreement (1M)
Network Equipment & Software for Enterprise Network, Phase 1/, BCD Computer
Distributors, Inc., $127,345.83; funding to be provided under City's master lease/purchase
agreement ($89,521.38Hcash $37,824.45)(1M)
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39 desktop computers, Dell Computer Corp., $96,993; funding to be provided
under City's master lease/purchase agreement (1M)
Lawn & Landscape Maintenance of parks, medians & common areas of N & S
Clearwater and Countryside, Lawn and Landscape Service, 07/01/97 .06/30/98, estimated
$54,210 (PR)
8 Hustler Lawn Maintenance Tractors (replacements), Hustler Equipment of Florida,
$83,355; funding to be provided under City's master lease/purchase agreement
($56,459)(cash $26,355)(GS)
Three 1997 Ford F-350 one ton trucks with utility body (two replacements, one
new), Heintzelman's Truck Center, $69,198; funding to be provided under City's master
lease/purchase agreement and $25,066 cash (GS)
One 1997 Ford F-SOO cab and chassis with 12' flat dump body (replacement),
Atlantic Ford Truck Sales, $41,310; funding to be provided under City's master
lease/purchase agreement (GS)
ITEM #24 ~ Purchase two 1997 Ford Taurus sedans. Don Reid Ford, Inc., $31,840;
authorize lease purchase under City's master lease/purchase agreement (CRT)
/:)
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ITEM #25 - Accrove CGS's continued carticication with FMNGA (Florida MuniciDal Natural
Gas Association) in joint municipal representation of Federal and State regulatory and
legislative Issues and to pay related annual FMNGA dues and shared expenses, 06/20/97.
06/30/98, estimated $60,000 (GAS)
ITEM #26 - Contract to renovate & eXDand Greenwood Panthers building at Phillip Jones
Park, Oakhurst Construction Co., Inc., $55,936.21; approve subsequent CO deduction of
$8,700, and approve transfer of $15,000 at 3rd Quarter from savings in other CIP's (PR)
ITEM #27 - See Dage 16.
ITEM #28 - Contract for non-Ieaal collective bargaining reoresentative services durina
upcoming neaotiations with City's 4 unions to Cvnthia Clark Sontag, at an amount not to
exceed $55,000 (CM)
ITEM #29 ~ 1 0' drainage & utilitv easement - Sec. 12-29-15 (Frontier Lighting)(CA)
ITEM #30 ~ Aoooint Mavor Garvev as voting deleaate for Florida League of Cities' Annual
Conference ~ August 21-23, 1997
Commissioner Clark moved to approve the Consent Agenda as submitted less Item
#27 and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
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,~ I,T7EM291f257 ~ Cont!a.ct to ourchase unimoroved real or~ohelrtv. (JOSdeDh IW' McGoldrick) Sec.
, - -, , containing 5.49 acres, m.o.I., together Wit mprove rea property commonly
known as 325 David Avenue, for $386,000 and pay related transactions costs including
real estate appraisal, environmental audit, boundary survey, recording f138S and demolition
expenses, all maximally estimated at $8,225, for estimated total $394,225 (EN)
The subject property is suitable for development of a stormwater treatment facility
to resolve problems: 1} replace collapsing stormwater system discharging from Condon
Gardens; 2) provide stormwater treatment for area that discharges to Tampa Bay without
treatment; and 3) alleviate minor street flooding on adjacent Elizabeth Avenue. The project
also will provide storm water treatment for the TBNEP (Tampa Bay National Estuary Program)
and NPDES (National Pollution Discharge Elimination System) Program.
The purchase price was determined by an appraisal performed by Jerry S. Fiala, MAl,
BRA, on April 28, '997, that indicated the total land value is $360,000, plus $26,000 for the
single-family residence at 325 David Avenue that provides full legal access to the wooded
unimproved portion of the property. PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) performed
a transaction screening site assessment. Their May 1 2, 1997, summary report indicates no
suspicion of current or past usage for the deposition of toxic materials or hazardous wastes,
and that no further investigations or testing is warranted at this time. The project will be
developed for treatment and attenuation of stormwater, incorporating a small wetland while
retaining transitional and upland trees on site.
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For the Seller to comply with requirements of Section 1 031 of the Internal Revenue
Code of 1954, an "Addendum To Contract" attached to the contract exhibits an Exchange
Agreement to be executed by the City and Seller with American Midwest Bank & Trust to
facilitate an exchange of the property for other "like kind" property. The City would have
no further obligation relating to the exchange beyond executing the agreement.
Assistant City Manager Bob Keller said he was contacted this week by an attorney
for a developer who has expressed an interest in working with the City regarding this
property. A preliminary meeting will occur shortly. Mr. Keller and the Engineering
Department will address a possible joint use. The Interim City Manager recommended the
City Commission approve the item and then provide policy direction for staff to work with
the developer to provide them with stormwater retention. Ordering another appraisal was
suggested. Mr. Baier said the property has an assessed value of $324,000. It was
suggested $73,000 per acre is expensive for residential land. It was felt the appraisal
seems fair considering the assessed value. Removing the land from the tax roles will
decrease City tax revenues by $2,000 a year. In response to a question, Mr. Baier said
stormwater treatment will require at least one acre. It was indicated the need for
stormwater retention must be met.
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Commissioner Clark moved to approve a contract with Joseph W. McGoldrick, not
individually, but as Trustee of the Joseph W. McGoldrick Revocable Trust, under agreement
dated January 22, 1991, to purchase unimproved real property being a portion of the Northeast
% of Section 17, Township 29 South, Range 15 East, containing 5.49 Acres, more or less,
together with improved real property commonly known as 325 David Avenue, both parcels
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being more particularly described in Paragraph 1 of the contract, for $386,000, and pay related
transactions costs including real estate appraisal, transaction environmental audit, boundary
survey, recording fees, and demolition expenses, all maximally estimated at $8,225, for an
estimated total cost of $394,225, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #31 - Res. #97-41 - Joint Project Agreement with FDOT for design, row acquisition
and construction of Memorial Causeway East Bridge replacement (EN)
The current PD&E (Project Development & Environment) Study, begun in late December
1995, was more than 80% complete by the end of April 1997. Approximately 120 people
attended the December 3, 1996, alternatives public workshop. Following the February 3 and
April 14, 1997, presentations to the Commission, the City Commission selected Alternative
P4A as the Preferred Alternative on April 17, 1997.
,:)
This Agreement is to secure $13-million from FOOT (Florida Department of
Transportation). Proposed funding for the project is to be provided by the City, County, and
State. The JPA (Joint Project Agreement) between the City and FOOT provides that FOOT will
reimburse the City for funds the City spends over and above the City and County share to
advance the bridge's construction. FOOT requires the proposed project be included in Pinellas
County MPO's (Metropolitan Planning Organization) LRTP (Long Range Transportation Plan)
before FOOT will execute this proposed funding agreement. Under pending State legislation,
FOOT cannot reimburse the City for design costs after July 1, 1997, unless a JPA is approved
prior to June 30, 1997.
Three presentations were made to the MPO's CAC (Citizen's Advisory Committee),
TCC (Technical Coordinating Committee), and MPO Commissioners. On May 14, 1997, the
MPO accepted CAC and TCC recommendations and amended the County's LRTP and TIP
(Transportation Improvement Plan) to include the Memorial Causeway Bridge Project.
This Agreement specifically details delegation of responsibilities: 1) City shall be
responsible for the project's PD&E and Design phase and 2) FDOT shall acquire right-of-way,
select and hire a professional engineering consultant to perform CEI (Construction Engineering
and Inspection) work during construction, and will maintain the bridge after completion of
construction.
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Finance Director Margie Simmons reviewed a Financial Analysis of the Memorial
Causeway Bridge replacement. Assuming an annual increase of 5.11 %, the City will cellect
$101,150,000 in future Penny for Pinellas revenues. Estimated bridge costs are: 1) $3-million
for design costs in June 1997; 2) $2-million for right-of-way acquisition in June 1998; and 3)
$34.9-million for construction costs in June 1999. It is expected that $3-million for design
costs will be available in the current Penny for Pinellas. It was suggested the City could bond
the right-of-way acquisition and construction costs plus $500,000 bond issuance costs for a
total of $37.4-million. The calculation of debt service projection was based on current market
conditions. If rates increase by 2%, total debt service costs would increase approximately
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10%. A 2% decrease In rates would decrease total debt service costs by approximately 9%.
Based on current market conditions, interest on a 10-year $37,4-million bond issue would be
$10,741,835 for a total of $48,141,835.
Ms. Simmons reviewed the cash flow worksheet, indicating when the City would
receive funding and when certain costs must be paid. If bonded, the total project will cost
$51,260,832, with $24,255,157 from future Penny for Pinellas funds. This estimate exceeds
the $13-million bridge budget. Delaying the project until Penny for Pinellas funds are available
will cost an average 3% per year, or a total of $3.5-million in increased construction costs.
Alternative methods for paying back the bonds will reduce total costs but reduce or eliminate
City funding for other projects. Bonding the project will allow earlier completion and permit
Penny for Pinellas taxpayers use of the bridge. Borrowing through a bond is usually cheaper
than borrowing Internally; current rates are 1 % lower. Staff feels the bridge project can be
completed within the proposed time frame and recommends Penny for Pinellas projects be
prioritized.
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The Interim City Manager noted concerns that other projects will be delayed if all early
Penny for Pinellas funds are earmarked for this project. It was noted future users will pay for
the bridge if the project is bonded. In response to a question, Ms. Simmons said if Penny for
Pinellas funds fall short of projected levels, some projects will not be done or another funding
source will be needed. The Interim City Manager said this analysis just looked at the ability to
fund the bridge and the impact it would have on other projects. In response to a question, she
noted projected Interest costs of almost $11-million can be reduced if the City uses the
County's $10-million contribution to pay down the principal. A balloon payment would reduce
Interest costs by several million dollars but no up front money would be available for other
projects.
The Interim City Manager has faxed a letter to the County Administrator questioning the
proposed schedule for distribution of the County's $1 O-million contribution from the extended
Penny for Pinellas tax. In response to a Question, Ms. Simmons said the $11-million cost to
bond the project would be partially offset by increased costs due to project delay. She said
construction funds are due up.front.
Mr. Baier reviewed changes to the JPA, including clarifying language. Language in
Exhibit C was revised to require deposits prior to each phase instead of all up front. Language
now Indicates the City will receive any interest on the funds. FOOT is reimbursing the City for
design costs under a separate agreement. In response to a question, he indicated the City will
not have to advance money to FOOT until the fiscal year preceding each phase. Plans arB to
begin right-of-way acquisition 1" quarter, FY 2000101 with construction and CEI to begin 1"
Quarter, FY 2001/02. Budgeted costs are based on estimates. In response to a question, Jerry
Carp, of FDOT, indicated the State controls the investment of escrow accounts.
Commissioner Johnson moved to approve the Joint Project Agreement for design,
rlght-of~way acquisition, and construction of Memorial Causeway East Bridge replacement
with the FOOT and that the appropriate officials be authorized to execute same. The
motton was duly seconded and carried unanimously.
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"Nays": None.
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The City Attorney presented Resolution #97-41 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-41 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.
ITEM #32 ~ Res. #97-35 - Officially changing name of that portion of Bayview Avenue,
lying south of Gulf to Bay Blvd. and within city limits to "Old Bayview Avenue" (EN)
Jack Alvord, President of the Historic Bayview Association, has submitted a petition
requesting changing the street name South of Gulf-to-Bay Boulevard from Bayview Avenue
to Old Bayview Avenue signed by 20 residents: 1} 11 residents live in the City and 2) 9
residents live in the County. The Association believes changing the name will improve the
response time of emergency vehicles. Residents are concerned the police, paramedics,
sheriff, and ambulances often respond, in error, to Bayview Avenue on the North side of
Gulf-to-Bay Boulevard. Residents also feel changing the street name will help Pinellas
County School Transportation Officials to recognize those who live South of Gulf-to-Bay
Boulevard and consider a school bus stop on their side.
::)
It was felt changing the street's name would not improve emergency response
times. It was not felt the name change was justified. Concern was expressed the request
was not unanimous.
Commissioner Hooper moved to deny the request to change the name of the portion
of Bayview Avenue lying South of Gulf-to-Bay Boulevard and within the City limits to "Old
Bayview Avenue." The motion was duly seconded and carried unanimously.
ITEM #33 - Island Estates Reclaimed Water System Contract No. 2 - PumDina Stations &
Storeos Tank, Wharton Smith, Inc., $2,412,000 (EN)
The Island Estates Reclaimed Water System is being constructed under 2 separate
contracts. On April 17, 1997, the first contract was awarded by the City for construction of
pipelines which will extend reclaimed water service to Clearwater beach and Island Estates.
Contract #2 is for the pumping and storage facilities to complete the system development.
This project will begin about July 1997, with a construction contract time of 360 days.
This project includes a 5 MGD transfer pump station at the Marshall Street APC Facility,
a 5-million gallon ground storage tank, a high service pump station and associated electrical
systems, site work, parking, and landscaping. The parking facilities are intended for
community use during non-working hours and the landscaping is designed to screen the site
from view from adjacent property.
Total estimated construction costs for the reclaimed water system are $6,070,295,
based on the Contract #1 award of $3,658,295 and this Contract 112 amount of $2,412,000.
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ITEM #34 ~ Work Order for oroviding construction services & Qualitv control testina for
Beach Reclaimed Water Main & Island Estates Reclaimed Water System, McKim & Creed,
$80,000 (EN)
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This amount is within the projected total cost of $6,995,500. Engineering construction
management services for the project were included in a previous work order to McKim &
Creed. Costs for materials and construction quality control testing will be included in a future
work order and are estimated to be $25,000.
Mr. Baier reported he had confirmed this project will fund construction of the berm and
associated landscaping.
Commissioner Clark moved to award the Island Estates Reclaimed Water System
Contract No.2-Pumping Stations and Storage Tank (97-15) to Wharton Smith, Inc. of Lake
Monroe, Florida, for the sum of $2,412,000 which is the lowest responsible 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.
The City Commission awarded construction contracts for the Beach Reclaimed Water
Main Extension and Island Estates Reclaimed Water system in previous agenda items. The
background on the previous agenda items for the construction contract awards identified the
need for additional construction engineering services and Quality control testing. This work
order provides for the needed services to insure the quality of work, to insure the installed
"~ quantities of work are not misrepresented by Contractors, and to assist in resolving
'.,,,,4 construction issues raised by impacted residents.
The Contractor proposes to use several construction crews at different locations within
the project's limits. The Contractor's intention is to complete the work faster than the allotted
time frame of 540 days. A higher staffing level will be required for construction services during
the initial 6 to 8 months of the project. This work is subject to the Cooperative Funding
Agreement with the SWFWMD (Southwest Florida Water Management District) for the
transmission pipeline portions of the work performed. Construction will begin about June 16,
1997. Services provided by this Work Order will begin in July 1997.
Commissioner Johnson moved to approve the McKim & Creed Work Order for $80,000
for providing construction services and quality control testing for the Beach Reclaimed Water
Main and Island Estates Reclaimed Water System, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #35 - Mid Year Budaet Review (eM)
The Mid-Year Budget Review is based on 6-months activity from October 1996
through March 1997. At mid-year, court fines are approximately 24 % below estimates
primarily due to the beach courtesy warning program and anticipated revenues are reduced
by $222,500 in this category. Interest earnings on the General Fund cash pool are lower
than anticipated and result in a decrease in estimated earnings.
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Gas Fund expenditure amendments reflect the increased cost of fuel, and the
$25,000 transfer to the Capital Improvement Fund to establish a project to modify the
Utility B~lIing System in 2000.
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The mid~year amendments reflect the appropriation of $500,000 of unappropriated
retained earnings to the Special Program Fund for General Fund retirements. The available
balance in this project is approximately $237.000. With severallargB retirement payouts
in the near future, including City Manager Deptula and Fire Chief Davidson, the current
available funding most likely will be used prior to the end of the fiscal year. A projected
schedule of funding needs currently is being generated for the current and FY 1997/98
budget years.
At mid-year, amendments to anticipated General Fund program expenditures reflect
a $14,836 increase and anticipated General Fund revenues are reduced by $401,605.
The total of these amendments ($416,431), along with the $500,000 transfer of
unappropriated retained earnings from the Employee Retirement pool, result in a net
transfer from General Fund unappropriated retained earnings of $916,441 at mid-year.
The Unappropriated Retained Earnings of the General Fund remain at $8,573,563,
which is 12% of the total General Fund expenditure budget and well within the City
Commission's 10% reserve policy.
Water and Sewer Fund amendments reflect a $40,000 transfer to the Capital
Improvement Fund to establish a project to modify the Utility Billing System in 2000. All
other amendments are relatively small and routine in nature.
Solid Waste amendments reflect a $20,000 transfer to the Capital Improvement
Fund to establish a project to modify the Utility Billing System in 2000. Amendments also
reflect program savings in dump fees and garage charges.
Stormwater expenditures reflect salary savings due to the transfer of a position
from the Storm water program to the General Fund - Organizational & Employee
Development program. Operating revenues include a small amendment to reflect higher
than anticipated collections for the year.
Recycling Fund revenues anticipated decreases in the sales of recyclables and
offsetting increases in operating revenues reflecting higher than anticipated collections for
the year, and offsetting savings in Recycling program expenditures.
Revenue amendments to the Marine Fund reflect an increase in fuel sales and slip
rentals, which is offset by a decrease in the appropriation of retained earnings.
Expenditure am.endments reflect an increase in inventory costs for the purchase of gas and
oil to compensate for the increased sales.
Parking Fund amendments to revenues indicate a decrease in other revenues due to
a timing variance in the receipt of funds from Pinellas County supporting the Beach Guard
function. Revenues also reflect an increase in the appropriation of prior year retained
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earnings to offset budgeted expenditures. The expenditure amendment is to allow for an
increase due to the clean~up of the beach parking lots after a large storm last October.
The Harborview Center Fund amendments reflect a decrease in operating revenues
due to the loss of anticipated revenues on food and beverage sales, as well as slower than
anticipated sales. Revenues indicate a loan from the consolidated cash pool to offset the
operating deficit.
Amendments in the Administrative Service Fund reflect large savings in telephone
charges to City Departments, offset by a reduction in anticipated revenues from interfund
charges. The General Service Fund also reflects several amendments recognizing the
Building & Maintenance program costs in the participation of the City Hall renovation
project.
Amendments to the Capital Improvement program total a net decrease of
$965,935. The FY mid-year Budget Review includes a budget amendment transferring $1-
million of Penny for Pinellas (infrastructure) taxes from the Drew Street Widening project,
where the funds no longer are needed, to the Memorial Causeway Bridge Replacement
project. ' These funds Bre necessary in the Memorial Causeway project to provide funding
for design of the bridge.
Other significant Capital project budget amendments provided by previous City
Commission action include: 1) $19,888 - Fuel Site Enhancement; 2) $8,100 - Municipal
Services/Public Safety & Police Complex; 3) $55,572 - Telephone System Replacement; 4}
$9,000 - Island Estates Underground Utilities; and 5) $4, 124,094 ~ Reclaimed Water
Distribution.
These Capital Improvement Budget increases have not been approved previously by
the City Commission: 1) General Public Buildings and Equipment: a) Parks & Recreation
Department Personal Computers - $124,000 lease purchase budget increase and $16,000
Administrative Service~ revenues - replace 286 and 386 systems in outlying facilities; b)
Community Response Team Vehicles - $37,000 lease purchase budget increase - replace 2
salvage vehicles; c} GIS (Geographic Information System)) - $56,250 budget increase of
unappropriated retained General Fund earnings - additional personnel costs; d) Sand Key
power line - $1,043 budget increase of interest revenues and $56,250 of property owners
share revenues - recognize receipts to date; and e) Utility Billing Year 2000 Compliance
Project - budget increases of $25,000 Gas revenues, $20,000 Water revenues, $20,000
Sewer revenues, and $20,000 Solid Waste revenues ~ establish project to program utility
billing system for year 2000; 2) Public Safety - Fire Facilities Automation - $73,000 lease
purchase budget increase and $1 7,000 of General Fund revenues representing savings in
Fire Department operations ~ establish project for desktop computers and enterprise
network for remote facilities; 3) Leisure: a) Pier 60 Maintenance - $14,540 budget
increase of General Fund revenues representing Pier 60 revenues - establish ongoing repair
and maintenance project and b) Self~Checkout Systems ~ $77,600 budget increase of
General Fund revenues to establish project to purchase systems for Main, East, and
Countryside libraries; 4) Utilities: a) Stormwater Quality ImprovementlProperty Purchase -
$111,070 budget increase recognizing State, City of Safety Harbor, SWFWMD (Southwest
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Florida Water Management District}, and Pinellas County reimbursements for Del Oro and
Alligator Creek stormwater projects; b) Habitat Restoration & Improvements ~ $28,950
budget increase of revenues from other municipalities to recognize SWFWMD
reimbursement for Cooper's Point; c) Pinellas New Gas Mains & Service ~ $59,496 budget
increase of interest revenues to recognize interest earned by gas bonds; d) Pasco
Expansion/New Mains & Services - $1 31,000 budget increase of interest revenues to
recognize in'terest earned by gas bonds; and e) Environmental Remediation - $30,000
budget increase of gas revenues from Gas Environmental EIA Recovery for additional
remediation funding.
Concern was expressed the City is depleting its surplus. Consideration of this issue
at budget time was recommended. The Interim City Manager reported budget
amendments were due to decreased revenues and additional funding needs of the
retirement pool due to the large number of 20-year and 30-year employees who retired in
the past couple of years. An actuarial analysis of the retirement pool was recommended.
Concern was expressed inflation devalues the surplus every year.
Commissioner Clark moved to approve the Mid-Year amendments to the City
Manager's Annual Budget dated June 11, 1997. The motion was duly seconded and
carried unanimously.
a) First Reading Ord. #6163-97 - Amending Operating Budget for Fiscal Year ending
09/30/97
.',:)
The City Attorney presented Ordinance #6163-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6163-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes'l: Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
b) First Reading Ord. #6164-97 - Amending Capital Improvement Program Report and
Budget for Fiscal Year ending 09/30/97
The City Attorney presented Ordinance #6164-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6164-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
The Mayor complimented staff regarding the installation of inflll sidewalks.
ITEM #36 - Res. #97~39 ~ designating & authorizing City officials who can sign City
checks, notify appropriate financial institutions of same (FN)
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CITY ATTORNEY REPORTS
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;~ Regarding checks drawn by the City on City accounts, staff needs to replace former
City Manager Betty Deptula's signature with the signature of incoming City Manager
Michael Roberto. The signature of Assistant City Manager Robert Keller needs to be added
to fill the vacancy created by the retirement of former Assistant City Manager Bill Baker.
Commissioner Clark moved to designate and authorize the City officials who can
sign City checks and directed staff to notify the appropriate financial institutions of same
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution #97~39 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-39 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 #37 - Other Pendina Matters - None.
I C:)
ITEM #38 ~ Resolutions
a) Res. #97-40 . Demolition Lien - 1403 Roosevelt Ave., Carter, Honaker & Bare's Lincoln
Place Addition to Clearwater, Blk 4, Lots 10 & 11 (Mary L. Rhodes)
The City Attorney presented Resolution #97.40 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-40 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
MAyes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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ITEM #39 - Other Citv Attornev Items
The City Attorney requested an attorney/client session regarding Patrick Media
versus the City be scheduled for July 17, 1997, at 4:00 p.m. Consensus was to so
schedule.
ITEM #40 ~ City Manaaer Verbal Reoorts
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The Interim City Manager distributed information regarding the June 26, 1997,
public meeting at Clearwater High School regarding the Allen's Creek Watershed
Rehabilitation Project at Hercules Avenue.
The Interim City Manager stated when the City Commission approved sales of
alcoholic beverages at City co-sponsored events, the intention was for the Commission to
approve all applicable events. She indicated the Parks & Recreation Department has
approved some events to be co-sponsored by the City. Staff will provide a list of all
events that Qualify for alcohol beverage sales.
ITEM #41 ~ Other Commission Action
Design Review Board Appeal re 651 Court Street (Pinch-A-Penny)
Mr. Shuford said following the appeal that was continued on June 18, 1997, Pinch-
a-Penny had indicated their wish to address the chain link fence. A compromise was
reached with the applicant agreeing to install metal grill work along the top of the front
door and along the top and sides of the storefront windows (Exhibit A to the June 19,
1997, Mutual Findings and Conclusions). The applicant had indicated the design may be
difficult to construct if the flower boxes are attached. An alternative design (Exhibit B to
the June 19, 1997, Mutual Findings and Conclusions) was presented as backup. The
gratings will roll-down behind the decorative metal grill work and flower boxes. Mr.
Shuford stated the Fire Marshall had provided great cooperation with this site, making
certain code has been met. The grill work is not a problem with code.
Concern was expressed a precedent will be set if the shutters are allowed. Mr.
Shuford said a permit would be required for the shutters. He said the applicant has
attempted to be reasonable. The City Attorney will return with the order. In response to a
question, Mr. Shuford said the ORB (Design Review Board) supports Exhibit A.
Commissioner Hooper moved to uphold the appeal of the Design Review Board's
decision regarding 651 Court Street subject to the terms of the Mutual Findings and
Conclusions submitted at the June 19,1997, City Commission meeting (attached to these
minutes as Exhibit 1). The motion was duly seconded.
In response to a Question, Mr. Keller said the applicant had expressed safety
concerns that the panels in Exhibit A may be difficult to secure. It was felt the design
shown in Exhibit B does not meet the Commission's specifications.
The motion was amended to include a condition that the applicant will return to the
Commission if Exhibit A cannot be constructed. The seconder accepted the amendment.
Upon the vote being taken, the motion as amended was carried unanimously.
Commissioner Clark expressed concern regarding the process used to hire Dr.
Moore to do a study of Clearwater beach. It was questioned why the City should spend
$10,000 for the study if the County does not support a beach CRA (Community
mccOGb97
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Redevelopment Agency}. The Interim City Manager indicated the public needs more
education about the proposed beach CRA. Mr. Shuford noted the City Commission had
requested information regarding infrastructure development prior to construction of a new
Memorial Causeway bridge. Whether or not a CRA is approved, a beach development plan
is necessary. The City Attorney said the County's approval process is well defined and the
County Commission is not at a point to consider a CRA on Clearwater beach. It was
stated the infrastructure on the East end of the bridge also requires a planned preparation.
The majority of the Commission agreed staff should proceed with hiring Dr. Moore.
Commissioner Clark reported the Corps of Engineers will republish the RFP (Request
for Proposal) for beach renourishment on July 2, 1997, and will open the bids on August
1, 1997. Completion of the project is planned by September 1998. The first part of the
bid will address the beach from South of Belleair Beach northward to Sand Key. He
recommended the Commission pass a resolution urging the Corps of Engineers to move
ahead with this project. Construction is not done during winter months due to wave
action.
Commissioner Clark reported the proposed PST A budget includes no service
decrease or millage increase. He expressed concerns mass transportation needs for major
league baseball Bre unmet. He said fare box receipts cover 25% of the system's operation
while taxes account for the other 75%. The operating budget includes only $60,000 in
federal funds.
.
Commissioner HooDer questioned progress regarding establishment of a
conservation easement at the Boy Scouts' Camp Soule. The City Attorney plans to meet
with Boy Scout representatives. who have indicated an interest in a conservation
easement.
Commissioner Hoooer thanked the MPO (Municipal Planning Organization) for
approving a resolution regarding pedestrian activated crossings on the Pinellas Trail in
Clearwater. Mr. Saier said pedestrian issues need to be balanced with vehicular ones,
especially on roads with failing levels of service.
Commissioner Hoooer recommended an exception to the rule regarding naming a
park after a living person. He suggested changing the name of Marshall Street Park to
Cherry Harris Park. Ms. Harris is terminally ill.
Commissioner Clark opposed suggestions to change Condon Gardens' name as
Maurice Condon was a moving force in the community.
Commissioner See I complimented Mr. Shuford and Mr. Baier for extra work this
week and thanked Ms. Rice for serving as Interim City Manager.
Commissioner Seel Questioned progress on the Magnolia Street Dock. The Interim
City Manager reported the project has been rebid. The City Attorney indicated no action
o
26
06/19/97
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has been taken on the litigation that was filed. She said there is no reason not to ,move
forward with the project.
Mavor Garvev reported the American Cancer Society has requested the Commission
support legisla~ion allowing local governments to control indoor air standards. The City
Clerk will check the status of the related bill that failed last session.
ITEM #42 ~ Adiournment
The meeting adjourned at 9:49 p.m.
ATTEST: %~ L ,.lIe. {)'-CLo- .
. ,.,. , Ci ty Clerk
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Mutual Findings and Conclusions
Design Review Board Appeal
651 Court Street
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Both the appellant and respondent agree that it is desirable to provide security to the
subject property through the provision of an overhead retractable gating system so
long as the City's design objectives are met.
Both the appellant and respondent agree that these objectives can be met by
screening the overhead gating through the installation of metal grillework of a certain
design pattern and color in each opening containing the gating. The design of the
grillework is provided in the attached Mutual Findings and Conclusions Exhibit A,
which is a copy of a drawing from a previous plan submitted by the appellant. Note
that the entryways include only the horizontal grillework component. The color
acceptable to both parties is white.
80th the appellant and respondent agree that the decision regarding the type of metal
(wrought iron, galvanized steel, aluminum, etc.) for this grillework is solely at the
discretion of the appellant so long as the selected material conforms to the scale
indicated in the attached drawing. In addition, because of technical construction
problems that may arise in the secure attachment of the grillework to the building, the
vertical components of the selected design are to be installed only if the appellant in
his sole discretion is satisfied with the attachment method using the cooperative spirit
of this agreement as a guide. That is, if a secure attachment method is available and
does not negatively affect the appearance and function of the ffowerboxes, the
vertical components will be installed. If these vertical components are not installed,
the acceptable metal grillework design pattern will look like Mutual Findings and
Conclusions Exhibit B.
Both the appellant and respondent agree that the installation of the acceptable design
will not delay the issuance of any temporary or conditional Certificate of Occupancy.
The design, however, must be Installed by the appellant within 120 days from June
19,1997.
Proposed Motion: I move to uphold the appeal of the Design Review Board's decision
regarding 651 Court Street subject to the terms of the Mutual Findings and
Conclusions submitted at the City Commission meeting of June 19, 1997.
Respectfully submitted June 19, 1997.
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Respondent
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Mutual Findings and Conclusions
Exhibit A
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