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03/19/1998CITY COMMISSION MEETING CITY OF CLEARWATER March 19, 1998 Present: Rita Garvey Mayor/Commissioner 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 The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Dr. James Hilton of Central Christian Church. The 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 Lisa Perkins, Clearwater Gas System, was presented the March 1998 Employee of the Month award. ITEM #4 - Introductions and Awards Proclamations: Children’s Week - 3/30/98 - 4/1/98 Water Safety Awareness Day - 4/4/98 ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of March 5, 1998, and the special meeting of March 11, 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 Tassarni asked why the American flag was not flying outside City Hall. He requested the City think twice before awarding incentives to businesses. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6240-98 - Vacating easterly 2.5’ of 10’ drainage & utility easement lying along west side of Lot 60, Countryside Tract 5 (Hunter, V98-01)(PW) The applicant is requesting to vacate the easterly 2.5 feet of the 10 foot drainage and utility easement along the west side of Lot 60, Countryside Tract 5, addressed as 3272 Mulberry Drive. The existing swimming pool encroaches into the easement. The applicant recently sold the house and the title company retained funds in an escrow account until the portion of the easement containing the encroachment was vacated. The City has no existing utilities located within the easement. Public Works Administration, Florida Power, GTE, GTE Media Ventures and Time Warner Cable have no objections to vacating the portion of the easement containing the encroachment. Commissioner Johnson moved to approve the applicant’s request to vacate the easterly 2.5 feet of the 10 foot drainage and utility easement lying along the west side of Lot 60, Countryside tract 5. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6240-98 and read it by title only. Commissioner Clark moved to pass Ordinance #6240-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #9 - Public Hearing & First Reading Ords. #6243-98 & #6244-98 - Annexation & RS-8 Zoning for property located at 1404 Citrus St., Sunny Park Groves Sub., Blk D, Lot 19 & part of Lot 20 (Kurt & Sandra Shackelford, A98-04)(CP) Interim Central Permitting Director Jeff Kronschnabl said the applicant is requesting sewer service which is available in the immediate vicinity of the resident. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential “Eight” (RS-8) for Lot 19 and the west 40 feet of Lot 20, in Block D of Sunny Park Groves. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6243-98 and read it by title only. Commissioner Hooper moved to pass Ordinance #6243-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. The City Attorney presented Ordinance #6244-98 and read it by title only. Commissioner Johnson moved to pass Ordinance #6244-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #10 - Public Hearing & First Reading Ords. #6245-98 & #6246-98 - Annexation & RS-6 Zoning for property located at 2160 Burnice Dr., Glen Ellyn Estates, Lot 7 (Robert & Vicki Cyr, A98-05)(CP) Interim Central Permitting Director Jeff Kronschnabl said the applicant is requesting sewer service which is available in the immediate vicinity of the resident. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential “Six” (RS-6) for Lot 7, Glen Ellyn Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6245-98 and read it by title only. Commissioner Seel moved to pass Ordinance #6245-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. The City Attorney presented Ordinance #6246-98 and read it by title only. Commissioner Clark moved to pass Ordinance #6246-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #11 - Public Hearing & First Reading Ords. #6247-98 & #6248-98 - Annexation & RS-8 Zoning for property located at 1520 Stevenson’s Dr., Heights, Blk A, Lot 22 (Dolores Jelks, A98-06)(CP) Interim Central Permitting Director Jeff Kronschnabl said the applicant is requesting sewer service which is available in the immediate vicinity of the residence. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential “Eight” (RS-8) for Lot 22, Stevenson’s Heights. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6247-98 and read it by title only. Commissioner Johnson moved to pass Ordinance #6247-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. The City Attorney presented Ordinance #6248-98 and read it by title only. Commissioner Johnson moved to pass Ordinance #6248-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #12 - Public Hearing & First Reading Ords. #6249-98 & #6250-98 - Annexation & RS-8 Zoning for property located at 1734 Manor Ave., W., Clearwater Manor, part of Lots 26 & 27 (John Fitzgerald, A98-07)(CP) Mr. Kronschnabl said the applicant is requesting sewer service which is available in the immediate vicinity of the residence. Commissioner Seel moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential “Eight” (RS-8) for the south 25 feet of Lot 26 and the north 35 feet of Lot 27, Clearwater Manor. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6249-98 and read it by title only. Commissioner Clark moved to pass Ordinance #6249-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. The City Attorney presented Ordinance #6250-98 and read it by title only. Commissioner Hooper moved to pass Ordinance #6250-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #13 - (Cont. from 1/15 & 2/19/98) Variance(s) to Sign Regulations for property located at 18627 US19N, Sec. 20-29-16, M&B 33.01 (Steak N Shake, Inc., SV98-02) The applicant is requesting a continuance to the April 16, 1998, meeting. Commissioner Clark moved to continue this item to April 16, 1998. The motion was duly seconded and carried unanimously. ITEM #14 - (Cont. from 2/19/98) Variance(s) to Sign Regulations for property located at 19320 US19N, Sec. 19-29-16, M&B 14.03 (Charlie Harris Pontiac, Inc. / Sunset Pontiac GMC Truck South, Inc., SV98-01) It was requested this item be continued to the April 2, 1998, meeting. Commissioner Clark moved to continue this item to April 2, 1998. The motion was duly seconded and carried unanimously. ITEM #15 - Variance(s) to Sign Regulations for property located 1825 Sunset Point Rd., SW¼ Pinellas Groves, part of Lots 7 & 8 (Georgios Adamopoulos / G. Adams Clinic, SV98-05) This property is located on the south side of Sunset Point Road, east of Keene Road, and is in the Limited Office zoning district. The applicant is requesting the following variances: 1) an area variance of 36 square feet to allow a freestanding sign with an area of 60 square feet, and 2) a height variance of 6 feet to allow a 14 foot high freestanding sign. The property owner proposes to replace the existing conforming sign with a larger, taller sign. Interim Central Permitting Director Jeff Kronschnabl said this variance is more than double the code allowance. Staff recommends denial of the variance. Dean Kantanas, Representative, verified photographs of the property as presented to him. He said the existing sign is very small in comparison to the Texaco station and restaurant next door. The entire corner is commercially zoned and another business farther down the street also has a larger sign than the applicant. It was noted the applicant’s own flags obstruct the view of his business and removal of them would improve the business’ visibility. In response to a question, Mr. Kantanas said a sign on Keene Road would not help business since most of the traffic is on Sunset Point Road. Commissioner Clark moved to deny the following variances: 1) an area variance of 36 square feet to allow a freestanding sign with an area of 60 square feet, and 2) a height variance of 6 feet to allow a 14 foot high freestanding sign, on property identified as Pinellas Groves, part of Lots 7 and 8, for failure to meet Section 45.24, Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #16 - Variance(s) to Sign Regulations for property located 1160 Gulf Blvd., Sec. 17-29-15, M&B 33.01 (Sheraton Sand Key Associates, Ltd. / Sheraton Sand Key Resort, SV98-06) This property is located on the west side of Gulf Boulevard, south of Clearwater Pass Bridge, in the Resort Commercial 28 zoning district. The applicant is requesting a variance of one freestanding sign to allow 2 freestanding signs. The applicant proposes to place a sign on each side of the main entrance to this property, each with an area of 9.8 square feet and a height of 6.3 feet. Interim Central Permitting Director Jeff Kronschnabl said the applicant is requesting 2 single-faced signs to be placed low to the ground with a decorative entry feature and enhanced landscaping. Russ Kimball, Representative, said the single-faced signs will be less obtrusive than 1 double-faced sign. In response to a question, Mr. Kimball said the applicant had considered placing one monument sign, but it created a visibility problem for vehicles entering and exiting the premises. He presented letters of support from surrounding business and the neighborhood civic association. Commissioner Johnson moved to approve a variance of 1 freestanding sign to allow 2 freestanding signs, each with an area of 9.8 square feet and a height of 6.3 feet, on property identified as Section 17-29-15, M&B 33.01, for meeting Sec. 45.24, Standards for Approval, items (1) - (4). The motion was duly seconded. Concern was expressed that there was confusion regarding the size of the proposed signs. Discussion was deferred to give staff and the applicant a chance to confer. After meeting with the applicant, Mr. Richter explained the applicant is requesting 2 single-faced freestanding signs with a maximum area of 46 square feet and a height of 6 feet per sign. Staff recommended approval. Commissioner Johnson withdrew his motion. The seconder agreed. Commissioner Johnson moved to approve a variance of 1 freestanding sign to allow 2 freestanding signs, each with an area of 46 square feet and a height of 6 square feet, on property identified as Section 17-29-15, M&B 33.01, for meeting Sec. 45.24, Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #17 - Ord. #6234-98 - Land Use Plan Amendment to Commercial General for property located at NW corner of intersection of Vine Ave. & Seminole St. and S of Nicholson St., Pine Crest Sub., Blk 4, Lots 1-6 (Morton Plant Hospital Association, LUP98-01, Z98-04) The City Attorney presented Ordinance #6234-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6234-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #18 - Ord. #6235-98 - CI Zoning for property located at NW corner of intersection of Vine Ave. & Seminole St. and S of Nicholson St., Pine Crest Sub., Blk 4, Lots 1-6 (Morton Plant Hospital Association, LUP98-01, Z98-04) The City Attorney presented Ordinance #6235-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6235-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #19 - Ord. #6236-98 - Annexation for property located at 1759 St. Croix Dr., Virginia Grove Terrace 5th Addition, Blk B, Lot 19 (Mary C. Holdren Tsacrios, A98-03) The City Attorney presented Ordinance #6236-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6236-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #20 - Ord. #6237-98 - RS-8 Zoning for property located at 1759 St. Croix Dr., Virginia Grove Terrace 5th Addition, Blk B, Lot 19 (Mary C. Holdren Tsacrios, A98-03) The City Attorney presented Ordinance #6237-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6237-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #21 - Ord. #6241-98 - Amending Operating Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance #6241-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6241-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #22 - Ord. #6242-98 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance #6242-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6242-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. CITY MANAGER REPORTS CONSENT AGENDA (Items #23-29) - Approved as submitted, less Item #29 ITEM #23 - Approval of Purchases & Declaration of Surplus per 02/25/98 memorandum: Joe Money Machinery Company, one 1998 JCB Model 214-2 tractor (replacement), $35,980; funding to be provided under City’s Master Lease Purchase Agreement (GS) Vermeer Southeast Sales and Service, Inc., one 1998 Vermeer Model SC752 stump cutter (replacement), $24,967.10; funding to be provided under City’s Master Lease Purchase Agreement (GS) The Smith Wilson Company, misc. office supplies (other than paper), increase funding from $100,000 to $125,000 for remaining portion of contract ending 5/21/98 (FN) Industrial Refuse Sales, front loading refuse containers & repair parts, 3/20/98-3/31/99, est. $115,000; 2nd & final extension (SW) Rotonics Manufacturing, Inc., automated residential carts (black barrel containers) & repair parts, extension, 3/20/98-3/31/99, est. $90,000 (SW) Industrial Refuse Sales, open top roll-off containers (new) & compactors, 3/20/98-3/31/99, est. $125,000; 1st of two extensions authorized (SW) B.J.’s Towing and Recovery Inc., impound towing service, 5/1/98-4/30/99, est. $50,000; 2nd and final extension (PD) Declare surplus vehicles to City needs; authorize disposal to highest bidder through Tampa Machinery Auction (FN) ITEM #24 - Agreement to conduct management study of Fire/Rescue Services for the City to Richard A. Knopf & Associates, $40,000; approve ranking of RFQ respondents (FD) ITEM #25 - Agreement with Pinellas County Fire Protection Authority, provide fire services, 4/1/98-9/30/99 (FD) ITEM #26 - Purchase of EMS insurance coverage, amount not to exceed $90,000 for balance of Fiscal Year 1997-98 in compliance with intergovernmental agreement with Pinellas County dated 10/30/97 (FN) ITEM #27 - Purchase Order to Coastline Equipment, one Samsung model SL 180-2 Front End Loader, $110,469; authorize funding under City’s Master Lease Purchase Agreement (GS) ITEM #28 - Confirmation of Department Structure/Name - Public Works Administration (CM) Commissioner Clark moved to approve the Consent Agenda as submitted less Item #28, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. It was noted the intent was to pull Item #29, not Item #28. Commissioner Clark moved to rescind the previous action on the consent agenda. The motion was duly seconded and carried unanimously. Commissioner Clark 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 - Interlocal Agreement with North Ward Elementary School (CA) In response to a question, Deputy City Manager Kathy Rice said the interlocal agreement with North Ward Elementary School means the City will adopt the school, assisting it with inkind services. In exchange, City employees’ children may attend the school without an out-of-district permit. In response to a request, Ms. Rice said there will be a continual accounting of the costs associated with this agreement. City Attorney Pam Akin said should inkind services become excessive, a termination provision has been included in the Interlocal Agreement. Commissioner Seel moved to approve the Interlocal Agreement with North Ward School. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #30 - Res. #98-13 - finding Project 98-0225 be approved as a Qualified Applicant pursuant to Sec. 288.106, Florida Statutes; and identifying sources of City of Clearwater financial support of this project and equal Pinellas County support as Local Participation in the Qualified Target Industry (QTI) tax refund program for fiscal years 1998-2004 (commits City to refund 10% of eligible tax refund upon certification by Enterprise Florida)(CM) The Florida Legislature created Florida Statutes, Section 288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund for each new job created. Project 980225 wishes to relocates its Petroleum/Convenience Store Division from Pinellas County to Clearwater, and projects to hire 142 employees over the next 6 years. The QTI program tax refund may not exceed $5,000 per employee. A QTI business may not receive refund payments of more than 25% of the total eligible taxes that were paid by such business as specified in the tax refund agreement in any fiscal year. A 20% local financial participation is required, which breaks down to 10% City of Clearwater and 10% Pinellas County. The City’s maximum funding will be $71,000 over 6 years. It is not anticipated that this will have a fiscal impact during this fiscal year. A funding source will be identified next fiscal year. Pursuant to Florida Statutes Section 288.075 and 288.1066, the applicant for Project 980225 requests to remain anonymous. Assistant City Manager Bob Keller said the applicant proposes to relocate to Clearwater and increase their employee base with the QTI Tax Refund Program. In response to a question, he said there is a minimum of 10 jobs to qualify for expansion under the program. It was noted the increased ad valorem taxes to the City will be more than the tax credit and the School Board will also greatly benefit from this project. Commissioner Seel moved to fund project 98-0225 as a Qualified Applicant for the Qualified Target Industry Tax Refund Program for fiscal years 1998-2004. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-13 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #98-13 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. ITEM #31 - Marine Advisory Board - 1 appointment (CLK) In response to question, the City Clerk responded if a member resigns (an advisory board), the appointment to fill that vacancy is for a full term. Commissioner Seel moved to appoint Eric Spaulding. The motion was duly seconded. Commissioner Clark noted Mr. Spaulding employs a member of his family, but the City Attorney has indicated this does not create a conflict of interest. Upon the vote being taken, the motion carried unanimously. ITEM #32 - (Cont. from 3/5/98) Planning and Zoning Board - 1 appointment (CLK) Commissioner Johnson nominated Otto Gans. The motion died for lack of a second. Commissioner Hooper moved to appoint David Gildersleeve. The motion was duly seconded. In response to question regarding if a conflict exists with nominees that conduct business with the City, the City Attorney said that would not constitute a conflict. Upon the vote being taken, the motion carried unanimously. ITEM #33 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #34 - Res. #98-12 - Demolition Lien - 1012 Palmetto St., Mason’s I. A., Lot 10 (Davis, Moses-Burnett, Moses, Beasley) Due to needing further investigation, this item is pulled. ITEM #35 - Other City Attorney Items - None. ITEM #36 - City Manager Verbal Reports - None. ITEM #37 - Other Commission Action Mayor Garvey gave a report on the Olympic Hospitality Center in Nagano, Japan. Staff is putting together a video of the trip. She said the pavilion had the look and feel of Florida. Over 18,000 visitors attended the exhibition the last weekend. Due to Clearwater’s long-time sister city relationship with Nagano, the Tokyu Department Store gave the City 3,000 square feet of free exhibition space on the fifth floor of their store. The Mayor asked the City Manager to present gifts from Nagano to the City Commission. A cloth throw commemorating the Nagano Winter Olympics was presented to the City. Commissioner Hooper said the Leadership Clearwater Class is delightful. They seem very enthused about where the City is going and asked many good questions. Commissioner Hooper gave a report on the National League of Cities Congressional City Conference in Washington DC. The Internet Tax Freedom Act will not only affect City revenues, but is not fair to businesses that must collect the tax. He encouraged everyone to contact their legislators and oppose this bill. Another pending bill will limit cities’ ability to regulate City rights-of-way. That bill will significantly impact revenues. Other pending legislation relates to persons denied zoning variances in a city can seek recourse in Federal court, without regarding to local zoning laws. Legislation is pending regarding imposition of social security taxes on exempt entities such as government employees. He encouraged everyone to oppose this legislation. The Senate voted to enact legislation for reauthorization of the ISTEA (Intermodal Surface Transportation Efficiency Act) which gives more gas tax dollars to Florida. City Manager Roberto said the City needs to respond when the National League of Cities asks for support or opposition to certain bills. Commissioner Clark thanked Police Chief Sid Klein for the information supplied to the City Commission on handicapped and fire lane parking enforcement. He reported potential revenue in less than 6 months of $18,500 and 539 warnings to educate people to adhere to the laws. A total of 259 violations were reported: 1) 102 for fire lane, and 2) 157 for handicapped parking violations. Commissioner Clark questioned the minutes of the last Parks and Recreation Board meeting regarding the City Manager taking a resolution regarding park names to the City Commission as a worksession discussion item. The City Manager said information will be supplied to the City Commission prior to discussion of that item. Commissioner Seel complimented staff on distribution of election information and informing the public regarding referendum issues. Commissioner Johnson thanked the Mayor for her representation of Clearwater in Nagano, Japan. Commissioner Johnson congratulated Alan Ferri and Lee Brannock for their work on the HUD grant. They received a $224,000 award for the Community Services Foundation Mayor Garvey thanked Mike Meidel of Florida Power Corporation regarding their efforts regarding street lights. Mayor Garvey reminded everyone of the Farmers Market, Saturday in the City at Station Square Park. ITEM #38 - Adjournment The meeting adjourned at 7:51 p.m.