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01/16/1992 CITY COMMISSION MEETING January 16, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 16, 1992 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager Richard Hull Assistant 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 Father James Rousakis of the Greek Orthodox Church of the Holy Trinity 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. Five service pins were awarded to City employees. ITEM #4 - Introductions and Awards. Dwayne Vaughan, Firefighter, was awarded the January 1992 Employee of the Month Award. ITEM #5 - Presentations a) Departmental Presentation - Computer Information Services Laura Chase, CIS Manager, reviewed the operations of the division. b) Water Tapping Champions Florida State Water Tapping Championship award was presented to the Clearwater Team. ITEM #6 - Minutes of the Regular Meetings of December 19, 1991 and January 2, 1992 and Special Meetings of August 5, 1991 and November 18, 1991 Commissioner Regulski moved to approve the minutes of the regular meetings of December 19, 1991 and January 2, 1992, and special meetings of August 5, 1991 and November 18, 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 - None. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ordinance #5163-92 - Vacating the westerly 1.5 feet of the easterly 10 foot utility easement lying along the east side of Lot 90, Willow Ridge Replat less the southerly 10 feet and northerly 5 feet (Iams V91-14)(PW) The applicant has a pool structure which encroaches approximately 1.3 feet into the easement and the decking encroaches another 3.3 feet. The applicant is requesting the Westerly 1.5 feet of the 10 foot easement be vacated. There are no objections by the City Departments concerned or the three utility companies. Commissioner Fitzgerald moved to approve the vacation of the Westerly 1.5 feet of the Easterly 10 foot Utility Easement lying along the East side of Lot 90, Replat of Willow Ridge Subdivision less the Southerly 10 feet and the Northerly 5 feet. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5163-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5163-92 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 #9 - (Cont. from 11/21/91) Alcoholic Beverage Distance Separation Variance for property located at 850 Bayway Blvd., Bayside Sub. No. 6, Unit A, Blk D, Lot 12 and Unit C, Blk D, Lots 13-15 (Resolution Trust Corp./Hollywood Federal Bank AB91-23)(PLD) To be Cont. to 2/6/92 The applicant has requested this item be continued until February 6, 1992. The Commission was advised action on this request must occur on February 6 or the request will be invalidated since the code specifically mandates Commission action occur within 90 days of first consideration. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of February 6, 1992. The motion was duly seconded and carried unanimously. ITEM #10 - Alcoholic Beverage Distance Separation Variance for property (Leone's Pizza and Italian Eatery) located at 2551 Drew St., Suite 107, Campus Walk Sub., Lot 2A (Levitt AB92-02)(PLD) The establishment is "Leone's Pizza and Italian Eatery" which has been in business under the current ownership since October 1, 1991. A minimum distance separation variance of 180 feet is required because the subject property is 120 feet from a RM16 (Multiple-Family Residential "Sixteen") District. The property is zoned CH (Highway Commercial District). The allowable seating capacity is 50 patrons as determined by the Fire Marshal. There are no additional parking requirements for this use beyond that required for Campus Walk Shopping Center. The proposed hours of operation are 10:00 a.m. to 10:00 p.m. daily. The applicant's request for a conditional use permit was approved by the Planning and Zoning Board at its December 17, 1991 meeting subject to four conditions: 1) The sales of alcoholic beverages shall be limited to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within six months from the date of this public hearing; 3) The applicant shall obtain approval from the City Commission for a variance of 180 feet to permit alcoholic beverage sales 120 feet from a residential zone; and 4) The sale of alcoholic beverages shall be prohibited after the hours of 10:00 p.m. The Traffic Engineer has no objections to this request and the police department indicates there has been no criminal activity in the past year. Robert Resch and Madeline Leone appeared in behalf of the application. In response to a question, Ms. Leone indicated there would be no take-out of alcoholic beverages. A question was raised regarding the ability to enforce the Planning and Zoning Board's condition that the establishment close at 10:00 p.m. every night. Ms. Leone and Mr. Resch indicated the Planning and Zoning Board had extended the hours to midnight on Friday and Saturday. Mr. Polatty indicated this is not what is reported in the agenda item. Staff is to research this to determine the condition imposed by the Planning and Zoning Board. There was general concern that the Planning and Zoning Board may be imposing hour restrictions in areas where it may not be necessary. Commissioner Regulski moved to approve a variance of 180 feet for the subject property to allow alcoholic beverage sales 120 feet from a residential zone. The motion was duly seconded and carried unanimously. ITEM #11 - Variances to Sign Regulations for property located at 2301 Sunset Point Rd., Sunset-Coachman Center, Tract A, (Great Western Bank/Hippenstiel SV92-03)(PLD) The applicant is requesting four variances to the city's sign regulations: 1) 42.3 sq.ft. property identification signage to permit a 66.3 sq.ft. pole sign; 2) 14 feet to permit a 20 foot high pole sign; 3) 40.5 sq.ft. business identification signage to permit 55.5 sq.ft. of such signage; and 4) one business identification sign to permit two such signs. The variances are sought to permit the applicant to use the existing pole (property identification) sign structure facing Sunset Point Road which is larger and taller than allowed by code and to allow a second business identification (wall) sign facing Old Coachman Road that is larger in area than allowed by code. The applicant's property is located at the southeast corner of Sunset Point Road and Old Coachman Road and is zoned Limited Office. It fronts on Old Coachman and also on Sunset Point, a major thoroughfare. The applicant is the new occupant of the property. The permitted signage for a freestanding business in an OL district is: 1) one business identification sign with a surface area of 15 square feet; and 2) one property identification sign with a maximum surface area of 24 square feet for a pole sign and 48 square feet for an attached (wall) sign. The maximum allowable height of a pole sign is six feet. The property does not front on two major thoroughfares as designated on the thoroughfare plan, and is therefore entitled to only one property identification and one business identification sign. Regarding the applicant's proposed pole sign, the existing pole sign structure is proposed to be retained. The applicant states that meeting code requirements creates a disadvantage with competitors who are permitted 20 foot high signs with surface areas of 56 square feet or larger depending on the zoning district in which they are located. The proposed Countywide Sign Regulations permit a maximum height of 12 feet and surface area of 50 square feet for freestanding signs in Office Districts. The applicant's property appears to have been zoned OL due to its proximity to residential districts on the south and west of the property. Staff recommends only to consider the sign height variance request. The 20 foot height proposed by the applicant is too high, but a 12 foot sign height, given the proximity of other zoning districts which allow a 20 foot tall sign appears reasonable. If the Commission is agreeable, staff would propose a 12 foot maximum height for freestanding signs in the OL district, bringing that district into conformity with the sign regulations of other nonresidential zones. Staff would recommend no increase in the area allowed for such pole signs, so the sign would be a maximum of 24 square feet in area. Regarding the applicant's proposed additional business identification (wall) sign, although Old Coachman is not designated as a major thoroughfare, it does serve as an arterial route to and from the shopping districts and the junior college campus to the south. It is reasonable for the applicant to desire adequate business signage facing Old Coachman Road in order to advertise his establishment to the traffic traversing this road. If an additional property identification sign was allowed, this sign could be a wall sign of 48 square feet in area. If a variance is granted to allow an additional business identification sign, the maximum size should be 48 square feet. This variance, if granted, is to extend past the October 13, 1992 amortization period. Jim Polatty, Planning and Development Director, indicated he did not agree with the applicant's reasons for the variance and recommends only the granting of a 12 foot high pole sign. Boyd Hippenstiel, representing the applicant, stated he wished to clarify that they are only requesting to replace existing signs with similar signs. He distributed photographs of the property. He stated there are mixed uses in the area and this OL zoned property is the only establishment with two street frontages. He indicated their request would allow them to have signs the same size as other banks in Clearwater. One citizen spoke regarding the request indicating the signs are not intrusive to the neighborhood however, alot of signage is not needed in this area and he would like to see it stay that way. Discussion ensued regarding the fact that the side of the street on which Great Western Bank is located is open with a pleasant view and as there are few signs, large signs are not needed in order to identify the properties. In response to a question, it was indicated the timeframe for four laning of Sunset Point Road was not known. It was also reported the existing height of the sign is 20 feet. Commissioner Nunamaker moved to deny the variance requests for 42.3 sq.ft. property identification signage; 40.5 sq.ft. business identification signage and an additional business identification sign and approve a variance of 6 feet to permit property identification (pole) sign height of 12 feet, subject to the requisite sign permits being obtained within six months of the date of this public hearing and other than the exception made in the approval of this variance, all signage on the property shall be brought into compliance with city codes by October 13, 1992. The motion was duly seconded and carried unanimously. ITEM #12 - (Cont. from 1/2/92) Public Hearing & First Reading Ordinance #5157-92 - code amendment adopting the 1991 Standard Housing Code; applying the provisions of Sec. 308 to hotels, motels, dormitories and lodging houses (PLD) The Code of Ordinances currently adopts the 1979 Standard Housing Code, which is not the most recent edition. Ordinance #5157-92 proposes to amend the Code to adopt the most recent edition, the 1991 Standard Housing Code. In addition, the ordinance proposes to apply the provisions of Section 308 of the Standard Housing Code to hotels, motels, dormitories and lodging houses. Staff intends to bring forward amendments to the Housing Code under a separate ordinance in the near future to change the administrative process for the housing inspection program. The City Commission, in continuing this item from January 2, 1991, desired additional information concerning the types and extent of the changes in moving from the 1979 Standard Housing Code to the 1991 version. A listing of the changes has been provided to the Commission. It should be noted that several of the changes will result in reduced costs for property owners. When an inspection determines that housing code violations exist, the City makes available several forms of assistance to repair the home. The City provides interest free deferred payment loans for qualified low income owner/occupants of deteriorated housing. These loans do not need to be repaid until the owner dies or vacates the residence. For higher income owners, the Challenge 2000 program provides bank loans at favorable interest rates. Under certain conditions, owner occupants whose housing is beyond repair can have a new home built on their lot with low interest financing. Renters of substandard housing who must vacate due to government action are given preference for housing authority assistance. Owners of rental property can participate in a rental housing rehabilitation program which can provide up to 50% of the cost of needed repairs. A citizen questioned whether or not the ordinance would require smoke detectors in all homes and residences, if so, whether or not this was a mandate from the State and what authority there would be for inspections regarding this. In response to these questions, it was indicated the smoke detectors would be required in all homes and residences. This is the result, not of State mandate, but rather for safety reasons it is now a part of the model code of the Southern Standard Building Congress. A high percentage of jurisdictions in Florida have adopted this code. It was reported there will be no door to door inspections of residences and inspectors are only allowed to go inside to inspect a residence when the occupant allows the inspector to do so. It was stated the lack of smoke detectors would most likely be noted only when inspections for more serious infractions are being done. Commissioner Regulski moved to approve the amendment adopting the 1991 Standard Housing Code and applying the provisions of Section 308 of the Standard Housing Code to hotels, motels, dormitories and lodging houses. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5157-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5157-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #13-26) - Approved as submitted. Agreements - Approved. ITEM #13 - Highway Landscaping Memorandum of Agreement with FDOT to allow the city to install and improve the landscaping on the Court Street Medians between Hillcrest and Madison Avenues ($32,000)(PR) Citizens & Staff Requests - Approved. ITEM #14 - Reject settlement offer in Roger Brennan v. City of Clearwater (CM) ITEM #15 - Authorize appeal in Dimmitt v. City of Clearwater Bids & Contracts - Awarded. ITEM #16 - Purchase of 1 Labrie Long Body Recycling Collection Vehicle from Ray Pace's Waste Equipment, Inc., Tampa, FL, at a total cost of $91,113 (PW) ITEM #17 - Purchase of 10 Portable Radios, Chargers and Belt Clips for the Parks and Recreation Department for the 800 mHz Trunked Radio System to General Electric Company, Lynchburg, VA, at a total cost of $16,735 (GS) ITEM #18 - Extension of contract for delivery of approx. 1,800 tons of Dot Course Sand to Rinker Materials, Orlando, FL, for the period 2/21/92-2/20/93, for an est. total cost of $14,400 (PR) ITEM #19 - Contract for delivery of 2,520 gallons of 16-4-8 Fertilizer, 366 gallons of Surfactant & 168 gallons of "Maxie Green" Fertilizer to Douglas Fertilizer, Altamonte Springs, FL, for the period 1/30/92-12/31/92, at an annual cost of $12,429.48 (PR) ITEM #20 - Contract for refurbishment of 6 metal light poles at Jack Russell Stadium to P.J. Callaghan Company, Inc., Clearwater, FL, for $62,880 (PR) ITEM #21 - Contract for Marshall Street South Interceptor - Phase III to Insituform Southeast, Inc., Jacksonville, FL, for $294,915.75 (PW) Change Orders - Approved. ITEM #22 - C.O.#2 and final to the 1991 Subdrain Contract to Suncoast Excavating, Inc., Ozona, FL, increasing the amount by $461.40 for a new total of $200,166.40 and approve a time extension of 119 days (PW) ITEM #23 - C.O.#1 to the 1991 Sidewalk Contract increasing the amount by $37,713 for a new total of $155,833 (PW) Plans & Plats ITEM #24 - Preliminary Site Plan for Square "D" Company located at 1771 Hercules Ave. N. (Mullen/Buchanan)(PLD) Receive the preliminary site plan and authorize the DRC to approve the final site plan subject to the applicant providing sufficient information to permit staff to review the stormwater detention aspects of the site. Receipt & Referral - Received and Referred. ITEM #25 - Proposed amendments (A-G) to the Comprehensive Plan (PLD) CITY ATTORNEY Agreements, Deeds & Easements ITEM #26 - Easement Relocation Agreement - Lots 1 and 2 and part of Lots 3, 25 and 26, Blk J, Boulevard Heights Sub. (DRP of Alabama, Inc.) Commissioner Nunamaker 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #27 - Curbside Recycling conceptual plan which includes take over of existing curbside routes for newspaper recycling from Recycling and Recovery Systems, Inc., establishes a pilot full scale curbside recycling project in Morningside, Grovewood, The Meadows and Skycrest Subs. and a phased implementation plan for citywide curbside recycling collection, processing and marketing (PW) In 1988, the City approved a contract with Recycling Recovery Systems, Incorporated for the curbside collection of newspaper at residential homes. The Solid Waste Division believes it is in the City's best interest to take over this collection service with the ultimate goal of implementing a full scale citywide recycling program. The contract with Recycling and Recovery Systems expired January 1 with an agreed extension to February 1. It is the intent of the Solid Waste Division to take over the Recycling and Recovery Systems routes with existing personnel and vehicles on February 1, 1992. The approximately $50,000 annual subsidy to Recycling and Recovery Systems, along with some additional overtime, will be used to help fund this take over project. A reallocation of personnel and vehicles will also be implemented. The vehicles to be used, side loaders, rear loaders and Eager Beaver Trailers, are not ideal for this project and are temporary measures only. The Solid Waste Division will not implement public education at this time but will only take over existing routes, providing only the limited service previously provided by Recycling and Recovery Systems. At the same time, the division will move forward to begin a full scale recycling pilot project of approximately 800 homes in Morningside, Grovewood, The Meadows and Skycrest Subdivisions. These residents will receive a yellow 18 gallon curbside container in which to place their recyclables. These containers will be picked up once a week on a regular garbage collection day by a specialized recycling truck to be purchased from grant funds. A full scale education program will be implemented for this project. A monthly report will be provided to the Commission detailing the progress of the pilot study. In March, the Solid Waste Division will proceed with a "Request for Proposal" (RFP) for the processing and marketing of collected recyclables. This will include a local processing and marketing facility to reduce turn around time and guarantee a market for recyclables. Options will be included to allow the processor to serve nearby cities, thereby promoting better prices. When and if the pilot project is successful and Commission approval obtained, the division will proceed with a phased, full scale, citywide curbside collection processing and marketing program. Bob Brumback, Assistant Public Works Director for the Utilities Group, reviewed the proposed conceptual plan. He stated the pilot project would include a draw down of the Morningside Drop-Off Center and would allow some insight into attitudes and participation and a cost analysis of curbside recycling. Status reports will be provided to the City Commission. He stated they will be working with other communities regarding recycling and they will look at a joint venture regarding yard waste and mulching. He presented maps designating the areas of the current programs and the areas of the pilot project. He stated 18 gallon containers will be issued for the pilot project and the recyclables will be sorted at the curb. A concern was raised that the container had no cover and wet newspapers had no value for recycling. Mr. Brumback indicated this would be a part of the education process. A suggestion was made that as a part of the pilot project, at least during a portion of the project, there be only once a week garbage pick-up. This will be considered. In response to a question regarding response of the homeowners, Mr. Brumback indicated surveys are been built into the pilot project. A concern was raised that the container to be issued would be too small to hold a weeks worth of recyclables. It was indicated larger containers are available however, the cost goes up considerably and other communities are using 14 gallon containers. It was stated that a part of the pilot project is to determine the size and number of containers that will be needed for citywide implementation of curbside recycling. It was stated education was needed regarding recyclables as jars must be cleaned and only certain plastics can be accepted. A question was raised regarding what cardboard could be accepted at drop-off centers and it was stated corrugated cardboard, not such things as pizza or cereal boxes. In response to a question, it was indicated residents are encouraged to put out their black barrels only when full and not twice a week if not necessary. Commissioner Fitzgerald moved to approve the curbside recycling conceptual plan. The motion was duly seconded and carried unanimously. ITEM #28 - Neighborhood Advisory Committee - 1 appointment (CLK) Commissioner Fitzgerald moved to appoint Robert L. Mitchell to the North Greenwood category. The motion was duly seconded and carried unanimously. Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #29 - Ordinance #5167-92 - Amending Sec. 76.21 to increase the application fee for solicitors' permits The Assistant City Attorney presented Ordinance #5167-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5167-92 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 #30 - Ordinance #5168-92 - Amending Sec. 61.41 to set an application fee for taxicab operators' permits The Assistant City Attorney presented Ordinance #5168-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5168-92 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 #31 - Other City Attorney Items - None. ITEM #32 - City Manager Verbal Reports - None. ITEM #33 - Other Commission Action Commissioner Nunamaker complimented the Gas Division on how quickly they did three different installations at his home. Adjournment The meeting adjourned at 7:40 p.m.