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01/18/1990 CITY COMMISSION MEETING January 18, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 18, 1990, at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Del Copeland of the First United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards. The Employee of the Month for January 1990 is Lori Metzer, Library Acquisition Control Clerk, Library Department. V - Presentations - none. VI - Minutes of the Regular Meetings of December 21, 1989 and January 1, l990. Commissioner Fitzgerald requested the January 4, 1990 minutes be corrected as follows: on page 9 under "Verbal Reports" the date of the Clearwater Pass Bridge Meeting be changed to January 26th. Commissioner Regulski moved to approve the minutes of the regular meeting of December 21, 1989 as submitted and recorded in written summation by the City Clerk to each Commissioner and the regular meeting of January 4, 1990 as corrected. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Lance Piscatelli complained regarding speeding on residential streets and requested a change in State Statutes allowing for ticketing when there is no posted speed limit. Marie Burlock questioned the legality of the removal of garage doors and walling in of a house on Casler Street making it inconsistent with the neighborhood. James Polatty, Planning & Development Director, indicated this was not in violation of the code. VIII - Public Hearings ITEM #9 - Continued from 12/21/89 - Public Hearing & First Reading Ordinance #4915-89 - Vacating 15' north-south alley in J. B. Roberts Subdivision (Morritt Homes, Inc. V 89-24)(PW) The applicant is requesting a portion of the alley be vacated to accommodate new construction. The City has sanitary sewer and gas lines within the alley. The request has been reviewed by various City departments/divisions, and except for those of the Public Works Director, there were no objections, subject to the alley being retained full width as a drainage, utility, ingress and egress easement for the general public. Florida Power and General telephone have no objections subject to an easement being retained. Vision Cable has no objections. The maintenance of the alley, if vacated, will become the responsibility of the adjoining property owners, who will each receive a portion of the land. The applicant has been negotiating with the owner of Lot 6, Mr. George Valine, regarding parking. On January 10th, representatives from Morritt Homes, Inc. displayed evidence of having satisfied the wishes of the owner of Lot 6. The recommendation to deny this vacation is being withdrawn. The City Manager indicated the concern regarding ingress and egress of public service vehicles has been addressed. Commissioner Nunamaker moved to approve the vacation request subject to the right-of-way being retained full width as a drainage, utility, ingress and egress easement for public service vehicles. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4915-90 for first reading and read it by title only. He requested adding language to address the ingress/egress of public service vehicles. Commissioner Regulski moved to amend Ordinance #4915-90 by adding at the end of Section 1 "and for ingress/egress of public service vehicles." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass Ordinance #4915-90 as amended on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ordinance #4916-90 - Vacating portion of Devon Dr., Replat of Bayside Subdivision, lying easterly of a line connecting the southerly common corners of Lots 6 & 7 and the northerly common corners of Lots 52 & 53 (Blakely V 89-25)(PW) Approximately 75 percent of the property owners are requesting the vacation of Devon Drive. As a private street, the property owners desire to install a gate across a road to control access to the subdivision. If the City vacates the right-of-way, it should be understood by all of the property owners that the City will not maintain the street or the storm sewer system, and the property owners will have to arrange with Florida Power to pay for and maintain the street lights. The City will require that a full width of the right-of-way be retained as an ingress-egress easement and a utility easement. The City Manager indicated this vacation does not have support from 100 percent of the residents of Devon Drive. Therefore, staff recommends denial of the request. John Blakely, applicant, indicated that two-thirds of the residents were in support. Concern was expressed regarding high incidents of burglaries and vandalism in this area. He indicated, if vacated, the City would no longer have to maintain the streets. Mr. Blakely indicated the Fire and Police Departments object to the proposed gate not to the vacation itself. Peter Caffentzis, spokesperson for the opposition, submitted a report reflecting a small number of incidents requiring police action. He expressed concerns regarding the installation of a gate affecting mail services, hindering emergency medical and police access, highlighting the street as a target area for crime, and setting a precedent. In response to a question, it was indicated that a "Crime Watch Program" had not been officially established. Discussion ensued regarding maintenance responsibilities if the vacation is approved, and it was indicated the City would need to continue a utility easement for sewer, gas, and water services; street maintenance, the stormwater system and street lights would be the responsibility of the residents. Assistant City Manager Charles Hunsicker indicated the Fire Department's opposition to any impediment to access for emergency vehicles. Seven residents spoke in opposition citing the hinderance of emergency medical access as a major concern. They also felt a gate would cause inconvenience for the residents' visitors. Concerns were also expressed regarding the cost to the residents for maintenance of the streets, street lights, and the proposed gate. Three residents spoke in support of the vacation indicating the installation of a gate would provide for peace and quiet in the neighborhood. It was indicated the neighborhood has deteriorated in the last three years due to the beach traffic. Mr. Caffentzis indicated the maintenance responsibilities for the residents, if the vacation is granted, would create a financial burden on the residents with fixed incomes. He also indicated there would be four residents who would be outside the gate and expressed concern that their properties would be used for a vehicle turnaround. In rebuttal, Mr. Blakely, indicated the majority of the residents support the request. He indicated the four residents remaining outside the proposed gate would not be impacted as there is a natural turnaround for vehicles. Discussion ensued in regard to whether or not the vacation is in the best interest of the public. Commissioner Regulski moved not to consider the vacation request. The motion was duly seconded and carried unanimously. ITEM #11 - (Continued from 12/7/89) - Public Hearing & First Reading Ordinance #4917-90 - Amending land use element of comprehensive plan for property located at eastern terminus of Seville Blvd. from None to Medium Density Residential, Section 17-29-16, M&B 34.01 and part of M&B 34.02 and Section 20-29-16, M&B 21.01, (Clearwater Seville, Ltd. and AEL Partnership - LUP 88-11) (PLD) The Clearwater Comprehensive Land Use Plan does not designate a land use plan category for any property not under City jurisdiction. Therefore, all annexations require a City land use plan amendment and review by the Local Planning Agency. The original application submitted on May 20, 1988 was for High Density Residential. A change to Medium Density Residential was approved by the Planning & Zoning Board; however, there was a tie vote of both the RM-12 and RM-16 zoning. The City Commission tabled the ordinances at that time. Recently, the ordinances were removed from the table. The City Commission finalized the RM-12 zoning at its meeting of November 2, 1989 and finalized the annexation at its meeting of December 7, 1989. The Pinellas County land use designation on the parcel is Low Medium Density Residential (10 dwelling units per gross acre). This ordinance is based on a recommendation of approval of the requested amendment with the further recommendation that any development be limited to the maximum permitted by Pinellas County in order that no County plan change would be required. A clarification of the recommended land use plan designation was requested. The City Attorney explained that, although the City zoning is RM-12, under the County's Medium Density Residential designation, ten (10) units per gross acre are allowed. Concern was expressed regarding a possible request for credits for unused densities. It was indicated leasehold gives property rights and any transfer of density would have to be approved by the leaseholders. He said the cap under the County's plan is 10 units per gross acre. It was also indicated that other specific conditions have to be met before any densities could be transferred. Commissioner Regulski moved to approve the Land Use Plan amendment on the subject property. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski and Nunamaker and Mayor Garvey voted "aye;" Commissioners Winner and Fitzgerald voted "nay." Motion carried. Discussion ensued regarding flagging the Medium Density Residential designation so that it would not be interpreted as the standard Medium Density under the City's plan and it was indicated 10 units per gross acre should be stipulated. Commissioner Regulski moved to amend Ordinance No. 4917-90 by inserting "conditioned" after Medium Density Residential in the title and adding in Sec. 1; "greater than 10 units per gross acre" after "density or intensity of use" in Sec. 2. The motion was duly seconded. Discussion ensued in regard to adding the word "conditioned" after Medium Density Residential. Concern was expressed in regard to the applicant not being in attendance. Upon the vote being taken, Commissioners Regulski and Nunamaker and Mayor Garvey voted "aye;" Commissioners Winner and Fitzgerald voted "nay." Motion carried. The City Attorney presented Ordinance #4917-90 as amended for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4917-90 as amended on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, and Garvey. "Nays": Winner and Fitzgerald. Motion carried. The meeting recessed from 8:10 p.m. to 8:25 p.m. ITEM #12 - Public Hearing & First Reading Ordinance #4919-90 - Amending land use element of comprehensive plan for property on east side of proposed N. Keene Rd. extension at terminus of Leo Lane East, Pinellas Groves, Section 1-29-15, portions of Lots 25 & 26, and Section 12-29-15, portions of Lots 6-8, from None to Industrial (City LUP 89-16)(PLD) The Clearwater Comprehensive Land Use Plan as adopted by the Commission on November 16, 1989 did not designate a land use plan category for any property not under City jurisdiction. Therefore, all annexations require a City land use plan amendment and review by the Local Planning Agency. The Commission finalized the annexation and IL zoning at its meeting of December 21, 1989. Commissioner Regulski moved to approve the Land Use Plan Amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4919-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4919-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #13 - Public Hearing & First Reading Ordinances #4923-90 & #4924-90 - Amending land use element of comprehensive plan and rezoning for property located west of intersection of McMullen-Booth Rd. and Mease Dr., Landmark Palms, Tract A (International Landvest, Inc. LUP 89-12, Z 89-15) (PLD) The Holy Trinity Episcopal Church, located to the south of the subject property, has a contract to purchase the parcel for a proposed new church sanctuary. The Church use, if adequately buffered on the west adjacent to the single family residential area, will be compatible with the surrounding uses. The site does not contain any significant environmental constraints that would preclude its development. The request will require approval by the Pinellas Planning Council and the Florida State Department of Community Affairs. Joseph Diaz, Vicar of the Church, requested the Commission support the request. Commissioner Regulski moved to approve the Land Use Plan amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4923-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4923-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4924-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4924-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - Public Hearing & First Reading Ordinances #4925-90 & #4926-90 - Amending land use element of comprehensive plan and rezoning for property located at SW corner of intersection of Calumet St. and Belcher Rd., Clearwater Industrial Park, Lot 12 (UPARC) LUP 89-13, Z 89-16) (PLD) The property is presently developed as an Upper Pinellas Association for Retarded Citizens (UPARC) facility, which will be moving to the new Center Foundation facility on the east side of Belcher Road. The requested amendments are in anticipation of the move and the future sale of the subject property. If approved, the proposed amendment should not have any adverse impact upon public services and facilities including potable water supplies, wastewater treatment facilities and the adjacent traffic circulation system. The site does not contain any significant environmental constraints that would preclude its redevelopment. The request will require approval by the Pinellas Planning Council and the Florida State Department of Community Affairs. Commissioner Nunamaker moved to approve the Land Use Plan amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4925-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4925-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4926-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4926-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #15 - Ordinance #4905-90 - Relating to Land Development Code; amending Secs. 136.022 and 136.025, to establish standards for noncommercial parking as a conditional use on residentially-zoned property or in the Limited Office District to provide accessory parking for adjoining nonresidential property (LDCA 89-09) The City Attorney presented Ordinance #4905-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4905-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #16 - Ordinance #4918-90 - Amending land use element of comprehensive plan for property located at SE corner of intersection of Sunny Park Dr. and Citrus St., Sunny Park Groves, Blk C, Lot 18 and W 50' of Lot 17, from None to Low Density Residential (Smyth LUP 89-15) The City Attorney presented Ordinance #4918-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance ##4918-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #17 - Ordinance #4920-90 - Amending land use element of comprehensive plan for property located at NE corner of Carolina Ave. and Bayview Ave., Bayview City Subdivision, Blk 5, Lot 12, from None to Low Density Residential (Secure Rental Housing LUP 89-17) The City Attorney presented Ordinance #4920-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4920-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #18 - Ordinance #4921-90 - Zoning property annexed in Ordinances 4922-90 as Low Density Residential (RS-8) located at the northeast corner of Carolina Ave and Bayview Ave, Bayview City, Blk 5, Lot 12 (Secure Rental Housing A 89-21) The City Attorney presented Ordinance #4921-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4921-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #19 - Ordinance #4922-90 - Annexing property at NE corner of Carolina Ave. and Bayview Ave., Bayview City Subdivision, Blk 5, Lot 12 (Secure Rental Housing A 89-21) The City Attorney presented Ordinance #4922-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4922-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #20 - Ordinance #4927-90 - Vacating William Brown's Subdivision of Bayview, portion of Lot 4 (Draeger V 89-26) The City Attorney presented Ordinance #4927-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4927-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #21-32) - Approved as submitted. Agreements - Approved. ITEM #21 - Agreements with The Golden Cougar Band Boosters, Inc. and The Clearwater High School Band Boosters, Inc. for the parking of automobiles at this year's Spring Training Season of the Philadelphia Phillies (PR) ITEM #22 - Pinellas County, The Town of Belleair and the City of Largo Drainage Interlocal Agreement (CM) Bids & Contracts - Awarded. ITEM #23 - Contract to purchase chlorine from Van Waters and Rogers, Tampa, FL, at an estimated cost of $51,799.50 (AS) ITEM #24 - Contract to Hertz Corp., Orlando, FL, for the purchase of 13 pre-leased 1989 vehicles, at a total cost of $125,450.00 (GS) ITEM #25 - Annual contract for elevator maintenance service to Control Elevator Systems, Spring Hill, FL, at a total cost of $12,000.00 (GS) ITEM #26 - Annual contract 2/1/90 to 1/31/91 for installation of 5/8", 1", 2" and 4" P.E. gas mains and service lines to Gulfcoast Utility Constructors, Largo, FL, at a total estimated cost of $267,250.00 (PW) Citizens & Staff Requests - Approved. ITEM #27 - Direct staff to proceed with the acquisition of the CSX and Dimmitt Properties in the community redevelopment district (CM) Change Orders - Approved. ITEM #28 - Change Order No. 2 to the contract for the Marshall Street Advanced Pollution Control Facility Project, increasing the contract amount by $22,883.00 adjusting the total amount to $16,740,170.00 (PW) Plans & Plats - Approved. ITEM #29 - Preliminary Site Plan - Forest Run Park located at the SW corner of Curlew Rd. and Landmark Dr., M&B 41.021, PSP 89-39 (PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the condition that the signs and fencing/walls are subject to separate review and permitting processes. ITEM #30 - Revalidation of and Amendment to Final Site Plan for Arbor Office Center Phase III located at 1317-1319 US 19 South, M&B 23.011 PSP 81-06 (PLD) Authorize revalidation and amendment of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: (Conditions #1 - #4 and amended #5 from revalidation on February 5, 1987) - 1) a 10 foot utility easement be provided over the water mains up to and including meters and hydrants; 2) a 40 foot drainage and utility easement be given along U.S.19; 3) a blanket access easement be provided over the property for access of City vehicles; 4) final design of parking beneath the buildings be approved by the Traffic Engineer; 5) the requisite initial building permits shall be procured no later than July 18, 1990, and all requisite certificates of occupancy shall be obtained no later than July 18, 1993; 6) the dumpster location must be revised to provide adequate access for sanitation trucks; 7) prior to certification of the amended site plan, the site plan shall be revised with (1) sufficient details for the Traffic Engineer to evaluate handicapped parking spaces, (2) required minimum 9 foot wide parking spaces in the garage, and (3) a redesign of the in-out flow through the gates into the garage as the current proposed location of the cardreader requires wrong way flow in order to reach it. These revisions will be subject to approval of the Traffic Engineer prior to certification of the plan; 8) revalidation has no effect on any impact fees now in force or subsequently enacted; 9) signs and fencing/walls are subject to separate review and permitting processes; 10) in order to evaluate the traffic statement regarding flex time. additional information regarding current occupancy of the buildings in the form of a breakdown of tenants by type of use and by numbers of employees for the existing and projected tenant mix must be provided by the applicant prior to certification of the amended site plan; 11) the applicant should provide a specific program for flextime, with realistic projections of the potential reductions in peak hour demand prior to certification of the amended site plan; 12) the number of preferential parking spaces should be provided by the applicant to the city prior to certification of the amended site plan; 13) the applicant should provide the specifications of the car/van pool program prior to certification of the amended site plan; and 14) the applicant should commit to participate in a Transportation Management Organization (TMO) under the Bayside Council of the Chamber of Commerce or an appropriate organization, by contributing a pro-rated share based on square footage of all development in the TMO. Receipt & Referral - Received and Referred. ITEM #31 - Amendment to Sec. 135.134 to allow Television and Radio Broadcast Studios as Permitted Uses in the Commercial Center District, LDCA 90-01 (PLD) ITEM #32 - Ordinance 4912-90 Revisions to Sec. 146 of the Clearwater Code relating to Flood Protection (PLD) Commissioner Regulski moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #33 - (Continued from 1/4/90) - First Reading Ordinance #4886-90 - relating to fire alarms and security alarms (PD) The Police, Fire, Building, and Legal Departments, assisted by the City Manager's office, developed this ordinance. The City Manager indicated a great deal of discussion and input had gone into the preparation of this ordinance and he felt all concerns had been addressed. He said the police will continue to respond to alarms and he indicated this ordinance is intended to create a mechanism for installing better alarm systems. He said that approximately 94 percent of all security alarms responded to are false, resulting in a significant drain on manpower. It was noted the homeowners' associations, the Chamber of Commerce, and the community helped in putting this ordinance together. It was indicated the ordinance should be self-supporting and the monies collected are service charges not fines. Commissioner Regulski moved to authorize funding for implementation of Ordinance #4886-90 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4886-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4886-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #34 - Resolution #90-01 - Assessing property owners the costs of mowing or clearing owners' lots. Commissioner Winner moved to pass and adopt Resolution #90-01 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Other City Attorney Items - none. XIV - City Manager Verbal Reports - none. XV - Other Commission Action - none. XVI - Adjournment The meeting adjourned at 8:43 p.m.