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06/18/1992 (2) '.,:;..'. , ~'" '.~,' ~,It,~."..... :~..~..~:,,~..: ~:;.t.~.~',:I:, . , .. \ . ",", ". ". '.'.,,' . I. +', ~.l,. . '. . . . CITY COMMISSION MEETING June 18, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 18, 1992 at 6:00 p.m., with the following members present: Rita Garvey Richard Fitzgerald Lee Regulski Sue Berfield Arthur X. Deegan, II Mayor/Commissioner Vice~Mayor ICommissioner Commissioner Commissioner Commissioner Also present: Michael J. Wright M.A. Galbraith, Jr. Cecil M. Henderson James Polatty. Jr. Cynthia E. Goudeau Sue Diana City Manager City Attorney Assistant Public Works Director Planning and Development Director City Clerk Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the Items will be listed in agenda order although not necessarilv discussed In that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards - None. ITEM #5 - P(esentations Milt Cason, Safety Specialist for the City, presented the National Safety Council's Occupational Award of Commendation in recognition of 3,063,652 employee hours worked in 1991 without a lost-time injury. ITEM #6 - Minutes of the ReDular MeetinD of June 4. 1992 and Soecial Meeting of June 9. 1n2 " Commissioner Regulski moved to approve the minutes of the regular meeting of June 4. 1992. as recorded and submitted in written summation by the City Clerk to each Commissioner and the special meeting of June 9, 1992 as corrected by the City Clerk. The motion was duly seconded and carried unanimously. CCmtg 6118192 1 - ~ '~. .~.~~; . ' I I' , ' '. ..' . , .' . ~ ' " .. ,'. I . I . ' , ." ' , ' . ~I. : ' , ,",' , ,~,. ~', I ,,' ~ . I '". ',.." .. . i' ~ ~ ',;.':, ,', ','" ..<~ . .. , . . . ITEM #7 - Citizens to be heard re items not on the Agenda Vernon Elliott complained the City is indicating he is dellnquent in his rehabilitation loan payments. Laurie and John Wiser requested construction of 8 community center for Countryside be moved forward from its current schedule of 1995. Terry Flowers encouraged citizens to come out and support the Clearwater Bombers. PUBLIC HEARINGS ITEM #8 - Public Heating - Consider declaring DrODertv located at 400 Pierce Blvd.. A.C. Turner's Sub.. Blk 5. N 75' of Lo, 1 and all of Lot 2 (Haven House) as surDlus to City needs for the Duroose of leasina to the Pinollas County Arts Council for the period 6/1/92- 5/31/97 (AS) The Pinellas County Arts Council, a non-profit membership organization, presently leases the City property at 400 Pierce Boulevard, known as the Haven House. Consisting of a two story house with separate garage apartment now used for storage, the property is now leased on a yearly basis for $250 per month. Under the present lease terms, the City performs all exterior, structural and grounds maintenance. In addition, if the present lease terms are observed in future leases, the City would be responsible for bringing the structure into compliance with the access requirements under the Americans with Disabilities Act (ADA). These costs alone could run between $10,000 and $15,000 and would be in addition to other structural maintenance that could be required in the future. The Arts Council has indicated a willingness to assume the complete maintenance and upkeep of the Haven House property including total responsibility for bringing the structure into ADA compliance if they can have the rent abated and can secure a longer term lease to justify their capital investment in improvements which are planned to include installation of a central air conditioning system. The proposed lease agreement with the Arts Council for the Haven House property contains the following major provisions: 1) term is for five years renewable for an additional five years at a nominal $1 per year rent; 2) the Arts Council would perform all structural, exterior and interior and grounds maintenance; 3) the Arts Council will take any and all such reasonable and prudent actions to comply with the Americans with Disabilities Act; and 4) pay any and all taxes on the property. Commissioner Fitzgerald moved to declare surplus, property described as A.C. Turner's Subdivision, Block 5, the north 75 feet of Lot 1 and all of Lot 2, located at 400 Pierce Boulevard and approve lease of this property, known as the Haven House, to the Pinellas County Arts Council for the period June 1, 1992 to May 31, 1997. The motion was duly seconded and carried unanimously. CCmtg 611 BJ92 2 , .' ~ ... t~, 1'.' " , ." , . " .' ~. '. . ~. . . . lTEM lI9 - Public Hearinp & First Readioa Ord. #5~34-92 - Vacating N 6' of the S 10' utility easement Ivino in Lot 74. Grovewood Sub.. less the easterlY 6' (Cole V92-09)(PW) Mr. Cole recently purchased the property from Mr. Hoffman and a subsequent survey shows a pool encroachment. Tho pool structure encroaches approximately 3 feet into the easement and the decking another 2 feet m.o.1. The City has no existing utilities within this easement. The Building Inspector's office reports "the house was built in 1970 and the swimming pool was permittod and built in 1977. There is no record indicating the pool and deck were knowingly permitted within the easement". This request has been reviewed by various City Departments/Divisions concerned and there are no objections. General Telephone has no objection to this request. Florida Power has no objection provided the easterly 5 feet is retained. Vision Cable has no objection provided the southerly 4 feet of the existing easement is retained. Commissioner Regulski moved to approve the vacation of the north 6 feet of the south 10 foot utility easement lying in Grovewood Subdivision, Lot 74, less the easterly 6 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5234-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5234-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays't: None. ITEM #10 - (Coot. from 6/4/92l Public Hearing - Vacating Hart St. r-o-w Iving S of Hart's 2nd Add. to Clearwater. Blk 3. Dart of Lot 8 together with Lots 9. 10 and vacated allev lying between Lots 9 & 10. and N of Jones' Sub. of Nicholson's Add.. Blk 3. Lots 6 thru 8. and Dart of Lot 9 (Gangelhoff/Gulf Marine V92-01 HPW) Commissioner Regulski moved to continue this item to the next regularly scheduled meeting of July 2. 1992. The motion was duly seconded and carried unanimously. ITEM # 11 - Public Hearing ~ Vacatina Dart of ,-o-w of unnamed street lying between Eldorado Ave. and Bav ESDlanade. and northwesterlv of Lot 13 and southeasterlv of Lot 26 (designated as Park>' both of Blk 68. Mandalav Sub. (Latimer V92-08HPW) The applicant has withdrawn this application. No action needed. " CCmtg 6118192 3 . ," '. ,'. . I' " ,I ~. .,.o . . ITEM #12 - Public Hearing ~ Vocatina SDruce Ave.. \ving between Seminole St. and Eldridge St. and E of Lots 14 thru 18. elk 2. and W of Lots 19 thru 21. Blk 3. J H Rouse Sub... (Jimmie V92-07HPW) To be Conti to 712/92 Final details for retaining easements over the vacated street have not been finalized. Commissioner Fitzgerald moved to continue this item to the next regularly scheduled meeting of July 2, 1992. The motion was duly seconded and carried unanimously. ITEM #13 - (Cant. from 6/4/92) Public Hearing & First Readina Ords. #5211-92. #5212-92 & #5213-9~ - Annexation. land Use Plan to low Densitv Residential and RS-S Zoning for property locBted at 1591 Owen Dr., Orange Blossom Sub., lot 6 (Kidder A92-01, LUP92- 07)(PLD) This request is for the annexation of a residential lot addressed as 1591 Owen Drive. The request has been submitted in order to enable the applicant to obtain City sewer service. The lot is contiguous to the City along its rear property line. Presently there is a house under construction on the lot, the building permit for which was issued by the County building department. . The applicant's property is one of sixteen lots forming a County enclave. The property within the City lying to the north and east of this enclave has a land use category of low density residential and is zoned RS-S. The lots to the south of the enclave have the same classifications, while the land further south is City owned and is designated Conservation and zoned OS/R (Moccasin Lake Park). To the west of the enciave are the Clearwater Apartments which have a land use category of low density residential with RM- 8 zoning. Owen Drive is approximately 1300 feet long and runs from S.R.590 south to the north boundary of Moccasin Lake Park. The property along the street has been developed as single family. It is proposed the applicant's property be given a land use category of low density residential and be zoned RS-8, which is the same as the other properties on Owen Drive and Virginia Lane which are in the City. The applicant's lot has a width of 70 feet and a depth of approximately 130 feet and contains approximately 9,000 square feet. These all meet the standards specified for RS-8 zoning. Commissioner Berfield moved to approve annexation, land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 115211-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5211-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey. "Nays": None. . CCmtg 6/18/92 4 . The City Attorney presented Ordinance #5212-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5212-92 on first reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5213-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5213-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski. Fitzgerald. Berfield, Deegan and Garvey. "Nays": None. ITEM # 14 - (Cont. from 6/4/921 Public Hearing & First Reading Ords. #52 1 4~92. #52 15-92 & #5216~92 - Annexation. Land Use Plan to Low Density Residential and RS~S Zonina for property located at 3053 Cherry Lane. Sec. 16-29-16, M&B 22.18 {Oxley/Goodine A92- 02, LUP92-06)(PLDJ This request is for the annexation of a developed residential lot addressed as 3053 Cherry Lane. The request has been submitted in order to enable the applicant to obtain City sewer service. . The lot is contiguous to the City along its front property line. The lots to the north across Cherry Lane are in the City and have a land use designation of low density residential Bnd RS-8 zoning. The lots on the east (vacant) and west (single family residence) of the applicant's are in the County and have a Countywide Future Land Use designation of Urban Low Density Residential (ULDRJ and County zoning of R-2, minimum lot area of 7,500 square feet. The land to the south of the applicant's is in the County. also designated ULDR and is zoned A-E; this property is the site of the Moose Lodge. It is requested the applicant's property be given a Future Land Use designation of low density residential and RS-8 zoning, the same designations as the other properties along Cherry Lane which are in the City. The applicant's property meets the dimensional lot requirements for RS-8 districts. Commissioner Deegan moved to approve annexation, land use plan amendment to low density residential ~nd RS-S zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5214-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5214-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . CCmtg 611S192 5 . "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. "Nays": None. . The City Attornay presented Ordinance #5215-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5215-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Tho City Attorney presented Ordinance #5216-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5216-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITeM #1 ~ - (Cant. from 6/4/92) Public Hearing & First ReadinQ Ords. #5221-92. #5222-92 & #5223-92 - Annexation. land Use Plan to loW Densitv Residential and RS-8 Zqning for property located at 1744 Lagoon Circle West, Clearwater Manor, lot 99 (Chamberlain A91-07, LUP91-08)(PLD) . This request is for the annexation of a developed residential lot addressed as 1744 Lagoon Circle West. The applicants have requested annexation in order to obtain City sewer service. There is an existing City sewer in front of the applicant's lot. The lot is contiguous to the City along its north side and rear property lines. The property is near the center of a developed, residential subdivision. The two lots directly to the south and those to the east of the property are in the County. The County classifies these as low density residential (5.0 u.p.a.) on the Countywide Future Land Use Map and has them zoned as R- 3 (Single Family Residential) which requires a minimum lot size of 6,000 square feet. The lots to the north and west of the applicants' property are in the City. The City'S Future Land Use Plan shows these lots as low density residential and they are zoned RS-8. It is proposed the applicants' property be given the same land use classification and zoning. The maximum density for RS-8 districts is 8 units per net acre. The minimum lot area is 5,000 square feet; minimum width at building setback line is 50 feet and minimum lot depth is BO feet. The applicants' lot is 60 feet wide by 100 feet deep and contains 6,000 square feet. The lot meets the minimum area required in As-a districts and its width and depth are greater than the minimums specified for RS-B. This application involves an amendment to the County Land Use Plan, therefore, it will be necessary to submit the request to the Pinellas Planning Council for Countywide approval after first reading of the proposed ordinances. . CCmtg 6/18192 6 '. . Commissioner Fitzgerald moved to approve annexation, land use plan amendment to low density residential and RS-S zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 116221-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5221-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5222-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5222-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski. Fitzgerald. Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance 1/5223-92 for first reading and fead it by title on~. Commissioner Fitzgerald moved to pass Ordinance #5223-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #16 - (Coot. from 6/4/92) Public Hearinn & First Reading Ords. #5217-~2 & #5218- 92 - land Use Plan to Public/Semi-Public and P/SP Zoning for property located at 861 N. Hercules Ave., R.H. Woodley Sub., Blk 1, part of lot 2 (Sun Bank of Tampa Bay lUP92- 08, Z92-06)[PLO) ~(J~ t:e; A 9':?-bfj This request is for rezoning and reclassification of land use designation of a portion of the former United Travel Schools site. Lot 2 of Woodley Subdivision. The applicant's property is across from the Clearwater Executive Airpark on Hercules Avenue, just south of Palmetto Street. The applicant is requesting P/SP zoning and land use to enable the relocation of the True School to this site. The True School is a private school which provides education for grades Kindergarten through 12. On the County Assessor's map. Lot 2, a part of, which is owned by the applicant, is shown split into two parcels, but there are no records of the property split being approved by the City. The applicant has submitted an application for an administrative lot division along with his request for rezoning. This request is being processed by staff and will need to be finalized prior to the second reading of the ordinances approving the requested . CCmtg 6/18192 7 . change of land use. This request involves a change in the Countywide Land Use Plan and will have to be submitted to Pinellas County for their concurrence prior to second reading of the ordinances. Lots 1, 2 (includes applicant's property) and 3 front on Hercules Avenue and run from Palmetto Street south about 625 feet. All three lots are presently zoned OL and have a land use designation of Residential/Office. Both Lots 1 and 3 are developed with single story office complexes. The southwest portion of Lot 2 has a two story office building on it. The applicant's property, on the north and west portions of Lot 2, has a two story building, parking lot and drainage retention basins. The land to the north of Palmetto Street is designated as industrial on both the City's and County's future land use maps. A little less than 200 feet south of the applicant's property are the Pinewood Village Condominiums, with RM-12 zoning. To the west of the applicant's property, across Hercules Avenue. is the Clearwater Executive Airpark, which has a land use classification and zoning of P/SP. The property to the east of the appticant's is occupied by the Bread of Life Church and has a land use classification and zoning of P/SP. The only zoning classification the City has which permits elementary and secondary schools outside of the Urban Center District is P/SP. Therefore, in order for the True School to relocate to this site. the applicant is requesting the amendments. . At its meeting of May 19, 1992, the Planning and Zoning Board recommended approval of this request. Staff has received three phone calls in opposition from doctors at 901 North Hercules Avenue who are concerned about noise, traffic and lowering of property values. These concerns were presented to the Planning and Zoning Board. David Pletty, attorney representing the applicant, stated staff and the Planning and Zoning Board have considered all the factors and have recommended approval of this request. He indicated there are properties in the vicinity already zoned P/SP. Lillian Quinn, representing Pinewood Village Condominium Association, spoke in opposition to the request stating the area is not appropriate for a school and expressed concern that it would be unsafe for children. A petition opposing the rezoning was submitted. There were also concerns there is no recreation area for the children and rezoning this property would devalue surrounding properties. A question was raised regarding a memo from the Planning and Development Director regarding the setbacks for the property. Mr. Polatty indicated if the property is rezoned, the structure will be nonconforming to setbacks but variances would not be needed as the building already exists. In response to a question, he indicated playgrounds are requited at public schools but those requirements do not apply to private ones. . CCmtg 6118192 8 . . . Mr. Platty Indicated he fait there was a grassy area that will be fenced which will ba sufficient for a playground and that properties should not be devalued. Catherine Honka, owner of the school, indicated this is a secular private school that will be paying taxes. She indicated they will try to accommodate the neighborhood and this location is more desirable than the current location of the True School. Concerns were expressed regarding a nonconformity being created and it was stated that if a school was appropriate in these zones, permitted usas in the OL zone should be changed rather than rezoning the property. Commissioner Regulski moved to deny the request. The motion was duty seconded and carried unanimously. ITEM 1117 - (Cant. frorTI 5/21/92} Variances to Sign Regulations for orooertv (Fortune Federal Savings & Loan Assoc) located at 18401 US19N. Levitz Plaza ShoDoina Center. formerly Grant's Plaza, Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04)(PLD) The applicant is requesting two variances to retain and utilize an existing property identification (pole) sign with 77 square feet of surface area. This pole sign is located along US19 on the Grant Plaza property, north of the main entrance to the plaza. The property is zoned Commercial Center (ee}. The sign in question is an existing 36 foot high pole sign with a surface area of 17 square feet. The applicant proposes to reduce the height to 20 feet (which is the permitted maximum height for this size pole sign in this district) and retain the 77 square feet surface area of the sign. The owners of Grant Plaza have provided a perpetual easement to the applicant for the utilization of the existing 77 square foot pole sign. This easement permits the applicant to maintain the sign and to modify it as long as the size of the sign is not increased. This pole sign is approximately 850 feet from the property owned by the applicant, along the right-of-way of US19 on the north part of Grant Plaza. The City's Sign Regulations permit the applicant to change the message on this sign provided it is not otherwise altered, and to retain the sign until the amortization date of October 13, 1992, at which time it must be removed unless a variance for its continuance has been obtained. The applicant's property has been split from the original development of Grant Plaza by a metes and bounds description. There are no records that indicate official City approval of this property division, therefore it is recognized by the City only if it was divided prior to October, 1982!llli1 it is one of the first two parcels created. The applicant's attorney has provided staff with information indicating the parcel was the 1hir.d. lot created, so it technically can not be regarded as a separate parcel, although the applicant may present other arguments as to why it should be considered separately. If the applicant's property is f1Q1 a separate lot, it is eligible for only an attached business identification sign of up to 48 sq.ft. in area, unless it can get the shopping center CCmtg 6/18/92 9 " . owner to provide it with pole s,ignage for which the center itself is eligible. If the applicant's property WM a separate lot, it would be entitled to 8 pole sign of up to 84 sq.ft. However, the sign would be required to be located on the applicant's property. The applicant has two options for pole signage within the limits of the sign code: 1) Obtain a variance or 2) Regardless whether the applicant's property is considered part of the shopping center or is a separate parcel, the applicant may be able to convince the shopping center owners to allow the applicant's sign as either the center's pole sign or as the center's ground sign. The original development of Grant Plaza excluded the Shell gasoline station on US19 in the center of the shopping center, so, the Shell property is eligible for a pole sign. According to information submitted by the applicant, the Brenton Reef property was the 1iGt metes and bounds lot created prior to 1982, so it is entitled to a pole sign. Under City regulations, the Wendy's property (divided in 1984, according to the applicant), the applicant's property (divided in 1980, according to the applicant) and the New York New York property (never divided - simply a leasehold, according to the applicant) would not be entitled to pole signs, except as part of the pole signs allowed for the center. . The City's Sign Regulations allow additional signage for properties with continuous frontage over 500 feet. Under the current code, the center would be allowed a property identification sign of 156 sq.ft., 24 feet tall and an additional sign (a ground sign) with a maximum area of 24 sq. ft. and maximum height of 8 feet. Under the proposed sign regulations, the center would be allowed a 150 sq.ft., 20 foot tall free-standing sign plus a 75 sq.ft., 16 foot tall auxiliary free-standing sign. The "Countywide" regulations would allow two 150 sq. ft., 25 foot tall signs. Staff finds no justification for what amounts to an additional free-standing sign for the Grant Plaza shopping center. Under current regulations, a second sign for the center would be limited to a ground sign (24 sq.ft., 8 ft. tall) rather than a pole sign (as requested: 77 sq.ft. and 20 ft. tall), so the request is not a minimum one. The property in question is not unique since there are many shopping centers with outbuildings with no free-standing signage. In particular, staff found that various City Code standards for variance approval did not appear to be met. George Greer, attorney for the applicant, stated their position is this is a separate piece of property and was never considered part of the shopping center. He reviewed the history of the property in connection with the center. He stated there is clearly a hardship for this property as it has no frontage on US19. The applicant bought the property along with an easement for the sign. Questions were raised regarding ,if the shopping center has sold signage rights, whether or not that would reduce the amount of sign age they are allowed to have. Elizabeth Waters, representing the owners of the shopping center, indicated they have not assigned any signage rights but rather have granted an easement. . CCmtg 6118192 10 . It was indicated there were problems with other signs on the shopping center property. Mr. Greer stated the 1980 transaction to Fortune Federal had the perpetual exclusive easement to maintain the sign and that the City has long recognized long term leBses as ownership of property therefore, the property on which the sign is located, is owned by his client. It was indicated the mistake was made in that the property was subdivided in 1980 without proper City approvals. Mr. Greer indicated his client did not participate in that mistake. It was also stated the City adopted the new sign code in 1985 which supercedes all previous regulations. Commissioner Regulski moved to deny the requests. The motion was duly seconded and carried unanimously. ITEM #18 - Variances to Sign Regulations for crocertv (Arigato Jaoanese Steak House) located at 26508 US19N. ~ec. 30-28-16. M&B 43.03 (Hinely Associates, Ltd SV92- 07HPLD) . This is a request to allow Arigato Japanese Steakhouse Restaurant (relocating from its location on the west side of US19, south of NE Coachman Road, to the adjoining building to Ramada Inn, US 19 and Countryside Boulevard) to place a second property identification sign along the US 19 frontage, where the sign regulations would require this sign to be placed in proximity to the second major thoroughfare, Countryside Boulevard. The applicant further requests permission to construct a 30 foot high pole sign, rather than the 20 foot maximum height specified in the code. The Arigato sign is proposed to be located more than 150 feet from any other pole sign on the property. The front edge of the proposed pole sign will be setback 5 feet from the property line, as required. The sign could be legally placed within 30 to 35 feet of the proposed sign location, so long as it was oriented to Countryside Boulevard. The sign meets the allowable sign area requirement of 56 square feet. The granting of a variance to the positioning requirement for this additional property identification sign relates directly to the applicant's desire for an increase in the allowable height for the sign. If the sign was placed to be primarily viewable from Countryside Boulevard, no hardship for a height variance would be indicated. Staff review of the site, and the site plan submitted with the application indicate several factors which support this request. First, the restaurant is located on a property on US 19 where construction of an overpass is underway. There is a need for an enhanced ability for businesses to identify themselves in this type of situation. The following five factors should be considered with regard to this request: 1 ) Increased height of roadway: The top of the overpass will be 25 feet above Countryside . CCmtg 6118192 11 . Boulevard at this location; 2) Limited Access: As improvements are made to US 19, vehicular access Is being further limited by the use of service roads and a reduction In the number of entrances to individual properties from US19. The property's access from Countryside Boulevard will be reduced due to the construction of a raised median which wlll eliminate left turns onto and from the property: 3) Countywide Sign Ordinance: Comparison with the Countywide Sign Code requirements: a) One sign per street frontage allowed, maximum 150 sq.ft.: b) Height restriction allows sign to extend 25 feet above a mean height of elevated roadway measured adiacent to subject property. In this case, 8 sign height of 50 feet above grade would be allowed; 4) Competitive Disadvantage: The restaurant is in direct competition with other restaurants located on properties along US19. A competitive disadvantage will likely be created by the construction of the overpass that is not suffered by businesses located away from elevated roadways; and 5) No Increase in Sign Clutter: The sign could legally be located in approximately the same location, but with a different orientation. Staff recommends approval of the request based on the above factors. . Commissioner Fitzgerald moved to approve variances to permit a second property identification sign to be placed in proximity to US 19 rather than Countryside Boulevard, and 10 feet additional height to this same sign to permit a 30 foot high pole sign for the subject property subject to the following conditions: 1) the requisite sign permit be obtained within 6 months of the date of this public hearing: 2) the sign shall be located a minimum of 150 feet from any other pole sign on the property: 3) there shall be not more than two pole signs allowed for this property; and 4) all allowable pole signs on this property shall comply with the sign regulations in terms of area and setback on or before October 13, 1992. The motion was duly seconded and carried unanimously. ITEM #19 - Variances to Sian Reaulations for orooertv located at 21870 US 19N. Clearwater Collection. Second Reolat. Lot 1 (Home Depot USA, Inc SV92w08)(PLD) Home Depot at US 19 and Drew Street is requesting two variances to install a second wall sign on the south side of the building to identify the garden center. On August 15, 1991, the applicant was granted a variance for an additional 48.92 sq.ft. of business signage in order to permit a business identification (attached) sign of 176.92 sq.ft. on the south side of the building. A permit for this sign was issued on September 26, 1991, for a surface area of 175 sq. ft. The present request for an additional 99 sq. ft., if granted, would permit a total of 274 sq. ft. of business identification signage on the south side of the applicant's building. The applicant also has a 185 sq. ft. wall sign on the east side of the building which required a variance for 57 sQ.ft. of additional surface area. Target, also located at Clearwater Collection, had a similar garden center sign variance request. The Commission granted variances to permit Target to construct a second business identification sign of 40 sq.ft. for their garden center. Target's main sign did not require any variances. The Target Store has a l21.Sll of 168 sq.ft. of signage. In contrast, Home Depot requested variances, for its two wall signs, and even though they were asked about a possible sign for the garden center, nothing was submitted for the garden center until now. Staff feels requests for variances to the sign regulations for . CCmtg 6118192 12 ..... . attached slgnage should, wherever possible, be submitted at one time to enable both the City and applicant to understand and evaluate the total slgnage needs of the enterprise. Home Depot has a 12ll!.l of 360 sq. ft. of signage. Staff questions whether the requested size (99 sq.ft.) is a minimum variance request. In checking the site, the sign for Target's garden center (40 sq. ft.) wes easily seen from the parking area and appeared adequate to direct pedestrian traffic to the center. If the Commission decides to approve an added business identification sign, staff recommends Home Depot be restricted to a sign not to exceed 40 sq.ft. Home Deport has received two sign variances for attached slgnage already; the business is clearly marked with a 175 sq.ft. sign on the south side of the building and a 185 sq.ft. sign on the east side of the building, both of which significantly exceed the City and "Countywide" regulations (128 sq.ft. and 150 sq.ft.. respectively). Pam Cox. representing the applicant. indicated the Garden Center is in the far inside corner of the shopping center and is difficult for customers to find. She presented drawings which depicted the current signage and the proposed Garden Center sign. She reported they were willing to go smaller and that upon reflection, the three foot high letters were excessive. .. Discussion ensued regarding the applicant's willingness to go down to 40 square feet and that other similar variances had been granted. It was indicated the variance for the south side of the building was granted due to its large setback from US 19. . Commissioner Regulski moved to approve a variance for a second wall sign of 40 square feet. The motion was duly seconded and carried unanimously. ITEM #20 - (Cant. from 6/4/92) Public Hearina & First Reading Ord. #5193.92 ~ re: seecific floor area standards for certain classes of accessory uses: classifv an individual dwellino unit attached to a hotel/motel as an accessorY use. amendino Sec. 136.008 (LDCA92-06HPLD) The proposed ordinance serves two purposes: 1) establishes a specific percentage of floor area standard for accessory uses; and 2) provides a "bonus", of sorts. for hotel/motel uses when those uses have a residential unit attached as the manager's office. The first purpose is intended to provide a clear standard regarding what constitutes a true accessory use. In the current code. there is no specific floor area percentage associated with accessory use. Consequently; the "accessory" use of property need only be slightly less than the "principa'" Use. This has created problems in which the mixed use formula of the land Development Code (which governs intensity of land use allowed for multiple uses of a particular piece of property) is not able to be applied. The second aspect of this proposed amendment addresses the density of , hotel/motel uses when a residential use is associated with the hotel/motel. In many cases. the smaller motels (in particular) provide a residential unit for the manager of the motel. . CCmtg 6118192 13 . . I ....' '. t . \ '. . '_, ~. .. fir '., , ' . . . This manager's unit Is currently counted in calculating the overall density allowed for the hotel/motel use. The amendment would provide 8 very limited density "bonus" for hotel/motels which have manager's residence. The Planning and Zoning Board recommends approval of this ordinance with three changes to improve the ordinance's clarity. The changes Bre: 1) refer to lIaccessory use or us~~"; 2t make the regulation cumulative for multiple uses: and 3) clarify the language to completely exclude the "manager's apartments" from the 5% requirement so that no limitation on floor area for these residential units occurs. The Development Code Adjustment Board recommends approval. At the May 7, 1992 Commission meeting, the Commission raised concerns regarding the resident manager's unit provision in this proposed ordinance. The Commission wanted to ensure the resident manager's unit could be located anywhere within the same building as the primary office for the hotel/motel, rather than requiring the unit to be directly attached to the office as suggested by staff. This revised language has been included in the draft ordinance, along with other added language regarding rental of the unit and how the unit must be signed to aid in enforcement. Despite this added language, staff continues to recommend the manager's unit be directly attached to the hotel/motel office for improved code compliance and enforcement. A citizen spoke expressing concern that the ordinance did not go as far as the Clearwater Beach Blue Ribbon Task Force recommendation had requested. Specifically, there were concerns that the accessory use be disallowed for hotels of less than 50 units in a resort/commercial zone and there be further density incentives to encourage redevelopment. The Planning and Development Director indicated the incentives are still under consideration and it is hoped to bring those forward within the next fiscal year. Discussion ensued regarding the resident manager's apartment with it being stated there was too much confusion regarding this to go forward with it at this time. Commissioner Regulski moved to approve the amendments in order to bring the item to the floor. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend Ordinance #5193-92 in p!oposed Section 136.008, subsection 5, to delete that portion of subsection 5 beginning with the word "Howevern to the end of the proposed section. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend the title of Ordinance #5193-92 to remove the words "and to classify an individual dwelling unit attached to a hotel/motel office as an accessory use". The motion was duly seconded and carried unanimously. CCmtg 6118192 14 , . . L , I ~.' I '. .. I. . "Ayes": Regulskl, Fitzgerald, Berfleld, Deegan and Garvey. . The City Attorney presented Ordinance #5193-92 as amended for first reading and read it by title only. Commissioner Regulskl moved to pass Ordinance #5193-92 8S amended on first reading. The motion was duty seconded and upon roll call, the vote was: "Nays": None. Public Hearing - Second Reading Ordinanj::9s ITEM #21 - Ord. #5137-91 - Annexation for mODartv located on the W side of McMullen- Booth Rd.. N of the Countryside SDOrts Comolex (Bethel Lutheran Church A91-10) The City Attorney presented Ordinance #5137-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 1/5137-91 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #22 - Or~. #5200-92 - Relating to discrimination in housing: amending various articles and sections within Chaoter 99 . The City Attorney presented Ordinance #5200-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5200-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald. Berfield. Deegan and Garvey. "Nays": None. ITEM #23 - Ord. #5210-92 - Relating to trav~l exoense reimbursement for City officers and emolovees: amending Sees. 27.01. 27.05 and 27 .08: relatinp to definitions. subsistence allowances and use of Drivatelv owned vehicles: reDealing Sec. 27.04 The City Attorney presented Ordinance #5210-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5210-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. "Nays": None. . CCmtg 6/18192 16 '. '. . ITEM #24. OrdL#5~24.92. Reletina to slans: amendlno Sec. 134.011 to orovide for use of temDorarv dlrectiQnBl slans or ~Bnners during malor Dublic works projects or after storm event~ Commissioner Regulskl moved to amend Ordinance #5224.92 on Page 1, In Section 134.01' (g)(2)a, Insert "on the affected roadway" after "each driveway". The motion was duly seconded and carried unanimously. Commissioner Regulskl moved to amend Ordinance 1/5224.92 on Page 2, at the end of Section 134.011(g)(2), Insert the following: c. For the purposes of subparagraph a above. "freestanding directional sign" means any sign supported by structures or supports that is placed on or anchored in the ground and that is independent of any building or other structure, and which exclusively contains information providing direction to or location of any object, place, or area including but not limited to, those signs indicating avenues of ingress/egress. The motion was duly seconded and carrIed uonimously. The City Attorney presented Ordinance 1/5224-92 as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5224~92 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald. Berfield. Deegan and Garvey. "Nays": None. . CITY MANAGER REPORTS CONSENT AGENDA (Items #25-39) w Approved as submitted less 1/37. Agreements ~ Approved. ITEM #25 w Joint Proiect Utilities installation agreement with Pinellas County to Install natural gas mains for the Clearwater Gas System during the widening of Gulf Boulevard for $110,375 (GAS) ITEM 1/26 - Agreement extending lobbvlst service from James C. Massie tor $15,692 plus reasonable and necessary out-ot-pocket expenses (CM) Bids & Contracts w Awarded. ITEM #27 w Contract tor annual license and maintenance renewal for the Finance DIvisIon's Office Automation ComDuter System to Bull HN Information Svstems. Inc., for the period 5/1/92-4/30/93 for an est. $14,895 (AS) ITEM #28 - Contract 'for Bicvcle Path Extension to Barrv L. Mears Construction. lnc.. Clearwater, FL, for $107,000 (PW) . CCmtg 6118192 16 . \:i -(, ~l ,. . . . ITeM #29 . Contract for Traffic Engineering 810" Shop Addition to K & S ConttQctQr~. Ine.. Tarpon Springs, FL. for $14.134.85 tPW) ITeM 1t30 . Contract {<;If Elevated Storag~ Tanks Rehabilitation to Damon Construptiol1 ot Florida. Inc.. for $388.995 tPW) Citizens & Staff Requests. Approved. ITEM #3' . REtQ~est bv Clearwater Festivals. Inc. to waive City fees and charass for the .:I99~ -Fourth of July Celebration" and permission to authorize all celebration vendors IPR) ITEM #~2 - CancellaJian of the August 6 and August 20. 1~92 Commission meetinas and schedule one meetina far August to be held on the 13th (eLK) plafl$ & Plats - Approved. ITEM 1133 - Preliminarv Site Plan for RegencY Oaks Retirement Center located at the SW corner of Union St. and SQule Rd.. Sec. 5-29-16. M&B 21.00 (Sylvan Abbev Memorial Park, Inc.lKistler) (PLO) AecejDt & Referral - Received and Referred. ITEM #36 - Annexation. Land Use Plan Amendroent to Low Density Residentjal and RS-8 Zoning for property located at 1716 Ragland Ave.. Clearwater Manor, Lot 61. 0.14 acre (Wrobel A91-03, LUP91-03)(PLD) ITEM #37 - See OBoe 18 CITY ATTORNEY ITEMS ITEM #38 - Authorize the filioo of a mortaage f.oreclosure action bv the City for p~ooertv at 501 Pennsvlvania Avenue (Betty J. Key. owner) ITEM #39 - Reject Offer to Settle DeSantis Case Commissioner Berfield moved to approve the Consent Agenda as submitted less Item #37 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. CCmtg 6/18192 17 . ITEM #';,7 . Prooosed ordinance to amend Ch. 134 relatlnp to Sipns and Sign Regulations and Sec. 137.005 relatina to definitions (PLD) The City's existing sign regulations have been In effect since October, 1985. The regulations are now proposed to be updated In order to promote standardization with Pinellas County's recently adopted sign regulations. There Is no contemplated change to the sign amortization program nnd there will be a continued requirement that all nonconforming signs be made to conform or be removed by October 13, 1992. The City Attorney distributed a new draft of the sign ordinance. He stated he changed the definition of banner and flag to be consistent with the Countywide code. Commissioner Regulski moved to receive the amendments ordinance and direct the City Clerk to advertise it for a public hearing before the Development Code Adjustment Board and the Planning and Zoning Board. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #40 - Summer Youth ReSDonse (eM) . A Summer Youth Response Team has met to organize a short term response to some of the youth problems that have surfaced in Clearwater. Staif discussed with several private companies. such as Florida Power, Citizens Bank, General Telephone, and several businesses in the Greenwood business area, the possibility of taking youths for a seven week job intership this summer. Approximately 75 private sector, city-paid jobs were generated in initial discussions. The Private Industry Council (PIC) can screen applicants and place them at identified job sites as well as generate pay checks and provide insurance and some training to the applicants and businesses. Secretary of labor, Frank Scruggs. is very interested in a pilot project such as this and will work with the City through Job Services. Meaningful work and experience jobs have been identified in the City as well as private industry. These jobs should be an excellent opportunity to help local businesses while showing them some of the talents of applicants who might not normally apply. These jobs will be approximately 30 hours per week. pay will be minimum wage and Job Service of Florida would work with those not enrolled in school to identify permanent employment and paid training programs after the summer session. The cost for 7 weeks of this program for 130 participants would be approximately $150,QOO, which would be minimum wage plus fringe benefits and insurance or $5.31 per hour and leaves $5,000 for miscellaneous program administration and payroll preparation for the PIC. Eighty percent of the jobs will be available to residents of Condon Gardens and North and South Greenwood, ages 15-21 with first priority going to those 16-19 years old. . CCmtg 6118192 '. 18 .~ . '.' \ "', '. ,':. ~ ~.! , .: " , . J . . I . ~ " .' ',' ....., . ' '. . . . . . . The remaining 20% would go to any Clearwater low-Income resident, ages 15.21 with first priority going to 16-19 year aids. The first priority will be given to Clearwater residents. If slots ars left over, they would be given to residents In the unincorporated areas surrounding North and South Greenwood. PIC wllf provide information on other programs such 8S JUMPSTART and PTEC to those who would more appropriately be served there rather than the short-term Clearwater Jobs Program. Job Service will identify and work with 30 participants for permanent placement. The Urban League and fraternal organizations will help identify and sign up applicants. Additional activities for youths during the summer could be offered. The swimming pool at Holt Avenue could be opened until midnight. The cost of this program would be approximately $12.651 for ten weeks. This would be done with existing part-time life guards and could be mobilized quickly. Ervin's All American Youth Club could be opened from 10 p.m. to 2 a.m. to compliment the basketball and swimming. Additional staff could be added to conduct a summer day camp to take the overflow of 70 children from the area that cannot get into the Martin Luther King program. Although the City does not have exact numbers, extra staff could be from the jobs program and approximately $8.000 to $12,000 would be paid for utilities and supplies depending on the number of children. Additionally, the police LEAP program could be expanded to add three additional aides. The cost would be approximately $5,000 for 10 weeks. The library will be working with CABLE TV to try to set up a video program at the Greenwood Library so that participants could video themselves or learn video taping. Staff will contact churches and other organizations that have buildings and ask that they look at opening up for activities at night and on weekends, especially for 13-16 year aids who ere too old for day camp and generally too young for jobs. Staff will look at long~term strategies via the Summer Youth Response Team for the coming year and this team will be in place if monies are released from congress for the post L.A. Riots Job Program. Kathy Rice, Deputy City Manager, indicated the team attempted to address the unmet needs in the community. She stated they have identified 48 private sector jobs and 132 jobs in the public sector. If the program is approved, applications for the jobs will be: taken at the North Greenwood Substation beginning June 22 through the 26th. CCmtg 6/18192 19 .y, . . . Concerns were expressed that young people from the Condon Gardens area may not be able to get to the North Greenwood Substation. Staff will address this and either provide for transportation or attempt to have counselors at Condon Gardens to assist the youths applying for the jobs. It was stated that concerns regarding 14 year olds have been addressed in connection with child labor laws. The Deputy City Manager Indicated that the private businesses are very excited about the program and the Secretary of Labor has been very cooperative. She stated the purpose Is to provide meaningful work for the youths for 30 hours per week and she requested any other businesses or organizations wishing to assist contact her at City Hall. In response to a question, it was indicated the youths will begin work June 29, 1992. Ervin Harris spoke acknowledging the support of the City and encouraging all to continue to work together. The Mayor thanked the community for their response and the City Manager complimented Ms. Rice on the work she did in pulling the program together. Commissioner Fitzgerald moved to approve the extension of the Holt Avenue Pool hours until midnight at a cost of $12.651: Ervin's All American Youth Club extension of hours and a summer day camp at a cost of $12,000; three aides to the Pollee Department for the LEAP program at a cost of $5,000; and up to $150,000 to the Private Industry Council to establish a public/private partners job program for 130 Clearwater residents. The motion was duly seconded and carried unanimously. ITEM #4' - Preliminarv Site Plan for Bennett Auto Sales located at US 19 and Seville Blvd.. Sec. 17-29-16. M&8 33.03 and 33.04 (Bennett/Shand) (PlD) The subject property is zoned Highway Commercial (CH) and was previously known as the "Maxima Motors Site". The property consists of two separate parcels, "A" (1.79 acres) and "B" (1.72 acres) and is proposed to be two separate business entities under one ownership. Parcel "B" is proposed to be for ~ automobile sales and vehicle service and Parcel "A" for ~ auto sales and service. The applicant has paid separate site plan review applications and fees and has submitted separate concurrency review forms and separate site data calculations to distinguish the two parcels. The applicant proposes to have two separate occupational licenses. Each parcel meets the minimum lot size for the CH zoning district. The applicant proposes to construct a two~story 7,000 sq. ft. building for parts and service and offices on Parcel B and to utilize the existing two-story building for offices and display on Parcel A. The applicant proposes to eliminate one driveway access to US 19 and must obtain approval of all ingress/egress by FOOT. The applicant proposes to have CCmtg 6118/92 20 . one pole sign per parcel to distinguish the separate sa\es/service operations 88 has been done in past situations (I.e. Lokey Oldsmobile, Lokey New Cars, Lokey Used Cars). Any non-conformities associated with the existing signs must be resolved on or before October 13,1992. Both parcels exceed parking requirements and each parcel can operate independently with regard to parking. Staff will require a cross-access agreement to ensure proper internal circulation. Both business entities will be owned by the same parent company but will function in an independent fashion, in a manner similar to some other large scale automobile dealerships on US, 9. The applicant has received approval of a temporary occupational license ttemporary outdoor retail sales and displays) pending action on its application to the Planning and Zoning Board for two conditional uses to permit: 1) outdoor retail sales, displays and/or storage; 2) vehicle service. The conditional use request will enable the owner to operate a proposed business to sell new and used automobiles and perform vehicle service activities on a permanent basis. The Planning and Zoning Board on June 16, 1992 continued the conditional use permit requests to their meeting of June 30, 1992 due to the applicant having been confused with the meeting dates. . In response to a question, the Planning and Development Director indicated it would not be necessary to continue the approval of the site plan due to the continuance of the conditional use applications by the Planning and Zoning Board. He stated the preliminary site plan would be approved conditioned on the Planning and Zoning Board granting the conditional uses. Discussion ensued regarding whether or not the final site plan should come to the City Commission for approval. In response to a question, the Planning and Development Director indicated the surrounding properties were notified of the conditional use applications before the Planning and Zoning Board. Commissioner Regulski moved to receive the preliminary site plan and authorize review of a final site plan by the Development Review Committee (O.R.C.) subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) FOOT approval of the ingress/egress from US19 as delineated on the preliminary site plan; 3) Conditional use permit for outdoor retail sales, displays and/or storage, and for vehicle service be granted by the Planning and Zoning Board; 4) Prior to certification, 8 cross-access agreement shall be recorded; and 5) Final Site Plan approval by the City Commission.' The motion was duly seconded and carried unanimously. " . CCmtg 6118192 21 'I: , ' "..' ~. . "'.., . > . '", r . \. '.' ~ .....~ ~. . ~. l I;- I >"" .' . . .' . }, . . . . ITEM #42 - N1id-vear Budg.et Review IAS) 8. Ord. #5248.92 w Operating budget b. Ord. #5249-92 . Capital Improvement Project budget This report Is based on six months activity (October. 1991 through March, 1992) in this fiscal year, and although In some Instances variances have been noted in revenues and expenditures, some amendments are not proposed until additional data can be analyzed. In the 1991/92 Approved Annual Operating Budget, no cost of living increases and only estimated merit increases were budgeted in the operating budgets of the General Fund departments because union negotiations were not settled when the City Manager's recommended budget was released. No cost of living or merit increases were included in the budgets of the Utility, Other Enterprise or Internal Service funds. During the fiscal year 1991/92 budget process, a Salary Adjustment Fund was established in the General Fund non-departmental budget subject to allocation based upon the union negotiations settlement. At mid year, the operating departments of all funds are recognizing the effects of the 4% cost of living increase and merit increases in all funds and the $930.000 Salary Adjustment Fund is distributed within the General Fund operating departments. The most significant adjustment in all operating budgets of the General Fund is a direct result of recognizing salary adjustments for cost of living, SAMP and merit increases. General Fund revenues are increased $106,332 and savings in operating budgets are $245,699 resulting in a net increase of $352,031 in the transfer to the General Fund surplus. Water and Sewer operating revenues Bre decreased (Water $955,000 and Sewer $2,956,000) reflecting the three year phased-in rate increase. The original 1991/92 operating budget had assumed the full rate increases would go into effect on January 1. 1992. The budget amendments also reflect a budget increase of $972,320 for additional inventory purchase of wholesale water from Pinellas County necessitated by low production fram City wells due to delays in the Well Rehabilitation project. The Gas operating revenues have increased significantly due to the savings reSUlting from ITS and spot gas purchases and increased gas consumption due to the long cool winter. In the Solid Waste Fund, operating revenues reflect a 2 % decrease partially because tourism is down and indications are that commercial pick~up is down due to recycling. The revenue amendment for the Bridge Fund reflects a net decrease from tolls and tokens along with the elimination of the subsidy from the Parking Fund to the Bridge Fund as approved by the Commission. . The mid year amendment reflects a reduction in Marina fuel sales as well as the inventory purchase of fuel for resale due to a reduced cost per gallon of fuel compared to CCmtg 6/18192 22 , '; . . ,I.. ,'~ -. J!.. ,,: . the original cost budgeted. The amendment also includes the transfer of $80,000 to the Capital Improvement project for Marina Sidewalk Replacement which is partially funded from prior year retained earnings of the Marina Fund. The Parking Fund revenues reflect a decrease In parking receipts which can only be explained as 8 result of the slow economy and can be seen In all other enterprise operations. The amendment also Includes a proposed four additional part time beach guard positions to round out the seven day operation at Clearwater Beach and Sand Key Park. The mid year amendment to the Pier 60 Fund reflects the effects of the slow economy reducing both admissions and sales/rental receipts. The Central Insurance Fund reflects an Increase in anticipated revenues of $286,000 for employee life insurance. Also an increase in interest earnings and the transfer of $90,000 from the Special Law Enforcement Trust Fund for the purchase of nine Police pursuit vehicles (approved by the Commission on 1/2/90) is reflected in the Garage Fund. The amendments to the Capital Improvement program tota\ a net decrease of $1,924,123 which includes all revisions to the "Penny for Pinellas" project list which were approved by the Commission on February 6, 1992, numerous Capital Improvement budget increases, and Capital Improvement budget transfers and decreases which are included in the detail amendments. . The City Manager reported additional amendments will be made to reflect the expenditures approved for the Summer Youth Response (Item 1140). Commissioner Fitzgerald moved to approve the mid-year budget amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5248-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5248-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski. Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5249-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5249-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. "Nays": None. . CCmtg 6118192 23 . 'Te":,, 1/43. First Read/no Ord. #5237.92. extendino term of franchise with GTE. Florida bv SIX months to 12/31/92 (AS) The franchise agreement with the General Telephone Company tGTE) expires July 1, 1992 at the end of a six month extension. Ordinance #51 60-91 approved and adopted by the Commission on Oecember 19, 1991 had extended the franchise with GTE for six months. The franchise agreement permits the GTE telecommunications company to use the City rights of way for the placement and operation of its systems. In return, the City receives a 1 % franchise fee based on GTE local service revenues. That fee base yielded revenues to the City of $182,888 for FY 1990 and $196,500 for FY 1991. The City has held three .discussions with GTE. Extensive delays continue to be experienced in obtaining aU of the information necessary to these discussions. Both the City and GTE have presented their initial draft franchise agreements. Examination of the positions indicates successful discussions can not be completed before the expiration of the franchise agreement on July 1. Negotiations may require another three to six months. Ordinance #5237-92 would extend the term of the present franchise agreement with GTE six months from July 1 to December 31, 1992. GTE has agreed to the franchise extension. . Commissioner Berfield moved to approve the extension of the GTE Franchise term for an additional six months. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5237.91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5237-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey. "Nays": None. ITEM #44 - Res. #92-36 - Demolition lien for Drooertv located at 911 N Ft. Hatrison. Nicho\son's Addition. elk 3. Lot 2 lPLD) Property located at 911 North Fort Harrison Avenue was inspected by the Building Division and found to be unsafe. The owners were notified by Certified Mail of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. It should be noted the waiver that was accepted and signed by the property owner precludes the City from collecting the full cost of the demolition. The waiver limits the total allowable costs to be collected from the property owner to $1,500 while the actual demolition cost is $2,149. This difference is due to a staff error; administrative . CCmtg 6/18192 24 " , . procedures and standard waiver language have been changed to avoid future errors of this sort. The City Attorney presented Resolution #92.36 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll ceU, the vote was: "Aves": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The meeting recessed from 8:06 p.m. to 8:17 p.m. ITEM #45 - Purchase of Sun Bank Building located at 601 Clevelansf St. for $9.8 million Dlus closina costs (eM) . This item was continued from 8 special meeting of June 9, 1992. The City Manager stated he is proposing the purchase of this building as he feels it is of sufficient size to meet the City's current needs as well as those of the future, that it will allow the consolidation of four city facilities as well as alleviating some of the crowding problems in the Police Department. The building is in the core of the downtown area. It can be purchased for $9.8 million and it is believed that after four and 1/2 years, the revenues received from leases in the building will be $1.6 to $2.6 million which reduces the true acquisition cost of the building to $7 or $8 milUon. If the building is purchased, $900,000 in costs can be avoided in repairs to the existing facilities and $200,000 a year can be saved in operating costs. Immediate development of the annex site can take place as those employees will be relocated. The building can be purchased from existing cash . resources. One citizen complained regarding the location of this item on the agenda being too late in the meeting. One citizen questioned whether or not it was certain that all ADA requirements could be met in the Sun Bank building. Nine citizens spoke in opposition to the purchase expressing concerns regarding the need for a new City Hall, whether or not the Sun Bank building was the proper image for a new City Hall" the impact of this purchase on property taxes, the need to include a City H~II project as a capital item in the budget, that the price of the building is too high, that renovating the Sun Bank building to fit the City'S needs would be too expensive, that the building is energy inefficient, that it would be dangerous in the case of a storm, that the building is too big and that Penny for Pinellas monies should not be used for this purchase. Ten citizens spoke in support of the purchase stating that consolidation of the four facilities would be beneficial to the citizens, the building will address the need to meet ADA requirements, it would help stimulate downtown, will allow development of the East . CCmtg 6/18/92 25 . End project, the price of the building and revenues generated by the le8ses in the building make it a good deal for the City, excess space could be continued to be leased by the City for continued revenue, there was no need to build another bUilding when there are vacant buildings already available, estimates to build a new City Hall have not included soft costs and space needs have not been accurately recalculated and that the City Hall should be the centerpiece of downtown. Discussion ensued regarding the purchase of this building. Opinions were expressed the building is too big, did not meet the City'S needs, was too expensive and energy inefficient and it would be better to build a new City Hall than to try and accommodate City employees in this building. Opinions were also expressed that the purchase of this building would help revitalize downtown, would present the proper Image for the City of Clearwater, would allow more rapid movement toward the development of the annex property and Is 8 good deal. Commissioner Regulskl moved to deny the purchase of the Sun Bank building. The motion was duly seconded and upon the vote being taken: Commissioners Aegulski, Deegan and Berfield voted "Aye"; Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried. . Commissioner Regulski moved to direct staff to immediately pursue the process to select an architect to start the process of constructing a new City Hallin the downtown area bounded by Myrtle Avenue on the east, the water on the west. Court Street on the south and Drew Street on the north, that there be a review of the space requirements with the objective to move in to the new City Hall within 2 and 114 years. The motIon was duly seconded and carried unanimously. The meeting recessed from 10:15 p.m. to 10:25 p.m. ITEM #46 - Acceot the Mass Task Force recommen~ation regardIng entsrlna Into negotiations with the Florida Gulf Coast Art Center (eLK) The City Commission received the Maas Brothers Task Force report at its meeting of June 4, 1992. After several months of meetings, gathering information and receiving public input. the Task Force recommended the City enter into negotiations with the Florida Gulf Coast Art Center to pursue their propo.sal for use of the proporty. The Art Center wishes to relocate to the Maas Brothers site as it has outgrown its current location in Belleair. The Art Center made a presentation regarding Its proposal to the Commission at the June 15, 1992 Work Session. Also in the Mass Brothers Task Force report were issues they felt should be included In the negotlations. They are: 1) Whatever portion of the 3.8 acre site west of and not needed for the Art Center facility be made into parkland; 2) Any expense Involved in the demolition of the existing building be borne by the Art Center; 3) Title or control of . CCmtg 6/18192 26 . the land remain with the City; 4) A civic room/auditorium that will hold at least 600 people In 8 banquet setting be included; 6) A public restaurant with a water vista with a capacity that would qualify it for a bear and wine license be included; 6) The City and Art Center consider providing 0 transportation hub on site (not construed to be the responsibility of the Art Center). Accessory to those recommendations but not necessarily a part of the negotiations, the Task Force further recommended: 1) if negotiations with the Art Center faU. the building be torn down and the site put to public use and/or parkland use; 2) The vista on the south side (Cleveland Street frontage) be opened in accordance with City Code; 3) The SE corner of the site be used by the City for access between Cleveland Street and Osceola Avenue to Include the closing of Drew Street on the W side of the Maas Brothers property and the expansion of Coachman Park; 4) More specifically. Drew Street be closed south of the turn basin (where Drew Street becomes NISI and Coachman Park be extended to the water; 6) The property remain with the Community Redevelopment Agency (CRA); 6) whatever recommendation is put forward by the Commission or eRA be subject to referendum. . The CRA, after receiving the Task Force report on June 1, 1992, voted to indicate to the Commission its desire to relinquish ownership of the property. The Commission has directed staff to bring forward the necessary actions to transfer ownership to the City. That is the subject of a separate agenda item. If this item is approved. the City Manager will initiate negotiations with the Art Center. Staff has already notified the Supervisor of Elections of the possibility of a ballot question regarding this site being on the October 1, 1992 primary ballot. This request can be withdrawn. A request to be on the November 3, 1992 ballot would need to be submitted in July. A question was raised regarding whether or not this site could now be considered for the construction of a new City Hall. Consensus of the Commission was not to do so as it was felt this site should be used more for cultural activity. Discussion ensued regarding whether or not to include all the accessory recommendations along with the primary recommendation and what direction to give staff in the negotiations with the Art Center. Opinions were expressed that it should be attempted to generate some revenue out of the facility with other opinions being expressed that an Art Center without B public subsidy would be a good deal. Commissioner Regulski moved to endorse Mass Brothers Task Force recommendation and authorize the City Manager to commence negotiations with the Florida Gulf Coast Art Center for their use of the Downtown Maas Brothers site with it further being expressed that this approval does not commit the City to the Art Center on this site. The motion was duly seconded. .' CCmtg '\ 6118192 27 . Questions were raised regarding whether or not an Interim use should be addressed at this time as it could take 2 to 3 years for the Art Center to complete their plans. GiI McArthur, representing the Art Center, stated that while the Art Center needed to raise the funds for the construction, that it was not known how long this would take. Ken Hamilton, representing the Chamber of Commerce, requested that an Isolated decision not be made and that in endorsing negotiations with the Art Center. the door be left open for a better deal. A citizen spoke in support of using the building on a short-term basis In order to bring revenue into the City. Mr. McArthur indicated that if the Commission voted to authorize staff to enter into . negotiations with the Art Center, the Art Center would move "full steam" ahead and if they could raise the funds in a shorter period of time, they would do so. They would like to be able to construct the facility on this site as soon as possible. Bob Timmony, representing the Clearwater Artist League. stated that if the building were renovated, they would be willing to go in as leasees to use the building in the short~ term. He stated they would form a cooperative of art groups to use the facility. He also reported that the Florida Gulf Coast Art Center has indicated they would offer space to the artist league in their future building. . Upon the Y9.1e. being taken on the motion to endorse the Task Force recommendation and authorize staff to enter negotiations with the Florida Gulf Coast Art Center, it carried unanimously. Discussion returned regarding what to do with the building in the interim. Two citizens spoke in support of using the building for the artist league in the interim. Discussion ensued regarding how to use the building in the interim and it was the consensus of the Commission that if someone was willing to use the building as is and not require the City to expend any more money on the building, that they be allowed to use the building. It was the consensus for the City Manager to promote using the building as is. ITEM #47 - Purchase of Maas Brothers orODerty from the Community Redevelooment AgencY (eRA) for $1.926.710 Dlus closina cost~ (elK) In December 1991, the Commission assigned the contract to purchase the Downtown Maas Brothers site to the eRA. The CRA, after receiving the Maas Brothers Task Force report on June 1, 1992, voted to indicate to the Commission its desire to relinquish ownership of the property. The proposed purchase price of $1,926,710 is the eRA's actual investment in the property, which includes closing costs, title fees, appraisals and survey fees. . CCmtg 6118192 28 . .' . ' ,'. " .' . '. . . ). '. . ~ . .. . '. . . Funding for the City's purchase will be provided as follows: Liquidation of interfund loan to the CRA - This amount has already been budgeted from Penny for Pinellas infrastructure tax collections in fiscal 1992 - $1.300,000 Interfund loan from the Central Insurance Fund. bearing interest payable annually at the cash pool rate. to be repaid from proceeds of the sale or lease of the Maas Brothers property, or out of Penny for Pinellas infrastructure tax collections on or before fiscal 1999, whichever is available first. Annual interest to be budgeted and paid from General Fund non-departmental expenditures - $600,000 Penny for Pinellas funds currently available due to return of unspent balances in various CIP projects - $26,710 Total Purchase Price - $1,926,710 Until a final decision is reached regarding ultimate disposition of the property, ongoing property maintenance expenses (estimated to be less than $1000 per month) will be charged to General Fund non-departmental expenditure codes. The mid-year budget review will incorporate all necessary amendments to provide for estimated maintenance, interest and acquisition funding as described above. The CRA will have to act to accept this offer prior to the transaction becoming final. . Commissioner Regulski moved to authorize the purchase of part of Lot 3 & all of Lots 4 & 5, Edward Mill's Subdivision and part of Lots 1, '-A & 2, Rompon's & Baskin's corrected map of Causeway Business District, commonly known as the Downtown Maas Brothers site, from the Community Redevelopment Agency for a price of $1.926,710 plus customary costs. The modon was duly seconded. Discussion ensued regarding the funding sources and whether or not the CRA should be reimbursed for all costs expended on the Maas Brothers property inCluding operating costs during the time the eRA owned the building and staff timB for the Mass Brothers Task Force meetings. It was indicated the eRA reimburses the General Fund for the Economic Development Director's salary, however, a great deal of other staff members' time was not expended on the Mass site. It was suggested the policy requiring the CRA reimburse the General Fund for all costs for projects benefiting the CRA be reviewed. Upon the vote being taken upon the motion, it carried unanimously. ITEM #48 - Other Pending Matters - None. . CCmtg 6118192 29 . CITY ATTORNEY REPORTS Resolutions ITEM #49 ~ Res. #92~~7 ~ Authorizing fire chief to petition Pinellas County Construction Licensing Board for building code amendment regarding automatic fire sprinklers The City Attorney presented Resolution #92~37 and read It by title only. Commissioner Regulski moved to pass and adopt Resolution #92~37 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #50 - Res. #92-42 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #92-42 and read it bV title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-42 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey. . "Nays": None. ITEM 1151 - Res. #92-43 - Designating areas adversely affected by major public works construction projects or by major storms wherein temporary signs may be erected The City Attorney presented Resolution #92-43 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-43 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #52 . Other City Attorney Items. None. ITEM #53 . City Manager Verbal Reoorts The City Manager reported he had closed Pier 60 today due to seven additional structural elements failing. He stated it will cost between $20,000 to $25,000 to repair . and take 2 to 4 weeks. He stated that under the current timeframe, construction on the new Pier is scheduled to begin in November. '. CCmtg 6118192 30 Concerns were expressed that the Pier is very important to tourism and this would be the busy time of year for the Pier. . Discussion ensued regarding whether or not the expenditure should be made in order to repair the Pier to open It prior to It being demolished for the new Pier. Discussion ensued regarding the funding source that would be used and consensus was if the repairs are approved, the Special Development Fund should be used. Commissioner Regulski moved to approve the repairs of up to $25,000 for Pier 60. The motion was duly seconded and carried unanimously. ITEM #54 - Other Commission Action Commissioner Fitzgerald reported another meeting of the County Charter Review Committee would be held on June 19 at 2:00 p.m. Commissioner Regulski questioned whether or not the Commission wished to take a position regarding the issues before the State, in particular, those that wou\d impact revenues to the City. . EUzabeth Deptula, Assisant City Manager, indicated staff has already been corresponding with the Legislature regarding those issues which cause concern to the City. She stated there was good news in that the Solid Waste legislation had failed. She expressed concern regarding some proposals that would affect the way in which the City is able to lease-purchase capital items. Consensus of the Commission was for separate letters to go out regarding those issues which are causing concern to the City. The Mayor questioned whether or not the Commission wished to provide direction to the City Clerk based on a memo received from her regarding the Neighborhood Advisory Committee's request that CDSG ads be placed in the St. Petersburg Times. The City Clerk's concern is the Times is much more expensive than the Tampa Tribune and the Commission has provided direction in the past that the Tribune be used. Concerns were expressed regarding the ability to reach the people and it was tha consensus that the Tribune continue to be used with efforts being made to reach, additional people through media releases and posting of the notices in the neighborhoods. The Mayor indicated that there were some things contained in the letter from the Sand Key Homeowners Association that the City should consider doing. The City Manager indicated that the landscaping would be considered once the widening project of Gulf Boulevard is completed. The Mayor indicated staff is already looking into additional trolley service and is addressing the FEMA legislation. . CCmtg 6/18192 31 . In response to a question, Kathy Rice, Deputy City Manager, Indicated that PSTA Is behind schedule In responding to the City Commission but will do so as soon as possible. Commissioner Berfield questioned how the Commission wished to respond to the tetter from the Environmental Advisory Committee. Consensus was to put this on for Commission discussion at the next work session. She questioned the status of the sewer pipe which needs rehabilitation along the bay. It was indicated details in the settlement are still being worked out. Commissioner Berfield questioned whether or not there was any update regarding the flood bill and Ms. Deptula Indicated there was no new Information at this time. Commissioner Deegan thanked the City Manager and City Clerk for their response regarding faxing the agenda coversheet and indicated he is looking forward to the completed report. He expressed concern regarding the point made by one of the citizens during the Sun Bank discussion regarding the location of that item on the agenda. The City C\erk indicated that the basic categories are set by the Commission and she uses her judgment in the placement of items within those categories. It was the consensus to discuss the agenda order at the next work session. ITEM #65 - Adjournment The meeting adjourned at 11 :29 p.m. . ATTE;~:. rJ~ ~. !d- D. .~Clerk . CCmtg 6118/92 32 -.I .t. . CITY COMMISSION SPECIAL MEETING June 29, 1992 The City Commission of the City of Clearwater met at City Hall, Monday, June 29, 1992 with the fonowing members present: Rita Garvey Richard Fitzgerald Lee Regulski Sue Berfield Arthur X. Deegan, II Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: Michael J. Wright M.A. Galbraith, Jr. Cynthia E. Goudeau City Manager City Attorney City Clerk The Mayor called the meeting to order at 9:01 a.m. ITEM #2 ~ Resolution #92-45 - Aoorovina the Pinellas County Metrooolitan Plannina Oraanization Membershio Reaooortionment Plan and aoreeing to be a member in conformance with the olsn . The Pinellas County Metropolitan Planning Organization (MPO) approved a reapportionment plan at their meeting of June 10. 1992 which provides for the addition of two members. This would include a rotating member who would jointly represent the cities of Tarpon Springs, Safety Harbor and Oldsmar and a representative from the Pinellas Suncoast Transit Authority (PST A). Under previous State law, the addition of a municipal representative would have required the addition of another County Commissioner, as the law required that at least 33 and 1/3 percent of the MPO membership be County Commissioners. Current State law allows a reduction in County Commission representation from 33 and 1/3 percent to 25 percent when a transit representative is appointed to the MPO Board. Thus, the MPO Plan provides for the appointment of a PST A representative as a means of accommodating the North County appointment without adding a County Commissioner. The rotating member from the north County cities, along with the PST A representative will bring the total voting membership to eleven. The City of Clearwater approved a resolution endorsing the current nine member board however, that action is invalidated by the approval of the Plan to add the new members. Resolution #92-45 will approve the MPO's membership reapportionment plan and have Clearwater agree to be in conformance with the plan. "' . CCspmtg 1 6129192 e\ Commissioner Regulski, Clearwater's MPO representative, reported on how appointing 8 PST A representative to the MPO allows the appointment of another municipal representative without Increasing the number of County Commissioners on the MPO. He stated Oldsmar, Safety Harbor and Tarpon Springs will rotate membership on the MPO. In response to a question, It was indicated this reapportionment plan still needs to be approved by the governor. The City Attorney presented Resolution #92-45 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-46 and euthorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #3 - Adiournment The meeting adjourned at 9:06 a.m. A.-Q~~ . t< .', .'~. " . . CCspmtg 2 " 6129/92 . . ;",: ". ',\: '., :l,:}: