11/06/1986
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November
6,
1986
The City Commission of the City
the City Hall, Thursday, November 6,
members present:
of Clearwater met in regular session at
1986, at 6 :00 p.m., with the following
Kathleen F. Kelly
Lee Regulski
James L. Berfield
Rita Garvey
Don Winner'
Mayor-Commissioner
Vice/Mayor-Commissioner
Commissioner
Commissioner
Commissioner'
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
ijilliam C. Baker
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Public ~orks Director
Planning Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was given by Reverend Finklea, Skycrest United Methodist Church.
In arder to proYl<1e continuity tor research. the 1te118 v:1ll be listed 1m agenda
order altboogh not n~sarny disoussed in tbat crder.
III - Service Pin Awards.
One service pin and one 3D-year pin were awarded to City employees.
IV - Introductions & Awards
City of' Clearwater P'inanoe Dept. received the cert.1t'1oate or
Conror.ance in FinA~1a1 Deport.ing Award rrom the Municipal Finance Officers
Association.
Proclamations:
Hospice MoIittl: ~ ovember, 19a6.
routh I.ppreaiatloD Week: NO'lember
Good Life Gaaes Week: NO'lember 15-22,
9-1 5 , 1986 .
1986.
v - Minutes of
of October 30,
the Regular Meeting of October
1986.
16,
1986 and Special Meeting
Commissioner Garvey moved to
145: Clearwater Beach adoption of
and police staffing. On page 309
Commissioner Berfield moved to approve
appropriate officials to execute same.
unanimously.
amend the minutes of October
reoommendations for parking,
16 , 1986, Item
special events,
the motion should be amended to read:
staff recommendations and authorize the
MOtion was duly seconded and carried
(Boole 38)
327.
11/06/86
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Commissioner Garvey moved to approve the minutes of the regular meeting
of October 16, 1986, as amended, and the Special Meeting of October 30, 1986,
as recorded and submitted in wrltten summation by the Clerk to each
Commissioner. MOtion was duly seconded and carried unanimo~sly.
. ,
VI - Presentations, Oath of Office
A) 5 Police Officers were administered the Oath of Of rice by tne City
Clerk.
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a) 3 Firerighters/Paramedics were administered the Oath of Office by the
City CIerI<.
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VII - Citizens to be Heard re Items Not on tbe Agenda.
Roy Miller of Island Estates expressed opposition to the current Marine
Science Center proposal stating the current proposal was not what was approved
by the voters at referendum. He requested tbe referendum be voided.
Bob Bickerstarfe expressed support for the Marine Science Center and
requested a chance be given to them to work on the project.
VIII - Public Hearings.
Item '9 - Public Hearing &.First Reading, Ordinance 4297-86 - Vacation Request
of 3.5 ft. or the W'ly 10 ft. Utility gasement, less the N'ly 7.5 ft. - Lot
10, Blk. 4, Beckett Lakes Estates, Sec. 1-29-15. (Johnston) V 86-22 (PW)
The applicant's pool and decking encroach 3.5 ft. into the easement. The
City does not have utilities in the subject easement.
The request has been reviewed by various City departments/divisions and
the three utility companies and there are no objections.
Commissioner Berfield moved to approve vacation request 86-22.
was d~ly seconded and carried unanimously.
IIotioo
The City Attorney presented Ordinance 4297-86 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4297-86 on first
reading. Motion was duly seconded. Upon roll call tbe vote was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item 110 - Vacation Request of existing right-of-way of 1st Ave. West - lying
E of ~ots 6 & 7, Block a, Belleview Ct. Sub. and lying W of Seaboard Systems
Railroad ROW. (Luke) V 86-20 (PW)
The City currently maintains a 6" water line and a 6" sanitary sewer force
main in this ROW. The Public Works Dept. recommends the ROW adjacent to Lot 7
also be vacated since it is no longer needed for street purposes.
(Book 3B)
328.
11/06/B6
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The request has been revie~ed by various City departments/divisions and
the three utility companies and there are no objections.
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Bob and Kelly Luke, owners of the property, stated they are requesting
this vacation to insure access to their driveway and garage. At the
present time, they must cross the right-of-way to get to their garage.
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One citizen spoke in support of the vaoation request stating the City has
not used the right-of-way in 28 years.
Commissioner Winner moved to approve the request, subject to it being
retained full width as a drainage and utility easement, and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item n11 - Authorization to Transfer Easements required by the Florida Dept.
of Transportation (DOT) for improving US Hwy. 19; Resolution 86-73 -
Authorizing the conveyance of certain ROW easements owned b~r thE! City, adjoining
the existing ROW of S.R. 55 (US Hwy 19), to the DOT - the E 40 ft. of the SE
1/4 of Sec. 31-28-15, the E 40 ft. of the E 1/2 of the SE 1/4 of Sec. 31-28-15,
and the SE 1/4 of Sec. 30-28-16 for a roadway easement. (PW)
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The State of Florida DOT has requested the transfer of three City of
Clearwater ROW easements which are located on U.S. 19 and are required in the
improvement program for US 19.
The DOT has agreed to accept the reservations of certain rights on the
easements which are a part of the proposed Quit Claim Deed.
The loss of the easements, ~ith the rights reserved, should not seriously
affect use by the City.
Commissioner Garvey moved to pass and adopt Resolution 86-73 declaring
the property surplus and authorizing transfer to Florida Department of
Transportation, and to authorize the appropriate officials to execute sane.
Motion was duly seconded. Upon roll call the vote ~as:
"Ayes": Garvey, Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item n12 - Declare surplus City owned property required by DOT for widening
S.R. 60; Resolution 86-14, Authorizing Execution of Quit Claim Deed to DOT
for conveyance of ROW easements to S.R. 60, Myron A. Smith Sub., Tract B. (PW)
The State of Florida DOT has requested a small strip of City property
located on the south side of Gulf-to-Bay Blvd., at the west end of the north
boundary of the East se~age treatment plant property.
The loss of this strip of land will have no discernible effect upon the
value or use of that remaining and will facilitate the S.R. 60 widening.
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(BOOk 38)
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11/06/86
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Commissioner Gar
the property surplus
and to authorize the
seconded. Upon roll
ey moved to pass and adopt Resolution 80-74 declaring
nd authorizing transfer to Florida Dept. of Transportation
ppropr late officials to execute same. Motion.JJ.s duly
all the vote was:
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Berfield, Regulski, Winner and Kelly.
"Ayes":
"Nays" :
'.i
Item 113 - Second Rea
Vir inia Groves Estat
approx. 100 ft. S of
Ordinance 4273-86 - Annexin Lot 13 Blk. 10
s 1st Addn.; located on the ~ side of Pineapple Lane,
aval Drive. (Cicotti, Eisenhauer-PH 8/21/86) A 86-22 (C~)
The City Attorne
it by title only. Co
4213-86 on second and
to execute same. Mot
presented Ordinance 4273-86 for second r'eading and read
issioner Regulski moved to pass and adopt Ordinance
final reading and to authorize the appropriate officials
on ~as duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner and Kelly.
lI~ays":
Item ~14 - Second Rea in Ordinance 4274-86 - Zonin Atlas Amendment. RS-6
Single Family Reside tial) fo~ property annexed in Ordinance 4273-860 A 86-22
The City Attorne presented Ordinance 421~-86 for second reading and read
it by title only. Co issioner Winne~ moved to pass and adopt Ordinance .
4274-86 on second and ~inal reading and to authorize the appropriate officials
to exeoute same. Mot on was duly seconded. Upon roll call the vote was:
"Nays" :
Berfield, Regulski, Winner and Kelly.
"Ayes": G
Item #15 - Second Rea~ing. Ordinance 4286-86 - Land Development Code ~ext
Amendment Sees. 135.086 135.092 and 136.025 to establish conditional use
standards to allow co ercial or trade schools within the OL (Limited Of~ice)
and OG (General Offi e) zoning districts. (CA)
The City Attorn~y presented Ordinance ~286-86 for second reading and read
it by title only. Cdmmissioner Winner moved to pass and adopt Ordinance
4286-86 on second an final ~eading and to authorize the appropriate officials
to execute same. Mo ion was duly seconded. Upon roll call the vote was:
"Ayes" :
Berfield, Regulski, Winne~ and Kelly.
"Nays" :
Item 116 - Second Re Ordinance 4292-86 - Amendin Sec. 22.21 Code of
Ordinances to reduce membership of the Beautirication Committee from eleven
(11) to nine (9) roem ers. (CA)
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(Book 38)
330.
11/06/86
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Commissioner Garvey moved to amend Ordinance 4292-86 on page 1, Sec. 22.21,
Code of Ordinances to delete the existing sentence and substitue the following:
"The beautification committee shall be composed of nine (9) members who shall be
residents of the City." Motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4292-86, as amended, for second
reading and read it by title only. Commissioner Regu1ski moved to pass and
adopt Ordinance 4292-86, as amended, on second and final reading and to
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Garvey, Berfield, Regu1ski, Winner and Kelly.
"Nays": None.
Item 117 - Public Hearing and First Reading, Ordinance 4291-86 - Land
Development Code Text Amendments to Sec. 136.006, Setbacks and 134.012, Sign
Types; to provide for building projections over rights-of-way. (PUO)
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The Land Development Code presently limits the extent to which canopies,
awnings, marquees and other building features can project into setback areas
from streets. Such items are not permitted to project over street rights-of-way
without first obtaining the approval of a variance.
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The ordinance proposes that there be no limitations imposed on how far
these projections can extend into the street setback, and that these projections
be permitted to extend over street rights-of-way where neither pUblic safety
is jeopardized nor use of the right-of-way is compromised.
The Development Code Adjustment Board recommended only cloth or non-rigid
canopies or awnings be allowed to project over the rights-of-way. They also
recommended that signs not be allowed on marquees that already extend over
rights-of-way. Staff does not recommend these modifications to the Ordinance.
The City Attorney presented Ordinance 4291-86 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4291-86 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Garvey, Barfield, Regu1ski, Winner and Kelly.
"Nays": None.
Item #18 - Public Hearing and First Reading, Ordinance 4265-86 - Land
Development Code Text Amendment, Sec. 136.022, Design Standards for parking
lots, and permanent surfacing requirements for unenclosed vehicular accessways
and driveways; deleting the requirement that grass parking surfaoes shall be
il"rigated. (CA)
The City Attorney presented Ordinance 4265-86 for first reading and read
it by title only. Commissioner Garvey moved to pass Ordinanoe 4265-86 on first
reading. Motion was duly seconded. Upon roll oal1 the vote was:
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(Book 38)
331.
11/06/86
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"Nays": None.
CITY MllIAGEll REPOBTS
IX - Consent Agenda - Approved as submitted.
Bids & Contracts - Approved.
Item 119 - Air Conditioning System for Me~orial Civic Center - Southeast
Mechanical Services, Tampa for $48,843. (CS)
A question was raised regarding the time fra~e for the installation of
the air conditioning in the Memorial Civic Center. John Peddy, Energy Officer,
stated the installation should take place in approximately two weeks and will
take three to four days to complete.
Item 020 - Books - Purchase as required from Ingram, Inc., Tampa, FL
estimated $70,000 for FY 86/81. (LIB)
Item 121
Computer Equipment - CSLI, Inc., West Newton, MA for $51,600. (LIB)
Item #22 - Outdoor Light Fixtures (14) ~ Consolidated Electric Supply, New
Port Richey, FL for $11,815.72 (less 2' discount). (PR)
Item 123 - Grit Removal Unit (WEMCO Model 1000 less 10" cyclone) - Ellis K.
Phelps & Co., Orlando, FL for $13,228. (P~)
Item D24 - A.B.S. Pumps (2), for Lift Station #15 ~ Technical Sales Corp.,
Tampa, FL for $9,228.60 including accessories, start-up and freight. (PW)
Item 025 - 1986 Sidewalk Construction Contract - Aubrey T. Moorefield Paving
Co. for $96,674.50 (PW)
Item 1-26 - Chain Link Fence - Smith Fence Co., Clearwater for $8,329.14
including installation. (PW)
Item 127 - Paving, Drainage and ROW Improvements (various locations) (86-45)-
Raff Engineering and Construction, Inc. fo~ $58,300. (PW)
Item #28 - 1986 Water Main Replacement Contra~tt Phase III (86-58) - Carpat
Paving Co., Inc. for $272,190.00 (PW)
Item 129 - Propane Gas - Warren Petroleum Co., Tampa, estimated $40,000 for
120,000 gal. for 12/1/86 thru 11/30/81 (priced at prevailing market
conditions). (UT)
Item 130 - Computer Equipment for Sanitation Division - Burroughs Corp.,
Tampa, FL for $10,252.00 (UT)
Item D31 - Word Processing Equipment for City Clerk's office - Burrough's
Corp., Tampa, FL for a total cost of $24,243.86. eCC)
(Book 38)
332.
11/06/86
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CbaDge Ordes-s - Approved.
Item 132 - c.o. #3, Northeast Anaerobic Digestors (CL 83110-2) - $+10,103.00
for a new total of $1,455,489. (PW)
Item 133 - c.o. H1 and Final, Clearwater' Beach Drainage (86-4) Carpat Paving
Co., Inc., Pinellas Park, FL $-15,934.11 for a new total of $86,018.33. (PW)
,
Item #34 - C.O. 12, Pump Station Modification, Island Estates Water & Force
Main Replacements - Raff Engineering & Construction, Inc., $+7,250.00 for a
new total of $105,957.45 (PW)
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Citizen & starr Requests - Approved.
Item #35 - Kahlua Cup Race - Waiver of Pier 60 general admission fees from
9:30-11:00 a.m. on Saturday, November 8, 1986, to permit spectators to view
start of race. (MR)
Plans & Plats - Approved.
Item 136 - Preliminary Site Plan for the Commons - M&B 44.01, Sec. 7-29-16;
located on the W side of US Hwy. 19, N of Drew St. and S of the City owned
baseball fields. (The Sembler Co.) PSP 86-35 (PUD) - review and authorize review
of final site plan with final action by the City Commission subject to the
fallowing conditions: 1) Ver'ification of the assessed just value of the property
and most recent sales price shall be submitted prior to review of the final
site plan; 2) The required parking lot interior landscape areas shall be
depicted (by shading or cross hatching) on the final site plan prior to review
by the DRC; 3) The site plan shall not be certified and no building permits
shall be issued for the proporty prior to final approval by the City Commission
(2nd reading, ordinance) of the annexation/zoning and land use plan change;
4) The site plan shall be revised to be in compliance with the minimum setbacks
required in Sec. 135.131 or shall obtain approval of variance(s) prior to review
or the final site plan by DRC. (Note: the building labeled Major Dept. store
"D" with connected shops is proposed to be built without a setback at the
proposed easterly property line abutting the Kane's Furniture property);
5) The applicant shall either submit a statement of authorization and/or
easement from the owner of the Kane's Furniture site permitting the proposed
parking area for The Commons project to encroach on the Kane's Furniture
property or the site plan shall be revised indicating no encroachment, prior
to review of the final site plan by the ORC; 6) If the vehicular area off Old
Coachman Rd. located on F.P.C./ROW is to be included as a part of the site
plan, a statement of authorization and/or easement from F.P.C. shall be
submitted permitting the use of this vehicular area by The Commons project,
prior to review of the final site plan by DRC; 1) Access shall be limited to
one point from each adjacent right-of-way unless additional access points are
determined necessary by the Traffic Engineer; 8) The applicant must coordinate
with the Environmental Office the proper location of islands to save trees,
correct species to be planted on site, planting for littoral shelves in
detention areas and future AL/I zoning of all original wetlands on site; and
9) The 50-year flood plain bowldary line and other drainage information required
by Engineering be shown on the final site plan for DRC review.
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11/00/86
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Receipt & Referral - Received and referred to proper departments.
Item H37 - Petition for AnneKation and RS-8 Zoning of a .2 acre parcel - Lot
8, Blk. B, Clearwater Highlands Sub., Unit A, Sec. 2-29-15; located on the WW
corner at the inte~section of South and East Drives, E of Highland Ave.
(O'Connor) A 86-30 (PUD)
Item 138 - Petition for AnneKation and IL Zoning of 3.29 acres (2 parcels)
- M&Bs 34.36 and 43.011, Sec. 1-29-15; located on both sides of Hercules Ave.
approx. 375 ft. S of Calumet st. (Clark/Battle) A 86-31 (PUD)
Item H39 - Petition for AnneKation and RS-8 Zoning of a .70 acre parcel -
Lots 1,2&3, Blk. C, and Lot 18, Blk. B, Pine Ridge Sub., Sec. 10-29-15;
on the Nand S sides of Woodbine St. adjacent to Rollen Rd. and E of N.
Lane. (Lovitz, Turman, Jeffe~son, Hale) A 86-32 (PUn)
located
Betty
Item 040 - Land Use Plan Amendment from Comme~cial/Tourist Facilities to Medium
Density Residential and Zoning Atlas Amendment from CG to RMH for a 1.25 acre
parcel - the S 170 ft. of M&B 23.02, part of Green Acres Mobile Home Park,
Sec. 18-29-16; located on the N side of Gulf-to-Bay Blvd., approx. 300 ft. E
of Belcher Rd. (Keller Park Partnership I, Ltd./City) LUP 86-30, Z 86-18 (PUD)
Item H41 - Land Use Plan Amendment from Comme~cial/Tourist Facilities to Medium
Density Residential and a Zonin~ Atlas Amendment from CG (General Commercial)
to RMH (Mobile Home Park) for a..98 acre parcel - part of M&B 32.12, a portion
of Happy Trails Trailer Park, Sec. 18-29-16; located on the S side of Gulf-to-
Bay Blvd., apprOK. 750 ft. E of Belcher Rd. (Bruning/Englert/City) LUP 86-31,
Z 86-19 (PUD)
Item 042 - Land Use Plan Amendment from Low Density Residential to High Density
Residential and a Zoning Atlas Amendment from RM-8 (Multi-Family Residential)
to ~~-20 (Multi-Family Residential) for a .8 acre parcel - Lots 6-9, Blk. 2,
E.P. Merritt's SUb., Sec. 9-29-15; located on the NW corner at the intersection
of Garden Ave. and Seminole St. (Kirby) LUP 86-33, Z 86-21 (PUD)
City Attor'nay
AgeelleDts, Deeds and ~ents - Approved.
Item 043 - Authorizing Execution of Ag~eement for Sewer Lien for part of Lot
13, Pinellas Groves, Sec. 19-29-16. (Ken Lescalleet Ministries, Inc.)
Item 144 - Autho~izing Execution of Agreement for Sewer Lien, Lot 8, Blk. B,
Clearwate~ Highlands, Unit A. (O'Connor)
Item 145 - Easement for Public Sidewalk - the southerly 2 ft. of Lot 1,
Studebaker's Sub. (Republic Financial Corp. - Dunbar & Bard)
Item 146 - 10 ft. Water and Gas Main Easement and an Ingress and Egress
Easement for part of Sec. 8-29-16, E of U.S. 19, N of Drew St.
(Automanage, Inc.)
Item #47 - 40 ft. Drainage and Utility Easement fo~ part of Sec. 8-29-16,
E of U.S. 19, ~ of Drew St. (Autom.anage, Inc.)
(Book 38)
334.
11/06/86
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Item 148 - 5 ft. Wide Gas Line Basement for part of Sec. 22-29-15, B of
Missouri Ave., S of Jeffords St. (Searstown Partners Ltd.)
Item 149 - 10 ft. Water & Gas Main Easement and an Ingress and Egress Easement
for part of the NW ~ of Sec. 17-29-16, N of Gulf-to-Bay Blvd., W of Hampton
Rd., S of Drew St. (Gulf Bay Venture, a Florida General Partnership)
Item 150 - 10 ft. Water & Gas Main Easement and an Ingress and Egress Easement
for part of the NW ~ of Sec. 17-29-16, N of Gulf-to-Bay Blvd., W of Hampton
Rd., S of Drew st. (M.D.C. Assoc., 81A, Ltd., a Georgia Limited Partnership)
Item 151 - 10 ft. Water & Gas Main Easement and Ingress & Egress Easement
for part of the NW ~ of Sec. 17-29-16; S of Drew St., W of Hampton Rd., N of
Gulf-to-Bay Blvd. (M.D.C. Assoc., 81A, Ltd., A Georgia Limited Partnership)
Item 052 - Authorizing Execution of Quit Claim Deed to part of Sec. 1-29-15,
S of Sunshine Dr. (Campbell)
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Item D53 - Authorizing Execution of Warranty Deed for Nursery Rd. ROW; Lot
13, Pinellas Groves, Sec. 19-29-16. (Ken Lescalleet Ministries, Inc.)
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Commissioner Garvey moved to approve the consent agenda as submitted and
to authorize the appropriate officials to execute same. Motion was duly
seconded and carried unanDnously.
x - Other Items on City Manager Reports
Item 854 - Local Government Coalition for Equitable Energy Rates, cont. fro.
10/16/86 - City's share of fi~st year costs approx. $20,000. (CS)
The Objective is to establish a Coalition of Local Governments as a more
formalized organization with a prDnary mission of assuring fairness in the rates
assessed against the member go~ernments for energy that is not purchased through
the normal procurement process.
Advantages to the proposed plan are 1) energy rates and charges relative
to the needs and interests of member jurisdictions would receive constant
vigilance by a person skilled in the field; 2) a historical database would be
accumulated and maintained for conducting analyses and making projections; the
accuracy and soundness of the data would improve with each year and become of
exceptional value in refuting unwarranted requests for rate increase; these
data would also be very useful in advising members on their operation and for
both formal and informal intervention in rate cases; and 3) the potential cost
savings and cost avoidance for the member governments will be literally hundreds
of thousands of dollars annually.
Jack Schreve, Public Counsel representing the citizens of Florida in energy
matters before the Public Service Commission, stated he has worked with the
Coalition for four to five years and they have proved helpful. Although in
an adversary position with Florida Power, he has a good relationship with them.
Discussion ensued regarding whether another layer of bureaucracy is needed
and whether intervention is neoessm~1 in most rate increase cases. The
(BOOk 38)
335.
11/06/86
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possibility o~ the Florida League of Cities taking over this intervention
responsibility was also discussed.
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A question was raised whether the allocation of $20,000 is above what is
already bUdgeted and whether the actual proposed savings will materialize.
The City Manager stated even if the intervention procedure is not formalized,
the money is still spent on intervention proceedings. Tbe attempt
is to develop a statewide structure, and the formation of the Coalition is
the first step.
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Commissioner Winner moved to approve participation in the Coalition,
authorize the expenditure of up to $20,000 for City's first share of cost and
authorize the establishment of a Special Pro~am Project to account for
expenditures, with the provision that revaluation be made at the end of two
years and that a sincere effort be made to have the Florida League of Cities
take over this function, and that the appropriate officials be authorized to
execute same. Motion was duly seconded and upon the vote being taken:
Commissioners Garvey, Regulski and Winner voted "aye". Commissioner Berfield
and the Mayor voted "nay". Motion carried.
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Item #55 - Selection of a Consultant for the Gas Study to perform the 1986/87
StUdy of the Clearwater Gas System - R.W. Beck and ~ssoc. Engineers and
Consultants. (UT)
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A request for proposals was advertised in the Pinellas County Review on
August 29 and September 5, 1986. In addition, thirty (30) individual notices
were sent to known interested professionals. Eight (8) proposals were
submitted. Three firms were interviewed and R.W. Beck and Assoc. was
unanimously selected as the most qualified.
The consultant proposes to produce a report which will analyze the existing
gas system, compare its operation and ~inancial status with other gas systems
of a similar size, provide us with a future outlook for the system with
reoommendations for improvement and, if required, will perform a system
appraisal and valuation.
Discussion ensued regarding the Budget Advisory Committee's request that
an evaluation of the market value of the gas system be made before a consultant
is engaged to do this study. The administrative inter~und charges were also
disoussed as being responsible for 'the excessive costs shown.
Commissioner Garvey moved to approve the request, with the understanding
that the gas consultant will meet with the Commission and the administrative
inter fund transfers will be reviewed by the Budget Advisory Committee, and that
the appropriate officials be authorized to eKe cute same. Motion was duly
seconded and carried unanimously.
Item 156 - Clearwate~ Countryside Branch Library Construction Grant Matching
Funds, Resolution 86-16 (LIB)
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Letter of Intent for branch library construction through Title II of the
Library Services and Construction Act was submitted to the State Library of
Florida. Grant awards will be made according to several specific criteria,
including availability of local matChing funds of $200,000.
(Book 38)
336.
11/06/86
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Resolution 86-76 authorizes the City Manager to file a grant application
under the Public Library Grant Program with the Florida State Library, Dept. of
State, on a 50~ matching share basis for local public library construction
project up to a maximum of $200,000.
Commissioner Winner moved to pass and adopt Resolution 86-76 and to
authorize the appropriate officials to eKecute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Garvey, Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item #57 - Architectural Recommendation for Clearwater Countryside Branch
Library - Jan Abell-Kenneth Garcia Partnership or Williams Architects. (LIB)
Five (5) firms were interviewed by a selection committee and rated by
current design concepts, responsiveness to library needs, consultants, community
work, women and minorities, and awards.
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Jan Abell-Kenneth Garcia Partnership rated highest and are recommended
for new design; however under the terms of the Competitive Negotiations Act,
the City retains the right to exactly duplicate Clearwater East which has proved
a good working library. Negotiations for an exact duplicate design from
Williams Architects Chartered is projected to save funds in the Design
Development Phase or approximately 30% of architectural fees and project cost
of approx. $35,000.
The City Manager explained why the Citizens Selection Committee was not
advised regarding the option of using the same design as the Clearwater East
Branch Library. He explained staff did not wish to influence the committee
in their ranking of architectural firms.
Discussion ensued regarding the advantages of using the existing floor
plan and the need to stay within the current amount bUdgeted for the Countryside
Branch Library.
Jan Abell, Abell-Garcia PartnerShip, stated their firm felt the Countryside
site was sufficiently different from the East Branch Library site to require
a new design to meet those needs.
Commissioner Garvey moved to approve the Jan Abell-Kenneth Garcia
Partnership recommendation to design the Countryside Library suited to the area
within the current budget constraints. Motion was duly seconded. Upon the
vote being taken: Commissioner Garvey and Mayor Kelly voted "aye".
Commissioners Regulski, Berfield and Winner voted "nay". Motion tailed.
Four citizens spoke in support of the new design concept for the
Countryside Branch Library stating the area requires a design that would be
aesthetically compatible with the area.
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Discussion ensued regarding requesting Williams Architects to submit a
new exterior design that would be compatible with the area.
(BOOk 38)
331.
11/06/86
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Commissione~ Regulski moved to rank Williams and Assoc. D1 and Abell-Garcia
Pa~tnership 42 with the condition that further negotiations with the architects
with regard to the consideration for design include a rende~ing of proposed
exterior design which would be submitted to the Selection Committee for their
recommendation to the City Commission for final approval of the contract and
that the appropriate officials be authorized to execute same. Hation was
duly seconded. Upon the vote being taken: Commissioners Regulski, Berfield,
Winner and the Mayor voted "aye". Commissioner Garvey voted "nay".
Motion carried.
The meeting recessed from 8:11 to 8:26 p.m.
Item 158 - Establishing Standby Charges for Fire Protection Systems on Private
Property, First Reading, Ordinance 4300-86, and amending Sees. 50.05 and 52.14,
Code of Ordinances, to clarify customer and City positions or responsibilities
in the respective areas. (UT)
The City currently provides continuous standby water service for numerous
private fire sprinkler systems and fire hydrants connected to water distribution
systems on private property. Since these facilities are generally only used
during emergencies, tbey are unmetered. The City has requested and received
easements for many of the water distribution systems on p~ivate property; and
consequently, is responsible for the maintenance of these facilities as well
as that portion of private fire sprinkler connections in public right-of-way.
The City presently assumes all costs for the repair and maintenance of
such facilities in easements or right-of-way as well as the daily operating
costs associated with providing this continuous service. The develope~ pays
tap fees and/or impact fees for his share of the infrastructure cost; however,
owners of these private facilities do not pay for the ongoing eKpenses the City
incurs for providir~ and maintaining these services.
The standby charges were developed to help defray some of the City'S costs
by charging owners of these private systems a minimal monthly charge. Since
emergency repair work cannot be anticipated, these charges cannot be compared
to actual expenses. However, they are comparable to the Pinellas County charges
for unmetered private fire protection facilities.
The City Attorney presented Ordinance 4300-86 for first reading and read
it by title only. Commissioner Garvey moved to pass Ordinance 4300-86 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Garvey, Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item 159 - Parks & Recreation Advisory Board - Appointment (1 member).
Commissioner Garvey moved to appoint Norma Soukup. Motion was duly
seconded and carried unanDnously.
(Book 38)
338.
11/06/86
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Item D60 - Final Site Plan for the Clearwater Beach Hotel Building, with a
Transfer of Development Rights - Clearwater Beach Resub.; vacated portion of
Ambler St.; Lots 1, 10 and a portion of Lot 9, Millers Replat; and Lots 1-5
and 49-52, Clearwater Beach Park Sub., Sees. 8-29-15 and 5-29-15; located on
the W side of Mandalay Ave., N of Baymont st.; the W side of Gulf View Blvd.,
S of Baymont st.; and the E side of Gulf View Blvd. approx. 100 ft. S of
Baymont st. (Hunter) PSP 86-9 (PUD)
The existing development includes 138 hotel units on the principal property
located on the W side of Mandalay Blvd.; a 20 unit four story structure on a
non-contiguous parcel (separated by the main site by Baymont St. ROW) on the
W side of Gulf View Blvd.; and a 22 space parking lot on a non-contiguous parcel
on the E side of Gulf View Blvd.
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The current plans are to demolish the existing 59 unit main hotel building
and replace it with a new 60 ft. high (5 story) hotel building containing 59
rooms. Parking is proposed on the first level. The total number of units after
construction will be the same as now exists. The site is currently
nonconforming due to density, parking and other features of the land and
development; therefore, it is necessary for the applicant to acquire a transfer
of development rights from the OS/R property to the CR-28 portion in order to
attain the total number of units. Additional parking spaces are being added
to meet current parking requirements for the new 59 unit addition. The proposed
entrance area of the property will provide a through front entrance drive from
Mandalay Ave. to Ambler st.
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A question had been raised regarding verification of ownership of the beach
property in front of the hotel. The City Attorney stated he has not conducted a
formal title search of the property, but is satisfied with the documentation
received from the owners regarding ownership.
Harry Klein, Attorney representing the owners of the property, presented
a copy of a 1978 title insurance policy. He stated the City's concerns
regarding noise, etc. need to be addressed citywide by ordinance not on an
individual basis.
It was pointed out the project, as proposed, is less impactive than the
present building and that the owners have been cooperative with the City in
every respect.
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Commissioner Garvey moved to approve the final site plan for the Clearwater
Beach Hotel subject to the following conditions: 1) A covenant be filed with
the clerk of the circuit court recording the transfer of development rights
as approved by the City Commission, such covenant to run with the land, prior
to the issuance of a building permit; 2) A unity of title, as provided for in
Sec. 137.0065 of the Code, be recorded on all properties listed in the legal
description, prior to the issuance of a building permit; 3) The developer work
with Public Works Dept. regarding the elevation on the entrance drive and
berming in the right-of-way at Mandalay; 4) The developer work with the Traffic
Engineer to minimize the ingress/egress and internal traffic flow situation
on the property; and 5) The requisite initial building permit be procured within
six months from the date of certification of the final site plan and all
requisite certificates of occupancy be procured within two years from the date
(Book 38)
339.
11/06/86
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of issuance of the initial building permit.
carried unanimously.
Motion was duly seconded and
Item 861 - Agreement fo~ Annexation of a 15.26 ac~e parcel - a portion of
M&B 43.01, se ~, Sec. 32-28-16; located on the E side of Soule Rd. (Third St.
approx. 650 ft. N of Union St. (Stevens Designer Homes, Inc.) ATA 86-20-283
(PUD)
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The vacant parcel is not contiguous to the City limits and therefore is
legally unable to annex.
The Land Use Plan classification is Low Density Residential. The property
owner plans to subdivide the property into 29 single family residential lots
with a minimum lot size of approximately .37 acre. The owner is entering into
the agreement with the City in order to receive City water and sewer service.
A question had been raised regarding the size of the property given to
the City by the applicant. The Planning Director stated the size of the
property given to the City is 5 acres.
Commissioner Garvey moved to approve the request and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item 162 - Annual He ort on the Develo ment of Re ional Im act of Park Place
Metro Development Corp.) (PUD)
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On September 1, 1983, the City Commission adopted a Development Order for
the Park Place project, a development or regional impact, a development of
regional impact (DRI) Section 5, Administration, of the Development Orde~
requires that an annual roport be submitted by the developer to the City.
The report is accurate and sufficient in providing an account of the past
year's prog~ess on the Park Place project. To date, the project has proceeded
in compliance with the terms and conditions of the Development Order.
Commissione~ Garvey moved to accept the third annual report of the Park
Place DRI. Hotian was duly seconded and carried unanDnously.
II - Other Pending Matters
None.
XII - Verbal Reports
The City Manager reported PACf has received the 1986 Governor's Design
Award and the ceremony will be held November 18, 1986. He requested that one
of the Commissioners be available to attend if invited. Commissioner Berfield
stated he would attend.
The City Manager reminded the City Commission of the Graod Be-Open1ng
of the Rcrtb Gl-eemrood Branch L11rarJ' on Sunday, November 9th at 2 p.m.
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(Book 38)
340.
11/06/86
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CITY AnoRBBY REPORTS
First Reading Ordlnanoea
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Item 163 - Ordinance 4276-86 - Annexing a portion of the NW ~ of Sec. 8-29-16,
located on the the S side of S.R. 590 approx. 150 ft. W of Owen Dr. (Kegley
PH 8/21/86) A 86-21, LUP 86-24.
1
The City Attorney presented O~dinance 4216-86 for first reading and
read it by title only. Commissioner Winner moved to pass Ordinance 4276-86
on first reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Garvey, Berfield, Regulski, ~inner and Kelly.
"Nays":
None.
Item 164 - Ordinance 4277-86 - Zoning Atlas Amendment to RM-8 (Multiple-Family
Residential) for property annexed in Ord. 4276-86. (Kegley) A 86-21 LOP 86-24.
The City Attorney pr'esented Ordinance 4277-86 for first reading and
read it by title only. Commissioner Winner moved to pass Ordinance 4277-86
on first reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
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Item 165 - Ordinance 4289-86 - Annexing part of Lot 12, Pinellas Groves, Sec.
19-29-16; located on the NE corner at the intersection of Nursery Rd. and Maple
Forest Rd., g of Belcher Rd. (Donald - PH 9/4/86) A 86-24.
The City Attorney presented Ordinance 4289-86 for first reading and
read it by title only. Commissione~ Winner moved to pass Ordinance 4289-86
on first ~eading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item #66 - Ordinance 4290-86 - Zoning Atlas Amendment to RS-4 (Single-Family
Residential) for property annexed in Ord. 4289-86. A 86-24.
The City Attorney presented Ordinance 4290-86 ro~ first reading and
read it by title only. Commissioner Winner moved to pass Ordinance 4290-86
on first reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
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Item b67 - Ordinance 4298-8b - Vacating a
of Seo. 8-29-10; located at 305 u.s. Hwy.
V 86-19
10 ft. Water Main Easement, part
19 N, 686.48 ft. N or Dre~ St.
(City)
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The City Attorney presented O~dinance 4298-86 for first reading and
read it by title only. Commissioner Wlnne~ moved to pass Ordinance 4298-86
on first reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item 168 - Ordinance 4299-86 - Amending Sec. 122.01, Code of Ordinances re
Clearwater Pass B~idge - to provide that the City Manager of Chief of Police
may waive bridge tolls in an emergency.
Tne City Atto~ney presented Ordinance 4299-86 for first reading and
read it by title only. Commissioner Winner moved to pass Ordinance 4299-80
on first reading. Motion was duly seconded. Upon ~oll call the vote
was:
"A.yes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays" :
None.
XIY - Besolut1ons
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Item #69 - Resolution 86-67, Assessing Certain Real Property consisting of
Block G, Lot 9, Fairmont Sub. for Demolition Costs in the amount of $1,000.
Commissioner Garvey moved to pass and adopt Resolution 86-67 and to
autnorize the appropriate officials to execute same. Motion was dulr seconded.
Upon roll call the vote was:
"Ayes":
Garvey, Berfield, Regulaki, Winner and Kelly.
"Nays":
None.
Item #70 - Resolution 86-68, Amending Resolution 86-8, authorizing Helicopter
Landings as "Special Events" within the Open Space/Recreation district in
certain circumstances.
Commissioner Garvey moved to pass and adopt Resolution 80-68 and to
authorize the appropriate offioials to execute same. Motion was duly seconded.
Upon roll call the vote ~as:
"Ayes":
Garvey, Berfield, Regulski, ~inner and Kelly.
"Nays" :
None.
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11/06/86
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Item #71 - Resolution 86-69, Establishing a Publio Hearing date at whioh the
owners of property being assessed for the oosts of the projeot for the
oonstruotion and extension of a sanitary sewer system within John's Parkway
Sub. and a portion of the NW k of Seo. 16-29-16, and other interested persons,
may appear and be heard.
Commissioner Garvey moved to pass and adopt Resolution 86-69 and to
authorize the appropriate offioials to execute same. Motion was duly seconded.
Upon roll oall the vote was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
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Item #72 - Resolution 86-70, Establishing a Public Hearing date at which the
owners of property being assessed for the costs of the project for the
construotion and extension of a sanitary sewer system within Old Coachman Rd. in
Sunset Point Estates Sub., and other interested persons, may appear and be
heard.
Commissioner Garvey moved to pass and adopt Resolution 86-70 and to
authorize the appropriate of~icials to execute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item #73 - Resolution 86-71, Authorizing the Execution of a Lease Agreement
with Florida DOT for the lease of certain real property as a Welcome Center
Facilitr in Sec. 16-29-16.
Commissioner Garvey moved to pass and adopt Resolution 86-71 and to
authorize the appropriate officials to execute same. Motion was dUly seconded.
Upon roll call the vote was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item #74 - Resolution 86-72, Assessing
Block 1, Lot 7, Springfield No.2,
of $2,450.
Certain Real Property consisting of
for the costs of demolition in the amount
Commissioner Garvey moved to pass and adopt Resolution 86-72 and to
authorize the appropriate officials to execute same. Motion was dUly seconded.
Upon roll call the vote was:
"Ayes":
Garvey, Berfield, Regulski, Winner and Kelly.
"Nays":
None.
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xv - Agre.snta
The City Attorney presented the fallowing instrument:
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Item #75 - Authorizing Execution of Drainage Easement Agreement for portions
of Seo. 7-29-16. (Sembler Family Partnership '3, Ltd.)
The City Attorney stated the legal description on the drainage easement
may need to be adjusted. He requested authorization be given him to execute
the drainage easement subject to modification by the City Engineer.
Commissioner Garvey moved to approve authorization and execution of the
drainage easement agreement subjeot to adjustments made by staff in the legal
description. Motion was duly seoonded and carried unanimously.
Item #76 - Sand Key Settlement Stipulation
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The City Attorney requests approval of a modification to Paragraph 11
(pages 2 & 3) of the settlement stipulation relating to the transferability
of 40 residential dwelling units from Parcel IV to Parcel II.
The effeot of the modification is simply to olarify that the units may
be transferred back to Parcel IV if they are not oonstructed on Parcel II.
Commissioner Garvey moved to approve the requested modifioation to the
Sand Key Settlement stipulation. Motion was duly seconded and carried
unanimously.
III - Other City Attorney Items
The City Attorney requested the insurance carrier attorney in the gas
explosion oase be authorized to serve as co-counsel.
Commissioner Regulski moved to approve Attorney James Thomson to serve
as co-counsel in the gas explosion case. Motlao was duly seconded and
O8rrled unanimously.
The City Attorney stated in the Metco Development lawsuit, an editorial
in the newspaper failed to state Pinellas County had filed a cross-claim suit
against the City. He requested authorization to appeal the Metoo decision.
Commissioner Garvey moved to authorize the appeal.
seconded and carried unanimously.
Motion was duly
IJII - Other Commission Aotion
Commissioner Winner requested aotion be taken to resolve the
inoonsistency in enforoement of the alcoholic beverage laws.
Mayor Kelly requested the Commission approve removing City liens against
the Robinson property if it is purchased and donated to Neighborhood Housing
Services.
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Commissioner Regulski moved to authorize the City Manager
liens if the property is purchased and donated to ~eighborhood
Servioes. MOtion was dUly seconded and oarrled unanimously.
to remove the
Housing
Mayor Kelly questioned the residency requirements of police officers
and firefighters. The City Manager responded that the requirement is to live
in Pinellas County.
The Mayor requested a report regarding the "Sparkling Clearwater Day"
proposal.
Commissioner Regulski requested a status report be given regarding the
downtown street development standards.
Commissioner Berfield questioned a letter that had been received
regarding the naming of Edgewater Park. It was explained no formal request
has been received by the City to name the park after MW. Dikus.
Suncoast League of Cities.
working on the Blood Plasma
has been done.
Commissioner Berfield reported he is the legislative liaison
He questioned whether or not the City
building. The City Manager responded
for the
is
no Vlor k
JJ1II - Adjournment
The meeting adjourned at 9:55 p.m.
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(Book 38)
345.
11/06/86