06/03/1991 (2)
,
:'~~. I! '.'h: ", -i~""'i :":;~;.'> ;::. :, ~.:!,:~;: ,,/::.,,: ',' ,:"
>. ..< , I'
, \ '..,
, '
"
, "
'i\ '
" '
:.~ ~
" q.
" '
','
, .
1,.
. :-~
I'.
.',
',-
~
'1":..
, I:
'.
., .
"
"
",
" '
~., .
. ~ I I
i .
.;,~ }
"
WORKSESSION
.,
>>,~:".',' ,
.-.
,1\' ",:'
, I. ~ .
t' (. ,.
';".r. ~. ,:. . .
*;...'
," J':
,,'
City ~ommissio;n Workse~sionMinutes
~:~\": <..
';/i,..~ .. 'I
_;.1 .,1.
,. "
. i~' '. .. ~
~ ':~.' f~ c .'
:,
,.'
~, C r ,
:' .!. .. I'
.'" .. J
'.
. .
~ '. ... '
.'
1,.0
,D~.te
LJ ftlne
3r19'fL
\. ~ ,
.1
,.
I
-.'
. L .
I
,I
j
!
I
j
I
,I
, ,.
"
f'
"j
.'
l
" .
, 0"""
< c" ......
'., .
" '
t:'
"
.1." ..
:'
,.
",
"
':'
~1~~": '~:.:~:(~}},\:~~~.~:il' ~;;'; oJ ! ~& ~IJ"~"~~~~" ..'"~.--. ~ ~_t.':.I.:;:"':"~~",,,,, .('~ .'Yl:; ~"t>!i.: ';<~L '.,t~ ~:, .);., .'.. '..; '"
., ;.,',,=
,,:.. ,: ,~:'/ ((,/'::" ,: :....'.<, ':~"~~ ;..,,: '{';"::~!;:;;/':i;'<.:I~i>~'> :'; i:~';':/':::. ,'~ :!,,:\ ::"" ;.
. .. " ,'~.,..'.' c:}'''':
", .. c',.
.'
~ 1" . .
J
,,(~
,~~:~,
(;),
CITY COMMISSION WORK SESSION
June 3, 1991
The City Commission of th~ City of Clearwater met at City Hall with the following
members present:
R ita Garvey
Richard Fitzgerald
Lee Regu1ski
William Nunamaker
Sue A. Berfie1d
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Conunissioner
Also present were:
Michael J. Wright
M. A. Galbraith, Jr.
Cynthia E. Goudeau
I,
City Manager
City Attorney
City Clerk
The Mayor called the meeting to order at 9:04 a.m. and the following items
were discussed.
Three service oins were awarded to City employees.
Results of USF Morale Survey
Doctor Susan McManus, of the University of South Florida, stated the response
rate of 57 percent was very high for th i s type of survey. She rev i ewed the resu 1 ts
of the survey saying that while many said there was a morale problem. they still
indicated they like working for the City of Clearwater. She stated one positive
dimensio~ is that people like working with their co-workers. and feel they work as
a t~am. She stated problem areas are: pay raises. communication. and the desire to
have' work well done recogn ized with a better awards program. She reported a
predomi nant percentage of the emp 1 oyees want management and the rank and f i 1 e
treated the same in tight budget times.
The City Manager indicated they are working on programs to improve
communication. and stated they are forming a labor management committee to handle
this problem.
In response to concerns regarding the need for the respondents to remain
anonymous, Dr. McManus indicated that small working units were lumped together, and
that USF is keeping the questionnaires and the computer printouts of the results.
In response to questions, Dr. McManus indicated a normal response rate is 30
percent, and she was not personally aware of an organization where the satisfaction
was as high as the employees of the City of Clearwater.
CCWS
6/3/91
1
, .
,
, . .. .'. I' . \ '. 1 . . " .' . . '.' . > + . ~ . ' , . , . I"'" '.: ,'.'.. . ~ {I I,.
',:", :' .' :.:-:,:.' ~;,,',~.:. ; :'/'.:' ":",' ,..,:. ',. ' " :. ,",', ", ,:":>::::':":':.:::,"',,..',,: .....,. :.....;.\;..... ':,'.";':.', ..':.i:.....i:,?:.,!:
....;..'.,.~.........>!:..:.:.I;.:..'f.t'.... . ):'1"",~".~.1-:'..":::,:\'~':~',',\""\',~<:"',!~:' :J.:.l ..' H ,i",",. '~,II:.':...~',\!n':.",:,:." . ..'....
. , r.. . .' , . "f \ '", ,'.' . . '"::' . . I. . . "" ~ I '. . . "'. :, . ',' .': .'.',,:..',.', ,.::,'" :..,.. :'~,: :,' ,',;, , " '.',". :",:.,::', .', ' ,', ' . ,~. .:,: .: : ',' . .
',', ,~:. :...i~"':~',',;,',;,.I')i:':':.,'.:,.'.'.~,',":,'"...',.:.,'.',...."....'._:.,' , ".. \. '"
" ';','''''':,'',>:-'-'., ,:;;:';"..,,0:"" 'i':' ;::.:...:,:..: '/'.\~t>;~" :',~,': .',' :~~ ....' :,".; ,:" ,.,.....",,' '.'::. "',:, .. ';",:,: ;;"
\
! .
I:
'~
Concerns were expressed that there is a perception there is a morale problem
and it needs to be dealt with. It was indicated there is a lot of dissatisfaction
with personnel practices in the City. Personnel procedures and rea1ignnlent of the
Personnel Department' is being evaluated.
In response to questions regarding people wanting more merit recognition,
Kathy Rice, Deputy City Manager, indicated there are plans to train supervisors to
make fair and accurate observations in order to do evaluations.
, ,
.~ ....,.
.)',;
,
"
,
",'
.",;'.-
';1.;\
A.concern was expressed regarding the survey results that indicated 69 percent
of the employees do not feel the Commission bases their decisions on objective
information, and that they do not care about City employees. It was indicated that
the City Manager's Office is working on programs that will generate greater contact
between the Commission and the employees to overcome this percept:ion. It was
indicated staff is looking for long-term changes, not quick fixes. .
In response to a question regarding how Clearwater compares to other cities,
Dr. McManus indicated the survey was unique to Clearwater, but the response rate was
much higher and the stress figures in Clearwater are fairly comparable.
Dr. McManus and her team were thanked for their efforts in this regard.
Publ ic Henrina and First Readina Ord. #5103-91 - Vacating Drainage and Uti 1 ity
Easement, Clearview Lake Estates, Lot 14A (Cook/Bigelow V91-03)(PW)
!~'~r) The appl icant is requesting the vacation of the east 12 feet of the Lake-
:,:,,\, Drainage and Utility Easement. A pool and decking have been built into the existing
easement. The City has a 1811 storm 1 ine in the easement a long the south s ide of the
lot. The Engineering Division has no objections to the appl icants request to
vacating the east 12 feet of the existing Lake-Drainage and Uti 1 ity Easement subject
to retaining the south 5 feet for the storm line.
Florida Power, General Telephone, and Vision Cable have reviewed this request
and have no objections.
Questions were raised regarding the comments from Planning requiring a 25 foot
buffer from the aquatic area. It was indicated that, even with vacating this 12
feet, there will be substantially more than the 25 feet. A question was also raised
regarding the need to retain the south five feet of the easement for a storm line
which is already in place. It was requested this be made a part of the
recommendation.
~: "
,. ,
'f<'.:
: "
, .,
I :~ ";
,". \'
.l.:'.'
"< .
" ,
.,J,".t
. ~.
'oj,
, .
, ,
I'd",
, "
" '
;...
~..": ~"7
,....
.' :
.' ,(
"
. . .' ~
'.i',' :
I, "
, ,
",
"
'.
:,.'\.
1,'<'"
"
::':y.
'''+',
.'
. ,
, ...
;:.'
:1."
; 'r
L " ~
;;,
....
I""'
".~'..: .
In response to a question regarding how the pool was permitted, it was
i nd i cated that, occas iona lly, these encroachments are mi ssed in rev iewi ng the plans;
and sometimes, when the pool is being built, measurements are off.
, ',.:
'..
. ~.' :.,
, .',':
.'
. ,
. ',',
",
, "
'.
'01,
, ,
y
6/3/91
CCWS
2
l. ~ .'
"
,', '
.:.: ~
"
','
I' :'.
"
I, ;:'. ': '~'.r : ' '.'
.. :.', \ /J, "
," :,'
,.', .:'.,1.,
.....
,i I, ,.
.' '. ' . <, ~ . ,
:.... .:, .: . ::1 ',< ,: .....: ':,
, ~ .... . . '.: :"'. ., l J" .
" ,
,',..,'"
.. :"(.
'..
I. ,.
",,,
., , ,.\
" ,'. ' .
:;. . 'I
'.,.
~
.c~~
(-.J."'"i.,.,
~ '.. .'
y'
Property undergoing deve lopment within the City of Clearwater has been subject
to stormwater detention and treatment requirements based primarily upon the extent
of impact the development occasioned. In the case of redevelopment of property
which was at the time of its initial development not subject to any stormwater
requirements and, therefore, extensively paved or otherwise impervious, the impact
of the redevelopment is often a betterment to the stormwater situation, and the
developer circumstantially avoids having to provide stormwater facilities. This is
a double circumvention of storrnwater requirements in that at initial development,
no requirements were in effect, and at the subsequent redevelopment, no requirements
are necessitated due to its having no negative impact upon what previously existed.
New retrofit standards relative to stormwater requirements have been
estab 1 is hed , and redeve 1 opers have been subject to the new requ i rements since
January. The purpose of this ordinance is to ordain the already implemented
requirements for redevelopers, and for certain streamlining of standards.
A question was raised regarding when the requirements of this ordinance would
be triggered. It was stated if the impervious area changed or a site plan is
needed, the ordinance would then take effect.
A question was raised regarding the status of the County's efforts in their
overall storrnwater management plan. Bill Baker, Public Works Director, indicated
the County is working on the Allen's Creek project at this time, and still needs to
address their countywide plan. He indicated the City is coordinating with them.
It was reported the City has gone out for request for proposals for their stormwater
management plan.
C.O. #8 to the contract for the East Advanced Pollution Control Facility" increasing
the amount by $20,165 for a new total contract price of $14,252,598 (PW)
The purpose of this Change Order No.8 is to compensate the Contractor for the
revisions he has been directed to perform.
In response to questions, the Public Works Director indicated the plants have
actua lly been in operation for some time. The City Manager stated it was
significant that the City of Clearwater continued to meet standards throughout the
reconstruction process. Mr. Baker indicated these plants consistently produce
highly polished effluent. '
Contract for Clearwater Marina ParkinQ Lot to A.T. Moorefield Paving Contractors,
Inc., Largo, FL, for $62,951.95 (PW) .
On September 20, 1990, the City Commission approved the demolition of the
City-owned service station building, and the conversion of the site to metered
parking spaces. The building was demolished and the site is currently being used
as a temporary parking lot for permit parking only.
The City proposes to construct a landscaped metered parking lot, with a net
increase of 27 parking spaces, and resurface the entire Marina parking lot.
CCWS
3
6/3/91
'.
,
,
i
I
,
,
I
,',
" :l
;:1':
,I. I
'"1
In response to questions, Bill Baker, Public Works Director, indicated this
contract will result in the resurfacing of the entire Marina parking lot, and a new
parking lot, with curb and gutter, constructed on the old service station site. He
indicated all codes will be met.
,"
,",
, ,
"/.l
,": I
Joint Clearwater Florida De artment of Trans ortation A reements and ado t Res.
#91-23 for Utilities Relocation Aareement for a portion of S.R.55 (U.S.19 from
S of Enterprise Rd. to N of S.R.580 (PW) .
The City's Public Works Department and the Clearwater Gas System have
coordinated the design for the relocation of the City's utilities necessitated by
the Department of Transportation's proposed overpasses of Countryside Boulevard and
S.R.S80 with both the FOOT and their consultant engineering firm, HDR Inc. The two
Joint Project Agreements and resolution must be approved prior to the FOOT issuing
a request for construction bids. The agreements and resolution provide for the FOOT
to request bids for the City's utility relocation work as part of the State's
request for construction bids for the overpass work.
The agreement will provide significant savings to the City through
coordination of construction activities by one contractor and greatly reduce
restoration costs. The proposed work will involve the relocation of sanitary sewer,
water and gas mains.
The initial City estimate for this work is $476,205.08, of which $126,629.58
is estimated to be reimbursable from the FOOT upon completion of the project.
Mr. Baker reiterated that the Department of Transportation1s contractor will
do utilities relocation; however, if bids come in too high, the City can reject that
port ion of the bi d. He stated there are two agreements, one is the general
agreement and one is for the reimbursement to the City of Clearwater. In response
to a question, Mr. Baker indicated that, when lines are at 900 angles, it is
appropriate to sleeve the lines in order to be able to replace them in the future
without tearing up the roads.
Neiqhborhood Advisorv Committee - 4 appointments (elK)
A question was raised regarding the definition of the North Greenwood area.
It was indicated that this was determined by the Block Grant target neighborhood:
however, this still needs to be clarified.
(Cant. from 5/2/91) Variance to Sian Reaulations; for property (Iorio Keyboards)
located in Forrest Hills Estates, Unit 5, part of Lot 6, 1225 S. Highland Ave.
(Rainbow Lanes, Inc., SV91-08)(PlD)
The applicant is requesting a variance to place a second, new pole sign at the
commerc i a 1 camp 1 ex at High 1 and Ave. and Barry St. where his estab 1 i shment is
located. Presently, the major tenant of the complex (Rainbow Lanes) has an eXisting
property identification sign (pole sign) in front of the complex on Highland Avenue.
The applicant desires to erect a second pole sign, containing his allowed business
identification signage, along Highland Avenue. The code does not permit business
identification signs to be pole signs; also, no more than one pole sign is allowed
on this site.
. :.::
. 'I'
....
1,-.
, '"
" ,
. ,',
. ,', I ~
~.. .. .
" ,
..'1 .
'......;
" ..;
" "
-,I);""
"
. OI,'
.:..~..}:.
l'I',.' ~
'/ .,~
.1
. ~ "}
," .
\' '.
. ~" :
;':".'f:
~ :" '....
", ','
. .'
., ..
. . ~ '.:
. ...
. .
:'~.:. \ : ~
, -,:"
"+'L
.' .;~
Ir.,;U."t
('" ,.
.~. ."
'~h
~.:' . ',' \ '
.' ~...'
....1..
. -',
:.1;:.\
" .
.:',......
,',:.
",'-.,
'~:.';:<: ,I,:
.......
," I
~ ~~.':...~ ~:'
.:.< .
........;.
':;,' <.:~
. ,"
',.'. .
'. ~. '.'
"'1.
":"<',':'.
):....l
; \,: ~.;
"". ,<.
'. '..
.. ,
.':..
,. ,
, ~. .
,....,
'.! ':' .~'
, .::',':.,
.: <: :':~
,~
CCWS
. ::,,".
4
6/3/91
., ...
'..
.'. .
,::. j',
'.".: .
,"
.. ~ I
" I: ~.
"":.'
"
.,......
, '
.: : ,',
~ .;'. ,'. .; , .
,p."r . '. " I.'
1.1 ; .,,; .' '" , . .' . < . ~. ., .:'.:,.' . . \ ....','< ..1. '.. .... . . " /:~.' '.:,.
.....'.1:.....1. ....\... .';'..:. ,.' ...~I.,.>:+:., .:...l'..:......,~:."I..~,I:~<..j .:.:..::~.....,:~~:..~;:.I:.~:.:..:....,<,::,'~..:,:. .,.~;. ':' .'.....':;.:... .. " ",' '." .:,1,:1':.'.""':"
,1;'::,1 I :l,\t::.:~,.ll.:"..;':...' ""1'.'~1..."" ,.j ..1: ,".,...; '. ..... ., '1'.. '. ....., ~;'..CC::;.':"I.:/..<';.:,.:.: ~.:;:;\ ',,";":.,. ,":'~'
"I.'..,'.:",':',..,:..,...,.......;',:,.,:.'.',,:'....,.,':,:....,;:.'."...;.,..,:,~,',.:...~.'...,.,:.,.;.,. '".,.' ...'+' ,.\ .,. C ,. .", :-:.~:,.:...,',',,\.,..;:.,',',',.,.t... .,........:,'~..,',.;,..~..,... . :;.}:'.'. ,'"",",:,""' "
,-......' .., '. "';,.::.'.'".:.\:....:~;',,:.<:':,:,.:.,:..:,'.::.:,;,:}"~'.',':".,.::~,..,..:.~..:~" '. :.I,,~,: ',',':.:...t.,','~:.,.C ..:.,"','.. '1.( '.' "~'. '.' '
". '.:" .. ....~.": ,....<. \ ...., .. ~""il" , c. C . ' .', :",'.: "':::~:',."~,:,i., ',' ':" c' .:,. '.1 .c'.;. ", ,.'~~;l..'
:,...:,.'..... "".';:'<,"'.i':-...;'.:.:...',:::,;,':',:<,,::..';".., ',,' ..,.'~.: ':,:<, '/'- ,..'.' " " ,'.,'.. ".' . " "'.",\"." ,"-',,'"
i.'. : " . t 1, . '::>, Il':..",',,:..,:,,).~,;:':''.::!,;:...,:::,',~:..' >-: '; '. ' ;'" " .,... ':;,'.',::.'.:..:~,':..<.:-,',.,.,;....,',:.<r'.;.;.:.:.i.,.',:'::, ":".'::".; :'~'I:' .;'I'.~::': ~>: .;;~~ :',:',::':,: ':.....' ",. . ." >. "," < . .. '.
c~, . ..,.,!,..'<I...>\.,.'I" ',..... "t..,:; ...I':::'I"~'" j:'.I',,:'._'.' <,.'f)~ "'>'~.I."!:' '..::l.' '....:,~I:..
'." ,'.:
, .> I
i
!
\
}
,
i
,." .
. '.c
.' 1'.~.
~' .... "
: .' ~'""
I : ': >'::':':,::- ',:
,'. \ ~ ".
, '~', . ~, .' . ~
:::.,. ",'. :T:,I:,<...:...,.:,.....<:I..,;:."
'>, .:1..: . .
".' """..' .1.:.",'
. _,C' . .
1"'1
'"
.~ I'
--. \
,'.
.~ "
,I,.
~I,
I,','
~ 'I.
, "
, ,
I ,~
" .
I','
, ,.
.~ :"
"Cl)
(.....'
~ t ,~
~ . ~.
'.'
-..'.
','~ '
, "
"i...
I ~'
"
.:.;',
<::,:
;:':
.,'
.: :",'
"..\
.il ",
. ~,
/:. 'j
,:':::1'
1 ,I ~. ~
",I"
I.YO
.'
'\1.
"' l'
"
I,
~ I ~ "
.~:- >.
?~ ~~ .
',I.
I ,~
'\~J
.,
. '~.
, ".
,','
,"
'. ~ .
":,1,
"' "
", "
0' ;.
It was indicated that the variance is essentially requesting an additional
pole sign.
A question was raised regarding people being cited for non-conforming signs
and having to pay $450 for a sign variance. Jim Polatty, Planning and Development
Director, indicated this is being looked at as well as other changes to the sign
codei and staff w,ill return to the Commission with recommendations.
Cont. from 5 16 91 Alcoholic Bevera e Distance Se aration Variance for ra ert
Big Easy Cajun located at 20505 US19N, Suite 150, Clearwater Mall, Sec. 17-29-16,
M&Bs 32.01 and 32.02 (Trizec Properties, Inc. AB91-10)(PLD)
This item was continued from the May 16, 1991 Commission meeting due to staff
error which required readvertising.
The app li cant is request i og an a 1 coho 1 i c beverage separat i on distance var i ance
for a new 2-COP alcoholic beverage license designation which permits on premises
consumption of beer and wine. This license designation is issued to establishments
with a minimum of 200 feet separation distance from a similarly licensed
establishment. The name of the proposed establishment located in Suite 150,
Clearwater Ma 11, at 20505 US19N, is II Big Easy Cajun II .
A question was raised regarding what conditions had been placed on the
granting of the conditional use and the variance for Schnickelfritz.
Public Hearina & First Readina Ord. #5090-91 - LDCTA relating to setbacks,
establishing standards for canopies - amending Sec. 136.006, Code of Ordinances
(PLD)
Under the proposed ordinance, the roof fascia of a freestanding canopy will
be allowed to extend to within 10 feet of property lines. Currently, no,portion of
the canopy is allowed to be placed within a structural setback: generally, this
distance is greater than 10 feet. The ordinance also restricts attached canopies
wh i ch penetrate setback s and property boundar i es in the Urban Center t North
Greenwood Commel'c i a 1 and Beach Commerc i a 1 d i stri cts , and increases the mi n imum
height of such canopies above street rights-of-way to 9 feet from 8 feet.
A question was raised regarding why the height of canopies was raised from
eight to nine feet. It was indicated this was due to a building code requirement.
Also in response to a question, it was indicated the Public Works Director would
have control over when canopies extend over a traffic area.
LDCTA - CreatinQ a low intensity industrial ZoninQ District to be called Research,
Development and Office Park District (PLD)
This proposed district would establish a new research development office park
zoning district, creating district size requirements, establishing permitted and
conditional uses, and establishing use limitations and dimensional and numerical
development requirements for this district. Supplementary conditional use standards
for several of the proposed conditional uses for the new zoning district would also
be established. This proposed district would be substantially less intense than the
current limited industrial district.
CCWS
5
6/3/91
(
1
j
I
!
~
I
I
I
i
\" ',., "'I:"t,,:,,":',.'" I:', ",,',,"',"'. 1.<'::.:~'::I'.< I......::,~.., ',.,..~.' .,, :Y'."',.:".~.
, ,:',",,'..:,' ,,\:.:, :' i ',,'.'.,~,,'.',.:: ,/" i,...',,'..,.,'.:.'..',.,'.'..:;.,~:.,':~:',:.':':::.':."..:::~..,,':,.:.:.,.,.'.:~.~: ..',.:.,.:,:.:.:;;..'~';.,::,::~ ~,' ",.'.'.'..',:,';:.' ";":':"';""'I.,,',',:'~""':":',':,l.'::,,:',,;,'.:,'::,:,,: :::.':,::,':.:.:;....,:':,....:':~,...,:,.:,i,~',,::',::,I,':;:.:.:..~,,'.'::.:.'._',;:. :I::':..."..,:,:.:.":l',..'..,~,:,"::,'.,.,.,..:,:",:...., :,'.', '.,:..,..,:...,~,',;,:,':,.:., ::.:,~ ;~')';""~ ',,':.:."..J::,..;,'~",'. >:" :':: ": ':.,,:C;"'; ': .', 'X" :<:' \.:'
',' ,>>; " '" ";',"" '::" '" "/ ' ' .' , ::" :" ,>; :;:';:/:,,(~":}','t,':::;;:;,\::i'(,,:,:'t:i<,
(1
..../
,',
"
"'" .,
, "
\/...
..:
I ,~ "
<\"
. ":,.
. ,'I
" .
"I "
;,1.::
,'"
'r' "
~ ,'"
"
~; ";"
.....
'.'
.: ~ ,i
'of..
(~1
, .
:::,:'
.1."
," .
, "
.,.....
"
~,,~. c
~. f,'
C':I.\:
.....
+'....
,;:",
.~: I
" .
.f,-
:, ':
,'1'
I " ~.-
::,:.:::,:,
. j"~
;';.' ,
" ' .~::
',(',;
.' ; I,
'{~;'"
. ~ 'e
: \ ~ ,:
,',
:<:....:
," -\
"
," .:'
....
.1": .'
. -/1:
. ~i"',
~
,,'
. -,:'
','
I'.'"
" ~ . I
" ,
.. '
,. '
'f' '
....: .
., ..
"
,.... . i
. . o.
'.
. ',I ~
.......
,"
.' .' .
";.,
.': ..~. : ~ :.
: ~.'.'," :.
r~:.\,:
The Planning Director reviewed certain requirements of the ordinance stating,
while the ordinance calls for a minimum two acre parcel in order to have this zoning
assigned, the ordinance does allow for the City Commission to determine that it is
appropr i ate for a 1 esser area. He; nd; cated cond i t i ona 1 uses wi 11 i nc 1 ude
res i dent i a 1 she 1 ters . He reported on some concerns of Mr. Rehm, who w ill be
applying for this zoning designation once it is in place. Mr. Rehm's concerns are
that the code states there can be no outside activity or storage, and that
currently, the chocolate factory in operation does store some supplies outside for
a short period of time.
. Concern was also expressed regarding the size of delivery trucks being limited
to that of a panel truck.
Consensus of the Commission was to leave the outside activity provisions as
they are, however. to change the delivery vehicle size.
Annexation, land Use Plan Amendment to Commercial/Tourist Facilities and CH Zoninn
for arts of lots 8 & 9 Blackburn Sub., located on the W side of US19N about 1,500'
N of Sunset Point Rd. Baker et al., A90-02)(PlD)
This request involves four adjacent parcels, total area of 2.99 acres. The
requested land use plan amendment does not involve a change in the Countywide land
use designation.
The properties involved in this annexation are bordered on the south by
Mountasia Fantasy Golf (Whiteco Industries, Inc.). They propose to acquire the
properties and develop them as an extension of their outdoor recreational
facilities. The southwest portion of the subject property is presently being used
by Ferrell Gas and has two above ground storage tanks on it. The property along
U.S. 19 presently has a gas station, auto repair shop, and a used auto sales
establishment. The north side of the subject property runs along the south side of
Bermuda Street and presently has two mobile homes on it. The remainder of the
property is unimproved, and is used for vehicle storage or is vacant. Whiteco
Industries, Inc. intends to develop the property upon annexation.
The City Manager reported the whole parcel owned by the applicant is slightly
over three acres. However, the annexation request is for an area slightly under
three acres, as the applicants do not wish to go through the State review. It was
indicated the City requested the whole parcel be brought in.
In response to a question it was indicated that, by going through State
review, it could delay the project as much as six months to a year. Concerns were
expressed regarding subverting the State law. It was indicated if the property is
not annexed, they can develop in the unincorporated area.
Informat ion was requested regarding what was on an adjacent parcel. A
question was raised regarding what the plans were for the property, and it was
indicated plans were to expand the current amusement center. Consensus of the
Commission was to place the, item on the agenda for receipt and referral.
CCWS
6
6/3/91
,. "It . ': ::.: "". .
..~". ,",' "'.~ ,'r"'<' ..... .~l:... ",' . 'i..',:. ..,.......::.~.. "':':.:'.~'.~:'::; '. .<~ "r, ." "(i~' :'oI.'.+~'I"'\~'" . .../.,',,' "," ~ " I '" '."/..' .,.:.~
~. . :::...., ':','. ;:~ ,.::':: : ",: : :';, '::.:~ ,~,,',,'.',',',' ~,..,::',:":,:,,,:,'\:,;,;',:,:,:',::".' ~.,':',,:,,:, ",,"~'.:, :', ; ,::,'. :,::",: .,:,,',:..:.',',:...,...'.':;:;.;.,.:::,','.':::,:';....:',.,:;~,,'.,':'.~. :",':::.'.',:.:,',.' '.',..,:.'"..'...'":,,.'~\:,.".:,',:;,.:,' :";,:,;'":,~,,, .' " " .. ': ~ '. ',' , .. " ',: I .,' 1 ',',: ',~ '.',.',: :.',),::;,:,:-'..':':,';,: .~ :">""'~'; ~'....,':,~~,:,',' ,',',~' .'::.'" " " ;:,;',: ::,','.,:'.,:,'.:';.:,':,.'..,,:,:,:~.: ':,::.~;:;' :"',,::,';::,:,:,:,:,;,::,',":;:".:',',:';':':!,'",.";,:,.,..:,.,:,,,.:~,,:...,:",','..,,',':.",""..:.,,:'.:, ,I',',
.",. . . , , , ',,:';>".,,~,:',"",~"":::"/:>" :'.(::,:,::.,:,;.:,::..:.':::;:"";'~";":':'.:':,,,'""..,",..'.;":.',.'_,,!~',:.:;,:,,\:,',,":,::',,,,',:",:.,:.,. ",.',:' :'. ",",': "::"",:':,.:.";','" "".,'I~ "':.::',',:'.:..:.',:;,,::,,::,.1.",':,. '..,,',:,',:', ','
~" .... .', '\;':};;::':"':'\~'\:"~.<"';":/';':'" . " ,'," ",;;":~
, The Planning and Development Director indicated they had hoped to bring
forward an agenda item adopting a resolution which would allow the City to move
forward on its housing reconstruction plans in the North Greenwood area. He stated,
however, that an additional meeting is needed in the neighborhood due to concerns
being expressed that there was not enough notification regarding the initial
meeting. '
Sale of oropertv at 1570 TioQa Avenue to Melvin Hayes Brown and A. 01a Brown (PLD)
On December 20, 1990, the City Commission declared this property as surplus.
They directed sale of the property providing for owner occupancy after necessary
repairs are completed.
The property was posted and advertised for sale. One offer was received of
$15,000 which was within the range established by the appraisal. The purchasers
have agreed to occupy the house as homeowners.
This property was obtained in the foreclosure of a rehabilitation loan, which
is a currently inactive program. Proceeds from the sale will be returned to the
City's infi11 housing fund to be reinvested in community housing efforts.
Sale of property at 1388 Hibiscus Street to Dale and Laura Donohoe (PLD)
On December 20, 1990, the City Commission declared this property as surplus.
They directed the sale of the property provide for owner occupancy after necessary
repairs are completed. The property was posted and advertised for sale. The first
,';Il",) bid received which responds to the conditions expressed by the City Coromi ssion and
\ ,,;.;,j has the highest financla1 yield to the City was submitted by Dale and Laura Donohoe.
They have agreed to occupy the house as homeowners, with a purchase price of $45,000
with no real estate commissions.
'1
The house is in a good location with a large lot, however it is in fair
condition and will require'repairs enumerated by the Code Enforcement Division. A
back up contract from Mr. Stern Jorgensen was also accepted in the event the first
contract does not close.
This property was obtained' in the foreclosure of a home rehabilitation loan.
Proceeds from the sale will be returned to the revolving loan fund.
. In response to a question, it was indicated there was no time limit as to when
the owner would have to occupy the residence. It was indicated that if the City
were actually financing the sale, there would be some sort of restriction; however,
this is being handled through private financing. .
'~
CCWS
7
6/3/91
. ~'t.' .',
')
. '. '; ~
,
"
,'J'
" '
'.
<'1'
II .:
.;.j
I,',t
("r,"'>tl
. t.<:'~
"
>~ :
.. ,~
',1:-'
;/."
-J,.
" "
;',...'
~ ;
1
. ;::
.'
. . ~
.,:\.
,::':'.
.,
~ .' ~.
I, ".1
.~:-
',I'T
u
,"'<:
','I
,
. ~, ,'.
" ,"
",.
I,:
:.' i,',
, .'
'.'
.1,,1:
, ,.1" \
. . . ," .... c",' " . \' . . ,""',,' . ,,:,1 ".: ".; ,'.~" L . .,..:,:,',.., ". :'. .,i. ~:" ".' ." I " "~',' . I, .', ,
". ,] I ",,',..,..., .. I" . ' I,. ;.,'..' ,",',',,',,'\., ",., ,.. .,\ .
;:;'."-:":" ",':::,:"',;,;,:' ..<->:!:.:'.. "
)',;",:.;":,'" ,<<...:.:,'.. ;':: .:,: ~.'~l;:'~';:":::-'\':;':'L ~ :,'. ?,\~<{\> "'.":~":.::,.';:.'.":',.;',,:,,:::::'.:' ;,':,," '-:,:,: ::'>":~" <':>':;:": :'.~'i":: . :; "':~ "<,'. "':':".',:', ~'..~."',::,'",'.,)!,'",
. ' . ',' . -I', I', . . , J ~ ,. . .: i , . .~., -: :,.., :: . ~ .: '. . I..... . . '
.' . ..~~ '......"..' " ' " .'. :., ~..:'"~:.::,..,:,.~.:,,.,..,',.",..,,'
,.", , ",', ,',::,.~<..,::.'".:,:.':..:~,.. ... ,I'" ~; """~ .' ,'Lt; " ~ '. .~. . ,"( ". .
',".', ., ..~. . 0' . I. d. " . ".' . ..l:-, :..::'..'......~
. ..... . ... . '.' "
. The Mayor expressed concerns regarding a letter from David Healey, Executive
Director of the Pinel1as Planning Council (pPC), which seems to indicated that the
,City and the PPC are still in disagreement as to the provisions of the countywide
plan. Concerns were also expressed regarding the need to go forward with the
Interloca1 Agreement which would allow the City to place enclaves in its planning
district.
The Planning and Development Director indicated he would be coming back to the
City Commission on this item.
Ordinance #5104-91 - Amendment to cruisinQ ordinance
The City Attorney indicated he discovered a glitch in the ordinance where the
definition of cruising and the number of times a person is allowed to make the
circuit before being cited are in confl ict. The amendment wi 11 correct that gl itch.
Settlement of Reservoir No. 2 Contract Dis ute - City's payment to two
subcontractors totaling 85,959.35 W.E.D. Contractors, Tampa Armature Works, Water
Resources Corp., et al.)
For the past several months, staff has been negotiating the settlement of
claims by and against the City, the City's contractor, the surety company and
severa 1 subcontractors I all re 1 at i ng to the contractor I s fa i 1 ure to comp 1 ete
modifications to Reservoir No. 2 under a contract entered into in 1988.
The City terminated the contract in 1990 and has been holding $111,563.20
against which we have claimed liquidated damages in the amount of $32,200.00, due
to the delay between the contract completion date and the substantial completion
date (161 days at $200.00 per day)..
Ordinarily the City would have paid the contractor when the job was completed
and the contractor would have paid the subcontractors. In this case, the City held
the unpaid balance of the contract because the contractor never finished the job.
Claims of nonpayment from the subcontractors were heard before the contract was
cance 1 ed. The c 1 a ims by the subcontractors tota 1 s 1 i ght ly more than the amount he 1 d
by the City before the set-off for unliquidated damages.
A settlement has been reached which proposes: 1) the contractor will be paid
nothing further; 2) the City will pay two subcontractors directly, Water Resources
Corporation will receive $47,202.64 and Tampa Armature Works will receive
$38,756.71; 3) the surety company, MCA, will pay $3,000 to each of the above named
subcontractors (MCA ha s a 1 so pa i d $4,200 to another subcontractor who is not a party
to these proceedings); 4) our engineer, Briley, Wild & Associates will pay $1,135.16
to each of the above named subcontractors; 5) The agreement includes releases by the
various parties of the other parties, except the surety company will preserve its
indemnification claims against the contractor and certain individuals. The
contractor and the surety company will continue to indemnify the City against a
potential claim of $2,143.65 by another subcontractor who is not a party to these
proceedings, if the claim is asserted and is valid. The City will in effect, retain
$25,603.85 as our liquidated damages.
CCWS
8
6/3/91
::..>,,:: ;,:,:;.',,,' ;..', "":'(:',::::~:~: .'::.':' .'::"
.:'~ 'J . .
',"
".tl'I'"
~:
'.",1
I': I
"/.
fl. '
i....:
.', '
. ;. ..:. ~. '
.. .' . ,"
,...., ....
'.11
,1J",'
,
\ ..
,"" ."
.,:-
. (
:, ,':. ;"!
. '..
!
I
I
l.
I.
~
" ,
.'
.~. ~.
~ ~ .
r', .
1:'
,'.
1.'
. ,
", "
'.'
:'.;
,.,:
.. ~
, ,
"
....,.
" ,
.',,'
I.:
.p ,-,
:~: ~.
'"
~ < > j
"'lJt\
( .,:.J
. ~
,'.
'>' ~
:.~.:~ I .
,:,'/
.'/.
I'"
. :,'
.~. .,'
.: ",
.....j
, q
;'.I/.~:.
" j
:'l':
. .,., ~ :i :
-.:\;
~
-1".
~.: ",
I','
, ....
.'... :',
'.',i",..
....
:., ..
'\..
-::. '.
"I . : ; . . I'~. : ',:_, I; :. .'
I . ~ ., ," .. . '; I ~ /'1: ',. t"" . . . " . . I. '.'".1 ., ' ,', ,',' . , '. I ! . . " :, '" ..' c
..:;.:....:, :.,'" '.::'..:" ..;" :,'. '.' ',;,:,":',':..>:. ',,' ,;,,<,'.':..'.(:...... .'.~;' '" ",',1:.:... ;', .:',
.'. , ' , . ,.. ,'. ,",' .' : . :'" >,::.,;' "...., "",.". ,,' . , ,.,' , ' : '... 'i" , ' '..., " . :0 ' \
. ( '. .,;",.,. .,;, "".' ""( >i,;:":'{ ';:'::,2'.::,,";"'.,:/,..:, ; :"'{~;"?'.'.'~'= ':ti,~::;,:' .,);:,;.......; .'.. ..'.:';: "'!'. i....
Paragraph five of the settlement agreement calls for Water Resources
Corporation, a subcontractor, to obtain a release from Peerless Pumps running in
favor of Water Resources Corporation, the contractor, the City, our consulting
engineer and the surety company. Peerless Pumps was the supplier of equipment to
Water Resources Corporation and was not in privity of contract with the City. To
the best of our knowledge, Peerless Pumps may have a claim against Water Resources
Corporation for approximately $56,000. Water Resources Corporation has indicated
they are unsure that they can obtain the release from Peerless Pumps. It is not
clear that Peerless Pumps has a good lien or that the City would be exposed to
additional liability. Therefore, the City Attorney requests approval of the
proposed settlement agreement as written with the understanding that a release be
obtained from Peerless Pumps by the contractor or by the surety company but also
authorize the City Manager and the City Attorney to agree to any modification
providing for a suitable alternative to a release which will protect the City from
any further liability.
The City Attorney indicated the contractor did not finish the job, and this
settlenlent has been in negotiation for some time. He stated we have now reached an
agreement that is acceptable to everyone.
Verbal Reports
The City Manaaer requested that Commission members wishing to attend the
Florida League of Cities conference in Tampa in August let his office know this
week. '
He requested permission to add an agenda item to Thursday night's meeting to
transfer monies needed to fund the acquisition of property. Consensus of the
Commission was to do so.
The City Manager reported a special meeting is being scheduled for 4:00 PM on
Thursday for the City Commission and immediately following, a special meeting of the
Community Redevelopment Agency. The purpose of the meetings is to make a bid on the
Maas Brothers property. He reported Friday will be the last day to make a bid and
that, after this meeting, the bid will be Federal Expressed to Allied. He further
reported that the building appears to be heavily mortgaged, and the assessed value
is $4.5 million.
He reported 6,000 tons of yard debris have been collected from the April 25th
storm. He stated we are about finished with the need to use other cities to help
collect the debris.
The City Manager reported that in connection with the 440 West noi se
complaint, the Police Department is vigorously enforcing noise ordinance violations.
He stated the corporate individuals involved with the Adams Mark are indicating they
want to address the problem. It was indicated 440 West also needed to see what they
could do to baffle the noise as the 440 West building configuration may be causing
some of the problems.
CCWS
6/3/91
9
I,
, '
. '",
~ ".'. .
, I: '.
",' I" .
. ~ ','
"
C,. ..
t' . ,-
","." .
/: '
" ..,... :'
'"', ",' 'l.~>:~<':'~": ~ .
... ':: .:. ';' ,,:."~~>': t,,:'"' <.'.
,',' .\: '<.'.'
,I,':,....
. . . '>:.
. . :~., }. . I. ... ~ '~' ': . .
',.',
; i
.. .
.~
.'.H"
\tlo'
o
'.
Kathy Rice. Deputy City ManaQer, indicated that while the Governor has vetoed
Senate Bill 2000, having to do with implementing the mandate legislation, it has
been stated there wi 11 be efforts when the Leg i s 1 ature comes into sess i on on
Thursday to override the Governor's veto. It was indicated many of the Legislators
are unaware of the municipalities' opposition to Senate Bill 2000: they need to be
made aware of it, and a letter is being sent.
Other Commission Action
Commissioner FitzQerald stated he had been informed the County will consider
an amendment to their traffic circulation policy in the comprehensive plan that will
require construction to begin on needed roads within three years, whereas.
previously it had been one year. He questioned whether or not we wish to take a
position. It was indicated it was believed our plan already had something close to
the three year requirement, but this will be investigated.
Mavor Garvey questioned a letter from the Sports Authority regarding the
reappointment of Allen Lewis. The City Clerk indicated she would be preparing an
item. The City Manager indicated that, due to activities in the area, this
appointment should be looked at more carefully.
The Mayor questioned what response was being made to the letter from the Del
Ora neighborhood regarding traffic problems. It was indicated these were being
investigated. A response will be developed.
The Mayor expressed some concerns that there were some items recommended in
the letter that she did not wish pursued.
,Commissioner Berfield requested the status of the Alan Stowell sewer line
problem. It was indicated the City Attorney will be meeting with Mr. Stowell's
attorney the next day and he will report Thursday if there is anything to report.
Commissioner Berfield questioned whether or not we use diesel fuel in
ambulances in Pinellas County; and it was indicated that we did.
Mayor Garvev requested parking on the sidewalk in front of the old Fort
Harrison Hotel be monitored.
The meeting adjourned at 11:07 a.m.
CCWS
10
6/3/91
;,', I',. .,'r
I
\
[
f
I
t