02/05/1998 (2)
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COMMISSION
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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 5, 1998
Present:
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Michael J. Roberto
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
Absent:
Rita Garvey
Mayor/Commissioner
. The Vice.Mayor called the meeting to order at 6:00 p.m. at City Hall. The
invocation was offered by Reverend Otis Green of Everybody's Tabernacle. The Vice-
Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Service Awards - None.
ITEM #4 - Introduction and Awards
Proclamations:
Burn Awareness Week - February 8.14, 1998
ITEM #5 - Presentations - None.
ITEM #6 - Aooroval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of
January 15, 1998, 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 AQenda
Astrid Convers Almstead & Kathv Conyers Cohee. children of a motorcycle officer
killed in the line of duty, expressed concerns regarding returning motorcycles to the police
force. They indicated motorcycles had previously been taken off the police force due to
high numbers of casualties.
Raloh Soencer thanked the City Commission for their hard work. He expressed
appreciation to Mayor Garvey regarding her efforts to promote goodwill in Nagano, Japan.
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PUBLIC HEARINGS
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He said he disagreed with the Eller Media settlement unless all billboards are removed in
accordance with the City's sign ordinance. He requested reconsideration of the January
15, 1998, settlement approval. He said his neighborhood is partially zoned multi~family.
The Morningside Meadows Homeowners Association discussed this matter last night, and
Mr. Spencer said he anticipates the City Commission will receive additional correspondence
from homeowners on this topic.
Garv Benjamin, Chairman of the Clearwater AA (Airport Authority Board), the FAA
(Federal Aviation Administration) wllllikely participate with the City in several safety
projects at the Airpark. As a result, the City will save $227,000 in the capital budget over
the next two years. FAA funding will not involve operational requirements and restrictions.
He expressed concern that AA meetings are no longer being televised and requested this
be reconsidered.
John Tassanari said he felt the City Manager has a lot to learn about Clearwater.
He said he felt the City does not care about the average taxpayer. He said there is a
problem in reaching the police department. He also opposed a playground on the beach.
He said the City's needs would be better served by making a decision on the bridge. He
said a resident gave a bottle of champagne to the Mayor at a public meeting and asked if
an enticement law exists in Clearwater. City Attorney Pam Akin said there is no law
stating a resident cannot give a gift of champagne.
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Rov Cadwell expressed concern regarding increased Solid Waste rates and
suggested the City reduce collection frequencies.
ITEM #8 - Variance(s) to SiQn Reoulations for oropertv located at 26990 'US 19N, Sec. 30-
28-16, M&B 31.03, 31 .04 & part of 31 .02 (University High Equity Real Estate Fund II,
Jean F. Shelling, Trustee and TM Clearwater Realty Limited Partnership / Lowe's, SV98-03)
The property proposed by Lowe's for redevelopment is bounded on the east and
west by US 19 North and Enterprise Road, respectively, and is approximately 0.1 mile
south of S. R. 580 in the Commercial Center zoning district. The applicant is requesting a
variance of 327 square feet to allow 477 square feet of attached sign area oriented toward
US 19 North where a maximum of 150 square feet is permitted. Three signs are proposed
on the east side of the store: 1) "Lowe's Home Improvement Warehouse"; 2) "Indoor
Lumber Yard"; and 3) "Garden Centerlt Staff does not support the request but can
support a lesser variance of 1 87.5 square feet due to the size of the property, and the
structure's distance from the street right-of-way I Approval of a 187.5 square foot variance
would allow 337.5 square feet of attached sign. '
Ed Armstrong, representing the applicant, felt the applicant has gone above and
beyond Code requirements for landscaping and other issues. He concurred with staff's
recommendation for a lesser variance. Commissioner Seel moved to approve a variance of
187.5 square feet to allow 337.6 square feet of attached sign area oriented toward U.S.
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19N. on property identified as Sec. 30-28.16, M&B's 31.03,31.04 and part of 31.02, for
meting Sec. 45.24 Standards for Approval, items (1 )-(4). The motion was duly seconded.
In response to a question, John Richter, Senior Planner, said the applicant can
determine the distribution of the square footage among the three signs.
Upon the vote being taken, it carried unanimously.
ITEM #9 - Public Hearino & First Readino Ord. #6231-98 - Rezonino to MPD for property
(Sunshine Mall) located on S corner of Druid Rd., W of Missouri Ave., approx. 640' N of
lakeview Rd., and E of Greenwood Ave., Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15,
M&B 21.01 & 21.02; approve concept plan & refer final site plan to DRC for approval &
certification (Mary Taylor Hancock; Jean Taylor Carter & John S. Taylor III, 298-02)
The applicants are requesting a zoning change for the Sunshine Mall property, at
1200 South Missouri Avenue on the southwest corner of the Druid Road and Missouri
Avenue, north of lakeview Road and east of Greenwood Avenue. They propose to rezone
the property and to replat it into apartment units and commercial uses. Parcels 1 - 5C will
be used for commercial uses and Parcels 6 and 7 for residential uses. The rezoning will
permit 608 apartment units if rezoned MPD (Master Planned development District.) The
property is presently zoned CC (Commercial Center) and RM-28 (Multiple Family Residential
"Twenty-Eight") with compatible land use plan classifications of Commercial General and
Residential High respectively. No land use plan amendment will be involved in the rezoning
request. All land assigned the proposed zoning district requires a concept plan be approved
by the City Commission. It includes the conceptual layout for apartment buildings,
perimeter landscaping buffers for the entire site, and the existing driveways for access.
The total land area for the site is 35.4 acres. Twenty-five acres or more are required to
establish a new MPD district. This site exceeds 25 acres in area requiring review and
approval by the City Commission of the associated site plan simultaneously with this
request. The proposed development will involve substantial improvements at the site
including water, sewer, drainage facilities, roads, and parking facilities to be installed to
City standards and in a manner consistent with the approved final site plan. The proposed
development will be consistent with an approved site plan that has not been submitted for
certification, and that will be required to include: 1) a landscaping plan; 2) a lighting plan;
3) a solid waste system; 4) a parking layout relative to the proposed development; 5) a
traffic circulation plan; and 6) internal circulation points of access and cross-access.
Density requirements will be met at the permitted density of 24 units per acre. Parcel #7
will be used for construction of 408 elderly apartment units. Parcel #6 will be used for
construction of 200 general apartment units. The commercial facilities will be on the east
side of the subject properties. Staff is working with the applicants to prepare a traffic
impact study to determine peak hour levels of service in accordance with the concurrence
management program and potential roadway improvements. Staff is reviewing landscape
concepts and existing drainage issues. The rezoning request is consistent with the
surrounding land use patterns and in character with the neighborhood. The project will
contribute positively to redevelopment of the area.
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Ed Armstrong, representing the applicant, said the project is comprised of: 1) 9
acres of commercial frontage along Missouri Avenue; 2) 408 elderly housing units under
contract with CEO Construction Company; and 3) 200 unrestricted apartments at the
southern portion of the site. He said the applicants are requesting a reduction of 200,000
commercial square feet.
Scott Culp, Director of Development for CED Construction, said his company has
developed multifamily communities for more than 35 years. The company currently owns
and operates 72 communities with more than 15,000 apartment homes. Developments are
not sold once developed. The proposed community will include more landscaping and
buffers than required. The development will be gated with a main entrance through the
retail portion of the property. Common amenities will be included in each phase. Resident
views will be oriented inward and away from the street.
As the project is contingent upon approval of State tax credits, it was questioned
what would happen should the tax credits be denied. Mr. Armstrong said the
developer/owner would be required to rezone only the portion involving CEO Construction
Company.
In response to a question, Mr. Culp said the tax credit process is competitive. CEO
President Mike Shari no said this year the State has given priority to elder housing projects
in certain census tracts, and this is one of them. He felt the project will experience a high
degree .of success.
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Concern was expressed regarding age restrictions. Mr. Culp said no final
determination has been made whether the restrictions will be between the ages of 55 and
over, or 62 and over. The Federal Tax Credit Program includes restrictions on income
levels and rents. In response to question, Mr. Armstrong felt if the CEO is unable to go
forward, developing the property will be easier with the zoning change. The project will
not move forward until the City Commission approves the site plans. The number of units
cannot be changed without City Commission approval.
Anthony Everett, of International Realty, said his firm has a contract to develop 200
residential unrestricted apartments on this property. The units will range in size from 51 6
to 1,100 square feet. The community will have a dedicated entrance and controlled
access.
Pat Norman, a Sunshine Terrace resident, expressed her concern regarding the
City's ability to accommodate the increased water, sewage, garbage and drainage issues
involved with such a project. Public Works Administrator Rich Baier said the City is
working with the applicant to address all pertinent issues.
Commissioner Hooper moved to approve the Petition for rezoning to MPO for
property (Sunshine Mall) on south Corner of Druid., west of Missouri Avenue,
approximately 640' north of Lakeview Road., and east of Greenwood Avenue., Sec. 15-29-
15, M&B 34.01 and Sec. 22 29-15, M&B 21.01 & 21.01; approve concept plan & refer
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final site plcim to ORC for approval and certification. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6231-98 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6231-98 on first reading. The
motion was duly seconded and upon roll caU, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Seel.
"Nayes":
None.
Absent:
Garvey
Public Hearino - Second Reading Ordinances
ITEM #10 - Ord. #6218-98 - Relating to utilities; amending Sees. 32.062, 32.066, 32.070,
32.071, 32.072, and Appendix A, Art. XXIV Utilities - General and Deposits: and Appendix
A, Art. XXV Public Works - Fees, Rates and Charges
The City Attorney presented Ordinance #6218-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #621 8-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper and Seel.
. "Nayes":
None.
Absent:
Garvey
ITEM #11 - Ord. #6222-98 - Annexation for property located at 1573 Owen Dr., Orange
. Blossom Sub., Lot 7 (Kim Wayne Biser, A97-13)
The City Attorney'presented Ordinance #6222-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6222-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"~yes":
Johnson, Clark, Hooper and Seel.
"Nayes":
None.
Absent:
Garvey
ITEM #12 - Ord. #6223-98 - RS-4 Zoning for property located at 1573 Owen Dr., Orange
Blossom Sub., Lot 7 (Kim Wayne Biser, ~97-13)
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The City Attorney presented Ordinance #6223-98 for second reading and read it by
. title only. Commissioner Clark moved to pass and adopt Ordinance #6223-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper and See I.
"Nayes":
. None.
Absent:
Garvey
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ITEM #13 - Ord. #6224~98 - Annexation for property located at 1934 Atlantis Dr., Sunset
Point Estates, Blk A, Lot 27 (Charlene Boatwright, Hubert & Mildred James, A97-14)
The City Attorney presented Ordinance #6224-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6224-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayes":
~ohnson, Clark, Hooper and Seel.
"Nayes":
None.
Absent:
Garvey
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ITEM #14 - Ord. #6225-98 - RS~8 Zoning for property located at 1934 Atlantis Dr., Sunset
Point Estates, Blk A, Lot 27 (Charlene Boatwright, Hubert & Mildred James, A97-14)
The City Attorney presented Ordinance #6225-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6225-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayes":
Johnson, Clark, Hooper and See I.
"Nayes":
None.
Absent:
Garvey
ITEM #15 - Ord. #6226-98 - Annexation for property located at 181 Pinewood Ave.,
Eastwood Terrace 1st Add., Blk D, Lot 2 (Alfonso Tundidor, A9S-01)
The City Attorney presented Ordinance #6226-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6226-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper and Seel.
"Nayes":
None.
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Absent:
Garvey
ITEM #16 - Ord. #6227-98 - RS-6 Zoning for property located at 181 Pinewood Ave.,
, Eastwood Terrace 11t Add.. Blk 0, Lot 2 (Alfonso Tundidor, A98~01)
The City Attorney p~esented Ordinance #6227-98 for second reading and reDd it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6227-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper and Seel.
"Nayes":
None.
Absent:
. Garvey
CITY MANAGER REPORTS.
ITEM #17 - Aocroval of Purchases & Declaration of Surolus oer 01/15/98 memorandum: -
Bridges Equipment Co., Inc., three 1998 Kubota agricultural tractors, $74,653.14; funding
to be provided under City's Master lease-Purchase Agreement ($68,953.141 and current
fiscal year operating savings from Parks and Recreation/Parks for vehicle upgrades
($5,700)(GS)
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Xerox Corp., extension, maintenance of City's Xerox 5090 high speed copier, 01/30/98-
02/01/99, estimated $27,780 (1M)
West Coast Plumbing and Gas, Inc., gas meter change out and loop rebuilding, date of
award through 02/28/99, estimated $42,000 (GAS)
Van Waters and Rogers, extension, chlorine in one ton cylinders and in 150 pound
cylinders, award date through 02/03/99, estimated $137,505.38 (FN)
Declare surplus to City needs, one 1983 Dodge pickup truck, G-272, with 87,241 miles;
authorize disposal to highest bidder (FN)
ITEM #18 -1998 Underdrain Contract. Overstreet Pavinq Comcanv. $731.617.70 (PW)
. In regard to Item #18, Mr. Baier said retainage is withheld until all specifications in
the contract are met.
Commissioner Seel moved to approve the Consent Agenda as submitted and to
authorize the appropriate offices to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #19 - First Reading Ord. #6232-98 - AmendinQ Ch. 33. Sec. 33.067, relating to
waterways and vessels, to amend defined areas for speed restrictions of vessels (extending
wake zone in Clearwater Pass Channel by approx. 350 yards west of Clearwater Pass
Bridge, to a point marked by Clearwater Pass Light 6) (MR)
By extending the wake zone in Clearwater Pass by approximately 350 yards west of
the Clearwater Pass Bridge, to a point marked by Clearwater Pass Ught 6, vessels
anchored and using the beach on the north side of Clearwater pass will be protected from
wakes by passing vessels. This will locate the wake zone approximately 900 yards west
of the Clearwater Pass Bridge. This request was reviewed and approval recommended by
the Marine Advisory Board. The Florida Marine Patrol has advised the City that the
extension of the wake zone would be approved. If the ordinance is passed, the State will
send an amendment to the City permit. The U. S. Coast Guard has advised the City they
have no objection to extending the wake zone and placing wake zone signs on Clearwater
Pass Light 6. All other existing City wake zones remain unchanged.
In response to questions, Harbormaster Bill Held said at the time of construction of
the jetty at Clearwater Pass, the City met all federal and state laws safety issues. A recent
accident is under investigation by the Florida Marine Patrol. Should the City wish to make
changes to the jetty, permits would be required.
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Commissioner Clark moved to approve amendment to Chapter 33, Section 33.067
of the Code of Ordinances extending the wake zone in Clearwater Pass Channel by
approximately 350 yards west of the Clear,water Pass Bridge, to a point marked by
Clearwater Pass Light 6. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6232-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6232-98 on first reading. The motion
was dUly seconded and carried unanimously.
ITEM #20 - Award Phase I of proiect for Oroanizational Review Services to Public
Strategies Group, base fee $20,000 plus performance fee not to exceed $5,000 and travel
& incidental expenses not to exceed $6,000 (CM)
Three firms out of nine lthat submitted RFQs (Request for Propo~all for a Phase I
organizational review of City operations) were considered. Estimated costs indicated in
their proposals are as follows: 11 Public Strategies Group total fees of $95,000; total
travel costs of $23,000; 2) Arthur Anderson total fees of $1,080,000; total travel costs of
$162,000; and 3) Management Partners, Inc. total fees of $321,730; total travel costs of
$69,880. Phase I is a diagnostic phase to determine how the City can enhance customer
service. The firm selected will gather information and data from the City, conduct
interviews with stakeholders, and perform a preliminary SW AT (Strength and Weakness
Assessment.) Once Phase I is complete, the firm will determine the remainder of the work
to be performed for the project, how the work can be performed, time period, and a better
estimate of the remaining project costs. Subsequently, the City will determine how to
proceed with completing the project.
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Clarification ~f page 5 of the RFP (Request for Proposal) regarding unsatisfactory
results from a contractor was requested. Ms. Rice said the language refers to nonpayment
for unsatisfactory services. If exceptional work is performed, a bonus is awarded. The
City can identify specifics regarding unsatisfactory work. The contractor is provided a
second opportunity to perform. Should they still be considered unsatisfactory, they will not
be paid. Ms. Rice agreed $31,000 is the maximum to be awarded for Phase 1.
In response to questions, Ms. Rice said Phase 1 involves a diagnostic look at the
entire City organization to determine if the City is designed for the best efficiency and to
provide the best customer service for residents. It was noted the total for all phases is less
than bUdgeted. In response to a question, the City Manager said all payments, excluding
travel expenses, can be refunded if the services are unsatisfactory.
Commissioner Seel moved to award Phase 1 of the project for Organization Review
Services to the Public Strategies Group for a base fee of $20,000 plus a performance fee
not to exceed $5,000, and travel and incidental expenses not to exceed $6,000, and the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #21 - Librarv Board. 1 appointment (ClK)
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Commissioner Clark moved to appoint Lois Martin. The motion was duly seconded
and carried unanimously.
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ITEM #22 . Parks and Recreation Board - 1 appointment (elK I
Commissioner Clark requested the City Commission defer their consideration of
William Kirbas's reappointment to the board until after the election.
Commissioner Seel moved to appoint Kim Cashman to the board. The motion was
duly seconded and carried unanimously.
ITEM #23. Appointment of Commissioner to represent the Commission as the Canvassing
Board re 3/10/98 Municipal Election (ClK)
Commissioner Hooper moved to appoint Commissioner Clark to represent the
Commission as the Canvassing representative. The motion was duly seconded and carried
unanimously.
ITEM #24 - Other PendinQ Matters - None.
CITY ATTORNEY REPORTS
ITEM #25 - Res. #98-08 - Assessing property owners the costs of having mowed or
cleared owners' lots.
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Commissioner Clark said the Historic Preservation Board minutes indicated a
neighborhood effort to raise funds for a gate at the Magnolia Street dock. He said a gate
. , was to have been installed when construction took place. Mr. Baier said a gate was
Installed, but neighbors decided to raise funds for an upgraded gate.
Commissioner Seel thanked 'the City Manager and C-Vlew TV staff for the new
captions at the bottom of the television screen during City meetings. The captions afford
the public more information regarding topics discussed. She noted the City Commission
agenda is available on C-View TV for public view. The City Manager said the City also
makes the agenda available via fax.
Commissioner Johnson said the City received $100,000 from the State as a first
payment for Brownfields cleanup. He reminded everyone to attend Saturdays In the City,
next to Station Square. The Phillles' welcome is scheduled at the Harborview Center on
February 24, 1998. The first Spring Training game is scheduled for February 28, 1998.
ITEM #29 - Adiournment
I.
The meeting adjourned at 7:35 p.m.
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City Clerk
ATTEST:
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