09/17/1998 (2)
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COMMISSION
City Commisslon Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 17, 1998 - 6:00 P.M. - Commission Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
6. Approval of Minutes - Regular Meeting
9/3/98 & Special Meeting 9/3/98
(attorney/client)
7. Citizens to be heard re items not on the Agenda
1. Commissioner Clark.
2. Mayor.
3. 2 awards presented.
4. Proclamation:
Assisted living Week 9/13-19/98
5. None.
6. Approved as submitted.
Charles Riaas, representing the Chamber of Commerce requested consideration of a facade grant
, program for hotel properties on Clearwater beach.
Stepheno Maainat; thanked the Commission for Pier 60 entertainment, resurfacing of roads,
Community Sailing Center and support of Marine Science Center. He requested the arts be more fully
supported.
PUBLIC HEARINGS
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8.
Budget - 1998-99
a) Public Hearing & Second Readina - Ord.
#6328-98 - Declaring the Millage Rate for
Fiscal Year 1998-99 at 5.1158 mills
b) Public Hearing & Second Reading - Ord.
#6329-98 - Adopting the operating budget
for Fiscal Year 1998-99 '
c) Public Hearing & Second Reading - Ord.
#6330-98 - Adopting the capital
improvement program budget tor Fiscal
Year 1998-99
9. (Cant. trom 8/20/98) Public Hearing & First
Reading Ord. #6321-98 - Vacating full
EastlWest right-ot-way at Bryant Street
(formerly Bryan Avenue) lying 38' Westerly
of Lot 22, Oak Haven Sub., together with
that portion of the NorthlSouth right-at-way,
of Cross Lane lying south of Bryant Street,
subject to conditions (Medec I Gaylor
Engineering, V98-06)(PW)
J9i17/98
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8.
a) Ord. #6328-98 adopted.
b) Ord. #6329-98 adopted.
c) Ord. #6330-98 adopted.
9. Approved. Ord. #6321-98 passed 1 st
reading.
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.. ~10. Public Hearing & First Reading Ord. #6320~
I " ,P 98 - Amending Ord. #6268-98 to correct the
future land use designation from Residential
Medium to Residential/Office General (P.B.
Horlzon6 Inc., LUP98-03)(CP)
11. (Cont. from 9/3/98) Public Hearing & First
Reading Ord. #6331-98 - Relating to LDC;
amending Sec. 35.11, various sections in Ch.
40, & 41.053; and creating Sec. 41.281 to
establish standards for the siting, design,
mai~tenance, and use of telecommunications
towers and antennas (eA)
10. Approved. Ord. #6320-98 passed 1st
reading.
11. Continued to 10/1/98.
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Public Hearing - Second Reading Ordinances
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12. (Cont. from 8/20/97) Ord. #6289-98 - eN
Zoning for property located at NE corner of
intersection of Belleair Rd. and S. Ft. Harrison
Ave., Oak Haven Sub., lots 8-21 and Sec.
21-29-15, M&B 44.23 (proposed congregate
care facility use at 620 Belleair Rd.) (John A.
Lahars I Medec1 Z98-08)
13. 'Ord. #6314-98 - Annexation for property
located at 2355 Nursery Rd., Pinellas Groves,
o Sec. 19-29-16, SW%, part of Lot 18 (Kim B.
Wong, A98-24)
14. Ord. #6315-98 - Relating to removal of
abandoned shopping carts or parts thereof
from public property and from certain private
property where visible from public property;
creating Sec. 20.81 to authorize such
removal by the City Manager or designee;
providing for storage of such property and
notification to identifiable owners; providing
exceptions
15. Ord. #6317-98 - RS-2 Zoning for property
located at 2355 Nursery Rd., Pinellas Groves,
Sec. 19-29-161 SW%, part of Lot 18 (Kim B.
Wong, A98-24)
16. Ord. #6322-98 - Land Use Plan Amendment
to Institutional for proposed church expansion
at 1014 Pennsylvania Ave., Palm Park Sub.,
unnumbered block, Lots 26 & 27 and parts of
Lots 25, 28 & 29 (Mt. Carmel Baptist
Church of Clearwater6 Inc., LUP98-08, Z98-
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12. Ord. #6289-98 adopted.
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13. Ord. #6314-98 adopted.
14. Ord. #631 5-98 adopted.
15. Ord. #6317-98 adopted.
1 6. Ord. #6322-98 adopted.
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CITY MANAGER REPORTS
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1~17. Ord. #6~23-98 - PISP Zoning for proposed 17. Ord. #6323~98 adopted.
J church expansion at 1014 Pennsylvania Ave.,
'. Palm Park Sub., unnumbered block, Lots 26
& 27 and parts of lots 25, 28 & 29 {Mt.
Carmel Baptist Church of Clearwater, Inc.,
lUP98~08, Z98-10}
18. Ord. #6324-98 - land Use Plan Amendment 18. Ord. #6324-98 adopted.
to Residential High for property located at
1370 Gulf Blvd., Sec. 19~29-15, M&B 14.04,
14.05 & 14.06 (Amza D. Abdulla] &
Clearwater Sand Key Club 1 Homeowners
Association, lUP98~07, Z98-09)
19. Ord. #6325~98 - RM~28 Zoning for property 19. Ord. #6325~98 adopted.
located at 1370 Gulf Blvd., Sec. 19-29-15,
M&B 14.04, 14.05 & 14.06 (Amza D.
Abdulla] & Clearwater Sand Key Club 1
Homeowners Association, lUP98~07, Z98-
09)
CONSENT AGENDA (Items #20-27) - Approved as submitted less Item 22.
8nhe following items require no formal public hearing and are subject to being approved in a single ,
;l!' otion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
20. Approval of Purchases per 8/26/98 memorandum:
Central States Fire Apparatus, L.L.C., (replacement) two 1999 Ford F-350 SlJper Duty cab &
chassis rescue units with Central States Fire Apparatus rescue units, $142,174 (PO to be issued
10/1198 as funding is included in FY1998-99 budget); financing to be provided under City's
Master Lease~Purchase Agreement (FD)
Kennedy Valve I Division of McWane, fire hydrants, 9/18/98-9/30/99, est. $35,000 (PW)
Oracle Corp., Oracle database software licenses, 10/1/98-9/30/99, $41,540 (1M)
Hughes Supply Inc., design service & lighting materials to be installed by Parks & Rec personnel
at Eddie C. Moore West Park's 3 new ballfields, currently under construction, $52,260 (PR)
Clark Sales Display, increase to newest. total $220,000 for remaining portion of contract ending
1/15/2001 to provide funding for additional decoration service at Station Square Park & Pier 60
during DecemberlJanuary holiday periods (PR)
21. Approve purchase of property, casualty, liability, workers' compensation, Emergency Medical
Services, & flood insurance coverage for Fiscal Year 1998-99, in an amount not to exceed
$750,000 (FN)
22. ConfirmlRatify purchase of a single premium Pollution and Remedial Legal Liability insurance
policy as required by contracts with Information Management Resources, Inc. (IMR, Inc.)(FN) -
APPROVED.
\..')9/17/98
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b) Ord. #6327-98 passed 1 st reading.
27.
Lease Agreement with Clearwater Housing Authority, 2931 Sandlewood Drive, substation in
Jasmine Courts (formerly Condon Gardens), 8/1/98-7/31/99 (PO)
Contract for purchase of real property with Auto Cooling & Exhaust Systems, Inc., of vacant
property, Lot 19, Blk 5. R. H. Padgett's Resubdivision of Original Lots 2 & 5; approve assignment
of said contract to Ralph W. Munyun, Jr., for $35,000 cash, with City to pay the $5,000
balance of purchase price, plus est. closing expenses of $300, in consideration of receiving title
to the North 20' of said property, for total cost to City not to exceed $5,300 IPW)
Purchase Agreement for r-o-w with Ralph W. Munyun. Jr., of vacant property, North 20' of Lot
20, Blk 5, R. H. Padgett's Resubdivision of Original Lots 2 & 5, for $4,000 plus est. closing costs
of $15 for total cost not to exceed $4,015 (PW)
Agreement with Alcalde and Fay to provide lobbyist services at the federal level, for a maximum
of one year, cost not to exceed $60,000 plus expenses not to exceed $7,000 (elK)
Landscaping, Parking & Utility Easement - Eckard's Drugs - Mandalay Ave., Clearwater Beach
Park 1 st Add., Blk 8, part of Lot 26 together with Clearwater Beach Park 1 st Add. Replat, Blk A,
part of Lot 10, and portion of vacated alley lying between (JEC Funding, Inc.}(eA)
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OTHER ITEMS ON CITY MANAGER REPORT
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28. Third Quarter Budget - 1997-98 IBU)
a) First Reading Ord. #6326-98 - Amending
Operating Budget for Fiscal Year 1997-98
b) First Reading Ord. #6327-98 - Amending
Capital Improvement Program Report and
,~ Budget for Fiscal Year 1997-98
~9. Other Pending Matters
28.
a) Ord. #6326-98 passed 1 st reading.
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29. None.
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CITY ATTORNEY REPORTS
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30. Res. #98-31 M Demolition Lien - 3042 30. Res. #98-31 adopted.
Prestige Dr., Forest Wood Estates 1 st Add.,
Lot 89 (Michael Tenorio and Harriette
Tenorio, alkla Marlene Tenorio)
31. Res. #98-33 - Abatement Lien - 724 S. 31. Res. #98-33 adopted.
Missouri Ave., Mary Land, 81k-86, part of
Lots 11-14 (Sibylle Clark and Cynthia Lynn
Akers)
32. Res. #98-34 - Demolition Lien - 1413 32. Res. #98-34 adopted.
Osceola Ave., Sharp's Sub., Lot 6 (Cynthia L.
Merritt)
33. Res. #98-38 - Demolition Lien - 1140 Palm 33. Res. #98-38 adopted.
Bluff, Greenwood Park #2, Blk F, Lots 52 &
53 (Charles Howard)
34. Res. #98-39 ;. Demolition Lien - 917 Seminole 34. Res. #98-39 adopted.
St., Pine Crest Sub., part of Lot 1
(Gulfstream Contractors, Inc. And Klavdia
Karpof, as her interest may appear)
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" !~35. Other City Attorney Items
35. None.
36. City Manager Verbal Reports
City Manager questioned if the Commission wanted to change the date of the November 1 9
meeting in order to be able to attend the FLC Legislative conference. No action to do so.
37. Other Commission Action
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Seel reported the current striping on Gulf to Bay is temporary and the permanent striping will not
include a bike lane. She encouraged participation of the schools in Florida Government Week.
She questioned if there would be any action on the parking fund revenue. There will be a
presentation at a future meeting. She urged everyone to attend the Birding Festival at the
Harborview Center this weekend. She requested times be included on the events calendar. She
displayed a copy of "Clearwater Marine Adventures" and stated there were a lot of neat things in
it. She announced Delta Kite from Cypress Gardens will be performing at Pier 60 Saturday night.
Johnson stated he did not feel it was appropriate to delay making appointments to boards in
order to get more names when there are several names already listed as being interested.
Hooper announced next Friday would be the TASTE OF CLEARWATER at the Harborview Center.
~~
Garvev announced the 6th Annual 'Studio Waltz that will include Roger Bansemer's studio. She
congratulated the Clearwater Chamber of Commerce on being designated the Florida Chamber of
the Year. She announced Ruth Eckerd Hall is celebrating its 15th year. She announced the
Coastal and downtown Clean-ups., She announced Clearwater had received Savvy Awards for
"Clearwater Magazine" and the Nagano Pavilion.
Clark announced the Young Eagles program at the Clearwater Airpark.
38. Adjournment - 8:45 p.m.
\::)9/17/98
5
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CITY COMMISSION MEETING
CITY OF CLEARWATER
September 17, 1998
Present: Rita Garvey
Ed Hooper
. J. B. Johnson
Robert Clark
Karen Seel
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present: Michael J. Roberto
Richard L. Hedrick
Bob Keller
Leslie Dougall-Sides
Cynthia E. Goudeau
Gwen Legters
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Commissioner Clark. The Mayor led the Pledge of Allegiance.
The Mayor apologized for not knowing Reverend Daniels was at the September 3,
1998 meeting to give the invocation.
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To provide continuity for research, items are in agenda order although not necessarily
discussed in that order. .
ITEM #3 - Service Awards
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation -- Assisted Living Week, September 13-19, 1998.
ITEM #5 - Presentations - None.
ITEM #6 - Minutes AODroval
Commissioner Johnson moved to approve the minutes of the regular meeting of
September 3, 1998, and the special meeting of September 3, 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 reaardina items not on the Aaenda
Charles Riaos, representing the Chamber of Commerce, requested consideration of a
facade grant program for hotel properties on Clearwater beach.
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mcc09b98
1
09/17/98
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'1 Steoheno Maainati thanked the Commission for Pier 60 entertainment, road
, ,." . resurfacing, Community Sailing Center, and support of the Marine Science Center. He
requested the arts be more fully supported.
PUBLIC HEARINGS
ITEM #8 - Budaet - 1998-99
aJ Public Hearing & Second Readina - Ord. #6328-98 - Declaring the Millage Rate for Fiscal
Year 1998-99 at 5.1158 mills
The Assistant City Attorney presented Ordinance #6328-98 for second reading and read
it in full. Commissioner Hooper moved to pass and adopt Ordinance #6328-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
b) Public Hearing & Second Readino - Ord. #6329-98 - Adopting the operating budget for
Fiscal Year 1998~99
The Assistant City Attorney presented Ordinance #6329-98 for second reading and read
t.1Z,)t.. it by title only. Commissioner Clark moved to pass and adopt Ordinance #6329-98 on second
,,:~~ and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, and Garvey
"Nays": Seel.
Motion carried.
Mayor Garvey appreciated having money set aside for road improvements.
cJ Public Hearing & Second ReadinQ - Ord. #6330-98 - Adopting the Capital Improvement
Program budget for Fiscal Year 1998w99
The Assistant City Attorney presented Ordinance #6330-98 for second reading and read
it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6330-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesl1: Johnson, Clark, Hooper, Seel. and Garvey
"Nays": None.
The City Manager acknowledged staff's tremendous effort to prepare and balance
the budget.
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mcc09b98
2
09/17/98
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The applicant is requesting the vacation in order to use the rights-of-way and
adjacent properties to construct an adult living facility. City utilities within the rights-of-way
will be relocated at the applicantts expense during development. City infrastructure will be
installed in new easements to be provided by the owner. Private and public utilities have no
objections to the proposal. Peppermill Restaurant has an existing private force main located
in Bryant Street that must be relocated at the applicantts expense and an appropriate
easement provided. The City Commission approved vacation requests in 1 981 and 1996,
but owners failed to meet conditions of approval and the rights-of-way were not vacated.
Due to concerns the vacation would impact adjacent Peppermill Restaurant adversely, this
item was continued from August 20 with instructions to staff to work toward a
compromise between applicants and the restaurant owner. Planning and Development
Services Director Lorenzo Aghemo stated both parties have made an honest attempt, but
have been unable to agree on a compromise.
)
ITEM #9 - (Cant. from 8/20/98\ Public HearlnQ & First Readina Ord. #6321-98 - Vacating
full East/West right-of-way of Bryant Street (formerly Bryan Avenuel lying 38' Westerly of
. Lot 22, Oak Haven Sub., together with that portion of the North/South right-of-way of
Cross Lane lying south of Bryant Street, subject to conditions (Medec I Gaylor Engineering,
V98-06)(PW) .
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Mike Gaylor, representing the applicants, related project details, site history, and
conditions that support vacation. He indicated applicants have met the burden of proof
regarding need for the vacation, ability to relocate utilities, satisfaction of environmental
site issues, and have gone to great lengths to meet code. Attempts to negotiate a
compromise that would satisfy the restaurant owner's desire far rear delivery truck access
and additional parking spaces were not successful. Mr. Gaylor indicated he has exhausted
his options and asked the Commission to proceed with approval as the vacation is critical
to the site plan.
Steve Frasier, Vice President of Development for Encore Senior Living related his
company's 3D-year history of providing senior nursing products. He explained the
importance of pursuing development of the proposed specialized Alzheimer's and senile
dementia treatment facility. Attempts to compromise were reviewed. In response to
questions, staff affirmed all options that meet existing code have been explored and the
new land development code would be more flexible.
Steven Watts, attorney representing the property owners, said the property is
owned in partnership and has been vacant for years. The owners have not complained
about restaurant parking on their property, but have a right to develop their property. The
development will be attractive and will help the community. The request should not be
penalized because the restaurant has insufficient parking.
Peppermill Restaurant owner David Lowery expressed concerns the vacation would
close access to an area used for restaurant parking, eliminate a means of egress from the
main parking lot, and cut off rear deliveries. The compromise he proposed involved
compressing open space within the development to create a wider buffer for parking and
deliveries along the edge. Discussion ensued regarding an illustration of Mr. Lowery's
~ proposal for a "compressed" development. A petition from truck drivers was submitted for
mcc09b98
3
09/1 7/98
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the record. In response to questions, Mr. Lowery stated he had made several offers to buy
a portion of the parcel for his use, but could not afford to purchase the entire parcel.
Delivery trucks would not go through the adjacent residential neighborhood.
One person spoke in opposition to approving a vacation before a compromise is
reached. One person spoke in support of the vacation to expedite the facility.
Mr. Gaylor thanked staff for their cooperation. He noted the subject right-of-way is
substandard. The restaurant has sufficient parking to meet code. He considered the
compressed plan, but having parking spaces within 5 feet of the building was not
acceptable. He said it was unfortunate a compromise was not achieved, and felt it is time
to move ahead with the project. Discussion ensued regarding proposed setbacks.
Mr. Frasier related difficulties of functioning on the suggested compressed site. In
response to questions, he said the entire facility is not gated; fences or walls will provide
security around residential cottages with individual courtyards. Referring to drawings of
the facility, Mr. Frasier showed where delivery access and a sidewalk to the restaurant's
service entrance were proposed. A large common area in the middle of the site serves as a
hub for administrative, food service, and activity functions. Distances between buildings
and property lines were discussed.
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Commissioner Johnson moved to vacate the full EastlWest right-at-way of Bryant
Street (formerly Bryan Avenue) lying 38' westerly of Lot 22, Oak Haven Sub., together
with that portion of the North/South right~of-way of Cross Lane lying south of Bryant
Street, subject to conditions. The motion was dUly seconded.
Steven Watts did not feel taxpayers should continue supporting a road used only for
private delivery access, nor that a property owner should be saddled with responsibility of
providing parking for a neighbor.
Some concern was expressed with taking action now rather than waiting a few
months until the new code is adopted. Some felt the applicants had made reasonable
accommodations for the restaurant.
Upon the vote being taken, Commissioners Johnson, Hooper, and Mayor Garvey
voted ~'Aye"; Commissioners Clark and Seel voted "Nay." Motion carried.
The Assistant City Attorney presented Ordinance #6321-98 for first reading and read
the ordinance by title only. Commissioner Hooper moved to pass Ordinance #6321-98 on first
reading. The motion was duly seconded, and upon roll call, the vote was:
HAyes": Johnson, Hooper) and Garvey.
"Nays": Clark and Seel.
Motlon carried.
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ITEM #10 H Public Hearin" & First Readina Ord. #6320-98 - Amending Ord. #6268-98 to
correct the future land use designation from Residential Medium to Residential/Office
General (P.S. Horizon. Inc., lUP9BH03}(CP)
This amendment relates to the future land use plan designation previously assigned
to this property located at 1 384 Pierce Street. It was the intent of the City to classify the
subject property as Residential/Office General. However, the property was erroneously
assigned an "Office General" land use plan classification. The Countywide Planning
Authority (CPA) on August 11, 1998, took action and unanimously approved the land use
plan classification for the subject property to "Residential/Office General." The
supplemental recommendation by the Pinellas Planning Council (PPC) called the City's
attention to the "Office General" land use plan category described in City Ordinance
#6268-98, and advised the City to correct this inconsistency. This action is in compliance
with that directive. Upon adoption of Ordinance #6320-98 by the City Commission, a copy
of the adopted ordinance will be sent to PPC for its record.
Commissioner Johnson moved to amend Ordinance #6268-98 to correct the future
land use designation for M&8 14/01 Sec. 15-29-15 from Residential Medium to
Residential/Office General. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #6320-98 for first reading and read it
by title only. Commissioner Clark moved to pass Ordinance #6320-98 on first reading. The
motion was duly seconded. and upon roll call. the vote was:
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"Ayes": Johnson. Clark. Hooper, Seel1 and Garvey.
"Nays"; None.
ITEM #11 - (Cont. from 8/20/98) Public Hearinq & First ReadinCl Ord. #6331-98 - Relating
to lDC; amending Sec. 35.11, various sections in Ch. 40, & 41.053; and creating Sec.
41.281 to establish standards for the siting, design, maintenance, and use of
telecommunications towers and antennas (CAl
The federal Telecommunications Act of 1996 contains provisions related to local
zoning of telecommunications towers, antennas, and related facilities. It is recommended
that the City's land Development Code be updated to reflect these federal provisions, as
well as to set forth specific design standards for the facilities and to encourage their joint
use through collocation. The current zoning provisions do not specifically address
telecommunications towers and antennas; they are treated as "utility facilities" with regard
to location and as any other structure with regard to height, setback, and other dimensional
requirements. language allowing towers as conditional uses in the beach commercial
zoning district (Section 40.3651 that was inadvertently included in the Receipt and Referral
version has been deleted from this version.
Assistant City Attorney Dougall-Sides reported the Planning and Zoning Board
endorsed this item at their September 15 meeting, with the following changes: 1) make
the towers a conditional use, instead of a permitted use as presently drafted, in the
--J Public/Semipublic Zoning District; 2l in the Design Standards section, change the
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"variance" language to a "waiver" concept; 3) change the Design Standard regarding
"stealth technology" to read, "To the extent practicable, the tower shall be designed to
blend into the surrounding environment to protect the aesthetics of the neighborhood.";
4) omit the requirement for an Annual Report by tower owners; 5) add the following
language as the fourth sentence on page e of the ordinance: "The installation of an
antenna on an existing tower which is nonconforming in terms of the provisions of this
division shall not be deemed to constitute the expansion of a nonconforming use.";
6) consider increasing the allowable height of tower to 200 feet; and 7) change screening
requirement to add masonry walls and wood fences in addition to landscaping. She noted
#6 is not recommended by staff. Some support was expressed for using definition
language instead the term, "stealth technology."
Bill Jonson, Citizens for a Better Clearwater, felt 200-foot tall towers to be
excessive. He suggested a standard requiring 4 feet of setback from residential property,
for each foot of tower height. .
Laura Bellflower, attorney representing Primeco, stated 200-foot towers were
suggested by the Planning and Zoning Board, possibly to provide more collocation
opportunities with fewer towers. Industry is satisfied with 1 eO-foot towers. Explaining
visibility and fall zone characteristics, she requested the height to setback ratio not exceed
1 : 1. She requested deletion of "stealth technology" and its definition, suggesting
substitution of language indicating appropriate tower type should be selected for each area.
She requested addition of a provision allowing replacement or modification of towers
without going through an approval process, if code is met; if code is not met, allowing a
~ 40-foot height increase. In response to a question, Ms. Bellflower said towers are limited
in the number of wireless communicators they can support because antennas must be
located at least 20 feet apart to avoid frequency conflicts.
Frank Stanonis, attorney representing APT Tampa-Orlando, Inc. ("Aerial"), stated he
had provided the Planning and Zoning Board with statistics that towers in surrounding
jurisdictions are generally about 200 feet tall. He briefly discussed radio frequency
interference issues related to collocation. He indicated his concerns regarding "stealth"
and replacement had been addressed.
In response to a question, the Assistant City Attorney said staff did not recommend
replacement or modification without board review and approval.
Concerns were expressed with voting on the item tonight, as it was felt the new
issues raised need further review.
Commissioner Clark moved to continue Item #11 to the meeting of October 1,
1998. The motion was duly seconded.
Consensus was for staff to amend the ordinance: 1) make the towers a conditional
use, instead of a permitted use in the Public/Semipublic Zoning District; 2) in the Design
Standards section, change the "variance" language to a "waiver" concept; 3) change the
Design Standard to eliminate the term, "stealth technology," leaving the description, liTo
., the extent practicable, the tower shall be designed to blend into the surrounding
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environment to protect the aesthetics of the neighborhood."; 4) delete the 200-foot tower
height, reverting to 160 feet: and 5) add masonry walls and wood fences to screening
requirements.
Upon the vote being taken, the motion carried unanimously.
Public Hearina - Second Readina Ordinances
ITEM #12 - (Cant. from 8/20/97) Ord. #6289-98 - CN Zoning for property located at NE
corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21
and Sec. 21-29-15, M&B 44.23 lproposed congregate care facility use at 620 Belleair Rd.)
(John A. Lahara / Medec, Z98-08)
The Assistant City Attorney presented Ordinance #6289-98 for second reading and
read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6289-98
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
II Ayes": Johnson, Clark, Hooper, and Garvey
IINaysll: Seel.
Motion carried.
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ITEM #13 - Ord. #6314-98 - Annexation for property located at 2355 Nursery Rd., Pinellas
Groves, Sec. 19-29-16, SW ~, part of Lot 18 (Kim B. Wong, A98-24)
The Assistant City Attorney presented Ordinance #6314-98 for second reading and
read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6314-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #14 - Ord. #6315-98 - Relating to removal of abandoned shopping carts or parts
thereof from public property and from certain private property where visible from public
property; creating Sec. 20.81 to authorize such removal by the City Manager or designee;
providing for storage of such property and notification to identifiable owners; providing
exceptions
The Assistant City Attorney presented Ordinance #6315-98 for second reading and
read it by title only. Commissioner Seel moved to pass and adapt Ordinance #6315-98 an
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
ilNayslf: None.
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
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ITEM #15 ~ Ord. #6317-98 ~ Annexation & RS-2 Zoning for property located at 2355
Nursery Rd., Pinellas Groves, Sec. 19-29-16, SW %, part of Lot 1 B (Kim B. Wong, A9B-24)
The Assistant City Attorney presented Ordinance #6317~9a for second reading and
read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6317-98
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #16 ~ Ord. #6322-98 - Land Use Plan Amendment to Institutional for proposed
church expansion at 1014 Pennsylvania Ave, Palm Park Sub, unnumbered block, Lots 26 &
27 and parts of Lots 25, 28 & 29 (Mt. Carmel Baptist Church of Clearwater, Inc. LUP98-
08, 29B-10) ,
The Assistant City Attorney presented Ordinance #6322-98 for second reading and
read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6322-98
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Nays": None.
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....:'I!!' ITEM #17 - Ord. #6323-98 ~ PISP Zoning for proposed church expansion at 1014
Pennsylvania Ave., Palm Park Sub., unnumbered block, Lots 26 & 27 and parts of Lots 25,
28 & 29 (Mt. Carmel Baptist Church of Clearwater, Inc., LUP9B-OB, 298-10)
The Assistant City Attorney presented Ordinance #6323-S8 for second reading and
read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6323-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #18 - Ord. #6324-98 - Land Use Plan Amendment to Residential High for property
located at 1370 Gulf Blvd., Sec. 19-29-15, M&B 14.04,14.05 & 14.06 (Amza D. Abdullaj
& Clearwater Sand Key Club 1 Homeowners Association, LUPS8-07, Z98-09)
The Assistant City Attorney presented Ordinance #6324-98 for second reading and
read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6324-98
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
J'Nays": None.
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ITEM #19 ~ Ord. #6325-98 ~ RM-28 Zoning for property located at 1370 Gulf Blvd., Sec.
19-29.' 5, M&B , 4.04, , 4.05 & 14.06 (Amzo D. Abdullaj & Clearwater Sand Key Club 1
Homeowners Association, lUP98-07, 198-09)
The Assistant City Attorney presented Ordinance #6325-98 for second reading and
read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6325-98
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Na'ys": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-27) - Approved as submitted less Item #22.
ITEM #20 - Aooroval of Purchases oar 8/26/98 memorandum:
Central States Fire Apparatus, L.L.C., (replacement) two 1999 Ford F-350 Super Duty cab
& chassis rescue units with Central States Fire Apparatus rescue units, $142, 174 (PO to
be issued 10/1/98 as funding is included in FY 1 998-99 budget); financing to be provided
under City's Master lease-Purchase Agreement (FD)
Kennedy Valve / Division of McWane, fire hydrants, 9/18/98-9/30/99, est. $35,000 fPW)
e;) Oracle Corp., Oracle database software licenses, 10/1/98.9/30/99, $41,540 (1M)
Hughes Supply Inc., design service & lighting materials to be installed by Parks & Rec.
personnel at Eddie C. Moore West Park's 3 new ballfields, currently under construction,
$52,260 (PR)
Clark Sales Display, increase to newest. total $220,000 for remaining portion of contract
ending 1/15/2001 to provide funding for additional decoration service at Station Square
Park & Pier 60 during December/January holiday periods (PR)
ITEM #21 - Approve purchase of property, casualty, liabiJIty, workers' compensation.
Emergency Medical Services, & flood insurance coverage for Fiscal Year 1998-99, in an
amount not to exceed $750,000 (FN)
ITEM #22 - See Page 10
ITEM #23 - lease Aoreement with Clearwater Housino Authoritv, 2931 Sandlewood Drive,
substation in Jasmine Courts (formerly Condon Gardens), 8/1198-7/31199 (PD)
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ITEM #24 . Contract for ourchase of real orooert'l with Auto Cooling & Exhaust Systems,
Inc., of vacant property, lot 19, Blk 5, R. H. Padgett's Resubdivision of Original Lots 2 &
5; approve assignment of said contract to Ralph W. Munyun, Jr., for $35,000 cash, with
City to pay the $5,000 balance of purchase price, plus est. closing expenses of $300, in
consideration of receiving title to the North 20' of said property, for total cost to City not
to exceed $5,300 (PW)
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The Community Redevelopment Agency (CRA) negotiated the sale of property
located at 10 South Missouri Avenue, to Information Management Resources, Inc. (IMR,
Inc.) A provision of these contracts required the City to purchase a Pollution and Remedial
Legal Liability policy for a ten-year period. The closing of this transaction occurred on July
31, 1998, at which time the purchase of this insurance and the binder for its coverage was
required. The Risk Management Division obtained three quotations for purchase of this
insurance from three separate insurance companies. The policy of Reliance National
provided the broadest coverage at the best price and was the policy desired by both the
City and IMR, Inc. Terms of the policy are: Policy Period 7/31/98-7/31/08~ CoveraQe A.
Pollution Legal Liability, B. Remediation legal Liability, C. legal Defense Expense; Limit of
Liabilitv $2,000,000; and Self-Insured Retention $200,000. This insurance was purchased
at a one-time premium of $76,095.00 from Reliance National Indemnity Company.
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ITEM #25 - Purchase Agreement for r-o.w with Ralph W. Munyun, Jr., of vacant property,
North 20' of lot 20, Blk 5, R. H. Padgett's Resubdivision of Original lots 2 & 5, for $4,000
plus est. closing costs of $15 for total cost not to exceed $4,015 (PW)
ITEM #26 ~ AQreement with Alcade and Fav to provide lobbyist services at the federal
level. for a maximum of one year, cost not to exceed $60,000 plus expenses not to exceed
$7,000 (elK)
ITEM #27 - landscapinQ, Parkina & Utilitv Easement. Eckerd's Drugs - Mandalay Ave.,
Clearwater Beach Park 1 st Add., Blk B, part of lot 26 together with Clearwater Beach Park
1 fit Add. Replat, Blk A, part of lot 10, and portion of vacated alley lying between (JEC
Funding, Inc.)(eA)
Commissioner Clark moved to approve the consent agenda, less Item #22, and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
ITEM #22 - ConfirmlRatify purchase of a single premium Pollution and Remedial Legal
Liability insurance policy as required by contracts with Information Management Resources,
Inc. (IMR, Inc.)(FN)
Commissioner Seel requested removal of this item from the consent agenda to
question why the cost came back at this high level when the original estimate had been
about $20,000. Finance Director Margie Simmons said at the time the estimate was given,
the numbers were not firm and a policy was hard to get. She said this is an excellent
1 O-year policy with few exclusions. In response to a question, the City Manager said the
increase can be managed within the budget agreed with IMR.
In response to questions, Ms. Simmons will provide information regarding the
insured and second insured parties. In response to a question whether the Charter was
followed, Ms. Simmons said due to tight deadlines, this policy was required before having
the opportunity to obtain Commission approval (although the agreement requiring the
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purchase was previously approved.) This item was brought forward for the City
commission to ratify and confirm the specific policy purchase since the cost exceeds
$25,000.
Commissioner Johnson moved to confirm/ratify purchase of a single premium
Pollution and Remedial Legal Liability insurance polley as required by contracts with
Information Management Resources, Inc. (lMR, Inc.). The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #28 - Third Quarter Budqet - 1997-98 (BU)
The third quarter budget report includes detailed explanations of budget
amendments, a schedule of administratively approved chanye orders, and a list of self-
insurance settlements. A September 8 memo from the City Manager highlighted
amendments to:
General Fund - The $428,000 balance of the $1 million "Vision" fund was
distributed for the purpose of hiring a Master Developer as previously approved by the City
Commission. General Fund revenues and expenditures are increased by a net of $95,000,
representing the allocation of funds from closing the old GOB bonded debt fund to provide
funding for the 1998/99 Ervin's All American Youth Grant approved by the City
"'t.~ Commission August 20, 1998. Unappropriated retained earnings remain the same as at
C....:f mid-year, at approximately 10.7% of the General Fund.
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Gas Fund ,-:- Primary amendments reflect receipt of $437,500 insurance proceeds to
be applied to environmental work on the Myrtle Street Gas System property.
Harborview Fund - Amendments reflect borrowing $80,000 from the cash pool to
offset anticipated interest payments on the cash pool loan for the fiscal year.
Internal Service Funds - The most significant amendment includes appropriation of
$996,820 from the Premium Stabilization Fund to the Special Program project for buyouts
of union leave approved by the City Commission July 16, 1998. All internal service
operations remain healthy at third quarter.
Capital Improvement Prooram Fund - Amendments total a net increase of
$5,472,000, primarily due to: a budget increase of more than $1.4 million recognizing the
net proceeds from the IMR Development land sale; a budget increase of $1.5 million to
establish the Utility Billing Customer Information project for installation of the City's Utility
billing system approved June 18, 1998; an increase of $500,000 in the new Main Library
project recognizing a donation for the construction of the new main library; and more than
$1.6 million reimbursement from Pinellas County and SWFWMD (Southwest Florida Water
Management District) for improvements to Allen's Creek and Alligator Creek. All other
significant Capital Improvement Project budget increases have been previously approved by
the City Commission and are outlined in the detailed report.
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First Reading Ord. #6326-98 - Amending Operating Budget for Fiscal Year 1997-98
The Assistant City Attorney presented Ordinance #6326-98 for nrst reading and read
the ordinance by title only. Commissioner Clark moved to pass Ordinance #6326-98 on first
reading. The motion was duly seconded. and upon roll call. the vote was:
"Ayes"; Johnsonf Clark, Hooper, Seel, and Garvey.
"Nays": None.
b) First Reading Ord. #6327-98 - Amending Capital Improvement Program Report and
Budget for Fiscal Year 1997-98
The Assistant City Attorney presented Ordinance #6327-98 for first reading and read
the ordinance by title only. Commissioner Hooper moved to pass Ordinance #6327-98 on first
reading. The motion was duly seconded. and upon roll call. the vote was: .
"Ayes": Johnson, Clark, Hooper. Seel. and Garvey.
"Nays": None.
ITEM #29 - Other PendinQ Matters - None.
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CITY ATTORNEY REPORTS
ITEM #30 - Res. #98-31 - Demolition Lien - 3042 Prestige Dr., Forest Wood Estates 1 st
Add., Lot 89 (Michael Tenorio and Harriette Tenorio, alkla Marlene Tenorio)
The Assistant City Attorney presented Resolution #98-31 and read it by title only.
Commissioner Clark moved to adopt Resolution #98-31 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Gar~ey.
"Nays": None.
ITEM #31 - Res. #98-33 - Abatement lien ~ 724 S. Missouri Ave., Mary land, Blk 86, part
of Lots 11-14 (Sibyfle Clark and Cynthia Lynn Akerst
The Assistant City Attorney presented Resolution #98~33 and read it by title only.
Commissioner Hooper moved to adopt Resolution #98-33 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was: '
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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ITEM #32 M Res. #98-34 M Demolition Lien - 1413 Osceola Ave., Sharp's Sub., Lot 6
(Cynthia L. Merritt)
The Assistant City Attorney presented Resolution #98-34 and read it by title only.
Commissioner Johnson moved to adopt Resolution #98-34 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
IiAyes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #33 - Res. #98-38 - Demolition Lien - 1140 Palm Bluff, Greenwood Park #2, Blk F,
Lots 52 & 53 (Charles Howard)
The Assistant City Attorney presented Resolution #98-38 and read it by title only.
Staff was requested to determine whether the $25.00 per hour labor charge covers
City's expenses for performing demolitions.
Commissioner Seel moved to adopt Resolution #98-38 and authorize the appropriate
officers. to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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"Nays": None.
ITEM #34 - Res. #98-39 - Demolition Lien - 917 Seminole St., Pine Crest Sub., part of Lot
1 (Gulfstream Contractors, Inc. And Klavdia Karpof, as her interest may appear)
The Assistant City Attorney presented Resolution #98-39 and read it by title only.
Commissioner Hooper moved to adopt Resolution #98-39 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #35 - Other City Attornev Items -- None
ITEM #36 - City Manaoer Verbal Reoorts
The City Manager questioned whether Commissioners wished to reschedule the
regular City Commission meeting of November 19 to attend the first day of the 30th annual
Florida Legislative Conference in Orlando. He noted importance of ensuring the City's
program fits with that of the legislators. Consensus was not to reschedule as
Commissioners who attend generally go to the Friday morning session.
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ITEM #37 . Other Commission Action
Commissioner Seel reported the current striping on Gulf to Bay is temporary and the
pe~manent striping 'will not include a bike lane. She encouraged participation of the schools
in Florida Government Week. She questioned if there would be any action on the parking
fund revenue. There will be a presentation at a future meeting. She urged everyone to
attend the Birding Festival at the Harborview Center this weekend. She requested times be
included on the events calendar. She displayed a copy of "Clearwater Marine Adventures'.
and stated there were a lot of neat things in it. She announced Delta Kite from Cypress
Gardens will be performing at Pier 60 Saturday night.
Commissioner Johnson stated he did not feel it was appropriate to delay making
appointments to boards in order to get more names when there are several names already
listed as being interested.
Commissioner Hooper announced next Friday would be the TASTE OF
CLEARWATER at the Harborview Center.
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Mavor Garvev announced the 6th Annual Studio Waltz that will include Roger
Bansemer's studio. She congratulated the Clearwater Chamber of Commerce on being
designated the Florida Chamber of the Year. She announced Ruth Eckerd Hall is'
celebrating its 15th year. She announced the Coastal and downtown Clean-ups. She
announced Clearwater had received Savvy Awards for "Clearwater Magazine~. and the
Nagano Pavilion.
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Commissioner Clark announced the Young Eagles program at the Clearwater
Airpark.
ITEM #38 - Adiournment
The meeting adjourned at 8:45 p.m.
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