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02/19/1998CITY COMMISSION MEETING CITY OF CLEARWATER February 19, 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 Patricia Daniels of Friendship United Methodist Church. 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 - Introductions and Awards - None. ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of February 5, 1998, and the special meeting of January 23, 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 John Tassanari said he felt police motorcycle units would be beneficial to the community. He expressed concern regarding repair of sidewalks not getting equal treatment throughout the City. He expressed concern about children constantly roaming along Highland Avenue between the bowling alley and Gulf-to-Bay Boulevard. In response to a question, Public Works Administrator Rich Baier said sidewalk maintenance and replacement is ongoing in all areas of the City. He suggested residents contact the City’s Public Service Maintenance Department with information regarding specific sidewalk problems. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6233-98 - Vacating 15’ r-o-w abutting south line of Lot 16, SE¼ Pinellas Groves (Fountains Bayway, Inc., V97-19)(PW) Fountains Bayway, Inc. is requesting to vacate the 15-foot right-of-way abutting the south line of Lot 16, Map of a Portion of Pinellas Groves Subdivision and addressed as 1810 Belcher Road, to accommodate future growth. The right-of-way was platted in 1913 and has never been used or is proposed to be used by the City. The City has no existing utilities located within the right-of-way. Florida Power, GTE, GTE Media Ventures, Time Warner Cable, and staff have no objections to vacating the right-of-way. Commissioner Clark moved to approve the applicant’s request to vacate the 15-foot right-of-way abutting the south line of Lot 16, Map of a Portion (SE 1/4) of Pinellas Groves Subdivision and pass Ordinance Number 6233-98 on the first reading. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6233-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6233-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: None. Absent: Garvey ITEM #9 - Public Hearing - Declare surplus to City needs, real property located at 1164-1168 Gould Street, Lots 9-11, Blk 5, R.H. Padgetts Subdivision of Original Lots 2 & 5 The City Attorney requests this be denied. Commissioner Hooper moved to deny declaration of the property at 1164-1168 Gould Street, Lots 9, 10 and 11, Block 5, R. H. Padgetts Subdivision of original Lots 2 and 5, as recorded in Plat Book 4, Page 32, Public Records of Pinellas County, as surplus. The motion was duly seconded and carried unanimously. ITEM #10 - (Cont. from 1/15/98) Variance(s) to Sign Regulations for property located at 18627 US 19N, Sec. 20-29-16, M&B 33.01 (Steak N Shake, Inc., SV98-02)(CP) - Request to Continue to 3/19/98 AND ITEM #11 - Variance(s) to Sign Regulations for property located at 19320 US 19N, Sec. 19-29-16, M&B 14.03 (Charlie Harris Pontiac, Inc. / Sunset Pontiac GMC Truck South, Inc., SV98-01)(CP) - Request to Continue to 3/19/98 Commissioner Seel moved to continue Item #10 and Item #11 to the March 19, 1998, Commission meeting. The motion was duly seconded and carried unanimously. ITEM #12 - Variance(s) to Sign Regulations for property located at 2130 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.03 (Clearwater Property Group, c/o Kmart Corp. / Kmart, SV98-04)(CP) This property is located on the north side of Gulf-to-Bay Boulevard, between Gunn and Main Avenues, in the General Commercial zoning district. The applicant is requesting a variance of 230.9 square feet to allow attached signs with an area of 294.9 square feet where a maximum of 64 square feet is permitted. The variance is requested to allow replacement of the existing “Kmart” sign located on this storefront. A new “BIG Kmart” sign is proposed. On August 13, 1992, a variance was granted to allow 242 square feet of attached signs on this storefront. Interim Central Permitting Director Jeff Kronschnabl said staff recommends denial of the request. If this variance is approved, it would be 4 times the allowable limit by the current sign code. Kmart would have more attached signs than any other property and general business zoned on Gulf-to-Bay Boulevard. The City has been unable to reach a compromise with Kmart regarding a fair amount of signage on the property. Todd Pressman, representing the applicant, said an inequity exists regarding this property. He said if this site were a typical strip center it would be permitted 800 square feet of wall signage. He referred to an aerial map, citing Kmart is a substantial distance from the roadway. Because Kmart has garden shop and pharmacy signs, they cannot take advantage of the bonus for distance the current code allows. In response to questions, Lt. Kronschnabl said the applicant was asked to enhance landscaping of the property to assist in obtaining a variance. He felt the applicant has been unwilling to compromise. In response to questions regarding previously granted variances similar to this request, Senior Planner John Richter said variance approvals have been consistent and bonuses applied even if businesses have additional signage. Commissioner Hooper moved to continue Item #12 to the April 2, 1998, meeting to allow further negotiation with the applicant. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - 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 City Attorney requested, due to advertising deficiency, Ordinance #6231-98 be continued to March 5, 1998. Commissioner Hooper moved to continue Ordinance #6231-98 reading. The motion was duly seconded and carried unanimously. ITEM #14 - 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) - To be Continued to 3/5/98 The City Attorney requested, due to advertising deficiency, Ordinance #6232-98 be continued to March 5, 1998. Commissioner Clark moved to continue Ordinance #6232-98 to March 5, 1998. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-19) - Approved as submitted. ITEM #15 - Approval of Purchases per 2/3/98 memorandum: Ericsson GE Mobile Communications, portable radios, chargers & replacement parts for City’s 800 MHz trunking system, $375,450; funding to be provided under City’s Master Lease-Purchase Agreement (GS) Laub’s Landscaping Maintenance, Inc., landscape maintenance in west Clearwater, 3/1/98-2/28/99, estimated $41,000 (PR) Biological Research Associates, control of exotic plant species services throughout City, 3/1/98-2/28/99, estimated $48,050 (PW) Bay Ford New Holland, Inc., one 1998 Ford New Holland, Model 6640SLE tractor with Alamo articulated boom mower, $55,495; part of funding to be provided under City’s Master Lease-Purchase Agreement (GS) Harrison Uniform, uniform items utilized by Public Services’ personnel, 3/1/98-10/31/99, est. $55,000 (PW) ITEM #16 - License Agreement, BellSouth Mobility, Inc., for non-exclusive use involving installation & operation of personal communications systems (PCS) equipment on existing City’s communication tower at 3290 SR580, for initial 5 year term, with options to renew for 4 additional terms of 5 years each, provided BellSouth notifies City of intent to renew at least 90 days prior to expiration of primary term or any extension (GS) ITEM #17 - Approve acceptance of 2nd year grant funding, FY 1997-98, Pedestrian Safety and Enforcement Project, from FDOT, in the amount $32,803 (PD) ITEM #18 - Agreements with: Golden Cougar Band Boosters, Inc., Clearwater High School Band Boosters, Inc., and CNHS, Inc.; for parking of automobiles at Spring Training season of the Phillies, 2/27/98-3/29/98 (PR) ITEM #19 - Sanitary sewer easement - Milton Park Sub., Blk 10, Lot 6 (Thompson Executive Center)(CA) Commissioner Clark 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 #20 - Approve acceptance of 2nd year grant funding, Local Law Enforcement Block Grants Program, from US Dept. of Justice/Bureau of Justice Assistance, in the amount $274,031 (PD) The Clearwater Police Department will use this grant to continue funding 5 PSTs (police service technicians) and 1 supervisor not funded by the City budget. Three (3) of these positions will be utilized at the Beach substation and allow more comprehensive service to citizens. Prior to the award of last year’s LLEBG (Local Law Enforcement Block grants), the Beach substation was only open when police officers were physically in the building. The 3 PST positions have allowed the substation to maintain regular business hours and provide better telephone coverage. The remaining 2 PSTs will handle accident investigations throughout the City, providing 4,160 hours annually, and freeing up officers to handle more urgent calls. The PST supervisor will supervise the additional PSTs, eliminating the police sergeant’s responsibility. A total of $172,465 has been budgeted for these positions. The grant will also fund 1 additional police officer position for the Officer Friendly Program, replacing the Officer Friendly position recently cut from the City budget. It had been requested the $38,917 budgeted for the additional position be used to rotate assignments to the City’s middle schools. Under the LLEBG, none of these positions are required to be retained at the conclusion of the grant period. The department will evaluate continuation of these positions in preparation of the 1998/99 budget. The remaining $93,097 budgeted under this grant will be used to purchase and/or lease necessary equipment to reinstate, on a pilot basis, the police department’s motorcycle traffic enforcement team. Clearwater’s award allocation from the U. S. Department of Justice/Bureau of Justice Assistance is for $274,031, requiring a local match of $30,448, for a grand total of $304,479. The $30,448 match is available in the Special Program project 181-99398. Chief Sid Klein suggested removal of the motorcycle issue to allow him to give a thorough presentation at a worksession. He said the grant involves 11 other positions and felt it is important to move forward with those programs. The funding for the lease of motorcycles and equipment is in a category in the federal grant application entitled “technical equipment”. Should the Commission’s future decision be not to proceed with the motorcycle program, a grant amendment would allow those funds to be applied to other technical equipment. In response to a question, Chief Klein said computer-related equipment and additional motor vehicles is needed. He noted officers from the COPS program will require equipment and this money could also be used for that purpose. Commissioner Seel moved to approve acceptance of second year funding in the amount of $274,031 from the US Department of Justice/Bureau of Justice Assistance, with the moneys not being used for the police motorcycle program, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #22 - Other City Attorney Items a) Request authorization to hire Thompson, Sizemore & Gonzalez to defend Blanco vs. City This is an action for damages and injunctive and declaratory relief under Section 1983 of the United States Code, together with a pendent claim under the Florida Constitution, relating to the termination of former police officer Brian Blanco. Commissioner Clark moved to authorize the City Attorney to assign Brian Blanco v. City of Clearwater, United States District Court Case No. 98-278-Civ-T-17E to outside counsel, Thompson, Sizemore & Gonzalez. The motion was duly seconded and carried unanimously. ITEM #23 - City Manager Verbal Reports City Manager Mike Roberto expressed his appreciation that the City Commission meetings have been proceeding expeditiously. ITEM #24 - Other Commission Action Commissioner Seel attended a ribbon cutting ceremony for Enterprise Village. She was impressed with their efforts to inspire educational efforts. Commissioner Seel reported she received positive feedback regarding the City’s grace period for tickets from a representative of Universal Studios. Commissioner Seel requested the Commission not place a Library Donor Policy item on the worksession agenda as has been requested. Commissioner Hooper said the letter received from Mr. Jonson regarding the City’s utility department was delightful. Commissioner Hooper expressed his concern regarding the green mold on the north wall of the Harborview Center. The City Manager reported it is being removed. Commissioner Seel questioned the cost of removing the mold. Commissioner Hooper expressed his concern regarding the Florida flag missing from Commission Chambers. Commissioner Hooper noted the C-View TV picture quality is somewhat improved thanks to innovations in technology. Commissioner Clark asked when Pickles Plus will open their facility in the Harborview Center. The City Manager said a definitive date is forthcoming. The anticipated opening is March 1998. Commissioner Johnson reminded everyone of the Saturday in the City Farmer’s Market. Commissioner Johnson congratulated the City Manager for his efforts to inform the public regarding the One City. One Future. concept. ITEM #25 - Adjournment The meeting adjourned at 6:47 p.m.