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04/04/1991 CITY COMMISSION MEETING April 4, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 4, 1991 at 6:01 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 Mac J. Williams of the Mt. Carmel Baptist 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. Three service pins were awarded to City employees. IV - Introductions and Awards. The Energy Hog Award was presented to the Memorial Civic Center. A Citation of Appreciation was presented to John B. Johnson for his service on the Planning and Zoning Board. Proclamation: Child Abuse Prevention Month - 4/91. V - Presentations. Ed Wright, representing the Clearwater Bombers, reviewed the contribution of the Bombers to the community. He requested continued funding by the City. VI - Minutes of the Regular Meeting of March 21, 1991 and Special Meeting of March 18, 1991. Commissioner Regulski moved to approve the minutes of the regular meeting of March 21, 1991, and the special meeting of March 18, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to rescind the action taken at the March 21, 1991 meeting to approve the minutes of March 7, 1991. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to amend the minutes of March 7, 1991 by amending the vote on Item #11 to indicate a four to one vote with Berfield voting "Nay". The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Gabe Cazares expressed concern regarding Scientologists and their activities in Clearwater. Ed Mazur thanked the City Commission for their support regarding the MIA issue. He presented proclamations and Resolutions adopted by other Cities and Counties in support of Clearwater's efforts. VIII - PUBLIC HEARINGS ITEM #9 - (Cont. from 3/21/91) Public Hearing & First Reading Ords. #5068-91 & #5069-91 - Land Use Plan Amendment to Industrial and IL Zoning for a parcel located on the S side of Lakeview Rd., between the Seaboard Coastline Railroad and the S. Myrtle Ave. intersection, Lake Belleview Addn., Blk 2, Lots 17-27 (Rehm LUP90-21, Z90-09)(PLD) To be Cont. to 4/18/91 This item was continued from the March 21, 1991 Commission meeting in order to allow more information to be obtained concerning the Myrtle Avenue extension. Additional time is needed to complete the review of the Myrtle Avenue extension issue. There is also a title question which has arisen concerning the location of buildings on the property and on adjoining City-owned property. Commissioner Nunamaker moved to continue this item until the next regularly scheduled meeting of April 18, 1991. The motion was duly seconded and carried unanimously. ITEM #10 - (Cont. from 3/21/91) Public Hearing & First Reading Ordinance #5087-91 - LDCTA - regulations for hedges (PLD) To be Cont. Staff is requesting this item be continued to allow them to address the recommendations of the Development Code Adjustment Board. Commissioner Nunamaker moved to continue this item to April 18, 1991. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ordinance #5090-91 - LDCTA - relating to setbacks, standards for freestanding canopies (PLD) The Planning and Zoning Board unanimously recommended adoption of this amendment. The Development Code Adjustment Board recommended approval of the requirements for freestanding canopies and suggested the regulations for attached canopies that are permitted to extend over public rights-of-way be restricted only to those zoning districts which have no setback requirements from street rights-of-way (Urban Core, North Greenwood Commercial and Beach Commercial). Since this would result in a more restrictive code requirement, it is necessary to readvertise the ordinance. Commissioner Nunamaker moved to continue Ordinance #5090-91 to allow readvertisement for additional public hearings. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ordinance #5091-91 - LDCTA - providing two additional methods for determining maximum lot development of mixed uses (PLD) This amendment adds two formulas for determining allowable land use intensity for mixed use developments. These formulas do not change the existing means of calculating mixed use development intensity, but merely provide other methods of calculation. Commissioner Fitzgerald moved to approve this amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5091-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5091-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Public Hearing & First Reading Ordinance #5092-91 - LDCTA - to reduce the quorum of the Planning and Zoning Board and Development Code Adjustment Board, provide for continuances and providing two alternate members of the DCAB (PLD) To be Cont. to 4/18/91 The Planning and Zoning Board unanimously recommended approval of this amendment and suggested that the Development Code Adjustment Board consider increasing its membership to seven members. Staff anticipated considerable discussion by the Development Code Adjustment Board concerning the alternate member issue. Consequently, staff recommends a two week continuance to allow full inclusion of the Board's comments. Commissioner Nunamaker moved to continue this item until the next regularly scheduled meeting of April 18, 1991. The motion was duly seconded and carried unanimously. ITEM #14 - Public Hearing & First Reading Ordinance #5093-91 - LDCTA - relating to Land Use Plan amendments, impact assessment requirements (PLD) This amendment would eliminate impact assessments when the applicant provides a request for a certificate of capacity specifying the extent of the anticipated development on the subject property. The impact assessment is actually an impact evaluation, and, since the certificate of capacity provides a similar method of evaluation, there is no need for both of these procedures to be followed. The intent of this amendment is to simplify the annexation process for properties which have a known anticipated impact. Commissioner Fitzgerald moved to approve this amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5093-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5093-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Public Hearing & First Reading Ordinance #5094-91 - LDCTA - to revise the interior landscape standards for parking lots and vehicular use areas; establishing soil treatment requirements for all required parking lot landscaping (PLD) This amendment establishes revised interior landscaping requirements for parking lots containing between 4,000 and 8,000 square feet. It also establishes soil treatment requirements for required landscaped areas. Commissioner Berfield moved to approve this amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5094-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5094-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - (Cont. from 3/21/91) Variance to the Sign Regulations; (Target Store) located at 21680 US19N, Clearwater Collection First Replat, Lot 4 (Dayton Hudson Corp. SV91-05)(PLD) This item was continued from the March 2, 1991 Commission meeting due to uncertainties about the conditions associated with the site relating to signage. Staff has found the following condition was established for the certified site plan (certified on 2/13/91): "On October 13, 1992, the shopping center shall be restricted to a total of two free standing signs on US19 and one on Drew Street". Since there was no mention as to whether these "free standing signs" are property or business identification signs, the wall signs relating to this request should not be affected by this condition. The applicant has amended the request to delete the increased business identification signage. The applicant has utilized its property identificaiton signage allowance to erect the previously requested "business identification" sign. That is, the "TARGET" sign is the allowed property identification sign and the Target "symbol" is the allowed business identification sign. The applicant is requesting a variance to permit one additional business identification sign (a 40 sq.ft. "Garden Store" sign) for a business establishment known as "Target", located on the east side of US19 on the north side of Drew Street. The proposed sign would be placed on the front (east side) of the building along US19. The applicant claims the conditions that exist relating to the property are unique due to the location of the retail establishment being a considerable distance from the public right-of-way restricting visibility and creating some difficulty for the general public to locate the subject property; he also claims that visual aid is necessary so as to help traffic flow onto and within the property. Over the last four years, the Development Code Adjustment Board has considered various requests for sign variances for business establishments at this same location. While the board generally allowed the installation of additional business identification signs, it usually did not permit increases in business identificaiton sign sizes. Staff performed research requested by the City Commission and found the proposed signage takes up about 2.7 percent of the area of the wall. From the standard of possible new regulations, the signage is likely not out of compliance. However, since the request is being reviewed under our current code, staff must find that the applicant has provided no evidence that an unnecessary hardship exists in trying to meet the sign requirements. Boyd Hippenstiel, of Heath Sign Company, representing Target Store reviewed the request stating the garden store has its own entrance. The sign is not needed for visability from US19 but rather for within the Center. He displayed pictures and drawings showing the signs and their location. Discussion ensued regarding the request. It was indicated that the property identification and business indentification signs could be 128 sq.ft. each. The existing signs are 125 sq.ft. and 30 sq.ft. The requested additional business identification sign would be 40 sq.ft. The total signage would be 195 sq.ft. which is less square footage than could be erected. It was stated that while the square footage would be less, the variance is for two business identification signs when only one is allowed. In response to a question it was indicated this issue would be addressed in a forthcoming amendment. Commissioner Berfield moved to approve the second business identification sign, such approval being conditioned on the signage for the building remaining as the existing 125 sq.ft. property identification sign, the 30 sq.ft. business identification sign and the additional 40 sq.ft. business identification sign. The motion was duly seconded and carried unanimously. ITEM #17 - Variances to Sign Regulations; for property located in Lokey Sub., Blk A, Lots 1 and 2 and Sever Park Sub., part of Lot 1 (Lokey Motor Co., Inc., SV91-07)(PLD) To be Cont. Lokey Motor Company, Inc. recently retained counsel to assist in its efforts to obtain their variances and counsel requests time to prepare for hearing and to meet with city staff. Commissioner Nunamaker moved to continue this request until the May 2, 1991 Commission meeting. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #18 - Ordinance #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 re: 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 Commissioner Regulski moved to amend Ordinance #5076-91, on page 7, amend Section 4 to read: This ordinance shall take effect May 6, 1991. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5076-91 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5076-91 as amended 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 #19 - (Cont. from 3/21/91) Ordinance #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) Commissioner Nunamaker moved to amend Ordinance #5084-91, 1) in the title, delete "A 16-FOOT" and substitute "THE" in lines 2 and 4; 2) in the legal description in Section 1, delete "a 16-foot" and substitute "the" in line 1. In line 5, delete "16-foot." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5084-91 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5084-91 as amended 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 #20 - (Cont. from 3/21/91) Ingress/Egress easement - over parking lot, Salvation Army facility on N. Ft. Harrison (Salvation Army) Commissioner Regulski moved to accept the easement. The motion was duly seconded and carried unanimously. ITEM #21 - Ordinance #5085-91 - Relating to LDC, guidelines for vested development rights The City Attorney presented Ordinance #5085-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5085-91 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 #22 - Ordinance #5086-91 - Relating to LDC, establishing public recreation grounds or parks as a permitted use, establish commercial and office uses associated with marina facilities and alcoholic beverage sales in conjunction with marina facilities as conditional uses The City Attorney presented Ordinance #5086-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5086-91 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 #23 - Ordinance #5088-91 - Relating to LDC, establishing accessory dwellings as a permitted use in the Limited Office and General Office Districts The City Attorney presented Ordinance #5088-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5088-91 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 #24 - Ordinance #5089-91 - Relating to LDC, allowing noncommercial semi-public and private recreation grounds or parks as a permitted use in the Open Space/Recreation Zoning District The City Attorney presented Ordinance #5089-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5089-91 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. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #25-38) - Approved as submitted. Bids & Contracts - Awarded. ITEM #25 - Contract for annual license and maintenance renewal for the Finance Division's Office Automation System to Honeywell HN Information Systems, Inc., for the period 5/1/91 thru 4/30/92 for an estimated cost of $14,895. (AS) ITEM #26 - Extension of contract for new and recap tire services with Don Olson Firestone, Clearwater, FL, for the period 4/1/91 to 3/31/92, at an estimated annual cost of $256,357. (GS) ITEM #27 - Contract for purchase of microwave test equipment for the 800 mHz Trunked Radio System to Hewlett Packard Co., Atlanta, GA, for $23,060. (GS) ITEM #28 - Contract for the purchase of two Bobcat skid loaders and one trailer to Phil Reed Equipment Co., Tampa, FL, total cost of $30,821.96; financing to be provided under the City's Master Lease/Purchase Agreement with AT&T Credit Corp.(GS) ITEM #29 - Contract for the purchase of five pre-leased 1990 vehicles to Hertz Car Sales, Tampa, FL, total cost of $49,364.; financing for $28,964. will be provided under the City's Master Lease Purchase Agreement with AT&T Credit Corp., the balance ($20,400.) will be a cash purchase (GS) ITEM #30 - Contract for roofing consulting services to Professional Service Industries, Inc., Clearwater, FL, for $20,750. (GS) ITEM #31 - Contract for the construction of the Sailing Center Building to Bandes Construction Co., Inc., for $315,333.; and approve the transfer of $16,298. from recreation facility impact fees into Capital Improvement Code 315-1-3278 (Sand Key Sailing Center) (PR) ITEM #32 - Purchase of Lot 10, R. H. Padgett's Sub. of original Lot 5 from Albert L. Rogero, Jr. for a total price of $60,000. (PW) ITEM #33 - Contract for Forest Wood Estates Drainage Improvements to Suncoast Excavating, Inc., Ozona, FL, for $95,135. (PW) ITEM #34 - Contract for purchase of a Minolta RP606Z Universal Microfilm Reader/Printer to Shell Office Systems, Tampa, FL, for $12,659. (CLK) Citizens & Staff Requests - Approved. ITEM #35 - Request from Clearwater Festivals, Inc. to waive City fees and charges for six 1991 SUN N' FUN Festival Events and grant permission to Clearwater Festivals, Inc. to authorize all festival vendors (PR) ITEM #36 - (Cont. from 3/21/91) Status of The Long Center (formerly the Center Foundation)(CM) Continued ITEM #37 - Approve subordination agreement for the benefit of the Clearwater Housing Authority, subordinating $100,000 mortgage for Levison Center to a $84,000 loan from Barnett Bank Receipt & Referral - Received and Referred. ITEM #38 - LDCTA to permit noncommercial parking lots as conditional uses in the OG, CN, CNG, CG, CH and IL zoning districts (PLD) Commissioner Fitzgerald 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 #39 - Historic Preservation Board - 3 appointments (CLK) Commissioner Nunamaker moved to reappoint Michael Sanders. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to continue the other two appointments. The motion was duly seconded and carried unanimously. ITEM #40 - Parks and Recreation Board - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Charles Wood. The motion was duly seconded and carried unanimously. ITEM #41 - Contract for modifications to Rockaway Pier to the Hendry Corporation for $292,800.00 This project will rebuild the Rockaway Pier located near 534 Mandalay Avenue. This project also provides for an attractive repair to the old existing groin slabs beneath the pier which were a part of the original pier on this site. It is believed that these groin slabs helped trap the sand which formed the existing beach. They continue to protect the beach from potential erosion and, therefore, should be left in place. The groin slabs will be cut off to a normal seating level and fitted with a board seat. William C. Baker, Public Works Director, indicated when the bid came in at $292,800 the Commission directed consideration of a scaled down project. This has been done, however, this contract must be approved in order to implement the Change Order which is the next item. Commissioner Nunamaker moved to award the contract. The motion was duly seconded and carried unanimously. ITEM #41a - C.O.#1 to the contract with the Hendry Corp. for modifications to the Rockaway Pier Contract, decreasing the contract amount by $172,000 to the new total of $120,800 The original proposal for this project was to rebuild the Rockaway Pier. The old existing groin slabs underneath the entire length of the pier, were to be cut off to a normal seating level and fitted with a board seat. Temporary fencing of the entire project area was included in the contract. The low bid, submitted by the Hendry Corporation, was $292,800.00. After careful consideration by the City Commission, staff was directed to develop a scaled-down version of the pier project. This Change Order seeks to provide a revised scaled-down version of the pier project. The modified project proposes to remove the deteriorated portion of the pier, while retaining the structurally-sound portion as an observation platform. The groin repair will be the same as proposed in the original contract, with the exception that the few groin piles remaining in the surf will be removed as required by the Department of Natural Resources. The same temporary safety fencing and lighting will be required for the scaled-down version as would have been required for the original project. In response to a question, it was indicated this project should not disturb the Beach that has accreted in this area. Commissioner Nunamaker moved to approve C.O.#1 to the contract for modifications to Rockaway Pier with the Hendry Corp. for a new contract amount of $120,800. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Other City Attorney Items - None. XIII - City Manager Verbal Reports ITEM #42 - Legislative Update Elizabeth Deptula, Assistant City Manager, reported on the status of several bills including the billboard and impact fee legislation. She indicated letters regarding the City's position have been sent to legislators. She reported no action has been taken on the Coastal Zone bill and that the impact of Election bills is not clear. It was indicated that if enough people press for it, the billboard legislation may come under the mandate classification. XIV - Other Commission Action Commissioner Berfield requested continued enforcement of the Noise Ordinance after Spring Break. Commissioner Nunamaker encouraged enforcement of all codes. XV - Adjournment The meeting adjourned at 7:28 p.m.