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03/07/1991 CITY COMMISSION MEETING March 7, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 7, 1991 at 6:03 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Also present: Michael J. Wright 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 Reverend Alan Gaylord of the Skycrest 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. No service pins were awarded to City employees. IV - Introductions and Awards. Proclamation - Women's History Month 3/91. The Mayor acknowledged two members of Scout Troop #84 who were attending the meeting. V - Presentations - none. VI - Minutes of the Regular Meeting of February 21, 1991 & Special Meeting of 2/19/91. Commissioner Regulski moved to approve the minutes of the regular meeting of February 21, 1991, as corrected by the Clerk, and special meeting of February 19, 1991, 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. Bob Cline, representative of The Chamber of Commerce announced Phillies Spring Training opening day activities. He thanked the City Commission for its help. Frank Mitchell complained regarding the occupational license category to which his business was being assigned. He was directed to work with Planning staff regarding this. VIII - PUBLIC HEARINGS ITEM #9 - (Cont. from 2/7/91) Variances to the Sign Regulations; located at 25191 US19N, Sec. 32-28-16, M&Bs 32.08 & 32.10, zoned CH (Dimmitt Cadillac, SV91-02)(PLD) To be Cont. to 3/21/91 This item was continued from the February 7, 1991 Commission meeting to permit the applicant to modify the variance request. While the request has been modified, a scheduling conflict with the applicant's counsel has prompted a second request for continuance -- until the March 21, 1991 Commission meeting. Commissioner Nunamaker moved to continue this item for readvertising. The motion was duly seconded and carried unanimously. ITEM #10 - Variances to the Sign Regulations; (Target Store) located at 21680 US19N, Clearwater Collection First Replat, Lot 4 (Dayton Hudson Corp. SV91-05)(PLD) It has been discovered the advertisement for the variance is in error. Therefore, staff is requesting the item be continued. Commissioner Fitzgerald moved to continue this item to be readvertised. The motion was duly seconded and carried unanimously. ITEM #11 - Alcoholic Beverage Distance Separation Variance for property (Sea Breeze Grill) located at 101 Gulfview Blvd., Columbia Sub., Blk A, Lot 1 and Lloyd-White-Skinner Sub., Lots 44-47 and Lots 90-97 (Markopoulos AB91-05)(PLD) The applicant is requesting an alcoholic beverage separation distance variance for a new 4-COP-S alcoholic beverage license designation which permits on premise consumption and package sales of beer, wine and liquor. This license designation is issued to establishments with a minimum of 50 hotel/motel rooms. The name of the proposed establishment located within the Days Inn hotel/motel is "Sea Breeze Grill". The proposed 4-COP-S facility is located in an existing restaurant; there is no additional parking requirement for a 4-COP-S use beyond that required for a restaurant. It should be noted that the site of this existing restaurant is that of the previous Britt's Restaurant. Britt's occupied this location from April, 1986 until December 31, 1989. The existing restaurant received its occupational license on December 6, 1990, thereby maintaining its nonconforming status with regard to parking. At its meeting of February 19, 1991 the Planning and Zoning Board approved the request subject to the following conditions: 1) applicant must procure requisite building permit within six months of the Planning and Zoning Board public hearing; 2) applicant shall obtain the required alcoholic beverage minimum distance separation variance from the City Commission; 3) the hours of operation for the restaurant shall be from 7:00 a.m. until 1:00 a.m., except where prohibited by City or State regulations (i.e., Sunday alcoholic beverage sales regulations) and the kitchen shall remain open to within one hour of closing; 4) the seating capacity shall not exceed 90 indoor seats and 44 outdoor seats; 5) all applicable health and other regulations shall be met for the outdoor seating; and 6) the conditional use permit shall be for on premise consumption only, with no package sales, with the exception of room service. Concern had been expressed at the worksession regarding the need to clearly mark the right-of-way over which service of alcoholic beverages could not take place. Jim Polatty, Planning and Development Director, indicated the right-of-way is at the edge of the sidewalk and staff does not feel additional demarkation is needed. Bruce Harland, attorney representing the applicant, stated they have erected concrete planters along the boundary and if needed, a rope or chain can be placed between them to prohibit coming and going across the right-of-way. Questions were raised regarding what had been approved regarding number of outdoor seats and hours of operation by the Planning and Zoning Board. It was reported they approved all 44 outdoor seats and hours of operation from 7:00 a.m. to 1:00 a.m. Commissioner Regulski moved to approve a variance of 300 feet to allow alcoholic beverage sales within 0 feet from a residential (CR-28) zoning district. The motion was duly seconded and upon the vote being taken: Commissioners Regulski, Nunamaker, Fitzgerald and Mayor Garvey voted "Aye", Commissioner Berfield voted "Nay", motion carried. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #5073-91 - Land Use Plan Amendment to Commercial/Tourist Facilities for property located on S side of Sunset Point Rd., approx. 350' W of Hercules Ave., Pinellas Groves Sub., part of Lots 1 & 2 (Sauder LUP90-18) The City Attorney presented Ordinance #5073-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5073-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ord. #5074-91 - Neighborhood Commercial Zoning for property located on S side of Sunset Point Rd., approx. 350' W of Hercules Ave., Pinellas Groves Sub., part of Lots 1 & 2 (Sauder A90-13) The City Attorney presented Ordinance #5074-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5074-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ord. #5075-91 - Annexing property on S side of Sunset Point Rd., approx. 350' W of Hercules Ave., Pinellas Groves Sub., part of Lots 1 & 2 (Sauder A90-13) Jim Polatty reported a condition of the Annexation Agreement for this property was that a Certificate of Occupancy was to be obtained prior to completion of the annexation. He indicated while the certificate has not yet been issued, it was expected to be within the next two days. The City Attorney indicated the ordinance would not be executed until the Certificate of Occupancy is issued. The City Attorney presented Ordinance #5075-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5075-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ord. #5080-91 - Relating to utilities; amending Sec. 50.05 regarding charges and fees for backflow prevention devices; amending Sec. 52.015 regarding definitions for detector check valves The City Attorney presented Ordinance #5080-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5080-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ord. #5081-91 - First quarter operating budget amendments The City Attorney presented Ordinance #5081-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5081-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Ord. #5082-91 - First quarter capital improvement program budget amendments The City Attorney presented Ordinance #5082-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5082-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #18 - Ord. #5083-91 - Vacating 15' North-South alley lying along the W 15' of the original boundary of Lots A & B, Bergens Replat (Salvation Army V90-14) The City Attorney presented Ordinance #5083-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5083-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #19a. - Ord. #5084-91 - Vacating 16' East-West alley lying N of Lot B, Bergens Replat and easterly 1/3 of Lot 2 and westerly 1/3 of Lot 3, Jones' Sub. of Nicholson's Addn. to Clearwater Harbor, Blk 2 (Salvation Army V90-14) The approval of this vacation is contingent upon the Salvation Army providing a public access easement over its parking lot. As this has not been obtained, it was requested this ordinance be continued. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of March 21, 1991. The motion was duly seconded and carried unanimously. ITEM #19b. - Acceptance of deed for public access easement over parking lot, Salvation Army facility on N Ft. Harrison No action taken. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #20-37) - Approved as submitted less Item #34. Agreements - Approved. ITEM #20 - Lease Agreement for marina building room #4 to Bruce Littler, Inc., a Florida Realty Corporation for a 5 year period for $12,000.00 (MR) Leases - Approved. ITEM #21 - (Cont. from 2/21/91) Lease with Suncoast Aviation, Inc., to be the Fixed Base Operator at the Clearwater Airpark (CM) Bids & Contracts - Awarded. ITEM #22 - Contract to purchase Unisys and other computer hardware from National Data Products, Inc., Clearwater, FL, for an estimated cost of $106,482.25 and authorize lease/purchase of $66,776.63 of hardware through AT&T Credit Corp., and the cash purchase of $39,705.62 of hardware and cash purchase of appropriate software from same at an estimated cost of $14,154.00 (AS) ITEM #23 - Contract to purchase one 1991 Ford Mustang Police Patrol vehicle to Don Reid Ford, Inc., Maitland, FL, for $12,938.00 (GS) ITEM #24 - Contract to purchase eleven 1991 Chevrolet Caprice Police Patrol vehicles to Jerry Hamm Chevrolet, Jacksonville, FL, for $146,795.00 (ten vehicles to be lease-purchased under City's agreement with AT&T Credit Corp)(GS) ITEM #25 - Contract for Security Guard Service, at the Garden Avenue Parking Garage, to Janus Security Services, Inc., Tampa, FL, at a cost of $6.50 per hour (PW) ITEM #26 - Water Main Replacement Contract - Phase VII to All American Concrete, Inc., St. Petersburg, FL, for $724,657.05 (PW) ITEM #27 - Purchase of Lot 14, Blk 1, Moase and Harrison's Sub. of Lot 7 of R. H. Padgett's Sub., owned by Myrtle L. Jones for a total price of $35,000.00 (PW) ITEM #28 - 1991 Subdrain Contract to Suncoast Excavating, Inc., Ozona, FL, for $139,710.00 (PW) ITEM #29 - 1991 Insituform Reliner Contract to Insituform Southeast, Inc., Jacksonville, FL, for $1,051,550.00 (PW) Citizens & Staff Requests - Approved less #34. ITEM #30 - Revisions to Relocation Policy (PLD) ITEM #31 - Memorandum of agreement to permit Federal Funds to be released for the Infill Housing Program (PLD) ITEM #32 - (Cont. from 2/7/91 & 2/21/91) First Reading Ord. #5076-91 - Relating to the building code; amending Sec. 138.07 to revise schedule of permit fees and charges; amending Sec. 138.071 to revise definition of "combination permit"; amending Sec. 138.10 regarding filing fees for appeals; amending Secs. 112.1(A) and 2204.2 of Standard Building Code and Sec. 110(B) of Standard Mechanical Code re: filing fees for appeals and fee for house moving permit (PLD) Cont. to 3/21/91 ITEM #33 - Approval of payment of Thompson, Sizemore & Gonzalez invoice in the amount of $25,000 for lobbying services regarding age discrimination in employee benefit plans ITEM #34 - See page 8 Plans & Plats - Approved. ITEM #35 - Preliminary Site Plan for Clearwater Christian College located on the N side of Courtney Campbell Causeway, approx. 2,000 ft. E of Bayshore Blvd., 3400 Gulf to Bay Blvd. (PSP88-14B)(PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the final plan should show signage for one-way vehicular circulation; 2) a Unity of Title shall be recorded prior to certification of the site plan; 3) prior to DRC consideration, the applicant shall field stake the construction envelope to enable adequate Environmental Management review; 4) any required setbacks or other requirements related to Bald Eagle protection shall be met; 5) a structural setback/buffer of 25 feet must be provided between the AL/C and any proposed structures including parking lots; 6) the site plan must clearly indicate that the minimum 50 foot waterfront yard from Tampa Bay is being provided; and 7) the public easement across the site providing access to the properties to the north shall be clearly delineated on the site plan. CITY ATTORNEY Agreements, Deeds & Easements - Approved. ITEM #36 - Warranty Deed - right-of-way for Osceola Ave. (Church of Scientology) ITEM #37 - Drainage and utility easement - S 25' of parcel in Gov't Lot 4, Sec. 9-29-15 (Church of Scientology) Commissioner Berfield moved to approve the Consent Agenda as submitted less Item #34 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Resolution #91-7 - Gift of Clearwater Sun newspaper morgue to City of Clearwater Public Library The City of Clearwater has been offered the morgue, or a collection of newspaper clippings and photographs of the former Clearwater Sun newspaper and the filing cabinets in which they are housed. This is a gift by Clearwater Newspapers, Inc. and its parent corporation, the Hearst Corporation. In order to officially accept this gift, the City must pass a resolution accepting the gift and authorizing execution of a letter of acceptance of the gift. In response to a question regarding the number of years of information provided in the morgue, the City Attorney indicated that newspaper clippings date back to the 1970's but earlier newspapers are microfilmed and the photographs date back to the 1950's. The City Attorney presented Resolution #91-7 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-7 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Contract for Stevenson's Creek Channel Improvements - Phase I to Scarborough Constructors, Inc., Palm Harbor, FL, for $1,231,207.50 (PW) This contract is the first phase of construction of a two phase project to improve the hydraulic efficiency and reduce flood water levels during major storm events in Stevenson's Creek from Betty Lane to Belleair Road. The project also includes features to improve maintenance of the creek, maintain water quality and enhance the environment. This first phase will address the creek from Betty Lane to Pierce Street and includes the removal of bottom sediment from Betty Lane to Palmetto Street, the replacement of bridges with box culverts at Palmetto Street and Cleveland Street, the placement of a sediment/removal trap just upstream of Palmetto Street, the construction of an environmental enhancement and mitigation area between the creek and the Clearwater Country Club driving range, channel lining using a fabric formed concrete revetment mat from Drew Street to Cleveland Street, and the lining of the channel bottom with reinforced concrete between existing retaining walls from Cleveland Street to Drew Street. All environmental regulatory permits have been received for this work. The project is scheduled to begin in April, 1991 and should be completed around December of 1991. Discussion ensued regarding the desire to minimize hardlining of the creek as much as possible. Concerns were expressed regarding the aesthetics of the project and it was stated it was felt that if obstacles were removed from the creek, some of the hardlining would not be necessary. Bill Baker, Public Works Director, indicated that without hardlining, the creek bed would have to be widened which would cost substantially more than the current project. He also indicated that just removing obstacles from the creek would result in washouts further downstream. A suggestion was made that retention ponds be considered and Mr. Baker indicated that in order to address the problems, 56 acres would be needed for retention ponds which would result in 263 homes having to be purchased. Charles King of W. K. Daugherty, Inc., consultant for the City on this project, indicated this has been studied for three years and there is no simplistic way to solve the problems. He stated the project will not be unsightly and half of the money is being spent on removing obstacles. He stated the project controls hydraulics by design and that while many openings will be made twice as big, that then requires some hardlining in order to accommodate the flow. He indicated the system has been designed for a 25 year 24 hour storm which would produce 9 inches of rain in a 24 hour period. Mike Foley spoke in opposition to the project stating it would adversely impact the creek. He alleged that staff has misinformed or not fully informed the Commission regarding the project. He stated the Environmental Advisory Committee's subcommittee on Stevenson's Creek will be doing an environmental survey. He requested that repair of the Court Street culvert be done as soon as possible. Mr. Foley indicated that a comprehensive watershed management plan was needed. Discussion ensued regarding that staff has not misinformed the Commission and that many of the allegations presented by the opposition have not been verified. Geraline Sturn, representing a company that owns apartments along Stevenson's Creek, requested information regarding proposals. Staff was directed to provide her with this information. Tom Burke, of Camp, Dresser & McKee, Engineer of Record for the City of Clearwater, indicated they have met with the Environmental Committee to discuss a more natural plan for the creek. However, he stated there is no consensus of what a natural plan will be. He will be walking the creek to assist with the environmental survey. Mr. Burke indicated that changes will be looked at for phase two. Mr. Baker indicated that all permits have been obtained for the project. In response to a question, he indicated that SWFWMD's monies to help in the project are still forthcoming to the City. He reiterated the positive aspects of the project indicating it will remove 10,000 tons of sediment, will install the sediment trap, wetlands are being replaced in a condition better than those existing and erosion will be reduced. He indicated the assignment had been to reduce flooding and they are attempting to use the best tools available while also taking into consideration cost/benefit ratios. It was requested efforts be made to enhance the aesthetics of the concrete. Commissioner Regulski moved to award the contract for Stevenson's Creek Channel Improvements - Phase I to Scarborough Constructors, Inc., for $1,231,207.50. The motion was duly seconded and carried unanimously. ITEM #39 - Parks & Recreation Board - 2 appointments (CM) Commissioner Regulski moved to appoint Charles Weaver . The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Allen Weatherilt. The motion was duly seconded and carried unanimously. ITEM #40 - Library Board - 1 appointment (CM) Commissioner Fitzgerald moved to appoint Joanne Laurenti. The motion was duly seconded and carried unanimously. ITEM #41 - Planning & Zoning Board - 1 appointment (CM) Commissioner Berfield moved to appoint Peter Ferguson. The motion was duly seconded and carried unanimously. ITEM #42 - North Greenwood Design Review Committee - 2 appointments (CM) Commissioner Regulski moved to reappoint Leon Russell and Thomas Hinson. The motion was duly seconded and carried unanimously. ITEM #43 - Community Relations Board - 1 appointment (CM) Commissioner Regulski moved to appoint James B. Murray, Jr. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #44 - Res. #91-5 - Requesting that water resource project funding levels be increased by Pinellas-Anclote River Basin Board of Southwest Florida Water Management District A concern was raised that approval of this would in effect be requesting an increase in taxes. More information was requested. Commissioner Fitzgerald moved to continue this item to the next regularly scheduled meeting of March 21, 1991. The motion was duly seconded and carried unanimously. ITEM #45 - Res. #91-6 - Authorizing execution of reciprocal agreement with State DOT for mutual waiver of all access permit fees The City Attorney presented Resolution #91-6 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-6 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items - none. XIV - City Manager Verbal Reports - none. XV - Other Commission Action Mayor Garvey reminded everyone regarding the opening of Spring Training. Commissioner Berfield requested the status of the traffic movement (cruising control) ordinance. The City Attorney reported the draft is being reviewed by several different parties. The City Manager indicated it would be at least thirty days before it is ready for Commission consideration. Commissioner Nunamaker requested the City take the initiative to encourage the County to better educate the public regarding the need to conserve water. Commissioner Fitzgerald reported the Mayor's Council has been informed that there is proposed state legislation that could be detrimental to the Cities' efforts in recycling. XVI - Adjournment The meeting adjourned at 8:07 p.m.