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08/01/1988 CITY COMMISSION WORK SESSION August 1, 1988 The City Commission of the City of Clearwater met at City Hall, Monday, August 1, 1988, at 9:00 A.M., with the following members present: Rita Garvey Mayor-Commissioner James Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present were: Joseph R. McFate, III Acting City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk Three service pins were awarded. The Mayor called the meeting to order and the following items were discussed: 31 Kendall Street, Unsafe Building - Violation of Section 138.02, City of Clearwater Code of Ordinances - PUBLIC HEARING Inspections by the Building Department found the structure to be unsafe. When there were no corrections to the violations, the case was taken to the Code Enforcement Board. As the property owner has yet to comply with the Boards' order, this case is now coming before the City Commission with the request that the City be authorized to demolish the structure. In response to a question, it was indicated that the building does extend all the way to Mandalay Avenue. One (1) Replacement Trash Truck for the Sanitation Division, Heintzelman's Truck Center, Orlando, $58,278. The purchase of this vehicle is included in the 1987/88 vehicle replacement list and was approved for purchase by the City Commission in the 87/88 Budget Hearings. The unit being replaced is a 1981 Ford trash truck used by the Sanitation Division. The vehicle is needed to provide continuation of a high level of service in the automated collection of white goods and large piles of trash that cannot feasibly be collected through manual pick-up. In response to questions the Central Service Director, Floyd Carter, indicated that the prices are competitive and that one of the goals of the Motor Pool Complex is that we will be able to put together our own trucks using chassis and bodies from different vendors. Police Conversion to 9MM Firearms. 200 Smith & Wesson, Model 659, 9MM semi-automatic stainless steel pistols & 200 stainless steel magazines, SER Distributors, Inc., Miami, $65,130. The criminal element has taken advantage of technology as it pertains to firearms. The criminal arsenal now includes high powered rifles and handguns and fully automatic weapons. Laws enforcement agencies have converted, or are converting, to semi-automatic weapons. The Police Department has researched and tested several types of semi-automatic weapons and has determined that the Smith and Wesson, Model 659, with an ambidextrous safety fixed sight, best fits the need of its officers. The mid year budget included the acquisition of additional equipment for the Police Department. Even though these weapons cost more than originally estimated, through competitive bidding all the equipment will be purchased within the previously estimated $97,000. Commissioner Winner indicated he had requested the Chief bring to the meeting a sample of weapons that have been confiscated during the commissions of crimes. Chief Klein displayed a semi automatic weapon called a Tech 20, which can be purchased for $219.00. Discussion ensued regarding the need to have certain types of weapons prohibited from acquisition by the general public. Commission consensus was that the Chief prepare a position paper regarding the types of weapons that should be prohibited to the general public and that the Commission will then draft resolutions to send to both the State and Federal Government asking for some kind of legislation regarding this type of weapon. It was suggested that there also needs to be some control of the manufacturing and distribution of these types of these types of weapons. Vacation Request 88-09 - Bethamy Gardens Inc., Etal. In 1971, the City started acquiring right-of-way easements along the rear of properties being developed between Palmetto Street and Marilyn Street. These easements were to provide an alternate access to and from Hercules Avenue. Now that this area has been developed to the extent that all needed roads are in place, it is evident that the subject right-of-way easement is not needed. The City has sanitary sewer and water lines within this easement. A drainage and utility easement will need to be retained for these and for future utility installation and maintenance. It was indicated that some of the abutting property owners have expressed concern regarding drainage and it was reemphasized that the easement will be retained for drainage and utility usage. Median on Farrier Trail Coachman Ridge Subdivision was built in the county and annexed into Clearwater when it was substantially completed. Original plans provided a median on Farrier Trail in the block east of Coachman Road. Although the right-of-way was platted and the road was built at a width which would accommodate the median, the median was never built. The Coachman Ridge Homeowners Association requests that the median be installed and is willing to absorb the cost of construction and maintenance. It has been the City Commission's policy not to approve medians provided for the sole purpose of beautification. The staff has met with representatives of the neighborhood and does not object to the median in view of the Association's willingness to absorb maintenance costs. Since the median is contrary to the policy, permission from the City Commission is required. This median is solely for beautification purposes and there are no safety advantages to be obtained. It was questioned whether or not the Association was willing to absorb both construction and maintenance cost and it was the consensus of the Commission to approve the construction if this was the case as well as making the approval subject to City approval of the median landscape plan. Traffic Control Computer Maintenance On-going, full service maintenance is required for the City's traffic control computer system. Diagnostic testing, scheduled and unscheduled maintenance is required to insure uninterrupted traffic control. Moreover, this service can only be performed by technicians specifically skilled and trained on the Perkin-Elmer system. Other third-party maintenance contractors are available, but none have acquired the expertise needed for this system. Therefore, the Traffic Engineering staff recommends renewing the annual maintenance contract with Concurrent Computer Corporation, a wholly-owned subsidiary of Perkin-Elmer Coporation. The cost for this maintenance will not be increased over last year's service price. It was questioned whether or not the Traffic Engineering computer would be phased out under the new Countywide computerized system and it was requested that an update regarding the computerized system and other gas tax projects be provided at the next work session. Lobbyist Service - James C. Massie The City entered into an agreement with Jim Massie in June, 1981, which established him as the City's contract lobbyist. It is now time to renew the agreement. The only change is a .039 increase based on the CPI. It was requested that the letter of agreement be revised to indicate that Mr. Massie's fees would be prorated among any clients benefiting from his services and not just St. Petersburg and Clearwater. Resolution 88-35 - Supporting Proposed Federal Legislation for the Collection of State & Local Sales Taxes in Interstate Transactions. This resolution would support State and Federal legislation for the collection of State and local taxes on interstate transactions, specifically mail order business. The Mayor indicated she has discussed this with Ray Sittig of the Florida League of Cities and he has indicated that this would not benefit cities and she questioned whether or not the City wished to take a position. It was the consensus of the Commission that this is not a City issue and they requested that the resolution be pulled from the agenda. Travel Management Services The City's current contract with AAA World-Wide Travel Agency expires on September 30, 1988. Staff has determined that it is in the best interest of the City to utilize Pinellas County Contract 878-248-09-B with AAA World-Wide Travel Agency to provide these services in the coming fiscal year. The contract will be used by all City departments which have approved travel funds in the 1988/89 fiscal year budget. There have been no complaints from City departments this year concerning AAA World-Wide Travel Agency services. It was questioned whether or not it was a policy that everyone has to use this service including the City Commission. It was indicated that staff is required to do so. A Commissioner requested a policy be established that would indicate that all staff and commissioners use this service unless a better price can be found. Request for variance to the minimum distance requirement for alcoholic beverage sales. (AB 88-10) (Limited Properties, Inc.-Hooter's Inc.) Pursuant to Ordinance 4420-87, Limited Properties, Inc.-Hooter's Inc., is requesting a variance to allow on premises consumption of beer and wine within 237 feet of a residential zone at 2800 Gulf to Bay Blvd. A conditional use for the alcoholic beverage sales was approved by the Planning and Zoning Board on July 26, 1988, subject to the following conditions: 1) Building permit being procured within 6 months, 2) Parking Lot B be redesigned as required by Traffic Engineer and 3) Variance to the separation requirement to be approved by the City Commission. The Planning Director indicated that Hooter's has revised their addition to their existing establishment. Redesign has been necessitated by the widening of Gulf to Bay Blvd. cutting off a portion of their structure. She stated they have reduced the amount of their addition and that they will have a small second story and some expansion to the east. The Commission requested the Planning Director bring the revised site plan to the Commission Thursday for them to look at in connection with this variance request. Amendment of Final Site Plan for The Vinings at Countryside located at the Southwest corner of McMullen-Booth Road and Allen Avenue (CTSP Properties, Inc.) PSP 87-4 On October 1, 1987, the City Commission reviewed a site plan and preliminary plat for the proposed 320 unit multiple family development. The neighboring subdivisions were notified of the plan and the plan was adjusted with additional buffering on the west side in accordance with requests from the adjacent single family residential properties. A final site plan and preliminary plat were subsequently approved by the Development Review Committee and certified by the City Clerk on April 26 and April 28. The developer has amended the final site plan by changing size, locations and orientation of buildings, parking areas and recreation areas and height of buildings. The number of units has not been affected. Building coverage has decreased; paved areas and open space have increased slightly. On July 14, 1988, the Development Review Committee reviewed the amended site plan and recommended approval subject to conditions. The surrounding neighborhoods, which were previously notified, have been notified of this review by the City Commission. The Planning Director indicated that the Commission had previously required only two story buildings to the west of the property. She stated one of the buildings now has a split plan with two 2 and 3 stories two stories. She stated she has not received any objections from the property owners. A question was raised regarding the driveway access to McMullen Booth Rd. using the unimproved county right of way for Allen Avenue. Concerns were expressed that the angle of the drive would make it difficult should the county ever improve Allen Avenue. It was requested that the Traffic Engineer and the County comment on the suggested change. Preliminary Subdivision Plat for the Replat of Lots 23, 24 & 25, Unit 5A, Island Estates located at the NW corner of Larboard Way & Dolphin Point. (Lark Investments NV) SUB 88-7 The applicant is requesting approval to replat the three lots into two lots. The proposal involves a rezoning and land use plan change of proposed lot 2 from RM-20 to P/SP in order to allow an unmanned General Telephone utility substation to be built. This will require variance approval as the P/SP district requires a minimum lot size of one acre. General Telephone Company does not plan to use the entire parcel; therefore the south portion is being platted separately and will remain zoned RM-20. Concerns were expressed regarding the appearance of the switching station, and a request was made that they be urged to landscape and use other methods to make the structure more attractive and compatible with the neighborhood. (Cont. from 7/7/88) Preliminary Site Plan for Shoppes at the Savoy Phase II located on the W side of McMullen Booth Rd. approx. 120 ft. N of Terrace View Lane; W portion of M&Bs 32.01 & 32.02 (after right-of-way acquisition for McMullen Booth Rd.) Sec. 9-29-16 (K.D. Sauder) PSP 88-15 The developer proposes to convert the existing restaurant into retail space and construct an addition for indoor retail space at the S end of the existing building. The developer has applied for variances to the landscape buffer, loading space, and front yard open space requirements, which is scheduled to be heard at the August 11th Development Code Adjustment Board meeting. The Utilities Department finds the proposed locations for the dumpsters to be unacceptable. The Traffic Engineering Department is not in favor of the plan as the required two loading spaces are not being provided, and advises an arrangement to load and unload in the area to the west of the building would be unacceptable due to a conflict with the determined turning radius for delivery vehicles and proposed parking areas north and south of the building. Access is proposed at two points off McMullen Booth Road. The Planning Director indicated that if they are unable to resolve these problems at the DRC level, the plan would come back to the Commission. Commission consensus was to condition approval of the final site plan coming back to the City Commission. Preliminary Site Plan for Gulf Coast Yacht Sales/Restaurant located at the SW corner of the intersection of US 19 and Tropic Hills Dr.; M&Bs 1.05 & 11.06, Sec. 19-29-16 (V L Gillenwater) PSP 88-35 On November 3, 1987, the Planning and Zoning Board approved the applicant's request to convert the subject site of a former restaurant to a boat sales establishment which would be providing service on site. The applicant has submitted a site plan for review which now incorporates the restaurant use in the property at the south end which is currently used for boat sales display by Kenyon Dodge. Also, the site plan involves an expanded paved area for boat display sales and a new service building. The applicant will be going back before the Planning and Zoning Board on August 16th for a conditional use approval for changes to the request since their initial approval. The Traffic Engineer has reviewed the plan and recommends a condition be added. The driveway off US 19 is acceptable to Traffic Engineering. The Planning Director indicated that, should the restaurant convert to some other use, there will be a parking problem. There was some concern regarding aesthetic control in the outdoor sales and display area. The Planning Director indicated as this will require a conditional use approval, there will be control. Preliminary Site Plan for Bethamy Gardens Nursing Home (expansion) located on the S side of Palmetto St. approx. 630 ft. E of Hercules Ave.; Lot 6 & the S 9,040 sq. ft. of Lot 7, Pinellas Groves Sub. (Bethamy Gardens, Inc./Everlasting Bread of Life Church, Inc.) PSP 88-38 The developer is requesting approval of a site plan for a 30 bed addition to the existing 120 bed nursing home. The existing point of access to Palmetto St. and on-site access ways will not be affected by the new plan. Vacation of a right-of-way easement is being assessed and additional property is being acquired from the abutting P/SP zoned church property in order to attain the proposed density. The additional nursing home beds will require conditional use approval by the Planning and Zoning Board. In response to a question, the Planning Director indicated there were no parking problems. Review of Affect of Proposed Land Use Plan Amendments The Planning Director indicated the Planning and Zoning Board is now acting as the Local Planning Agency for the City of Clearwater. She indicated if the proposed land use plan amendments that will be before the Commission Thursday night are approved, it will increase the trips generated throughout the City by 1,672 to 2,067; and that there will be a reduction in the required water and sewer service of 19,000 gallons per day. It was reported that the Tampa Bay Regional Planning Council is proposing to charge municipalities for plan reviews. This review is required by the State; however, the Council's recommendations are only advisory to the State. It has been reported their review of Clearwater's comprehensive plan will cost $10,000, and any reviews of land use plan amendments will cost the City $35/hour for staff time. Concerns were expressed this was not known in time to include any funds in the budget to cover these costs, and whether or not these charges are necessary. Commission consensus was the Planning Director draft a letter from the City Commission to the Legislative Delegation and Growth Management State Departments objecting to this charge. Public Hearing & First Reading, Ordinances 4631-88 & 4632-88 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and a Zoning Amendment from RS-8 to P/SP for a .55 acre parcel approx. 200 ft. S of Drew St. on both E & W sides of Nimbus Ave.; Lot 1, Blk. J, Skycrest Sub. Unit 9 & Lot 3, Blk. A & lot 3, Blk. B, Skycrest Sub., Unit 10 (Skycrest United Methodist Church) LUP 88-6, Z 88-10 The two lots lying between Mercury Ave. and Nimbus Ave. are developed with parking lots to serve the church use to the north. In 1964, the Board of Adjustment and Appeal granted a special exception to permit the noncommercial parking use. The lot located on the west side of Nimbus Ave. is presently developed with a single family residence which is proposed to be removed to provide additional parking. The request is made because the current RS-8 zoning no longer permits noncommercial parking as a conditional use. It was reported that calls have been received from the neighborhood not wanting parking in the area. It was emphasized that parking already exists on the two lots and they would be grandfathered in. Public Hearing and First Reading, Ordinances 4623-88 & 4624-88 - Land Use Plan Amendment from Low Density Residential to Residential/Office and a Zoning Amendment from RM-8 to OL on a 1.07 acre parcel located on the W side of Myrtle Ave. approx. 350 ft. N of Bryant St.; M&B .25, Sec. 21-29-15 (Espey) Z 88-11, LUP 88-7 The property is presently developed with three vacant residential structures and is proposed for use as an emergency rehabilitative shelter for the homeless. If this request is approved, a conditional use will be requested to permit a level 3 group care facility. A question was raised regarding the suggestion that these facilities be allowed as conditional uses in P/SP zones. The Planning Director indicated she is researching options for this Code amendment, and that should the Code be amended, this could be brought up by the Commission for a further rezoning to P/SP. Public Hearing and First Reading, Ordinances 4639-88, 4640-88 & 4641-88 - Petition for Annexation with a Land Use Plan Amendment from Low Density Residential to Residential/Office and OL Zoning for a 9.54 acre parcel located approx. 800 ft. S of Enterprise Rd. adjacent on the E to the proposed extension of Landmark Dr.; M&B 22.011, Sec. 33-28-16 (Vogel) A 88-19, LUP 88-10 The property is currently vacant and is proposed to be developed with offices. City water and sewer are available to the property. The Planning Director indicated that staff is working with Mr. Vogel, the applicant, regarding development of Landmark Dr. Public Hearing and First Reading, Ordinances 4642-88 & 4643-88 - Land Use Plan Amendment from Medium Density Residential to High Density Residential and a Zoning Amendment from RM-12 to RM-28 for a 6.79 acre parcel located S of existing Seville Condominium and Seville Blvd. and Pearce Dr., a private street; M&B 33.06, Sec. 17-29-16 (Clearwater Seville Ltd.) LUP 88-12, Z 88-14 AND Public Hearing and First Reading, Ordinances 4644-88, 4645-88 & 4646-88 - Petition for Annexation of two parcels with a Land Use Plan Amendment from Medium Density Residential to High Density Residential and RM-28 Zoning for Parcel 1 (34.48 acres) and AL/C Zoning for Parcel 2 (26.90 acres), on a total parcel of 61.38 acres located at the E'rn terminus of Seville Blvd.; M&B 34.01, a portion of M&B 34.02 and M&B 21.01, Sec. 17-29-16 (Clearwater Seville, Ltd. & AEL Partnership) A 88-20, LUP 88-11 These items relate to the Seville properties which are the subject of a pending litigation. These items are being continued as the required impact statement was not available for Planning and Zoning review and, therefore, they continued the items. In response to a question regarding the status of the litigation, the City Attorney reported that negotiations are continuing and it is likely a settlement will be reached. City Attorney Reports The City Attorney reported that Ordinances 4614-88 and 4615-88 are the annexation and zoning for properties that were the subject of a case which was dismissed by the judge. The developers and the homeowners association were objecting to being annexed; however an annexation agreement had been entered into by the developer and was clearly known to the purchasers of lots in the subdivision and the judge dismissed the case. Commissioner Berfield stated he had been talking to Attorney John Hubbard, City Attorney for Dunedin, and requested the City Attorney check with him regarding their annexation procedures. Other City Attorney Items The City Attorney reported he will be attending the Municipal Attorneys Conference August 4th through the 6th. Verbal Reports The Acting City Manager reported a request has been received that the City of Clearwater authorize Gadsden County to issue Industrial Development Bonds that would provide for the purchase of Bruce Manor Nursing Home by a not for profit agency. Federal law requires that a public hearing be held for this authorization and it will be scheduled for the 18th of August. The Acting City Manager reported that due to the proposal being to sell to a not for profit organization, the property would come off the tax rolls; however, the applicants are willing to pay the amount that would be due for taxes in lieu of same. Other Commission Action Commissioner Regulski requested the status of the Land Development Code amendment regarding the retention of site plan requirements, and the Planning Director indicated it would be coming forward shortly. He also requested a report regarding the litigation with the Scientologists and a report regarding the $25,000 cap on the fees from outside attorneys. Commissioner Winner questioned whether or not there was any way to find out the total investment that has been required for this suit. The meeting adjourned at 11:10 a.m.