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10/04/1990 CITY COMMISSION MEETING October 4, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 4, 1990 at 6:00 p.m., with the following members present: Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue A. Berfield Commissioner Absent were: Rita Garvey Mayor/Commissioner William Nunamaker 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 Vice-Mayor called the meeting to order and led the Pledge of Allegiance. 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. Two service pins were awarded to City employees. IV - Introductions and Awards. Proclamations: A. Fire Prevention Week - October 6 thru 12, 1990. B. Energy Awareness Month - October, 1990. C. Shriner's Hospital Benefit Days - October 5 and 6, 1990. V - Presentations - none. VI - Minutes of the Regular Meeting of September 20, 1990. Commissioner Regulski moved to approve the minutes of the regular meeting of September 20, 1990, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Barbara Steppe questioned why neighbors were invited to voice opinions regarding an increase in residents at a group home on Casler Avenue when the request was approved anyway. She indicated area residents had not been notified of this decision. The Planning & Development Director is to research the record. Louis Cottone of Capri Mobile Home Park complained regarding the continued code violations of the mobile home park code. It was indicated some are private matters between the owner and lot residents. Staff is to review this issue. Peter Caffentzis requested the Commission consider judgement, fiscal responsibility and leadership in their evaluation of the City Manager. Bob Bickerstaff expressed concern regarding the City's sanitation complex being located in the safety zone at the northwest end of the Clearwater Airpark. VIII - PUBLIC HEARINGS ITEM #9 - (Cont. from 9/20/90) Public Hearing & First Reading Ordinances #5017-90 & #5018-90 - Land Use Plan Amendment and Zoning Atlas Amendment from Low Density Residential and Multiple-Family Residential (RM-8), respectively, to Public/Semi-Public for two parcels (.4 acres) located in Belmont Second Addition, Blk C, Lots 1-4 and 8-10 (Woodlawn Church of God LUP90-13, Z90-04)(PLD) The church is making the request to permit the conversion of the residences into ancillary church uses. The church had originally applied for a conditional use permit on the subject parcels for noncommercial parking in a residential district. Further investigation into the church's ultimate expansion plans revealed that the existing single family residences were intended to eventually be converted into ancillary uses to the church (e.g., sunday schools, fellowship halls, etc.) Because the conditional use will not permit church uses on residentially zoned property, the owners were advised that requesting rezoning of the property to P/SP (Public/Semi-Public) would be the most appropriate way to make the anticipated use of the site conform to City regulations. It was further suggested that the residential parcel between the subject parcels be incorporated into the rezoning request; however, the church officials have not been able to either obtain the parcel or to convince the owner to join this request. The item was continued by the Commission on September 20, 1990 to allow these negotiations to develop. It was indicated the Church has a contract to purchase the intervening lots and staff requested this item be withdrawn to allow the Church to make a new application including these lots. Commissioner Regulski moved to withdraw this item. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #10 - Ordinance #5027-90 - Vacating 5' utility easement abutting the south property line of Lot 24, Windsor Woods Subdivision II, less the W 10' thereof (Recchia V90-09) The City Attorney presented Ordinance #5027-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5027-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #11 - Ordinance #5029-90 - Relating to road access management; declaring County Ordinance#90-13 in conflict with City ordinance The City Attorney presented Ordinance #5029-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5029-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #12 - Ordinance #5030-90 - Establishing additional guidelines for review of requests for transfers of development rights The City Attorney presented Ordinance #5030-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5030-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #13 - Ordinance #5031-90 - Requiring a vegetative buffer encompassing all land within 25' of the boundary of any property designated as Aquatic Lands-Interior (AL/I) or Aquatic Lands-Coastal (AL/C) The City Attorney presented Ordinance #5031-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5031-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #14 - Ordinance #5032-90 - Providing for the repair or reconstruction of nonconforming densities and intensities of use in structures located on barrier islands The City Attorney presented Ordinance #5032-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #5032-90 on page 1, delete Paragraph (1) and substitute the following: If the structure is damaged such that the cost of repair or reconstruction to its pre-damage condition is less than fifty (50) per cent of the market value of the structure before the damage occurred, the structure may be repaired or reconstructed in compliance with subsection (c) above, and shall not be subject to the requirements of chapter 146 relating to flood protection and on page 2, delete Paragraph (2) and substitute the following: If the structure is damaged such that the cost of reconstruction to its pre-damage condition equals or exceeds fifty (50) per cent of the market value of the structure before the damage occurred, the structure may be reconstructed in compliance with subsection (e) above. The project shall be subject to all applicable development regulations and building code requirements, including but not limited to the requirements of chapter 146, relating to flood protection, with the exception of density or intensity of use requirements. The motion was duly seconded and carried unanimously. Clarification was given that this amendment is intended to assure that any reconstruction or repair to buildings damaged less than 50 percent of the market value be reconstructed or repaired in the same footprint as the existing structure. Commissioner Regulski moved to pass and adopt Ordinance #5032-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #15 - Ordinance #5033-90 - Establishing criteria for determining whether a proposed conditional use is consistent with the community character of the properties surrounding the proposed use The City Attorney presented Ordinance #5033-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5033-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. A question was raised regarding whether or not the Planning and Zoning and the Development Code Adjustment Boards should now be considering the provisions of this ordinance and the City Attorney indicated it should be applicable. ITEM #16 - Ordinance #5034-90 - Relating to marinas and marina facilities The City Attorney presented Ordinance #5034-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5034-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #17 - Ordinance #5035-90 - Relating to public nuisances--excessive growth, debris, and outdoor storage The City Attorney presented Ordinance #5035-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5035-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #18 - Ordinance #5036-90 - Establishing landscaping standards for nonresidential and multi-family developments The City Attorney presented Ordinance #5036-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5036-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. It was indicated this ordinance would provide significant protection of open landscape areas. ITEM #19 - Ordinance #5037-90 - Adding "Neighborhood Utility Facilities" as conditional uses in each of the single-family and multiple-family residential districts and the mobile home park district The City Attorney presented Ordinance #5037-90 for second reading and read it by title only. Gus Schaefer of Florida Power Corporation expressed concern regarding the terms "neighborhood and community utility facilities" and recommended deleting from the ordinance Section 136.025(18.1)a. which reads "The facility shall provide service to one or more specific neighborhoods rather than to the community at large" and deleting from the definition Neighborhood utility facilities, Section 137.005, the words "to provide service to one or more specific neighborhoods rather than the community at large" and the word "transmission." James Polatty, Planning and Development Director, indicated the ordinance would have the same effect whether or not the above amendments were made. In response to a question, it was indicated scale, size and mass makes the distinction between a neighborhood and a community substation. Mr. Schaefer indicated the siting of a substation in a residential area causes concern regarding the type of facility and its appearance. Florida Power does not differentiate between neighborhood and community facilities. He indicated Florida Power is concerned with load and trying to meet those needs. Concern was expressed regarding Florida Power having to establish substations based on need and not compatibility with neighborhoods. It was requested this ordinance be continued to allow staff, Florida Power Corporation and the City Attorney to develop appropriate language to address the concerns. Commissioner Regulski moved to continue this ordinance until staff can come back with a substitute or clarification. The motion was duly seconded and carried unanimously. ITEM #20 - Ordinance #5038-90 - Relating to Historic Preservation The City Attorney presented Ordinance #5038-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5038-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #21 - Ordinance #5039-90 - Prohibiting the consideration of damage caused by a disaster as a hardship for the purpose of granting any variances necessary for post-disaster redevelopment (Denied from 9/20/90) Concern was expressed at the meeting of September 20, 1990 that this ordinance, as written, would prohibit any consideration of storm damage as a hardship for obtaining a variance for post-disaster redevelopment. Staff will be bringing back another amendment in the future. ITEM #22 - Ordinance #5040-90 - Relating to development requirements applicable to property adjacent to scenic corridors (Bayshore Blvd.) The City Attorney presented Ordinance #5040-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5040-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. ITEM #23 - Ordinance #5041-90 - Deleting the provision for transfers of development rights from the Open Space/Recreation District to Upland property At the September 20, 1990, City Commission meeting, staff requested this ordinance be continued as there were some concerns that, as drafted, enforcement could constitute a taking. The Commission continued this item to October 18, 1990 at the September 20 meeting. ITEM #24 - Ordinance #5042-90 - Vacating N 30' of 16' alley between Lots 1 & 2 of Revised Map of C.S. Hayden Est. Sub. (Osceola Inn V90-10) The City Attorney presented Ordinance #5042-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5042-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items#25-32) - Approved as submitted. Bids & Contracts - Awarded. ITEM #25 - Contract for purchase and installation of carpet to Towne Carpets, Clearwater, FL, for period 10/8/90 to 10/7/91 at an estimated cost of $33,250.00 (AS) ITEM #26 - Contract to provide architectural services for the Sailing Center Building on Sand Key to Fowler Associates Architects, Inc. for a single stipulated sum of $26,300.00 for basic services and a "not to exceed" sum of $16,150.00 for additional services as needed for a total of $42,450.00 (PR) ITEM #27 - Contract to purchase traffic control computer maintenance services from Concurrent Computer Corp., Neptune, NJ, for period 10/1/90 to 9/30/91 for $17,966.40 (PW) ITEM #28 - Contract for Coachman Ridge Park - Phase II (Tennis courts, handball courts and sidewalks) to Castco Construction, Inc., Largo, FL, for $121,292.50; and approve the transfer of $46,800.00 from Recreation Facility Impact fees to CIP Code 3242 (PW) ITEM #29 - One-year extension from 10/4/90 to 9/25/91 of existing annual contract to purchase backflow prevention devices from Hughes Supply, Inc., Clearwater, FL, for an estimated total amount $43,498.22 (PW) ITEM #30 - Contract for the Druid Road Subdrain Project to Suncoast Excavating, Inc., Ozona, FL, for $17,485.00 (PW) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #31 - Agreement with Humane Society of North Pinellas, Inc. for services rendered ITEM #32 - Quit Claim Deed for right-of-way for Pineland Dr. - Two tracts in Sec.3-29-15 (Rhoades) 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 - Modification to the RPD Site Plan for Fairwood Forest, Lot 109, located at 628 Fairwood Forest Drive (formerly known as Fairwood Townhouses or Fair Oaks), 11.7 acres (gross)(McKee PSP80-32)(PLD) The Planning and Development Director indicated this request would have a significant impact on the entire development and requested this item be withdrawn to allow notification of the entire development to obtain their input. Commissioner Regulski moved to withdraw this item. The motion was duly seconded and carried unanimously. ITEM #34 - (Cont. from 9/20/90) Resolution 90-41 - Increasing liability coverage for the City's Liquefied Petroleum License (PW) The State of Florida, by enacting Florida Statute 527.04, increased the bond coverage requirement for Liquefied Petroleum dealers from $100,000 to $300,000. The Clearwater Gas Company Bond (No. 923 90 00) is carried with The Fidelity and Deposit Company of Maryland. The annual premium for the $100,000 bond previously carried was $1,720. The new premium for $300,000 is $3,000. At their meeting of September 20, 1990, the City Commission inquired as to whether an irrevocable letter of credit or certificate of coverage from our self insurance fund would meet state insurance requirements. Staff was informed by the Florida Department of Insurance these insurance means would not meet their requirements for coverage. The only acceptable forms of coverage is an insurance policy or a surety bond. Commissioner Regulski moved to approve the increase in liability coverage for the City's liquified petroleum license. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #90-41 and read it by title only. Commissioner Regulski moved to adopt Resolution #90-41 approving an increase in the City of Clearwater's Liquefied Petroleum Bond from $100,000 to $300,000 as required by Florida Statute 527.04, authorizing the City Manager to sign the rider increasing the bond and authorizing payment of the annual bond premium in the amount of $3,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Clearwater Housing Authority - 1 appointment (CLK) Commissioner Regulski moved to approve the Mayor's reappointment of Howard Groth. The motion was duly seconded and carried unanimously. ITEM #36 - Marine Advisory Board - 1 appointment (CLK) Commissioner Berfield moved to reappoint Bruce Littler. The motion was duly seconded and carried unanimously. ITEM #37 - Beautification Committee - 1 appointment (CLK) Commissioner Regulski moved to appoint William M. Weller. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #38 - Res.#90-44 - Requesting Pinellas County to cancel and discharge tax liens upon municipal property acquired for public purposes and to grant tax exemptions The City Attorney presented Resolution #90-44 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #90-44. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Fitzgerald and Berfield. "Nays": None. Absent: Nunamaker and Garvey. XIII - Other City Attorney Items The City Attorney reported distribution had been made of the quarterly litigation update. He reported he would be sending the City Commission a copy of an article he had written concerning Noise Ordinances. In response to a question, he indicated the Solicitation Ordinance case is dormant and costs for same are nominal. XIV - City Manager Verbal Reports The City Manager reported the Marshall Street Advanced Wastewater Treatment Plant went on line October 1, 1990, with the remaining two plants to be on line March 1991. He distributed a Water Pipeline Emergency Fact Sheet and reported on the water restrictions imposed due to a break in a West Coast Regional Water Supply Authority pipeline which supplies Pinellas County and others. He reported information regarding the False Alarm Ordinance is available at the Police Department, the City Manager's Office or the Action Center. The City Manager announced at the end of tonight's meeting Vision Cable would show an educational tape on Amendment #3. The City Attorney requested people use common sense in protecting themselves from mosquito bites in light of the encephalitis situation. XV - Other Commission Action Commissioner Berfield questioned whether or not cuts to the Officer Friendly program are being considered as indicated in letters from citizens. The City Manager reported all programs are being reviewed in light of the tight budget but no action has been taken. She questioned the status of the Environmental Advisory Board. The City Clerk indicated it would be brought forward for appointments at the next meeting. Commissioner Berfield requested people show their support for American Troops in Saudi Arabia by tying yellow ribbons around trees or poles. XVI - Adjournment The meeting adjourned at 7:50 p.m.