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07/16/1992 (2) . . . CITY COMMISSION MEETING July 1 6, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday. July 16, 1992 at 6:02 p.m., with the following members present: Rita Garvey Richard Fitzgerald Lee Regulski Sue Barfield Arthur X. Deegan, II Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: Michael J. Wright M.A. Galbraith, Jr. William C. Baker James Polatty. Jr. Cynthia E. Goudeau Mary K. Diana City Manager City Attorney 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. The invocation was offered by Father Keith McKee of Light of Christ Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not nocessarily discussed In that order. ITEM #3 - Service Awards 1 service award was presented to a City employee. ITEM #4 - Introduction~ and Awards - None. ITEM #5 . Presentations \, i a) Alan Bombstein reivewed the history of the Charles Wharton Johnson Pavilion. He presented the 1992 Florida Design Architectural Award recently bestowed on the Pavilion and indicated it would be mounted on the structure. b) Jim Massie, City Lobbyist, reviewed the recently concluded legislative session and its impact on the City. CCmtg 7/16/92 1 ~ ... , . '" : '1", > " l .' ~,~ . . ~ . . . ITEM #6 - Minutes of tho Ret)ular Meeting of Julv 2. 1992 and the Scecia) Meetina of Julv 7.1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of July 2, 1992, and the special meeting of July 7, 1992, as recorded and submitted In written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM 117 - Citizens to be heard re items not on the Aaenda David Little, Nancy Simmons and J.B. Johnson, members of the former Maas Brothers Task Force, spoke in opposition to placing a new City Hall on the Maas Property. They spoke In support of negotiations with the Art Center. Steve Fowler requested reconsideration of a second level observation deck on the new Pier 60 and that pavers be used for the deck. William Sterrett suggested a second look at the best use for Maas Property be taken. He suggested the current City Hall site be considered for the Art Center. Jay Elliott provided documents he feels proves wrongdoing by City employees regarding his rehabilitation loan. He requested the blemish on his credit record be removed. Bob Bickerstaffe and Steve Saliga, members of the former Maas Brothers Task Force, spoke in favor of considering the Maas property for a new City Hall, combining it with an auditorium. Mr. Saliga cautioned all to be on guard for possible crimes. John Badeau cautioned that meeting ADA requirements is a serious issue upon which the City needs to be taking action. PUBLIC HEARINGS ITEM 118 - Declare DrODertv located at 25 Causeway Blvd.. Clearwater Marina SliD 11153. City Park Sub.. Lot 1 0 as suro1us and aoorove the extension of a lease Aareement with Brad Young and Charles Pollick. d/b/a Bait House for the Deriod 1 0/1/92-9/30/97, for the total sum of $30,000 plus an additional amount of 8% of monthly gross sales exceeding $10,000 (MR) Brad Young and Charles Pollick were assigned the Bait House Lease Agreement on January 12, 1988. The lease agreement extended a first option to the lessee to renew for an additional five year period, using the same terms and conditions, subject to the City and lessee negotiating in good faith a new rental rate and subject to the lessee not being in default under the terms and conditions of the lease. Mr. Young and Mr. Pollick have spent approximately $22,000 for improvements and repairs to the Bait House. The current lease agreement calls f~r a fixed monthly rental CCmtg 7/16/92 2 ,. , . ~.. " ,.' .. . .' ., ~ I ~'" . , I .. ' ~ \ ...... . , < . ., . Ij .. 1. .", '. , . . . ..". ... .' . . . payment of $400 plus tax, with an additional amount equal to 8% of monthly gross sales exceeding $9,000. The Extension of Lease Agreement Increases the fixed monthly rental payment to $500 plus tax, with an additional amount equal to 8% of gross sales exceeding $10,000. All other terms and conditions shall continue In full force and effect. Commissioner Fitzgerald moved to declare the subject property surplus and approve the lease agreement extension with Brad Young and Charles Pollick d/b/a Bait House. The motion was duly seconded and carried unanimously. ITEM #9 M Public Hearino & First Readino Ords. #5238M92. #5239.92 & #5240.92. l\nnexation. Land Use Plan Amendment to Low Densltv Residential and RS-B Zonlna for property located at 1308 Springdale St., Pine Ridge Sub., Blk C, Lot 12, 0.14 acre (Willie & Bertha King A92-04, LUP92-09)(PLD) The applicant requests annexation in order to obtain City sewer service. The applicant's property is contiguous to the City on its east and south sides. The lots to the east along the north side of Springdale Street are in the City and have a Future Land Use Classification of Low Density Residential and RS.8 zoning. It is proposed to assign the applicant's property these same designations. The Planning and Zoning Board recommended approval of this item on June 30, 1992. 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. Commissioner Berfield moved to approve the annexation, land use plan amendment to low density residential and RS-8 zoning for the subject property. The modon was duly seconded and carried unanimously. The City Attorney presented Ordinance #5238-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5238-92 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 #5239~92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5239-92 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 #5240~92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5240~92 on first reading. CCmtg 7/16/92 3 " . . . The motion wes duly seconded and upon roll call, the vote was: "Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #10 - Public Hearino & First Readina Ords. #5241-92. #5242-92 & #5243-92- A[mexatlon. land Use Plan Amendment to Low Densltv Residential and RS-8 Zonina for property located at 1843 West Dr., Suban's Sub., part of lots 23 & 24, 0.18 acre (David & San King A91-06, LUP91-07)(PLD) The Initial request for annexation was submitted by the then owner-builder. Mr. Ferris, In order to obtain City sewer service. He has since sold the property to David and San King who have submitted a petition confirming the request for annexation. The applicant's property has been connected to the City sewer and water main in front of their property. It Is the City's policy to require annexation for contiguous properties which receive City sewer service. The County's Future land Use designation for this property is low Density Residential. The lot is contiguous to the City on its north, west and south property lines. The lots surrounding the applicants' lot are all in the City and have a Future Land Use designation of Low Density Residential and are zoned RS-8. It is proposed to give the applicants' property these same designations. The Planning and Zoning Board recommended approval of this item on June 30, 1992. 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. Commissioner Deegan moved to approve the 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 #5241-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5241-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5242-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5242-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. CCmtg ., 7/16/92 4 '/(.~ , 'I, ' " ' , "...., . . . "Nays": None. The City Attorney presented Ordinance #5243.92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5243.92 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 # 11 - Pub.lic Hearina & First Reading Ords. #5244.92. #5245-92 & #5246-92 - Annexation. Land Use Plan Amendment to Low Densitv Residential and RS-6 Zoninp for property located at 1457 Dexter Dr., Douglas Manor Lake Sub., Blk A, Lot 21,0.23 acre (Johnson A91.04, LUP91.05)(PLD) The applicant is requesting annexation in order to obtain City sewer service. The subject lot, addressed as 1457 Dexter Drive, fronts on Dexter which is in the County but the lot across the street, 1454 Dexter Drive is in the City. The portion of Dexter Drive between the two lots will be annexed into the City together with the applicants' property; the areas of the street and applicants' lot are contiguous to the City. The lots to the north, east and south of the applicants' lot lie in the County and have a land use designation of l('lw Density Residential and are zoned R-3. The lot across the street to the west of the applicants' lot is in the City and has a Future land Use designation of low Density Residential and RS-6 zoning, the same as what is proposed for the applicants' property. The Planning and Zoning Board recommended approval of this item on June 30, 1992. 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. Commissioner Regulski moved to approve the annexation, land use plan amendment to low density residential and RS-6 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 115244-92 for first reading and read it by , title only. Commissioner Regulski moved to pass Ordinance #5244-92 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 #5245-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5245.92 on first reading. The motion was duly seconded and upon roll call, the vote was: CCmtg 7/16/92 5 . , . '\ .... ". " :';'..:: .l.',:."~':""~:" ."~.'L:~ ,: T..,'.,' ,',' .', :} , ,~.,..t ::." .; . . . "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance 115246-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 116246-92 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 1112 - Public Hearina & First Reading Ord. #5250-92 - Vacating the W 3' of the 10' utilitv easement Ivine alona the E side of Lot 8. East Druid Park. less the N 5' and the S 3' (Doffermyre V92-14) (PW) The applicant's house encroaches approximately 2.8 feet into the existing easement. The applicant is requesting the west 3 feet of the existing easement be vacated to eliminate the structural encroachment. This request has been reviewed by the City departments and divisions concerned with vacations. The Building Official reports "the house was permitted and built in 1958". This house was constructed prior to the recently instigated process whereby impending encroachments are more readily discovered and precluded. The City has no existing utilities within this easement. Florida Power, General Telephone and Vision Cable have no objection to this request. Commissioner Fitzgerald moved to approve the subject vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5250-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance 115250-92 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 #13 - Public Hearina - Vacating the W 6.4' of the E 20' drainaae & utilitv easement Ivina in lot 35. Woodaate of Countryside Unit Two. less the S 0.7' and the N 21 .7' (Albright V92-11) (PW) The applicant's pool structure encroaches approximately 2.2 feet into a 20 foot easement. The decking encroaches another 4.2 feet m.o.l. The applicant is requesting the City vacate the west 6.4 feet of the 20 foot easement. CCmtg 7/16/92 6 .; . . . The City has an existing 31 inch by 50 inch corrugated metal storm pipe lying partially under the decking. The edge of the pipe Is approximately 3.5 feet from the pool. The depth of this pipe is approximately 6 feet. If repairs and/or replacement of the pipe is needed, the City will require approximately 10 feet of work area on each side of the pipe. The City has no water, gas or sanitary sewer mains within this easement. This request has been reviewed by the City departments and divisions concerned with vacations. The Engineering Division objects to the vacation. The Building Official reports "the house was permitted and constructed in 1974, the swimming pool permitted and constructed in 1976. There is no record of the pool and deck knowingly being permitted to be built in the easement". This pool was constructed prior to the recently instigated process whereby impending encroachments are more readily discovered and precluded. All other departments concerned and the three utility comoanies have no ojections. The Public Works Director recommends this request be denied. The City Manager reiterated the recommendation is to deny the request due to the storm drain being under the decking. Harold Wilson, attorney representing the applicant, stated the pool has been there for sixteen years without a problem and it is his understanding other pools also encroach into the easement. He requested the easement be vacated up to the pipe. William Baker, Public Works Director, indicated if the easement is vacated, the City would be liable for any damages if work is needed for the pipe. He stated if the request is denied, the encroachment will be tolerated and if work has to be done, the pool will be impacted as little as possible. He reiterated staff is not asking that the pool be moved. Mr. Wilson requested that Mr. Baker's views be put in writing for the applicant. A next door neighbor to the Albrights indicated her pool also encroaches into the easement. A question was raised regarding vacating up to the pipe. Mr. Baker responded he would not recommend this as this would not allow enough room for any work that needed to be done. He indicated if repairs to the pipe are needed and the pool is damaged;; the City would not be liable for that damage as long as the easement is intact. Mrs. Albright indicated she purchased the home in April and was never informed of the encroachment. She stated she would like something in writing that she will not have to move the pool. One cltizen,spoke in support of Mr. Baker's solution. Attorney Wilson indicated his client did not want to wait until there was a pressing problem for the vacation and he felt vacating 2.2 feet was a fair solution. CCmtg 7/16/92 7 ',. ':c; . It was again reiterated that if the easement is vacated and there is damage to the pool should work on the pipe be required, the City would be liable for that damage. Commissioner Regulski moved, In the public interest, to deny the subject vacation request. The motJon was duly seconded and carried unanimously. ITEM #14 - Public Hearing & First Reading Ord. #5201-92 - relating to flood orotection~ amendina Sec. 146.004. to reyise the definition of "substantial imorovement" in order to comolv with Florida Law relatine to the length of time in which certaio costs are to be accounted for and limited in certain flood-orone areas (PLD) A change is being proposed to add a five year time limit to the definition of "Substantial Improvement" to conform with the revisions of State Statute 161.54. During the last legislative session, the State of Florida passed a bill specifying a five year time limit for determining the cumulative cost of improvement in determining what constitutes substantial improvement. Substantial improvement occurs when the cost of proposed improvements to a structure exceed 50% of the structure's market value. . A structure which has reached substantial improvement must be brought into compliance with all other parts of Chapter 146, City Code of Ordinances, including raising the lowest habitable residential floor above base flood elevation. This proposed change would use a five year period for all applicable construction costs to determine when the substantial improvement limit is reached. The value of the structure at the time of the permit request is used as the baseline for determining substantial improvement. The proposed time periOd would include all permits issued in the five years prior to the current permit request. ,The proposed change will provide equal treatment of structures located in all special flood hazard areas within the City as defined by federal rule in 44 C.F.D. 59.2 The Planning and Zoning Board reviewed the proposed ordinance on June 30, 1992, and recommended disapproval. They felt the five year limit should apply to only the Coastal Construction Zone as defined by the State. This would include Clearwater Beach and Sand Key. The Board's consensus was to use the minimum time possible on all flood hazard areas outside Clearwater Beach and Sand Key. The time limit for substantial improvement at this time will have no effect on the Community Rating System and the City's rating. The City Attorney indicated there was no basis for treating the Beach and Sand Key differently from other flood prone areas. Timothy Johnson, Jr., representing the Island Estates Civic Association, stated state and federalla'ws are not related and the amendment is dealing with a recent change in the state' law. He reported the concern is that a home and lot on Island Estates could be worth $175,000 with the house being $75,000 of that value. Renovations could only be half of the $75,000 value. If a storm damaged a roof, that roof could not be fixed unless the house was elevated. He reported that in 1991, Clearwater relaxed the . CCmtg 7/16/92 8 . . . regulations and established an one year rule for the substantial improvement provision. This was designed to help people to renovate their homes. He stated the state law amendment applies a five year rule to Sand Key and Clearwater Beach. The state law does not apply to Stevenson's Creek and other flood prone areas. He reported it was the City Attorney who decided the five year rule should apply to all flood prone areas. He stated the City Attorney's basis for this is equal protection but that there are differences between Sand Key, the beach and other flood prone areas. He stated state and federal law treat them differently, actual experience shows them to be different, height of manholes is 27% higher on Island Estates than on the beach and Island Estates is surrounded by a seawall. He requested that the Commission not adopt the ordinance and restrict renovations of homes as little as possible. Two more representatives of the Island Estates Civic Association spoke In opposition to the ordinance and to Resolution #92-21, the Repetitive Loss Plan. Four citizens spoke in opposition to the ordinance stating there has been no flood damage on Island Estates. It was suggested the time to address the equal protection would be when and if a suit is filed regarding the five year limitation 011 the beach and Sand Key. Discussion ensued regarding whether or not the ordinance was necessary. Commissioner Regulski moved to deny the amendment. The motion was duly seconded. A question was raised regarding whether or not the ordinance needed to be amended to apply the five year rule to the beach and Sand Key. Further discussion ensued regarding whether or not the ordinance was needed or if the ordinance should be adopted as amended. Concern was expressed regarding a bill at the federal level which could have greater impact on the ability to renovate and construct in the coastal and flood prone areas. Further discussion ensued with opinions being stated that the five year rule should only apply to the barrier islands and with concern being expressed regarding flood insurance being used in other flood prone areas that are not covered by the five year rule. Upon the vote being taken: Commissioners Regulski, Berfield, Fitzgerald and Deegan voted "Aye"; Mayor Garvey voted "Nay". Motion carried. The City Attorney indicated he will be bringing forward an ordinance to apply the five year rule to the beach and Sand Key. The meeting recessed from 7:55 p.m. to 8:06 p.m. CCmtg 7/16/92 9 -'. '...' '., ' .'>'. ".'. , ~ . ' . ITEM #15 - Public Hearina - orooosed Ord. #5257-92 - amendina Ch. 134 & Sec. 137.005 relatina to sians and sign regulations (PLOt ~ . + j \ '; : 1. 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. ,. '.:, '. " 'l'.' . . ,~ . , , j. ~, . f.... , There is no contemplated change to the sign amortization program: there will be a continued requirement that all nonconforming signs be made to conform or be removed by October 13, 1992. 1 I.,. , ~ ,- 'j,'. . .c<. , \- The Planning and Zoning Board reviewed and recommended approval of the new regulations subject to three modifications: 1) political signs be allowed to address any political issue, whether the issue is the subject of a referendum or not; 2) flags, on multi- family zoned property be restricted to one flag per unit, rather than one flag per property; and 3) the sign size increase that is allowed for buildings set back from rights-of-way be measured from the new right-of-way line where there exists an approved road widening project. ~ / '. ..~, - ~. . '. l,: (', . Other changes requested at the meeting were: 1), 2), 3) & 4) by Bill Jonson: 1) Include the first amendment protection clause that is part of the Countywide Code, thereby allowing any lawful noncommercial massage on any sign allowed under the sign regulations; 2) Prohibit neon lighting which is not an integral part of the architecture; 3) Do not allow sandwich board signs in downtown; 4) Lessen the amount of additional sign size given to buildings that are positioned distant from rights of way; 5) & 6) by Paul Taylor: 5) Allow attached signs on the basis of 10% of the building facade and 6) Adopt Countywide Code as written, with the "10% rule" described in #5. .' ". .., \ '... ," The Development Code Adjustment Board reviewed the new sign regulations on July 9, 1992 and recommended approval of the proposed Ordinance 1/5257-92 subject to four conditions: 1) ensure major tenants in shopping centers located in Neighborhood Commercial and General Commercial zoning districts are not adversely impacted by the size limitations on attached signs; 2) the maximum sign size for projecting signs in the Urban Center be increased above 8 square feet; 3) the maximum allowable sign size in the Urban Center be 64 square feet in all subdistricts; and 4) a table be included in the ordinance to identify sign sizes for attached and freestanding signs and include a reference to the sign bonus provisions. .,)...... '-.'j'- ,'I ~ l~. . ~ . . "0 . .1 ,,'\ . " .....!.l ". ~ I " \' " , . " . ~' I, . .::,.... .. ". .. (', '.. ...'~ , .' (., , ", , " One additional change has been requested by the Clearwater Jaycees: Allow bus shelter signs and bench signs upon the written approval of the City Commission. . " f' .~ ' It was stated this hearing was for public input only, the actual amendments will be brought forward for consideration at a later date. , .. ',I~';,'" " . , " "., John Richter, Code Enforcement Manager, stated the amendments are intended to enable the identification of businesses and to safeguard the visual character of the community. He reviewed the provisions of the code and the signs that would be allowed .,..,' 1,1 ~-, .'. ,.... . CCmtg 7/16/92 "':a '\ 10 '... ,"" , .' ~.\~' "" ' '.:' 1 , ...;< ,. " ..i....... I '.' . ~. . .. . , ,; J"j , I ~ 'F .;," ~i' ,.\~> I>..~~, I,. ~~.' 'I ~~.j .:'", 'l~"'" .:~::.'. ill ,"'. ~ " t ~..,', l.... 0", ,:." "".,:~")~.~,.,"<,,, '"....,','.:: ,c .~, ", . I .,," ,':.:; '.::'.':;' ,h":,;.;\;,;:.:,;:.:.";,.':,<,,,,,,, " . :':..:~<,.:,: ,"" , . I .... . ',,;, ".:".~~",,:,:'\'~ .:.:;'" ,~;,' ,:,:,.:,' :'.'~','",,:;',;,:":,'.' ':',i. .,..'.,..,,',~,',.,,'.',~,~:,'t,:::,:.~:;.,:.. ~,'::: \:.,'.~,.,.':.:,::/,',;:~,;:',~.~.t,':( " '~'.,'.; "".'..:,~;,},'r,,,::,;.',':',:.:.:,',>,).'~~"}':">:r:', '~:., ::,~': . v . . . , . ~ ~ , =., ',. ,::, \' 't .' '1 ,i' .. t. ,,:..,~ '" ,1,.'I.",:,.r;~..~, , .' .,:. C....T " " I : ~ . ", , " !~ ", ", .:'. \ {"" .,' . .'; r", i ,cl , . ',. "', ..~, , . " " ',~ ; ..' I,'. ,.. ';':'" ; '+h' : ' ., :...,: ',:.:."..,:., ... ~ i": : : I..' ..' ::~ .' ." > '.. . .', , " . t".. ~.. l .' h " ~ ."', , , ........' ' "" ..' .. ~ :r..; ~, , " ,I ,( ..t...... ',\: " . ... "i~ .... . , " .. ~ I", . , ~,' ,'.'.. ,.,; ,,', ,.~.' .' , \. . ~ :::l. "~h , . " ~~; ~.I'.. . .;c ';". ;.:. ....1. cf', . '. ..... ~'~ .'c ~.' ~ ' . '..._..": . 0... " .':.. "'c, ..~, ~.. ~ J".:.l~~..,. ~:> ',.' .li I I '\" l :I":l ~. . . ,I ~ : IT:', :, ' ~ . /,;k'~;'I'.f~}': },'::';1,i:,;0i;'~:!;'BM;;<g~iM".;";::;""~:;:',~ it: ')'; !;X':;';i,f.";S;~i[, :;:,\;:'" ';:;";",,, " " '"" t'" .... :.. ~;~.. ., " '. ' , J' . I ,... t. ',f: I. '. ~ ,:;'(:<:i"{:,',d'f;t:i!;,i,\;i,:~:;,'" ,.... " '.,1 t .. ~ . I , ::;'1 ".S', .f.' i' / ' . I " ,.,' , 0," . in the different zoning districts. He stated that for attached signs, three factors determine the amount allowed; 1) width of the building, 2) zoning and 3) distance from the right-of- way. He reiterated there is no change to the amortization schedule. In response to a question, he indicated that anyone with concerns should call the Planning and Oevelopment Department. Tom Kelly, representing the Jaycees, requested language regarding signs on bus shelters and benches. Bill Jonson, representing the coalition of homeowners, stated he has three concerns regarding deviations from the Countywide Ordinance. He reviewed his concerns: 1) the first amendment protection clause, 2) sandwich signs being allowed in the downtown area and 3) additional signage allowed for large setbacks. He reviewed his concerns regarding the bonus for large setbacks in more detail and requested this be reduced. Discussion ensued regarding the bonus allowed for large setbacks and it was stated staff will return with a more conservative proposal. Paul Taylor, representing the Thomas Sign Company, requested the City simply adopt the Countywide Ordinance in order to have consistency throughout the county. Jim Rowe, attorney representing Hooters, also requested the Countywide Ordinance be adopted. . ITEM /I 1 6 - Public HearinCl regarding Drew Gardens Retirement Communitv Proiect and the issuance of MortClaae Revenue Refundina Bonds not to exceed $6.450.000: Res. #92-47 aooroving the issuance of the bonds: and Dass Ord. #5256-92 on First ReadinCl authorizing the issuance (AS) On April 16, 1992, the Commission adopted Resolution #92-31 authorizing the analysis and review of an issue of Mortgage Revenue Refunding Bonds for the purpose of refunding in whole or in part the City's $6.450,000 Mortgage Revenue Bonds, Series 1983, for the Drew Gardens Apartment project. The City's bond counsel and financial advisor were, directed to prepare the necessary documents for such financing. In a June 24, 1992 letter, the underwriter for the refunding bonds advised that the Trustee, at the direction of HUD, is planning to call the old bonds on September 1, 1992 in part by proceeds made available from the sale of the Refunding Bonds.- A Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing is required for the Refunding Bonds under Section 103(k) of the Internal Revenue Code to allow public comment on the proposed bond issue and was advertised on July 2 to provide the necessary 14 day notice. The City's bond counsel has prepared a TEFRA resolution authorizing the issuance of the Mortgage Refinancing Bonds and a Bond Ordinance approving the form of the financing documents by resolution. Significantly, both the resolution and ordinance contain' provisions stating that issuance of the bonds do not constitute an obligation of the City. . CCmtg 7/16/92 ,11 . Financing documents In final form, including the bond indenture, will be available at the public hearing and second reading of the bond ordinance at the August 13 Commission meeting. Approval of the TEFRA Resolution #92-47 and adoption of Bond Ordinance #6256.92 on first reading will enable the subsequent preparation of the placement memorandum and resolution to award the bonds to meet the September 1 deadline set by HUD. Importantly, neither 8ctlon will obligate or require the City to Issue the Refunding Bonds. Commissioner Barfield moved to approve the issuance of Mortgage Revenue Refunding Bonds for Drew Gardens Apartments project. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-47 and read it by title only. Commissioner Regulskl moved to pass and adopt Resolution #92-47 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. The City Attorney presented Ordinance #5256-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5256-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Regutski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM 1/17 - Public Hearing & First Readina Ord. #5236-92 - LDCA deletina "cut-off" Drovlslons for sian variances, amending Sec. 134.015 (LOCA 92-08HPLD) Commissioner Berfleld moved to continue this item to the next regularly scheduled meeting of August 13, 1992. The motion was duly seconded and carried unanimously. Public Heorlng - Second Rendina Ordinances ITEM #18 . O,d. #5225-92 - Annexation for orooertv located at 2184 Burnice Dr., Glen Ellyn Estates, Lot 3, 0.21 acres (Jonas A92-03) The City Attorney presented Ordinance #5225-92 for second reading and read it by title only, Commissioner Deegan moved to pass and adopt Ordinance #5225-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. . CCmtg 7/16/92 12 . ITEM # 19 - Ord. #5226-92 - land Usa elan Amendment to Low Densltv Residential for prooertv located at 2184 Burnice Dr., Glen Ellyn Estates, Lot 3,0.21 acres (Jonea LUP92- 10) The City Attorney presented Ordinance #6226-92 for second reading and read It by title only. Commissioner Berfield moved to pass and adopt Ordinance #6226-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM 1120 - Ord. #5227-92 - RS-6 Zon/on for orooertv located at 2184 Blnnlce Dr.. Glen Ellyn Estates, Lot 3, 0.21 acres (Jones A92-03) , The City Attorney presented Ordinance 115227-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #6227-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. . ITEM #21 - Ord. #5228-92 - Annexation for oroperty locate~ at 1748 W Manor Ave.. Clearwater Manor, part of Lots 23 & 24, 0.20 acres (Shower A92.06) The City Attorney presented Ordinance 116228-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #6228-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey. /" "Nays": None. ITEM #22 - Ord. #5229-92 - land Use Plan Amendment to Low Densltv Residential for prooertv located at 1748 W Manor Ave., Clearwater Manor, part of Lots 23 & 24, 0.20 acres (Shower LUP92-12) The City Attorney presented Ordinance 115229.92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #6229-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: nAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. . CCmtg 7/16/92 13 . ITEM #23 - Ord. #5230-92 - RS-8 Zoning for orooertv located at 1748 W Manor Ave., Clearwater Manor, part of Lots 23 &. 24, 0.20 acres (Shower A92-06) The City Attorney presented Ordinance #5230-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5230-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #24 - Ord. #5231-92 - Annexation for orooertv located at 1741 W Manor Ave., Clearwater Manor, Lot 40, 0.14 acres (Tucker A92-05) The CitY Attorney presented Ordinance #5231-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 115231-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays't: None. . ITEM 1125 - Ord. #5232-92 - Land Use Plan Amendment to Low Densitv Residential for orooertv located at 1741 W Manor Ave., Clearwater Manor, Lot 40, 0.14 acres (Tucker LUP92-11 ) The City Attorney presentedOrdinanca #5232-92 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5232-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. ttNayslt: None. ITEM #26 - Ord. #5233-92 - RS-B Zoninll for orooertv located at 1741 W Manor Ave., Clearwater Manor, Lot 40, 0.14 acres (Tucker A92-05) The City Attorney presented Ordinance #5233-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5233-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. . CCmtg 7/16/92 14 . ITEM #27 . Old. #5247-92. Vacating W 6.5' of easterlv 10' utilitv easement Iving in Lot 26. College Hill Park Unit I Sub. (Girard V92-' 0) The City Attorney presented Ordinance #6247.92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5247-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Naystf: None. CITY MANAGER REPORTS CONSENT AGENDA (Items #28.34) - Approved as submitted. Agreements - Approved. ITI;M #28 - Natural Gas Service Agreement with Florida Gas Transmission Co.; amendment to Preferred Service Agreement dated 11/1/89 [GAS) Bids & Contracts - Awarded. . ITEM #29 - Contract to supolv DrODane gas valves. fittings. couglers & hoses to refurbish the 3 Dropane storage tanks located in the Jones Street Yard to Motorfuelers, Inc., Clearwater, FL, at an est. $13,707.77 (GAS) ITEM #;30 - Contract to refurbish =3 prODane storage tanks to Motorfuelers. Inc.. Clearwater, FL, for an est. $22,100 (GAS) ITEM #31 - Purchase of all Police DeDt. uniforms and related eauiDment from Martin's Uniforms of Tamca FL, for the period 7/17/92-7/16/93, at an amount not to exceed $90,000 (PO) ITEM #32 - Construction of roofs for 3 restroom bulldln9s on Clearwater Beach to Avant~ Garde Builders. Inc., Clearwater, FL, for $12,984 (PR) ITEM #3~ - Purchase of Automated Records Management Systems software with bijr code caoabilltv. one vear modem SUDPort & conversion of existing data from Automated Records Management Systems. lnQ.:., Laguna Hills, CA, for $10,874 (CLK) Aareements. Deeds & Easements ITEM #34 - Sanitary sewer lien agreement. lake leis Manor First Addition. lot 5 (Johnston) . CCmtg 7/16/92 15 . Commissioner Deegan moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motlon was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 . License Aareement to Anderson Bay Cruises. Inc.. for the oeriod 10/1/92. 9/30/97. for a 1 st vear total Qf $7.200 olus vearlv SliD rental increases at the same oercentaae as other marina commercial tenants on the anniversary date of each following vear of the license (MRJ The license agreement with Anderson Bay Cruises, Inc. for marina slip 1 52 expires on September 30, 1992. The original license agreement was issued on October 11 1982 for a nine month per year operation and included the option to renew the license each year for nine additional years. On March 11 1989, the license agreement was amended to include a year round operation and slip rent was increased from $5,325 to $6,000 per year, payable at the rate of $500 per month. In an effort to control parking in the marina parking lot, the City has the right to designate the hours of departure of the vessel uAdmiralu between 8:00 a.m. and 2:00 p.m. daily. . Under the terms of the license agreement, the licensee will pay $7,200 per year for the first year at the rate of $600 per month plus tax and electric charges, plus an increase at the same percentage as other marina commercial tenants on the anniversary date of each fallowing year of the license. The City Manager reported he has discussed the concerns that were raised at Worksession regarding assignability with Mr. Henderson. Mr. Henderson has no abjection to the agreement being amended to prohibit the assigning of the agreement. Commissioner Berfield moved to amend paragraph 6 to read as follows: The License herein granted is personal to the Licensee and is contingent upon the continued majority ownerhsip and management of Licensee by Phil M. Henderson throughout the term of this license. Neither this license nor any right arising under this license may be assigned, transferred or encumbered in any manner, except that the license and rights arising under the license may be assigned or transferred to Phil M. Henderson personally, but not thereafter to any other person. The sale of a majority ownership of Licensee to any person other ti Ian Phil M. Henderson, or the employment of any other person as its chief executive officer acting without the personal supervision and control of Phil M. Henderson. during the term of this license, shall be deemed an assignment in violation of this paragraph and just cause far cancellation of this license by the City. This paragraph shall be constructed broadly so as to secure for the City the continued services of Phil M. Henderson in a business relationship in which personal confidence in his experience and skiU has induced the City to renew this license in accordance with the terms herein set forth. The motion was duly seconded and carried unanimously. . CCmtg ., 7/16/92 16 . Commissioner Fitzgerald moved to approve the license agreement to Anderson Bay Cruises, Inc., as amended. The motion was duly seconded and carried unanimously. JTEM 1136 . First Reading Ord. #5258-92. increasing residQntial solid waste rates to $17.05 Der month. increasina commercial solid waste rates an averaae 9f $.69 Der cubic yard and adjusting miscellaneous charges to c9ver costs of oroviding the service (PW) Camp. Dresser & McKee, Inc. (COM), City consultants, have completed a study and analysis of the solid waste rate structure and recommend increases to provide adequate revenues to fund the Solid Waste Complex and finance operations through 1995. Since the rates they will finally recommend are contingent upon the outcome of the curbside recycling pilot prograM. they have recommended an interim rate structure, based on the current level of service, sufficient to keep the solid waste system solvent until a decision can be made as to whether, or at what level of service. a City-wide residential and commercial recycling program will be implemented. COM further recommends once the recycling decision is made. a new rata schedule be adopted to support solid waste operations based on that decision. . COM recommends an interim residential rate of $17.05. This is an increase of $1.63 per household per month. They also recommend the establishment of a residential base rate of $5.42 per household per month for all residences whether the account is active or dormant. The base charge, part of the normal monthly charge for active accounts, will be assessed against dormant accounts and is designed to cover costs of operating the system year-round and for maintaining the capability to meet demands when all accounts are activated. COM recommends an average commercial rate increase of 19.3 percent. They have proposed a revised rate schedule which will more equitably distribute the cost of service and encourage customers to use the largest containers and the lowest frequency of pick-up feasible. Larger containers picked-up less frequently will save the customer money. The rates recommended by COM will adequately fund the debt service for the new Solid Waste Complex planned for the Campbell Property at 1701 North Hercules Avenue. Miscellaneous service rates, such as Tear yard pick.up, junk and trash pick-up by II Jaws" trucks have been adjusted to cover the cost of the service. These rates, although limited in use, are needed to meet special requirements. They are established on the basis of cost of the trip, labor, equipment usage and disposal costs. It is recommended the proposed rates be implemented effective September 1. 1992 in order that they may be included in customer billings beginning October 1, 1992. Tom Burke of COM reviewed his recommendations and the rationale for those recommendations. He reported indications are that the pilot curbside recycling project is successful and at the end of the project. the feasibility of once a week garbage pick-up can be evaluated. He reviewed the rata alternatives. . CCmtg 7/16/92 17 . In response to a question, it was indicated it costs approximately $1.90 per month per household for recycling. It was stated recycling is environmentally correct; however, it does cost money and much of the public erroneously assumes the City makes money off the marketing of the recycled items. It was stated the current recommendation is an interim recommendation in that further rate adjustments will be proposed once the pilot project has been completed. In response to a question, it was. indicated the projected expenditures include bond financing for the new Solid Waste facility. One citizen spoke expressing concern regarding the black barre 115 being left out on the street and them being picked-up when they are empty. He also indicated he had heard that the truck operators are being requested to perform maintenance on their vehicles. Bob Brumback, Assistant Public Works Director for Utilities, indicated the operators clean and wash their vehicles and they are required to check the oil. They Bre not required to do mechanical work. A question was raised regarding the penalty for not meeting the mandates on reduction of the solid waste stream through recycling. It was indicated this has not been measured at this time. In response to a question, it was indicated the bottle deposit legislation was not adopted. . Discussion ensued regarding the funding for the new Solid Waste facility with some suggesting that infrastructure tax funds be used rather than bonding the construction. It was suggested that some of the funds being proposed for construction of a new City Hall be used and that the City Hall be bonded. It was also suggested that both proj6Cts could be bonded. Commissioner Fitzgerald moved to approve increasing residential solid waste rates to $17.05 per month, estimating a readiness-to-serve base resident rate of $5.42 per month, increasing commercial solid waste rates an average of $.69 per cubic yard and adjusting miscellaneous charges to cover costs of providing the service. The motion was duly seconded. Upon the vote being taken: Commissioners Regulski and Fitzgerald and Mayor Garvey voted "Aye"; Commissioners Berfield and Deegan voted UNay". Motion carried. The City Attorney presented Ordinance #5258-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5258-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Garvey. . CCmtg 7/16/92 18 . "Nays": Berfield and Deegan. Motion carried. ITEM #37 - Res. #92-46 - Demolition lien on orODertv located at 906 Palmetto St.. Pennsvlvanla Sub.. Lot 9 & S 10' of lot 14 (PLD) Property located at 906 Palmetto Street was inspected by the Buitding Division and found to be unsafe. The owner was 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. The City Attorney presented Resolution #92-46 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-46 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski. Fitzgerald, Barfield. Deegan and Garvey. "Nays": None. ITEM #38 ~ Other Pendina Matters - None. CITY A TIORNEY REPORTS . First Reading Ordinances . ITEM #39 - Ord. #5259-92 - Vacatina W 3' of 7 .5' drainaae & utilitv easement Ivina in Lot 314. Morninqside Estates Unit 38 (BewJeylTaylor V92-12) The City Attorney presented Ordinance #5259-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5259.92 on first reading. The motion wa~ duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Resolutions ITEM #40 - Res. #92-48 . Assessina owners the costs of mowina or clearina owners' lots The City Attorney presented Resolution #92-48 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-48 and authorize the appropriate officials to execute same. The motion was duty seconded, upon roll call the vote was: CCmtg 7/16/92 19 . , > . '.: . .. Ayes": Regulski, Fitzgerald, Berfieldt Deegan and Garvey. "Nays": None. ITEM #4' ~ Other City Attornev Items - None. ITEM #42 - Citv Manager Verbal Reoorts - None. ITEM #43 - Other Commission Action Commissioner Deegan questioned the status of review of Dunedin Pass. The City Manager indicated he has asked the consulting engineers to prepare an analysis of the efforts needed and this should be available next week. Commissioner Berfield requested a third quarter budget amendment to provide $2,500 to $3,000 for promotional Items. Consensus of the Commission was to go forward with this. Commissioner Deegan questioned whether or not the downtown videos had been received. The City Manager indicated they had been delivered this afternoon and a copy was available for Commissioner Deegan. . Commissioner Berfield requested an update on the Clearwater Pass Bridge. The City Manager indicated the project was on course and information is sent out as it is available. William Baker, Public Works Director, indicated they have received a verbal approval from the Coast Guard for the 74 foot high bridge. Commissioner Regulski reviewed his proposal for a new.Clty Hall on the current City Hall site. He stated the current building would have to be razed but that it would eliminate the need to determine the disposition of the current site. He indicated construction on this site would be more expensive than on the Maas Brothers site. In response to a questiont it was indicated this does not include an auditorium. Discussion ensued regarding the need for additional input regarding the sites and it was the consensus of the Commission to schedule the City Hall site as a topic of discussion during the special worksession scheduled for July 23. Commissioner Fitzgerald requested an update on the Summer Jobs Program. Kathy Ricet Deputy City Manager, stated it has been going very well and there have been 130 placements with over half of those in private companies. Positive remarks have been received from the companies using the youths in these jobs. It was indicated there have been a couple of problems and that those individuals are no longer in the program. It was indicated that once the program is over, it will be thoroughly discussed to see if it should be continued in subsequent years. It was also noted it was important to make it clear that the costs provided in the newspapers included workers compensation and other costs and the hourly wage to the individuals in the program is minimum wage. . CCmtg 7/16/92 20 . In response to a Question, it was indicated there are 76 to 100 more youths who are anxious for placement. The private Industry council was thanked for working with the City of Clearwater. rre~ #44 . Adipurnment The meeting adjourned at 10:'5 p.m. ~ . ~ ~ -.: C#' . 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