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02/05/1998CITY COMMISSION MEETING CITY OF CLEARWATER February 5, 1998 Present: J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter Absent: Rita Garvey Mayor/Commissioner The Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Otis Green of Everybody’s Tabernacle. The Vice-Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introduction and Awards Proclamations: Burn Awareness Week - February 8-14, 1998 ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of January 15, 1998, 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 Astrid Conyers Almstead & Kathy Conyers Cohee, children of a motorcycle officer killed in the line of duty, expressed concerns regarding returning motorcycles to the police force. They indicated motorcycles had previously been taken off the police force due to high numbers of casualties. Ralph Spencer thanked the City Commission for their hard work. He expressed appreciation to Mayor Garvey regarding her efforts to promote goodwill in Nagano, Japan. He said he disagreed with the Eller Media settlement unless all billboards are removed in accordance with the City’s sign ordinance. He requested reconsideration of the January 15, 1998, settlement approval. He said his neighborhood is partially zoned multi-family. The Morningside Meadows Homeowners Association discussed this matter last night, and Mr. Spencer said he anticipates the City Commission will receive additional correspondence from homeowners on this topic. Gary Benjamin, Chairman of the Clearwater AA (Airport Authority Board), the FAA (Federal Aviation Administration) will likely participate with the City in several safety projects at the Airpark. As a result, the City will save $227,000 in the capital budget over the next two years. FAA funding will not involve operational requirements and restrictions. He expressed concern that AA meetings are no longer being televised and requested this be reconsidered. John Tassanari said he felt the City Manager has a lot to learn about Clearwater. He said he felt the City does not care about the average taxpayer. He said there is a problem in reaching the police department. He also opposed a playground on the beach. He said the City’s needs would be better served by making a decision on the bridge. He said a resident gave a bottle of champagne to the Mayor at a public meeting and asked if an enticement law exists in Clearwater. City Attorney Pam Akin said there is no law stating a resident cannot give a gift of champagne. Roy Cadwell expressed concern regarding increased Solid Waste rates and suggested the City reduce collection frequencies. PUBLIC HEARINGS ITEM #8 - Variance(s) to Sign Regulations for property located at 26990 US19N, Sec. 30-28-16, M&B 31.03, 31.04 & part of 31.02 (University High Equity Real Estate Fund II, Jean F. Shelling, Trustee and TM Clearwater Realty Limited Partnership / Lowe’s, SV98-03) The property proposed by Lowe’s for redevelopment is bounded on the east and west by US 19 North and Enterprise Road, respectively, and is approximately 0.1 mile south of S. R. 580 in the Commercial Center zoning district. The applicant is requesting a variance of 327 square feet to allow 477 square feet of attached sign area oriented toward US 19 North where a maximum of 150 square feet is permitted. Three signs are proposed on the east side of the store: 1) “Lowe’s Home Improvement Warehouse”; 2) “Indoor Lumber Yard”; and 3) “Garden Center” Staff does not support the request but can support a lesser variance of 187.5 square feet due to the size of the property, and the structure’s distance from the street right-of-way. Approval of a 187.5 square foot variance would allow 337.5 square feet of attached sign. Ed Armstrong, representing the applicant, felt the applicant has gone above and beyond Code requirements for landscaping and other issues. He concurred with staff’s recommendation for a lesser variance. Commissioner Seel moved to approve a variance of 187.5 square feet to allow 337.5 square feet of attached sign area oriented toward U.S. 19N. on property identified as Sec. 30-28-16, M&B’s 31.03, 31.04 and part of 31.02, for meting Sec. 45.24 Standards for Approval, items (1)-(4). The motion was duly seconded. In response to a question, John Richter, Senior Planner, said the applicant can determine the distribution of the square footage among the three signs. Upon the vote being taken, it carried unanimously. ITEM #9 - Public Hearing & First Reading Ord. #6231-98 - Rezoning to MPD for property (Sunshine Mall) located on S corner of Druid Rd., W of Missouri Ave., approx. 640’ N of Lakeview Rd., and E of Greenwood Ave., Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01 & 21.02; approve concept plan & refer final site plan to DRC for approval & certification (Mary Taylor Hancock; Jean Taylor Carter & John S. Taylor III, Z98-02) The applicants are requesting a zoning change for the Sunshine Mall property, at 1200 South Missouri Avenue on the southwest corner of the Druid Road and Missouri Avenue, north of Lakeview Road and east of Greenwood Avenue. They propose to rezone the property and to replat it into apartment units and commercial uses. Parcels 1 - 5C will be used for commercial uses and Parcels 6 and 7 for residential uses. The rezoning will permit 608 apartment units if rezoned MPD (Master Planned development District.) The property is presently zoned CC (Commercial Center) and RM-28 (Multiple Family Residential “Twenty-Eight”) with compatible land use plan classifications of Commercial General and Residential High respectively. No land use plan amendment will be involved in the rezoning request. All land assigned the proposed zoning district requires a concept plan be approved by the City Commission. It includes the conceptual layout for apartment buildings, perimeter landscaping buffers for the entire site, and the existing driveways for access. The total land area for the site is 35.4 acres. Twenty-five acres or more are required to establish a new MPD district. This site exceeds 25 acres in area requiring review and approval by the City Commission of the associated site plan simultaneously with this request. The proposed development will involve substantial improvements at the site including water, sewer, drainage facilities, roads, and parking facilities to be installed to City standards and in a manner consistent with the approved final site plan. The proposed development will be consistent with an approved site plan that has not been submitted for certification, and that will be required to include: 1) a landscaping plan; 2) a lighting plan; 3) a solid waste system; 4) a parking layout relative to the proposed development; 5) a traffic circulation plan; and 6) internal circulation points of access and cross-access. Density requirements will be met at the permitted density of 24 units per acre. Parcel #7 will be used for construction of 408 elderly apartment units. Parcel #6 will be used for construction of 200 general apartment units. The commercial facilities will be on the east side of the subject properties. Staff is working with the applicants to prepare a traffic impact study to determine peak hour levels of service in accordance with the concurrence management program and potential roadway improvements. Staff is reviewing landscape concepts and existing drainage issues. The rezoning request is consistent with the surrounding land use patterns and in character with the neighborhood. The project will contribute positively to redevelopment of the area. Ed Armstrong, representing the applicant, said the project is comprised of: 1) 9 acres of commercial frontage along Missouri Avenue; 2) 408 elderly housing units under contract with CED Construction Company; and 3) 200 unrestricted apartments at the southern portion of the site. He said the applicants are requesting a reduction of 200,000 commercial square feet. Scott Culp, Director of Development for CED Construction, said his company has developed multifamily communities for more than 35 years. The company currently owns and operates 72 communities with more than 15,000 apartment homes. Developments are not sold once developed. The proposed community will include more landscaping and buffers than required. The development will be gated with a main entrance through the retail portion of the property. Common amenities will be included in each phase. Resident views will be oriented inward and away from the street. As the project is contingent upon approval of State tax credits, it was questioned what would happen should the tax credits be denied. Mr. Armstrong said the developer/owner would be required to rezone only the portion involving CED Construction Company. In response to a question, Mr. Culp said the tax credit process is competitive. CED President Mike Sharino said this year the State has given priority to elder housing projects in certain census tracts, and this is one of them. He felt the project will experience a high degree of success. Concern was expressed regarding age restrictions. Mr. Culp said no final determination has been made whether the restrictions will be between the ages of 55 and over, or 62 and over. The Federal Tax Credit Program includes restrictions on income levels and rents. In response to question, Mr. Armstrong felt if the CED is unable to go forward, developing the property will be easier with the zoning change. The project will not move forward until the City Commission approves the site plans. The number of units cannot be changed without City Commission approval. Anthony Everett, of International Realty, said his firm has a contract to develop 200 residential unrestricted apartments on this property. The units will range in size from 516 to 1,100 square feet. The community will have a dedicated entrance and controlled access. Pat Norman, a Sunshine Terrace resident, expressed her concern regarding the City’s ability to accommodate the increased water, sewage, garbage and drainage issues involved with such a project. Public Works Administrator Rich Baier said the City is working with the applicant to address all pertinent issues. Commissioner Hooper moved to approve the Petition for rezoning to MPD for property (Sunshine Mall) on south Corner of Druid., west of Missouri Avenue, approximately 640’ north of Lakeview Road., and east of Greenwood Avenue., Sec. 15-29-15, M&B 34.01 and Sec. 22 29-15, M&B 21.01 & 21.01; approve concept plan & refer final site plan to DRC for approval and certification. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6231-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6231-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nayes”: None. Absent: Garvey Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #6218-98 - Relating to utilities; amending Secs. 32.062, 32.066, 32.070, 32.071, 32.072, and Appendix A, Art. XXIV Utilities - General and Deposits, and Appendix A, Art. XXV Public Works - Fees, Rates and Charges The City Attorney presented Ordinance #6218-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6218-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #11 - Ord. #6222-98 - Annexation for property located at 1573 Owen Dr., Orange Blossom Sub., Lot 7 (Kim Wayne Biser, A97-13) The City Attorney presented Ordinance #6222-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6222-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #12 - Ord. #6223-98 - RS-4 Zoning for property located at 1573 Owen Dr., Orange Blossom Sub., Lot 7 (Kim Wayne Biser, A97-13) The City Attorney presented Ordinance #6223-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6223-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #13 - Ord. #6224-98 - Annexation for property located at 1934 Atlantis Dr., Sunset Point Estates, Blk A, Lot 27 (Charlene Boatwright, Hubert & Mildred James, A97-14) The City Attorney presented Ordinance #6224-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6224-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #14 - Ord. #6225-98 - RS-8 Zoning for property located at 1934 Atlantis Dr., Sunset Point Estates, Blk A, Lot 27 (Charlene Boatwright, Hubert & Mildred James, A97-14) The City Attorney presented Ordinance #6225-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6225-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #15 - Ord. #6226-98 - Annexation for property located at 181 Pinewood Ave., Eastwood Terrace 1st Add., Blk D, Lot 2 (Alfonso Tundidor, A98-01) The City Attorney presented Ordinance #6226-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6226-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #16 - Ord. #6227-98 - RS-6 Zoning for property located at 181 Pinewood Ave., Eastwood Terrace 1st Add., Blk D, Lot 2 (Alfonso Tundidor, A98-01) The City Attorney presented Ordinance #6227-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6227-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey CITY MANAGER REPORTS ITEM #17 - Approval of Purchases & Declaration of Surplus per 01/15/98 memorandum: - Bridges Equipment Co., Inc., three 1998 Kubota agricultural tractors, $74,653.14; funding to be provided under City’s Master Lease-Purchase Agreement ($68,953.14) and current fiscal year operating savings from Parks and Recreation/Parks for vehicle upgrades ($5,700)(GS) Xerox Corp., extension, maintenance of City’s Xerox 5090 high speed copier, 01/30/98-02/01/99, estimated $27,780 (IM) West Coast Plumbing and Gas, Inc., gas meter change out and loop rebuilding, date of award through 02/28/99, estimated $42,000 (GAS) Van Waters and Rogers, extension, chlorine in one ton cylinders and in 150 pound cylinders, award date through 02/03/99, estimated $137,505.38 (FN) Declare surplus to City needs, one 1983 Dodge pickup truck, G-272, with 87,241 miles; authorize disposal to highest bidder (FN) ITEM #18 - 1998 Underdrain Contract, Overstreet Paving Company, $731,617.70 (PW) In regard to Item #18, Mr. Baier said retainage is withheld until all specifications in the contract are met. Commissioner Seel moved to approve the Consent Agenda as submitted and to authorize the appropriate offices to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #19 - First Reading Ord. #6232-98 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels, to amend defined areas for speed restrictions of vessels (extending wake zone in Clearwater Pass Channel by approx. 350 yards west of Clearwater Pass Bridge, to a point marked by Clearwater Pass Light 6) (MR) By extending the wake zone in Clearwater Pass by approximately 350 yards west of the Clearwater Pass Bridge, to a point marked by Clearwater Pass Light 6, vessels anchored and using the beach on the north side of Clearwater pass will be protected from wakes by passing vessels. This will locate the wake zone approximately 900 yards west of the Clearwater Pass Bridge. This request was reviewed and approval recommended by the Marine Advisory Board. The Florida Marine Patrol has advised the City that the extension of the wake zone would be approved. If the ordinance is passed, the State will send an amendment to the City permit. The U. S. Coast Guard has advised the City they have no objection to extending the wake zone and placing wake zone signs on Clearwater Pass Light 6. All other existing City wake zones remain unchanged. In response to questions, Harbormaster Bill Held said at the time of construction of the jetty at Clearwater Pass, the City met all federal and state laws safety issues. A recent accident is under investigation by the Florida Marine Patrol. Should the City wish to make changes to the jetty, permits would be required. Commissioner Clark moved to approve amendment to Chapter 33, Section 33.067 of the Code of Ordinances extending the wake zone in Clearwater Pass Channel by approximately 350 yards west of the Clearwater Pass Bridge, to a point marked by Clearwater Pass Light 6. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6232-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6232-98 on first reading. The motion was duly seconded and carried unanimously. ITEM #20 - Award Phase I of project for Organizational Review Services to Public Strategies Group, base fee $20,000 plus performance fee not to exceed $5,000 and travel & incidental expenses not to exceed $6,000 (CM) Three firms out of nine (that submitted RFQs (Request for Proposal) for a Phase I organizational review of City operations) were considered. Estimated costs indicated in their proposals are as follows: 1) Public Strategies Group total fees of $95,000; total travel costs of $23,000; 2) Arthur Anderson total fees of $1,080,000; total travel costs of $162,000; and 3) Management Partners, Inc. total fees of $321,730; total travel costs of $69,880. Phase I is a diagnostic phase to determine how the City can enhance customer service. The firm selected will gather information and data from the City, conduct interviews with stakeholders, and perform a preliminary SWAT (Strength and Weakness Assessment.) Once Phase I is complete, the firm will determine the remainder of the work to be performed for the project, how the work can be performed, time period, and a better estimate of the remaining project costs. Subsequently, the City will determine how to proceed with completing the project. Clarification of page 5 of the RFP (Request for Proposal) regarding unsatisfactory results from a contractor was requested. Ms. Rice said the language refers to nonpayment for unsatisfactory services. If exceptional work is performed, a bonus is awarded. The City can identify specifics regarding unsatisfactory work. The contractor is provided a second opportunity to perform. Should they still be considered unsatisfactory, they will not be paid. Ms. Rice agreed $31,000 is the maximum to be awarded for Phase 1. In response to questions, Ms. Rice said Phase 1 involves a diagnostic look at the entire City organization to determine if the City is designed for the best efficiency and to provide the best customer service for residents. It was noted the total for all phases is less than budgeted. In response to a question, the City Manager said all payments, excluding travel expenses, can be refunded if the services are unsatisfactory. Commissioner Seel moved to award Phase 1 of the project for Organization Review Services to the Public Strategies Group for a base fee of $20,000 plus a performance fee not to exceed $5,000, and travel and incidental expenses not to exceed $6,000, and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Library Board - 1 appointment (CLK) Commissioner Clark moved to appoint Lois Martin. The motion was duly seconded and carried unanimously. ITEM #22 - Parks and Recreation Board - 1 appointment (CLK) Commissioner Clark requested the City Commission defer their consideration of William Kirbas’s reappointment to the board until after the election. Commissioner Seel moved to appoint Kim Cashman to the board. The motion was duly seconded and carried unanimously. ITEM #23 - Appointment of Commissioner to represent the Commission as the Canvassing Board re 3/10/98 Municipal Election (CLK) Commissioner Hooper moved to appoint Commissioner Clark to represent the Commission as the Canvassing representative. The motion was duly seconded and carried unanimously. ITEM #24 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #25 - Res. #98-08 - Assessing property owners the costs of having mowed or cleared owners’ lots. The City Attorney reported CNHS (Clearwater Neighborhood Housing Services) has been paid and eliminated from the list. The City Attorney presented Resolution #98-08 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-08 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Seel. “Nayes”: None. Absent: Garvey ITEM #26 - Other City Attorney Items a) Penny for Pinellas Extension - Interlocal Agreement Commissioner Seel moved to approve the Penny for Pinellas Extension Interlocal Agreement. The motion was duly seconded and carried unanimously. b) Set attorney/client sessions for Martinez vs. City and Jelks vs. City The City Attorney requested an attorney/client session regarding Martinez versus City be scheduled for March 19, 1998, at 5:00 p.m. and Jelks versus City be scheduled for March 19, 1998, at 5:20 p.m. or as soon thereafter as possible. Consensus was to so schedule. ITEM #27 - City Manager Verbal Reports - None. ITEM #28 - Other Commission Action Commissioner Seel said the PPC (Pinellas Planning Council) received information regarding proposed changes to the Flood Insurance Rate Map. In response to a question, Mr. Baier said the changes will have some effect on Clearwater as the map moves the velocity zone in some beach areas and closer to Mandalay Avenue. The primary areas affected are Clearwater Beach, Island Estates, and an area along Tampa Bay. Advertisements have been running on C-View TV. Commissioner Seel referred to a copy of a letter regarding pursuing a resolution to the year 2000 problem. Local governments are required to interface with the State’s system. The City Manager said the City is working diligently to remedy the problem. Commissioner Hooper asked if the City has experienced any damage or sewage backups due to recent heavy rains. Mr. Baier said there were no sewage backups. There was some slight road damage and two water main breaks. Commissioner Clark said the Historic Preservation Board minutes indicated a neighborhood effort to raise funds for a gate at the Magnolia Street dock. He said a gate was to have been installed when construction took place. Mr. Baier said a gate was installed, but neighbors decided to raise funds for an upgraded gate. Commissioner Seel thanked the City Manager and C-View TV staff for the new captions at the bottom of the television screen during City meetings. The captions afford the public more information regarding topics discussed. She noted the City Commission agenda is available on C-View TV for public view. The City Manager said the City also makes the agenda available via fax. Commissioner Johnson said the City received $100,000 from the State as a first payment for Brownfields cleanup. He reminded everyone to attend Saturdays in the City, next to Station Square. The Phillies’ welcome is scheduled at the Harborview Center on February 24, 1998. The first Spring Training game is scheduled for February 28, 1998. ITEM #29 - Adjournment The meeting adjourned at 7:35 p.m.