The URL can be used to link to this page

12/01/1994 (2) - . :. I .' ~. . '.'. . ., .' -., '.. . .: -' " .'. .. . L . '. ",' . .' ..... . .' ." .:. .. j" . ~ . '. .' : . ;~~&?;~:~ ~.;":" :., "1 g~:<,::,:, .'. ~:' :: " . . ;?:......~ I 'J,' ~, ~~ ;~' ~~.:: : '. ' ", ,;...."':............~~..."".c.:_,........."'"................ _..1..'........_.,... .'" .....~~ .,' " ...... ..... ,~-, .' . ,-:,..>, .,' ~.'t_C . ~:f;.!'..: ;,~."YI':.' . j ~ ~ ~. .... . ~ :,,/~ '.' ;;:: ~/ ...:..... COMMISSION i 4 ~ ~ City Commission Minutes .;. Date ". '. ......;. .'11. :'i ., , . .' ' , " 1:- .' ~ .' " . ': ,I) : I.: " :'''<.: . '. . .. ' I; /: ~ ,r r'f"~~;~~~:': .,...JT~~ . '..~ L~r. _.._~~~~~~~~~~~.~~.;.... !~;.~;i7t~j;~~'~\1',".,;:6:r::i:~~~i.::!~ ~ ,~: (:,::~'. ,1',: '. ~~, . ....~ ~.~',....:. '~'. ",,:.' .' .! . '., . ..e1'1'1;)....1~~-.~.I, ~j 'l.r'J ....., ""'. '-'.f I', . .. ..~. ~.r. r " I (' . . ..', . ~1~i:;~r:-}~i~~~.:~~?,:~;::~3:,:tr:;~a~~/,:' :'; :',;.,'. ;';:, ':" I;::~;_ ':~;'~~~'~ \,-,,;.,.:',~~:,,'. -:': .:~ ~ ',: '::;..":' :.: ,;,:." : ~".' ',', ~J'~~~;J;..,:.:.tl{~..t-';;~r('}tr-~ ~ ;~~\... ~1'~~;"t't~..,,~~(1t ''.i I d~'t~ .' "L> ~ U ~~..';,/~' t ~:'}~~;"k'~J \~~-t~'l: j'.; i~ -<<: .:r" ~~:-... ~.' .'~ ;}t.' . ' '~" l. .: I" - . ~ J.J"!,i:<.JJ.;u'A"'.,41~''''''l.~''''''~''''''''I:'''''~.''''4,"~, ~,i ...,..". " , . ~: '. : \"! 1.-'1.1 ... . , . .... .~. ',.\ "J :'...7 ~ ~"' . '.p ~.'.. ~ ~/:< ';~. : .,.~~ ., "-I:' \~~''" ':. :..~ ~ . " ;:;;:;~::'~:': ;;,: /;:;~ \>)':,'i~; '....J. ." . ~ , " , :. . . 1'1. {{{~rs;.:'::;,~;>~:...::.', <.' .' - ::.,,'.. ".- I ..~ o .. e~ .:'t: CITY COMMISSION MEETING December 1, 1 994 ~ , The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, December 1, 1994 at 6:00 p.m., witli the following members present: ~\-. . ~~;. . '.:'~.'." . ~~f~E ,.e". Yf::,,~,<' . 0\ :.: " }fJ~-:'/' ',...:;. : '!.....L. ....: ':. ~~;~{(i~~."':."': ' l~"'.".;' .',,' 1[~a~~~~:~,\~.'1 . .T1-r";...,..... ,,:, ,. ~ . It~~~~~~l;,~..;:.: :. ~th\,i~; f" .:.}i~~:~?'~~~' :',: ~ ~/~:;:' "I'~ ',' .f'J';;t'..; I, '. . ~, . ~{::.:, : ':,~. " . 'The Mayor called the meeting to order and led the Pledge of Allegiance. The rr:: ,', invocation was offered by Father Edward J. Mufligan of St. Brendan's Catholic .Church. ~';..:_:. '. ,to . . . ;;t:::Y '-':" : .' In order to' provide. continuity for research, the items will be listed In agenda order although' ~:~..~.:,~';,' ..,', ' ' not necessarily discussed In that order. I',~o;, :...: : "', e . H" '. >, . ' .. . r~:~ . ;.: ',:+ :i:~.\'_;~::,":',;,; . ',';ITEM #3'. Service Awards' ~~~:,r,:" , , ,'One eervicu:-verd wes presented to e City employee. (-;T!;;:: ""'" '" ITEM #4 ~ lntroductions'snd Awards f,~}:(\,',." " .', ' ':,' ,'. " y~:~::,~'::, :;,;', ':' ,P~ocramation: 'Miniature Art Month - January 1995. If:~t:, .',. City's :::~:::::::::::::::n~~::~:::::::~o::e:i:~~:::::~i~:r ::: :::::e:h:. ~\~.t: },~;:: :,. ',' ..1994 Holiday' on the Islands celebration. ~~Y'ri::,:':.-" - .'.': ': '.,' ':. . tt~':,~, ':~ '" - -">: '-,ITEM #5 - PresentQtions ~~J':~: .:-,t\_. T':.~:~ : , ;~0:;'i;:'/' '." ',':', a), Neighborhood Advisory Committee - Annual Report J;~',1;0' - :. ~incc12a.94 1 ~:;'\/:~: :;-:: ' :~~~~~"~"~:~: <:~t,; '. ::&~~!~/,: '" :, . , ;t~:::;~~: 'f' . ,'c., e : t{};'::' :~::, ;", :' " . , _. .. .. q, . _ u, ,'.., , .. ' ", . --. ,.-- ...........:.-o.n+~~'"~~/.'!l!., '.'!" .. 'F "'",'.. '..- .., ,,-; -'. .. "" ." ..,~., ," ~ \. '.". ." --'." ".. ",'" ',," ., , '$,~ l~ih1~~~i~,;;~~~,;/~~::~1%':~r}\:.:~:~~{):'j:~~~j>;.\')~'.~~..~:,~:,.::.~ .'.l:.~~li~~'~'~"":"', ' ",'(,~': .~~ '.",. i.'~~:~'-""}' '.. ,1."1;. L'...,,;~,. '.', ~, ...,~'f'~+.:~~~~ , . : ~), . Rita Garvey Fred A. Thomas Richard Fitzgerald Sue A. Berfield Arthur X. Deegan, II ':'.~:' , . ,~.' Je Also present': Elizabeth M. Deptula Kathy S. Rice William C. Baker Pamela K. Akin , Scott Shuford Cynthia E. Goudeau Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager City Attorney Central Permitting Director City Clerk 12/01/94 '.. ",... .. n "0 ,,' ~: ' I ..' ~ , . ' . ' . i,~ \ . . '" ,'" , :.t .,' , "' . j' . -'0 ::T:. ,J '. . , . c', " ' Darrell Collins, Chair of Neighborhood Advisory Board, presented the Board's annual report. He said the Board's mandate is to provide a forum for citizen participation in the Community Development Block Grant (CDBG) and HOME programs. The Board consists of twelve members. Mr. Collins introduced board member Milly Joplin, who was in attendance. . In the past year, the Board held nine regular meetings and four special meetings and addressed: amendments to the FY 1992/93 Final Statement and additional funding for Clearwater Neighborhood Housing Services; proposed amendments to the FY 1 990/91 Final Statement; proposed amendments to the FY 1991/92 Final Statement; citizen participation plan; grantee performance report; and FY 1 993/94 COBG Program Statement. It is proposed the Neighborhood Advisory Board merge with the former Affordable Housing Advisory Committee and expand citizen participation in the Florida State Housing Incentive Partnership Program. In the next year, the Board will increase the monitoring of subgrantee agencies to enhance the Board's evaluations of subsequent funding requests. The Board requested the Commission review the feasibility of a library branch in the S Greenwood area. The Mayor thanked Mr. Collins and the Board members for their services. ITEM #6 - Aooroval of Minutes Commissioner Thomas moved to approve the minutes of the regular meeting of November 17, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. JTEM #7 - Citizens to be heard re items not on the Agenda Charles Marcus said the letter he received regarding his comments in the minutes is " a distortion. He requested his statement be included in its entirety. He said he wrote a ,letter to the City Manager on November 29, 1994, indicating on October 20, 1994, he , gave the Commission information to prove a cover-up. He has not received a response to the evidence: a copy of Jay Elliott's contract; a November 6, 1990, newspaper article by Laura Griffin; and a letter from the Pinellas County Construction Licensing Board. He questioned when he would hear from the City. The Mayor indicated staff would follow up on Mr" Marcus' concern. Sharon Marcus said she wrote a letter to the City Manager an November 29, 1994, indicating her husband's life had been threatened. She questioned why the City had not , reported this incident to the State Attorney for investigation. The Mayor said the Commission will respond at a Commission meeting so the public will be aware of the response. The City Attorney said staff wilt respond and advise the Commission of that response. The City Manager said she had already sent quite a bit of information to the State Attorney and will forward the additional information. Ms. Marcus questioned why an mincc12a.94 2 12/01/94 ~,.', ~.., ~, ~,' .--:- . ;."--~~":"s.~~:t~iu~..;",;~I:!;...~\\'~r,;~:jti'l:~'';{:'IO\~~.' :;~'~...l\;.;irt(..: .,',1.. 1 <.,.",:. .~~ .~ #." :r::~~\~:r'~'~f": c~ {~~.:. c"~i:!;:"':: ~.~ ":'L ~;~." ~oIJ;..: :..;:;:",~: ',~ c', ,...."",i '~. ~I.. '; ,:.c.~~~~~ ~ c ..' ' ~' . 1'lJi. .....(.ii~~~.~~11r,...,,;;~~,... ?~~.:~:""~.~;(..,tI'~.l~~""";~\\:~,,~,,,:,,.,:~,,//:!;'14"lfJ~'~~~t/:J~~"\.'~'(.~'":~!>I"u~, ~~,'~' j}t' ;~'~~i~}>.{ (:J't"'~~~'.~'l '\ .....,' ./~4c~...~!ij '-: ". ,~. . .:. . l : . ..... "'1" .-ul:};---";~"~'p44rit+~~~'?~"~/~~l!'~t~1fY;~,,~,~;;..;,t:~of~~t"'''\...!zk~h't\"f1r.l~f~.;(fi'~~I~;~~)~.~'~:'~I~')' ':,,'~"~>.~)'f.; i~~;);"?j,>:~<,>' ,', ,:,. ,: '. :' :: "'::: :,:::,:, ':' ,;' '." " " . ~,~ -., '.,...' ',:;, .J',", '.", "..,J'!' j ,,",:',." " ,.' .,",' '" . ~~ -i' ....f'" t . n ... ',. ".' , ~ \.. . ~. .; . , , ,,0 ", , 't. .; . :~: ~': ~: .: ~'. - :\'. ' . r , ~. .:'; : ~ ~.', - . , , . .' ~ ' '. ) , , ' '~<~/. '. ,I.. '. 0~:':' " ; ",' , .... . . ' ;.' .' ; .~' ~' .' ',. \'",., , ~ .:' \'. . "'0 ..+ , .~. . .~. ' 'f'. investigation has not occurred. The Mayor said the City does not know if an investigation has been done or not. PUBLIC HEARINGS ITEM #7a - Public Hearina - FY 1993-94 COBG Grantee Performance Reoort (ED) The City Manager said the figures in the report were not complete and requested the report be continued. Commissioner Berfield moved to continue the public hearing for the FY 1993/94 COBG Grantee Performance Report until January 5, 1995. The motion was duly seconded and carried unanimously. ITEM #8 - Alcoholic Beveraae Distance Seooration Variance for property CFrenchy's Rockaway Grill) located at 7 Rockaway Street, Miller's Replat, Lots 2 & 3 and vacated , Beach Drive on west (Alexiou, AB94M08)(CP) - The applicant has requested this item be continued. .Commissioner Deegan questioned the appeal referred to in the request for continuation. Scott Shuford, Central Permitting Director, stated the Development Code Adjustment Board COCAS) had denied a requested parking variance. The applicant requested the item be continued to a date uncertain until the appeal of the DCAB decision is resolved. Commissioner Fitzgerald moved to continue the request for an alcoholic beverage distance separation variance for Frenchy's Rockaway Grill. The motion was duly seconded and carried unanimously. ITEM #9 - Variance(s) to Sign Regulations for property located at 2040 NE Coachman Rd., Skycrest Terrace, First Addition, Blk K, Lot 8 (Heuchan, Jr., SV94.39)(CP) , ' The applicant Is requosting the following variances on the northeast corner of NE Coachman and Kerry Road: 1) a variance of one freestanding sign from the permitted one freestanding sign to allow two freestanding signs; 2) a setback variance of five feet from the NE Coachman Road right-of-way to allow two freestanding signs zero feet from the right-of-way; and 3) a setback variance of five feet from Kerry Drive right-ot-way to allow a ,'. freestanding sign zero feet from the right-of-way. The variances are requested to permit , the two existing freestanding signs to remain. In addition to the lack of a setback, the east sign encroaches into the NE Coachman Road right~of.way. Buzz Heuchan, applicant, verified pictures of the property presented him by Mr. ,Shuford. He noted his signs are 50%,less than the height allowed and the area is 10% less than permitted. He noted the intent and spirit of the City sign code was based on aesthetics and these signs are in keeping with that intent. Commissioner Thomas moved to approve the variances to the sign regulations for , 2040 NE Coachman Road including: 1) a variance of one freestanding sign from the mincc12a.94 12/01/94 3 .~__+'IL . ". '. "'~~~~~l'~-ti'~~:f4;"'\"" ," f L....J+;~jr':..... r,.,.' ~";'.:, .: . . ::.~:. .~:;; ..'. .'.~ ~ .'.. .,l(......f 'I;: .;;. ;/.,~:. ~.~, ;. .;:.~ ":'. . .T.~.~j:~ L " :,~: .... ,,' " .' . <14 ~'ti.,?;is'.w;;tA\,'~;~~~Alt.,;~i~:f:0.\~)~f;,:'e!i-,;~:;';l~;;,~'L:iE3.~~JI~Yl~~.':.'vJ 1'~ "A\u~\!iSii~.:2!'I~;2;;_\C~~;..,:,,';' ,:' ;}:X;~ ".. 'TT ) r'h.'. .~ ~. . n: ' >T. .' ,..... '. . ~ . ('f\'.i ;"",~1.<~'J'l'"'~T.*"?'~~i'r~"}l~l."".~;.. .;... ..: ~~,'f:.C'tt.'" ~,!l'..... r,:. r\ ~ ,I.. 'II ~,~ l;~~~;:/~;::>L~)::<~';';:::, ',' ,:;.,:, ...,' , :.... .,:. .' ....,...+'.. " ,. " '. '. '.: ~r-~. .' .', . )'.~ :'. +'~" .,.. ;., 4".' "+.' ._ .....1....;.'. ~. ..... '.' "'.': " .,: ..... - - .. ~: '. ' f') .. ~...." permitted one freestanding sign to allow two freestanding signs; 2) a setback variance of five feet from the NE Coachman Road right-ofMway to allow two freestanding signs zero feet from the right-ofMway; and 3) a setback variance of five feet from Kerry Drive rightMof- way to allow a freestanding sign zero feet from the right-ofMway for meeting Section 45.24 Standards for Approval, items 1- 4, subject to the following conditions: a) by maintaining signs within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose; b) the variances to allow the east sign to remain are subjl3ct to approval of the right-ot-way encroachment by the State of Florida Department of Transportation, and a copy of such approval shall be provided to the City's Community Response Team within 45 days of this public hearing; and c) neither sign shall be enlarged in area or height. The motIon was duly seconded and carried unanimously. ITEM #10 - Second Readina Ords. #5715-94.#5716-94& #5717-94- Annexation, Land Use Plan Amendment to Commercial General & CPO Zoning for properw located at 2201 Sunset Point Rd., (Walgreens Drug Store) located in the SE /14 of Sec. 1-29-15, Pinellas Groves Sub., part of Lot 1, 2.0 acres m.o.I.; approve Final Site Plan with conditions (Finkenbinder/Sun Bank of Tampa Bay, c/o R.K.M. Development, A94-21, LUP94M29) :0 The applicant proposes to construct a 15,525 square foot Walgreens Drug Store with a two-lane, drive-through prescription pick-up, and an attached liquor store on two parcels to be joined by annexation with an existing 1.24 acre incorporated parcel Commercial Planned Development (CPO) zoningJ and a 2.0 acre unincorporated parcel having a C-2 zoning, for a total area of 3.24 acres. The applicant requests CPO zoning designation because of the property's irregular shape. The proposed conceptual site plan includes a 2.27 acre Walgreens site to be addressed to Belcher Road, and a .97 acre outparcel at the westernmost portion of the site fronting Sunset Point Road. Two access drives are proposed from Sunset Point Road and one point of access from 8elcher Road. The proposed outparcel is to be developed in the , future under the General CO'Tlmercial (CG) numerical and dimensional code requirements. Both parcels (3.24 total acres) are proposed to be combined through annexation and a Declaration of Unity of Title f~r both the Walgreens Store (2.27 acres) and the outparcel (.97 acres). , , ' " On April 1, 1993, the Commission approved CPO zoning designation and General Commercial signage for the incorporated portion (1.24 acres) of this site for a Shell Gasoline Station convenience store; this proposal was never constructed. At that time, the representative for Shell indicated to the Commission that an agreement was made with Pinellas County to landscape a raised turning median located in the County right-of-way; this agreement no longer exists and does not apply to the subject site plan. ">" . Staff recommends applying the CG zoning district signage requirements for this development, as most suitable with surrounding zoning districts. '0 . , Commissioner Fitzgerald moved to approve applications for Annexation, a Future Land Use Plan Amendment, and a Zoning Atlas Amendment to Commercial Planned mincc12a.94 4 12/01/94 ~~,~-.....~.__. ...::... p ~ ' . .' -; " l.~:";' . "T. ':[.. c. ::. . . ..~~~.~~~t~~~"~'J:' ~",.,," ~G:.":;,~'~ .:. "'c':.~. ~.:: >L _ ....~.. ~c .:.<:~'~' ,\:~ ..', 'J- ";.'~. -', ':'~;"~':.,.:C'ji'j~ ~~t~<:,-~ "" : ".:~'. -~:', '. <, ' ~'.. ;". :. ." ;.. '.r .... ~<~t"'Jl!~ril.ttl;}--'.~~~1J.{""';I~~I"iI',""J"_~'''.",''~f}~1T;J.C~~~~.;~''''.....t.(.,..I,.'I~.~.\: ~ ....~J~. .':':';-~'""~'~"l.:(;J.r. 'l-J.t;.l'N(.i1,lt~).h:'\'lt."'~': ~F.. ..t.. .......:':~.,... c' ..~-(/< . .' . .' "';1";;;,;r-t.I-._<tlf2'-~"- ~ r',. ,..to; ':1...". ........~~..,,~ .';T ,..... .;. '.".. .'.~, :>....~.......c._.t:-.. 1"'l.r....i't..,~';:,.\.-.I'..~.~..~~;..1\.'t,;T,~~,.,.::..... ';"" ~;.~...~:_~,.: ;, .... ~ ~... ~. .. : o , ,',0 ",0 ' ' ..-: ..- )' .c Development for Walgreens Drug Store located at the corner of Belcher and Sunset Point Roads and approve the final site plan with conditions: 1) A fire hydrant assembly shall be installed not more than 300 feet from the structure; 2) If structure requires or has installed an automatic fire sprinkler system, a Fire Department connection shall be installed a minimum of 1 5 feet from the structure, adjacent to a paved drive and within 30 feet of a fire hydrant assembly; 3) Prior to certification, the Dumpster Requirement Form must be completed and returned to the City Solid Waste Department~ 4) Prior to certification, a copy of the SWFWMO permit application is to be provided to Engineering Site Plan Review; 5) Prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be provided to Engineering Site Plan Review; 6) Prior to certification, the final site plan must be signed and sealed by a Professional Engineer registered in the State of Florida; 7) A Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and including meters, backflow prevention devices and hydrants are required prior to the issuance of a building permit; 8) Backflow prevention devices must be installed by the City with applicable fees being paid by the owner; 9) Prior to certification, a Pinellas County driveway connection permit will be required for new driveways onto Sunset Point Road and driveway modification on Belcher Road; 10) All existing and proposed utilities are to be shown on the site plan prior to certification; 11) Prior to certification, plans are to show 50 feet of adjacent topography around perimeter of site; 12) Sidewalks are required adjacent to all street rights~of~way - to be shown on the site p'an: 13) Handicap spaces must be adjusted to meet government standards; 14) Parking and/or driveways (placement of wheel stops) and the site plans should show the sign placement to the approval of the Traffic Engineer; 15) Dimensions to be shown on the plan to denote measurement for aisles. parking staUs, entrances, etc. 19 foot depth; 16} "One-way,'l "Do Not Enter" and "Stop" signs to be placed with all the connect points up to Belcher Road; 17) Prior to issuance of a building permit, a copy of the approved SWFWMD permit shall be submitted to Environmental Management; 18) There must be free-visibility for one-way area with aU landscaping done; 19) Signs and fencing/walls are subject to separate review and permitting processes, commercial plan development; 20) The requisite building permits must be procured within one (1) year from the date of certification of the final site plan 811d all requisite certificates of occupancy must be obtained within three (3) years of the date of certification of the site plan. A Unity of Title shall be recorded prior to certification of the site plan with Pinellas County office records; 21) A Unity of Title shall be recorded with Pinellas County Official Records prior to issuance of any building permit; 22) All permitted uses for the Commercial Planned Development shall be listed on the final certified site plan; 23) The applicant shall contact Parks & Recreation for the required recreation/open-space assessment fee, which shall be paid prior to certification. There will be 2% open-space assessment fee; and 24) The following conditions for approval shall be listed on the final site plan: a) Permitted uses shall be as listed below: i) indoor retail sales; ii) restaurants with no outdoor seating, outdoor entertainment, or outdoor speakers; iii) medica' cUnics/laboratories; Iv) business/professional offices; v)' business services~ vi) personal services; vii) Indoor commercial recreation/entertainment; viii) nonprofit social or community services; ix) art galleries/studios; x) veterinary offices; xi) one alcoholic beverage sales establishment, package sales; and xii) alcoholic beverage sales, consumption on premise for restaurants only; b) All perimeter landscaping shall be provided on both parcels prior to the issuance of a certificate of occupancy for any parcel; c) Dumpster location(5) for the outparcel shall be limited to the eastern third of the outparcel site; d) Loading operations shall be prohibited between the hours of 11 p.m. and 6 a,m.; mincc12a.94 5 12/01/94 . ~. rt,t:I,.~-..",'-. ~~.. ...,... .. - ~),a.i(. . ~. . c. . ~ . '<~'>:". " ,_ ,;' ,,' ". ,,' .~,', ~~~~tW.&iii<l(..'i:&;:~~'i-~~:~~f;i~,~:fl~b'iij.I, ~;.;'\.;i,:,'.i~.e./~l.t\"~'~~,.:<,}'",~~.:;,;,'.~;.:~>>.:;: ,:.::~:;: ,::' ,,;:,'; :t!i:\~'~\:',,:::,;,::':~;.:::i./,(,.: I,~,/:.,':' }:,,_ ' .:. ,', ~.,:) .~ ::-~. <.' < '. n ~,...-- . ,,' , " . . .'. ". , ',' . :... . "::':"G' ", .> \'.. ~:'-~':" . .~." .~ -' . 'r.~ : ...., ". .;' ~.'."c' .' 1 !........... ,:.' . "." '. J,. ~ <~~ . I .' , :}>,"';' .:' ; :,. . l/:'"T": < .1,_ ..". .c ,~ , . n. . .c;. '.',>.', if::; ".:>, 1:'1~~.;"';'~" . ;~~~~:;:,: . ; , ~~~:,:{.;,: " , .'. . " I . c ~' ~} ~'. : .: :~.':. (.. - .-c . '. , : ..','. .' , ""L~ :....~ ;.:' <>;r ", '. ~." : i. ~ I . and e) All site lighting shall be directed downwards and away from any residential areas. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5715-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5715-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayesu: Fitzgerald, Barfield, Deegan, Thomas and Garvey. UNays": None. The City Attorney presented Ordinance #5716-94 for second reading and read it by ,title only. Commissioner Deegan moved to pass and adopt Ordinance 1/5716-940n second and final reading. The motion was duly seconded and upon roll call, the vote was: UAyesu: Fitzgerald, Barfield, Deagan, Thomas and Garvey. UNays": Nona. The City Attorney presented Ordinance #5717-94for second reading and read it by title only. Commission~r Thomas moved to pass and adopt Ordinance #5717-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayesu: Fitzgerald, Barfield, Deegan, Thomas and Garvey. "Nays": None. 'ITEM #11 w Public Hearing & First Readina Ords. #5718w94& #5719-94- Land Use Plan , Amendment to Commercial General for Lake Belleview Addition, Blk 1, Lots 1-22 & Blk 2, L'ots 1 w16; CI Zoning for Lake Belleview Addition, Blk 1, Lots 1-22, Lake Belleview Addition, 81k 2, Lots 1-24 and 'to IL for Lake Belleview Addition, Blk 2, Lots 25-27 (Related to Special Zoning Study w La,kevlew Road)(City, LUP94-24, Z94-1 OHCP) The varied zoning pattern on the south side.of lakeview Road between the CRX rail line and Ewing Avenue does not correspond well with existing uses. Two area property _ owners, unable to expand their businesses because of existing zoning restrictions, have . contacted the ch:y. Based on property owner interest in a revised zoning pattern, staff received City' Commission authorization to proceed with a small scale study to look at adl11inistratively revising the area's zoning pattern. , The subject study area's nonresidential zoning does not provide for existing or future uses. However, the existing zoning pattern does protect surrounding low density residential uses from intensive nonresidential uses. Staff feels the Infill' Commercial zoning district, initially used in the N Ft. Harrison Avenue area, 'can provide the range of uses necessary for the nonresidential area to thrive while protecting surrounding" low density, residential uses; minor expansion of an existing Limited Industrial zoning category is also proposed. Staffrecommends changing the code requirements restricting property access to better protect residential uses through the use of zoning district lines. Most zoning mincc12a.94 6 12/01/94 ~ :--:-, ~~~~\'i;;~H4:iv~~~';Y'~':.;,~' \<':I\r\ ..:;. ~;,:, ~ -..' ,\1,\ j ,',;; ,. " ~.' .', ' . ." '-~, ..', .;,: :';' ,'..:. ~','.\.. ~. -:'" "'~>:'c~~~ :~~;'/:;:",'~;",s,:, ~:': .,'.,:'::.':.....' ,.',':,.,:.", ",', ""t"l.'" ,~'. '~~~it,\~~R~~~}~\t~1\~~t:n~~~~!~,i~r.;fu~i~~~s~~;~~1~~if~~~;:~!'~f;}~W~H~:~it~~~ ~i!~1ji; )Ji,:'0,;,:.t".,:;';(,:' , ' ' ,,',' ;' , .', '.! . " ','., , . .. <, -, ,--,'., .. ., ":. ,'. '3d ,....- - , , . '. ". '. +. .'.:. . . /. . . I '. . . ~.' .... . . ..' .'. ., . . " . . . . ' ...I~"""'. . '. ,~ i, "0 :.' . > " . . '.' " , ,. , '", . ' , ~~:,>,; ; . .,;.4 T' ,..' ~. .'. ':\. - ~f ., "1- ,.> .,P:. .:. . . 'r.'! ~.. ',':, j. ,;.-' "~. ,."" . . .-, ~ . .' "/">. : ~>. .<.; L ~ .'~ , > " 'I: c. ~ '.~:>, " 'c. >. '~:Ir~'.' . >.', L ',_ ,T> ,:.:'..;-' .... .. , ' ,,' r..,:, district boundaries run along the centerline of roadways. A different approach permits residential zoning boundaries to run along the side of a road's right-of-way and allows the developm~nt of regulations to forbid access of nonresidential zoned property across residential zoning boundaries. With this regulation, no access to commercial property could occur from a ltresidentially zoned" street. Communities with this regulation allow access to "residential" streets if no other "nonresidentialtt access if available. The City would need to determine which streets would be zoned "residentia'" and "nonresidential" streets by performing a survey. This long range study could be included in the FY 1995/96 Central Permitting work program. In the interim, this regulation would help with the small scale zoning studies currently being prepared. Shifting the residential zoning boundary of the Lakeview Road study area to the north side of the Dempsey Street right- of-way and halting future nonresidential driveways from Dempsey street would increase protection for residential uses of Dempsey Street's south side. . As available land is used up, it is important to address the inevitable conflicts between land uses. There is a strong need for careful redevelopment and Infm planning to minimize land use conflicts. Staff recommends adjusting the lot area requirements for manufacturing uses in the CI district. The current conditional use permit requires a minimum of 30,000 square feet of lot area for this use; staff suggests a reduction to 10,000 square feet of lot area. The conditional use review and approval process will protect surrounding properties. Ordinances revising the land use and zoning pattern for this area have been developed. The ordinance revising the Land Development Code to limit nonresidential access and adjust the lot area for manufacturing uses will be processed on a different 'schedule, and will come to the Commission in January 1995. Mr. Shuford said staff completed the study and developed a solution to the problems of the variety of zoning districts and the land use and zoning classifications not , matching actual uses. He recommended rezoning the entire s~rip to Infill Commercial and changing the Land Use Plan accordingly to accommodate existing uses and allow some additional uses to be considered. Staff does not feel the land would be redeveloped with the limited office or neighborhood commercial zoning. , At the November Planning & Zoning Board (P&Z) meeting, the board heard comments by staff and neighborhood input. A petition was presented by owners of residential property on the south side of Dempsey Street expressing concern regarding the 'potential Increased intensity of use along their roadway. As a result of a tie vote, P&Z's recommendation is to deny the proposed zoning. Mr. Shuford felt some of the concerns expressed by the residential property owners can be eliminated by amending the code to preclude driveway access from commercial properties to Dempsey Street. He also recommended reducing the area required for manufacturing uses. , Mayor Garvey Questioned why this problem is being addressed. Mr. Shuford said the City was contacted by two area property owners who were unable to expand or mincc12a.94 ' 7 12/01/94 ~jJ~:liii;j;I;Jlnc . .:.....n..c_~...."'~~~~0~~~..,.r~I.>..;.'.:..:..':.....t.'.~.._.;.. '-">'"'"<::'/''~;'',''''c<''' '. . qT....~..'~. .:'~.'4~~'~'..".;~I'.'."'<\"_'~. .... :.,~~;~ ~ <, ,:,. '<. ,.,", ,;' .', ,'. :', ' "..~ 7 W~:J.'*'i;!~;;{;11ffl<t~\l;;~~~f~.;;~:~)if'~I';?;:~~'t~,~tt~\~~~J~~.\+~~~,\\r;,al~9.'~~U~~.h~~t;~'~:'i.!n:~~:. < :,;i~'L~~~~ ~j6:i.}{X;'..:::, >',>;..;::' :,':"i::,':/.'>::.',~:':..i~ ~,:~,;'" ",. .,.. '. " "'.' - ", '~~H "...~.-.:)~,ll'~,' ",~""~~,,~,,~~,,,""'~>"'" '.. ,.., I) .p.... redevelop their property because the zoning made them nonconforming uses. It was very difficult for the property owners to use their property. He said staff is sensitive that the area runs along a lake but felt the proposed zoning contains controls that will allow redevelopment to occur in a manner that is attractive and acceptable to the neighborhood. Commissioner Deegan questioned who made the original requests and where their property Is located Mr. Shuford said Gerald Rehm's property, west of the public/semi- public zone, is zoned neighborhood commercial. Property belonging to the owner of the alternator shop is on the other side of Shore Avenue and is zoned limited office. Commissioner Deegan noted the only reason to address the whole strip is to accommodate the alternator shop. Mr. Shuford said since the P&Z meeting, staff knows about owners of other nearby properties, such as the florist shop, who are anxious for change. ".e , , Pastor Gerry Hurst said his church is on Turner Street. He indicated nine families have moved into the subject area and have remodeled their homes. His church remodeled two crack houses on TuskawilJa. His family purchased the old Coca-Cola building and has 'invested $35,000 in improvements. His investment in the area totals $0.25-million. His family has lived in the area for 20 years and is personally affected by the proposed changes. He indicated plans to invest an additional $50,000 to $60,000 in the Coca-Cola building. He understands and agrees with the importance of protecting area residents by limiting access on Dempsey Street. He said the land was originally zoned commercial. He wants to see the area grow and prosper and indicated he supports the recommended changes. ",,', :',>.,' Keith Estes said he owns property on both sides of lakeview and the zoning is a mish-mash of uses. He expressed concerns with passing the ordinance as proposed. He said he was speaking on behalf of owners of property on the north side of the street that is not included in this plan. As there is only one house on the north side of the street, he felt this property should be included in the proposed plan. He requested staff and the Commission reconsider one type of zoning for the whole area. He pointed out lakeview Road is not a residential street in this area but a com'mercial street. He supported the 'proposal and requested i.t be expanded. He expressed concern that a minimum of four acres must be included in a zoning change. ' , ' '<, ", ;~~~,:.~<. . /j~'::. :', :.r,(:" ' ;,;'. ' 1;-- {::;.... "T'" ~'. :' ", . , " Commissioner Deegan questioned the opinion of the owners of property on , Tuskawilla that becks up to Mr. Estes. Mr. Estes said that would have to be determined by Mr. Shuford in the study. He indicated one of the houses appears to be a drug house, a fourplex with one bedroom apartments sits on one lot, one lot is owned by Mr. . Yarborough who is for the change, one lot is vacant, one house is vacant, and one is scheduled to be razed. He said a zoning change would be an improvement. . . ~ . I,' '. J Mayor Garvey questioned the zoning on the east side of Ewing. Mr. Shuford indicated that land is a park and is zoned open space/recreation. He did not know the zoning of the property across Lakeview from the park. Mayor Garvey questioned the zoning north of Tuskawilla and west of Ewing. Mr. Shuford said he believed that property is zoned ~S-8. o mince 128.94 8 12/01194 ~_. -, . on ~''''''----Mr~~''''..L~~L~~~~t:~'!~~j..... '~i:.~;;:C..:r.\'~'~ ~~....:~.j',:, ~. . >' ;"~"~;'.~" ".:.". :~'L:""::I.; 'w',... ;.' ':'T~:t.~ ,...:.~I': ...:.' .....~.. .~I....;::..!r;.~: ..~.~':~.. ..~.:.\.::;.~~;..:.,:.;~~:...j..~ .'. .~. . ... ..." . . ~1.fJ.~~\~1,tt:~~"';"J~t:'~j"'?';1)....,I-I:;J~\""":.~l!' 'i~'~\1~'i.~.;t:":.~.~,,:..~.~.~J.'..' ;~. ~~.:/ ~.>,i.. .:-.....\./.. ':~,:.~.~;'''...::. :,~'\':~v (01'i~~~t"""~~';;l'~)"~. .~\~;~f;r1~ ~(.',./:','."..":~ ' :'.'>';'. '. .". '" . ......~, ')"~'Jq~::,...~.~t":.~',~'''':''.I:':~<.~~'~;);'~'~i:.'!',:t:d::....l?i~~;......)l~j{'~~~..~'r~,~:'"'< ...:~~.~'...' , ~. &ti~;;g;;J'.' ". ". . ',' ..'. ...~..~ ..-- G '-,.... ..' ,:, L ,.,0 .,' ..~ c , . .' ,I ,'. , ' t \. \...., " ~:',': ':. , . . . . ~- . \~.. ~. , .'. ~ , '. '''0 . . ',' ~: '. Mr. Shuford said if Mr. Estes is interested in changing the zoning on the north side of lakeview, they will not need four acres to meet the minimum for a zoning district as there are other properties already zoned appropriately. Only the general area of where the zoning is would need to be four acres. Gerald Rehm said he strongly favors staff's recommendation. He owns six major buildings and more than 30 lots, for a property investment of more than $1 ~million and a maintenance investment of more than $200,000. He made his original application for a zoning change in October 1990. The P&Z approved the request and the City Commission had a first reading in April 1991 and amended the Land Use Plan in June 1991. No action has occurred since then. Mr. Rehm said the proposal would meet his minimum needs for the expansion of his candy factory and the use of two buildings. Because the zones in his "red barn" building are mixed, he has been unable to rent the building out for more than $1/square foot. He noted his candy factory was honored as a Supportive Employer of the Year of the Mayors' Council, Pinellas County for a project that employees 11 UPARC participants in a sheltered workshop. John Chaslowski, owner of the flower shop on Lakeview Road, said he purchased the property based on it's commercial zoning. He said when the property was rezoned, his property was ttgrandfathered.1I He supports staff's recommendation. Edward Smith, owner of the alternator shop, said his land was zoned commercial general when he purchased it in 1979. At some time, unknown to him, the property was . rezoned. He indicated his business is successful and he needs to expand but in 1989, he discovered he could noti due to rezoning. The Mayor questioned why changes are proposed from Neighborhood Commercial to Limited Industrial. Mr. Shuford said the Limited Industrial zoning change is to correct an error made when the property was rezoned, causing a zoning line to run through the middle 'of a building. He said a few lots on the western end are going to be Limited Industrial and the remainder of the Neighborhood Commercial zoning will be changed to ,Iofill Commercial. The public/semi public and the Limited Office will be changed to Infill Commercial. , John Horton, owner of two properties on Dempsey Street, said his property was zoned RM-28 for apartment houses. He said this proposed change will upset all of the residents on'Dempsey Street. He indicated 90% of the homeowners signed the petition. He'expressed'concerns regarding late night lights, deliveries, etc., bothering Dempsey Street residents. The prop'erty owners have worked hard to improve their homes and 'should not have to accept commercial enterprises facing their front yards. He expressed concerns that increased development would further pollute Bellevue Lake. He suggested the proposed zoning be limited to industrial parks. Joe Bono, an employee at Auto Electric on Lakeview, indicated his business is the only one that receives big trucks that enter and depart his company's property off lakeview. The business does not have dumpsters or late night lights. He said the business is trying to improve to prevent pollution. He indicated business owners want to use their, properties for the purposes for which they purchased them. mincc12a.94 9 . 12/01/94 ~Y'''''~l'' p...-.....-...-o:-...~>c ..- . ~"""~/j~i~..J'.i~i'."'L''';'~':'''''/,~,,,,,::.~'';).,~,,~ ';,..~/....":,.~:.',..,".::.o-"/:'~'~'~r"",~''''.',l'....,' 1-.::......:~:J;y.,.....~.I'--!'~.~.,;. ~~ . ',,~\~~; ';'~"':" ."';'.:.' ' .! ~ :::, ::' ,.', ,: '-: ':,";'''' ~ ~ .\IJ~.:..."i/Io.~;f$~~~1j~~,r~~~i\'t;i#1~iJ~~);~~M:-iiiil..:~1";.:.~i~'!; ;;~,;iJ?f:~~~G..t;.~~,:.~;~~~t;.:,:,.!",:.;.. .q~.,-"; :' 'i'^':~; t~~:\'~;.~1./..::~;).: '. ':..;d". . + d.: .:. :' ...,. ,~.' .:' , ',,' . ,'. ' .' ,. '. .'~ c ,.~. t-;'U~ . '. :~~~..-:tk~.r '. 'L. ~. .I~..-,..' .. 'Jo~ J<,i~~!:jfrJJY/.~~t~.~:'~.,'! >,.I.,I.of!' ,', .~.,J>,:,,:,~ 'I '. . I . r ' ,... " . . .,.'" . ,,' '.. , . : '.. .,' , ,. ~,'. . .'. . '., ~". , . '~",," ( "',, ','" '. . ~ .t.:c' '" ..' ~ . . };.,~ " .r~~ . '1:~~... ...~1" .~.~;<r: . ;J.:O. ~~:1'~;.' ,',,". I):'. 'r' ~;,:::':: .~~~~i: . . ...~...,' c t~~~> .. .~(~ " ' .... ':'. . --.+ ~.:- > , C : . .~ , . ....1. . " .' , '. .~ T ..' " ~: "" . ...,"t'.. . , , . -',<," . ~ ..". c . ". . ' , '.",. ::-0 ]"F". ,,: Mayor Garvey noted if the zoning is changed, the City cannot prevent permitted businesses from locating there. Bob Bickerstaffe questioned if staff recommended changing the zoning to Infill Commercial. Mr. Shuford said the Land Use Plan Classification is Commercial General but the proposed zoning is Infill Commercial. Mr. Bickerstaffe expressed concerns regarding the type of development that could occur if the zoning is changed. He said the area should be developed to be used the way it is intended now. He recommended no heavy types of manufacturing businesses should be permitted. He expressed concern regarding the traffic impact on Dempsey Street. He recommended buffering occur with a strong emphasis on shrubbery and painting the buildings, and keeping the area clean like a residential area. He said commercial property owners have allowed their properties to deteriorate. With the changes Mr. Shuford recommended, he felt both the residents and commercial property owners will be able to accept the zoning change. He supported staff's recommendation. Mayor Garvey questioned what the Commission ultimately wants to see there. She questioned how to best protect the area. Commissioner Deegan questioned the difference between General Office and Infill Commercial. Mr. Shuford said General Office would allow a wide range of office type uses but would not help the present non-conforming uses. General Office would allow taller and larger structures to be constructed. He suggested if the Commission prefers offices in the area, Limited Office would be a preferred zoning designation. Commissioner Deegan questioned some of the uses that would be allowed under lofill Commercial that presently are not allowed. Mr. Shuford said some of the more objectionable permitted uses would include gasoline stations, printing/publishing facilities; it also allows electronic components and precision instruments assembly, and business services. Commissioner, Deegan questioned if convenience stores would be permitted. Mr. , Shuford indicated convenience stores are ellowed in all commercial zones as indoor retail sales. Commissioner Deegan questioned if a Pick Kwik could locate there. Mr. Shuford said it could but felt the area is poorly located for that type of business. Commissioner Deegan said the City considers Lakeview a commercial street and is therefore subject to development by commercial interests, such as convenience stores. Mr. Shuford said this is not 8 typical location for a convenience store. Mayor Garvey said convenience stores locate where It is convenient. Commissioner Deegan questioned if there were future changes to Myrtle Avenue planned. Mr. Shuford said the project to extend Myrtle Avenue south to' connect with S Ft. Harrison Avenue is dead because of the expense at the railroad crossings. He said a number of more intensive land uses permitted in lnfill Commercial with a conditional use , permit include manufacturing, wholesaling, and distributing. He said when these requests are pursued, the City can indicate to the P&Z if the City wants added buffering or limited hours of operation, etc. Commissioner Deegan questioned if it was possible to take care of the properties in the southwest section of the subject area without changing the entire Limited Office area. Mr. Shuford said the Commission could do that by adopting two of the ordinances mincc12a.94 10 12/01/94 ~~;:ri'rt7"'.-.. '. .., :__c. . .: L~"~~~~~~. ~".: ~~~;).' : ",:. ,;,,~"i":: ~/",) ./).>. :....:(..1~... ..~. ~:..:: .,'~' ~. ".', <,.. ... '" .: . ..\.)~. , '>:T'.<.'~"c<"; '~...:.:,;,L: '~":"~~~'~:"l ::t:~~~.4.:. .~:. r .< :,"< > .:;~.!.~ ,'~';'" 'IS"'~~.~, <"J.: ~:.'; ":. ~ ~ .~. .. ~, . ":: ~', .... \". ."~"..;" ~" ~~~~~\.~~,ti;;~;f;'~;"w~~~~j~j~~i.t~:r~LJ~J.~~I~'-;~.l,lf~:':!r~~~~""~t/ :-"~::J} ':'"~L>~~"1.~..~:~~~.t~LVJ~r;~J(~~~~{f;.~!~..~.~;! : ~:_~. ~'.~~ t~ ~ .3.~!!i, ,,1'-" -' ' ., Ir:~r~.~: ':-: ",'. rJ ............. '0 , .. , . . ", ';\"r '. '. . ,'. . '" I-.:~:, ,. :+T 7. .} . , : :::' l' :!'.'." ,. ' , , , .' , t~ ~CL, W' " , , presented tonight: one change to Limited Industrial and the other change from Neighborhood Commercial to Infill Commercial indicated on maps C and D. Commis~ioner Deegan questioned what could occur in the Public/Semi-Public section. Mr. Shuford said that is listed as Part B. He recommended stopping at the Public/Semi-Public area because it is owned by the City. Commissioner Deegan noted there are only a few residential properties on the north side of lakeview near Ewing. He did not like the idea of making wholesale changes in the zoning because of the impact on Dempsey Street residents. He said if the Commission changes only part of the zoning, a piecemeal zoning situation will still exist but he did not think that was bad. He opposed changing the zoning all the way to Ewing. Commissioner Fitzgerald expressed concern regarding the impact on Dempsey Street residents. He agreed with Commissioner Deegan and suggested the recommendation may be going beyond what is wanted and the City can lose control. Mr. Horton agreed with Commissioner Deegan. He said no residences are located across the street from Mr. Rehm's property located at the end of the street. He said Dempsey Street residents would not object to commercial businesses' on that property. He said the residents do not want those uses next to their houses. Mr. Smith said he understood Mr. Horton's concerns. He indicated no one here is , trying to construct a convenience store. He said his property was zoned General Commercial when he purchased it in 1979. He indicated he is not asking to do anything more with his property than was originally intended. He said the neighborhood commercial zoning would enhance the neighborhood and Dempsey Street because egress and ingress to Dempsey Street would be limited. Mayor Garvey said if a zoning category is adopted, it is impossible to say what uses will occur 10 years from now. Mr. Smith said he should not be penalized because the City changed the zoning on his property from its previous designation. Commissioner Deegan said Mr. Smith lost that argument when the rezoning took place. Mr. Chaslowski said when the City advised him of plans to rezone his property to Limited Office, he was told beautiful office buildings would be constructed in the area. He was told not to worry about the rezoning, the property will be made beautiful, and doctors will move in. He objected to the recommendation to spot zone the area. He begged the Commission to give the commercial property owners a chance. He said the City had promised that things would get better. Mr. Hurst said his property was previously owned by two people who had attempted to bring occupants into the building but were denied. He indicated he nas had , four requests for people to occupy his building. .Under current zoning, he cannot lease his building and the front sits empty although he has a great deal invested in his property. He noted the Commission has the ability to limit a convenience store. He said he had no objection to constructing a wall or whatever type of buffering would be required to protect Dempsey Street residents. He said the business property owners need relief with the zoning regulations and recommended the Commission limit uses they find objectionable. mincc12a.94 12/01/94 1 1 ~~fi6~~:'-" ",-~,:",~.~.~~:.;~"""",...;", :;;~:,"',i. ".'.::'J '......" ."",.;,. ,', "..,.,.;..,t'.'.."...:., ..':'.',... -. ,',.....-.;:, ,','",' ,..,..." ',', ' ',. "." ..' , · - .,-'~~I.......J.;,,""\)l..;:~I..:fj;l1.4:l1~~li.;';~li.;...'~\i,j,...:.;:P.',i:.<::j..,J{.4;i#-';:;'l.;.\"...~.:"t~~i :,,\,,'."'fl~,~ :.. ;;.:.., 2:.~'<~.,,~~.,c~:..r:~.~.:..::.:.,..::...... ".<'.: '"'. '. .-:: ':'.:1 . .'.. ...,. . c' . .... ,'>~ ~..:.~ I .r~U'!l~7.~,.~....&:,t:t~~~,,'i.'~./t~~.~~)~.}!:~~f,~it;!\?~?f~~:t.:tiJI~~;l(.l'.~...=/..l\'l~i . - .' .' '. " " '. ~. .:: ~,.',.:. '., '.' . ' . ..... . .' '.: . ~ . ""'.} >. , (~ o o Mr. Estes said the Commission is laboring under false premises. He indicated the lots are 26 feet wide. The house beside Ewing Avenue is on two lots. A duplex is located on the property next door. He owns the next house. The flower shop is on lots 5 and 6 next to the doctors' offices that are next to the Coca-Cola building. He said if the zoning is changed as Commissioner Deegan recommended, the Coca~Cola building will be left out of the change. He noted the owners are prepared to upgrade that building and make it magnificent. He could not conceive of locating a gasoline station on these small lots. He said Commissioner Deegan's proposal would also leave out the alternator shop which is an asset to the community. He questioned why the Commission would go against the recommendation of staff. He sympathized with Dempsey Street residents but felt things could be worked out with fencing and buffering. He said if the change is "hodge-podged," the problems experienced in the neighborhood will continue. Mr. Rehm questioned which ordinance would relate to his properties. Mr. Shuford said the ordinance would affect properties to the Myrtle Avenue right-of-way. Mr. Rehm said his property extends to Shore. Mr. Rehm said he owns eight lots in that area and noted that another zoning code was needed. He said he was willing to not be concerned with his eight lots being rezoned commercial tonight, in return for a study to address properties between Shore and Ewing that will develop a long term plan to allow investment in those properties. Mr. Bickerstaffe said there is a problem with small arees needing redevelopment all over the City. He suggested this area be used as an example of how similar areas could be addressed. He said the community can look good with the inclusion of light manufacturing without damaging businesses or property values. . Mayor Garvey felt the preservation of buffering between commercial and residential properties is critical. Commissioner Berfield questioned the results of the Infill Commercial zoning designation on N Ft. Harrison Avenue. Mr. Shuford noted the positive result of the opening of the Institute of the Blind's distributing warehouse. He said a change in zoning does not create magical redevelopment. He recommended asking staff to look at the uses allowed in an lofill Commercial zoning district and change the permitted uses that concern the Commission with conditional ones. Commissioner Berfield questioned how that change would be handled in the N Ft. , Harrison area. Mr. Shuford suggested instead of creating a new zoning district, the Commission review the permitted uses and change to conditional uses, the ones identified as causing concern. The uses that are not objectionable can remain as permitted uses. Mr. Shuford said the Land Development Code would have to be changed. He suggested changing the Land Development Code before rezoning if the Commission is worried an objectionable permitted use might move in before the permitted uses could be changed. Commissioner Thomas said he did not agree with spot zoning and felt staff's recommendation was satisfactory. He expressed concerns regarding Dempsey Street residents and indicated he had not heard a solution. He questioned how Shore Avenue would disappear. Mr. Shuford said it will still be a road. Commissioner Thomas mincc' 2a.94 12 '2/01/94 ' E7~;::'~ ' ~ ... ---~'.~"",,,,~~j...ir.I""..t\~.~H~~:j,;,~:;~iJ",;~..;;;s:.~i~}h';'~:';'~!; :,.'.:'~'~'{.~ ~ ";; , ~'~'.~~;J{"I'';' ".\~t.'._ ~; ~"~:l~:'. '...,:' +, P . ,~." .~,I;.:~ 4 ~~',,~ ''':~.: . I. ..:~~.;:.'~ . . ~.... .n*''''l.t./~~''''.t'i'''...( ~r4J:"i; ~L.J.}~t,.. !~'J;.t'''''''''J..',>'''''l~'~'''p..-1io:\..'t'I't'''.J''''''~''.tY1......t.~ ,"-:<.".,,,; -..d. . \f"JI .,.' ..._, ._ ~\' ~~~+ 1" ,}'.l-c"1',:!,......:,.~~ ~!~.J".' , " .. ,~ .. ~.. . ........, ~ .. r' ., I . ~ I' . .,1'. ) ". I,.: . .:.:: ." , " .... ~ , .']', questioned if it was possible for Shore Avenue to disappear. Mayor Garvey did not think Dempsey Street residents would agree with that recommendation. Commissioner Thomas said closing Shore Avenue would make it easier to restrict commercial traffic from Dempsey Street. Commissioner Berfield recommended posting signs prohibiting trucks on Shore Avenue. She said she did not like doing one thing in one part of the City and something different in another part. Commissioner Thomas questioned if the City could make it illegal for Lakeview properties to access Dempsey Street. Mr. Shuford said a proposed code amendment will do that. Mayor Garvey questioned who will enforce the prohibition on trucks. Mr. Shuford said it will be enforced by not permitting driveway access to Dempsey Street. Commissioner Thomas said the Commission should be able to pass an ordinance regarding abutting commercial and residential areas that mandates a wall or landscaping prevent access of commercial properties from residential streets. Mayor Garvey questioned if the Commission wanted that included in the Code of Ordinances before the zoning is changed. Commissioner Thomas indicated this problem occurs over and over where a commercial road abuts a residential neighborhood. He stated the problem needs to be solved and said it appears staff is working to solve it. 'Commissioner Thomas questioned if the rezoning is passed tonight, will someone rush to build something in the next 90 days before the problem is solved. He concurred with removing some of the permitted uses under Infill Commercial zoning. Commissioner Berfield noted if the rezoning is passed tonight, protection is not yet in place. Mr. Shuford agreed. Commissioner Berfield questioned when the protection would be brought back to the Commission. Mr. Shuford said the ordinance prohibiting commercial access to residential streets will come back in January. Commissioner Berfield questioned if the Commission could continue the rezoning until the ordinance was ready , and approved firstto protect the neighborhood. Mr. Shuford said staff had intended to bring these two issues to the Commission simultaneously. Staff did not see the delay with the ordinance as a problem because development in the Limited Office and Public/Semi- Public zones first must go through the lengthy process of approval by the Pinellas Planning Council (PPC), etc. Commissioner Berfield questioned if a date should be indicated if she moves to continue the issue. Mayor Garvey recommended addressing the two small parts tonight and continuing action on the rematning parcels until later. Commissioner Deegan said he had suggested addressing Parts C and D and taking some action on these areas where no one objects to the change. He requested staff review the permitted uses under Infill Commercial for ones that may be objectionable. He said once a list has been established and the Commission is satisfied with the recommendations, the Commission can take action on the Limited Office zoning. . Commissioner Barfield expressed concern that tha possibility for objectionable . , . development still existed if the Commission approved Parts C and 0 with no protection . before review of Infill Commercial permitted uses. Commissioner Deegan noted the .0 ~', . " . mincc12a.94 13 12/01/94 ~~'i~!iaim"~ - ~ ~~~C;./':~~}:~:~i?,>~.,,: " . . . ~:. .' ..' ~; . -;''WJ;w..~~ijt..\lJM':;''~,l~ti~J-.;.:;~i 'j'':.~';I~J::i'';/;j.X. ;:':~t:.~~:!::~,~;;.l;~~:f~~i~;~~b"(;::;):~;!.{g~~'!::~~ ~::;;if:J~~(; 4~~:~~){.,\}~ ';.'~ :;." ~ :', ." :";li~ . .' " >.. " '. , ' ,~ '. .' . , r. ..' I. .' . . . -., ..... . \, . . '-, f) ,,~ representative from Dempsey Street indicated there was no concern regarding development in those sections. Commissioner Thomas said he had no problem with addressing Parts C and 0 as long as the parts not being addressed are not dropped from future action. He recommended action on Parts A and B be continued to allow the ordinance relating to access to be approved. Mr. Shuford said development in Parts A and B first must be approved by the PPC, etc. He said if the Commission adopts the changes tonight, the second reading will be January 5. 1995. He suggested amending Ordinance #571 9~94to accomplish that change and deny Ordinance #5718-94so staff can start again on the zoning of Parts A and B. He recommended soliciting comments from the Planning & Zoning Board regarding Parts A and B. . Commissioner Thomas said he did not want to deny the rezoning of Parts A and B. He wanted action postponed until staff comes back with protections for the residential properties. Mr. Shuford suggested the Commission continue Ordinance #5718-94. Commissioner Berfield moved to approve Parts C & 0, the Zoning amendment to CI Zoning for Lake Belleview Addition, Blk 2, Lots 17-24 and to Il for Lake Belleview Addition, Blk 2, Lots 25-27 and to continue the Parts A & B, the land Use Plan and Zoning Amendments for Lake Belleview Addition, Blk 1, lots 1 ~22 & Blk 2, Lots 1-16. The motion was duly seconded and carried unanimously. . ....0 " , ' The City Attorney presented Ordinance #5718-94. Commissioner Thomas moved to continue Ordinance #5718-94to a date uncertain. The motion was duly seconded and carried unanimously. ,j'., A ' ~';.:. . '~"." . {;;.#~". : The City Attorney presented Ordinance #5719-94 for first reading and read it by title only for the portions that include Parts C & 0, noting it is being modified to delete Parts A & B. Commi~sioner Fitzgerald moved to pass and adopt Ordinance #5719-94 on first reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey. ':::.: >. ;. .. "Nays": None. .,.; . I,' ." " Commissioner Thomas questioned if a setback, fence, and landscape buffering will be required as part of the proposed changes to limit commercial access to residential 'streets. 'Mr. Shuford indicated those requirements were already included in City code. Additional exterior buffering could be added as conditional use requirements. ;." > '".. " .~ <.,. ~f . .. .' , ~'J. ~ '.~ .: < )~'~l.' : '. .'. ITEM #12 - Second Reading Ords. #5640-94& #5641-94- land Use Plan Amendment to Institutional for Parcels A, B &' C; MPD Zoning for Parcels A, B, C & 0; and Master Plan for . ' various prop'erties east & west of S Ft. Harrison Avenue and north & south of Pinellas Street (Morton Plant Hospital Association. Inc., at ai, LUP94-15, Z94.06)(CP) T~<< '. . j . - . ...... . :< t"~ . Staff requested this item be continued to January 5, 1995, due to an advertising . ' ., error. :"0 mincc12a.94 14 12/01/94 '., .... : ;t" " , , " ,. , . ;~;O~,' ~~, --- ..,..---. ..-:----~...h~~..i:.::,...~.;.:J..,.::",...~... '<';'. .' .".,... ','..., . , ...'....' '" "; ,,-,' ,:..;. '....".. ,:1,;'r.. ~~.....,.......- ': -.....~'~'~.qat~tW.f~\..~~$l~;;t;ik,.4. ~!.::i~.~~I~"""" "l.~.L .~.. ,~: : \. I ;~.. ....~t-r~ :"- '~,.Q.! ,~~ ~~.vi'l< :;.~...~ ./~~~ . ~{;;' ..:~r~Y .....~ ~.'" ~tf ~. '. < . ~. ".'.'-"'.~~ ", ...f'"l;.~Ii:"",,~"";1'~-T,~,-.,:..,.~I~i~.t:~'7..l\\,1U')~'Y..,I~.,...-(i... -t'""'V"lt' ~."'" . ~;\,";i,:,':~;,;:\ <''':", .,J, . ,; <'< < <. ,'; .. .... . .. .' "" . . ., .. . ". 'r' t. . . ". t'. . . . ~\\~)Y'" ; ~ j . . I'J , ."<,, . .' . ',' >. " " , -,0 .... ,,<'j". ........: '-;~. ,~.l' . " ",T' ,. !:. :\h.. ,.-i c . , ;: 'c.. '", , ' ' ." - , "'t ' >',':' . ;:'0 " : ' , , . , ::'. ' .... Commissioner Thomas moved to continue this item until January 5, 1995. The motion was duly seconded and carried unanimously. ITEM #13 - Second Reading Ord. #5722-94- Park Place (CP) - Cont'd, see #150 ITEM #14 - Public Hearina & First Readina Ord. #5714-94. LDCA re bed and breakfast inns in residential zoning districts as conditional uses (LDCA94-25)(CP) On August 18, 1994, the City Commission directed staff to prepare for consideration a Land Development Code amendment to permit bed and breakfast inns in residential zoning districts. This direction was in response to a request by a resident who wished to establish a bed and breakfast inn on a property she owns on Sunset Point Rd. adjacent to Stevenson's Creek. Staff has developed a draft ordinance to permit bed and breakfast inns as a conditional use in several residential zoning districts. In staff's opinion, the conditional use permit supplementary standards for approval will appropriately control the proliferation of bed and breakfast inns in residential areas by limiting them to structures with historic, scenic or cultural characteristics. Mayor Garvey questioned if the criteria have been clearly defined. Mr. Shuford said the Planning & Zoning Board (P&Z) will determine the appropriateness of a structure. He ~oted standards on the bottom of page 3 state the use must contribute significantly to the promotion of the City's historical, cultural, or natural heritage and the property must meet all applicable life safety codes. Mayor Garvey questioned if the inns must meet ADA requirements. Mr. Shuford said if the home has been recognized as a historic structure, it would not have to meet ADA requirements. Commissioner Thomas questioned if the neighborhood has an opportunity to object. Mr. Shuford stated they do. Commissioner Berfield questioned how the home that started this process would quaUfy as an inn. Mr. Shuford said the applicant indicated her house's age and scenic overlook of Stevenson's Creek should make it a candidate for consideration. He indicated the applicant will have to go through the conditional use permit process. Commissioner Berfield questioned if Stevenson's Creek could be considered scenic. Mr. Shuford indicated it Is. Commissioner Berfield questioned if the applicant's house would be a candidate because of its age or view. Mr. Shuford indicated both reasons would be taken into account. Commissioner Deegan questioned the results of the P&Z vote on this issue. Mr. " Shuford indicated P&Z approved it and the Development Code Adjustment Board did not need to review It. Commissioner Deegan questioned if inns will be a conditional use only. Mr. Shuford indicated they would be. . . Commissioner Berfield moved to approve a Land Development Code Amendment regarding bed and breakfast inns in residential zoning districts as conditional uses. The motion was duly seconded and carried unanimously. mincc12a.94 12/01/94 15 .. "/' -'. . ~ :r; :: ':'."-. ':":'" ':,~:{.....,:- ~Q.Ii..t~~~~,..~;.., '(.:~. ~.''':.~:-': I.~ ...i......;..::~'L.. _, ..i":;..,........:...f..'.:. ".:.: .~..~.;.'...~ I. 1.'L....1...n!~ ,ft...".." . ..,~:";}t , ... <'1M',,' ~""f><t.\;':;;:t;il~'M\\~,I'*t-'.',:.!l:~~:;1.~,w~:i~,{4f~-',J:I:~~i0J.~il~}~if;J.~'f:,:\4f~isi~.;,~'$~~:i:w'\~:i': ',_".:!,'.';~J ':....:.. ....: ~.. '~..':'''- ". ... ...4.~~',;.....r-T.;" '. It~... .~~., P~" .~'...I... ~ ," .~(. ~~!d,w~~:::~~ " yg\~i:i~&l) /{:~" \"t:>, >., ' ~~..: ."" . n -../ The City Attorney presented Ordinance #5714-94 for first reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5714.94 on first reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #15 - Public Hearina & First Reading Ord. #5681.94 - LDCA re setbacks (Amending Sec. 35.11 to establish definitions for "Block" and "Blockface,u Amending Sec. 42.24 to revise requirements for structural setback requirements){LDCA 94-19HCP) " . " This is a comprehensive revision of the Setback Section of the Land Development Code. Recommended for approval by the Planning & Zoning Board, Affordable Housing Advisory Committee, Code Enforcement Task Force, and Development Code Adjustment Board, the code amendment: 1) simplifies and clarifies the working of Section 42.24 regarding setbacks; 2) establishes definitions for "block" and "blockfacett; 3) deletes or revises several subsections of Section 42.24 to incorporate simpler language; 4) deletes the requirement under Section 42.24(3) that all double frontage lots in a subdivision to meet certain requirements before any in-ground swimming pools and screen enclosures are assigned rear setback requirements instead of street setback requirements Cindividuallots may have rear setback requirements assigned' under the proposed change); 5) deletes the added setback requirements for nonresidentially zoned property adjacent to residentially zoned property (this compatibility issue is better handled through our perimeter buffering requirements rather than this setback requirement); 6) allows, under new subsection 42.24(8), the penetration of stairways, fire escapes, balconies, decks, and bay windows into certain required setback areas; 7) deletes special setback requirements for windmills (windmills will be required to meet the structural setback requirements of the applicable zoning district); 8) establishes an "averagelt setback requirement for developed blockfaces which do not meet the minimum street right-of-way setback requirements for single family and RM-S zoning districts (this subsection was added to comply with the Affordable ' Housing Incentive Plan adopted by the City Commission in June),' .','0 , , ,. " .; ~ , Mr. Shuford said this ordinance includes a large number of amendments to one section of the City's code involving setbacks. He said the changes are intended to remove some unneeded requirements. The most significant change would be to permit homes to be constructed in the average of the setbacks of a block of nonconforming setbacks. Driveway access will have to be designed so cars are fully parked on ones property and do not block the sidewalk. He indicated this ordinance was recommended by the Planning &. Zoning Board, the Affordable Housing Advisory Committee, the Code Enforcement Review Task Force, and the Development Code Adjustment Board. \,,' t,:-. <0" , , \' ,:: I, Commissioner Deegan referred to the residential section of the beach redevelopment plan and questioned the consideration being given to doing something about setbacks. He noted initial feedback indicated some residents thought that would cause a problem. Mr. Shuford said the ordinance would not result in a big change on the beach. He noted most properties meat setback requirements in the RS-S zoning on the beach. Setback problems occur when properties are being redeveloped with larger homes. He predicted this ,':. '. ,,' ~o mince 12a.94 16 12/01/94 '.,t' .'/, . :.' . , ' , " c. . .. ,'" '. ~~~,,---:-,-", ;~;~:~i~:;~':~.<;:-:'~~' : :,':'<~,.~ ','" ' . ;' ", ~ - ~--_.~_.~~;..~~.'lil;';';~tl ;l:;:~ ~'~.4.I,;\.;~ ~\.;.~.~ ;'''i.~' ,: [r~i. ;'~,"~,~~ ,;.~;:.~,;~;;,t~~;;t'i;~~}:;;i~i~i;\~;~i';~iJi~i;~>f;~~i;'~~;~<~[; ~,~ ;',:!';:;;;; ..:. ,,;-. ::~'~;;~ , '. . .~~:. . .:.' .~ - . ~ .' ." ~I {,.;' ;'.' . . l a ordinance would not cause a major impact anywhere. Mayor Garvey questioned if the established footprint would affect future redevelopment. Mr. Shuford said the footprints on the adjoining properties would affect the redevelopment. Commissioner Thomas referred to the air-conditioning issue on page 3, #9 and recommended not requiring its elevation. Mayor Garvey noted that was not a change but a renumbering. Mr. Shuford stated that section was recently changed to address this issue. Commissioner Thomas questioned what would trigger a City official forcing a homeowner whose pool equipment suffered flood damage, to elevate the pool equipment. Mr. Shuford said the City wants all certain types of electrical equipment to be out of the flood zone but indicated he did not have information to give a definitive answer. Commissioner Thomas noted air conditioners and pool pumps are ground level throughout Island Estates. Mayor Garvey questioned if electrical equipment, versus pool filters, need to be elevated. She noted the language is current now and suggested Commissioner Thomas request Mr. Shuford to review it to see if changes need to be made. Commissioner Thomas requested learning more about this topic. Anne Garris questioned if the ordinance would change setbacks on N Clearwater beach. Mr. Shuford said they have not been changed. He noted if 50% of the homes in a block do not meet the City's minimum setback requirement, the average setback would have to be met by any home that is constructed. Ms. Garris said permitting smaller setbacks will not improve neighborhoods. '0 Commissioner Deegan moved to approve a Land Development Code Amendment regarding setbacks, amending Sec. 35.11 to establish definitions for "Block" and "Btockface,1t and amending Sec. 42.24 to revise requirements for structural setback requirements. The motion was duly seconded and carried unanimously. '. . , ' The City Attorney p~esented Ordinance #5681-94 for first reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5681-94on first reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayesn: Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ':. 'j' 'ITEM #15a - (Cont'd from 11/17/94) Public Hearing & First Readina Ord. #5722-94- Proposed changes to the adopted Park Place Development of Regional Impact Development Order: Revise development phasing from 1 phase with 3 subphases to 1 phase with no subphases: decrease office development by 7,400 square feet; extend date of development build~out from 1996 to 2000; & provide for a wider range of future uses to include office, industrial and multi-family uses (Subject Area - Sec. 17-29-16, M&Bs , 23.01,23.013,23.02,23.10. 23.11,24.01,24.02,24.04,24.05 & 24.06); authorize staff to coordinate this item with TBRPC and FDCA (Storz Ophthalmics, Inc./Building Operation Holding Co.)(CP) .). " .:;:1. " , F.... '. ..:> ;. ';' '.. . Due to questions by the Tampa Bay Regional Planning Council, staff requests this item be continued to January 5. 1995. :'.0-," , . mincc12a.94 17 12/01/94 ~ / -: . . ' " ., . ~'--:-:-"-':"--:--~;'~":.iii~~".~.,\'t,.. d.." .",,'.":' '<' '''''. ,,',..', ' , " . ' ,.," ".... ,', .:.".".;.,..1 '1; ". ,>1'1';\ <: ::. <: :.,~ ~. > '.' . ,.: : r.: .. .. ': . I . , . ' . ... . :;i"f~~L:Jw'i3;;~~..;0f~ '~tl~;>:.!:.:L~ ~..f\1..i~;.'~.. ~k.;~:+;~ f~ :.~~~ .'::~.::,)~~.~..~~~~~<,~~.~t~:;~tt~~::~~:~~.li~y~::~}.4~~~~~.~~.1..;::~:~~t'\.~~ ';~.;f~: ~ ~~;~. :l~(~ ;E~:~?r':J,i.: ,(.\' ':-. ':, ' . ".,:'. ~ ..'.~.' " ::. ,; '. , _ . , ' - . , . "~' ~,. <',"" " . ,., "h. .,- 'd .' ", - '<. , .. ,~.. :~'r .~.~:\:.. ..' ,; '. . , .' ., ~. . . ~ . () Commissioner Thomas moved to continue this item until January 5. 1995. The motion was duly seconded and carried unanimously. &lblic Hearina - Sepond Readina Ordinances ITEM #16 - Ord. #5658-94- Amending Sec. 35.11, to establish definitions for tlOutdoor Cafe,tl Sidewalk Vendor,n and tlVendor Standtl; amending Ch: 41, creating a new division 12 to establish requirements for locating and operating outdoor cafes and sidewalk vendor operations (LOCA 94~ 13) - Ordinance was withdrawn on first reading on 11/17/94 ITEM #17 - Ord. 5668-94 - Amending various sections within Chapters 35, 36, 40, 41 & 42, revising alcoholic beverages sales regulations, establish new definitions, create a new appeals process, establish a new tlnightciubs, taverns, and bars" use & establish , conditional use standards (LOCA 94-17) The City Manager noted some concerns have arisen regarding this ordinance and requested it be withdrawn. , . . .. Commissioner Thomas moved to withdraw Ordinance #5668-94. The motion was duly seconded and carried unanimously. '.':' . ,. , . ITEM #18 - Ord. #5683~94- LDCA re Wetland Area Setbacks (Amending Sec. 42.28 to require vegetative buffer setbacks adjacent to It Jurisdictional Wetlands'. under jurisdiction 'of the State of Florida)(LDCA 94~21) - Cont'd - first reading was Cont'd 11/17/94to 01/19195 ~ '.. ,C" ' ';<'0'. " ,. ::.~ .: . Commissioner Berfield moved to continue this item until January 19, 1995. The motton was duly seconded and carried unanimously. Commissioner Berfield moved to rescind the previous motion. The motion was duly seconded and carried unanimously. 'J' . ..... . Commissioner Berfield moved to continue this item to a date uncertain. The motion was duly seconded and carried unanimously. i : ~ '~'. c . < . ...", . ; r ..: ~.- . ~ '. i. . I,' c .:: . ,;.. ITEM #188 - Ord. #5732-94- Amending Sec. 2.564(2) to increase the City Manager's purchasing authority .The City Attorney presented Ordinance #5732-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5732-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: , ' ~..: ~: . .' \t.,:O,, ,,: c ,:). . c ~:~ , . '.j}:'>', n::...:. ~ ~ . '. " ~ . . "Ayesu: Fitzgerald, Berfield, Deegan, Thomas and Garvey. l.~' / ~ , . . . " "Nays": None. , " !' ".. ,. . .<~. 1. . , ITEM #'19 - Special Items of widesoread Dublic interest - None. ITEM #20 - Citlzens'to be heard re items not on the Aaenda - None. ",0, . ~. . . , ' ;. mincc12a.94 18 12/01/94 . '.'. i'". ' ,," . ' , If. . :~I.'.: . " ~ .: \. ...... . < i".' ...: )':;-." . :1.1 J). _riff ~ " " '.. -I. .-c...u...._'. .. ~~~~~~~.~~~~~.>~:~'~.~~;..~f~..;,-II.c"..~.1-.~:~'~/~~.:4.,L,.j~.~".."ii::t~:.1c.:!.:,:~.;{~J_;~'f.~..:j.-._~.~.\.~~i,>}t:I:~~~\:::~;.>t...:~>;;:~.:..~.:.c...;.....~~~J',.:~:~ :'~"~:,~ ;'.';~,., )~\',: ",,;,' .' '.' .J',. ,', '.,' ' ~. "'.......~.~~.~l"th(};.t~,....~i..~;.(:.~'}~~~f\~tw':iiimW~,'j\;"y~.~J&1~#:l:.~~;.:.\','..,W.;.:<.;J:i't.:~~.;'l:.."r.""~."'" f2;~~:~~::~;.i~~.;t:(.::.;.::!::./.,.;.':~:~..,;.~,>.;:;;.,.,...,'~.<.::,~,;" . ":'",' "" .~~.., ,...t ,.,'" "... .!,',. -,' . .'. . ~ .': . ! o '... " ;',0 '. . . '. ~' .' " , .I_~ '. \ ~, . - ~, L -: .!!:':c " "l~ I"'V, ,: :-. L '. . ~ .. '-' ., .' . .' , . ,!, " ') CITY MANAGER REPORTS CONSENT AGENDA (Items #21-24) - Approved as submitted less Items 21 and 22. ITEM #21 - See below. ITEM #22 - See Pace 21. ITEM #23 - Receiot/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1947 West Skyline Drive, Skyline Groves Sub., Lot 105, 0.17 acres m.o.l. (C.M.L. Building Co., A94-27, LUP94-31 HCP) ITEM #24 - Preliminarv Site Plan for DIscount Auto Parts Store located at 22991 US 19N (Vaughny/Haight) (CP) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 21 and 22 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The Commission recessed from 8:28 to 8:46 p.m. ITEM #21 - Receiot/Referrat - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave. & 508 Meadowlark Lane and CPO Zoning for same along with 3009 Gulf to Bay Blvd. and Preliminary Site Plan for Lots 1 & 2, Blk 3, Town of Bay View a/k/a McMullen Bayview Sub., Tract A, Bayview City Sub. and vacated street r- o-w between Tract A and Lots 1 & 2 (Meador, LUP93-43, Z93-54J(CP) The subject property is on the south side of Gulf-to-Bay Blvd. between Bayview Ave. and Meadowlark Ln., approximately 1,250 feet west of McMullen-Booth Road. Both lots have older, single family houses on them. Access to Lot 1 is across Tract A to Gulf- to-Say Boulevard. The applicant intends to remove the single family houses on Lots 1 and 2. The house on Lot 2 was included in the City's survey of historical buildings conducted in 1980. The Clearwater Historical Society has written in opposition to the rezoning, pointing out the historical significance of the area and the century old live oak trees on the property. Tract A presently has a Future Land Use Plan Classification of Commercial General and zoning of General Commercial. The proposed change would expand the existing commercial zoning along Gulf-to-Bay southward into the existing residential area. , This is a revised request for Zoning Atlas Amendment for Lots 1 and 2. The applicant's intent remains the same as in his original application; to use part of these two lots to expand the existing FINA gasoline station on Tract A. He requests all three lots and the vacated right-of-way be rezoned as a Commercial Planned Development. The request for Future Land Use Plan Amendment to General Commercial for Lots 1 and 2 remains the same as requested in the original application. The applicant has revised his request to Commercial Planned Development to provide greater assurance that his proposed development will not adversely affect residential neighbors to the south and southwest. His site plan shows a 25-foot buffer zone along Bayview Ave. and Meadowlark Ln., and a 1 a-foot setback from the residential mincc12a.94 19 12/01/94 ~ It . u. l" ......V~~'~~l1..(~,~._~~.'ll\ i. 'l .......: ..... -'j J:'" >,:''':.. ~ I .- .":., \ '1""~~~"'J ~'J~ "": ~:.... ~. .....' . .. ,..l~'..i, ~;I..:,.'~".,:,. .""'ll.'<~".,},', :,;,=','; :~",.." ,', '. ',"; ,'_:. w','~,' .,',...~ ',.;~ ;~. '-,:,' , '..... " . _ l~:~~~#tk~\1~i~~~~ ~P~il~~~~:Jl~~ji~~~I.i~;:' ~~~~t~~(:1,~('~~~a~itt:t"~~~ ~i(~'2 ~j:.~~~~:t.~~Z":.i!~it:,<;.li,\.;"'.}:" ~~~.;*; ... .... "" ...... ," ~. 1'1 '. .. .~~(,..~~\~~..n;:....~...:iJQ..t~Q~~Ifll".i;-;:~"..>41~j..!~~ ~W~"".A~~'\.x-"lJ.'!:~'\T:;H.....,"'I,j. ~",?f.f, '. ."~. ...;: . . '.,' " ' . :.... I . I '.. + I. t' .. . . I ' ' , . ~ . '..". I. ~' . . ..............: ;' I' G ..".' :'~+ '.~': , tt\ ~1", .0"'---;", t//~, , :~iY' ,: .....: ' . :i."lI.~. . ," , ,1." r\;~ .c "\4' . .::.., ., ~:);/. :~~ ~:..~ . ~'>:. :" ' .. .;', ,'c" ,~:~~,..~~ . c ;j;C ~ " ' . ~ ,'. . , , ,. c .1 ,~,' '< ..:," . " ... '... ~ -.. . :'; " J,: ',' " ":,':0' ,.' .:~. ,. :,.,., . :~!,: ,; ":; . : \ .;" ~"~ . . _ . ~ r . ~ property to the south. A separation from adjacent residential properties and saving as many oak trees as possible is proposed. The original request for rezoning to General Commercial was heard by the Planning and Zoning Board on April 5, 1994, and again on May 3, 1994, when the Board recommended against the previous request of rezoning to General Commercial by a vote of 4 to 1. Mr. Shuford indicated the City Commission recently received and referred a similar item. He noted the neighborhood opposed General Commercial rezoning. The applicant is now requesting Commercial Planned Development (CPO) zoning with less intensive use of the property. He said the site plan indicates the back half of the property will not be used for anything but left in its natural state. Harry Cline, attorney for the applicant, said subsequent to the neighbors' expression of concerns for the trees, the applicant attempted to partially address those concerns by asking ~taff if a CPO would get their support. Commissioner Thomas referred to the Historical Society's concern regarding the property. Mr. Shuford said the City does not have a historic district zoning with requirements that certain structures be preserved. Staff requested the applicant look at saving the two homes. The applicant has stated the buildings are structurally unsound and they are not interested in saving them. Commissioner thomas questioned if it was possible to move those homes to property designated by the Historical Society. Mr. Cline said if anyone wants those homes, they may take them. He said they can probably be moved without a great deal of expense but noted each house needs a great deal of rehabilitation. Commissioner Thomas questioned if the request was modified because the Planning & Zoning Board had voted against the original rezoning request. Mr. Shuford said the applicant came back with something that addresses the concerns expressed in the Public Hearing process. He said this project is less invasive of the neighborhood than the original ,straight rezoning requested. Commissioner Thomes questioned if the development will save the century old oak trees. Mr. Cline said that was the applicant's intent. He said no trees will be removed that are not approved by the City's Forester. He said the bulk of the trees will survive. He indicated the present zoning for single family housing on Gulf~to~Bay Blvd. is wrong. Mr. ~line s'aid the applicant 'can accommodate the trees and setback concerns and buffering, etc.' Commissioner Thomas moved to receive and refer the land Use Plan Amendment to Commer~ial General for property located at 509 Bayview Ave. & 508 Meadowlark lane and CPO Zoning for same along with 3009 Gulf-to-Bay Blvd. and a preliminary Site Plan. The motion was duly seconded and carried unanimously. mincc12B.94 12/01/94 20 I, I J: .I~.iiit:r"l~~"::>'~'~-, ., -"'~~'li,;.;.~\;;z,wi' ..."",' ''''l'l,'' . ""\' ", '..'.., :" ;...', ",', , .,\,'.,;" ,of" .'",.,' "'.iJ.w.i, '. I ).. . ,,', ~ '. c ... . N~~~~"~'1?~~:;:::;~::~~~~'t'.:~:Ji{x\~;X~h: ~;J1Jt~lo~Tf~;.~':.~L~~i..\~tf:i}~~~'~n~l1.t~~~;f{'i'~'\I~t)t';.~&:i~j~o,;~,~.)::\;";;:,~'.'~ r-'. r""~.. ,. .' ~' . c. " , ...... , ~J4.'" ,::.t..'f#:Hli. ~ ~1t"'"'""':"""j'.'V;...(~",\"'....r,~......."'..n';,..1"'t'..'C.. ~"";';-L."'t...- ~4 ,.'" . , ~idt;;:!;A,";?"Y,:;':',i:';',; .. ....... .'r'" ........ o "0 .~ .' ~ ~ ..c " .....:. .. ~ r .1,'. \"< " ~~ .' . ~ ~ ~: .' ... , ' ":~':.! :,".'.' , . ~ ~ . , ' , . . ~ ~ >0' " , Mr. Cline suggested government items be segregated from citizen items on the agenda. ITEM #22 ~ ReceiDt/Referral ~ Annexation, Land Use Plan Amendment to Residential/Office/Retail & CPO Zoning for property located at 24244 US 19N, Haas Sub.. Lots 3~8, Blackburn's Sub., Lot 3 less E 200' thereof, together with abutting r-o~w of Lawson Rd. and r-o-w of Haas Ave. from its intersection with Lawson Rd. to US 19N and Preliminary Site Plan for Haas Sub., Lots 1-8 and Blackburn's Sub., Lot 3, final site plan to be approved by Commission after ORe review (Ridge Haven Associates, Ltd., A94~28, LUP94-32)(CP) The subject property is north of Sunset Point Road on the west side of US 19N. The applicant is annexing the western 360 feet of Ridge Haven Trailer Park and combining it with the eastern 200-fe9t of the trailer park to form a Commercial Planned Development with a 42,933 square foot main building and a 3,255 square foot out-building. The main building would have setbacks of 50 feet from Lawson Rd., 20 feet from Haas Ave., and 288 feet from US 19N. The out-building would have a 5~foot setback from the south property line and a 226-foot setback from the center line of US 19N. Staff has requested the applicant verify with the Florida Department of Transportation (FOOT) what access will be allowed from US , 9N. The proposed building will sit at the west side of the property away from US 19N. Relocating the proposed access would not change the general location of the buildings or parking, but could change , the parking lot and ,entrance designs. FOOT approval of access from US 19N must be obtained prior to final site plan approval. Access and parking lot configurations can be finalized during the plan review process. As the proposed zoning is Commercial Planned , Development, the site is required to return to the City Commission for final approval. An overpass at Sunset Point Rd. and US 19N is included in FOOT's work program. The acquisition of right-of-way is programmed over a four year period beginning in FY 1996/97. Without a major program revision, construction would not take place until the torn' of the century. Part of the subject property along US 19N is expected to be acquired for this work. The proposed take line should be clearly shown on the site plan. For the public's benefit, Mayor Garvey questioned the meaning of "Receipt and Referral." Mr.' Shuford indicated It means the City Commission acknowledges receipt of this item and authorizes the City Clerk to advertise the item for Public Hearing. He ", reported a petition in the City Commission's pack with 332 signatures, some Clearwater residents, reminds the City of a Florida Statute protecting residents of, mobile home parks. He indicated staff's research and the applicant's due diligence will address this statute. The City Attorney stated once this item is received and referred, the research will be done. She said nothing official will be done tonight. Mayor Garvey noted further action will , come back to the City Commission. Ed Armstrongf attorney representing the applicant. said the item before the Commission tonight is for receipt and referral only. He noted most of the property is already in Clearwater. The western 360 feet in the County is zoned ~ommercial and has a mincc12a.94 21 12/01/94 ~~wt~ ~ - :~;'lX;:]:;,,;::', ' ,-, ~~~"""_~m",...,.~~~~\~~.';k,", :~.:i~:,<:,;,l',~:';":'!i~ >;~ ~:;",'; ~!;~.:i:;::,:~,:, ~:~4;~~'rt~~,~:.~l:,1.~f:ji~:iA.~:ir~:f:~t:~~~{~.,!:~v<\;i~~\'/~ ;..;/ ;' ,':'; ~>':,';., :J~~ . ....:' , . " .. '.,,'. \ ' l:~~ ~..,.' a ,'0 tj, . '" .-::. '. .... -:. 'r~;. ... c 14 . c .;.. ". ~ '- " . , l'\.. . ~.~ .. .. r:. ~/~:!~c,: . ~. c' ::r ,;:,.;" . ,I,' ~. , , 0' .: ~..' . '" . . . ;' / . , " ,',t commercial Land Use Plan designation. He requested the western 360 feet be annexed and given an appropriate zoning and land Use Plan designation. He stated CPO zoning that is site plan specific would be appropriate. He noted the Florida statute balances the interests of mobile home park residents and property owners. He indicated the applicants have complied fully with the provisions of the statute and will continue to do so. Commissioner Fitzgerald expressed concern regarding the letter from the Ridge Haven Mobile Home Owners Association and wanted to be certain the Commission and the Home Owners Association understand the process that was beginning. He wanted the owners to have the opportunity to address the Commission with their concerns. Commissioner Thomas indicated he did not want to waste staff time on a receipt and referral item if there is consensus on the Commission not to allow the item to go forward. He said he was against displacing mobile home park residents. Mr. Armstrong said he had five letters of support from park residents who have accepted the owner's offer to relocate their homes or purchase their units at fair market value. He reiterated that the applicants have gone above and beyond what is required by the Florida statutes. Richard Scott, President of the Ridge Haven Mobile Home Owners Association, said the park's residents range in age from 5 to 95. He indicated some residents are disabled. He indicated residents are up in arms with questions of where they will live and how they can afford to move. He stated all residents have been given notice that they must relocate , within one year. He stated many residents do not want to relocate. Mayor Garvey noted this is a receipt and referral item. What the Commission does tonight will not change the residents' situation. The property is already zoned commercial. She said the Commission will conform to the law. Commissioner Thomas questioned if the item can be killed if the Commission refuses its receipt. He questioned how many people Mr. Scott represents. Mr. Scott stated he represents 38 mobile homes and 75 residents. Mayor Garvey said the City , ' cannot change what is happening to the mobile home owners with this petition for annexation. Commissioner Thomas questioned what the City Commission's legal authority is and it it can stop a conversion from a mobile home community to a commercial development. The City Attorney said she did not know what could be done with the petition at this point. She said if the item is received and referred, staff can review the . issues. She said the City has some obligations under the statute to make certain other , suitable facilities exist for the relocation of mobile home owners. Mayor Garvey questioned if the City or the property owner has the obligation. The City Attorney indicated the City's obligation is to be certain appropriate locations are available. Commissioner Thomas questioned if the City Attorney could identify "appropriate location. II She said she could not identify that at this time. , Commissioner Thomas said in the past the Commission had been blindsided after receiving and referring items. He questioned the Commission's legal responsibilities and if mincc 12a.94 22 12/01/94 ~., ~'''':.Io'.~. '. .-::,-.~ : -:'...~~........~~~~~'~:"'-...:,. . "\....l..~...:~.':.:.....:'> "'::,';-. ,~.'...~ c'.:. ':.~"""r~"~., -;. '" ; ~ '.'. ~/ .~.~\ ,(. :.c~:~ .). ~dl. t. ,: ."'+'~ .~;>.>>:..:':...~ .... :~'>.:\R 'i .. . , ... .. .. '. . ~"t;Pt~.r.: +>>~~ ......,.n.1~..:.;.~.r;~~~~""i~~c~...~$,.'~,it.3~~~' jJt-rl':l.~:'~: t.?......... 'c:.,:~\'''m~~;:I,lol~~.1~'/~~'''"JII>~\~~ ~;l"'." >,'''\ ..,-~ ,'" < .. : .' . ' . . .,' '. . '~I. _. ... . .! "'Ii ~:' ~':.I .~ ~~>~~'.. t....... i \ ...~ .... I ...., IT . , ~;'~:'~\R:~:J)S.::,:,,~'<::; :',';'; ~,<", '; ',.~:." , .\: .. o ,~ : ' ./=- f:i>. ' jl*t "t'~1' . :~r\,." ";."; ~,: .... .M rii\. , *}:'::, lIt\:...ii . Wi. ~.~~l~.::~ ,,'. this item ca,n be stalled for the City to gather further information. The City Attorney said it always must come back to the Commission for approval. Commfssioner Fitzgerald noted the City Attorney said acceptance of the receipt and referral will cause the system to look into questions regarding the State statute. He noted after that has been reviewed, the item must come back to the Commission. The City Attorney said the item would coma back with a staff recommendation. Commissioner Fitzgerald noted the City Attorney has not had the opportunity to research this item and questioned what action approval of the receipt and referral would trigger. The City Attorney said staff would then look into State law issues. Commissioner Fitzgerald questioned if acceptance of the receipt and referral would start the City Attorney's analysis of the State law. The City Attorney agreed and noted if the Commission, does not receive and refer this item, there would be no reason for staff to research the issue. Mr. Shuford said the item will come back with a staff recommendation regarding whether the proposal complies with State law. Commissioner Deegan noted the residents would be interested in knowing what happens next and when their next opportunity to make their views known will occur. Mr. Shuford said first the issue will be advertised for a Public Hearing by the Planning & Zoning Board. The schedule of that hearing will depend on staff's findings regarding State law. Staff will make their recommendations to the Planning & Zoning Board who will make their recommendations to the City Commission. The Commission will hold two Public Hearings on two separate evenings. Commissioner Thomas questioned if the residents will be notified of the Public Hearings. Mayor Garvey suggested Mr. Scott leave his name and number so he will be notified. Commissioner Thomas questioned if staff and the Planning & Zoning Soard recommend approval of annexing the property, does the Commission have a legal right to say they do not want to change the way the mobile home park residents are living. The City Attorney said the Commission does not hava to annex the property. Mr. Armstrong said the fact of the matter is that the property is located on US 19N and already is zoned commercial. He indicated notices have been sent and this property will be developed commercially. He said it was a close call whether to annex the property or not and noted, if annexation is not possible, the commercial development will go forward anyway. The City Commission cannot prevent the .development of this parcel. Commissioner Thomas , questioned if the property in the City is zoned commercial. Mr. Armstrong jndic'sted it is. Commissioner Fitzgerald said the development will occur and questioned how best to protect the residents. Commissioner Thomas questioned why the applicant wished to annex. Mr. Armstrong said, on balance, they felt there was a slight advantage to be annexed. Commissioner Thomas questioned what the slight advantage was. Mr. , Armstrong indicated it was a small timing issue and the development could get its sewer service 30 or 60 days early. He noted disadvantages relate to the restrictiveness of the City's development coda. mincc.12~.94 23 12/01/94 ~'~~., ~~-:---. '~~."''''---"",...l:(~.t~a.:....~.'/.~.4M",,''.,,'>I..~,.'' "a :'. ...... b,_ . .. .... ,. <~:' ....: .'~.:~~,'.'- ;T~M"'~}1\1. . ~~\ ~t. t,,~ ,>j~:.-( ~1~~.~;~;;4~!f~4:~..\t~~,:~~~ i~~,;~'i: \~ii~ b;:~~i:'l~:,~~t:..\; ~~j'~ ~ < ~ :~'J~:~~:~~i(iI~:,;'~~'~:2~'~~~~:, j~ ~ ~"t;/f ';'~.l~ '.;;: ~~~.';::~F . r.....+.l-..--:wt,....'~~' ,-".r..v~T,;"'!~....." ..,T. "'1,: , ".j' I> " . , .' ~ >, .~ . . . .t ',.:.', " " '. I .'r-"'~f""'Mi' ,..' - '.' ....~..... : '. :'1 .... . .". ".' L; .... '. ... . . . . . .'. + . ;' '.: . ..... . ..... . . ::". ",: .,..... . ~~".' .~..._.. f) .~...-... ',C,': '. .; ,.' . ~ C,. " , -'I,' "0 '.' . 7(. . , ,I. . . . " , .:: .: ~ " '1'. . '.' .' ~. ~. . \cO . ,1"'. . -./'. > I>' ~. , . <:;,,: " , \;'. . C r/.c.. . ':';.( , :ii "0 c c .:: " ," , ...~' .. . ."::. .... Corrine Miller said the $500 the owners have offered residents to move their homes will not cover their expenses. She stated the owners have only offered between $ 1 ,000 and $3,000 for each home. She said it is a very sad thing. Jiloul Tillou said this issue is part of a bigger thing. He noted the courts recently found the impact fees for out of state cars unconstitutional. He said keeping the tax base stable sounds good but properties change hands. He expressed concern that people who are turned out of their homes will become homeless. He felt government is not working when 75 people are thrown out of their homes. He said everything is for profit. Mayor Garvey said the Commission is following State law, not making the law. Commissioner Thomas questioned if the Commission refused to accept this item for receipt and referral, what protections would the residents have in the County above what the City can provide. The City Attorney said rezoning the property would trigger the Florida Statute that would require the City to determine if suitable facilities exist for the relocation of mobile home owners. If the property is already zoned in the County, that language would not be triggered. The City Attorney said the City would have to make a determination in order to rezone. Commissioner Berfield questioned if residents would have more protection under the City or the County. Mr. Armstrong agreed with the City Attorney's comments. Commissioner Thomas moved to receive and refer the annexation and Land Use Plan Amendment to Residential/Office/Retail & CPO Zoning for property located at 24244 US 19N. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT iTEM #25 - First Readina Ord. #5703-94 - Amending Municipal Code Enforcement Board procedures (CRT) . The proposed amendments are in response to a recommendation of the Code ,Enforcement Review Task Force. The 1994 Florida Legislature enacted several important changes to the enabling statute (Chapter 162, FS) for code enforcement boards and this proposed ordinance incorporates those changes and eliminates inconsistencies between the new Statute and the City Code. The substantive changes, not necessarily in order of importance, are: 1) For a repeat violation, the code inspector may issue a citation immediately upon ,a finding of the violation. Upon a finding by the Code Enforcement Board that a repeat violation has occurred and the entry of an order imposing a fine, the fine begins to run from the datB the code inspector found the repeat violation to have occurred. This eliminates the "glitch" allowing a repeat violator to take corrective action on the date the violator receives notice and escape a fine. Under the new statute, if a repeat violator takes corrective action on the date he receives notice, he will still be subject to a fine for that day's violation. The need for code inspectors to monitor chronic repeat violators will not be eliminated. The 'law allows the imposition of fines beginning with the date a repeat violation is found and cited; 2) The provision for immediate notice to the Code Enforcement Board and request mlncc12a.94 12/01/94 24 ........~~~ilJJ" v- c.. t' A......~~""~~~...l...:~::..:""~. C\.~_~~tti;.'.'~'i..:~J:t O' ~,~ "f~,>< ....:~ oJ. >, ,:" ,: -i..,'" ~~ .:\,.:" (1..... . . '::.1,..,-: .,,'. < ~,"'. .' ~l/ :X;;;::,"\~':: .-':..'" :-:.-:;,,~ ' ::~ ~;: ~ ..,;-,:,~,), ". , " ': ~ ,,:' ' ....~~-l,~s;.#i~;~W.{'~~'mj:\'.,';:;;N~;::/!h;~}A'::.:s',:.:u::iJ:ttWit~tW'f";'5\'~'jj<i!f};:::i;;.;.:.~c/".:';-' ~>, ;>~~;,-: .~.. ';",1 . " f) ....Oc,... for a hearing following a reasonable effort to notify the violator has been expanded somewhEJ,t; and 3) The City may now recover three kinds of costs: a) the costs of a successful prosecution of a case before the Board; b) the reasonable costs of repairs where the violation or the condition causing the violation presents a serious threat to the public health, safety or welfare or is irreparable or irreversible in nature; and c) the costs of foreclosing on a lien and in recording and "satisfyingll a lien (recording an instrument saying the lien no longer exists because the underlying obligation has been satisfied). The amendments have been written to be "parallel" to statutory language so the ordinances may be compared to the Statute and noted that the statute's scope has not been exceeded. The text of Section 2.216 relating to notices, has,been moved to a new subsection in 2.218. In its present location, Section 2.216 sits between sections describing the organization and the powers C?f the Board and appears out of place. The City Manager said staff recommended this ordinance allowing immediate citation of repeat violators, anowing scheduling of a public hearing if unable to notify the violators, arid an owing for cost recovery under certain conditions. Mayor Garvey questioned if restrictions regarding membership of the Code Enforcement Board were needed. Commissioner Deegan said these requirements would clear up possible disputes. Lt. Kronschnabl indicated the language was drafted from State law. . Commissioner Thomas moved to approve amending Municipal Code Enforcement Board procedures. . The City Attorney presented Ordinance #5703-94 for first reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5703-94 on first reading as read. The motion was duly seconded and upon roll call, the vote was: , , " ". "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ',. .,'. , " Commissioner Berfield questioned if the City is making an effort to collect liens. The City Attorney indicated that was so. JTEM #26 - First Reading Ord. #5704..94 - Amending various secs. in Ch. 7 re amusement and coin-operated devices (CRT) .f T" ~ .: ~ . ~ ; ~ c '. =::.:; ':CL This ordinance amends an unnecessary permitting procedure, limiting police investigations to applicants for establishments containing four or more machines and repealing the fingerprinting and photographing requirements. Commissioner Thomas moved to approve amending various sections in Ch. 7 regarding amusement and coin-operated devices. The motion was duly seconded and carried unanimously. '0 .' mincc12a.94 25 12/01/94 , " ,~ " . .,: :.': ,', ", ':,:.,',,;',.. -, ' ,-,'" ,J.......~~~~~,.:' .~~, '~~~~.~'.~~j~~~4~t::j..~~t;.~;4:~}~~J;'!,~~l~,);..1':.:':{,~:~,:~~,'i;.;,;~~,~,,;~~,',:.;~',~~~.';,'r~~~~.~i,T~,~,":!~i:~i.'~~,',?,~,;,.:r';'~r.,;~~~':I)':~';-:'>~;"'~:::~,;~~:E I:;;J1if,~,;)7.;'~j~~':~~~,~ , " " '1 ,." ,} ",~ ,....~m' . ., . ~ . .: '~ ".. , ~. .. .' . . '.' , " '. , . .._ . , . " : .' I. . '. . :. '. ". .', . . I.. ' , ~""t~t~ ?':e~ ~ ~ . I , (l , ...""'./ .:">. , .,'. , , ti:' "'e. '...0 .' " ' . ~ :"~: : ~ ' . .'. " ~. ..' , ~ .. ~ " ..,1..: .' I~ ' " . \ .'. ~ . ~ ~, '., . " :1 'l-.~' . . ~ - ' . .-:'j" ': . , ~, , . \,~.~ ..' 'e, ..' + ", }"J~': '..".. " ' '4 ~ '",' . r. ~.' ... ~ ~ ..-. J. . I . ~ .... . . ,. '\:', .:' \ " ~ .,.: <' . ~ ~ :::... ~I.. ~ ~.'I' r ' . ':~~-';:" L .., ,.., n T ,'. ,,', ' '': 0 ' ' .'" " e..i ,t' J'~ ,:' . ~ ~ . ',' '.;'(1 . " , , The City Attorney presented Ordinance #5704-94for first reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5704-94 on first reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #27 - First Reading Ord. #5705-94 - Amending Sees. 28.82 & 28.86 re property address. numbers and enforcement (CRT) The proposed ordinance relates to property address numbering, provides for a requirement that the number be Arabic numerals, that painted numbers on a curb and written script are not acceptable and that the Building Official, Community Response Team, Police Officers, and Fire Inspectors shall have the authority of enforcement. Commissioner Thomas moved to approve amending Sections 28.82 & 28.86 'regarding property address numbers and enforcement. " The City Attorney presented Ordinance #5705-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5705-94 on first reading as read. The motion was duly seconded. .commissioner Berfield noted addresses painted on the curb will not be acceptable . and questioned if those numbers are not easier to see. Lt. Kronschnabl said it is difficult to locate numbers on curbs during emergencies. Numbers on curbs fade quickly and can be , blocked by parked vehicles. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ~TEM #28 - First Reading Ord. #5706.94. Repealing Sec. 21 .03 re prohibited trees (CRT) " Staff recommended Section 21.03 be repealed because Section 52.06 says essentially the same thing. Commissioner Fitzgerald moved to repeal Section 21 .03 regarding prohibited trees. The motion was duly seconded and carried unanimously. 'i The City Attorney presented Ordinance #5706-94for first reading and read it by title'only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5706-94 on first readin'g as read. The motion was duly seconded and upon roll call, the vote was: mincc12a.94 12/01/94 26 ~~ ~~ijm,f' ~~~:}~~tV.';\.;~.:~:~ '::: .: . ,~, ..;:~. I' . i{..' I,,' ~.'::~;~ <.~ ,:'; . "~....,.,~~~~~ '. ,;, ,~~.... "~\l::~"'. .~'d.';'J.~""~ ~',~ I' .' ~:: 'J " \ I'~ e ,.', '. ..... .....,)... ";.' f ,..' 'T.. '..:~... .> '. ;' I" ~'. ~ ..'/~':"~ . . ~tl~)'~~lti:~~~-'a?vt:-~~~~'if~e~l:,":'I~~"~\.}'~~ ~(.~r';~~-':'l~\';'~'''::;'' .... ;'~:,1~;j~~1~.(",~ ~.J~~\1J~I,~~:~~,~~ "\~'t.t';~I~~" .; :.,; ;.....\:t~~ . "', if' , ., '1~}'.~\.'t~~~r:.~Iv.*~~~,~';;;i~'4:~\~i~il~""Jt~t1.,~j~~tlA1f"'J.J,~fJn~4"j..r.'.')'}!. ~~~l ~':'H '" ~ . '.", . " . ' , . :", ' .....; ~.. ~ .~ "") "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #29 ~ First ReadinQ Ord. #6707~94~ Creating Art. IV, Sec. 23.95 re distribution of free publications on privately-owned residential property (CRT) The intent of this ordinance Is to balance the need of residential property owners to live without the burden of unwanted paper residue placed upon their property against the need of publishers to circulate their products under the protection of the First and Fourteenth Amendments' guarantee of freedom of the press. A provision is included that any property owner or tenant may file a request, in writing, with the publisher'of the free publication that copies of the publication not be placed on their property. Mayor Garvey questioned if property owners did not already have this right. Lt. Kronschnabl said the ordinance establishes an enforcement action. .',. . Commissioner Deegan questioned what the penalty would be. Lt. Kronschnabl said one option would be to serve a "notice to appear" which would go to misdemeanor County court and the other option would be to request an appearance before the Municipal Code Board at which time a fine can be levied. "." ""'"0 ' , '<,..t . :- ~ . . <~c Commissioner Thomas said he understood addressing advertising circulars but noted major area newspapers distribute copies as throwaways once a week. He noted other newspapers are distributed free of charge. He questioned if a major newspaper would be treated differently than one distributing free papers. The City Attorney said the ordinance defines a free publication as any newspaper, magazine, hand bill, pamphlet, advertising circulars, and free copies of newspaper normally paid for. Free papers from major " newspapers would be covered by this ordinance once a homeowner requests the paper not be distributed. , ;.'.... . , . ~ . '- '1.'< .'''' > , . ' ".J"<":" ~.. ~. ;''':',' \ ..~~;, .: - ',' Anne Garris questioned if there have been a great number of calls from people complaining of newspapers on their lawns. Mayor Garvey said she has received a volume of calls on this issue. Commissioner Fitzgerald said this represents one of the major complaints he receives. ' ~ "~": . J ."~ . ~ ~ . ~ .' ~ ~ . ~". I~: T :', ",~ -. -. ' . 1 <.~ .~:. .'." /. ' .. . ~ . '..T . . -.' Ms. Garris said when she had the Beach Views, she would get many more calls , from people wanting the paper than complaints about it being put on lawns. She questioned what protection would businesses havB that distribute these materials and 'enforcement. She said she would hate to see this approved. .... ' J:..'::: " ;.'.~ ~ '; .'.... . d .\ " Mayor Garvey said the Commission has received a number of complaints regarding this over the years. She expressed concerns about the throwaway papers littering City " streets. . ' "":'0' 'c. < f" < n ;; , '.' . mincc12a.94 27 , 12/01/94 >.. ~ , , ' ;.1 '.:. L '.:~\ _ . ~~J~<...---.o<-....n. ,..- ~~i;;{~~ih~}d~:~,;~,:: ": "'~~'::'" ":' .<:": , ; . Ifa.l....~~l<~~~.;;>~'..;'....~..;.1;....~.'..."....- '.; ~ ~..,: >...:....<.;:~.~..~.:" .~..: ..,'" :~ C'\d'''<'''\(" "':....1.,....,. . ~.l.d....{'~ . . '. . . . . :;.':, ,""i'~~M<:,,~~i~~'~/~;Y~:\~~l;t.ft.~;{~:1<? ~~ \'(~;:~~~~~~~~I~.)k-~,t",".~ ;..~~~....~~j:li~~~':':~"~~<{~~~;~;~~~~f~'.'J~~':,~ :"/'.~~'i:~i~~j .~:c.'.;...ll' ,: ,"', L~\' ';:... I <. .,-\~ ~c,....,~.:+."~t'M.\.i.~~~~I,"(",,,"'';::>;!:'l'i~t. ,:~f ~ ....':'v,~'+.<....~.>t.~..........-...." .!.' ..... '/. .~. ~'. '" I . ~ " ~ .< ;~.':. " . o ~,'O :.'.: . .' ,. ~ ( :.;: . ; ~"'..'; :. -:.'T"',. .' : ~ ~ .T' . . c.. ,. . ",. .. ~.'~; ~~ : .. : ....." . . ;~! :--.: " .~ I:'::; , \.: ". .. ;, ;}.~~ " /~ " , , . " ' :: ." , , "' .' '. ! '~ . ,:.. "'......"'..;. . '. . . ......." Commissioner Thomas said he receives many citizen calls but has never gotten a call regarding newspapers. He suggested someone could request a newspaper not be distributed and then move a paper from a neighbor's yard to his yard and issue a complaint. He questioned how the City can prove the newspaper is at fault. Lt. Kronschnabl said staff would have to witness the delivery of the newspaper. Lt. Kronschnabl said this was an issue recommended by the Code Enforcement Review Task Force. He noted the City, has received a large number of complaints regarding home security threatened when throwaways accumulate on the front yard of residents who are out of town. Mayor Garvey agreed that has been a big complaint. Commissioner Fitzgerald said he hears this complaint all of the time. He said citizens take every step they can to secure their homes when they are on vacation. He noted they cannot prevent these unsolicited materials from being thrown onto their lawns. They want something be done to address their home security and the ability to stop these materials from being delivered. Commissioner Thomas said he agreed with that point. He said he has to make certain a neighbor picks up these materials when he is out of town. He said he was not sure this is the 'answer to the problem. Commissioner Berfield questioned how vacationers would be helped if materials are thrown on their lawns in spite of the fact that they had requested the publisher not to deliver these materials. Commissioner Fitzgerald said this ordinance would give those citizens some recourse and noted there is no mechanism presently to enforce any citizens' requests to cease delivery. The City Attorney said the ordinance would make that problem an ordinance violation and provide the citizens a method to stop unwanted materials from being delivered. Commissioner Deegan noted this ordinance would put some IIteethll into requests made by citizens. He suggested first finding out if citizens' requests would be respected before adding punitive measures via an ordinance. He suggested keeping track if local distributors do not honor residents' requests to stop delivery. If this is found to be the case, there,may be a reason to approve such an ordinance. He expressed concerns regarding placing an undue burden on those in this type of business. Mayor, Garvey noted many of these materials end up in the street. Commissioner Fitzgerald said he picks up thrown materials from his gutter at least twice a week. Commissioner Deegan questioned if Commissioner Fitzgerald had ever called and asked to have them stopped. Commissioner Fitzgerald said he has received many questions from citizens asking how to stop the distribution of these materials. , Commissioner Berfield questioned if the City cannot prevent newspaper racks on the public right-of-way, how can the City prevent free papers from being distributed in those racks. The City Attorney said this is more of a littering question. She said newspaper machines in rights-of-way are an entirely different issue. Commissioner Berfield mince 12a.94 28 12/01/94 tJt3:t~~~ r 'WAlI'<_~e.itt.~'{"::;~:"'\.-''''i.f..:_':.-t:''..r~ .,o;,1.~ ....;;-"....,. r.j., ..,~ ' I~!' J. - - .,.....' ":-O"~. .I',. ....-~...;...~. .~......, .-; ~ .... /.(.', I ...."J . ~ ~tJ/~. ~tl;'''"'':' ,,,,\"'..~~ '~d';t\;\~.,.:t'~.c '~;.'\," ,:'>'~I. .. .... ~ ,..,~~Y":-:': ~ ~I"" .... ~ . C I) ~.... ,0 '" ' <~~. > . . : . ~ .C ,..... );.. ~.~, . ~ Je.; , . . .'/" I'~ . ,~. . : ~ " .' . ~ . ' . ~, " :,,;:.": . r:", " f~:,.'" , . ... : .' ~ . ;H.' . ,. " ::~. :: . \,':., , ", " ,'; I' ~, '- , ....~~ . .. ~,' , ~, . ., , : .' ., ,,:"0 ' " ," '.i/ ~"" + ...., . '. . ~':!\:;.I C 'I:, ': questioned if these regulations would create a problem with freedom of speech rules. The City Attorney said it would not. . Commissioner Deegan suggested the proposed amendment was overkill. Commissioner Deegan moved to deny creating Art. IV, Sec. 23.95 regarding distribution of free publications on privately-owned residential property. The motion was duly seconded. Upon the vote being taken, Commissioners Barfield, Deegan, and Thomas voted "Aye": Commissioner Fitzgerald and Mayor Garvey voted ttNay.tt Motion carried. ITEM #30 - First Readina Ord. #5708-94 - re Code Enforcement Spacial Master (CRT) This proposed ordinance provides for the appointment of a special master as an alternative to the code enforcement board technique. The special master performs the same functions and is vested with the same authority as a code enforcement board. When a special master is utilized in conjunction with a code enforcement board, the number of cases brought before the board can be significantly reduced. The results are tighter scheduling capabilities; less staff time spent in hearings; and less time required of volunteer citizen board members. Preparation of cases to be heard by a special master requires the same care and protection of the rights of the alleged violators as for code boards. Commissioner Thomas expressed concerns regarding an appeal going to the circuit court. He said he would like the appeal to go to the City Commission before it goes to the circuit court. The City Attorney noted State law directs appeals from the Code Enforcement Board to the circuit court. , , Commissioner Thomas questioned jf State laws would stop the City Commission from being the appellate body for the Planning & Zoning Board and the Development Code Enforcement Board. The City Attorney said it would not. Mr. Shuford reported he has , polled the boards and all three indicated they favor keeping the Hearing Officer instead of appeals being heard by the City Commission. He indicated this issue is scheduled for discussion on January 5, 1994. 'Commissioner Thomas moved to approve a Code Enforcement Special Master. The motion was duly seconded and carried unanimously. , The City Attorney presented Ordinance #5708-94 for first reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5708-94 on first , , reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. , ITEM #31 - First Readina Ord. #5710-94- re inoperative vehicles on public property and providing for enforcement by Code Enforcement Inspectors & other authorized personnel (CRT) , mincc12a.94 29 12/01/94 ~-:-:-:'~:":' .;--- . ."'" -~~t.~~~:&;.~~ ;tf.\ ....c:, ,\~ ~. i,~))~.,< ~,:.,;.",.,~ -'-<..:; '..:::- ': :.~:}:",:.",; :'r ~".C.~" 1 :'t'-.;; .:~'.'i:...>.~~.. ).....<,,~....j~;..;:{'.<: .C... ". <...~~.' ~\~'.: '\\>I_.~:I~:':-;''' I~';-V .,./ Ti~\'..l. ...../. !... .'. ." . f'J.:.:IQ'-rt~0.,:'i';R,t~"";~'~~~."'~~~~""~if.~P'1.-{~:~}~1l~;;.\"'~~S;,\:1~J)r~G'""f~lt:r.1l"~;~~MJ1~1 f~~!~'~~il"-)~~~:':~ t, ......:F>;.l,:':..di'ifd ~;;;)~~,i;~~i\\,::L<:, ,,;. ::.;: ;;:,,/, ',..,,' '",', " ' ," ~ ,',' ~~' ."" .~ < ,.,"" ~y,...., I) ,....7'"". . .0 ,,' " , . >(.:. . ',.', ' '.~ ~ '.- . i',"; . ,', { ~ l~ . " ~~t.... . ;. . }.' ,. ~ . ,~. ".'". . ,'I' ..0 . , " . . ~ " .. ~: ,",' ' .c ' , The proposed amendment adds a new article to chapter 20 of the Code of Ordinances and will allow Code Inspectors to have inoperative vehicles removed whether they are on public or private property. Under present Code, Code Inspectors can only enforce on inoperative vehicles on private property. Inspectors who have found inoperative vehicles on the public rights-of-way have had to turn the cases over to Engineering for enforcement. Inoperative vehicles have been moved from the right-of-way to private property after notification from Engineering. Commissioner Thomas moved to provide for enforcement by Code Enforcement Inspectors and other authorized personnel regarding inoperative vehicles on public property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5710-94 for first reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5710-940n first reading as read. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #32 - Res. #94-' O~ - extending 01/01/95 deadline to 03/16/95 for the Occupational . Licanse Equity Study Commission to present the report on the occupational license tax structure (CP) On June 2, 1994, the City Commission established the Occupational License Equity Study Commission to study the City's occupational license tax classification system and rate structure. The resolution included a deadline of January 1, 1 995 for the Equity Study Commission to report to the City Commi~sion. , The Equity Study Commission (ESC) has met five times to discuss proposals to change the current rate schedule. The ESC has decided to modify gross inequities in the current classification code as necessary. Staff is working on a computer program that 'includes formulas to convert current fees to new fees.for comparison. The ESC requested the deadline be extended to March 16, 1995 to allow more time to formulate the new rate structure. .Commissioner Deegan said when the ESe was originally formed, the Commission, did not want the members to have to work for many, many months. He suggested if the ESe has requested more time, it is reasonable.to grant the extension. , Commissioner Berfield moved to approve extending the January 1, 1995, deadline to March 16, 1995,for the Occupational License Equity Study Commission to present the report on the occupational license tax structure. The motion was duly seconded and carried unanimously. " The City Attorney presented Resolution #94-108 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-108 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: mincc12a.94 12/01/94 30 ~ '----~~~....~~~~';~."J If.~. ~ '../~ ;. '."'~" ,~~" :.".;...1:.....:. i " U ,,', ,;~j '.....'.'.-'.. .~"ft :, :.1 ;~,,:~ :,~,,~'v. 0,': .~~:.:::...:.Lr~:liT:; 1 ,.iI...t,.t...-J.~ \'t1rrJ :~~~1l~-:-i~n'j.' ~ ;t~Tt:t:~'~~ ~ij~~:~S/ ;If'':'';~': ....~~~..,t~Oc :1:;~f\~\.ll...~i~~.I~::fJ~-'~~l>>t"'t-~i'~~.;\ ;,,;~(~tr(ll~ ~, .' ',,,, 'IT ,":'Y;.b' ~,' .,.-:J.... ") .....'U1...r ,_~'f+, ,L . ....... .. ~~--~~_..~"."..- ;. ',., .' .' , ~~0;j~J;,;.{i.,;~ ::i' .,' ,. ,'".. ;;,.,. ,', .c. '" .~~~~~ ') ".,: . " , '" ",0,' , ,,'~ '.' .. /,:'.' : .." . , ~. . ".' . (~>~:..' . ;>~:,::. T,~ ~ ' .l' ., :..,...... ~/.. .', :~ < ~~~::>.", , .' ~. .~~..,~~..; . r:;:.:' .1"..:.... .' ~.~: ~~. c' . ;~~I"I <' " .' . c:'.~t~ ~ . ~... . T , . ." . ~;- .< ~.: i l " ". "'0 .:..." J, :.t':: . ,'. L " ' .,.' " , ".. \,~~..; .T .;'~t...~. , '. " ~. ~. . nAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The Commission recessed from 10:28 to 10:41 'p.m. lTEM #33 - Other Pendina Matters 0) Reuse Water Agreement with Sylvan Abbey Memorial Park Inc. & Clearwater Land Company (EN) In his December 1, 1994 letter, Jeffrey E. Butler, President of Sylvan Abbey Memorial Park, requested the reclaimed water irrigation proposal be withdrawn. b) Request re Lights on Palm Trees on Mandalay Avenue Shirley Moran, head of the tlHolidays on the Islands" effort, is coordinating the Installation of holiday lighting on Mandalay Avenue between Marianne and Baymont Streets as part of an approved special event. To pay for expenses, Ms. Moran solicits donations from beach businesses. She requested allowing signage recognizing participating businesses. , Central Permitting Director Scott Shuford expressed concerns that the proposal is more elaborate and distracting than would be desirable. He discussed options with Ms. Moran, including smaller signs for each tree or a separate sign for each block listing the participating merchants. The City Manager said Ms. Moran agreed to remove the lights , after the ,holiday season in January. Commissioner Berfield questioned what the Commission is being asked to approve. The City Manager questioned if the Commission approved the signage issue. Commissioner Deegan noted the proposal concerns 34 trees on Mandalay Avenue. He favored signage consisting of a small plaque on a stake at the base of each tree. He 'pointed out the grates around the trees would provide some protection for the signage. Mayor Garvey expressed concern the proposal had been for permanent lights. She , agreed vyith removing the lights in January and signage proposed by Commissioner Deegan. Commissioner Thomas concurred with the lighting but did not agree the lights , should be removed in January. He said the lights are beautiful and festive and suggested they remain up until March, the height of the tourist season when it gets dark early. Mayor Garvey questioned who would pay the maintenance. Commissioner Deegan questioned who would pay for the electricity. Commissioner Thomas said the beach group is paying for the installation and maintenance of the lights. Mayor Garvey said the City pays for the electricity. Commissioner Thomas said it would, be prudent to leave the lights up during the darker winter months for an extra 60 to 90 days. He agreed the identification signs should be small. ,mincc12a.94 31 12/01/94 ~1Ili...........<:t~II." -:-'~.:. 'r-h~~~'t""":~ p~,i~L.~L'~'~ '~:""",......~.',.~c...\ : ...., j<I":~<'\I)' . . .<~.'.', '. J,..... .,.:..!..;,c'../",~..~..;i,l........;~:,.:~.., ~ , '. I ... :"""".f" ~,,~~1'it.~4-.:tlJ.i...:~~'':.11_ f ~.\(_,:,,~. '~J_: T..,.... Ci,j( '.'.. :.... ':" c\',;.~ '". "'..-! ~ <1' fI:" t~~!.i'~..l:l1.).'tl;- ...~.) \~ >k.~~:_:'t~'''''':-''i' :'. :. ~.' .' . ~ . ~ .:<.~.c~~,:.'~,i):~~~~-:!t:;(;I,:;r.;j~t:";.\i~'.~\:':/~;~t~"-Y1~t.~(:'~:trV.i.:.1:t:Jjp:.\~~{;J~~~.:.llt.,~l,O~c'!ws".~I'"..:;n ~g~~fi;~:lr:,'j,\:,,'L"i,),.,,;;' ,;."..,' .' '."" .. ',,'" ..' ".'.... . . '/;;:'.~~.i,.~."\...:~ '.. '.:. ' '"> f . H~~?~P~~i::~;..t .. ".' .. . '-:. ;.+. ..,. rJ ~. .~. .::0 ~'. . t ' . ' ~ ~ T' .., l..:"":,' , .. ~ ':).',:', c,';, ' ~ .... . .\;. ,,~. c t''';'' ("" ' '.' ~, , " >." 1: . ~.' ~ :,i. . }' ..': ~":O ': :..'> ' t.... '.: Commissioner Berfield questioned If the beach merchants can afford to keep the lights up until March. Shirley Moran said the merchants can raise the funds for that. Ms. Moran said the trees being sponsored are the 34 palm trees on Mandalay to Baymont. Commissioner Thomas questioned if the trees in Cruise Park could also be decorated. Ms. Moran said there is no sponsorship for those trees although her organization could work that out. Commissioner Thomas recommended they all be installed and taken down at the same time. Commissioner Thomas moved to allow lights on the tree trunks on Mandalay Avenue through March 31, 1995, and at the base of each tree a small sign identifying the sponsor, with a maximum size of 4~inches by 12~inches. The motion was duly seconded. Mayor Garvey spoke in opposition to the motion because she was against permitting signage for that length of time. She said she would support the program for the holiday season. Commissioner Deegan requested the motion be amended to indicate the Commission would review the proposal after the holiday season is over to see if extending the lighting is warranted. Commissioner Thomas amended his motion to allow the lights through the week of January 22, 1995, to be reviewed by the Commission on January 17, 1995. The seconder agreed to the amendment. Upon the vote being take, the amended motion carried unanimously. Ms. Moran thanked the Commission for their support. She said the staff and City of Clearwater are wonderful and staff is a fine group of people who are wonderful to work with. Commissioner Berfield thanked Ms. Moran and her group for their involvement with the City. c) Harborvlew Center Management Contract The revised proposed contract with Globe Facility Services, Inc. (GFS) will include the following percentage of revonue rec9mmended by the City Commission: $0 - $400,000 = 0%: $400,000to $750,000 = 8%; $750,OOOto $1.million = 12%; over $1-miUion = 15%. GFS will obtain prior approval from the City Manager for events in which GFS, affiliates or related entities are financially involved. Use of the facility by the City shall earn for GFS a revenue credit for the use of the space at the prevailing published 'rate for the purpose of computing total facility revenues and incentive fees due GFS. except for five days for City use and for Parks & Recreation Department's regularly scheduled recreational activities that will be credited at 60% of the prevailing rental rate. Deputy City Manager Kathy Rice said concerns have been expressed regarding the recommended contract with GFS. She said the contract has not been finalized. She said she will be in contact with GFS on Friday or Monday and continue to negotiate. mincc12f:l.94 12/01/94 32 ..........,... .... ~~J.;.;.r.~ ....~~'..~l... ~~:'L.,.I ";'-,. .~.'l..'t :'":.,'...+I/:~""'~'.~." .'I>~ ..... . ..: .... '\ :,.......~,..~+_., : r;' .,.ef).;':._I.:~r~~ ~ ~~.. htp_ ?"... ~Kt,:;T.,...11.:;~.~~~:,~&~.~;!;;.{:..\.v;~~~;J~~~ :,~Ar.=;~:~:~i:1~1~~r;;~~~;~$,.{j~tl~.~~.;\tt~.:~~~l~;j,~; 8~ ~i~~~~~~m .. . (.', _ ~~ ~ _t~ ~ i!f.rr- . ~ ....\. l " .. . ,~ .!' ~.: .~ ~ r'I' . ... : ,... '. " :',' '.. '. I .. ": . . l . 4. ...i'l'. . t} 'b.".... Q i'.'" _, " . . . ~ . . >.,!,~' .' (;,'.';,', ., t ...., . ',. . {.I. -";, 1 ,~ ~}> :.> "'1' ~.:~; ~ : :. '.'. .' t~l,; .: , : ~ J..' < ~ - ... . .. -:"'. r; . " , . " " ' Y,'" '> : ' ':'. .. Mayor Garvey questioned if the City could get GFS started this month with a temporary contract. Commissioner Thomas said based on this information, he does not want to start but requested that Mich Sauer, President of GFS, return to address the Commission. He said the Commission had requested the percentages be eliminated for lower volumes but noted the cost on the first $1.25~million in revenue is $75,000. After the Commission indicated that was ~oo high, the new proposal raises that cost to $95,500. Ms. Rice said she understood the Commission's concern. She said staff will continue to negotiate. Commissioner Fitzgerald referred to the request at the November 29, 1994 meeting that GFS start this month. He noted December is a short month because of the holidays and expressed concerns about paying a $9,000 management fee for December. Commissioner Berfield suggested the Commission provide Ms. Rice with some parameters for future discussion with GFS. Mayor Garvey noted Ms. Rice and Assistant City Manager William Baker had expressed a need to have a management firm on board who understood the design needs of a convention facility. Ms. Rice said if the City hires the firm for a month and cannot negotiate a contract, the firm is gone. She said if the Commission is not comfortable with hiring GFS for the first month, staff will not issue a Purchase Order. Commissioner Thomas said if staff wants to solve the design problem, the City is paying the architect a great deal of money and the architect should find someone for advice. Ms. Rice said one of the issues was to get help with many different items. She said the City wanted the management firm to be responsible for the design. Commissioner Thomas felt paying $800,000 to $950,000 for one year's management of the Center is excessive. He suggested while Ms. Rice is renegotiating with GFS, the City Manager contact a headhunter to research the market for hiring a facility manager and secretary. He said the City could save money by managing the facility themselves. Mayor Garvey questioned if the City can tap into the Tampa Convention Center staff for information. The City Manager noted the Tampa Convention Center is part of the City's competition. She agreed December is not a highly productive time for business people. She indicated staff could slow things down and delay all major decisions until after the holidays. Mr. Baker did not think delaying these decisions would be detrimental to the . Harborview Center project unless the Commission took six months to do something. He said the Center is sufficiently planned but some fine tuning is needed. He said staff will not let the Harborview 'Center projoct suffer. The City Manager agreed a one month delay would not hurt. Commissioner 'Thomas said he talked with the City Manager regarding the need to remove all pillars from , the upstairs room. He requested staff find out how much that would cost. Mr. Baker lridicated staff would report on that information. mincc12a.94 12/01/94 33 "1'~~~A-~'lii~'.'\. :,..... "~"..\.;o!.>:":.. .. "', J.. ;, t~. 4< '.' ,.<,.:" .'~ :.'.....-. < ~ . t. ",'.' '", ~~ . ~ ',_. . c. .. '.1: :.! ..' : ..'~ ~ . .....}.i~-u7 . . '~;M,'~~""l'''oLi'i!... ttJ..l~.;.~~;i;~~tw' t~ ',;;tj.~t::-~,-:=:t-tJ-~:~~~~~tc~'1.~L>~<;~: ~{~~~',1t':;1 ''', ~_ ;';.}" ~i>,'; ~,';".J~~'l.~ :~~'.~~i..~; ;;i {,..:'/ "~~ ~~r(.~ :i:'Ii:~'~~j 1~ ~'~~;~ ~~~~ . , '. ... . .. .'. ,,!o{ ""u.(-~!"""',=",",,':J"':"~~;~I:"~.J" ~,..~~ ....~""~j.,..~,""'l'..p<+.~.~. ...,1"1 ,'. c ... . :~)-~," biiU:;:';'~;/t;::::':.. ,,' ," ..; '.,~;:, , " 4t'" ...... o Ms. Rice noted another issue relates to the restaurants. Commissioner Deegan said the Commission has not seen any preliminary estimates from the competing management team. He noted agreement that no Purchase Order will be issued this month for the management of the Center. Consensus was that no Purchase Order will be issued this month for the Center. Commissioner Deegan said, based on figures presented by GFS, the best case showed a $61,000 profit less GFS' $150,000 incentive. He noted that even under the most ideal situation, the' City would lose money on the venture. He questioned if the Commission would want to agree to such a contract. Commissioner Deegan said he had no idea the management of the facility would take 14 to 1 5 employees. He recommended the Commission decide the number of people required to run the Center. Ms. Rice said the other firm was similar in their discussion. Commissioner Deegan said the Commission may be aiming too high and suggested beginning more modestly. He requested staff check out alternate management possibilities. '.. ~ I ", The City Manager indicated many people with a great deal of experience have contacted the City. Commissioner Deegan recommended staff screen those contacts. The City Manager said the Commission had discussed the pros and cons of hiring a management firm. She agreed GFS has out priced the City and suggested the City may decide to hire a marketing firm for the first year. Mayor Garvey noted that may cost more than GFS. Commissioner Deegan said GFS is too rich for the City's blood. Mayor Garvey indicated the City needs to hire someone to manage the Center. Commissioner Deegan agreed but said the Center should not need 14 bodies to run it. :""0 ' , Commissioner Berfield noted Ruth Eckerd Hall and the Long Center have people that, manage them and suggested they may be able to offer advice. .~ , ' , " '..., Commissioner Thomas recommended Ms. Rice continue negotiating with GFS for the next 30 to 45 days to reach a deal. Commissioner Deegan suggested the whole scope of the contract be renegotiated. Commissioner Thomas said he wanted a parallel search of the outside marketplace to later compare the two issues. Mayor Garvey questioned what the Commission plans to do to find someone to manage the Center. Commissioner Deegan said the City may have made a mistake advertising for a firm to manage the Center. He pointed out that the City knows how to ' manage buildings but does not know how to market trade shows. Ms. Rice said there are specific skills to managing this type of facility that the City does not have. Commissioner Deegan said the City does not need 14 people to begin to market and schedule the Center and suggested starting with current staff. ~ " . . ' .. ~.: ~ " " , 't~ j .': ,.>0'. ';':J'\'< ~ <,,' Commissioner Thomas said convention centers, such as those in Tampa and Orlando, do not provide the type of services GFS was talking about. He said conventions , must hire independent convention floor managers to set up booths and walls, etc. He noted other convention centers charge for the whole space and conventions then are responsible for erecting their own fake walls. '.~ ' :,,'0 mince 128.94 34 12/01/94 f-':. ~~w-" ,..,.. ::' ", ',': -, -~~ ','~-~, ,~~~il.i;;:W;';;~:i~t:';',~~ 'ili;~~~,.t~~;;~,~,.i~~J,~~' ~i,~ :-~~k}.i~J.,{i1~:~'i~~:J;i;;ii;,~:~~fu~:!t.;;:~:J~~;:',,:":,; ,~, :;~ ,:;;#fj; ;);~~\;;:.~U:;;!'/":"~" ,', "',," . , , ,-," . . ~.' '. ... .. . ,~. . , ... " '. .. .. '. , . ,'.. + . p' ~.. ,> :.~: .' . f) . " "'.' ~, . , " ':0' , ' " d' , . ;<c, ~ .:. -- \ ',::. ' ,,'~ . (. . .," '. I. ': '. ~~: ::. . . ; ....~ . " .' :.0..' " r' .' .... ,c I~ ~. ;, '1' :. ,~. ' oJ.' . ~;\~, ... '1;",' ~':'~ ,;..,~ . :. " ~ I J; 'n. :'., . ;~:\,:,:: ~;:~:. .... c"~>".. " ; :'. : ,:..:' ' ..... ,'j:',' ~'" " . < . ,:t>.';~ . , , ~. . . ".. ,\: " ~ ~r" \. '. ..,..(,', :' ,', ' .l'", Commissioner Deegan said he was convinced the scope of services recommended by GFS is out of the City's ballpark. He recommended scaling back the scope of services to lower the cost. Ms. Rice said she will review several options with GFS. The City Manager noted hiring for the Center was staggered in GFS' proposal. She said staff will review all options. Commissioner Fitzgerald said the Hammer Siler report rendered on the Center indicated a minimum of 11 people would be needed to run the facility in addition to City staff. He stated he does not agree with that number. He expressed concern that the first need of the Center is a sales force and noted GFS did not recommend adding that position until the end of the first year. Ms. Rice said, in fairness, GFS had proposed to market the Center from their Tampa office before sending an employee on site. Commissioner Fitzgerald said he felt GFS was trying to sell the Commission on the contacts they have to draw in business. Commissioner Thomas agreed contacts are valuable. He suggested many people with these skills are presently looking for jobs. Commissioner Fitzgerald agreed the GFS proposal costs too much. He ~uggBstBd taking a long hard look at alternatives before finalizing anything. Mayor Garvey noted staff needs to see what needs to be done as quickly as possible. She noted the need to start marketing the Center to attract shows to Clearwater. The City Manager requested a month to work on the issue. Mayor Garvey questioned if staff can slow down the search for restaurants. The City Manager indicated the restaurant Requests for Proposals (RFP) are due December 9, 1994 and will take at least three weeks to review. She said there would be no problem delaying a decision until January. Ms. Rice said every management firm staff talked with indicated food was an important part of a facility's revenues. Commissioner Thomas noted the importance of electrical power on the trade show ,floor. He noted many convention centers have 50 foot centers with separate switching stations. Mr. Baker said the architect is not unaware of that. He said management firms have indicated the third floor plan was well designed. The drawback of the first floor plan is a need for more space. The City Manager said when Carol Ketterhagen and Dr. Klages made their presentation to a recent tourism meeting on the beach, she realized how much attention , they spend, on south County and asked what it would take to move the Convention and Visitors Bureau (CVB) to Clearwater. She said the response was, "make us an offer." Consensus was for the City Manager to put together a proposal to request the cve move to Clearwater. d) Set additional strategic planning dates , The City Manager noted one strategic planning meeting had already been planned for January 12, 1995 from 9:00 a.m. until 1 :00 at the Solid Waste Facility. Commissioner Thomas suggested scheduling the meetings close to together. The City Manager indicated ,some time was needed between meetings. mincc12a.94 35 12/01/94 :"'--""'04~~~...i...+.'." .. ':." .]'. ,'~ .' \. ~"'...~..'", "", t"-:}'.. .'>.>', ',\~',' ," .. . , ..... "1 ,~.. ,.. ,.,:: ':',)~. ~ , '. . ~. .~...,~\.: i.<-_, t~i~;{l~L:"~~,:J;~~~j.,~::i:A~~.~t;G:;~t);,\,'~.~r:~i~J~;.~~~:t~f~(L~~i::l:,;it~~~{2i~1i~:~} ~~;l;; J:::'::';/:.~' ~ 1;\;;)l~61 ' . ~ ,~ '..'." ~ .,~"""f'.... t J;:~:r~~~I~_ .",II4-~i..' Hj",~,~">-;.I;-";':""'~I'J~"i.... ~' '. ~. 1J ,~~~t~~)~;~).f::;>) :~.:,\ ::.~: .<~:, i:: .. :';~.'; ':;',t~;,-',;: :~: . . ~ . : . , ~.., ~ ~:,~.~J.~ \~. .' " ~.' ~. ,"I,' \, .~' r, Strategic planning meetings were scheduled for January 23, 1995 and February 6, 1995, from 9:00 a.m. to 1 :00 p.m. CITY ATTORNEY REPORTS ITEM #34 - Resolutions a) Res.#94-107 - Demolition lien - 1301 N. Ft. Harrison Avenue - Enghurst Addition to Clearwater, Lot 5 less E 50' (lrle) The City Attorney presented Resolution #94-' 07 and read it by title only. Commissioner Barfield moved to pass and adopt Resolution #94-107 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. ~; ~ '~. '.. - . ~ .,'. . "Naystl: None. '1,1 ~:. ,. ;{ . . . '., ~ "I' : ~ ~ ,:', ,'. ...." . i~:~ ", '.: . , b) Res. #94-109 - Demolition lien - 90' Tuskawilla Street - Milton Park Sub., Blk 1 8, Lot 6 (Estes) " "''-'''0' , ' I :. " >\. . ,,' The City Attorney presented Resolution #94-109 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution 1/94-109 and authorize the ,appropriate officials to execute same. The motion was duly second~d and upon roll call, the vote was:" , I,"';' "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. ;i,,~-'( · ',' ',"Navs": Nona. }!~~:~,:,;'::'... ',,' ,ITEM #36 M Other City Attornev Items - None. V:.',,':.:.: . ',ITEM #36 ~ City Manaaer Verbal Reoorts zF::)/';.~<~ ...... '"'.' " " :~;:'~':::',';:'.",:'''' ,The City Manager announced the Commission is to gather for the Holiday Parade at e";':( '::>" 6:16'p.ni. in Station Square Park for transport via the Jolley'Trolley to Crest Lake Park. , . . j '. '" ' ' , , ~Li.;:;:,,'.,"r' :':' Commissioner Thomas questioned if parking would be provided. The City Manager f::;~~::':'~, ': recommended the Commissioners park in the lot next to Station Square Park. ,'<"I ':, " . 1.,:,:,:~,',..,..:.,::,:~",:~,:,.'.!,'~,~:,.::...~:..,';,_",',:,,~,::',::,~,;,:,:,",..,.'.,: " ' (~Bl ie~~;~~~~~~~~~~~~~~~~~~I~~~C~I~::~~':~~lgt~~~ ~;:~~~f~:e;:a~~~~::::e:~a~~: .: : ' ,EAB requested staff prioritize the properties they have identified according to , ',' environmental value. Staff estimated this exercise would take two weeks to accomplish. r:'~"'~~";'~l"~::':::"'" . .', She said Tom Miller, Assistant Engineering Director/ Environmental, questioned if mapping ~, ,.' the smaller properties will provide the Commission with the information they have ;;;;~::.:, requested. He suggested staff address the five largest or most sensitive properties and do ;'..~>:. ' , a thorough study. :,\ ::' . h<.:. ,~incc12a.94 " 36 12/01/94 ~!.'~. " .- .t:..'.:l.......:..,..<.. ~'Y:r:~'~: -, . ~. >~~,. ',: i~:;~:.':: .. ~':.~ ~::, '.': ' 'bn, ~. n '''^ ..~ ,:. ~:;:,' .. .... ..' ',' ~~~.:~: ':,'. ',' .' . ..... ',';' ". ~:~,>~'~. . :' . ~.,' ~L .:"., >, "" .\ :. . ;;',.'. f~:~. >, ~~r.,.", 1t~\." .(' .,' ~\: ~': ~': ~." ~ ' ." Commissioner Berfield questioned what the EAB is requesting Mr. Miller to do. The City Manager said the EAB is requesting detailed information that inventories the properties for trees, flora, fauna, and wildlife. Mayor Garvey questioned if this is something the Commission wants. Commissioner Thomas said originally the issue revolved around mapping stands of rare trees on empty property. He indicated he is not concerned regarding the wildlife. The City Manager suggested a windshield survey might be adequate. Commissioner Deegan said the time to do a detailed map is if and when one of the properties becomes available for development. Commissioner Berfield suggested indicating the land use designation on the maps. The Mayor indicated the Commission wanted the environmentally sensitive lands identified with obvious significance noted. No detailed information is required at this time. The City Manager indicated a memorandum has been distributed regarding timing on the Charter review questions. ITEM #37 - Commission Discussion Items - None. ITEM #38 - Other Commission Action Commissioner Deegan referenced a letter from the Chamber of Commerce to Earl Barrett regarding a possible 'swap of the current Chamber building for the City's former Utilities' building. The Chamber had requested a reply by December 15, 1994, to thair . request that the Utilities bunding be upgraded to meet all applicable codes including: removal of asbestos; meeting ADA requirements; installation of an elevator; replacement of the air-conditioning system; solving the mold contamination; and replacement of the roof. The Chamber requested the City maintain the lawn and landscaping and hold the Chamber harmless for any soil de'contamination. They requested that the property not be , encumbered with a reverter clause and the City finance an interest free loan for 20 years to permit the Chamber to complete the additional renovations, estimated to cost $450,000. ' Commissioner Deegan said he was very disappointed with the Chamber's proposal. 'He questioned where the Chamber got the nerve to think the City would want to upgrade a City building and give a free, 20-year loan on top of that. He said the Chamber indicated this was the first step of negotiations. He said the proposal is far from what he had anticipated. Mayor Garvey said she scanned the letter and indicated there is no way a deal can 'be made based on these demands. Commissioner Thomas agreed. Mayor Garvey said the Chamber's requests ara excessive and did not think the citizens of Clearwater would think this deal is positive for the City. She noted at the same time; the' Chamber is asking the City to forgive their last loan. Commissioner Deegan questioned if the City Manager had discussed this wit~ Mr. Barrett. Mr. Baker said he spoke to Mr. Barrett about it. mincc12a.94 37 12/01/94 ~~;." ;<r~ '",.li)>~~1 ~,~""~>:O"c_-,,,, ...' ,'.' '-"\'" ',,' .'c..'.-'.''''''.':Jr~ ~~-- . ". , . ~~"~l~',~~~:.r~~';~.~~i~~l;~#:;~~~~~2.ff~'1:~~~~~~i~;~~~lJ;.~~:(.J)}::.~~J','/jl~j;i;A~~A~~~4;:;ii~{!$.\.f!~t~~if{.z~~ '., ~ .. . . 1_, .......;": t' \, ......~:,.,. :r!;-l.P'~"AA.;O:.'-"'.:~,", ~.. _ ~~l;~'l~:"t~:-:/\i,.,; "; · '" ' "', , ' '~{~~- ."" . ' . \~ : ,. i.~!::::\ .3:,: :- . ~. ~ . ,('\ / ,",0 c', " " "; : '< ' " ' . ~ 1 " ' " " , .i ~ ."~ .... , . . . ~/ ,.: , ' , "::::. > .i , , .", ,- +M. : , 'I' 'l. :'~ ~p r;\I".<.,/ :'~:t: '1;'r '~I~ ~ .' . < ~. . , . ~" , " , .~~.;~. " .~:. '. ' .~,,\ . ',- i(,,', ' : <' ~.' Consensus was that the offer was so out of line, it was not worth negotiating. Commissioner Deegan said he brought this up because today is the Commission's only meeting in December. He requested the City Manager politely decline further discussion. Commissioner Thomas requested staff bring forward alternate plans for the property. Commissioner Thomas said he had requested the City Attorney prepare a resolution requesting the State Legislature dissolve the Downtown Development Board (DDB). He indicated he was extremely disappointed the DDB rejected the City Commission's suggestion to hold new elections. He said DDB board members had bragged they are Immune from any action by the City Commission. He indicated downtown citizens have given $2-million to the DDS since its inception for the redevelopment and promotion of Downtown. He said the DDS has wasted vast amounts of money on salaries and studies that have not accomplished anything. He said the resolution vents his frustration with the DDS. The City Attorney presented Resolution #94-111 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #94-111 and authorize the appropriate officials to execute same. The motion was duly seconded Commissioner Berfield questioned if the City Attorney researched this. The City Attorney said this is the proper method to proceed. Commissioner Berfield noted the City can go to the legislature and ask for an official vote and questioned if the Downtown property owners could follow the same process. The City Attorney said the legislature can dissolve the board or the board can dissolve itself. She said if property owners wished to petition, they would be required to gather signatures from 30% of the property owners and present the petition to the board who then could decide whether or not to act on it. Mayor Garvey said she was against this action. She said she thought the City Commission would provide the DDB the opportunity to make sure voting procedures were clarified. She said the DDS serves a certain purpose and pointed out the majority of the DDB voted not to have a new election. She recommended the Commission work with the DDS and not against them. Commissioner Deegan felt the situation has gone far beyond the Commission's ability to work with the DDS. He said he heard second-hand comments from the last meeting that indicated the DDB does not seem to desire to cooperate with the City Commission. He said he spent a lot of time working on a new ordinance to clarify rules and responsibilities to be certain no interface between the DDB and Community Redevelopment Agency (CRA) occurred. He indicated things did not work out that way. He felt the DDB is deliberately tr'ying to be uncooperative. He said the election does not concern him. He expressed concerns regarding the entire direction the DDB is taking. '. ~ \' ~ I Commissioner Fitzgerald spoke in opposition to the resolution. He said this is a heavy-handed way to deal with something where the City should be brought together rather than being split apart. He felt the recommended action will make matters worse than. they already are. He felt the approach is totalitarian. He said he had hopes last year when a, partnership was formed and all participants were enthusiastic about working mince 128.94 38 12/01/94 .'~~__-oL", ~ ,...,....I'.I;~(\J"';,~~u~Lb.~~f~<A' \ '''r;..? '. :;.:.~.:.. .~... ,"....' ,~. .. . ~ ( "::., 'r'~~'~:" r.'. i.. >e".. .: '. ~~' . '~r1''''.' * <~ ..... < : I ,: ~.~: J . <' ~ /: ..._:!..\:.:~'~~~^ tot \~tI""'~~""'\~"''J''~.....1.'...,J'Yl'.a r..l...~~~...~'r'.. "v'I' ," -041"" '~.. "'> : ';' T'" , "1 JoI-.~'II,~~;l,",ro. \ ". .l.I)~.....~~.:tr~'\"",'.r"'r'.~ffJ~ ' . L..\..... ...,.,,:. .....,~f."'....oIJ~~.I,~...,~:[.r..~'~;~V~;~~.:~.J~~~~4~~\i,r.J',1)~~:--:-~....~:.~~j;~,.;,r.'. ~.~... ". ~" " ' '. ..... 'J'. . > 'l ~ ~~. ~~~_:rt0.~~f~..h~j:i\;Si~lt~~lJJi~ ~ :."', , , "~iXQ:-\.;<\~r' , , :"~ ."; ~. . ~ ~. , .' ~~ ;};!::;~;d!;: <:.. ... .,: . , ' n " 0',' . , . " ~ '. . . , " c' . .: , '.' ~,' .- : , , ' , ' cF" \', " :.~4'i' . t~:,:: ' i!::Z/ ", Ii;: ~~::T~~"~::' '. I~~;i::'" \;: >, . < ' ..' ,- . .~~.." ttf]~~'J . h-'1.'.: . ~,~::' ~<:,. ~ ~..., I~ .' . , ,- /Ii, ..'. J'~ , . ,If:'~ ' ~--;' ~, j.~ :. , . F:~ , toward common goals. He said the resolution will not foster goodwill but will make matters worse. He did not agree with Commissioner Deegan that it was impossible to work with the DDB. He did not think the resolution was anything more than a declaration of war and will resutt in more unhappiness. Mayor Garvey thought the Commission had chosen to express their dissatisfaction with the election but were still willing to work together. She said taking this step will indicate the City Commission does not want to talk to the DDB. She said the direction the Commission gave at the last meeting was to give the DDB time to address Commission concerns. She said no one reported to her that the November 29, 1 994, DDB meeting had been negative. She said this action is premature. She recommended the City Commission find out what the friction is and work to deal with it. Commissioner Berfield agreed with both sides. She expressed concerns regarding DOB's attitude and questioned if the DDB wanted to work with the City Commission. She said OOB had indicated they would lido their thing, II and the City could lido theirs." She said if that was their feelings, they should do without Commission involvement including City staff and use of City facilities. She noted the property owners cannot dissolve the DDB. Mayor Garvey noted the City Commission has not heard from the property owners. She indicated she has received calls from property owners on both sides of this issue. She said the Commission should delay a decision until they get an official request from property owners. She noted the DDB was elected by Downtown property owners. Commissioner Deegan suggested the procedure was similar to a receipt and referral. He indicated if the resolution is passed, the process will be started and will not happen overnight. Mayor Garvey noted this is not a receipt and referral item but an official City Commission a,ction. Commissioner Deegan said it would start a process. , Commissioner Berfield questioned the process if the resolution is passed tonight. The City Attorney said the resolution woutd be sent to the legislative delegation. The City would ask them to support a bill to dissolve the special district. Commissioner Berfield noted the City would have to get someone to sponsor the bill and both sides would have the opportunity for input. She suggested this action would open the whole process. Ms. Rice indicated another public hearing with the delegation will occur in December. She indicated the City would need to locate a sponsor before that hearing. Commissioner Deegan pointed out the City Commission passed a resolution at the last meeting that was forwarded to the DDB and read into the record. He noted this possible consequence was mentioned and it is not like the DOB did not know this could happen. Commissioner Thomas said the DDB's arrogance and contempt of the majority rule of the City Commission is more than he can tolerate. He said the Commission has the legal authority to demand a new DDB election. He said the Commission tried to be nice and recommend a new election but the DDB rebuked the City Commission. The Mayor said the DOB Is elected by property owners they represent. Commissioner Thomas said by mincc12a.94 12/01/94 39 ...-----....,.,;.;Wi.'4i;~~T~.~~.......j.h,.lr..:,. ~. "1 ,'~/',~u" ....;... ...... ...;....,~:k.:. ~'....~l.'... ", '0 ~/.....t":.~.:.1.:.:':.,.. :..:>1.....~:. /:~~~'-~~~ 1-/ .tioi'o........I~.:.~~.,..'k.;.'lIrV......~ib\ ~:...,.4...{.'.+~-1.:"..\. ."> -'.:.,rr....I.~.y,.... 'co' ...........,.~~.1\.~j.il...~-;.t1,.~~,..."n\~\1l' c . "l ..'~.:.. .....:I'~h':~} .~.:.':'i~~~'''''''i''''L';'in~',':''''''''0.'~.\-.!"!V'L.~,.;.'..~...t,~ '."" . . - ~'... S I. ~?:..~c,,;, " ' S,s>L:,~, c. ~!," . ~ 'f'" '>~. c" j;..'cl.' ',' :. ?~~)/.:. .:~ > '~t,/'/? '~", ,',' ;;1 ~~,'. ":' . . . ':r ~. , ~~f~:~ ': ~~~. ~1",_,' ~.fi;';'; "'*~>: , I~",,,,,,,'l<'" ~ ~~f\t,":",., ' i~~!>':, ' t~;,:" ' , ~;r,\. " ?~!~"~_it~i{~Il\I-~~ --"~\:.""'''~=-:''.o",,~!Jj.t..:...:.) "~":':;"::"'~';'>';'i',~i,'"", '.,::,;, ,:', "".r :'~.. ""\:~;!":~-",'.;';'~';" ":'~ '~':':',,"',t., '--"<a>~ ~';;;:S:~~:',: /,~)" (: ., ,:'~,: . . . · . . ., ......,. ,."""'-'~" ""'i"'-"~'*,;~~'~!,"';lili'1~""~"","'"'' """".,.,.,.. · ":: .- ," .~~1"'" ."..' ." ~ r--, . \ .', , , ' ", . . '., ..., . .":1' .\" . .' ~,:, , .., :. . ~ ". , . '..1" <'t:'" :..1." >"0 " ;".; .. ~ c , < . ~ .. '~;':'..:-'.. ' ~ .' '. ~:.: ~.: '. . ...>' . . ~. .' ~~', t", ..' ~ ~. . :Y'" .." e .'_ . :;:~. '.:.:", ~ c , ",. ;~~. ~ ': '.' <' . State statute, the Commission has legal responsibility in governing the DDB's actions. Commissioner Deegan said this legislation says to the legislature, "You created them. We are having a hard time getting along with them. You decide whether to get rid of them or not. n Mayor Garvey said at the last discussion, the City Commission was going to work with the DDB to see if changes need to be made. Commissioner Deegan said the DDB indicated at their November 29, 1994 meeting, that they had no desire to cooperate with the City Commission. Upon roll call, the vote was: "Ayes": Berfield, Deegan and Thomas. "Naysll: Fitzgerald and Garvey. Motion carried. GQmmissioner Deeaan suggested a slightly different tack regarding the DDB. He noted the DDB claims the City Commission cannot dissolve them, only the State. He , noted the City, by ordinance, created a special taxing district which is the source of the DDB's funding. He requested the City Attorney be directed to prepare an ordinance to dissolve the DDB special taxing district. He said even if the DDB stayed in existence as a board, they would no longer have taxing authority. Commissioner Thomas agreed. Commissioner Berfield questioned if that would allow the City Clerk to no longer be involved with DDB business. Commissioner Thomas said that was something else to deal ,with. He 'said this ordinance puts the issue out in the public domain and will force the discussion to take place in this Chamber. The City Attorney said the Commission can revoke the taxing district authority. 'Commissioner Fitzgerald noted once the taxing ability is revoked, that capability is abolished for good and will not be recreated. The City Attorney agreed once the taxing ability is revoked it is gone. Only the legislature could reinstate it. Commissioner Deegan agreed that was a valid point to keep in mind. He said the taxing district was established 20 years ago as the only method of collecting special taxes Downtown. He noted the CRA was installed 10 years later as a way of getting an even , , better source of revenue from the same district. He felt the two districts are redundant. . Commissioner Fitzgerald said Commissioner Deegan's position does not necessarily reflect the views of those who need to be involved with this decision. He reiterated this , action would be irrevocable. Mayor Garvey said she did not support the recommendation. She said the Commission has to work with DDB members and Downtown taxpayers. ,/ ..... , Commissioner Fitzgerald expressed concerns the City will need to depend on legislatures from outside the City to solve this problem. Commissioner Berfield said the mincc12a.94 12/01/94 40 " . ~~lt~:/{ ~. , ~{~{';.........,.., '. ~;kh,::,;';:,:";:" ,: ',(:', \ . . . , '~f;':' l. . . . ~ . , . I ". ,;;::,'~ "," . mlOcc12a.94 :F!J.:~ ~:: t, ',:' '..' ' iC~~,:.:,~'/ ' i;;it(.:' ~:':. ': : h .. , ~H'''t.~~_.." _....-.~.....,.t,~~h~:"\,'.,.,~.....'.~J#t<!.':-!..~. < ',' ," "~1.=.f",:j, l.:,~ 'L'- ";';lQ:&~f:;;':;',';\!i;" t........' ,'. '..,G..;ii....:."'''':J.,..:,t.:,:''''~...:.\~.~- . ~.- .' ,:...',. _._..............-&;.~~~~1J!:...~:~~~~y~~~Wi'~,_~~l....-~ , _%~i;i~j~);:~,:,:!<,~:j\:..:..^....:;:;..... ........ ,.~u'. .'.- .'. '.~'.' . '/<:" ....... ;\~:'t....iL.;:'if,.ofi.:J;,~~I..!'1. "A:'lo"'." \","., .," .~~:.1.......~,......,... ..~<t( ';1 ~..~: ",,\\~...! I.: JoI - .'.. I _'-,. +(.r..... u .~ ij~'*;;~.;~~.I;.t,",.~ifi~H"..).l. '," "~'J..\;..fll'~" . '., 1-".1,.., ". . . . . <., '..' ,.. '.' .. .,. -.,..".'.. f'l I " ~. ..' " ' ,", ~ . ci" ~~'~' . " . " . ~; ::. d. .' . .:';"'e"~', II' <." .... . ':.' " ~ ~.; " ., ' N.;~..,,', . ~" . ;:.........:.:: , ~ ': .'~' ~;. ,~ : ' I ~ , ., . : .... . legislature put the City in this situation with their laws. She said it was worse that Downtown taxpayers do not have the right to say they do not want to pay the tax anymore. She said she had a problem with the DOB's refusal to even readdress their election and look at 17 ballots with the same criteria they used to accept two other votes. Mayor Garvey questioned why the Commission is going through the whole process because of one or two ballots. Commissioner Berfield' said she did not think the City Commission and DOB are working together. Commissioner Deegan said the impression he gets is that the DDB has the attitude that they are the ones elected by the people Downtown and are the ones that take care of Downtown. He said Clearwater's citizens expect their Commission to have the principal responsibility for Downtown because it is the City of Clearwater's Downtown. Mayor Garvey spoke in opposition of dissolving the special taxing district. The majority agreed to direct the City Attorney to prepare an ordinance to dissolve the ODS special taxing district. Commissioner Thomas thanked staff and the City Manager for new Holiday Tree on , the harborfront. Commissioner Berfield referred to Item #29 and requested citizens contact ":, publications they do not want thrown on their lawns and inform the City in a couple of months if there is no compliance. If there is a problem, the ordinance can be revisited. 'All Commissioners wished all Happy Holidays. , . , ITEM #39 - Adiournment The meeting ~djourned at 12: 11 a.m., December 2, 1994. . " \' \ '; .\: l ,~. - 1 I I ~ l ~~ ~ / ',.' 1.. .. " . ~ 1, .. \..~... ~.. , . ... ~ '. 12~ er a..o.-.... ( I, 41 12/01/94