10/01/1998CITY COMMISSION MEETING
CITY OF CLEARWATER
October 1, 1998
Present: Rita Garvey Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Karen Seel Commissioner
Also Present: Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Gwen Legters Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered Commissioner Johnson. 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
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamations:
Natural Gas Week - October 4-10, 1998; Jazz Month - October 1998; Clearwater Jazz Holiday - October 15-18, 1998; Fire Prevention Week - October 4-10,1998; and Hang Up Your Keys ... Don’t
be a S.O.V. (Single Occupant Vehicle) - October 5-11, 1998
ITEM #5 - Presentations - None.
ITEM #6 - Minutes Approval
Commissioner Seel moved to approve the minutes of the regular meeting of September 17, 1998, and the special meeting of September 28, 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
Roy Cadwell complained regarding the increase in utility rates and that residents are billed for services while they are away for the summer.
Rev. William Graham requested the status of improvements to Cherry Harris Park. Staff reported the park is being designed and that this is a high priority.
Deborah Wright requested help in getting something done regarding things needing to be fixed at Greenwood Apartments.
John Doran stated he finds the new Land Development Code draft to have made great strides in making the code more user friendly.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ords. #6337-98 & #6338-98 - Land Use Plan Amendment from Residential Medium to Residential/Office General and Zoning Atlas amendment from Multiple
Family Residential “Twelve” (RM-12) to Limited Office (OL) for property located at 706 S. Ft. Harrison Ave., J. O. Hamilton Sub., part of Lot 9 & Lot 10 (Clearwater Clinical Laboratories,
Inc., LUP98-09, Z98-11)
The applicant is requesting rezoning and land use plan amendment to resolve inconsistencies and bring into compliance the existing use. The subject property has been used as an office
and occupied by the applicant for more than 20 years. The current use would be a permitted use in the proposed OL zoning district. The request is compatible with surrounding property
zoning and use. The 0.23-acre site is not subject to substantive Pinellas Planning Council (PPC) review. The Planning and Zoning Board endorsed the request at their meeting of September
15, 1998.
Commissioner Johnson moved to approve Land Use Plan Amendment to Residential/Office General and OL Zoning for property located at 706 S. Ft. Harrison Avenue, J.O. Hamilton Sub., part
of Lot 9 & Lot 10. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6337-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6337-98 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 6338-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6338-98 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. #6333-98 & #6334-98 - Annexation & RS-8 Zoning for property located at 1704 El Trinidad Drive East, Virginia Grove Terrace, Blk 2, Lot
2 (Scott W. Greer, A98-25)
The applicant is requesting annexation of a single-family residential property to obtain City sanitary sewer service. A sewer line is available in front of the in El Trinidad Drive
East right-
of-way. The Planning and Zoning Board endorsed the request at their meeting of September 15, 1998.
Commissioner Clark moved to approve Annexation and RS-8 Zoning for property located at 1704 El Trinidad Drive East, Virginia Grove Terrace, Blk 2, Lot 2. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 6333-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6333-98 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 6334-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6334-98 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. #6335-98 & #6336-98 - Annexation & RS-8 Zoning for property located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A, Lot
5 (Scott W. & Janice Gitchell, A98-26)
The applicant is requesting annexation of a single-family residential property to obtain City sanitary sewer service. A sewer line is available from the existing manhole at St. Croix
Drive. The Planning and Zoning Board endorsed the request at their September 15 meeting.
Commissioner Hooper moved to approve Annexation and RS-8 Zoning for property located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A, Lot 5. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 6335-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6335-98 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 6336-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6336-98 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 - (Cont. from 9/3 & 9/17/98) Public Hearing & First Reading Ord. #6331-98 - Relating to Land Development Code (LDC); amending Sec. 35.11, various sections in Ch. 40, & 41.053;
and creating Sec. 41.281 to establish standards for the siting, design, maintenance, and use of telecommunications towers and antennas (CA)
The Federal Telecommunications Act of 1996 contains provisions related to local zoning of telecommunications towers, antennas, and related facilities. It is recommended that the City’s
Land Development Code be updated to reflect these federal provisions, as well as to set forth specific design standards for the facilities and to encourage their joint use through collocation.
The current zoning provisions do not specifically address telecommunications towers and antennas; they are treated as “utility facilities” with regard to location and as any other structure
with regard to height, setback, and other dimensional requirements. Language allowing towers as conditional uses in the beach commercial zoning district (Section 40.365) that was inadvertently
included in the Receipt and Referral version has been deleted from this version.
Laura Bellflower, attorney representing PrimeCo, thanked the Commission and staff for adjusting the ordinance in response to industry input.
Commissioner Johnson moved to approve Land Development Code amendments to establish standards for the siting, design, maintenance, and use of telecommunications towers and antennas.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6331-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6331-98 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 - Res. #98-47 - Amending the Community Redevelopment Plan for the Community Redevelopment Area located in downtown (ED)
The proposal from Information Management Resources, Inc. (IMR) for use of the property at 1180 Cleveland Street is compatible to the IMR Global Center. A mixed use designation will
give the developer the flexibility needed to use the site fully. Staff will bring forward, at a later time, a plan for the remainder of the property fronting on Cleveland Street between
Missouri and North Greenwood Avenues. It is anticipated office, residential, and commercial uses will occupy the area.
Assistant City Manager Bob Keller responded to a newspaper article erroneously stating the City had “forced” the AIDS Coalition to move from the subject property.
Commissioner Clark moved to amend the Community Redevelopment Plan for the Community Redevelopment Area for property located at 1180 Cleveland Street. The motion was duly seconded
and carried unanimously.
The City Attorney presented Resolution #98-47 and read it by title only. Commissioner Clark moved to adopt Resolution #98-47 and authorize the appropriate officers to execute same.
The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Seel and Garvey.
“Nays”: None.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #6320-98 - Amending Ord. #6268-98 to correct the future land use designation from Residential Medium to Residential/Office General (P.B. Horizon, Inc., LUP98-03)
The City Attorney presented Ordinance #6320-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6320-98 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 #14 - Ord. #6321-98 - Vacating full East/West right-of-way of Bryant Street (formerly Bryan Avenue) lying 38’ Westerly of Lot 22, Oak Haven Sub., together with that portion of
the North/South right-of-way of Cross Lane lying south of Bryant Street, subject to conditions (Medec / Gaylor Engineering, V98-06)
The City Attorney presented Ordinance 6321-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6321-98 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper, and Garvey
"Nays": Clark and Seel. Motion carried.
ITEM #15 - Ord. #6326-98 - Amending Operating Budget for Fiscal Year 1997-98
The City Attorney presented Ordinance 6326-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6326-98 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 #16 - Ord. #6327-98 - Amending Capital Improvement Program Report and Budget for Fiscal Year 1997-98
The City Attorney presented Ordinance 6327-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6327-98 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 #17-22) – Approved as submitted.
ITEM #17 - Approval of Purchases & Declaration of Surplus per 9/11/98 memorandum:
Volt Information Sciences, Inc., installation of gas mains & services at various location in Pinellas & Pasco County service areas, 10/2/98-9/30/99, est. $436,950 (GAS)
Voyager Fleet Systems, Inc., 2nd & Final Extension, vehicle fuel, 12/1/98—11/30/99, est. $400,000 (GS)
LaFarge Florida Inc., bulk cement, 10/2/98-9/30/99, est. $50,000 (PW)
Oakhurst Construction Corp., replacement of concrete basketball court at Del Oro Park, $28,401 (PR)
M.T. Deason Company, Inc., 2nd & Final Extension, gas materials - PE-2406, polyethelene pipe, 11/7/98-11/30/99, est. $190,000 (GAS)
Xerox Corp., satellite copy machines, services & related supplies (except paper), 10/2/98-9/30/99, est. $80,000 (IM)
Allied Universal Corp., chlorine in 1-ton cylinders, to be used at all WPC facilities & by Water Division, 10/2/98-9/30/2001, est. $420,000 (PW)
Ferrell Gas, propane for resale, 11/2/98-11/1/99, est. $150,000 (GAS)
General Chemical Corp., aluminum sulfate (Alum), to be used at all WPC facilities, 10/2/98-9/30/99, est. $100,000 (PW)
Allied Universal Corp., sulfur dioxide, to be used at all WPC facilities, 10/2/98-9/30/2001, est. $300,000 (PW)
Champion Chevrolet, one 1999 Chevrolet Step Van, replacement, to be used by Solid Waste, $32,267; financing to be provided under City’s Master Lease-Purchase Agreement (GS)
Declare equipment surplus to City needs; authorize disposal through Tampa Machinery Auction, the Pinellas County Purchasing Cooperative auctioneer of record
ITEM #18 - Authorize City to enter into contracts with Fiscal Year 1998-99 Consolidated Plan Subrecipients (HU)
ITEM #19 - Accept third year funding from FDOT for DUI Enforcement Project in the amount $42,669; authorize City expenditure of $42,369 in required matching funds (PD)
ITEM #20 - Contract for Demolition of Commercial Structure - 1707 N. Ft. Harrison Ave., Sonny Glasbrenner, Inc., $46,200 (PW)
ITEM #21 - Appoint Commissioner Hooper as National League of Cities Voting Delegate (CLK)
ITEM #22 - Landscaping & Utility Easement - Barbour-Morrow Sub., Blk A, part of Lot 4 (Pullara)(CA)
Commissioner Hooper moved to approve the consent agenda Items #17 through #22, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #23 - Marine Advisory Board - 1 appointment (CLK)
Commissioner Seel moved to appoint Dr. Safirstein. The motion was duly seconded and carried unanimously.
ITEM #24 - Municipal Code Enforcement Board - 3 appointments (CLK)
Commissioner Clark moved to reappoint Helen Kerwin. The motion was duly seconded and carried unanimously.
Commissioner Hooper moved to reappoint Lawrence “Duke” Tieman. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Joyce Martin to complete a term. The motion was duly seconded and carried unanimously.
ITEM #25 - (Cont. from 8/20/98) Clearwater Housing Authority - 1 appointment (CLK)
Mayor Garvey requested to continue this item to the next meeting.
Commissioner Clark moved to continue Item #25 to October 15, 1998. The motion was duly seconded and carried unanimously.
ITEM #26 - (Pulled from 8/20/98) Environmental Advisory Board - 2 appointments (CLK)
Commissioner Seel moved to appoint Dennis Kellenberger. The motion was duly seconded and carried unanimously.
Commissioner Seel moved to appoint Allan Stowell. The motion was duly seconded. Commissioners Johnson, Hooper and Seel voted “Aye”; Commissioner Clark and Mayor Garvey voted “Nay.”
Motion carried.
ITEM #27 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #28 - Res. #98-48 - Declaring non-ad valorem assessments established by Res. #95-70 relating to the burial of power lines on Sand Key
The City Attorney presented Resolution #98-48 and read it by title only.
Commissioner Hooper moved to adopt Resolution #98-48 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 #29 - Res. 98-50 - Assessing property owners the costs of having mowed or cleared owners’ lots
The City Attorney presented Resolution #98-50 and read it by title only.
Commissioner Johnson moved to adopt Resolution #98-50 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 #30 - Other City Attorney Items – None.
ITEM #31 - City Manager Verbal Reports
Assistant City Manager Bob Keller announced the October 3rd “Farewell to the Atrium.”
ITEM #32 - Other Commission Action
Commissioner Clark reminded everyone of Jazz Holiday, October 15-18. He expressed concern regarding the lack of turnout at meetings regarding the new Land Development Code. Lorenzo
Aghemo, Planning and Development Services Administrator, reported on the notification done regarding the meetings.
Commissioner Hooper reported the presentation at last night’s meeting regarding the Land Development Code was excellent. He said this was a Happy New Year fiscally speaking. He sent
Get Well wishes to the City Manager.
Commissioner Johnson expressed sympathy to the Hahn family in the loss of their son, Eddie.
Commissioner Seel questioned if a response is being prepared to the FAST Alert. Staff responded that this is the case. In response to a question, City Clerk Cyndie Goudeau stated
she is preparing a letter regarding the “Religious Liberty Protection Act of 1998.” Commissioner Seel reported on the visioning meeting held in the Del Oro neighborhood stating it was
very well done and there is excitement in that community.
Mayor Garvey expressed concerns with proposals in the draft land development code regarding front setbacks, separation distances, color requirements, restricting home office space,
and flowering landscape requirements. She reported the Parks and Recreation Department will be decorating the Mayor’s tree for the Festival of Trees. She stated she was not in agreement
with Seminole’s position regarding opposition to a proposed change to the County Charter. She questioned if there was any support to combine the Pinellas Planning Council and Metropolitan
Planning Organization. There was no support. She reported two teachers from Nagano will be visiting and reminded everyone that next year will be the 40th year of the Sister City relationship
with Nagano.
Concerns were expressed regarding proposed legislation of the PPC to control annexations.
ITEM #33 - Adjournment
The meeting adjourned at 7:18 p.m.