03/15/1993 (2)
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WORKSESSION
City Commission Worksession Minutes
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Arthur X. Deegan, II
Commissioner
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CITY COMMISSION WORK SESSION
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March 15 1993
The City Commission of the City of Clearwater met at City Hall with the following members
present:
Rita Garvey
Richard Fitzgerald
Sue Berfield
Mayme Hodges
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Absent:
Also present:
Michael J. Wright
Kathy S. Rice
Elizabeth Deptula
M.A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
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The meeting was called to order at 9:02 a.m.
Service Awards
Three employees were presented service awards.
This is the first renewal of two authorized in the general conditions of the original bid.
There will be no changes in prices or terms.
Contract to retain outside environmental counsel (Akerman. Senterfitt & EidsonL Orlando. FL.
for matters related to the DER investigation of the former Clearwater Gas Manufactured Gas
Plant site. at a cost not to exceed $40.000 (GAS)
Mr. Galbraith recommended outside counsel with expertise in gas plant sites.
Commissioner Fitzgerald questioned whether the City was working with other cities which
have the same problem. Mr. Galbraith said it is not a combined law suit but it is aimed at one
particular property. noting there are 23 sites in Florida. with each handled independently.
Emergencv Storm Response
The Mayor requested a recap of the emergency response over the weekend. Mr.
Wright reported the emergency operation center was activated at 7:00 a.m. Saturday morning
due to weather conditions. He reported several feet of water in the street and some in homes.
Between 100-150 people were moved from North Beach. Assessment of damage to City
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Mayor Garvey suggested the community spokesperson for Cleveland Street be notified
of this activity. Mr. Wright will handle. '
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property included total destruction of two mainland pavilions; damage to Seminole docks;
broken glass and roof damage at Maas Brothers; and accumulation of sand and palm trees
down. Cleanup started yesterday and assessment of damage will be reported in the morning.
Mr. Baker will schedule a dive to look at Clearwater Pass Bridge. Mr. Wright said he believed
the City was "in good shape".
Contract for labor to rSDlace gas mains and services on Cleveland Street to Gulfcoast Utilitv
Constructors. St. Petersburg. FL. at an filst. $65.100 [GAS)
Contract for study of gas rates to Coooers & Lvbrand, Tampa, FL, at a cost not to exceed
$45.500 (GAS)
The City's gas rates have not been thoroughly examined for 10 years and are not
competitive with other energy suppliers or gas companies around the State. It is proposed
that Coopers & Lybrand provide a study of gas rates at a cost not to exceed $45,500 in
accordance with Code 2.564(1 )(3), impractical to bid. Mr. Warrington reported the
methodology was in place and it was just a matter of applying formulas for firm and
interruptabJe rates.
Mr. Wright indicated an in~house study had been considered but City staff does not
have the time or expertise required.
l,,:~ Pinellas Trail (WSOHPR)
Mr. Ream Wilson gave a background report on the Pinellas Trail. indicating the City's
preferred route down East Avenue proved unacceptable from a safety standpoint. sharing of
pavement with DOT and an active railroad line. New proposals will be offered to the County
and he distributed packets offering fOllr route options. His presentation described the route
of option #1, indicating the solid line represented the preferred route; the dotted line along the
railroad right of way would be second choice. Mr. Wilson relayed the pros and cons of the
other three options concluding sta ff recommends the solid line of option # 1 as the route of
choice. The Commission will consider this as an agenda item at its March 1 a, 1994 meeting.
Harbor Oaks Association reQuest to close Druid Road and Bav AVenue at their intersections
with JefforQS Str~et; direction re: proposed traffic action plan (PW)
The Harbor Oaks Association has requested the permanent closure of both Bay Avenue
and Druid Road at their instersections with Jeffords Street to protect the neighborhood from
pollution and traffic hazards. The closure of Druid Road would divert a significant amount of
traffic to South Fort Harrison Avenue. The Fire Department has expressed opposition;
however, Transportation and the Fire Department have developed a plan to reduce traffic
through the neighborhood while maintaining emergency access. Traffic statistics and routes
were cited.
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In the ensuing discussion, Chief Davidson expressed concern that the wooden homes
in the area require rapid response, and the proposal would block two of the five accesses to
Morton Plant Hospital. Mr. Yauch indicated the agenda item proposal recommends to deny,
based on concerns. He introduced the plan to reduce traffic on Fort Harrison by shifting
northbound traffic to Myrtle Avenue, using a asymetricallane design. Mr. Wright stressed
Druid could not be closed until it is determined how the traffic will be shifted from the Harbor
Oaks area. He indicated staff recommends the Myrtle/Fort Harrison corridor notwithstanding
the outcome of Harbor Oaks' request.
Mr. Yauch noted Morton Plant's intent to widen Jeffords Street, which does not now
adequately accommoate fire equipment. He described plans which would improve traffic flow
in the future.
Mr. Wright said staff recommends denial of the Harbor Oaks' request. He suggested
bringing back specifics on the modified one-way pair for Fort Harrison/Myrtle Avenues
modification.
Declare city vehicle 1331,97 surplus: Purchase a thermoolastic striDing unit for the
PWrrransoortation Groun from Pave Mark Coro. Smyrna. GA. for $153.766:include trade-in
of vehicle for a credit of $10.500 (results in net cost of $143.266~: authorize leas%urchase
thru 1998; financinq to be orovided under City's Master Lease/Purchase aQreement with AT&T
Credit Com. (PW)
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The oil based paint used for marking traffic lines on City streets has a relatively short
life, long drying time, and environmental concerns with application and clean-up. The
pavement- marking industry favors a thermoplastic material which has a longer life span, cures
almost immediately upon application, and minimizes effects on the environment.
Responding to a question, Mr. Yauck indicated the City has a hand-thermoplastic unit
which cannot be used for major work.
Tank removal (PW)
This agenda item called for removal of a petroleum product tank and closure at City
Transfer Station and the City Hall Annex. Mr. Wright apologized for this last minute bid to get
on the State cleanup list for contamination. He said numbers will be supplied Thursday night.
Res. #93-' 2 - authorizing a coooerative assistance aqreement with the State re: feasibility
study for replacement of the Memorial Causeway S.R.60 Drawbridqe with a high-level fixed
bridae (PW}
Mr. Wright explained the agenda item as a feasibility study for the replacement of tl,e
Memorial Causeway State Road 60 drawbridge with a hjgh~level fixed bridge. and
recommended passing Resolution No. 93-' 2 authorizing a cooperative assistance agreement
for a feasibility study. He said it was a complicated matter, citing the flow of Court Street
traffic onto the bridge. If approved, DOT will receive suggestions, and work will begin on the
conceptual PD&E process.
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Public Hearing & First Reading Ords. #5349-93 & #5350-93 - land Use Plan Amendment to
Public/Semi-Public and P/SP Zoning for property located at 2965 C.R.193, oart of Sec. 5-29-
16, M&8 41.06 & 41.08. aporox. 7.47 ac.(Oak Leaf Ltd. LUP93-01. Z93-01 HPLD)
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Mr. Baker explained this item affirms the fact that the City has sent DOT an application;
this needs to be confirmed. It also authorizes a resolution that the project will go forward.
The City will not be entering into an agreement Thursday. This is only authorization; Mr.
Wright will bring an agreement later.
{Cant. from 3t4/93) Space Needs Study - New City Hall (CM)
Mayor Garvey said she wished to speak with Mr. Wright about some issues. Other
Commissioners had no comments. Mr. Wright asked if the attendance of the consultant would
be required on Thursday night; Mayor Garvey and the members agreed it was not necessary
for the consultant to attend. .
Acoroval of mid-vear General Fund budaet amendment to aoprooriate $32,100 from the
unreserved. undesignated fund balance of the General Fund for the 3 month continuation of
the Beach to Downtown Trolley Service (CM)
On March 4, 1993 the Commission approved a three-month continuation of the Beach-
to- Downtown Trolley service. Because this item covers funding for an item already approved,
it was put on consent.
This item requests an amendment to Future Land Use Plan and Zoning Atlas. Pinelias
~:::~~ County has a contract to purchase this property, located on the south side of CR 193, south
of Sunset Point Road, just west of landmark Drive, on the east side of the Paul B. Stephens
Exceptional Student Center. The City's Comprehensive Plan shows Landmark Drive extending
south through the east side of the applicant's property. This segment of Landmark Drive
extension is no longer considered necessary, desirable or feasible due to traffic engineering
considerations and environmental constraints. The improvements to McMullen~Booth Road
have eliminated the need for this road, so right~of~way dedication is not an issue.
Mayor Garvey expressed concern with the reference to Landmark Drive. Mr. Wright
offered at this particular point the area is not south of Union Street; the subject property is
south of any future plans for building Landmark. Mr. Wright offered past environmental
concerns preclude goJng this far south, there is no continuous link and right-of-way dedication
is not needed.
Public Hearing - PPC Consiste.ncv Pro!:uam - reconsideration of various land use olan
amendments: modification of Exhibit A of Res. 1192-69 (PLD)
On December 17, 1992, the City Commission approved the following ordinances on
first reading and resolutions involved with the PPC Consistency Program: Res. Nos. 92-69
and 92-78; and Ordinances Nos. 5312~92; and 5296-92.
Mr. Polatty indicated that the Planning and Zoning Board recommended following the
City staff's recommendations on the issues. He indicated differences remain between PPC
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staff and City staff. He explained seven items listed on staff's Consistency Issues to be
Resolved table. He said items 1 - 3 concern single family zoning and single family land use
plan; and item 4 which the PPC would like to keep RDR category, a county category for
commerclal on US 19; there is agreement on item 5 with the exception of Kapok Tree; item
6, PSP sites, and item 7 are not problems.
Mr. Wright noted several months ago the County plan was going to be changed to the
City plan and notices were sent to residences in the Countryside area. Later the Commission
opted to change the City plan, adding more single family residential categories.
Ms. Glatthorn reported a conflict existed in several subdivisions zoned RS-2, and some
in RS-4 and RS-5. She said PPC had estimated the average density to be close to one unit to
the acre. It was found that actually some lots were less than one acre, and non-conformities
would be created for lot size. She indicated residents want to restrict density, but some do
not want to change zoning. She added it would be difficult to sub-divide lots on either
category.
Mr. Wright asked Mr. Polatty to provide a chart on one piece of paper that indicates
units per acre, and the name of the pertinent subdivision. Ms. Glatthorn described at length
various zoning changes.
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Mr. Polatty shared PPC background with the Commission, indicating the County will
not depart from ROR classification. Mr. Shuford offered Clearwater is the dividing line
between ROR to the north and commercial in the south. Mr. Wright asked for a determination
as to how many non~conformities would be created with the zoning change; Mr. Polatty
indicated he will provide 1} a complete list of RDR non-conformities, 21 a table with explains
land use and densities and 3) the names of the subdivisions.
Ms. Hodges questioned #21, page 9. Ms. Glatthorn indicated ;n this instance the
zoning would not change for the platted subdivision.
Preliminarv Subdivison Plat for Kings Highwav Subdivision (Woodland. Scholl. Austin. Dillim:!er,
Nealv. A.H.W., FitzQerald. Pittman. Golden. NikolausHPLD)
The applicant proposes to subdivide an existing 4 building, 28 unit condominium
development known as Kings Highway Condominiums to a fee simple townhouse subdivision.
This item will return to the City Commission after the five issues listed by Planning and
Development in its Agenda Cover Memorandum have been addressed and resolved.
Mr. Polatty explained the interior walls must meet fire wall standards and would have
to be rebuilt and roof changes may be necessary. Mr. Polatty said location of public and
private utilities and subdivision of overlay with proposed plat with as. built additions is
required. Mr. Wright explained the configuration saying each owner will get a piece of the
common area, creating a zero lot line subdivision. He added 1 Ooo/Q of the owners agree and
said the application is complicated and very unusual. Consensus for the item to return to the
Commission for final approval after the DRe process.
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Mr. Polatty said Stag Run Boulevard homeowners' association president is satisfied
with leaving access to U.S. 19 open. There will be two curb cuts off Stag Run instead of one.
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Land Use Plan Amendrner1t to Comn1erciolffourist Facilities and CG Zoninn for propertv located
at 2339 Gulf to Ba)' Blvd.. part of S~c. 18.29~16. N 280.01' of Hillcrest Mobile Home Park,
aoorox. 0.64 ac. (Lokev Oldsmobile, lnc.. LUP 93-12. Z93-03HPLD)
Lokey Oldsmobile, Inc. wishes to change the land use and zoning classifications to
enable it to incorporate this parcel into its automobile service center, presently located on both
sides of the parcel. The parcel was formerly part of Hillcrest Mobile Home Park.
It was noted by Mr. Polatty the mobile home park has an access off Druid Road. Staff
is concerned about the access. issue, and about signage issues that may be created when the
two commercial sites are joined.
Maior amendments to CPD Certified Final Site Plan for Wal-Mart located on the NW corner of
NE Coachman Rd. and US19N, Loehmann's Plaza, Dart of Lot 1 and Loehmann's Plaza Reolat,
Lots '-3 (Princiole Mutual Life InsuranceHPLD)
Mr. Wright explained Lohmanns was a partner in the shopping center and also had a
lease on its store. Wat-Mart's attempts to have Lohmanns vacate its store have been
unsuccessful; an additional 13,000 sq. ft. building' will stay on the site. Commissioner
Fitzgerald questioned the environmental impact upon wetlands if the building is left on site;
Mr. Polatty verified it does not impact the wetlands even now, and the cypress stand is still
valid; however, the contemplated wetlands area to be gained is a smaller area than originally
contemplated. Commissioner Fitzgerald asked if the building intruded into the wetlands; Mr.
Polatty answered, according to ORe review, it does not. Mr. Polatty will check this.
Replying to Mr. Wright's question, Mr. Polatty stated Wal-Mart. is owner of the
property, continuing a lease with Lohmanns. He said he did not know the lease term, but
believed it to be "lengthy". Mayor Garvey questioned signage. It was determined signage
woutd be according to code: Lohmann's would have signage on its building. Ms. Goudeau
indicated the item will be a public hearing because it is an amendment to a CPO.
Second Reading Ord. #5287-92 - Final Site Plan and amendment to CPD Zoning for orooerty
located at 2201 Sunset Point Rd.. Sec. 6~29-16. M&B 32.01 and portion of vacated Pinellas
Groves easement in Sec. 1 ~29~15. approx 1.24 Be. (Sun Bank of Tampa Bav Z92-0BHPLD)
On January 14, 1993, the Development Code Adjustment Board denied the applicant's
request for a parking variance. The applicant chose to reduce the size of his retail sales
building, and has revised the site plan accordingly. The final site plan provides the parking
required and has been approved by the Land Development Code. All site plan conditions,
notably additional interior landscape space, have been met. Mayor Garvey noted future right~
of~way use would cause landscape area to be lost.
Resolutions
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B.~_~.LJI93.15 & Res. #93.16 transmitting Land Use Plan Amendments associated with the
DowntQwo Dev. Plan & the N.Ft.Harrison/N.Myrtle Ave. zQning study to the ppe for review
If.bm
The Pinellas Planning Council {PPC) now requires the adoption of a resolution by the
governing body of the local government requesting ppe review before it will process land Use
Plan amendments. Ms. Goudeau explained future resolutions will be attached to the item
, which brings it forth for public hearing and Commission approval. Mr. Galbraith explained
'ordinances with contingencies which amend the plan will contain language authorizing the
Planning Director to notify the PPC the change being adopted as part of the same document,
adding this willresult in less paper work.
Res. #93-14 Commission Rules and Procedures
Mayor Garvey suggested, relative to changes to the Commission Rules and Procedures,
which have been standard for many years, the Commission may ultimately wish to consider
as a goal, a new approach to what it really wants for its Rules.
Mr. Galbraith described the proposed revisions as II clean-up changes It. A discussion
ensued. Commissioner Hodges expressed her confusion with former Rule 14, now restated
as Rule 12 "...The Chair cannot close debate, and the motion for the previous question shall
not be in order, as long as aiw member who has not exhausted his right to debate desires the
floor;" Mr. Galbraith added it still takes four votes to pass a motion. He briefed the members
on Roberts Rules. Commissioner Fitzgerald favored ample opportunity for discussion. Mayor
Garvey opined she did not want the Commission to get so bogged down with adherence to
the rules it neglects its mission to serve the citizens of Clearwater.
OTHER CITY ATTORNEY ITEMS
License AClreement with Diocese of St. Petersburg for driveway encroachment re: property
City is ourchasing at St. Cecelia's for Stevenson's Creek proiect
Mr. Galbraith described the license agreement with the Diocese of St. Petersburg for
encroachment created by a circular driveway. This agreement will allow that driveway to
continue being used in its current configuration, allow a ten foot temporary construction
easement along the western boundry, and allows the fence to remain. Mayor Garvey
questioned lack of a clause providing control, allowing the City to back out if necessary for
City purposes. A 90.day clause will be included in the agreement which wlll be presented
Thursd ay.
City Manager Verbal Reports
Mr. Wright reintroduced the unusual circumstance which arose several weeks ago as
a result of the way lot clearings were bid. He suggested reduction of the amount of lien to
$1,050, to be the average yearly cost of maintenance of a lot, with any additional cost to be
borne by the City. Ms. Rice said the lawn maintenance company in question has already been
paid. Mr. Wright offered if lot clearing costs were not paid by the owner, the City will bring
it up as a normal lot clearing agenda item.
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Other Commission Action
Commission Discussion I terns
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Trollev Ootions
Mr. Wright indicated as an additional option, the research conducted by Ms. Deptula
and Mr. Galbraith has indicated the Downtown Trolley is an eligible expense of the CRA.
Mr. Wright explained he will be routinely sending the Commission proposals which have
been received for the purchase of various City properties; currently, a purchase of Police
Department land at Countryside. ' "
Commissioner Berfield mentioned a request to waive charges for the Holiday Parade
on March 29th. Mayor Garvey indicated requests of this nature should be made as soon as
possible in order to include it in the budgeting process. Ms. Goudeau said there will be a
Commission discussion on March 29th. Also, Mr. Thomas's rule change request to have items
at least two weeks in advance will be discussed on March 29th.
Commissioner Fitzgerald reported information on the Atrium has been received for
discussion Thursday night. Mayor Garvey suggested this be put on the agenda for the City
Hall needs study.
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Commissioner Hodges questioned the determination of CNHS parking at Jack Russell
Stadium and was advised the issue will be readdressed next year.
Mr. Wright said, under the lease agreement with Jack Russell we are required to
maintain the main structual components of the facility and the Phillies do the minor
maintenance. In this regard, the sound system is old, outdated and has about failed. Mr.
Wilson has verified repair and restoration is the City's responsibility under the lease, although
it is not spelled out. Mr. Wright indicated this will cost approximately $10,000, and
recommended the City work with the Phillies to repair the sound system with a budget
amendment at mid-year; the Commission members agreed.
Commissioner Berfield mentioned automated, sanitary, self-cleaning toilets for the
Beach. Ms. Rice said she was aware of the product, indicating problems with cost, plumbing,
and sand, but she will continue to monitor to see if costs come down.
Mayor Garvey mentioned newspaper boxes blown down as a result of the recent storm
and questioned jf it were time to adopt the Houston newspaper box design. She mentioned
Clearwater Beach in particular and noted the benefits of safety, aesthetics and cost
effectiveness. Mr. Wright expressed concern about possible First Amendment issues. Mayor
Garvey said the problems were where to locate, design and number. Commissioner Fitzgerald
cited Houston as a model. Mr. Wright will undertake this as a project. and asked for Mr.
Galbraith's expertise.
Commissioner Hodges commended Staff for their efforts during the recent storm. She
said she received two calls complimenting the Police Department and the City Manager's
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office. Mr. Wright indicated Ms. Deptula had tried to call everyone. He indicated that he
seized the opportunitY to "pitch" Beach renourishment to Senator Mack yesterday.
Adjourn
The meeting adjourned at 11 :25 a.m.
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