07/21/1988 `CITY COMMISSION MEETING`
July 21, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, July 21, 1988, at 6:01 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III Service Pin Awards None.
IV Introductions and Awards
Proclamation: Clown Week August 1 7, 1988.
V Minutes of the Regular Meeting of July 7, 1988.
The City Clerk had forwarded a correction in the title of Item #58 to the City Commission.!
Commissioner Regulski moved to approve the minutes of the regular meeting of July 7, 1988 as submitted in written summation and amended by the Clerk. `Motion` was duly seconded and
`carried` unanimously.
VI Presentations None.
VII Citizens to be heard re items not on the Agenda None.
VIII Public Hearings
Item #9 Public Hearing & First Reading, Ordinance 4651 88 Vacation of an alley located S of Lot 1, Block 48, Mandalay Sub. (Neller) V 88 08 (`PW`) !
This alley is of no present or anticipated future benefit to the City of Clearwater. There are no utilities located within the alley.!
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. !
Concern was expressed that vacations such as these would limit access and the ability to provide on site parking. The situation will be reviewed prior to Second Reading of the Ordinance.!
The City Attorney presented Ordinance 4651 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4651 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #10 (`cont. from 7/7/88`) Vacation request of the partial right of way of various streets & easements within Brooklawn & E. A. Marshall Subdivisions (Al Rogero, Sr.) V 88 03
(`PW`) !
This item was continued from July 7th in order to work out a problem of ownership and replatting.!
One of the principal owners is no longer involved with the proposed subdivision. The developer has been requested to take his new design to the Development Review Committee because
significant changes have been made to the plan which will affect the vacation.!
Commissioner Berfield moved to `table` Item 10 until such time as applicant for the vacations has resolved differences between this and an earlier plan. `Motion` was duly seconded
and `carried` unanimously. !
Item #11 The Conditions (required by the City Commission) Related to previously approved variance for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos
on Sand Key, Marina del Rey at Sand Key, Sec. 30 29 15 (`PUD`) !
On December 13, 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width
and length for the Marina del Rey townhouse development (73 lots). The applicant appealed and on January 3, 1980, the City Commission reversed the decision by the Board and approved
a variance to construct docks 36 ft. in length and 3 ft. in width for each lot excluding Lots 1 9, with pilings on the lot line side not to exceed beyond the floor line of the dock and
with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the Commission; and, prior to the adoption of the Land Development Code, by
the Board of Adjustment and Appeal. !
On May 4, 1988, in approving the last change in conditions for a dock for Lot 59 in the Marina del Rey Development, the City Commission stated they would prefer not to review any
additional dock variance requests for the Marina del Rey Development. Further, they said they would like to know how the Homeowners Association for Marina del Rey feels about this.!
The Board of Directors for Marina del Rey requests they be allowed to maintain the current dock limitations for this development which were approved by the City Commission in January,
1980. Also, they request the Commission continue to review these variance requests as is the current procedure.!
Removal of the conditions set by the City Commission would require dock construction to be governed by current Code requirements (Sec. 136.013) with variances to be reviewed by the
Development Code Adjustment Board.!
Discussion ensued regarding whether or not variances to the conditions could be approved administratively.!
Commissioner Winner moved to direct staff to develop, for City Commission approval, guidelines and procedures for administrative review of variance requests for docks at Marina del
Rey. `Motion` was duly seconded and `carried` unanimously. !
Item #12 Discussion regarding Water Treatment Alternatives `and` Second Reading, Ordinance 4613 88 Amending Sec. 50.05(e)(1) Code of Ordinances, to increase the water rates.!
Cecil Henderson, Utilities Director, stated staff is recommending Scenario #4 which is the most conservative of the treatment options that have been proposed to the Commission. Scenario
#1 would allow the Water Division to operate at the status quo. In response to questions that had been raised, he stated if the City were to purchase its entire water supply from the
County during the coming year, it would cost $1,600,000 more than the current use of City and County water. Also in response to questions, Mr. Henderson indicated the City wells currently
in operation are being used conservatively, and it is expected the City's water supply is stable for the future. He stated it would cost $2.5 million to vacate the wells, and it is questionable
whether or not we would be able to sell the wells to other individuals!
It was reported there is approximately a $300,000 difference for the entire year between the rates that would be implemented under Scenario #1 and those being recommended under Scenario
#4. !
Discussion ensued regarding whether or not the City should wait to make decisions regarding treatment until the County's proposals are known.!
A citizen spoke in opposition to the proposed rate increase stating costs are rising, and questioning the affordability of the proposed reverse osmosis treatment process. He stated
the treatment is not necessary for health purposes.!
J.R. Sloane of Briley Wild and Associates, the City's consulting engineers, stated they are not proposing a full reverse osmosis system, but rather a low pressure system for water
softening purposes. He stated the County is leading the City, as the County is already doing a study regarding this process, and the recommendation is that money be put aside to acquire
property for a treatment site.!
Concerns were expressed that the water rate should be that required to supply the public with water, and that adopting Scenarios #4 rates would be for a research project. It was recommended
that a special project be set up for the treatment study.!
In response to a question, Mr. Henderson indicated it would cost $65,000 for a pilot plant at an existing water storage facility.!
A question was raised whether or not second reading of this ordinance should be delayed, and Mr. Henderson indicated the implementation of the rates is needed now and he would prefer
to come back with a $65,000 C.I.P. project for the pilot treatment plant. Commission consensus was for Mr. Henderson to prepare for such a project. !
Commissioner Winner moved to amend Ordinance 4613 88 by deleting Section 1 in its entirety and substitute the following: Section 1. Subparagraph a. of Paragraph (1) of Subsection (e)
of Section 50.05, Code of Ordinances, is amended to read: !
Sec. 50.05. Deposit, fees, service charges and rate schedules.!
(e) Rates:!
(1) Water rates. Water rates for all water furnished by the city utilities department shall be as follows:
a. Regular water rates shall be the following based on monthly consumption: !
Under 1 inch meter Minimum charge, up to 400 cubic feet $ @3.76@ 4.48
Plus, from 401 to 1,200 cubic feet,!
per 100 cubic feet @1.12@ 1.36
Plus, from 1,201 cubic feet up, !
per 100 cubic feet @1.31@ 1.61!
1 inch meter Minimum charge, up to 900 cubic feet @8.46@ 10.08!
Plus, from 901 to 5,400 cubic feet, !
per 100 cubic feet @1.12@ 1.36!
Plus, from 5,401 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
1 1/2 inch meter Minimum charge up to 13,400 cubic feet @125.96@ 150.08!
Plus, from 13,401 to 18,700 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 18,701 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
2 inch meter Minimum charge, up to 31,100 cubic feet @292.34@ 348.32!
Plus, from 31,101 to 45,800 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 45,801 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
3 inch meter Minimum charge, up to 48,000 cubic feet @451.20@ 537.60!
Plus, from 48,001 to 63,400 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 63,401 cubic feet up, !
per 100 cubic feet @1.31@ 1.61!
4 inch meter Minimum charge, up to 92,400 cubic feet @868.56@ 1,034.88!
Plus, from 92,401 to 130,900 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 130,901 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
6 inch meter Minimum charge, up to 237,300 cubic feet @2,230.62@ 2,657.76!
Plus, from 237,301 to 270,700 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 270,701 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
8 inch meter Minimum charge, up to 400,000 cubic feet @3,760.00@ 4,480.00!
Plus, from 400,001 to 456,300 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 456,301 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
Lawn Meters:!
Under 1 inch Minimum charge, with no water allowance 1.50!
Plus, up to 400 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 401 to 1,200 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 1,201 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
1 inch Minimum charge, with no water allowance 1.75!
Plus, up to 900 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 901 to 5,400 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 5,401 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
1 1/2 inch Minimum charge, with no water allowance 2.50 !
Plus, up to 13,400 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 13,401 to 18,700 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 18,701 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
2 inch Minimum charge, with no water allowance 3.25 !
Plus, up to 31,100 cubic feet!
per 100 cubic feet @0.94@ 1.12!
Plus, from 31,101 to 45,800 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 45,801 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
3 inch Minimum charge, with no water allowance 12.75!
Plus, up to 48,000 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 48,001 to 63,400 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 63,401 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
4 inch Minimum charge, with no water allowance 17.00!
Plus, up to 92,400 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 92,401 to 130,900 cubic feet!
per 100 cubic feet @1.12@ 1.36!
Plus, from 130,901 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
6 inch Minimum charge, with no water allowance 23.75!
Plus, up to 237,300 cubic feet,!
per 100 cubic feet @0.94@ 1.12!
Plus, from 237,301 to 270,700 cubic feet,!
per 100 cubic feet @1.12@ 1.36!
Plus, from 270,701 cubic feet up,!
per 100 cubic feet @1.31@ 1.61!
`Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 4613 88 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4613 88, as amended,
on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #13 Second Reading, Ordinance 4603 88 Annexation of property located on the E side of El Trinidad Dr. at its N'rn terminus; the W 100 ft. of Lots 17 & 18, Blk 1, Virginia
Grove Terrace Sub. (Scartozzi) A 88 13 !
The City Attorney presented Ordinance 4603 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4603 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #14 Second Reading, Ordinance 4604 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4603 88 (Scartozzi) A 88 13 !
The City Attorney presented Ordinance 4604 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4604 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.!
"Nays": None. !
Item #15 Second Reading, Ordinance 4606 88 Vacation of the N 3 ft. of a 10 ft. drainage and utility easement at the rear of Lot 5, Blk D, Shady Oak Farms (Schillace) 88 04 !
The City Attorney presented Ordinance 4606 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4606 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #16 Second Reading, Ordinance 4611 88 Amending Section 135.151, Relating to the Land Development Code to add certain use limitations applicable to outdoor electrical facilities
and Public Works projects in the Limited Industrial District, and to amend a cross reference relating to alcoholic beverage sales. !
The City Attorney presented Ordinance 4611 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4611 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #17 Second Reading, Ordinance 4612 88 Authorizing the construction and acquisition of additions, extensions and improvements to the water and sanitary sewerage system of the
City; authorizing the refunding of the outstanding water and sewer revenue bonds, series 1987 and a portion of the water and sewer revenue bonds, series 1984, of the City; providing
for the issuance of not exceeding $90,000,000 water and sewer revenue bonds, series 1988 (such bonds may include capital appreciation bonds which will mature in a higher amount in lieu
of interest) of the City to be applied to pay the principal and interest in respect to said presently outstanding obligations and the cost of such additions, extentions and improvements;
providing for the payment of the refunding bonds from the revenues of the water and sewer system, including covenants and agreements in connection therewith; providing for the severability
of the provisions hereof; providing for proper notice of proposed enactment. !
The City Attorney presented Ordinance 4612 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4612 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #18 Second Reading, Ordinance 4620 88 Amending Sec. 50.05(e)(3) to increase the sanitary sewer utility rates.!
The City Attorney presented Ordinance 4620 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4620 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #19 Second Reading, Ordinance 4647 88 Relating to Elections Amending Chapters 30 through 35, relating to absentee ballots, candidates, write in candidates, election boards,
disclosure requirements and other requirements, procedures, penalties, and related matters; repealing Sections 32.01 through 32.06, 32.08 through 32.11, 32.13, 32.14, 34.03, 34.09 and
34.10 relating to certain campaign practices which are either prohibited or regulated by Florida Law, inccluding consideration for resignation, consideration by candidate to secure nomination
or election, consideration to communication media, consideration to other candidates, consideration given for unlawful purposes, contributions to be reduced to monetary value for reports,
services of municipal officers and employees during working hours, influence of voting by municipal employees or officials, false and malicious charges, qualified political
advertising and literature, statements by candidates near election day, soliciting near polling places, types of electronic voting systems authorized, persons allowed in polling places,
and inoperative electronic voting system units.!
Commissioner Regulski moved to amend Ordinance 4647 88 on page 3, Section 31.02(c), delete the second sentence and insert the following: "Each required card shall contain the name
and address of the elector, the name of the candidate and the office being sought". `Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 4647 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4647 88, as amended, on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #20 Second Reading, Ordinance 4650 88 Relating to the Clearwater Downtown Development Board providing for a "Sunset Review" of the Clearwater Downtown Development Board,
and providing for the repeal of Article IV of Chapter 22, Code of Ordinances, which consists of the enabling legislation for said board, effective as of September 30, 1989, and reserving
the right to amend or repeal this ordinance prior to said effective date. !
The City Attorney presented Ordinance 4650 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4650 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
`CITY MANAGER REPORTS`
IX Consent Agenda Approved as submitted.
Advisory Board Notifications Received.
Item #21 Library Board (1 Member) (`CLK`)
Item #22 Neighborhood Advisory Committee (1 Member) (`CLK`)
Item #23 Municipal Code Enforcement Board (1 Member) (`CLK`)
Agreements Approved.
Item #24 Computer Hardware and Software Maintenance for Fleet Administration and the Engineering Department award contract to Digital Equipment Corporation, Tampa, for period 7/12/88
7/11/89; total cost $16,138.92 (FY 87/88 $4,034.73;
FY 88/89 $12,104.19 (`CS`) !
Item #25 Community Development Loan Servicing Approve agreement with Fortune Savings Bank (`PUD`) !
Bids & Contracts Approved.
Item #26 (1) Ford Tempo for Public Service award contract to purchase from Karl Flammer Ford, Tarpon Springs, $8,203.82 as an addition to the fleet (`CS`) !
Item #27 Specialized Pallet Truck for Sanitation award contract to purchase from Karl Flammer Ford, Tarpon Springs, $18,948.11 as an addition to the fleet (`CS`) !
Item #28 Renewal of Contract with Emmett McCabe Trucking, Seminole, to provide ballfield clay at $10.25/yd. and sandy soil at $5.35/yd. for various fields, estimated $58,000 for period
4/18/88 4/17/89 (`PR`) !
Item #29 Water Line Relocation award contract to purchase services from Dick LaPierre Inc., St. Petersburg, for a total price of $47,630 (FY 87/88 $3,300; FY 88/89 $44,330) (`PW`)
!
Item #30 1988 Sidewalk Replacement Contract (88 12) award contract to Aubrey T. Moorefield Paving Contractors, Inc., Largo, $212,695; for new sidewalks on school routes and City
property as well as repair and replacement needs (`PW`) !
Item #31 Ridge Avenue and Palmetto Street Storm Improvements (88 4) award contract to Paul Giuliani Company, Inc., Largo, $29,501.25; to include the installation of approx. 475 ft.
of 15" reinforced concrete storm pipe for the purpose of relieving flooding conditions affecting private and public property (`PW`) !
Item #32 Repair of 148DK Waukesha Diesel Generator award contract to Pinellas Vocational Technical Institute, Clearwater, $8,181.08 (`PW`)!
Item #33 Recycling and Yard Waste Composting Feasibility Study award contract to Ron Albrecht Associates, Inc., Annapolis, MD, $18,000 ($13,000 covered by State Grant) (`UT`) !
Citizen & Staff Requests Approved.
Item #34 Modification of the Rental Rehabilitation Loan Program to provide targeting for Census Tracts 258, 259.01, 259.02, 261, 263, 264 & 265; and to provide for up to 50% of the
rehabilitation costs and that 5% of the original loan is forgiven at the end of each year for ten years (`PUD`) !
Item #35 Sale of Surplus Personal Property authorization for the Purchasing Manager to conduct sale of items with value of less than $400, ie. typewriters, desks, calculators, etc.
(`CS`) !
Leases Approved.
Item #36 (`cont. from 7/5/88`) Sublease of office space and deck area at the Garage Annex (formerly Ken Marks Ford) approve extension of sublease with Patrick Marzouca Enterprises,
Inc., d/b/a Clearwater Car Rentals for an additional 19 months, (1/31/90) coinciding with the City's leae expiration on this property (`CS`) !
Plans & Plats Approved.
Item #37 (`cont. from 7/7/88`) Preliminary Site Plan for Homeless Emergency Project located at the NW corner of the intersection of Engman St. and Fairburn Ave.; Lots 1 & 2, Block
A, Fairburn Addn. (Everybody's Tabernacle) PSP 88 15 subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the
size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) the applicant shall obtain conditional use approval
(Level III Group Care Facility) and variance approval (setbacks, front yard open space and building separation) prior to submittal of the final site plan for D.R.C. review; and 4) placement
of mobile homes within the flood plain shall be in accordance with the requirements of Sections 135.176 thru 135.182 of the Land Development Code and 146.008 of the Flood Protection
regulations (`PUD`) !
Item #38 Preliminary Site Plan for Carlisle Daihatsu located on the N side of Gulf to Bay Blvd. approx. 60 ft. W of Gunn Ave.; Lots 2 5 & 7 10, Block A, Gunn's Addition. (SDS Investments)
PSP 88 30 subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding
of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) the developer must obtain conditional use approval by the Planning and Zoning Board for the
outdoor retail sales, displays and/or storage and vehicles service uses prior to D.R.C. review of a final site plan; and 4) all driveway radii, landscaping, curbing, sidewalks, etc.
proposed in the right of way for Gulf to Bay Blvd. abutting this site must be drawn on the final site plan. Curb returns at driveways are subject to approval by the Traffic Engineer
prior to certification of the final site plan (`PUD`) !
Item #39 Revalidation of the Final Site Plan for Countryside Woods Townhouses located at the SW corner of Curlew Rd. and Countryside Blvd.; M&B 42.03, Sec. 17 28 16 (Sachs & Nepple)
PSP 85 41 subject to the conditions on the last certified plan (July 25, 1986) with amended condition #10 to read: all requisite certificates of occupancy shall be procured no later
than May 1, 1990 and with an additional condition: #12) revalidation has no effect on any impact fee requirements now in force or subsequently enacted (`PUD`)
Item #40 Preliminary Site Plan for Mountasia Fantasy Golf of Clearwater located on the W side of US 19 approx. 250 ft. N of Blackburn St.; Lot 7, Blackburn Sub. (Victor G & Rose M.
Valdes) PSP 88 32 subject tot he following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes. The proposed 10 ft. high opaque fencing shown
on the site plan will require variance approval by the Development Code Adjustment Board; 2) as any structure premanently affixed on the ground which measures 12 inches or higher in
height is required to comply with applicable structural setback standards of Section 135.131 for the CH (Highway Commercial) zoning district, all such structures and setbacks shall be
clearly indicated on the final site plan; 3) the developer must obtain conditional use approval by the Planning and Zoning Board for the outdoor commercial recreation/entertainment use*;
4) the number of patrons and employees relative to the applicable required parking formula shall be given on the final site plan*; and 5) the proposed and required open space for the
lot and front yard shall be given on the final site plan in square feet and concurrently as a percentage of the lot and the front yard area*. (*conditions 3 5 to be completed prior to
D.R.C. review) (`PUD`) !
Item #41 Preliminary Site Plan for Nall Lumber located on the S side of Drew St., S to Hendricks St., approx. 100 ft. W of East Ave.; Lots 5 thru 11, Block 17, Gould & Ewing Second,
a portion of M&B 11.01 and Block A less the E 140.45 ft., Nall Mortonson Sub., Sec. 16 29 15 (Carroll M. & Barbara S. Nall, Jr.) PSP 88 33, subject to the following conditions: 1) signs
and fencing/walls are subject to separate review and permitting processes and 2) the site plan shall be revised to include the number of parking spaces required (stated in relationship
to the applicable formula) and proposed (including handicapped spaces required by Code) (`PUD`) !
`City Attorney`
`Agreements, Deeds & Easements` Accepted.!
Item #42 Proposed Agreement with Safety Harbor for Utilization of Sewage Treatment Facilities!
Commissioner Winner moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.
!
`X` Other Items on City Manager Reports!
Item #43 Preliminary Site Plan for First Christian Church (Addition) located on the S side of Drew St. approx. 110 ft. W of Maywood Ave.; M&B 22.01, Sec. 18 29 16 (First Christian
Church of Clearwater, Inc.) PSP 88 34 (`PUD`) !
There is an existing church development on the property, most of which is located on the parcel of land in the City with some church parking on the portion in the unincorporated area
of Pinellas County. The church is proposing to construct a 15,364 sq. ft. "Family Life Center" structure at the southwest corner of the existing structures on the easterly parcel. (The
westerly portion will be affected by a new internal drive connecting the two parcels which will delete two parking spaces.)!
There is no proposed change in the three existing driveways to Drew Street.!
Commissioner Berfield moved to authorize review of a final site plan with final action by the D.R.C. subject to the following conditions: 1) signs and fencing/walls are subject to
separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) prior
to certification of the final site plan, a petition to annex the westerly portion of the site shall be submitted to the City along with a letter or other document of commitment providing
for annexation and site plan effectiveness as authorized by the Legal Department and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried`
unanimously. !
Item #44 Medical Insurance Contract Extension and Premium Increase Gulf Life/American General; amend the current Operating Budget for fiscal 1988 to provide for payment (`CM`)
!
At the July 7, 1988 meeting, the Commission approved a contract with Siver Insurance Management Consultants to study the City's health insurance program and to make recommendations
on system design and cost stabilization. It is anticipated that changes to the current system would be effective February 1, 1989.!
The current contract with Gulf Life/American General to provide health insurance coverage to City employees under a traditional indemnity plan expires on August 1, 1988. Based on claims
experience and Medical Trend increases, the monthly renewal rate is 57.5% higher than the current cost. The current budget provides for the increase for the cost of employee coverage,
and the 1989 Recommended Budget has been prepared including the higher costs.!
Employee paid costs for dependent coverage are currently $117.86 per month, or $54.40 per biweekly pay. Under the renewal rate increase these costs would increase to $185.63 per month
or $85.68 per payday. Under current City policy, the higher rate would be paid by the affected employees with the first payroll in August.!
Since employees having dependent coverage under the Gulf Life/American General plan do not have the option to avoid this increase by enrolling in an alternative HMO plan at this time,
it is recommended that the Commission temporarily suspend this "pass through" policy for the August 1 January 31 interim period only. It is felt that this action by the City would
function as a good faith humanitarian effort to avoid sudden disruption to the work force as we seek new solutions to the health care program. This increased cost to the City is estimated
to be $12,000 per month, resulting in a $24,000 impact on the current budget and $48,000 in fiscal 1989.!
The higher costs will be passed along to the retired employees having dependent coverage. To absorb this additional premium would be approximately $5,000 per month.!
The Third Quarter Budget Review will include an amendment to provide for this expenditure increase to be funded by savings in other expenditure codes or the use of surplus funds if
required.!
Discussion ensued regarding the impact of the City absorbing the cost of the dependent coverage increase.!
Commissioner Regulski moved to approve the extension of the current medical insurance contract with Gulf Life/American General and that the appropriate officials be authorized to execute
same. The `motion` was duly seconded and `carried` unaimously.!
Commissioner Regulski moved to absorb the premium increase for employee dependent medical insurance for a period of six months; this being a temporary action and not necessarily constituting
a commitment
or policy. `Motion` was duly seconded and upon the vote being taken, Commissioners Regulski, Winner and Nunamaker and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion
carried`.!
Item #45 E.P.A. Settlement Agreement regarding alleged violations to the Federal Clean Water Act!
At a June 15, 1988 meeting with E.P.A. (Environmental Protection Agency) officials in Atlanta, the City was informed by E.P.A. and Department of Justice (D.O.J.) officials that we would
be expected to pay $750,000 penalty for violations to the Federal Clean Water Act for the Marshall Street Plant only.!
Through extended staff negotiations with E.P.A. and D.O.J. officials and through the assistance of our U.S. Congressmen Michael Bilirakis and Bill Young, this penalty has been reduced
to $300,000 paid over a multi year period that will cover all three of our sewer plants. !
Although staff believes the City to be a victim of conflicting State and Federal regulations, it is felt no more can be done to reduce the penalty.!
The City Manager stated he believed if a settlement with E.P.A. was not reached, the City would face litigation for a much higher fine.!
Commissioner Winner moved to forward a settlement offer for alleged violations to the Federal Clean Water Act to the U.S. Environmental Protection Agency, Region IV, Atlanta, with
the following essential elements: 1) Up front payment of a $300,000 cash penalty to be paid to E.P.A. in three equal installments on the following schedule: a) $100,000 after E.P.A.
or Judicial approval of a negotiated settlement or consent decree to be paid not later than September 30, 1988; b) $100,000 payment on or before December 31, 1988; and c) $100,000 payment
on or before December 31, 1989; 2) $100,000 per year limit on any and all E.P.A. penalties for failure to meet agreed upon construction schedules or interim effluent limitations for
all three sewer treatment plants; 3) complete construction on all three sewer treatment plants sufficient to achieve complienace with NPDES permits by 10/1/90 and that the appropriate
officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
It was requested that Congressmen Bilirakis and Young be thanked for their assistance in this matter.!
Item #46 Weight limits for Clearwater Pass Bridge!
A report had been received from Kissinger Campo and Associates Corp. regarding concerns about the current status of Clearwater Pass Bridge. They had recommended that the weight limit
on the bridge be reduced, allowing only passenger cars, vans and pickup trucks to use the bridge.!
Discussion took place at the work session on the 18th of July, and general consensus of the Commission at that time was there be no change in the weight limit, and that the inspection
dives done by Kissinger Campo and Associates Corp. be increased. Since the work session, concerns have been raised regarding whether or not this will ensure the safety of the bridge.
!
Mr. Campo stated he is attempting to establish as much safety for the bridge as possible. Decreasing the weight limit would provide some insurance for that, and that his goal is to
keep the current bridge in operation until a new bridge is constructed. In response to a question, he indicated it is more than likely that, during a five year time frame, additional
crutch bents will be needed.!
Discussion ensued regarding the various options to ensure the safety of the bridge and what affect vibrations caused by the heavier vehicles had on maintaining the piles in the bay
bottom. It was stated even without vibrations, the scour at the bay bottom would continue and eventually result in additional crutch bents being needed.!
A question was raised regarding what would prevent a new bridge from having
the same difficulties as the current structure. It was stated all proposals for new bridges includes shafts being drilled into rock and securing the pilings in that manner.!
After further discussion regarding the options available to the Commission,
Mr. Campo stated he felt within three to five years six additional crutch bents would be needed, and two of those may need attention earlier than the others. !
Suggestions for reducing the load limit were made, and concerns were
expressed that hardships would be created if bus traffic was prohibited. Concerns were expressed regarding enforcement, and whether or not it would be
discriminatory to allow some heavier vehicles and not others.!
Bill Baker, Public Works Director, recommended the Commission take action
which would leave the traffic as is, authorize Kissinger Campo to double their inspection dives, enforce the 15 mph speed limit, and authorize staff to proceed with steps to add six
additional crutch bents for a cost of approximately $900,000.!
Concerns was expressed that there is a perception that the bridge is unsafe,
and revenues from tolls are dropping. !
Carlton Ward, representing the Chamber of Commerce, spoke earlier in the
meeting stating the Chamber had adopted a resolution supporting repairs to allow continued operation of the current bridge, supporting a study and construction of a fixed span bridge,
and requesting any increase in tolls be held until an in depth study can be done regarding the financing of the bridge.!
Commissioner Nunamaker moved to maintain the existing 15 ton weight limit and
15 mph speed limit, increase inspections of the piles, and instruct staff to proceed with preparing for additional crutch bents. `Motion` was duly seconded and `carried` unanimously.!
Additional concerns were expressed that people seem to feel the problems with
the bridge exist in the bascule span, and there needs to be some education that this is not the problem area.!
A question was raised regarding whether or not there was a need to regulate the opening of the drawbridge. Mr. Campo responded this was not necessary.!
XI Other Pending Matters None.
`CITY ATTORNEY REPORTS`
XII First Reading Ordinances
Item #47 Ordinance 4607 88 Annexation of property located at the SE corner of the intersection of Hercules Ave. & Calumet St.; Lot 20, Clearwater Industrial Park (Square D Co.)
A 88 12 !
The City Attorney presented Ordinance 4607 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4607 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #48 Ordinance 4608 88 Zoning Atlas Amendment as Limited Industrial (IL) for property annexed in Ord. 4607 88 (Square D Co.) A 88 12 !
The City Attorney presented Ordinance 4608 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4608 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #49 Ordinance 4609 88 Annexation of property located on the S side of S.R. 590, approx. 225 ft. E of Spring Lake Dr.; Lots 2 & 2A, Spring Lake Estates (Webster) A 88 14 !
The City Attorney presented Ordinance 4609 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4609 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #50 Ordinance 4610 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4609 88 (Webster) A 88 14 !
The City Attorney presented Ordinance 4610 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4610 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #51 Ordinance 4614 88 Annexation of property located E of the terminus of Soule Rd. and N of Union St.; consisting of all property shown on plat of Elysium Phase I Sub.,
Lots 1 64, Elysium Phase I (Cornerstone Communities) A 88 2 !
The City Attorney presented Ordinance 4614 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4614 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #52 Ordinance 4615 88 Zoning Atlas Amendment as Single Family Residential (RS 6) for property annexed in Ord. 4614 88 (Cornerstone Communities) A 88 2 !
The City Attorney presented Ordinance 4615 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4615 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #53 Ordinance 4616 88 Annexation of property located E of the terminus of Soule Rd. and N of Union St.; consisting of all property shown on plat of Chelsea Woods Sub., Lots
1 20, Chelsea Woods (Stevens Designer Homes) A 88 2 !
The City Attorney presented Ordinance 4616 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4616 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #54 Ordinance 4617 88 Zoning Atlas Amendment as Single Family Residential (RS 6) for property annexed in Ord. 4616 88 (Stevens Designer Homes) A 88 2 !
The City Attorney presented Ordinance 4617 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4617 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #55 Ordinance 4618 88 Annexation of property located E of the terminus of Soule Rd. and N of Union St.; consisting of a portion of property shown on plat of Chelsea Woods
Phase II Sub. (Stevens Designer Homes) A 88 2 !
The City Attorney presented Ordinance 4618 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4618 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #56 Ordinance 4619 88 Zoning Atlas Amendment as Single Family Residential (RS 4) for property annexed in Ord. 4618 88 (Stevens Designer Homes) A 88 2 !
The City Attorney presented Ordinance 4619 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4619 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
XIII Resolutions
Item #57 Resolution 88 33 Assessing the owners of property the costs of having mowed or cleared the owner's lot. !
Commissioner Winner moved to pass and adopt Resolution 88 33 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
`XIV` Other City Attorney Items!
Item #58 Authorization to file Offer of Judgement re Moran vs City, $30,000 (changed to settlement offer of $40,000)!
This case involves a claim for personal injuries occurring to Helga Moran on February 11, 1987, when she allegedly fell on an area of raised concrete on the sidewalk/curbing which
parallels Somerset St. on Clearwater Beach between Mandalay and the beach. !
According to doctors, Mrs. Moran suffered fractures and is presently at maximum medical improvement. The examining orthopedic specialist has given her a permanent impairment of 25%
as a result of the injuries !
To date, her medical expenses have been reported at approximately $1500 and lost wages at approximately $3500.!
The City's settlement review committee has recommended an offer be made to Plaintiff's attorney of $30,000 which has been rejected. Based upon this offer being rejected, the Attorney's
office was requesting authorization to file an Offer of Judgement for $30,000. However, after a new demand for settlement of $40,000 was submitted by Plaintiff's attorney, the review
committee met and re evaluated the claim. !
It is the recommendation of the legal department, Gallagher Bassett Insurance Services, Inc. and the City's settlement review committee that a settlement offer of $40,000 would be
in the best interests of the City.!
Assistant City Attorney Leo Schrader reviewed the case with the City Commission.!
Commissioner Berfield moved to authorize settlement of $40,000 in the Helga Moran lawsuit and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and upon the vote being taken, Commissioners Winner, Berfield, Regulski and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". `Motion carried`. !
Item #59 Liquidation Plan of North American Telephone, Inc. authorization to accept $46,825.15 as full and complete payment due the City for municipal taxes on telecommunication
services !
The total sum offered is represented to be 100% of the sum owed Clearwater by North American Telephone, Inc. They are proposing to pay in two installments, the first is scheduled for
August 31, 1988, and the second to be made as assets are liquidated over a period of approximately five months.!
Commissioner Nunamaker moved to accept the settlement proposal of $46,825.15 as offered by North American Telephone, Inc. and that the appropriate officials be authorized to execute
same. `Motion` was duly seconded and `carried` unanimously. !
Item #60 Authorization to file small claims suit, City vs Foley, $2,592.00 !
Thomas P. Foley was the driver of a motor vehicle which caused $2,592 of damage to a City of Clearwater motor vehicle. He says he has no insurance and can only pay $10 per month toward
the damages. At this rate it would take 21.6 years to pay off the damages, and the Legal Department is requesting permission to file suit. !
Commissioner Nunamaker moved to authorize filing the suit. `Motion` was duly seconded and `carried` unanimously. !
Item #61 First Amendment to Bilgore Annexation Agreement (Richland Properties)!
The amendment to the 1981 Annexation Agreement is necessary in order to allow
the development of South Oaks Fashion Square on the W side of McMullen Booth Road, S of S.R. 590 according to a site plan previously approved by the Commission.!
Commissioner Winner moved to approve the amendment deleting Sections 5(b)(3) and 5(b)(4) from the July 16, 1981 Agreement between the City and David Bilgore and Company, Inc. The
`motion` was duly seconded. Upon the vote being taken, Commissioners Winner, Berfield and Nunamaker voted "aye". Commissioner Regulski and Mayor Garvey voted "nay". `Motion carried`.
!
Item #62 Temporary Sewer Service Agreement with Countryside Christian Center, Inc.!
Countryside Christian Center had sued the City challenging the City's policy requiring annexation in order to receive City sewer service. Judge Reeves has dismissed this case with
prejudice, leaving the City's policy in place. !
Countryside Christian Center intends to appeal this decision, and in the meantime believes they have a serious and practical problem because the County has given them notice to vacate
the land that was taken for right of way purposes, including their current treatment facility. They are requesting a temporary sewer service agreement similar to that which was approved
for Metco during their court case regarding water service.!
The City Attorney reported should the City prevail in this case, Countryside Christian Center will either have to annex into the City of Clearwater or disconnect from the City sewer
system.!
Commissioner Regulski moved to approve the temporary sewer service agreement with Countryside Christian Center. The `motion` was duly seconded and `carried` unanimously. !
`XV` Verbal Reports!
The City Manager reported there will be a fun softball game between the officials of Clearwater and the City of Largo on August 1st at 6 PM at Jack Russell Stadium. He requested
names of Commissioners that would be interested in participating. Commissioners Nunamaker, Regulski and Berfield and the City Attorney indicated they would participate.!
The City Manager reported Mayor Garvey, Commissioner Winner, and the City Manager would be attending the Florida League of Cities convention October 13 15 and questioned whether or
not any other Commissioners were interested in attending. !
He requested a special work session be scheduled to discuss the Volkert report regarding Clearwater Pass Bridge. He stated it would take three to four hours. Consensus was to schedule
the meeting for August 3rd at 9:30 a.m!
`XVI` Other Commission Action!
Commissioner Berfield questioned whether or not complaints, listed in a letter, regarding the deterioration of conditions on Drew Street was being investigated. It was reported the
Police are investigating the situation.!
Commissioner Regulski requested information regarding the difference in cost between a 65 ft. and 90 ft. high fixed span bridge. He questioned how often Clearwater Pass would need
to be closed during the construction of a new bridge, and requested this information be used in obtaining approval for the dredging of Dunedin Pass. He also suggested that, due to the
City having to provide water service to non City residents, Clearwater has to purchase additional water from the County thereby justifying the City charging more than the 25% surcharge
to non City residents for City water service. !
Commissioner Winner questioned the status of an amendment to the Land Development Code addressing grandfathering. Paula Harvey, Planning Director, reported this is on hold until the
Comprehensive Plan is completed.!
Commissioner Winner also requested clarification in writing from the City Attorney regarding 1) what input the Commission can receive at first readings and 2) what actions can be taken
at work sessions. !
Commissioner Nunamaker questioned whether or not the Commission wished to schedule a goal setting meeting in October. Consensus was to wait to schedule this. !
He reported on a letter from Kalamaria, Greece, one of Clearwater's new Sister Cities, stating they had asked the City of Clearwater officials to visit them at their expense. A suggestion
was made that a trip be put together possibly in October, but not at Kalamaria's expense.!
XVII Adjournment
The meeting adjourned at 10:06 p.m.