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09/05/1991 CITY COMMISSION MEETING September 5, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 5, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Randy Hehr of the Episcopal Church of the Ascension. 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. Three service pins were awarded to City employees. IV - Introductions and Awards - None V - Presentations - None VI - Minutes of the Regular Meeting of August 15, 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of August 15, 1991, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Early J. McMullen requested a traffic light be installed at the intersection of Gulf-to-Bay and Bayview Avenue. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinances #5125-91 & #5126-91 - Land Use Plan Amendment to Recreation and OS/R Zoning for property located in E. A. Marshall's Sub., S 1/2 of Lots 11 & 12 and N portion of Lot 18, Sec. 3-29-15, 6.35 acres (City LUP90-20)(PH) The above cited ordinances replace Ordinances #5070-91 and #5071-91 which were adopted to effect the zoning and land use plan classification for the City park site, but which were not appropriately advertised. The property for which the Land Use Plan Amendment and Zoning is being requested, is owned by the City and was annexed by Ordinance #5072-91 on May 2, 1991. The future development plans for the site call for the western most portion of the property to be developed as an active park, with playgrounds and ballfields. The eastern most portion is heavily wooded and is planned to be used as a passive park with trails and picnic facilities. The Comprehensive Plan Amendment (Land Use Plan Amendment) has been reviewed by the Florida State Department of Community Affairs (DCA) and they have raised no objections. Upon finalization of the Land Use Plan Amendment, the DCA will still have to formally make their compliance determination. The Countywide Planning Authority has approved the proposed Land Use Plan Amendment. Commissioner Regulski moved to reapprove the Land Use Plan designation of Recreation and the OS/R Zoning for property located in E. A. Marshall's Sub., S 1/2 of Lots 11 & 12 and N portion of Lot 18, Sec. 3-29-15. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5125-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5125-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5126-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5126-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - (Cont. from 8/15/91) Alcoholic Beverage Distance Separation Variance for property (Britt's Beachside Cafe) located at 201 S. Gulfview Blvd., Lloyd-White-Skinner Sub., Lots 48-52 and Lot 98 (Stanislaw, Budzinski, AB91-07)(PH) The Administrative Hearing Officer's determination upholds the decision of the Development Code Adjustment Board (DCAB) to deny the parking variance. The applicant's only recourse at this point is to challenge the Board's decision in Circuit Court. Until the applicant obtains additional parking or a judicial overturn of the decision of both DCAB and the hearing officer, the Commission can take no action on the separation distance variance. Commissioner Regulski moved to withdraw this item. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - Ordinance #5115-91 - Millage Rate for FY91-92 Three citizens spoke requesting there be further cuts in the budget. Discussion ensued regarding the budget process. It was indicated the City Manager has already begun work on the 1992/93 budget and eliminating unnecessary programs will be considered. It was also emphasized efforts would be made to generate savings during the 1991/92 Fiscal year. The City Attorney presented Ordinance #5115-91 for second reading and read it in full. Commissioner Regulski moved to pass and adopt Ordinance #5115-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #12 - Ordinance #5116-91 - Operating Budget for FY91-92 The City Attorney presented Ordinance #5116-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5116-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #5117-91 - Capital Improvement Program Budget for FY91-92 The City Attorney presented Ordinance #5117-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5117-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #5119-91 - Vacating 5' utility easement lying along East lot line of Lots 1 thru 6, Blk 40, Mandalay Sub. (O'Connell/City V91-08) The City Attorney presented Ordinance #5119-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5119-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #5124-91 - Relating to flood protection; amending Sec. 146.004, revising definitions of "substantial improvement" and "market value of the structure" The City Attorney presented Ordinance #5124-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5124-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. It was emphasized this ordinance was being adopted in order to encourage equal enforcement of flood protection regulations throughout the State. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #16-43) - Approved as submitted less Items #38 & 39 Agreements - Approved. ITEM #16 - Approval of ranking of audit firms and agreement with Coopers and Lybrand for independent auditing for FY ending 9/30/91 for a total fee not to exceed $86,500 (AS) ITEM #17 - Extension of service agreement with Schiller International University for one year with no additional payment (LIB) ITEM #18 - Lease agreement for marina building rooms 6 & 6a to Betty Perrino, d/b/a Harbor Barber and Beauty Styles and assignment of lease contingent upon closing on the sale of business on 10/1/91 to Daniel A. Beach for a 5 year period, for the total sum of $30,000 (MR) ITEM #19 - Supplemental Agreement #3 to contractual agreement with David Volkert & Associates, Inc., regarding Clearwater Pass Bridge Replacement Project providing redistribution of approved payment amounts in Phase I (PW) Leases - Approved. ITEM #20 - Lease of City-owned property located at intersection of Holt Ave. and Russell St. to Community Pride Child Care Center of Clearwater, Inc. (PW) Bids & Contracts - Awarded. ITEM #21 - Extension of contract for A-4 computer maintenance to Unisys Corp., Tampa, FL, for the period 10/1/91-9/30/92, at an estimated amount of $28,504 (AS) ITEM #22 - Contract for hardware and operating system software support to Network Computing Corp., Charlotte, NC, for the period 10/1/91-9/30/92, at an estimated amount of $18,100 (AS) ITEM #23 - Purchase Unisys and other computer hardware from Better Business Forms, Clearwater, FL, at an estimated cost of $30,718 and computer software from Software Spectrum, Garland, TX, at an estimated cost of $6,032 (AS) ITEM #24 - Purchase of four Gravely Professional 16-G tractor-type riding lawn mowers from Bob's Quality Mowers, Clearwater, FL, at a total cost of $18,276 (GS) ITEM #25 - Two year contract for purchase of cellular telephone service to GTE Mobilnet, Inc., Tampa, FL, for the period 9/6/91-9/5/93, at an estimated cost of $50,000 (GS) ITEM #26 - Purchase of two Debra/Jacobsen Professional Riding Mowers from Debra Turf & Industrial Equipment, Tampa, FL, for a total cost of $13,620 (GS) ITEM #27 - Contract for security guard service at Main Library to Janus Security, for the period 8/16/91-8/15/92, for approx. 2,314 hours, at an estimated cost of $15,272.40 (LIB) ITEM #28 - Extension of contract to Lawmen's & Shooter's Supply, Inc., Vero Beach, FL, for purchase of approx. 80 protective vests and covers for the period 10/1/91-6/17/92, for an estimated total of $27,449.60 (PD) ITEM #29 - Amendment to existing sludge disposal contract with Davis Water and Waste Industries, Tallevast, FL, adding a "hold-harmless" provision for the City's protection (PW) ITEM #30 - Purchase of Lot 10, Blk 1, Moase and Harrison Sub. for $60,000 (heirs of Pinkie Pendleton/Dorsey)(PW) ITEM #31 - Purchase of Lot 21, Mac Dixon's 1st Addn. for $45,000 (Ruby E. Dixon)(PW) ITEM #32 - Purchase of Lot 18 of Original Lot 5, R. H. Padgett's Sub. for $60,000 (Jacqueline Pettiford)(PW) ITEM #33 - Purchase of Lot 16, Revised Map of R. H. Padgett's Sub. of Original Lot 5 for $60,000 (Sally L. Davis)(PW) ITEM #34 - One year contract for purchase of liquid polymer to Rhone-Poulenc Water Treatment Chemicals, for the period 9/6/91-9/5/92, at an annual cost of $181,825 (PW) ITEM #35 - Contract for new pump and motor storage building at the infrastructure complex (proposed building "D") to Consolidated Building Concepts, Inc., Clearwater, FL, for $45,084 (PW) ITEM #36 - Extension of contract for 16MM micrographic services with Anacomp, Inc., Tampa, FL, for the period 10/1/91-9/30/92, for an estimated total of $30,000 (CLK) ITEM #37 - Extension of contract for 35MM micrographic services with Micro Image, Inc., Tampa, FL, for the period 10/1/91-9/30/92, for an estimated total of $20,000 (CLK) Citizens & Staff Requests ITEM #38 - See page 7 & 8. ITEM #39 - See page 8. Plans & Plats - Approved. ITEM #40 - Preliminary Site Plan for Instrument Transformer, Inc. located approx. 3/8 mile S of Sunset Pt. Rd. between Calumet St. and Hercules Ave., 1907 Calumet St. (Johnson)(PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) The annexation shall be finalized prior to certification of the site plan; however, if review of the site plan is completed substantially ahead of the annexation, the applicant may proceed with construction only if a development agreement is executed by the City of Clearwater and the applicant; 2) All existing parking and retention areas shall be designated on the site plan prior to certification; and 3) Signs and fencing/walls are subject to separate review and permitting processes. ITEM #41 - Preliminary Subdivision Plat for Drew Street Industrial Park located in Sec. 13-29-15, 2171 Drew Street (Todsen/Wasenda)(PLD) Authorize the Development Review Committee (D.R.C.) to approve the Preliminary Subdivision Plat subject to the following conditions: 1) The appropriate conditional use shall be obtained prior to DRC review of the Preliminary Plat; 2) Signs and fencing/walls are subject to separate review and permitting processes; 3) Parking spaces 18-21 shall be redesigned to meet minimum maneuvering requirements; 4) The applicant shall submit a site plan for a courtesy review and approval by the DRC and said plan shall be certified prior to the issuance of any building permits; and 5) An access easement linking the Lot 1 and the lot adjacent to the west shall be executed and a copy provided to the city staff for review and approval prior to recordation of the final plat. Receipt & Referral - Received and Referred. ITEM #42 - Recreation & Open Space Land Dedication Ordinance (PR) ITEM #43 - Annexation, Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for a parcel located on the W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less E 50' (Bethel Lutheran Church)(PLD) Commissioner Berfield moved to approve the Consent Agenda less Items #38 and #39 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #38 - Authorization to return $25,000 from CIP Code 315-1-4509 to the non-departmental division of the General Fund for the purpose of contributing the money to the Philadelphia Phillies for their construction of a new clubhouse at Jack Russell Stadium (PR) The City is responsible for the maintenance of the clubhouse as well as other structures at Jack Russell Stadium. Staff had intended to replace the roof of the clubhouse due to persistent leaks and $25,000 was designated for this in a capital improvement project. Recently, the Phillies have notified the City they plan to remove and replace the existing exterior walls of the clubhouse and to add a second story at a cost of approximately $225,000. The new building will occupy the same footprint as the existing building with the first floor being used as the clubhouse and the second floor being primarily offices. The Phillies are therefore requesting the City contribute the $25,000 earmarked for the new roof to the construction cost of the new building. In response to a Commission concern, the City Manager indicated the $25,000 is not a contribution to the Phillies. The $25,000 was earmarked for the roof and will now go toward construction of a $225,000 building, which the City will own, instead. Commissioner Fitzgerald moved to authorize the return of $25,000 from CIP Code 315-1-4509 to the non-departmental division of the General Fund for the purpose of contributing the money to the Philadelphia Phillies for their construction of a new clubhouse building at Jack Russell Stadium. The motion was duly seconded and carried unanimously. ITEM #39 - Dates and Locations for 1991/92 Town Meetings (CLK) The following schedule was recommended for the four 1991/92 Town Meetings: all dates being Tuesday; October 22, 1991 at Morningside Recreation Center; November 26, 1991 at Martin Luther King Center; March 24, 1992 at Memorial Civic Center; and April 28, 1992 at Countryside Library. All meetings are to begin at 7:30 p.m. Commissioner Berfield has requested consideration of moving the October 22nd date as she will be on vacation. Conflicts with dates other than October 22nd were expressed. Commissioner Fitzgerald moved to approve the November 26, 1991 at Martin Luther King Center; March 24, 1992 at Memorial Civic Center; and April 28, 1992 at Countryside Library dates. The motion was duly seconded and carried unanimously. Further discussion ensued regarding the October meeting. It was stated the Morningside/Meadows Home Owners Association had scheduled their annual meeting in conjunction with the October 22nd date in an effort to increase attendance. Other possible dates were suggested and conflicts noted. Commissioner Fitzgerald moved to approve the October 22, 1991 at Morningside Recreation Center date. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #44 - Resolution #91-26 - Supporting application of Pinellas County to become a community contribution tax incentive program sponsor for purpose of providing dental services to indigent citizens of Clearwater and Upper Pinellas County (ED) The City Manager explained the program, indicating donators of land for these projects receive signigicant tax incentives. A similar facility has been constructed in St. Petersburg. The City Attorney presented Resolution #91-26 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-26 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #45 - Request from The Clearwater Jaycees, Inc. to waive city charges and insurance requirements for the National POW/MIA Recognition Day Tribute to be held at Coachman Park on 9/21/91 (PR) On Saturday, September 21, 1991, the Clearwater Jaycees, Inc. will be conducting a second annual "National POW/MIA Recognition Day Tribute" at Coachman Park. Ms. Madeline Robinson, of the Jaycees, is requesting the City co-sponsor the event and waive all insurance and City fee requirements. According to the schedule of events, the program is larger than the one conducted in 1990 and costs are estimated at $1,450. This would include approximately $1,000 in unbudgeted Police Department overtime, $400 for Bandshell rental and $50 for electrical. Fees waived from last year approximated $400. Concerns had been expressed regarding impacting the Police overtime budget. The Jaycees were contacted and they have indicated they will pay the Police cost. Commissioner Fitzgerald moved to waive City charges and insurance requirements with the understanding the Police overtime cost will be borne by the Jaycees. The motion was duly seconded and carried unanimously. ITEM #46 - Contract to purchase Downtown Maas Brothers property located at 320 Cleveland Street, Clearwater, FL, in the amount of $1.9 million, with a deposit of $190,000 and approve an interfund loan in the same amount from the central insurance fund, bearing interest at the cash pool rate, to be repaid with Penny for Pinellas collections on or before September 30, 1994. The contract for Sale and Purchase and supporting documentation are the result of several months of negotiations between Allied Stores General Real Estate Company and City staff. The contract is subject to the entry of an order approving the document by the bankruptcy court, Southern District of Ohio. The contract is subject to bidding by others. The seller may accept a bid at least 5 percent higher than the City's contract purchase during a predetermined court period. Should this transpire, the City has the option of submitting a higher bid, not necessarily in 5 percent increments, or withdrawing from the process and recovering its deposit and earned interest. The ultimate funding for this purchase will be made from the "Penny for Pinellas" infrastructure tax collections originally budgeted for the Myrtle Avenue extension project, which has been cancelled. Because the Myrtle Avenue project was not scheduled for funding until Fiscal 93-94, the interfund loan is necessary to avoid delaying other projects already scheduled. The City Attorney reviewed the changes that had been made to the draft the Commission had been provided. He indicated he had also prepared a resolution as proof the Mayor has the authority to sign the contract. A question was raised regarding whether or not Maas Brothers owed the City any funds due to parking meter agreements. Staff will research this. Discussion ensued regarding the deposit and it was indicated the deposit would be returned along with accumulated interest if the contract is not ratified. If the contract is ratified, the deposit and accumulated interest will go to the sellers. The accumulated interest will not apply to the purchase price. Concerns were expressed regarding the interest not being applied to the purchase price and that the City will have to pay for the doc stamps (approximately $12,000). It was reported a great deal of negotiation had taken place as the original contract proposed by the sellers had the City paying all the costs. Commissioner Berfield moved to approve a contract for the purchase of the Maas Brothers property located at 320 Cleveland Street in Clearwater, Florida in the amount of $1.9 million, with a deposit of $190,000 and approve an interfund loan in the same amount from the central insurance fund, bearing interest at the cash pool rate, to be repaid with Penny for Pinellas collections on or before September 30, 1994. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #91-38, authorizing execution of a contract for sale and purchase of the "Maas Brothers Property" with Allied Stores General Real Estate Company, and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-38 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #47 - Library Board - 1 appointment (CLK) Commissioner Regulski moved to reappoint Katherine W. Merriam. The motion was duly seconded and carried unanimously. ITEM #48 - The Long Center Board of Directors - 2 appointments (CLK) Commissioner Berfield moved to continue the appointments. The motion was duly seconded and carried unanimously. ITEM #49 - The Center Foundation Board of Trustees - 1 appointment (CLK) Commissioner Regulski moved to clarify that William Zinzow, who was appointed at the August 15, 1991 meeting will serve the full term which expires 9/30/94. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to continue the other appointment. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #50 - Ordinance #5128-91 - Relating to vehicular traffic, creating Ch. 135, consisting of Secs. 125.01 thru 125.07, restricting practice of "cruising" or unnecessary repetitive driving on certain streets, providing for fines, effective date, and automatic repeal as of 5/1/92 Discussion ensued regarding the need to re-enact this ordinance due to it not being necessary to fully implement its provisions during the past six months. It was stated the fact the ordinance had not had to be implemented showed it had been effective in alleviating cruising problems on the Beach. The City Manager indicated the noise ordinance had also been vigorously enforced during this time and it is difficult to measure the success of this ordinance. The City Attorney presented Ordinance #5128-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5128-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #51 - Ordinance #5133-91 - Relating to water shortage plan, amending Secs. 52.43 thru 52.50, defining "Code Enforcement Officer" and "water shortage plan" The City Attorney presented Ordinance #5133-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5133-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #52 - Ordinance #5134-91 - Amending Secs. 1.08, 71.36, 93.04, 93.28, 94.02, 95.15 & 137.034 - revising a number of provisions in the City Code The City Attorney presented Ordinance #5134-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5134-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #53 - Resolution #91-29 - Requesting Pinellas County to cancel and discharge certain tax liens and grant tax exemptions for municipal property acquired for public purposes The City Attorney presented Resolution #91-29 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-29 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #54 - Resolution #91-33 - Dedicating 15' drainage easement located on S side of Sand Key Sailing Center on Gulf Blvd. This item was pulled from the agenda. XIV - Other City Attorney Items ITEM #55 - Request for Approval to File a Complaint for Writ of Replevin to Recover Property (Rubalcava) On January 30, 1990, Theresa Rubalcava purchased from the City a 3 1/2 ton A/C unit together with coil and thermostat and a 39 gallon hot water heater. The purchase price including installation and finance charge was $6,552.30. The monthly payment due is $273.00. Mrs. Rubalcava is behind in her monthly payments in the amount of $1,726.64. The last payment on this account was made in April, 1991. Authorization is sought to bring an action to recover the above described property. Commissioner Regulski moved to authorize filing a complaint for Writ of Replevin to recover the property from Mrs. Rubalcava. The motion was duly seconded and carried unanimously. ITEM #56 - Authorization to File lawsuit regarding Sanitary Sewer Line on Stowell property Concerns were expressed that no progress has been made in reaching an agreement with Mr. Stowell to allow the City to reinforce the sewer line. If the line breaks, untreated sewage will go into Tampa Bay. Commissioner Regulski moved to authorize the City Attorney to file a lawsuit. The motion was duly seconded and carried unanimously. XV - City Manager Verbal Reports - None. XVI - Other Commission Action Mayor Garvey announced water restrictions have been lifted. She stated watering is still prohibited between 10:00 a.m. and 4:00 p.m. daily. There are some exceptions and citizens should call the City if they need further information. XVII - Adjournment The meeting adjourned at 7:20 p.m.