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02/13/1989 CITY COMMISSION WORK SESSION February 13, 1989 The City Commission of the City of Clearwater met February 13, 1989, City Hall, at 1:25 P.M. with the following members present: Rita Garvey Mayor/Commissioner James Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner (arrived 2:30 p.m.) Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk Service Pins. Four Service Pins were awarded. Employee of the Month. The Employee of the Month Award for February 1989 was presented to Dan Wolfe, Water Pollution Control Division, Public Works Department. The Mayor called the meeting to order and the following items were discussed: Ordinances 4779-89 Amending Operating Budget and 4780-89 Amending Operating Capital Improvement Budget. The Commission requested that Betty Deptula, Administrative Services Director, provide a presentation at Thursday night's meeting. Concerns were expressed regarding the warm winter adversely affecting our projected revenues; and in response to a question raised about the inconsistency in the water and sewer usage, the Administrative Services Director indicated that there had been some discrepancy in the estimates of when those revenues would be realized. Extension of Insurance Claims Services Agreement with Gallagher Bassett Services, Inc. from 7/1/88 to 10/1/89 for an estimated cost of $108,854. For the past several years, Gallagher Bassett Services, Inc. has provided insurance claims services to the City of Clearwater as an integral part of the City's program. These services include claims reporting, claims adjusting and investigation, property appraisal, loss prevention, and loss control services. All physical injury and workers' compensation claims are processed for the City of Clearwater by the servicing agent as well as property damage claims. A request was made that the City review all of its consultants' contracts to assure they are needed and are at the proper level. Purchase of Thirteen (13) 4-Door Police Patrol Vehicles - Karl Flammer Ford, Tarpon Springs at a total cost of $163,661.29. In an attempt to validate the state contract price for police control vehicles, Fleet Maintenance contacted Karl Flammer Ford, the vendor for last year's vehicles. The quote Flammer Ford returned was $790.67 lower than the state contract price for a total savings of $10,369.71 for the thirteen (13) vehicles. Karl Flammer Ford will also pick up and deliver any unit in need of warranty work at no cost to the City. Other Ford dealers were contacted to see if they could also meet or beat the state contract price; however, were unable to meet the price quoted by Flammer Ford. Concerns were expressed that other car manufacturers were not contacted and it was requested that the next police vehicle bid be submitted to other manufacturers. Clearwater Bomber Agreement (5-year) for Use of Playing Field, Concession, Press Box, and Restrooms at Bomber Stadium. The Clearwater Bombers have been using Bomber Stadium located at Carpenter Field for several years. The existing agreement between the City and the Bombers expires February 6, 1989. The new agreement is identical to the previous one with the exceptions of the term of the new agreement being for five years instead of three and the new agreement allows the Bombers until March 1st of each year to submit their schedules to the Parks & Recreation Department for review and approval rather than the current deadline of February 15th. Commissioner Berfield complimented Ream Wilson, Parks & Recreation Director, on the condition of the stadium and requested that staff investigate the possibility of placing a sign at Carpenter Field indicating that Clearwater is the winter home of the Philadelphia Phillies. Annual Contract for Protective Vests and Covers for Police Department - Security Supply, Inc. of Tampa at a total cost not to exceed $12,300. The Police Department began purchasing protective vests for police officers in 1977. Some vests have been replaced due to wear. Recently, the industry providing vests has taken a position that the expected useful life of a bullet-proof vest is five years. With this information and the interest of safety, the Police Department feels it necessary to replace sixty vests and vest covers. The vests to be replaced include those over five years old and those displaying fraying or unusual wear. The City Manager indicated that the protective material of the old vests is safeguarded; and in response to a question, Chief Klein indicated that the vests are made to stop up to a 9 mm bullet. However, he is uncertain as to the range. Discussion ensued regarding various governmental agencies passing legislation prohibiting assault weapons and it was indicated that there is similar legislation proposed for this year's State Legislative session. It was requested that staff review the proposed legislation and supportive letters be drafted. It was also suggested that, should the legislation not pass, the City take some action as these are not handguns and may not be covered by the provision that does not allow municipalities to regulate. Item: Hand-Held Decibel Meters. Commissioner Winner reported that a meeting had been held with the County judges to demonstrate hand-held decibel meters. A result of that meeting is that the judges feel we can lawfully proceed to enforce the County and State laws regarding noise. It is planned to purchase three or four of the units in order to carry out a trial. The violation of the laws would result in a traffic ticket and a $35 fine. In response to a question, it was indicated that the meters would not be used exclusively on the beach. In response to questions, Chief Klein indicated that there are currently six vacancies for police officers and that the police aide program has resulted in positive responses. Item: Drainage Projects. A question was raised regarding the progress of the Stevenson's Creek Project and Bill Baker, Public Works Director, indicated we are in the process of obtaining the permits and designing the work. The proposal is for a four-year project with estimated costs of $1 million per year. It was indicated there will be other projects after this with Allen's Creek being the next area addressed. The "Growth Management Act" will require master plans for drainage and will need to address not only flooding problems but water quality. Closure of Streets in Ashland Heights and Oak Creek Subdivisions, Construction of Landmark Drive/McMullen-Booth Road, Connector Road. During the budget hearings in 1988, the City Commission discussed the construction of a new road connecting Landmark Drive to McMullen-Booth Road. In September 1988, the project was removed from the budget. On December 1, 1988, the Commission voted to close Ashland Terrace at McMullen-Booth Road. This action left Tanglewood Drive as the only road connecting Landmark Drive to McMullen-Booth Road and prompted residents to request a road closure similar to the one approved at Ashland Terrace. At its January 16, 1989, work session, the Commission agreed to reconsider the decisions related to the new road and Ashland Terrace at the February 16, 1989 regular meeting. It is the Public Works Department's recommendation that all traffic route options and mobility of movement be maintained as earlier envisioned by the building of the connector road and by maintaining Ashland Terrace and Tanglewood Drive. If the connector road is to be constructed, it is deemed desirable to relieve Ashland Terrace by closing it temporarily by barricading it until such time as a connector road is built. Mayor Garvey reported that the Board of County Commissioners had approved the termination of Tanglewood Drive at McMullen-Booth Road. Concerns were expressed that contradictory information is being issued by various groups. A concern was also expressed that the people along Landmark Drive and in the general area are unaware of the plans for Landmark Drive in that the County plan classifies it as a major collector which will be a four-lane highway. Municipal Election March 14, 1989 Canvassing Board. Section 101.5612 F.S. provides for the testing of the tabulating equipment to ascertain if the equipment will correctly count the votes cast. It further provides that the Canvassing Board shall convene at this time or the Board may appoint one of its members to represent it. The test is open to the candidates, press, and public. Consensus of the Commission was to appoint Commissioner Regulski to represent them as the Canvassing Board. Advisory Board Appointment - Community Relations Board. Mayor Garvey indicated that Rev. Delaney states he has not been absent five out of seven meetings as indicated on the item. Staff will investigate. Receipt & Referral of Land Use Plan Amendment to Commercial/Tourist Facilities and Zoning Amendment to CG for Property located E and W of Bamboo Lane, S of Gulf-to-Bay Boulevard, S 34 feet of Lot 3 and S 34 feet of Lot 10, Bamboo Sub. (SDS Investments) LUP 89-1, Z 89-1. At present, the north 38 feet of Lots 3 and 10 Bamboo Subdivision carry a CG (General Business) District Zoning and a Land Use Plan designation of Commercial/Tourist Facilities while the S 34 feet of these lots carry an RS-8 zoning district and a Land Use Plan designation of Low Density Residential. The request is to amend the zoning on the S portion of these lots to bring all of both lots under one zoning district and land use plan designation. A concern was expressed that we are pushing the CG zoning along Gulf-to-Bay Boulevard further from the right-of-way. Variance to the Separation Requirements for Sale of Alcoholic Beverages for Johnny's Italian Restaurant located at 2907A, Suite 1, SR 590, M&B 11.01, Sec. 8-29-16 (Adamo Investors, Ltd.) AB 89-01, CU 88-90. The applicant presently operates a restaurant located within the Mission Hills Shopping Center on the S side of S.R. 590. The owner proposes to relocate in the same shopping center and operate a restaurant and deli under a 2-COP beer and wine state license. The new location is 100 feet from a residential zone. A question was raised regarding whether or not the current restaurant has an alcoholic beverage license. Ordinances Nos. 4735-88, 4736-88, 4737-88 - Petition for Annexation, General Commercial Zoning, and a Land Use Plan Amendment from Low Density Residential to Commercial/Tourist Facilities on Property located at the SW corner of Main Street and McMullen-Booth Road, M&B 23.06, Sec. 4-29-16 (Florida Power Corp.) A 88-37, LUP 88-27. The request is to annex property at the SW intersection of Main Street and McMullen-Booth Road into the City of Clearwater in order to obtain sewer service for the development of a gasoline service station. This development will require commercial zoning and land use plan classification. Presently, there is no frontage on McMullen-Booth Road; however, with the widening there will be direct frontage. The parcel contains several specimen oak trees which should be protected through site plan review. The Planning Director indicated that letters of objection are being received and that Florida Power is aware of the objections. In response to a question, she indicated that she felt eventually an office designation would be appropriate for this location. Ordinances Nos. 4701-88, 4702-88, 4703-88 - Petition for Annexation, Public/Semi-Public Zoning and a Land Use Amendment to Public/Semi-Public for Property located E and W of the First Christian Church on Drew Street, M&B 22.02, Sec. 18-29-16 and Lot 1, Blk A, Eastwood Terrace Sub. (First Christian Church) A 88-31, LUP 88-21. The properties are owned by First Christian Church and are being requested for annexation as a condition of approval of the site plan for the First Christian Church Family Life Center. Parcel No. 1 is developed as a parking lot used by the church located immediately to the E and already within the City limits of Clearwater. Parcel No. 2 is vacant and there are no plans for development. City water and sewer are available to the property. Annexation of this portion of Drew Street will result in all of Drew Street becoming the responsibility of the City of Clearwater rather than Pinellas County. A question was raised regarding whether or not there could be a connection between the parking lot with the First Christian Church and the Clearwater East Library. Staff is to investigate. First Reading Ordinances Nos. 4756-88, 4757-88 - Land Use Plan Amendment to Commercial/Tourist Facilities and Highway Commercial District Zoning for Property located at the NE corner of the intersection of Bypass Drive and Druid Road, portion of M&B 41.12, Sec. 18-29-16 (Sorota) LUP 88-30, Z 88-26. These two items are being requested in order to allow redevelopment of the Jersey Jim Shopping Center. All existing buildings will be torn down and a new shopping center oriented toward Gulf-to-Bay will be developed. Property on Druid Road is a wetlands area over which the Department of Environmental Regulation (DER) has claimed jurisdiction. The applicant is aware of this and is developing a mitigation plan. The Planning Director indicated she has presented the developer with various options but, due to there being no site plan at this time, a CPD zoning (Commercial Planned Development) would not be appropriate. At the time a site plan is developed, a rezoning to CPD could be requested. Ordinances Nos. 4754-88, 4755-88 - Land Use Plan Amendment to Industrial and a Rezoning to Limited Industrial for a Parcel located at 950 Old Coachman Road, W side of Old Coachman Road across from Carpenter Field (Daly) LUP 88-29, Z 88-25. In August 1984, the City Commission approved a request for annexation, a Land Use Plan designation of Low Density Residential, and RM-8 Zoning. In April 1985, a Land Use Plan Amendment from Low Density Residential to Medium Density Residential was approved by the Pinellas Planning Council under a compromise procedure with the final density of the parcel being limited to ten dwelling units per gross acre. In August 1985, the City Commission accepted the compromise and gave final approval. The property has never been redeveloped into a multi-family residential use and the manufacturing use which existed prior to the request for annexation still exists. The property lies within the 100-year flood plain which will have to be considered in approving any new construction. The requested Land Use Plan Amendment will require state approval. Ordinances Nos. 4759-88, 4760-88, 4761-88 - Petition for Annexation, RM-16 Zoning, and a Land Use Plan Amendment from Low Density Residential to Medium Density Residential for Property located on the N side of Drew Street immediately E of Eisenhower Elementary School (Roberts, Brown, Kennedy) A 88-39, LUP 88-31. The subject parcel is vacant with the exception of a small wastewater treatment facility which currently serves the Island In The Sun Mobile Home Park located south of Drew Street across from the subject property. The property does contain an area of wetlands and an area designated as unique upland forest which should be protected at the time of development. The proposed use of the property is apartments and/or an adult congregate living facility. City sewer can be extended to serve the property and City water is available. The property to the south of the western portion of the subject property is under the same ownership and is developed as the Island In The Sun Mobile Home Park but is not included in this petition. It is the City Commission's policy to require all contiguous property under one ownership be annexed at the same time. The applicants have offered to the City a proposed agreement which proposes annexation of the property on the south side of Drew Street within three years of annexation of the subject property. The Planning Director indicated that the annexation agreement would also call for the treatment plant to be closed down. Major Amendment to the Master IPD Site Plan for South Oaks Fashion Square (aka Clearwater Marketplace) and Amendment to the Annexation Agreement between the City of Clearwater and David Bilgore & Co., Inc. for property (30.901 acres) located at the SW corner of the intersection of McMullen-Booth Road and SR 590, Lots 1 and 2, South Oaks Fashion Square, Sec. 9-29-16 (Richland Properties, Inc./Booth Marketplace) PSP 88-7, Z 88-6. The original proposal for South Oaks Fashion Square called for retail on the east side of the property with office buildings on the west. The developer is now requesting approval to amend the site plan with a related amendment to the subject annexation agreement to permit multi-family units to be constructed in four (4) two and three-story structures rather than the previously approved office development. The Annexation Agreement provides for a two-story height limitation. The Planning Director indicated that the impacts of this change have been investigated and traffic will be dramatically decreased and there will be no change to the access points to the development. In response to a question, she indicated we had most of the right-of-way needed for Landmark Drive. Discussion ensued regarding the density that would be on the property under the proposal and it was stated it would be 22 units an acre. Concerns were also expressed regarding amending the Annexation Agreement to allow the three stories. Preliminary Site Plan for Carlisle Motors Bamboo Lane Display Lot EAST, located SE of Gulf-to-Bay Boulevard and Bamboo Lane Intersection (0.76 acres), Lots 9 and 10, less the Westerly 20 feet for street purposes, Bamboo Subdivision, Sec. 13-29-15 (SDS Investments) PSP 88-62; AND Preliminary Site Plan for Carlisle Motors Bamboo Lane Display Lot WEST, located SW of Gulf-to-Bay Boulevard and Bamboo Lane Intersection (0.57 acres), Lot 2 less the E 20 feet and Lot 3 less the E 20 feet for street purposes, Bamboo Subdivision, Sec. 13-29-15 (SDS Investment) PSP 88-63. The applicant is proposing to develop an outdoor vehicle sales and display lot with service vehicles in connection with the abutting Carlisle Motors dealership. The proposed uses require conditional use approval by the Planning & Zoning Board which granted outdoor vehicle sales and display only at its January 3, 1989, meeting. A portion of the property is zoned residential which requires a rezoning and land use plan amendment to permit the proposed uses. These applications have been submitted to the City. The sites will be accessible via internal drives to the existing abutting Carlisle development. There will be no access to Bamboo Lane. The Planning Director indicated that a unity of title is being required which the attorney for the applicants will be addressing. Preliminary Site Plan for Friendship United Methodist Church Addition located at the SW corner of the "T" intersection of Druid Road and Canterbury Road (1.23 acres), M&B 43.01 and Lots 5 and 6, Blk A, East Druid Estates, Sec. 13-29-15 (Friendship United Methodist Church, Inc.) PSP 89-01. The Church is proposing to construct a one-story meeting hall addition. According to the applicant's architect, some of the existing meeting hall space will be converted to classroom space, yielding two new classrooms with no increase in assembly area seating capacity. The site is accessible from Druid Road, Canterbury Road, and Croydon Drive. There are no changes proposed to the access points. The Planning Director indicated she is not certain the Church will be able to construct the size addition they are considering once all calculations are made. Preliminary Site Plan for East Cove Condominium located SW of the "T" intersection of Pierce Boulevard and Pierce Street (.55 acre), M&B 24.06, Sec. 16-29-15 (Highpoint Corp.) PSP 89-02. The applicant is proposing to construct a twelve-unit multi-family structure consisting of six levels of residential over ground level parking, storage, refuse room, and lobby space. According to the Environmental Division, the concept of the plan for East Cove Condominium appears to be viable; however, the project will require innovative "environmental engineering" design to bring it to the building permit stage. The plan, as submitted, extends to the mean high water, which in this case is actually in the water and covers a significant area that is considered wetland due to the habitat value, and presence of sparse mangroves and other vegetation. In order for the project to proceed, Department of Environmental dredge and fill permitting will be required even if a suspended structure without fill is to be used to extend the upland area. In the project's favor is the fact the shoreline has been used as a dumping ground for miscellaneous concrete rubble and other debris in an attempt to stabilize the steep bank. Significant improvement could be made in the way of habitat and wetland enhancement as compensation for designing a permittable project from the Environmental Division's point of view. Extensive negotiations with DER and Environmental staff should be anticipated. As the pollutants from this type of development are anticipated to be herbicides, pesticides, and fertilizers used to maintain landscaping and oils and greases from parking areas, it is requested that shallow grass areas be used for required water quality treatment. The site plan requires redesign of the vehicular use area and landscaped areas in order to meet code requirements. Access is proposed at two points off Pierce Boulevard. The Planning Director indicated that the majority of the conditions placed on the site plan do pertain to the wetlands. She stated there is no provision for retention and this will need to be addressed. The Traffic Engineer is going to require redesign of the parking area; and in response to a question, she indicated that no boat slips are shown on the plan. In response to a question regarding whether or not the staff had any knowledge of the environmental aspects, the Planning Director indicated that the DER, five years ago, had indicated that development was not possible. However, conditions may have changed. The Commission requested the item be revised to show final action being taken by the City Commission. Item. A question was raised regarding whether or not other Commission members had been receiving calls regarding the Seville development. It was indicated that staff was waiting to hear from the attorneys from Seville and that no item is scheduled for Thursday night's meeting. Verbal Reports. The City Manager reported on a controlled burn that was used as a training exercise the morning of the meeting. He requested Commission concurrence regarding scheduling of the annual Phillies Dinner for March 21, 1989, at 6:30 P.M. at the Clearwater Beach Hotel. The City Manager reported that staff is beginning the budget process for the 1989-90 fiscal year. The City Attorney reminded the Commission of the meeting scheduled with the Legislative Delegation for the morning of February 16th. The Mayor reminded the Commission the taking of a group picture is scheduled for Thursday night prior to the Commission meeting and she requested that the Commissioners arrive early. Other Commission Action. The Mayor questioned an article she had read in a publication called "Pinellas Trails" which indicated that bike trails were going to be allowed in the areas being preserved for long range mass transit. She was concerned that once the trails were established it would be difficult to remove them if needed for mass transit. It was indicated that the bike trails could continue if the mass transit lines are elevated. Mayor Garvey questioned the status of the MPO's decision regarding the "expressway." Commissioner Regulski reported that it would not be designated as a line on the plan but as a note and that all references to McMullen-Booth Road had been eliminated. Commissioner Regulski requested the status on the rezoning of Isaiah's Inn and the Planning Director indicated that she is working on an ordinance that addresses the homeless issue. In response to a question from Commissioner Winner, she also indicated she is working an ordinance regarding fences on McMullen-Booth Road. Commissioner Nunamaker expressed concerns regarding another exotic dancing establishment opening on Gulf-to-Bay and questioned whether or not there were any steps the City could take in order to restrict these establishments. The City Attorney indicated Legal Department staff is investigating the possibilities. The City Attorney also stated that the Commission needs to consider its alcoholic beverage separation distance variance request and stated that they have now approved enough that it will be difficult to not approve any and he asked them to consider amending the ordinance to shorten the distance but allowing no variances. The City Manager reported that recognition of the parking enforcement officer who assisted in the apprehension of the Trickle's robbery suspect was scheduled for Thursday night. The meeting adjourned at 4:01 P.M.