10/01/1998 (2)
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City Commission Minutes
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CITY COMMISSION MEETING
, CITY OF CLEARWATER
October 1, 1998
Present:
Rita Garvey
Ed Hooper,
J. 8. Johnson
Robert Clark
Karen Seel
Mayor/Commissioner
Vice-Mayor /Commlssioner
Commissioner
Commissioner
Commissioner
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Also Present:
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwel') legters
Assistant City Manager
City Attorney
City Clerk
Board Reporter
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The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
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One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamations:
Natural Gas Week - October 4-10, 1998: Jazz Month - October 1998; Clearwater
Jazz Holidav -October 15-18, 1998: Fire Prevention Week - October 4-10,1998; and Hanq
Up Your Kevs ... Don't be a S.O.V. (Single Occupant Vehicle) ~ October 5-11, 1998
ITEM #5 - Presentations - None.
ITEM #6 - Minutes Approval
, Commissioner Seel moved to approve the minutes of the regular meeting of
September 17, 1998, and the special meeting of September 28, 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
Rov Cadwell complained regarding the increase in utility rates and that residents are
,billed for services while they are away for the summer.
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Rev. William Graham requested the status of improvements to Cherry Harris Park.
Staff reported the park is being designed and that this is a high priority.
Deborah Wrioht requested help in getting something done regarding things needing to
be fixed at Greenwood Apartments.
John Doran stated he finds the new land Development Code draft to have made
great strides in making the code more user friendly.
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PUBLIC HEARINGS
ITEM #8 - Public Hearino & First Readino Ords. #6337-98 & #6338.98 - land Use Plan
Amendment from Residential Medium to Residential/Office General and Zoning Atlas
amendment from Multiple Family Residential "Twelve" (RM-1 2) to Limited Office (Ol) for
property located at 706 S. Ft. Harrison Ave., J. O. Hamilton Sub., part of lot 9 & lot 10
(Clearwater Clinical Laboratories~ Inc., lUP98-09, 298-11)
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The applicant is requesting rezoning and land use plan amendment to resolve
inconsistencies and bring into compliance the existing use. The subject property has been
used as an office and occupied by the applicant for more than 20 years. The current use
would be a permitted use in the proposed Ol zoning district. The request is compatible with
surrou",dlng property zoning and use. The 0.23-acre site is not subject to substantive
Pinellas Planning Council (PPC) review. The Planning and Zoning Board endorsed the request
at their meeting of September 15, 1998.
Commissioner Johnson moved to approve Land Use Plan Amendment to
, Residential/Office General and Ol Zoning for property located at 706 S. Ft. Harrison Avenue,
J.O. Hamilton Sub., part of Lot 9 & lot 10. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance 6337-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6337-98 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
The City Attorney presented Ordinance 6338-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6338-98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
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ITEM #9 - Public Hearina & First ReadinQ Ords. #6333.98 & #6334-98 - Annexation & RS-B
Zoning for property located at 1704 EI Trinidad Drive East, Virginia Grove Terrace, Blk 2, lot
2 (Scott W. Greer, f-.98-25)
The applicant is requesting annexation of a single-family residential property to obtain
City sanitary sewer service. A sewer line is available in front of the in EI Trinidad Drive East
right-of-way. The Planning and Zoning Board endorsed the request at their meeting of
September 15, 1998.
Commissioner Clark moved to approve Annexation and RS~8 Zoning for property
located at 1704 EI Trinidad Drive East, Virginia Grove Terrace, Blk 2, lot 2., The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance 6333-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6333-98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
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The City Attorney presented Ordinance 6334-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6334-98 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 #10 - Public Hearino & First Readinq Ords. #6335-98 & #6336-98 - Annexation & AS-
S Zoning for property located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A,
lot 5 (Scott W. & Janice Gitchell, A98~26)
The applicant is requesting annexation of a single-family residential property to obtain
City sanitary sewer service. A sewer line is available from the existing manhole at St. Croix
Drive. The Planning c:'nd Zoning Board endorsed the request at their September 15 meeting.
Commissioner Hooper moved to approve Annexation and RS-S Zoning for property
located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A, Lot 5. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6335~9S for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6335-98 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayest': Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
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The City Attorney presented Ordinance 6336-98 for first reading and read it by title
only. Commissioner Seal moved to pass Ordinance 6336-98 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 #11 - ICont. from 9/3 & 9/17/98) Public Hearing & First Reading Ord. #6331.98-
Relating to land Development Code (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 (CA)
, 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 40.365) that was inadvertently included in the Receipt and Referral version
has been deleted from this version.
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laura Bellflower, attorney representing PrimeCo, thanked the Commission and staff
for adjusting the ordinance in response to industry input.
Commissioner Johnson moved to approve Land Development Code amendments to
establish standards for the siting, design, maintenance, and use of telecommunications
towers and antennas. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6331.98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6331 ~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 #12 - Public Hearing - Res. #98-47 - Amending 'the Community Redevelopment Plan for
the Community Rede~elopment Area located in downtown (ED)
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The proposal from Information Management Resources, Inc. (IMR) for use of the
property at 1180 Cleveland Street is compatible to the IMR Global Center. A mixed use
designation will give the developer the' flexibility needed to use the site fully. Staff will bring
forward, at a later time, a plan for the remainder of the property fronting on Cleveland Street
between Missouri and North Greenwood Avenues. It is anticipated office, residential, and'
commercial uses will occupy the area.
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"Naystt: None.
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Assistant City Manager Bob Keller responded to a newspaper article erroneously
stating the City had "forced" the AIDS Coalition to move from the subject property.
, Commissioner Clark moved to amend the Community Redevelopment Plan for the
Community Redevelopment Area for property located at 11 80 Cleveland Street. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #98p47 and read it by title only.
Commissioner Clark moved to adopt Resolution #98-47 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
Public Hearinq - Second ReadinQ Ordinances
ITEM #13 - Ord. #6320-98 - Amending Or~. #6268-98 to correct the future land use
designation from Residential Medium to Residential/Office General (P.B. Horizon, Inc.,
lUP98-03)
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The City Attorney presented Ordinance #6320-98 for second reading and read it by title
only. ,Commissioner Hooper moved to pass and adopt Ordinance #6320-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
lIAyesH: Johnson, Clark, Hooper, Seel, and Garvey
ITEM #14 - Ord. #6321-98 - Vacating full East/West rightpof-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 (Medec / Gaylor Engineering, V98-06)
The City Attorney presented Ordinance 6321..98 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance 6321-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"AyesH: Johnson, Hooper, and Garvey
"Nays": Clark and Seel. Motion carried.
ITEM #15 - Ord. #6326-98 - Amending Operating Budget for Fiscal Year 1997-98
The City Attorney presented Ordinance 6326-98 for second reading and read it by title
only. Commissioner Seel moved to pass and adopt Ordinance 6326-98 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. Seel, and Garvey
ltNays": None.
ITEM #16 - Ord. #6327-98 - Amending Capital Improvement Program Report and BUdget for
Fiscal Year 1997-98 ~
The City Attorney presented Ordinance 6327-98 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance 6327-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayesu: Johnson, Clark, Hooper, Seel, and Garvey
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"Nays": None.
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CITY MANAGER REPORTS
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CONSENT AGENDA (Items #17-22) - Approved as submitted.
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ITEM #17 - Approval of Purchases & Declaration of Surplus per 9/11/98 memorandum:
Volt Information Sciences, Inc., installation of gas mains & services at various location in
Pinellas & Pasco County service areas, 10/2/98-9/30/99, est. $436,950 (GAS)
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Voyager Fleet Systems, Inc., 2nd & Final Extension, vehicle fuel, 12/1/98-11/30/99, est.
$400,000 (GS)
LaFarge Florida Inc., bulk cement, 10/2/98-9/30/99, est. $50,000 (PWI
Oakhurst Construction Corp., replacement of concrete basketball court at Del Orc Park,
$ 28,40 1 (PR~
M.T. Deason Company, Inc., 2nd & Final Extension, gas materials - PE-2406, polyethelene
pipe, 11/7/98-11/30/99, est. $190,000 (GAS)
Xerox Corp., satellite copy machines, services & related supplies (except paper), 10/2/98-
9130/99, est. $80,000 (1M)
Allied Universal Corp., chlorine in 1-ton cylinders, to be used at all WPC facilities & by Water
, 'Division, 10/2/98-9/30/2001, est. $420,000 (PW)
Ferrell Gas, propane for resale, 11/2/98-11/1/99, est. $150,000 (GAS)
General Chemical Corp., aluminum sulfate (Alum), to be used at all WPC facilities, 10/2/98-
9/30/99, est. $100,000 (PW)
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Allied Universal Corp., sulfur dioxide, to be used at all WPC facilities, 10/2/98.9/30/2001,
est: $300,000 (PW~
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Champ!on Chevrolet, one 1999 Chevrolet Step Van, replacement, to be used by Solid
Waste, $32,267; financing to be provided under City's Master lease-Purchase Agreement
(GS)
'Declare equipment surplus to City needs; authorize disposal through Tampa Machinery
Auction, the Pinellas County Purchasing Cooperative auctioneer of record
ITEM #18 - Authorize Citv to enter into contracts with Fiscal Year 1998-99 Consolidated
Plan SubreCipients (HU)
ITEM #19 - Accept third year fundinq from FOOT for nUl Enforcement Proiect in the amount
$42,669; authorize City expenditure of $42,369 in required matching funds (PO)
ITEM #20 - Contract for Demolition of Commercial Structure - 1707 N. Ft. Harrison Ave.,
Sonny Glasbrenner, Inc., $46,200 (PWI
ITEM #21 - Appoint Commissioner Hooper as National Leaque of Cities Votlnq DeleQate
(eLK)
ITEM #22 - Landscapinq & Utilitv Easement - Barbour-Morrow Sub., Blk A, part of lot 4
(Pullara)(CA)
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Commissioner Hooper moved to approve the consent agenda Items #17 through #22,
and authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #23 - Marine Advisorv Board - 1 appointment (ClK)
Commissioner Seel moved to appoint Dr. Safirstein. The motion was duly seconded
and carried unanimously.
ITEM #24 - Municipal Code Enforcement Board - 3 appointments (eLK)
Commissioner Clark moved to reappoint Helen Kerwin. The motion was duly
seconded and carried unanimously.
Commissioner Hooper moved to reappoint lawrence "Duke" Tieman. The motion
was dUly seconded and carried unanimously.
Commissioner Johnson moved to appoint Joyce Martin to complete a term. The
motion was duly seconded and carried unanimously.
ITEM #25 - (Cant. from 8/20/981 Clearwater Housinq Authoritv - 1 appointment (CLK)
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Mayor Garvey requested to continue this item to the next meeting.
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J Commissioner Clark moved to continue Item #25 to October 15, 1998. The motion
was duly seconded and carried unanimously.
ITEM #26 ~ (Pulled from 8/20/98) Environmental Advisorv Board ~ 2 appointments (eLK)
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Commissioner Seel moved to appoint Dennis Kellenberger. The motion was duly
seconded and carried unanimously. '
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Commissioner Seel moved to appoint Allan Stowell. The motion was duly seconded.
Commissioners Johnson, Hooper and Seel voted "Aye"; Commissioner Clark and Mayor
Garvey voted ,"Nay." Motion carried.
ITEM #27 - Other Pendina Matters ~ None.
CITY ATTORNEY REPORTS
ITEM #28 ~ Res. #98~48 ~ Declaring non-ad valorem assessments established by Res. #95-
70 relating to the burial of power lines on Sand Key
The City Attorney presented Resolution #98-48 and read it by title only.
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Commissioner Hooper moved to adopt Resolution #98-48 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll cal1, the
vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #29 ~ Res. 98-50 - Assessing property owners the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution #98-50 and read it by title only.
Commissioner Johnson moved to adopt Resolution #98-50 and authorize the
appropriate officials 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 #30 ~ Other Citv Attornev Items - None.
ITEM #31 - City ManaQer Verbal Reports
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Concerns were expressed regarding proposed legislation of the PPC to control
annexations. .
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Assistant City Manager Bob Keller announced the October 3rd ;'Farewell to the
Atrium."
ITEM #32 - Other Commission Action
Commissioner Clark reminded everyone of Jazz Holiday, October 15-18. He expressed
concern regarding the lack of turnout at meetings regarding the new land Development
Code. lorenzo Aghemo, Planning and Development Services Administrator, reported on the
notification done regarding the meetings.
Commissioner Hooper reported the presentation at last night's meeting regarding the
land Development Code was excellent. He said this was a Happy New Year fiscally
speaking. He sent Get Well wishes to the City Manager.
Commissioner Johnson expressed sympathy to the Hahn family in the loss of their son,
Eddie.
Commissioner Seel questioned if a response is being prepared to the FAST Alert. Staff
responded that this is the case. In response to a question, City Clerk Cyndie Goudeau stated
she is preparing a letter regarding the "Religious Liberty Protection Act of 1998."
Commissioner See I reported on the visioning meeting held in the Del Oro neighborhood
stating it was very well done and there is excitement in that community.
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Mavor Garvev expressed concerns with proposals in the draft land development code
regarding front setbacks, separation distances, color requirements, restricting home office
space, and flowering landscape requirements. She reported the Parks and Recreation
Department will be decorating the Mayor's tree for the Festival of Trees. ,She stated she
was not in agreement with Seminole's position regarding opposition to a proposed change to
the County Charter. She questioned if there was any support to combine the Pinellas
Planning Council and Metropolitan Planning Organization. There was no support. She
reported two teachers from Nagano will be visiting and reminded everyone that next year
will be the 40th year of the Sister City relationship with Nagano.
ITEM #33 - Adiournment
The meeting adjourned at 7:18 p.m.
ATTEST:~~
,City Clerk
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