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10/03/1991 CITY COMMISSION MEETING October 3, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 3, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Absent: Lee Regulski 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 Pastor Albert Keyser of St. Paul's Luthern Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards. Three service pins were awarded to City employees. ITEM #4 - Introductions and Awards. Proclamations: Fire Prevention Week 10/6-12/91. Local Cable Programming Week 10/6-23/91. Lupus Awareness Month 10/91. Spinal Health Month 10/91. ITEM #5 - Presentations Four City Employees were presented Employee Suggestion Awards for their suggestions which resulted in cost savings, safety enhancement or improved procedures. ITEM #6 - Minutes of the Regular Meeting of September 19, 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of September 19, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda. Anne Garris requested response to the Clearwater Beach Task Force Recommendations be given a higher priority. The City Manager reported on the steps already taken and plans to address others. Bob Clark alleged repairs to brakes on PSTA buses were not being done properly. The Mayor indicated she would bring this to PSTA's attention. Commissioner Nunamaker clarified that the Halloween Festival was being held in conjunction with the Breakfast Sertoma Club, not the Evening Sertoma Club. PUBLIC HEARINGS ITEM #8 - Alcoholic Beverage Separation Distance Variance for property (Park Place Billiard Club) located at 420 Park Place Blvd., Suite 700, Sec. 17-29-16, M&Bs 23.013, 23.11, 24.04 & 24.06 (Metropolitan Life Ins. Co. AB91-18)(PLD) The variance is being requested because this establishment will be adjacent to an establishment that is similarly licensed. The applicant received a conditional use authorization from the Planning and Zoning Board on September 17, 1991, for on-premise sale of alcoholic beverages subject to the following conditions: 1) The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission; 2) Sale of alcoholic beverages shall be restricted to sales for on premises consumption; and 3) All required licenses shall be obtained by the applicant within six months of this public hearing. Gregory Serio, General Manager, stated this will be an upscale billiard club. He reviewed some of the planned activities. A question was raised regarding alcoholic beverages being served during proposed junior league play. It was stated alcoholic beverages would not be sold during this time. Commissioner Nunamaker moved to approve a variance for the subject property of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #9 - Alcoholic Beverage Separation Distance Variance for property (Norton's Cafe) located at 2508A & 2508B McMullen-Booth Rd., Sec. 28-28-16, M&B 33.02 (John Hancock Mutual Life Ins. Co. AB91-19)(PLD) This variance is being requested because the new owners of the establishment propose to expand the facility and there are two similarly licensed establishments in this shopping center. The applicant received a conditional use approval for this site from the Planning and Zoning Board on September 17, 1991 for a business ownership change and expansion of an existing alcoholic beverage establishment subject to the following conditions: 1) The applicant shall obtain an alcoholic beverage distance separation variance from the City Commission prior to obtaining any building permits or certificates of occupancy; and 2) The requisite occupational license shall be obtained within six months of the date of this public hearing. Donna Coughlin, stated she and her father own the establishment and want to expand their dining capabilites. Commissioner Fitzgerald moved to approve a variance for the subject property of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Vacating the 27.5' north/south right-of-way lying along the W side of Lot 6, I.A. Mason Sub., together with the 30' east/west right-of-way lying along the S boundary of Lot 33, Palm Park Sub. (St. John Primitive Baptist Church V91-10)(PW) Review of this item has not been completed. Correct property ownership and the proper vacation techniques regarding the subdivision and adjoining metes and bounds property have not been fully determined. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of October 17, 1991. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ordinance #5127-91 - Recreation and Open Space Land Dedication Ordinance, amending Secs. 116.40, 116.45, 116.46 and 116.51 and creating new Sec. 116.395 which repeals Secs. 116.41 and 116.47 (PR) The Planning and Zoning Board reviewed this ordinance on October 1, 1991 and recommended approval. Primary changes allowed for in this ordinance include: 1) Inconsistencies regarding the use of funds are eliminated between the current ordinance and criteria in the City's Comprehensive Plan; 2) The current ordinance has two sections of "definitions" which will be repealed. In the subject ordinance, these "definitions" are collected in a new Section 116.395; and 3) Sections 116.40, 116.45, 116.46 and 116.51 are amended to revise the way in which impact fees received for "Recreation Facilities Land", "Recreation Facilities" and "Open Space Land" may be expended, making the code consistent with criteria in the Comprehensive Plan and allowing more flexibility in the use of these monies. Commissioner Nunamaker moved to approve the amendments to the Recreation and Open Space Land Dedication requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5127-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5127-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #5123-91 - Relating to nuisances; amending Secs. 95.05, 95.07 and 95.08 (lot clearing) The City Attorney presented Ordinance #5123-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5123-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #13 - Ordinance #5129-91 - Amending Sec. 72.15, relating to closing hours of alcoholic beverage establishments The City Attorney presented Ordinance #5129-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5129-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #14 - Ordinance #5130-91 - Annexing property located in Sec. 1-29-15, M&B 34.272 (Johnson, A91-09) The City Attorney presented Ordinance #5130-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5130-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #15 - Ordinance #5131-91 - Land Use Plan Amendment to Industrial for property annexed in Ordinance #5130-91 (Johnson, LUP91-10) The City Attorney presented Ordinance #5131-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5131-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #16 - Ordinance #5132-91 - IL Zoning for property annexed in Ordinance #5130-91 (Johnson, A91-09) The City Attorney presented Ordinance #5132-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5132-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #17 - Ordinance #5135-91 - Vacating 15' alley lying along W side of Lots 35-39 and E side of Lots 40-44, Court Square Subdivision (Pinellas County V91-09) The City Attorney presented Ordinance #5135-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5135-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-34) - Approved as submitted less Item #29. Agreements - Approved. ITEM #18 - Agreement with AT&T Credit Corp. to provide a $3.0 million line of credit to cover all planned lease purchase equipment acquisitions for fiscal 1992; and authorize all uncompleted acquisitions previously approved for financing under the agreement which expires 9/30/91 to be financed under the new agreement (AS) ITEM #19 - Natural Gas Service Agreement with Florida Gas Transmission Company converting 30% of the City's Firm Sales Gas allocation to Firm Transportation Service (GAS) ITEM #20 - Tri-Party Sanitary Sewer Service Agreement with City of Safety Harbor and Safety Harbor Commerce Center, Inc. (PW) ITEM #21 - Easement Agreement with FDNR for an easement for the East Advanced Pollution Control Facility, Outfall Pipe into Tampa Bay (PW) Bids & Contracts - Awarded. ITEM #22 - Contract for dry cleaning, laundry, and alteration service to North Hercules Cleaners, Clearwater, FL, for the period 10/15/91-10/14/92, at an estimated cost of $17,840 (AS) ITEM #23 - Purchase of 19 MLT Select Model Portable Radios and 4 Multi-Chargers for the City's 800 mHz Trunked Radio System to be used by the Marine Department from General Electric Co., Lynchburg, VA, at a total cost of $32,208 (GS) ITEM #24 - Purchase of 1 John Deere 3.0 Cubic Yard Wheel Loader for the Public Works Department from John Deere Industrial Equipment Co., Baltimore, MD, at a cost of $70,726; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #25 - Purchase of 1 trailer-mounted Hosethruster root control herbicide foam generating unit for the Public Works Department from Airrigation Engineering, Pleasanton, CA, at a cost of $26,400; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #26 - Purchase of 1 Xerox High Speed Duplicator from Xerox Corp., Tampa, FL, for $119,100; financing to be provided under the City's Master Lease Purchase Agreement with AT&T Credit Corp. (PIO) ITEM #27 - Purchase of the N 25' of Lot 13, revised map of R. H. Padgett's Subdivision of Original Lot 5 for $20,000 (Hettie L. Payne)(PW) Citizens & Staff Requests - Approved. ITEM #28 - Anti-Drug Abuse Grant from FDCA, Division of Emergency Management, Bureau of Public Safety Management in the amount of $47,000 for the period 10/1/91-9/30/92 (PD) ITEM #29 - See Below ITEM #30 - Utility Easement from Florida Power Corp. for the installation of a Force Main across Florida Power Right-of-Way in NE 1/4 of Sec. 31-28-16 (PW) ITEM #31 - Authorization to staff and Frank Blandford of Tourtelot Brothers, Inc., to proceed with the nomination of the City sludge disposal property for purchase by Hillsborough County under the County Environmental Lands Acquisition & Protection Program (ELAPP)(CM) ITEM #32 - Authorization to Prepare for the 3/10/92 Municipal Election and "piggyback" on the County Ballot (CLK) Receipt & Referral - Received and Referred. ITEM #33 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1167 East Drive, Clearwater Highlands Unit A, Blk A, Lot 2 (Lillian Lee A91-11, LUP91-12)(PLD) ITEM #34 - Zoning Atlas Amendment to Commercial Planned Development (CPD) for a parcel located on the NW corner of NE Coachman and US19 (Principle Mutual Life Ins.)(PLD) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item #29 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Waive City costs associated with the 1991 Turkey Trot, Wing Ding and Gobbler Events to be held on Thanksgiving Day, November 28, 1991 (PR) The City has been co-sponsoring the Turkey Trot each year since 1982 and City costs have always been waived. The City's in-kind cost last year was estimated at $4,951 for Police and Park Division services. However, as a separate item, the organizers of the event have always paid the City the 25 cents per participant fee which last year amounted to $2,140 for 8,560 participants. This fee will again be paid this year. Because of the strong recreational value of the Turkey Trot for entire families, the City's Recreation Division has always participated heavily and treats this activity as one of their own major events. A citizen expressed concern that individuals conducting runs indicating proceeds will go to a charitable organization need to be carefully investigated. It was indicated this run is co-sponsored by the St. Petersburg Times and the West Coast Runners' Club, a non-profit organization. If there are any proceeds, they go to the Runners' Club. Commissioner Nunamaker moved to waive city costs associated with the 1991 Turkey Trot, Wing Ding and Gobbler Events to be held on Thanksgiving Day, November 28, 1991. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - License Agreement to Marine Referral Systems, Inc., for either a three panel display or a two panel display to be placed in the Municipal Marina Building Lobby for a five year period (MR) Marine Referral Systems, Inc. wishes to provide advertising services to the City of Clearwater Marina and its patrons, guests and customers in the form of a wall mounted display. They will have the exclusive right to sell advertising on the display. The display will be either three or two panels. As compensation for granting the permission to mount the display in the municipal marina building lobby, they will pay the City either $7,500 (3 panel) or $5,000 (2 panel) the first year. The second year the payment will be increased by $3,000 (3 panel) or $2,000 (2 panel) provided 100% of board spaces are sold and paid for within 30 days of any anniversary date. Payments to the City will be made on the anniversary date of the installation. The City will pay for all electrical service to the display and for the monthly line charge for one local telephone line. Marine Referral Systems, Inc. will pay for the initial installation of the telephone line. The display will include a direct line connection to the marina office and a LED information readout which must include marine weather information. This LED unit will be programmed daily by marina personnel. It was stated the increased revenue in later years was agreed to in response to Commission questions raised at Worksession. In response to a question regarding the five year term, Bill Held, Harbormaster, indicated Marine Referral Systems, Inc. sells their ads based on five years and would not want to reduce the term. Commissioner Fitzgerald moved to approve the license agreement with Marine Referral Systems, Inc. for a five year period, with a payment of either $7,500 (3 panel) or $5,000 (2 panel) the first year and then the second year the payment increasing by $3,000 (3 panel) or $2,000 (2 panel) provided 100% of board spaces are sold and paid for within 30 days of any anniversary date. The motion was duly seconded and carried unanimously. ITEM #36 - Resolution #91-35 - Establishing revised fees for various Planning Services Division Review Services (PLD) Resolution #91-35 establishes revised fees for the review services offered by the Planning Services Division. Most of these fees have been revised slightly to reflect additional personnel costs. The typical increase for existing fees is approximately 5%. The increases are in keeping with the Commission's policy that such services are to be self-supporting through fees. Five new fees have been added to the fee schedule. First, under site plan review, a "Transfer of Development Rights fee" has been established, with separate fees for Transfer of Development Rights projects involving formal site plan review and those projects without such review. The second new fee is for "transfers of business ownership" involving alcoholic beverage conditional use permit requests. Because a conditional use permit has already been issued, staff review is primarily limited to Police Department review of the applicant's background and whether problems have occurred at the existing facility. The proposed fee reflects the staff cost of reviewing a typical transfer of ownership conditional use request, including Police staff reviews. The third new fee involves alcoholic beverage package sales requests for grocery and department stores and for gift shops which sell alcoholic beverages only as part of a gift set in which the alcoholic beverages represent less than 50% of the value of the gift set. Staff review time associated with these requests is minimal, so the fees should be set accordingly. The fourth new "fee" (there is actually no charge) is for "rehearing of variance or conditional use requests in which a "trial period" has been established" by an official City board or by the City Commission. Occasionally "trial periods" are established, particularly for alcoholic beverage uses, and it becomes necessary to rehear the original request. Since the applicant is not responsible for establishing this trial period, staff recommends there be no charge. The inclusion of this "fee" would establish a City policy of not charging for board-imposed trial period reviews. The fifth and final new fee is for variance and conditional use requests which are required after construction has begun or a use has been established not in compliance with the code. For these requests, a triple fee is established as a punitive measure. The City Attorney presented Resolution #91-35 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-35 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #37 - Marine Advisory Board - 1 appointment (CLK) Commissioner Berfield moved to reappoint James A. Ashbaugh. The motion was duly seconded and carried unanimously. ITEM #38 - Clearwater Housing Authority - 2 appointments (CLK) The Mayor recommended reappointment of Ernest Carson. Commissioner Berfield moved to reappoint Ernest L. Carson. The motion was duly seconded and carried unanimously. The Mayor indicated she desired more time before recommending for the second appointment. Commissioner Fitzgerald moved to continue the second appointment. The motion was duly seconded and carried unanimously. ITEM #39 - The Long Center Board of Directors - 2 appointments (CLK) It was stated the Board of Directors for the Long Center deals with marketing and selling programs, while the Board of Trustees for the Center Foundation raises funds for the endowment. Commissioner Berfield moved to appoint William Chisholm to serve a full term to expire September 30, 1994. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue the appointment to complete an unexpired term. The motion was duly seconded and carried unanimously. ITEM #40 - Cancellation of November 7, 1991 Commission Meeting The Florida League of Cities is holding its Legislative Conference in Tallahassee on November 7 and 8, 1991. As at least three Commission members are planning to attend, this conflicts with the regularly scheduled City Commission meeting on the 7th. It is recommended the November 7th meeting be canceled. The City Manager indicated a special meeting may be needed for downtown land acquisition. Commissioner Berfield moved to cancel the November 7, 1991 Commission meeting and the November 4, 1991 Worksession. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to tentatively set a Special Meeting for November 4, 1991 at 9:00 a.m. The motion was duly seconded and carried unanimously. Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #41 - Ordinance #5136-91 - Relating to municipal cemetery; amending Secs. 29.01-29.05 The City Attorney presented Ordinance #5136-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5136-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. Resolutions ITEM #42 - Resolution #91-40 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #91-40 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-40 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM: Center Foundation Board of Trustees - 1 appointment Commissioner Fitzgerald moved to appoint Peter Connell to complete an unexpired term until September 30, 1993. The motion was duly seconded and carried unanimously. Other City Attorney Items The City Attorney reported the quarterly litigation update had been distributed. City Manager Verbal Reports - None. Other Commission Action Mayor Garvey requested action regarding the Countywide Sign Ordinance be scheduled. Consensus to schedule for November 21, 1991. She requested Commission direction regarding the Gateway Childrens Center's request for the City to pay its Traffic Impact Fees. Consensus to schedule for discussion on October 17, 1991. She requested Commission direction regarding the Ft. Harrison Avenue lane reconfiguration in light of the City's Traffic Engineer, Peter Yauch's memo, recommending three lanes instead of four. It was requested this be scheduled for the next meeting with Mr. Yauch contacting the Old Clearwater Bay Association for input prior to the meeting. Commissioner Fitzgerald reported on the meeting of the Mayor's Council at which the Countywide Sign Ordinance was discussed. The Mayor's Council is encouraging the County Commission to at least follow through by implementing the ordinance in the unincorporated areas. Commission consensus was to send a letter to the County Commission supporting the Mayor's Council position. Commissioner Berfield requested the Commission take action to adopt the Clearwater Beach Task Force's recommended Theme and Tropical Seascape architectural design. Discussion ensued regarding the need for completed staff review prior to this action. It was stated the recommendations are being studied, they are not "on the back burner" and there is a need to communicate more with individuals involved regarding the steps the City has taken. Commissioner Berfield questioned if the City was eliminating attendant parking. The City Manager reported he will be bringing forward recommendations regarding attendant parking and other items at the October 17, 1991 meeting. The Mayor provided a report regarding the City Manager's recent evaluation. Adjournment The meeting adjourned at 7:19 p.m.