01/16/1992 (2)CITY COMMISSION 14EETING
January 15, 1992
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, January 16, 1992 at 6:00 p.m., with the following members
present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Michael J. Wright
Richard Hull
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by Father James Rousakis of the Greek Orthodox
Church of the Holy Trinity Church.
City Manager
Assistant City Attorney
Public Works Director
Planning and Development Director
City Clerk
In order to provide continuity for research, the items will be listed in
agenda order although not necessarily discussed in that order.
ITEM #3 - Service Pin Awards.
Five service pins were awarded to City employees.
ITEM 44- Introductions and Awards.
Dwayne Vaughan, Firefighter, was awarded the January 1992 Employee of
the Month Award.
ITEM #5 - Presentations
a) Departmental Presentation -,Computer Information Services
Laura Chase, CIS Manager, reviewed the operations of the division.
b) Water Tapping.Champions
Florida State Water Tapping Championship award was presented to
the Clearwater Team.
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Commissioner Regulski moved to approve the minutes of the regular
meetings of December 19, 1991 and January 2, 1992, and s ecial meetings of
August 5, 1991 and November 18, 1991, as recorded and submitted in written
summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
ITEM #8 - Public Hearin & First Reading Ordinance #5163-92 - Vacating the
westerly 1.5 feet of the easterly 10 foot utility easement lying along the
east side of Lot 90, Willow Ridge Replat less the southerly 10 feet and
northerly 5 feet (Isms V91-14)(PW)
The applicant has a pool structure which encroaches approximately 1.3
feet into the easement and the decking encroaches another 3.3 feet. The
applicant is requesting the Westerly 1.5 feet of the 10 foot easement be
vacated.
There are no objections by the City Departments concerned or the three
utility companies.
Commissioner Fitzgerald moved to approve the vacation of the Westerly
1.5 feet of the Easterly 10 foot Utility Easement lying along the East side of
Lot 90, Replat of Willow Ridge Subdivision less the Southerly 10 feet and the
Northerly 5 feet. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5163-92 for first
reading and read it by title only. Commissioner Fitzgerald moved to pass
Ordinance #5163-92 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 #9 - (Cont. from 11/21/91) Alcoholic Beveraae Distance Separation
Variance for property located at 850 Bayway Blvd., Bayside Sub. No. 6; Unit A,
Blk D, Lot 12 and Unit C, Blk D, Lots 13-15 (Resolution Trust Corp./Hollywood
Federal Bank AB91-23)(PLD) To be Cont. to 2/6/92
The applicant has requested this item be continued
1992. The Commission was advised action on this request
February 6 or the request will be invalidated since the
mandates Commission action occur within 90 days of first
until February 6,
must occur on
code specifically
consideration.
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. Commissioner Runamaker moved to continue this item to the next regularly
scheduled meeting of February 6, 1992. The motion was duly seconded and
carried unanimously.
ITEM #10 - Alcoholic Beverage Distance Se aration Variance for property
Leone's Pizza and Italian Eatery located at 2551 Drew St., Suite 107, Campus
Walk Sub., Lot 2A (Levitt AB92-02 (PLO)
The establishment is "Leone's Pizza and Italian Eatery" which has been
in business under the current ownership since October 1, 1991. A minimum
distance separation variance of 180 feet is required because the subject
property is 120 feet from a RM16 (Multiple-Family Residential "Sixteen")
District.
The property is zoned CH (Highway Commercial District). The allowable
seating capacity is 50 patrons as determined by the Fire Marshal. There are
no additional parking requirements for this use beyond that required for
Campus Walk Shopping Center. The proposed hours of operation are 10:00 a.m.
to 10:00 p.m. daily.
The applicant's request for a conditional use permit was approved by the
Planning and Zoning Board at its December 17, 1991 meeting subject to four
conditions: 1) The sales of alcoholic beverages shall be limited to
consumption on premises with no package sales; 2) The requisite occupational
license shall be obtained within six months from the date of this public
hearing; 3) The applicant shall obtain approval from the City Commission for a
variance of 180 feet to permit alcoholic beverage sales 120 feet from a
e residential zone; and 4) The sale of alcoholic beverages shall be prohibited
after the hours of 10:00 p.m.
The Traffic Engineer has no objections to this request and the police
department indicates there has been no criminal activity in the past year.
Robert Resch and Madeline Leone appeared in behalf of the application.
In response to a question, Ms. Leone indicated there would be no take-out of
alcoholic beverages.
A question was raised regarding the ability to enforce the Planning and
Zoning Board's condition that the establishment close at 10:00 p.m. every
night. Ms. Leone and Mr. Resch indicated the Planning and Zoning Board had
extended the hours to midnight on Friday and Saturday. Mr. Polatty indicated
this is not what is reported in the agenda item. Staff is to research this to
determine the condition imposed by the Planning and Zoning Board. There was
general concern that the Planning and Zoning Board may be imposing hour
restrictions in areas where it may not be necessary.
Commissioner Regulski moved to approve a variance of 180 feet for the
subject property to allow alcoholic beverage sales 120 feet from a residential
zone. The motion was duly seconded and carried unanimously.
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• . 1..I'I w/ri - .YI ILLIIV V.d VV V • 11 1\V N V !VIlM I V . v ,. „ •VYN VV YVVi VM.IV
Point Rd. Sunset-Coachman Center Tract A, Great Western Bank/Hippenstie
SV92-03 PLD
The applicant is requesting four variances to the city's sign
regulations: 1) 42.3 sq.ft. property identification signage to permit a 66.3
sq.ft. pole sign; 2) 14 feet to permit a 20 foot high pole sign; 3) 40.5
sq.ft. business identification signage to permit 55.5 sq.ft. of such sign --.ne:
and 4) one business identification sign to permit two such signs. The
variances are sought to the applicant to use the existing pole
(property identificatio?ermit
sign structure facing Sunset Point Road which is
larger and taller than allowed by code and to allow a second business
identification (wail) sign facing Old Coachman Road that is larger in area
than allowed by code.
The applicant's property is located at the southeast corner of Sunset
Point Road and Old Coachman Road and is zoned Limited Office. It fronts on
Old Coachman and also on Sunset Point, a major thoroughfare. The applicant is
the new occupant of the property.
The permitted signage for a freestanding business in an OL district is:
1) one business identification sign with a surface area of 15 square feet; and
2 one property identification sign with a maximum surface area of 24 square
feet for a pole sign and 48 square feet for an attached (wall) sign. The
maximum allowable height of a pole sign is six feet. The property does not
front on two major thoroughfares as designated on the thoroughfare plan, and
is therefore entitled to only one property identification and one business
identification sign.
Regarding the applicant's proposed pole sign, the existing pole sign
structure is proposed to be retained. The applicant states that meeting code
requirements creates a disadvantage with competitors who are permitted 20 foot
high signs with surface areas of 56 square feet or larger depending on the
zoning district in which they are located. The proposed Countywide Sign
Regulations permit a maximum height of 12 feet and surface area of 50 square
feet for freestanding signs in Office Districts. The applicant's property
appears to have been zoned OL due to its proximity to residential districts on
the south and west of the property.
Staff recommends only to consider the sign height variance request. The
20 foot height proposed by the applicant is too high, but a 12 foot sign
height, given the proximity of other zoning districts which allow a 20 foot
tall sign appears reasonable. If the Commission is agreeable, staff would
propose a 12 foot maximum height for freestanding signs in the OL district,
bringing that district into conformity with the sign regulations of other
nonresidential zones. Staff would recommend no increase in the area allowed
for such pole signs, so the sign would be a maximum of 24 square feet in area.
Regarding the applicant's proposed
(wall) sign, although Old Coachman is not
it does serve as an arterial route to and
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additional business identification
designated as a major thoroughfare,
from the shopping districts and the
1/16/92
junior college campus to the south. It is reasonable for the applicant
desire adequate business signage facing Did Coachman Road in order to
advertise his establishment to the traffic traversing this road. If an
additional property identification sign was allowed, this sign could be
sign of 48 square feet in area. If a variance is granted to allow an
additional business identification sign, the maximum size should be 48
feet.
This variance, if granted, is to extend past the October 13, 1992
amortization period.
to
a wall
square
Jim Polatty, Planning and Development Director, indicated he did not
agree with the applicant's reasons for the variance and recommends only the
granting of a 12 foot high pole sign.
Boyd Hippenstiel, representing the applicant, stated he wished to
clarify that they are only requesting to replace existing signs with similar
signs. He distributed photographs of the property. He stated there are mixed
uses in the area and this OL zoned property is the only establishment with two
street frontages. He indicated their request would allow them to have signs
the same size as other banks in Clearwater.
One citizen spoke regarding the request indicating the signs are not
intrusive to the neighborhood however, alot of signage is not needed in this
area and he would like to see it stay that way.
Discussion ensued regarding the fact that the side of the street on
which Great Western Bank is located is open with a'pleasant view and as there
are few signs, large signs are not needed in order to identify the properties.
In response to a question, it was indicated the timeframe for four
laning of Sunset Point Road was not known. It was also reported the existing
height of the sign is 20 feet.
Commissioner Nunamaker moved to deny the variance requests for 42.3
sq.ft. property identification signage; 40.5 sq.ft. business identification
signage and an additional business identification sign and approve a variance
of 6 feet to permit property identification (pole) sign height of 12 feet,
subject to the requisite sign permits being obtained within six months of the
date of this public hearing and other than the exception made in the approval
of this variance, all signage on the property shall be brought into compliance
with city codes by October 13, 1992. The motion was duly seconded and carried
unanimously.
- front- from 1121921 Public Hearin? & First Readina Ordinance #5157-
92 - code amendment adopting the 1991 Standard Housing Code; applying the
provisions of Sec. 308 to hotels, motels, dormitories and lodging houses (PL4)
The Code of Ordinances currently adopts the 1979 Standard Housing Code,
which is not the most recent edition. Ordinance #5157-92 proposes to amend
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5
• the Code to adopt the most recent edition, the 1991 Standard Housing Code. in
addition, the ordinance proposes to apply the provisions of Section 308 of the
Standard Housing Code to hotels, motels, dormitories and lodging houses.
Staff intends to bring forward amendments to the Housing Code under a
separate ordinance in the near future to change the administrative process for
the housing inspection program.
The City Commission, in continuing this item from January 2, 1991,
desired additional information concerning the types and extent of the changes
in moving from the 1979 Standard Housing Code to the 1991 version. A listing
of the changes has been provided to the Commission. It should be noted that
several of the changes will result in reduced costs for property owners.
When an inspection determines that housing code violations exist, the
City makes available several forms of assistance to repair the home. The City
provides interest free deferred payment loans for qualified low income
owner/occupants of deteriorated housing. These loans do not need to be repaid
until the owner dies or vacates the residence. For higher income owners, the
Challenge 2000 program provides bank loans at favorable interest rates. Under
certain conditions, owner occupants whose housing is beyond repair can have a
new home built on their lot with low interest financing. Renters of
substandard housing who must vacate due to government action are given
preference for housing authority assistance. Owners of rental property can
participate in a rental housing rehabilitation program which can provide up to
50% of the cost of needed repairs.
A citizen questioned whether or not the ordinance would require smoke
detectors in all homes and residences, if so, whether or not this was a
mandate from the State and what authority there would be for inspections
regarding this.
In response to these questions, it was indicated the smoke detectors
would be required in all homes and residences. This is the result, not of
State mandate, but rather for safety reasons it is now a part of the model
code of the Southern Standard Building Congress. A high percentage of
jurisdictions in Florida have adopted this code.
It was reported there will be no door to door inspections of residences
and inspectors are only allowed to go inside to inspect a residence when the
occupant allows the inspector to do so. It was stated the lack of smoke
detectors would most likely be noted only when inspections for more serious
infractions are bung done.
Commissioner Regulski moved to approve the amendment adopting the 1991
Standard Housing Code and applying the provisions of Section 308 of the
Standard Housing Code to hotels, motels, dormitories and lodging houses. The
motion was duly seconded and carried unanimously.
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I
• The Assistant City Attorney presented Ordinance #5151-92 for first
reading and read it by title only. Commissioner Regulski moved to pass
Ordinance #5151-92 on first reading. The motion was duly seconded and upon
roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #13-26) - Approved as submitted.
Agreements - Approved.
ITEM #13 - Highway Landscaping Memorandum of Agreement with FDOT to allow the
city to install and improve the landscaping on the Court Street Medians
between Hillcrest and Madison Avenues ($32,000)(PR)
Citizens & Staff Requests - Approved.
ITEM #14 - Reject settlement offer in Roger Brennan v. Cit-of Clearwater (CM)
ITEM #15 - Authorize a eal in Dimmitt v. City of Clearwater
Bids & Contracts - Awarded.
® ITEM-#16.--Purchase o
- Nurc
, Tampa, FL, at a total cost of $91,113 (PW
0 (PR)
19 - Contract for delivery of 2.520 oallons of 16-4-8 Fertil
93,
Fertilizer, Altamonte Springs, FL,' for the period 1/30/92-12/31/92, at an
annual cost of $12,429.18 (PR)
ITEM #20 - Contract for refurbishment of 6 metal light Poles at Jack Russell
Stadium to_P.J. Callaghan Company, Inc., Clearwater, FL, for 62,880 PR
- Contract for Marshall Street South Interceptor - Phase II
m Southeast, Inc., Jacksonville, FL, for $294,915.15 PW
as
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7
Parks and Recreation Department for the 800 mHz Trunked Radio System to
General Electric Company, Lynchburg, VA, at a total cost of $16,135 (GS)
C.
approve
extension of
by $461.40
days (PW)
new total
ITEM #23 - C.O.#1 to the 1991 Sidewalk Contract increasing the amount by
37,713 for a new total of $155,833 PW
Plans & Plats
- Preliminarv Site Plan for Sauare "D"
Hercules Ave. N. (Mullen/Buchanan)(PLD) Receive the preliminary site plan and
authorize the DRC to approve the final site plan subject to the applicant
providing sufficient information to permit staff to review the stormwater
detention aspects of the site.
Receipt & Referral - Received and Referred.
ITEM #25_ -__Pronosed_amendments CA-G1 tothe__Comprehensive-P_lan (PLD)
CITY ATTORNEY
C.
•
Agreements, Deeds & Easements
ITEM #26 - Easement Relocation Agreement - Lots 1 and 2 and part of Lots 3, 25
and 26, Bik J, Boulevard Heights Sub. DRP of Alabama, Inc.)
Commissioner Nunamaker moved to approve the Consent Agenda as submitted
and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #27 - Curbside Recycling conceptual plan which includes take over of
existing curbside routes for newspaper recycling from Recycling and Recovery
Systems, Inc., establishes a pilot full scale curbside recycling project in
Morningside, Grovewood, The Meadows and Skycrest Subs. and a phased
implementation plan for citywide curbside recycling collection, processing and
marketing (PW)
In 1988, the City approved a contract with Recycling Recovery Systems,
Incorporated for the curbside collection of newspaper-at residential homes.
The Solid Waste Division believes it is in the City's best interest to take
over this collection service with the ultimate goal of implementing a full
scale citywide recycling program. The contract with Recycling and Recovery
Systems expired January 1 with an agreed extension to February 1. It is the
intent of the Solid Waste Division to take over the Recycling and Recovery
Systems routes with existing personnel and vehicles on February 1, 1992.
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1/16/92
Change Orders - Approved.
The approximately $550,000 annual subsidy to Recycling and Recovery
Systems, along with some additional overtime, will be used to help fund this
take over project. A reallocation of personnel and vehicles will also be
implemented. The vehicles to be used, side loaders, rear loaders and Eager
Beaver Trailers, are not ideal for this project and are temporary measures
only.
The Solid Waste Division will not implement public education at this
time but will only take over existing routes, providing only the limited
service previously provided by Recycling and Recovery Systems. At the same
time, the division will move forward to begin a full scale recycling pilot
project of approximately 800 homes in Morningside, Grovewood, The Meadows and
Skycrest Subdivisions. These residents will receive a yellow 18 gallon
curbside container in which to place their recyclables. These containers will
be picked up once a week on a regular garbage collection day by a specialized
recycling truck to be purchased from grant funds. A full scale education
program will be implemented for this project. A monthly report will be
provided to the Commission detailing the progress of the pilot study.
In March, the Solid
Proposal" (REP) for the p
This will include a local
around time and guarantee
to allow the processor to
prices.
Waste Division will proceed with a "Request for
^ocessing and marketing of collected recyclable s.
processing anti marketing facility to reduce turn
a market for vecyclables. Options will be included
serve ;nearby cities, thereby promoting better
When and if the pilot project is successful and Commission approval
obtained, the division will proceed with a phased, full scale, citywide
curbside collection processing and marketing program.
Bob Brumback, Assistant Public Works Director for the Utilities Group,
reviewed the proposed conceptual plan. He stated the pilot project would
include a draw down of the Morningside Drop-Off Center and would allow some
insight into attitudes and participation and a cost analysis of curbside
recycling. Status reports will be provided to the City Commission. He stated
they will be working with other communities regarding recycling and they will
look at a joint venture regarding yard waste and mulching. He presented maps
designating the areas of the current programs and the areas of the pilot
project. He stated 18 gallon containers will be issued for the pilot project
and the recyclables will be sorted at the curb.
A concern was raised that the container had no cover and wet newspapers
had no value for recycling. Mr. Brumback indicated this would be a part of
the education process.
A suggestion was made that as a part of the pilot project, at least
during a portion of the project, there be only once a week garbage pick-up.
This will be considered.
In response to a question regarding response of the homeowners, Mr.
Brumback indicated surveys are been built into the pilot project.
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1/16/92
A concern was raised that the container to be issued would be too small
to hold a weeks worth of recyclables. It was indicated larger containers are
available however, the cost goes up considerably and other communities are
using 14 gallon containers. It was stated that a part of the pilot project is
to determine the size and number of containers that will be needed for
citywide implementation of curbside recycling.
It was stated education was needed regarding recyclables as jars must be
cleaned and only certain plastics can be accepted.
A question was raised regarding what cardboard could be accepted at
drop-off centers and it was stated corrugated cardboard, not such things as
pizza or cereal boxes.
In response to a question, it was indicated residents are encouraged to
put out their black barrels only when full and not twice a week if not
necessary.
Commissioner Fitzgerald moved to approve the curbside recycling
conceptual plan. The motion was duly seconded and carried unanimously.
ITEM #28 Neighborhood Advisary Committee - 1 appointment (CLK)
Commissioner Fitzgerald moved to appoint Robert L. Mitchell to the North
Greenwood category. The motion was duly seconded and carried unanimously.
• Other Fending Matters - None.
CITY ATTORNEY REPORTS
First Reading Ordinances
- Amendin
The Assistant City Attorney presented Ordinance #5167-92 for first
reading and read it by title only. Commissioner Regulski moved to pass
Ordinance #5167-92 on first reading. The motion was duly seconded and upon
roll call, the vote was:
"Ayes": Reguiski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #30 - Ordinance #5168-92 - Amending Sec. 61.41 to set an application fee
for taxicab operators' permits
The Assistant City Attorney presented Ordinance #5165-92 for first
reading and read it by title only. Commissioner Fitzgerald moved to pass
Ordinance #5168-92 on first reading. The motion was duly seconded and upon
roil call, the vote was:
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•
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM-131 --Other City Attorney Items - None.
ITEM #32_ _City_Manauer Verbal_Reports -..None.
ITEM #33 - Other Commission Action
Commissioner Nunamaker complimented the Gas Division on how quickly they
did three different installations at his home.
Adjournment
The meeting adjourned at 7:40 p.m.
: ?.
ATTEST:
Cit Clerk
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