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06/15/1995 (2) '. "I'". . I. , ... .:.:~c.:..".':' . :-. . , " . ,t; , \ ~~":. .,' " ' " ' ," , , ~.. . - . >:"-: l- .. . , ' ':.: . . ' ~ . ~I.; >. . ~",!.-....l't4-"'>~ .'~'.'\~.'.. ,',d.. d '<:;-,f' ,\, ..', ....., '. .i1'....., . . ~.. _. ;. ~ .~ ~,. , c. ': . \,: .... . . ~ . " " ... ';' , .. ' ;'. . ~. :'. : <"... c..1 t' '. .~......;, ........... ............... ...,...".," .. COMMISSION. City Commission Minutes Date June, IS; /9'1 s-' ~:) -f- LjL/0 " ,'> ..' I ..J I, ,', . . " ~ '" '. . .' . . . ~ ~b,\~'.,,: . ~.); .,. " n;~ ~ ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, June 15, 1995 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1 . Invocation 2. Pledge of Allegiance 3, Service Awards 4. Introductions and Awards 5. Presentations a) Airport Authority - Annual Report b) Jim Massie - Report c) Camp, Dresser & McKee - plaque to City d) Mark Abdo - Long Center 6. Approval of Minutes - Regular Meeting 6/1/95 & Special Meetings 4/13/95 (technology planning), 5/30/95 (attorney/client) & 6/13/95 (replace Commissioner) . ~.." \ 7. Citizens to be heard re items not on the I"f'."~ Agenda (maximum of 30 minutes) t..; 6/15/95 1. Deacon Joseph Polcari, St. Cecelia's Catholic Church. 2. Mayor. 3. 1 award presented. 4. Proclamation: Recreation & Parks Month - 7/95 5. a) Report received. b) Report received. cl Plaque to be placed on Pier 60 presented. d) Proposed Budget presented. Mani Costa, Harborview Center Manager distributed brochure and promotional material being used. Reported many events already booked. 6. Approved 4/13, 5/30, & 6/13/95 as submitted; 6/1/95 as corrected by Clerk. 7. Pat Wilson complained re problems related to the soup kitchen. Paul Terranova congratulated Commission on appointment of Bill Justice as replacement for Dallmann. Complained re black refuse barrels & recycling bins being left out. Suggested fine. Gordon Hippner & Bob Moore requested entire project to alleviate drainage problems at landmark & Easland be brought forward. Sheila Cole complained re rental fee at Clearwater Beach Recreation Center. Bob Wriqht expressede concern re property being purchased for Downtown Lake when not officially discussed & approved. It was indicated staff is initiating process, no properties have been purchased. 1 . I ~.~ . . ' '. '" ;. ... ~,I.., I .. < . ,t!..::.:.: ;.'.". < ^' .~ PUBLIC HEARINGS An indivIduals speaking on public hearing items will be sworn-In. Not Before 6:00 P.M. Variance & Rezoning public hearings: Staff states and summarizes reasons for recommendation (2 minutes). Applicant presents case. Witness may be cross-examined (15 minutes). Staff presents further evidence. May be cross~examined (10 minutes). Public comment 13 minutes per speaker). City Commission discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 8. Variance(s) to Sign Regulations for property located at 2737 Enterprise Rd., The Oaks of Northwood Condominium (The Oaks of Northwood Condominium and the Townhomes at Northwood, SV95-281 9. Variance(s) to Sign Regulations for property located at 3060-3080 Eastland Blvd., Imperial Pines Condominium (Imperial Pines Condo Assoc./lmperial Pines Condo, SV95- 27) """"w., ~'\ ( , ........... 8. Approved 24 sq.ft. area variance to allow a freestanding sign 48 sq. ft. In area, and a 4' setback variance to allow a freestanding sign l' from street r-o-w subject to: 1) standard setback condition, 2) existing Oaks of Northwood Condominium sign located in Enterprise Road r-o-w shall be removed, & 3) No freestanding sign shall be permitted on the Townhomes at Northwood property. 9. Approved 34.8 sq. ft. area variance to allow a freestanding sign 58.8 sq. ft. in area, and a 1.7' height variance to allow a sign 7.7' high. Administrative public hearings: Presentation of issues by City staff. Statement of case by applicant or representative (5 minutes). Commission questions. Comments in support and in opposition (3 minutes per speaker). Commission questions. Final rebuttal by applicant or representative (5 minutes). Commission disposition 10. Public Hearing & First Reading Ord. #5859- 95 - Vacating portion of 10' E/W alley lying in Blk 8, Pine Crest Sub., subject to it being retained full width as a drainage & utility easement (littles, V95w061 (EN) 11 . Public Hearing & First Reading Ords. #5842-95, #5843-95 & #5844-95- Annexation, land Use Plan Amendment to Residential Low & RS-8 Zoning for propertY located at 1456 Carolyn Lane, TerrawAlto '-.J 6/15/95 10. Approved. Ord. #5859-95 passed 1st reading. 11. Approved. Ords. #5842-95, #5843-95 & #5844-95 passed 15t reading. 2 . ,.' I' ~ . I~" '. . ,. . ... I t"'l';,;;""'" l'i:.'-,.'~,' ,. . "",...,. . .. . ,.-., " . .I 12. ::) \-"/6/15/95 I <'. 13. Estates, lot 10& abuttlng rwoww (Gimarey, A9S-0a. lUP95-091 Public Hearing & First Reading Ords. #5845-95. #6846-95 & #5847-95. Annexation, Land Use Plan Amendment to Residential low & RS-8 Zoning for property located at 1624 Stevenson Dr.. Stevenson's Heights, Blk A, Lot 21 (McGee, A9S-10. lUP9S- 11) Public Hearing & First Reading Ords. #5848w95, #5849-95 & #5850-95 w Annexation, land Use Plan Amendment to Residential Urban & RS.8 ZonIng for property located at 1761 St. Anthony Dr., Virginia Grove Terrace, Fifth Add., Blk C, lot 4 (Boike, ASS-11, LUP95-12) Public Hearing & First Reading Ords. #5851-95, #5852-95 & #5853-95- Annexation. land Uoc Plan Amendment to Residential Urban & RSw8 Zoning for property located at 1785 Pineland Dr.t Sec. 3-29-15 M&B 43.02 (Williams, A95-09t LUP95-10) Public Hearing & First Reading Ord. #5841- 95 - Amending Ch. 29, relating to occupational licenses; (ra tax structure and appendix A, Fees, Rates & Charges) (Cant. from 6/1/95) Public Hearing & First Reading Ord. #5821-95 - LDCA ra Outdoor cafes and sidewalk vendors (LDCA94-13) (Cant. from 4/6, 5/4 & 6/1/95) Public Hearing - Vacating section of Wood Drive r- o-w, trom Smallwood Circle to Rosemere Road (LeConche, V95-05) (EN) To be Cont. 12. Approved. Ords. #5845-95, #5846-95 & 115847-95 passed 1 st reading. 13. Approved. Ords. #5848-95, #5849-95 & 115850.95 passed 1 st reading. 14. Approved. Ords. #5851-95, #5852-95 & #5853-95 passed 1 st reading. 15. Continued to 7/20/95. 16. Approved. Ord. #5821-95 passed 15t readIng. 17. Continued. Public Hearing - Second Reading Ordinances 18. Ord. #5757w95 adopted. 3 14. 15. 16. 17. 18. (Cont. from 2/16/95) Ord. #5757-95- Granting to GTE Florida Incorporated the permission to occupy municipal streets & rights-at-way in the City, as a means of providing telecommunication services; prescribing terms & conditions accompanying the grant of franchise; and prescribing penalties for the violation of its provisions; providing tor severability of provisions (lA) ~ . '.. ' .1. '. . . ':.' ..'.' fij;'f~:. . :~~... . ,r. . .; ~19. Ord. #5818-95 - Vacating 60' north/south 19. Continued to 7/20195. r-o-w of Carolyn Lane, lying N of Sandy lane, and the 3' utility easement lying along the W side of Lot 1, Blk F, Highland Estates of Clearwater 1 st Addition, subject to: city retaining a 17' drainage & utility easement over westerly side of the vacated r-o-w; a 15' drainage & utility easement along the north side of vacated r-o-w; and applicant providing an easement for relocated water line (Maxwell, V94-15) 20. Ord, #6819-95- Amending Sec. 35.11, to 20. Ord. #5819-95 adopted. revise the definition for congregate care (LDCA95-091 21. Ord. #5823-95 - LDCA re Neon signs & 21. Ord. #5823-95 adopted. lighting (LDCA95-131 22. Ord. #5824-95 - LDCA re illuminated area 22. Ord. #5824-95 adopted. of sign structures (LDCA95-141 23. Ord, #5825-95 - LDCA re size of sign 23. Ord. #5825-95 adopted. structures (LDCA95-15) 24. Ord. #5826-95 - Annexation for property 24. Ord. #5826-95 adopted. located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.l. (Jeffrey & Kolleen Elliott, A95-05) "'''',\25. Ord. #5827-95 - Land Use Plan Amendment 25. Ord. #5827-95 adopted. , , to Residential Low for property located at '---" 1812 Brentwood Dr., lake lela Manor First Addition, Lot 8, 0.36 acres m,o.l. (Jeffrey & Kolleen Elliott, lUP95-06) 26. Ord. #5828-95 - RS-4 Zoning for property 26. Ord. #5828-95 adopted. located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.l. (Jeffrey & Kolleen Elliott, A95.05) 27. Ord. #5829-95- Annexation for property 27. Ord. #5829-95 adopted. located at 3016 Carolina Ave., Bay View City Sub., Blk 5, Lot 8 & abutting alley to N & abutting r-o-w of Carolina Ave., 0.15 acres m.o.l. (Jeffrey & Billie Wilkerson, A9S-06) 28. Ord. #5830-95 - Land Use Plan Amendment 28. Ord. #5830-95 adopted. to Residential Urban for property located at 3016 Carolina Ave., Bay View City Sub., Blk 5, Lot 8 & abutting alley to N & abutting r-o-w of Carolina Ave., 0.15 acres m.o.!. (Jeffrey & Billie Wilkerson, LUP95-07) 29. Ord. #5831-95 - RS-8 Zoning for property 29. Ord. #5831-95 adopted. located at 3016 Carolina Ave., Bay View City Sub., Blk 5, lot 8 & abutting alley to N 106/15/95 4 . . .. \ I. \ .. ,\ ~. ' , ... . }, ~. ':;it,,\: . ',' .;~ ~. , .~ r ' 30. & abutting r-o-w of Carolina Ave., 0.15 acres m.o.1. (Jeffrey & Billie Wilkerson, A9S-06) Ord. #5832-95 - Annexation for property located at 2965 Sunset Point Rd., Sec. 5- 29-16, M&B 14.17, 1.02 acres m.o.!. (Allen, Jr. & Ann McMullen, A95-07) Ord. #5833-95 - land Use Plan Amendment to Residential Low for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17,1.02 acres m.o.!. (Allen, Jr. & Ann McMullen, LUP95-08) Ord. #5834-95 - RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5- 29-16, M&B 14.17, 1.02 acres m.o.l. (Allen, Jr. & Ann McMullen, A95-07) Ord. #5854-95 - Amending the operating budget for FY ending 9/30/95 Ord. #5855-95 - Amending the Capital Improvement Program Report and Budget for FY ending 9/30/95 31. 32. 33. 34. 30. Withdrawn. 31. Withdrawn. 32. Withdrawn. 33. Ord. #5854-95 adopted. 34. Ord. #5855-95 adopted. 35. Special Items of widespread public interest "-'"",, al Accept/Approve'draft report re Memorial '--.......) Causeway Bridge (SR 60) Feasibility Study in order to set the "groundwork" for the Project Development and Environment Study (EN) 35a Staff directed to study further but to concentrate on the Court/Pierce alignment and to look at funding options. 36. - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #37-45) - Approved as submitted less #42. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 37. Purchase of one 1995 Ford CF-8000 truck with a Petersen TBD-2027 system from Atlantic Ford Truck, Apopka, FL, for $71 ,928; financing to be provided under city's master lease-purchase agreement with Barnett Bank of Pinellas County (GS) 38. Purchase of 15 Utility Truck Bodies from Action Fabrication and Truck Equipment, Clearwater, Fl, for a total cost of $42,633 (GS) 39. Contract for custodial services to Tri-Angle Maintenance Services, St. Petersburg, FL, for the period 7/15/95-7/14/96, an an est. $71,357.28 (GS) \ > '..J 6/15/95 5 " . .' . : . ~ .' ," I.. . . . , ~ . ." I I..~ r,,, . . ~~~;.~'1; ,'."-:--". ' " ;;~"':~ .' .' "I.~ r--,40. 41. Purchase double detector check valve assemblies from Davis Meter & Supply. Tampa, FL, for the period 7/22/95-7/21/96, at a total est. $64,455 (PW) Renew contract for sludge hauling & disposal for the WPC Division with Davis Water and Waste Industries, Inc., for the period 8/1/95-7/31/96,for an est. $287,921 (EN) C.O.#1 to 1995 Sidewalk Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $51,047.50for a new total of $240,677.50,and approve a time extension of 30 days (EN) - APPROVED. Contract for demolition of commercial structures at 7 Causeway Blvd. to Phoenix Wrecking Corp., Tampa, FL, for $64,445 (EN) Joint Participation Agreement with FOOT to provide 50% reimbursable funding for the construction of 3 new hangars on Clearwater Airpark (SW) Water Main Easement from sces, Inc. (Builder's Square) (CA) 42. 43. 44. 45. OTRER ITEMS ON CITY MANAGER REPORT 46. (Rescheduled from 6/1/95) Assignment of 46. Approved. Lease from the PGA Tour Associates-I, Ltd. (PGA) to MJM Golf Enterprises. Inc., for the PGA's interest as "Lessee" under Lease dated 11/12/85, between the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA (Lessee) (PR) 47. Sixth Amendment to Clearwater Ferry 47. Approved. Service. Inc. License & Agreement to . '.. provide pedestrian ferry service between i '~,__'r.1 Clearwater Beach & Sand Key while the Clearwater Pass Bridge is closed to vehicular traffic, at an est. $80,000 (MR) 48. Approve Citizen Participation Plan; appoint 48. Approved. certain Clearwater Boards/Citizens to serve or. designated Citizen Task Force Groups for the evaluation and appraisal Report (EAR) and the update of the City's Comprehensive Plan (CPl 49. Other Pending Matters 49. None. CITY ATTORNEY REPORTS 50. First Reading Ordinances a) Ord. #5858-95 - repealing Ord. #3479- 84, concerning solicitation for charitable purposes as codified in Sees. 23.61-23.90, Art. III, Ch. 23 51 . Resolutions a) Res. #95-56 - dissovting the Clearwater Rapid Transit Task Force 50.al Ord. #5858-95 passed 15t reading. 51. a) Res. #95-56 adopted. 06/15/95 6 ... ' '.~ . , . ..', ~.. ",..... " ~l~~';~~:::',;'; c;.\. '. ". '." ..' , , ... . . .-:. ~'':~ ~ ~52. , ....... ... Other City Attorney Items a) Fisherman's Wharf l} Addendum to Contract 2) Attorney-Client Session 52. alll Approved. a)2) Session set for 7/17/95 at 9:00 a.m. 56. Adjournment 53. City Manager requested and Commission approved administrative setting of TRIM millage rate and canceling the 7/1 2/95 meeting if the City Manager recommends current millage rate. City Manager expressed get well wishes to Assistant City Manager Bill Baker. City Manager thanked C View staff for its performance in getting the visual aids used in tonight's meeting on air. 54. None. 55. Berfield thanked Jackie Henegar for her positive letter re the Downtown Plan. 56. 12:10 a.m. (6/16/95) 53. City Manager Verbal Reports 54. Commission Discussion Items 55. Other Commission Action " ;, 'I \:: '-- .' 6/15/95 7 , , ~.' .' . " . . . . "r' 'I' ... ". .'.; .. ~F,:'" '. , ~ CITY COMMISSION MEETING June 15, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 15. 1995 at 6:01 p.m., with the following members present: Rita Garvey Sue A. Barfield Fred A. Thomas J. B. Johnson Mayor/Commissioner Vi cs-Mayor /Commissioner Commissioner Commissioner Also present: Elizabeth M. Deptula Kathy S. Rice Pamela K. Akin Sandra Glatthorn Rich Baier Cynthia E. Goudeau Patricia Sullivan City Manager Deputy City Manager City Attorney Central Permitting Manager City Engineer City Clerk Board Reporter The Mayor called the meeting to order. The invocation was offered by Deacon """', Joseph Polcari of St. Cecella's Catholic Church. The Mayor led the Pledge of Allegiance. . I >-..-;' In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service A wards One service award was presented to a City employee. ITEM #4 - Introductions and Awards Proclamations: Recreation and Parks Month - July 1995 ITEM #5 - Presentations a) Airport Authority - Annual Report Marvin Guthrie, Chair, presented the Airport Authority's Annual Report. Security fencing and enclosed hangers have been improved and the grounds have been re~ landscaped and regraded. Rules and regulations were redrafted and Bre up to date. Specifications for runway lights have been established. Mr. Guthrie said the Authority addressed fire safety issues and night flying, which is not allowed. Emphasis has been placed on neighborhood relations. He said construction plans for new hangers are nearly developed and should allow for increased revenues. He indicated tenant leases are being , --./' mincc06b.95 1 06/15/95 . ..' '. . . . ,.' . . , I I ~ '< .' ~. , . + ., > ~~.,. ~, '.1 , c~ l~ revised. Mr. Guthrie said the Airpark is trying to conform to the Master Plan approved by the City Commission. The Mayor thanked Mr. Guthrie and the Airport Authority for their service to the City. b) Jim Massie - Report Jim Massie distributed a legislative report. He indicated some legislation passed this year will make it difficult for cities to function effectively and efficiently. One-third of the bills passed dealt with crime and/or prisons. The budget is a major focus. He said the trend is fewer revenue sources for the state. He predicted the money crunch will increase and the City cannot count on any increased State funding for programs. The Governor has not acted on the telecommunications legislation, another major priority. Mr. Massie said legislation was passed that will permit ex-parte communication by Commissioners. Public officials will be permitted to meet with constituents and discuss pending items. Commissioners will be responsible for reporting these discussions into the record before final action on the matter is taken. . <-", ',"--) Mr. Massie said legislation regarding PSTA, the annexation of enclaves, the codification of impact fee standards, business damages and eminent domain legislation failed. Property rights legislation did pass and states any time a government takes an action that inordinately impacts a private property owner, compensation may be due the property owner from the government. . With respect to disability presumption, legislation considers firefighters and police officers who contract certain diseases such as tuberculosis or meningitis do so in the line of duty. Effective today, State laws regarding mangrove preservation supersede local regulations regarding mangrove protection. Property owners will be permitted to trim. but not defoliate or alter their mangroves. Enforcement can be delegated to local authority. All local ordinances regarding mangrove protection must be repealed within 1 80 days. All appropriations granted Pinellas County are listed in the report. Mr. Massie expected special sessions will be scheduled to address budget vetoes, education, Medicaid waivers and some economic programs. He said the major issue will be the budget and predicted programs will be cut. He anticipated the major issue affecting Clearwater next year will be water. Mr. Massie thanked staff for providing him information. He extended special thanks to Betty Deptula, Kathy Rice, Karen Dombrowski, Pam Akin and Bob Brumback. Harborview Center Mani Costa, General Manager, said the marketing plan is on target. The brochures and sales kits are ready. He distributed samples to the City Commission. He reported ''t............... mincc06b.95 2 06/15/95 '. .. . . '. , . /. . 'r::"'~' l . , ,.,~.i. (~ advertisements were placed two weeks ago. He stated 13 exhibit shows and 18 food functions have been booked. Mr. Costa anticipated the Center will open by January 15, 1996 and noted one event is booked for January 13. 1996, c) Camp, Dresser & McKee - plaque to City Joe Hickle, Camp Dresser & McKee, consulting engineer for the Pier 60 project, read and presented a plaque to the City to display on the pier to provide proper testament of the project. The City Manager recognized the efforts of Engineering Project Coordinator Gary Johnson and City Engineer Rich Baier. d) Mark Abdo - Long Center Mr. Abdo reported the Fiscal Year (FY) 1995/96 budget for the Long Center is balanced. He read the Center's Mission Statement and reviewed their goals. This year, the Center will try to add staff and enhance and improve the facility. Next year's goals will focus on marketing. He said the $799,000 budget contains the same mix as last year. Operating expenses have been reduced by 5 % and the Long Center Foundation has increased contributions. Programs began last year have been continued. He estimated an agreement reached with Clearwater Gas System wiil reduce utility costs by 20%. To reach a balanced budget, hits were taken in marketing. community relations and volunteer programs. Also. the budget includes no salary increases. I ..- Mr. Abdo said the sinking fund is needed to meet minimum service levels and repairs. He proposed reducing the access threshold to $2,000. He noted the building is five years old and requires repair and the replacement of some items. He said the sinking runc! !5 evaluated every three years. He reportAd the real impact of the sinking fund is $220.000. Based on use. Clearwater's share is $196,000 or 89%. He said the Center is willing to give the City the $57.000 balance in the sinking fund, if Clearwater holds it in a restricted fund. ...-...... Mr. Abdo presented slides of .areas within the facility needing repair. He indicated private donations have allowed some repairs. Additional expenditures proposed total $76,500 and include two lifeguards and building repairs. The Mayor questioned if this item will be brought forward at a later date. The City Manager indicated it would. ITEM #6 - Approval of Minutes Commissioner Barfield moved to approve the minutes of the special meeting of April 13, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded. Commissioners Berfield and Johnson and Mayor Garvey voted "Aye." Commissioner Thomas abstained, noting he had not attended the meeting. Motion carried. \..) mincc06b.95 3 06/15/95 . r .' . . . , , . ...., , ,. , ,~ Commissioner Berfield moved to approve the minutes of the special meeting of May 30, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was dulV seconded and carried unanimously. Commissioner Johnson moved to approve the minutes of the special meeting of June 13, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the minutes of the regular meeting of June 1, 1995. as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Pat Wilson, a resident living near the St. Vincent DePaul Soup Kitchen, complained regarding problems related to transients attracted to that facility. She noted recently a homeless person knocked on her door at 2:00 a.m. requesting money. Ms. Wilson indicated since she spoke with soup kitchen management, things have improved. The Mayor indicated the City will continue to work on this issue. Paul Terranova congratulated the Commission on the appointment of BlII Justice as the replacement for Michael Dallmann's Commission seat. He complained the black refuse barrels and recycling bins are unsightly and are left out too long. He suggested imposing a fine to encourage people to return them to their yards more promptly. . ',") ..... Gordon Hiooner & Bob Moore requested the entire project to alleviate drainage problems at the intersection of Landmark Drive & Eastland Boulevard be brought forward. The City Engineer stated the change order to the project to be considered tonight is the outcome of two workshops. A request was made for staff to notify residents when the commission addresses this area again. Sheila Cole complained the rental fee charged for the Clearwater Beach Recreation Center is too high. Bob Wriaht expressed concern that property might be purchased for the proposed Downtown Lake before the project is officially discussed and approved. It was indicated staff is initiating the process and no properties have been purchased. Mr. Wright noted the charter provides public hearings are to be held for non-budgeted or emergency items. PUBLIC HEARINGS ITEM #8 - Variance{s) to Sian Reaulations for prooertv located at 2737 Enterprise Rd., The Oaks of Northwood Condominium (The Oaks of Northwood Condominium and the Townhomes at Northwood, SV95-28) The applicant is requesting: 1) an area variance of 24 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 48 square feet and 2) a setback variance of four feet from the required five feet to allow a freestanding sign one y mincc06b.95 4 06/15/95 :~r" l ~ -'" foot from the street right-of-way. The subject property, on the south side of Enterprise Road, is approximately one-half mile east of US 19N and is zoned Residential Planned Development 11. The variance is requested to permit replacement of the existing freestanding sign. The Oaks of Northwood, a three-story condominium, has approximately 300 feet of frontage on Enterprise Road. The two-story Townhomes at Northwood are under construction south of the condominium development, approximately 400 feet from Enterprise Road. The Townhomes at Northwood have only 18 feet of frontage on Enterprise Road and the two developments share an entry drive to Enterprise Road located on the common lot line. The Oaks of Northwood owns the west portion of the entry drive and the land lying to the west; The Townhomes of Northwood owns the east portion of the entry drive and an eight-foot wide swath of land lying to the east. A sign in the Enterprise Road right-of-way west of the entry drive, identifies the Oaks of Northwood Condominiums. The Townhomes at Northwood only have a temporary construction sign on private property east of the entry drive. The variance application proposes one freestanding sign for the two developments to be located on private property on the west side of the entry drive. Area and setback variances are requested for the proposed sign. The 48 square foot area is double the code allowance. and the proposed setback is one foot. rather than the required five feet. According to the sign code, a 24 square foot sign eQuId be placed on each property and a 24 square foot sign could be erected on each side of the entry drive. The use of .. " dual signs may promote confusion since only one entry drive access the two ."""....1 developments. Another entry drive, 80 feet to the east, serves another residential development. Staff feels the public would be best served by granting the area variance and allowing the two signs to be combined. At this property, Enterprise Road makes an "eyebrow" curve to the north while the south line of the right-of~way maintains a straight line. Enterprise Road curves away from the north line of these developments. The road pavement is approximately 40 feet from the north property line. This condition diminishes the sign's visibility and supports approval of the requested setback variance. Ralph Ouartetti, representative for the applicant, verified photographs of the property presented him by Senior Planner John Richter. He expressed concern people trying to find the entrance would obstruct traffic on Enterprise Road if signage is not adequate. Commissioner Thomas questioned if the calculations for the variances are based on the current ordinance or Ordinance #5825-95 to be addressed on second reading tonight in Item #23. Mr. Richter stated the calculations are based on the current ordinance. Mr. Richter reported the sign would be consistent with the new ordinance. Commissioner Berfield moved to approve: 1) an area variance of 24 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 48 square feet and 2) a setback variance of four feet from the required five feet to allow a \ -.......J mincc06b.95 5 06/15/95 , , , . ~" . . , , . ... .' ~ (,:.' , ~: :.~ ~ ,--... freestanding sign one foot from the street right-of-way. on property identified as the Oaks of Northwood Condominium for meeting Sec. 45.24 Standards for Approval, items (1 H4L subject to the following conditions: a) the existing Oaks of Northwood Condominium sign located in the Enterprise Road right-at-way shall be removed; b) no freestanding sign shall be permitted on the Townhomes at Northwood property; and c) by constructing a sign 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. The motion was duly seconded and carried unanimously. ITEM #9 - Variance(s) to SiQn Regulations for prooertv located at 3060-3080 Eastland Blvd., Imperial Pines Condominium (Imperial Pines Condo Assoc./lmperial Pines Condo, SV95-27) The applicant is requesting: 1) an area variance ot 34.8 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 58.8 square feet and 2) a height variance of 1.7 feet from the permitted 6 feet to allow a sign 7.7 feet high. The subject property, on the northwest corner of McMullen~Booth Road and Eastland Boulevard, is zoned Multiple Family Residential 24. The variance is requested to permit the existing freestanding sign to remain. . ") "..t\".....' The Imperial Pines freestanding sign is 28 feet from the McMullen-Booth Road right- of-way and 58 feet from the Eastland Boulevard right-of-way. The sigh, constructed of concrete blocks, duplicates the appearance of the wall enclosing the condominiums. The 58 square foot area is approximately one and a half times greater than the 24-square feet permitted in the code allowance and the 7.7 foot height is 28% greater than the 6 teet allowed. Present conditions diminish the sign's visibility. The sign is positioned further from the right-of-way than the five feet required by code and it is oriented to a road that is uncharacteristically wide for abutting residential development. The sign has to compete with nearby commercial signs that are considerably larger and higher. Lewis Selby, representative for the applicant, verified photographs of the property presented him by Mr. Richter. Mr. Selby read and presented a petition from condominium owners supporting the variance. He indicated the sign is attractive and enhances the area. He noted many residents are more than 70 years old and the sign provides a landmark for emergency vehicles. Mr. Selby expressed concern its removal would cause confusion as the sign has been on the property a long time. He said the condominium would not gain commercially by retaining the sign. Michael Brundy said the sign is important to the condominium. Visibility of the sign is diminished due to its distance from the road and nearby commercial signage. He felt the sign is in harmony with the code. Commissioner Thomas said his calculations indicate this sign would not be permitted under Ordinance #5825~95. Mr. Richter agreed the sign will not comport with the proposed ordinance. He noted signs that predate the ordinance will not be required to '~ mincc06b.95 6 06/15/95 . '. ., . . ~ ." '. '. ~'. , .. ~~~~. [ ,,, ,..-- conform. Commissioner Thomas noted he was not present for first reading of Ordinance #5825.95. He expressed concern the new ordinance would adversely affect architectural signs. Commissioner Thomas moved to approve: 1) an area variance of 34.8 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 58.8 square feet and 2) a height variance of 1.7 feet from the permitted 6 teet to allow a sign 7.7 feet high, on property identified as Imperial Pines Condominium, for meeting Sec. 45.24 Standards for Approval, items (1 H41. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearino & First Reading Ord. #5859-95. Vacating portion of 10. E/W alley lying in Blk. 8, Pine Crest Sub., subject to it being retained full width as a drainage & utility easement (Littles, V95~06) (EN) The applicant ;s requesting to vacate a 1 Q-foot east/west alley lying south of Lot 13, Block 8, Pine Crest Subdivision. The applicant would like to fence her portion of the , vacated alley to eliminate pedestrian traffic through her backyard. The alley vacation will take this land off the City records and become taxable property. The City has no utilities within this unpaved alley and it is not used for vehicular traffic or parking. <:) Engineering Services has no objection provided all of the east/west alley in this block is vacated simultaneously and retained full width as a drainage and utility easement. All other departments concerned with vacations have no objections. Florida Power has no objection provided an easement is retained. Other public utilities have no objection to the request. The City Engineer recommends the vacation. Commissioner Johnson moved to approve the vacation of the 1 O~foot East/West alley lying in Block 8, Pine Crest Subdivision subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5859-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5859-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #1 1 . Public Hearina & First Readino Ords. #5842-95. #5843-95 & #5844w95- Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1456 Carolyn Lane, Terra-Alto Estates, Lot 10 & abutting r-o-w (Gimarey, A95~ 08, LUP95-09) 1 V mincc06b.95 7 06/15/95 ,. .' j , ~ . . . . '. '. . .., . . . .~~i'.::.. . I." . ;~ The subject property, on the north side of Carolyn Lane, is approximately 520 feet west of Highland Avenue and 1,530 feet south of Sunset Point Road. The applicant wishes to annex to obtain City sewer service. The subdivision has mixed Future Land Use Classifications. Lots in the County are classified Residential Low and lots in the City are classified Residential Urban. Subdivision lots in the City are zoned Single-Family Residential '.Eight." It is proposed to assign the subject property a Future Land Use Classification of Residential Low and zoning of Single~ Family ResidentiaIIlEight." The portion of Carolyn Lane abutting the property is in the County and it is proposed to annex this right-of-way with the subject property. On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Thomas moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 1 0, Terra-Alto Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5842-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5842-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": 8erfield, Thomas, Johnson and Garvey. -'~ ". "" .......~~... "Nays": None. The City Attorney presented Ordinance #5843-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5843-95 on first reading. The motion was duly seconded and upon roll call, the vote was: to Ayes": Bertield, Thomas, Johnson and Garvey. "Nays": None. The City Attorney presented Ordinance #5844-95 for first reading and read it by title only. Commissioner Barfield moved to pass Ordinance #5844-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": 8erfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #12 - Public Hearin~ & First Reading Ords. #5845-95, #5846-95 & #5847-95- Annexation, Land Use Plan Amendment to Residential Low & RS-B Zoning for property located at 1524 Stevenson Dr., Stevenson's Heights, Blk. A, Lot 21 (McGee, A95~1 0, LUP95-11 ) , \~ mincc06b.95 B 06/15/95 , - . , . .; " .. \ I .', '~ '. ~:~/:' ,~ The subject property, approximately 450 feet west of Betty Lane, is on the north side of Stevenson Creek. The applicants have City sewer service but wish to be part of the City and receive City solid waste service. Most of the subdivision is in the County. Most of the lot has a Countywide Future Land Use Classification of Residential Low. A sliver of land on the river side of the property {river bank) may have a Future land Use Classification of Preservation. It is proposed to assign a Future Land Use Classification of Residential Low to the applicants' property. The City's Land Development Code requires a setback from river banks and wetlands, and provides protection for the river bank and the wetlands below. Lots in Stevenson's Heights are developed with narrow side setbacks. This type of development best fits into the City's Single-Family Residential "Eight" zoning district, and it is proposed to assign this zoning to the applicants' property. The right-of-way of Stevenson Drive is in the County, and the Engineering Department recommends not to annex the abutting right~of-way. On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed anne,...at:on. Commissioner Thomas moved to approve the Petition for Annexation, Future land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 21, Block A, Stevenson's Heights. The motion was duly seconded and carried unanimously. " ..........,\ '.,...""1 The City Attorney presented Ordinance #5845-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5845-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. The City Attorney presented Ordinance #5846-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5846-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": 8erfield, Thomas, Johnson and Garvey. "Nays": None. The City Attorney presented Ordinance #5847-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5847-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield. Thomas, Johnson and Garvey. "Nays": None. . ............' mincc06b.95 9 06/1 5/95 1~~. ..: : ,(, ,..-...., ITEM #13 - Public HearinQ & First ReadinQ Ords. #5848.95. #5849-95 & #5850-95. Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 1761 St. Anthony Dr., Virginia Grove Terrace, Fifth Add., Blk. C, Lot 4 (Boike, A95-11, LUP95-12) The subject property, on the east side of Anthony Drive, is approximately 900 feet north of SR 590 and a half mile east of US 19N. The applicant wishes to annex to obtain City sewer service. This is a developed, single family residential area with a Countywide Future Land Use Classification of Residential Urban. Most of the immediate area is in the City and is zoned Single-Family Residential IOEight.1O It is proposed to assign the subject property the land use classification, Residential Urban, and the zoning, Single-Family Residential "Eight.'. The abutting street right-of-way is already in the City. On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Berfield moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 4, Block C, Virginia Grove Terrace, Fifth Addition. The motion was duly seconded and carried unanimously. <.:) The City Attorney presented Ordinance #5848-95 for first reading and read it by title only. Commissioner Tllomas moved to pass Ordinance #5848-95 on first reading. The motion was duly seconded and upon roll call. the vote was: II Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. The City Attorney presented Ordinance 1/5849-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5849-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas. Johnson and Garvey. "Naysn: None. The City Attorney presented Ordinance #5850-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance 1f5850~95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield. Thomas. Johnson and Garvey. "Nays": None. .-/ mincc06b.95 10 06/15/95 ~~~;"'::"' :" H "r ~ ITEM #14 - Public Hearino & First Reading Ords. #5851-95. #5852-95 & #5853-95- Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 1785 Pineland Dr., Sec. 3-29-15 M&B 43.02 (Williams, A9S-09, LUP95-10) The subject pioperty, on the east side of Pineland Drive, is approximately 370 feet north of Overbrook Avenue and 570 feet west of Betty Lane. The applicants wish to annex to obtain City sewer service. Property east and south of the applicants is in the City and is zoned Single-Family Residential "Eight." The Clear Bay Terrace Apartments, directly north, are also in the City. It is proposeq to assign the subject property the Future Land Use Classification of Residential Urban and zoning of Single-Family Residential "Eight." On May 16, 1995, the Planning & Zonil)9 Board unanimously endorsed the proposed annexation. I Commissioner Berfield moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Part of Sec. 3-29-15, M&B 43/02. The motion was duly seconded and carried unanimously. ('~~\ "...~~J The City Attorney presented Ordinance #5851-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5851-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey., "Nays": None. The Deputy City Manager presented Ordinance #5852-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5852~95 on first reading. The motion was duly seconded and upon roll call, the vote was: "A yes": Berfield, Thomas, Johnson and Garvey. "Nays": None. The Deputy City Manager presented Ordinance #5853-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5853-95 on first reading. The motion was duly seconded and upon roll call, the vote was: t1Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. 'J mincc06b.95 1 1 06/15/95 ~ " , . .' + " I I' ~ I.,' " . " ~ ~ ~ "--. ITEM #15 - Public Hearing & First Reading Ord. #5841-95 - Amending Ch. 29; relating to occupational licenses; (re tax structure and appendix A, Fees; Rates & Charges) The City Manager requested this item be continued. Commissioner Thomas moved to continue this item until July 20, 1995.' The motion was duly seconded and carried unanimously. ITEM #16 - (Cont'd from 06/01 /95) Public Hearimt & First Readimt Ord. #5821-95 ~ LDCA re outdoor cafes and sidewalk vendors (LDCA94.13) This ordinance allows as an accessory use to restaurants, outdoor cafes that could be located on private property immediately adjacent to the street on Clearwater beach in the Beach Commercial and Resort Commercial districts, in the North Greenwood Commercial district, the Commercial Center district and the Urban Center district and in the pedestrian areas of shoppir:J9 centers and pedestrian malls in each of the above districts as well as the General Commercial and Highway Commercial districts. This proximity will allow additional business opportunities while promoting pedestrian-level interest. .~-~...~, "--) Sidewalk vendors would be allowed only in public park areas or immediately adjacent to public parks in the Urban Center district (downtown). Requirements, similar to those for outdoor cafes, are provided for sidewalk vendors to ensure safety and adequate pedestrian access. besides protecting surrounding property owners and the public from litter; noise and other potential problems. The IImarketing plan" for sidewalk vendors has been distributed and includes guidelines used by the Community Redevelopment Director to allow the establishment of vendors in a way that meets City 90als. Commissioner Johnson moved to approve the Land Development Code Amendment establishing requirements for outdoor cafes and sidewalk vendors. The motion was duly seconded. Commissioner BerfieJd referred to page 4 of the ordinance and noted vendors will be licensed through the discretion of the staff. She questioned if any guidelines had been established. The City Attorney said guidelines were previously attached. The Mayor questioned if the hours of operation listed in the rules and ordinance were consistent and if a requirement to set up before rush times was established. The City Manager indicated they were. Upon the vote being taken, the motion carried unanimously. The Deputy City Manager presented Ordinance #5821.95 for first reading and read it by title only. Commissioner Barfield moved to pass Ordinance 1t5821.95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas. Johnson and Garvey. '-' mincc06b.95 12 06/15/95 . ' '. ~ '.' , ." . . I. ' . ~ . . '.. ~t!-:.:,' ~,: ' '~;' . , . ~ t: .1"""""\ "Nays": None. ITEM #17 - <Cont'd from 04/06.05/04 & 06/01/95) Public Hearing - Vacatina section of Wood Drive r-o-w, from Smallwood Circle to Rosemere Road (LeConche, V95-05) (EN) The City Manager requested this item be continued. Commissioner Thomas moved to continue this item to a date uncertain. The motion was duly seconded and carried unanimously. Public Hearina - Second Readino Ordinances ITEM #18 - (Cont'd from 02/16/95) Ord. #5757-95- Granting to GTE Florida Incorporated the permission to occupy municipal streets & rights-of.WHY in the City, as a means of providing telecommunication services; prescribing terms & conditions accompanying the grant of franchise; and prescribing penalties for the violation of its provisions; providing for severability of provisions (IA) The City Attorney presented Ordinance #5757-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5757.95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. ': .~~') (~",,l.fl "Nays": None. ITEM 1/19 - Ord. #5818-95 - Vacating 60' north/south r-o-w of Carolyn Lane, lying N of Sandy Lane, and the 3' utility easement lying along the W side of Lot 1, Blk. F, Highland Estates of Clearwater 1 st Addition, subject to City retaining a 17' drainage & utility easement over westerly side of the vacated r-o-w; a 15' drainage & utility easement along the north side of vacated r-o-w; and applicant providing an easement for relocated water line (Maxwell, V94-15) The City Manager indicated the applicant has requested this item be continued. Commissioner Berfield moved to continue this item until July 20, 1995. The motion was duly seconded and carried unanimously. ITEM #20 - Ord. #5819-95. Amending Sec. 35.11, to revise the definition for congregate care (LDCA95.09) The Deputy City Manager presented Ordinance #5819-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5819- 95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: ... ,~ mincc06b.95 13 06/1 5/95 . '. ~. .;. , ~ .', . , . l"~~;":l'" :" .' ~IF',I." ",'". . }'O., <" . ',.' '. .' ~.I.'-:~ r~ j tt Ayes"~ Berfield, Thomas, Johnson and Garvey. "Nays": None. The Commission recessed from 8:00 to 8: 12 p.m. ITEM #21 - Ord. #5823~95- LDCA re Neon signs & lighting (LDCA95-13) The Deputy City Manager presented Ordinance #5832-95 for second reading and read it by title only. Commissioner Thomas requested the ordinance be redrafted because the language is too broad. He said light is an art form and many beautiful things can be created using that medium. He expressed concern the City is only allowing neon as edging to windows and buildings. He did not think the City should stifle creativity in this art form. Commissioner Thomas noted fiber optic lighting also needs to be addressed. The Mayor said many uses of neon are not positive and can destroy aesthetics. She recommended passing the ordinance limiting how neon is used. Commissioner Johnson questioned if the ordinance covers fiber optics, incandescent and other lighting sources. The City Attorney it did. , ~\;;'" ~~;., In response to a question, the City Attorney indicated other lighting is included in the definition. Commissioner Johnson moved to pass and adopt Ordinance #5823-95 on second and final reading. The motion was duly seconded and upon ro\l call, the vote was: II Ayes": Berfield, Johnson and Garvey. "Nays": Thomas. Motion carried. ITEM #22 - Ord. #5824-95 - LDCA re illuminated area of sign structures (LDCA95-14) The Deputy City Manager presented Ordinance #5824-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5824-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ~ mincc06b.95 14 06/15/95 . ~ .... ,. If', ' '. '. , ... . >~"'i ' 'j1]"" . ~'-'X. ~ , ! ITEM #23 - Ord. #5825-95 - LDCA ra size of sign structures (lDCA95-15) Commissioner Thomas expressed concern this ordinance was too limiting. He noted many beautiful structures can be built to support small signs. The Mayor noted the objective of the ordinance is to limit the size of the structure. She supported regulating the size of structures. The Deputy City Manager presented Ordinance #5825-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5825-95 on second and finfJl reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Johnson and Garvey. "Nays": Thomas. Motion carried. ITEM #24- Ord. #5826-95- Annexation for property located at 1812 Brentwood Dr., lake lela Manor First Addition, Lot 8, 0.36 acres m.o.1. (Jeffrey & Kolleen Elliott, A9S-05) .~'""-.. \ I ....,_..r The Deputy City Manager presented Ordinance #5826-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5826- 95 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Barfield. Thomas, Johnson and Garvey. "Nays": None. ITEM 1f25 - Ord. #5827-95 - land Use Plan Amendment to Residential Low for property located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.l. (Jeffrey & Kolleen Elliott, lUP95-06) The Deputy City Manager presented Ordinance 1f5827-95 for second reading and read it by title only. Commissioner Barfield moved to pass and adopt Ordinance #5827-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: 11 Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ..J mincc06b.95 15 06/1 5/95 . ,.,.. . ' " I .' , ."., .,'.. , . l U.{''': '~. " .. ' ,~ I , ITEM #26 - Ord. #5828-95 - RS-4 Zoning for property located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.l. (Jeffrey & Kolleen Elliott, A95-05) The Deputy City Manager presented Ordinance #5828.95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5828-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayestt; Barfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #27 - Ord. #5829-95- Annexation for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, Lot 8 & abutting alley to N & abutting r.o-w of Carolina Ave., 0.15 acres m.o.!. (Jeffrey & Billie Wilkerson, A95-06) The Deputy City Manager presented Ordinance #5829-95 for second reading and read it by title only. Commissioner Barfield moved to pass and adopt Ordinance #5829.95 on second and final reading. The motion was duly seconded and upon roll call, the vota was: "Ayes"; Berfield, Thomas, Johnson and Garvey. --~c... "Naystt: None. ',-/ ITEM #28. Ord. #5830-95 - Land Use Plan Amendment to Residential Urban for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, Lot 8 & abutting alley to N & abutting r-o-w of Carolina Ave., 0.15 acres m.o.1. (Jeffrey & Billie Wilkerson, LUP95-07) The Deputy City Manager presented Ordinance 115830-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5830- 95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayesll: Barfield, Thomas, Johnson and Garvey. "Nays": None. ITEM 1129 - Ord. #5831-95 - RS-8 Zoning for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, lot 8 & abutting alley to N & abutting r-o-w of Carolina Ave., 0.15 acres m.o.!. (Jeffrey & Billie Wilkerson, A95-06) The Deputy City Manager presanted Ordinance #5831-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5831 ~95 on second and final reading. The motion was dulV seconded and upon roll call, the vote was: ... mincc06b.95 16 06/15/95 ~f\('}~, ' ,,,..., ,t Ayes": Berfield, Thomas, .Johnson and Garvey. "Nays": None. ITEM #30 - Ord. #5832-95 - Annexation for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. (Allen, Jr. & Ann McMullen. A95-07) AND ITEM #31 - Ord. #5833-95 - Land Use Plan Amendment to Residential Low for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. (Allen, Jr. & Ann McMullen. LUP95-081 AND ITEM #32 - Ord. #5834-95 - RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. (Allen, Jr. & Ann McMullen, A95-07l The City Manager indicated the name of the road identified in Ordinances #5832- 95, #5833-95 and #5834-95 is Abbey Lake Road, not Abbey Lane Road. The City Attorney said these ordinances will require new first readings and re-advertising. Commissioner Thomas moved to withdraw Items #30, #31 and #32. The motion "'-'" was duly seconded and carried unanimously. , '-./ ITEM #33 - Ord. #5854-95- Amending the Operating Budget for FY ending 09/30/95 The Deputy City Manager presented Ordinance 1t5 854-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5854-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: nAyes"; Barfield, Thomas, Johnson and Garvey. "Naysl1: None. ITEM #34 - Ord. #5855-95 - Amending the Capital Improvement Program and Budget for FY ending 09/30/95 The Deputy City Manager presented Ordinance #5855-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5855-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nayslt: None. ..........--'. mincc06b.95 17 06/15/95 . . .' . . \ I . . I J' .. . . ~ . " ~ +~'. ~t',. " .~ I .' ITEM 1/35 ~ Soecial Items of widesoread oublic interest a) Memorial Causeway Bridge (SR 60) Feasibility Study (EN) The City Commission directed staff to initiate a preliminary design of a replacement for the current Memorial Causeway Bridge due to the bridge's antiquated laneage and bascule design and economic impacts that lead to the functional obsolescence of this bridge structure. The preliminary design commenced when the City contracted HDR Engineering, Inc. to aid in the selection of feasible corridor alignments and the evaluation of bridge types. This report is the result of two public workshops, meetings with the Florida Department of Transportation, CRA and Metropolitan Planning Organization, data collection, planning and design. The purpose of the Memorial Causeway Bridge Feasibility Study is to present HDR Engineer's findings concerning the feasibillty and cost of replacing the Memorial Causeway (SA 60) Bridge west of downtown. The four-lane divided. Memorial Causeway is the primary link between Clearwater's mainland and beach/lsland Estates. A study was conducted to determine the feasibility of replacing the existing bascule bridge with a higher bascute or a high-level fixed-span bridge. The study area is bounded by Drew Street on the north, Chestnut Street on the south, Ft. Harrison Street on the east and Island Way on the west. The study was funded by the City. The Florida Department of Transportation (FOOT) retained an oversight role because the existing Statewmaintained ,bridge is located on SR 60. rill. .. ~ , T Jt1"'O~.!I The three corridors studied included tie-ins to Drew Street, Cleveland Street and Pierce Boulevard. In addition, combinations of the three primary corridors were considered with four~ and six-lane bridge alternatives. The objective is to provide a safe, cost- effective bridge that is aesthetically compatible with downtown and Clearwater beach, utilizing public input to the greatest extent possible. City Engineer Rich Baier reported two well-attended workshops were held as part of the study. Strong public participation requested limited impact on the causeway. Over the intracoastal waterway, the bridge would reach a minimum height of 65 feet. Mr. Baier presented pictures of the view from Pierce 1 OO's pool deck. A Drew Street or Pierce Streot alternative is preferred. Mr. Baier said to develop preferred alignments, the alternatives were scrutinized in relation to an evaluation matrix that examines potential impacts to the environment; rights- of-way; aesthetics; potential Section 4(f) sites; traffic flow; socioeconomics; and estimated costs. Section 4(f) sites are properties designated by the federal or State government and used for parks, wildlife sanctuaries and refuges, and cemeteries. These properties are considered sacred and are difficult to develop. Not all factors in the evaluation matrix are equally weighted. He reviewed a typical section of the bridge and noted the five-foot sidewalks would be enlarged to 1 Q-feet due to pedestrian demand. '- ' .....- mincc06b.95 18 06/1 5/95 " , I""" - 'I ~t~~(1.. !. J~. <. '~:~', . ;~ Mr. Baier noted traffic analysis indi cated bottle necks for all alignments would occur at Ft. Harrison Avenue. Traffic flow functions best using the Court Street/Chestnut Street pairs. Immediate improvements would be required for the Drew Street corridor east of Highland at an estimated cost of $9.million, Mr. Baier noted a major consideration was the movement of cars from the Courtney Campbell Causeway to Clearwater beach. If an alignment other than Gulf-to-Bay Boulevard is used, traffic will need to be diverted and condemnation will be needed. Gulf-to-Bay businesses are dependent on heavy traffic flow while Drew Street merchants operate as destination oriented businesses. He said the Commission needs to be mindful of this when detouring traffic. Mr. Baier said staff and HDR tried to balance the large number of public comments and concerns. The Drew Street corridor would require the placement of a wall off one end of Coachman Park. All Section 4(f) sites must be approved by the FDOT. The Drew Street corridor also impacts several marshes and wetlands. Mr. Baier said the Pierce Boulevard corridor would require a correction to the road's alignment at the top of the bluff. He noted aesthetic concerns expressed by residents of Pierce 100. He indicated the State would probably approve the corridor. He indicated the new Community Redevelopment Agency's (eRA) plan for downtown is being considered. ..J...Y""'- , , . \........,.,.... Mr. Baier introduced Larry Weatherby and Bill Wadsworth of HDR Engineering. Mr. Weatherby predicted traffic will increase by 12% before 2020. Pedestrian traffic is also significant. Mr. Weatherby noted bridge openings, averaging between four and five minutes each, peak at mid.day and are highest on weekends. Motorists are also' delayed by malfunctions. Mr. Weatherby indicated the existing bridge is not functionally deficient. A fixed span's annual operating and maintenance costs would be 90% lower. Safety factors concerning the current bridge include a lack of shoulders, narrow sidewalks, dependability and a slippery grate when wet. He said the Metropolitan Planning Organization's (MPO) plan favored six lanes. A six-lane road would be more expensive and would result in greater impacts. Mr. Weatherby reported a mid level bascule bridge was studied by HDR. Traffic and aesthetic impacts would be similar to those of a high level bridge and would not result in much savings. He reviewed the six lane alternatives: 1) PGA - Bridge spans Pierce Street to facilitate Pierce 100 access. Vertical profile similar to P4A. No relocation of navigational channel. Approximate cost $26,580,000; 2) D2C2P2 - Multiple structures and ramps: Middle ramp connects to Cleveland Street, one lane in each direction; two-lane westbound bridge from Drew Street; and two-lane eastbound-to-southbound ramp onto Pierce Boulevard. Relocation of navigational channel approximately 206 feet. Approximate cost $35.976,000; 3) 0363 - Two separate bridge structures: three lanes westbound to Drew Street and three lanes eastbound to Cleveland Street. Drew and Cleveland Streets would be one-way pairs (three lanes each direction). On-street parking on at least one side of Cleveland Street would be removed. Relocation of navigational channel approximately 325 feet. Approximate cost $30,620,000. .-./ mincc06b.95 19 06/15/95 . , . , , " .. ." , - . . " ,~ ...-.., , The Mayor agreed six lanes would not be feasible. Mr. Baier said they need to be included in the study because of the current MPO plan. Mr. Weatherby reviewed four-lane alternatives: 1) 04 - Single four-lane structure ties to Drew Street. Relocation of navigational channel approximately 356 feet - 57 feet of vertical clearance maintained during construction. Approximate cost $21,813,000; 2) C4- Single four-lane structure ties to Cleveland Street. Relocation of navigational channel approximately 220 feet - 62 feet of vertical clearance maintained during construction. Approximate cost $16,863,000; 3) P4 - Single four-lane structure ties to Pierce Boulevard. Bridge would not span Pierce Street. Access to Pierce 100 from Pierce Boulevard provided under new bridge in parking area west of Pierce Boulevard and south of the Causeway. Relocation of navigational channel approximately 1 92 feet - 64 feet of vertical clearance maintained during construction. Approximate cost $20,093.000;4) P4A - Similar to P4- eastern portion high enough to span Pierce Street and provide access to Pierce 1 00 via Pierce Street. Both P4 and P4A tie into Pierce Blvd. which transitions into the Court and Chestnut Stteets one-way pair. Additional costs and impacts of straightening curves are not included in cost estimates for Pierce Blvd. alternatives. No relocation of navigational channel. Approximate cost $18,238,000; 5) C1 P4 - Similar to P4A except westbound on- ramp from Cleveland Street is added. . Four-lane profile identical to P4A and on-ramp profile from Cleveland Street similar to C4 profile. Access to Pierce 100 would be the same as for P4A. No relocation of navigational channel. Approximate cost $21.182,000; 6) C2P2 - Similar to C 1 P4 except all westbound traffic enters bridge off Cleveland Street and all eastbound traffic exits onto Pierce Boulevard. Vertical profile similar to C1 P4. No relocation of navigational channel. Approximate cost $21,026,000. , : ~i t t ,) .....,~:~ Mr. Weatherby stated C4 would significantly impact the Harborview Center and the Calvary Church. He indicated the church may be eligible for inclusion on a historic registry. He said that route would be tight because of limited rights-of-way. Mr. Baier noted other Pierce Boulevard alternatives align 400 feet from Pierce 100. The current bridge is a distance of 600 feet. Mr. Weatherby indicated the cost of the alternatives impact the evaluations. The highest cost alternate of the four-lane choices is via Drew Street and the lowest is via Cleveland Street. In reviewing environmental and wetland impacts, only the Drew Street alternative would affect both mangroves and sea grasses. The other alternatives provide only temporary impacts. He indicated noise from the new bridge will increase. Mr. Weatherby noted the City would have to demonstrate no other possible alternatives exist if probable Section 4(f) properties are impacted. He noted the traffic circulation would be hardest affected by a Drew Street corridor. Mr. Baier said service levels are based on the City's existing road network. Mr. Weatherby addressed the visual impacts of the bridge. Mr. Baier said people oppose alignments that impact them. Mr. Weatherby referred to socioeconomic impacts of the project, noting the importance of heavy traffic to Gulf-to-Bay Boulevard merchants and the recently completed downtown redevelopment plan. Of the four-lane proposals, he recommended retaining alternatives' D4, P4 and P4A. If a six-lane proposal is required, he suggested P6A and D6. \_i mincc06b.95 20 06/15/95 t . .' . ,', d ','. . . ' . " > ." ~. : --... Mr. Baier indicated no Cleveland Street alternatives were chosen due to limited capacity on Cleveland because of. on-street parking and incompatibility with the CRA plan. Mr. Weatherby said design related issues include structural alternatives, the amount of space dedicated to bicycles and pedestrians, the need for channel relocation, and the aesthetics of the bridge's design. He presented a slide presentation of bridges located in other cities and examples of night lighting. Mr. Weatherby said it would be feasible to build a high-level bridge and address the importance of aesthetic impacts, economic factors and the bridge's relationship to the CRA downtown redevelopment plan. He proposed an optimistic schedule with completion of construction by late 2000. · :;~;;:.1 Commissioner Thomas said funding and location should be discussed separately. He noted the City's plan to fund the Project Development and Environmental Study (PD&E) and questioned its cost. Mr. Baier estimated the PD&E cost at $1.5-million. Commissioner Thomas noted the PD&E's purpose ;s to qualify the project for State or Federal funding. He said the State is concerned about how the City will build the bridge, not its location. He suggested if the City funds the project, the bridge could be completed by 1998. He did not think the State would meet the schedule proposed by Mr. Weatherby. Mr. Baier agreed the bridge is not on the State.s list of proposed projects and the City is not assured any funding. Commissioner Thomas said the State would prefer spending $2-million to repair the bridge and extending its life by 10 years, repeatedly, than building a new bridge. Mr. Baier said FOOT feels the bridge has a useful life of eight to twelve years after rehabilitation. He agreed the State may prefer providing repetitive repairs to the Memorial Causeway Bridge while replacing other bridges with structural problems. Mashid Arasteh, FOOT Professional Engineer, said the State bases its priorities on those established by the MPO and noted this bridge is not included in the State program. She said the State feels repairing the bridge is the best thing to do. Since it is on a State Road, a PD&E would be required before a City bridge project could be considered. " I Commissioner Thomas questioned how the City could take control' of the road and build a new bridge. Mr. Baier indicated the City could apply to the Florida Department of Environmental Protection (FDEP), Coast Guard, etc. for approval but costs would be high. He said the more potential adverse impacts there are, the harder it will be to obtain approval. Commissioner Thomas suggested charging a toll and providing Clearwater residents with laser tags. He felt the bridge could be a revenue generator and could pay for itself. The Mayor questioned the need to build a new bridge. She felt the current bridge could be repaired. Commissioner Johnson referred to Ms. Arasteh's statement that there is no guarantee the City will get a new bridge. He suggested citizens may not want a new bridge. Commissioner Thomas expressed concern regarding economic impacts caused by a reduction of traffic flow during repairs. Mr. Baier reported bridge traffic would be restricted '~' mincc06b.95 21 06/15/95 ..."", I to two-lanes for two to four months. Total closure only would occur between certain hours. He estimated the total repair project would take one year. He said the overwhelming response from citizens at the work shops indicated a perceived need for a new bridge. He noted the current bridge is substandard in its ability to carry traffic. Commissioner Johnson expressed concern about spending $1.5-million for a PD&E if the City is not certain it will get a new bridge . Bill Stephan said limiting the height of the Memorial Causeway Bridge to 65 feet would be wasteful and recommended maintaining the current drawbridge. Commissioner Thomas referred to the 65~foot standard for bridges inside a harbor. Bennett Rabin, attorney representing Pierce 100, said the report was biased by favoring a path in the side yard of Pierce 100, a major residential structure. He said the bridge in the preferred plan is within 400 feet of the Pierce 100 building, is one-third closer than the present bridge and is three times higher. Mr. Rabin predicted a substantial devaluation in the value of Pierce 100 condominiums. He pointed out downtown consultants recommended against the Pierce Boulevard corridor. He requested the Commission review the study again before they move forward. The Mayor did not perceive the report as biased. 1.".J.~ ~,::r.. . Randy Kane said he uses the downtown tennis courts. He spoke in favor of the downtown redevelopment plan presented at the June 14, 1995 CRA meeting. He encouraged immediate implementation of the plan. Mr. Kane recommended investing resources in the downtown area first. He expressed concern the project would be more expensive and take longer to accomplish than proposed. Larry Cooper spoke in favor of a new bridge. A.M. Mack McKinley, resident of Pierce 100. said the consultants' June 14, 1995 presentation to the eRA was enlightening and felt the plan would be good for the City. He agreed constructing living units in vacant downtown areas would help revitalization efforts. He questioned a comment made regarding taxes paid by Pierce 100 residents. Commissioner Thomas clarified there are residences in Pierce 100 that pay no taxes to the Downtown Development District (008). Mr. McKinley noted the Pierce Boulevard alignment will affect Pierce 100. He said he was more concerned with noise from the bridge than its aesthetics. He expressed concern that the bases of Pierce 1 OO.s palm trees are protected. Dan Leiter, Pierce 100 resident, supported a new bridge with a Drew Street alignment. With the shift to Pierce Boulevard, he felt a new bridge would be detrimental to Pierce 100 and would devalue the property. Mr. Leiter recommended fixing the old bridge Desmond Buzzel commended Mr. Baier and his staff. He said he was impressed with the options presented at the meeting on the beach. He felt the new bridge will be quieter and aesthetically pleasing to Pierce 100 residents. mincc06b.95 22 06/15/95 4' ;., . I ". I. oj ~ -' , . , . "" , , ,J,'~,,,, '< q": . , ", r~ Clinton Sly said each Pierce 100 unit was assessed for a major renovation project completed in 1992. The building is now 1ft at night and with the help of a landscape architect, the grounds are like a park. He said the building is recognized in national magazines and is an asset to downtown. He said the new bridge will be detrimental and will cut Pierce 100 out of downtown. Mr. Sly noted the proposed route is within 400 feet of the building. He approved of the plan presented by the CRA; however, he did not favor a new bridge. The Commission recessed from 10:06 to 10:23 p.m. Bob Wright questioned why the four-lane Drew Street alignment had increased to $21 ,813,OOOsince the meeting at the Civic Center. Mr. Wright said the Indian Rocks Bridge is undergoing the same type of repairs needed by the Memorial Causeway Bridge in only three to four months. He felt the year's closing could be reduced considerably. Sheila Cole noted area residents oppose a new bridge if it impacts them except when there are accidents or other emergencies. Ms. Cole said a 45 mph speed limit would be dangerous. She noted complaints regarding traffic delays caused by the drawbridge and suggested a toll booth would also slow traffic. Alan Adler did not think a new bridge will solve traffic problems on the beach. He said repairing the existing bridge would be fine. Mr. Adler recommended better traffic control at the foot of the bluff would improve traffic flow. ~-:) Bill McCann commenged the engineering report and felt it was unbiased. He said a review of the land use plan favors a Pierce Boulevard alignment. A Drew Street alignment would adversely impact Coachman Park and commercial investment on Gu1f-to~Bay Boulevard. Mr. McCann noted the difficulty of rerouting traffic to Drew Street. Dorothy Wa!!o:er ~aid she moved to Pierce 100 for a water view, not causeway traffic. Ms. Walker expressed concern about a plan to spend $20~million of taxpayer money for a bridge no one is sure the City needs. She favored repairing the present bridge. James Bond thought the CRA plan was great and encouraged its implementation. He noted the City recently improved Court Street to receive traffic from Gulf-to-Bay Boulevard. He did not think traffic flow via a Drew Street or Cleveland Street alignment would differ. He suggested the City put something downtown to attract people. Mr. Bond requested an estimate of total costs If the City considers a Drew Street alignment. He recommended investing money in the beach and addressing the bridge in the future. Ms. Arasteh said all alternatives are viable and cannot be eliminated until a PD&E study is completed. The Mayor felt the Pierce Boulevard approach made sense. She questioned how traffic from Gulf-to~Bay Boulevard could be diverted to Drew Street yet noted the downtown plan had indicated the bridge should be aligned with Drew Street. The Mayor opposed tolls and suggested repairing the current bridge. - mincc06b.95 23 06/15/95 , ' . '\ . '. I ~ ' -- . " " , f'" ',' . '-. J.'.:', ~~ . '.: ,.......\ f . Commissioner Thomas said it is easy to delay hard decisions and spoke against "passing the buck" to future Commissions. He referred to a traffic jam in front of Pierce 100 and indicated nothing can be done about that traffic if Clearwater retains the current draw bridge. He felt the practical route was the Court/Chestnut one. He agreed it was a bad deal for Pierce 100 residents. Commissioner Thomas felt it was time to "bite the bullet." He said the City needs a new bridge and should pay for it. He felt tolls would pay for the project. Local residents could buy tags. He did not favor spending money on a PD&E study. He said State does not have adequate funds to pay for a new bridge. Commissioner Johnson said it will cost $2-million to fix the current bridge which is often inoperable. He pointed out a new bridge would take 10 to 12 years to build and recommended working toward the construction of a new bridge. He said he preferred the Pierce Boulevard route that provides a private road to residents of Pierce 100. Commissioner Berfield said residents on Drew Street will be affected by plans to widen that road. She expressed concern that ambulance traffic to the island is severely impacted when the bridge is inoperable. Commissioner Berfield agreed the proposed plan was a bad deal for Pierce 100 and Drew Street residents. She felt Mr. Baier had done a good job. No matter what decision is reached, she requested staff to begin the process to build a new bridge and noted her preference for the Pierce Boulevard alignment. Mayor Garvey questioned if the bridge and causeway should continue as a State road. Commissioner Thomas said he did not want to eliminate anything but believed the t.,:;) bridge would be paid for by people living outside Clearwater. Commissioner Johnson recommended the road remain under State control. Commissioner Thomas noted the State will approve the bridge on a State road only after the City invests in a PD&E study. Ms., Arasteh said approvals are based on which projects are prioritized in the MPO five-year work program. She noted this project is in neither the five-year nor the ten-year work program. If all requirements are met and the project is included in a future MPO 5- year program, Ms. Arasteh said it is possible the State would reimburse the City for the cost of the PD&E study. She said $500,000 has been budgeted for Drew Street improvements in FY 1997/98. Mr. Baier reported Drew Street is ranked sixth in the MPO listing and the City is asking that it be raised. He said the City would only be reimbursed the $1.5-million it proposes to invest in a PD&E study if the State classifies the bridge as functionally obsolete. He said staff feels the bridge is functionally obsolete. Mr. Baier said a study similar to a PD&E would be required before the project could be moved onto the MPO's list. Commissioner Thomas said it would be tough to get a program included on the MPO list until 2003 to 2007. He said if the Penny for Pinellas is not renewed, many planned projects will lack funding. He noted traffic problems on US 19. He suggested the bridge issue be studied further and requested staff focus on one location. Commissioner Thomas noted the downtown plan cannot include a bayfront marina with the bridge in its current location. i~1 mincc06b.95 24 06/15/95 'I : . . .' \ ' ,., r; '. . ' , ,. , , (/~. ':": f'. Commissioner Berfield moved to accept and approve the draft report and to direct staff to further study replacing the Memorial Causeway Bridge, concentrating on the Court Street/Pierce Boulevard alignment and to review funding options. The motion was duly seconded and carried unanimously. ITEM #36 - Citizens to be heard ra items not on the Aoenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #37-45) - Approved as submitted less #42. ITEM #37 - Purchase of one 1995 Ford CF-8000 truck with a Petersen TBD-2027 system from Atlantic Ford Truck, Apopka. FL. for $71,928; financing to be provided under City's master lease-purchase agreement with Barnett Bank of Pinellas County (GS) ITEM #38 - Purchase of 15 Utilitv Truck Bodies from Action Fabrication and Truck Eouicment, Clearwater, FL, for a total cost of $42,633 (GS) ITEM #39 - Contract for custodial services to Tri-Angle Maintenance Services, St. Petersburg, FL, for the period 07/15/95 w07 /14/96, at an estimated $71,357.28 (GS) ITEM #40 - Purchase double detector check valve assemblies from Davis Meter & Sucol\', Tampa, FL. for the period 07/22/95 -07/21/96, at a total estimated $64.455 (PW) ~. ') '~;.,.....c ." ITEM #41 - Renew contract for sludCle haulinq & diseosal for the WPC Division with Davis Water and Waste Industries, Inc., for the period 08/01195 -07/31/96, for an estimated $287/921 (EN) ITEM #42 ~ See below. ITEM #43 - Contract for demolition of commercial structures at 7 Causeway Blvd. to Phoenix Wreckino COrD., Tampa, FL, for $64.445 (EN) ITEM #44 - Joint Participation AQreement with FDOT to provide 50% reimbursable funding for the construction of 3 new hangars on Clearwater Airpark (SW) ITEM #45. Water Main Easement from SCBS. Inc. (Builder's Souare) (CA) Commissioner Thomas moved to approve the Consent Agenda as submitted less Item #42 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #42. C.O.#1 to 1995 Sidewalk Contract to MTM Contractors. Inc., Pinellas Park, FL, increasing the amount by $51,047.50for a new total of $240,677.50.and approve a time extension of 30 days (ENI The purpose of Change Order #1 is to reduce flooding that reaches depths up to 12 inches during storms at the Eastland Boulevard/Landmark Drive intersection. Storm water '-..,' mincc06b.95 25 06/15/95 . ,r J " <' . .. t " .. , , l....V. ~ <,':< I~ drainage collects there from several acres of the surrounding Northwood Estates subdivision instead of being conveyed to existing stormwater retention areas west of Landmark Drive. Eastland Boulevard often closes for extended periods due to flooding. The project was designed to remove and replace the west curb line along Landmark Drive and the south side of Eastland Boulevard for approximately 200 feet to allow 70% to 80% of the storm water to drain south along Landmark Drive to the existing storm water collection system instead of being trapped at the Eastland/landmark intersection. The curb adjustment work will require regrading the pavement on landmark Drive's west side and removal and replacement of sidewalk adjacent to the construction area. Bob Moore said flooding in this area has been a problem for at least 17 years. In that time, the City has taken a piecemeal, or band aid. approach. He expressed concern this approach would be like applying another band aid and only would move water from one intersection to another. Mr. Moore said the DeLapp pond overflows onto Landmark Drive. He noted the planned curb will extend 200 feet and end at the spot where Landmark Drive narrows from four lanes to two. He suggested installing an inlet from Landmark Drive into a pond to permit drainage. He felt the proposed plan would cause more traffic problems. The Mayor noted staff is sensitive to residents. concerns. Mr. Baier said staff presented six proposals at two workshops and five were eliminated because of right.of- way issues. He said 12,000 to 14,000 cubic feet of storage was lost when the area was piped. Mr. Baier proposed installing gabions and Xeriscaping around the ponds. He pointed out this area is a City easement. He felt the proposed curbing will improve the t,:.) situation. Mr. Baier reported Enterprise Road has a crown in the middle. When Landmark Drive is extended. the situation will improve because downstream discharge will occur more rapidly. He submitted pictures of the proposed second phase ponding project. He indicated the proposed project will be attractive. Mayor Garvey questioned the cost of the second phase. Mr. Baier estimated the cost to be $120,000. Mr. Moore said his property is not included in the map depicting Phase two. He expressed concern that the item addressed tonight proposes to direct water down the road and increase the amount of water in the street. He said landmark Drive has a dangerous curve where it narrows to two lanes. Commissioner Thomas requested staff to return with a plan addressing the whole problem area. Mr. Baier noted Mr. Moore's part of the pond, except for some illegal fill, is nearly the same as when it was constructed. He said Phase 2 recommends the removal of some corrugated metal pipe and restoration of this section into a better than original condition. Mary Oelatosky said the City had condoned the installation of piping which caused a loss of retention. She said neighbors were left with a mess in their yards. She said appraisals indicate the ditch negatively affects the fair market value of the subject properties. She expressed concern Phase 2 would not restore the back yards to their '.....,J mincc06b.95 26 06/1 5/95 .' ~t .' ~ I t l . , t . . . '1-' ~.' t" I < . :....~ original condition. Ms. Delatosky expressed concerns that homeowners were never given the opportunity to discuss alternate options. She requested the Commission review the whole matter again. Cheryl Moore said flooding never occurred until the ditch was filled in behind two properties. She noted years ago, the City said there would be no further piping. She said gabions are not needed. Ms. Moore suggested directing the water to drain on the other side of Landmark Drive. She expressed concern drainage from an office building has exacerbated the problem and requested staff to review that. She questioned if changes made to the direction of Mullet Creek were responsible for these problems. She indicated no maintenance has been provided for her pond although the City had promised such help. The Mayor questioned if staff supports the curb and gutter proposal. Mr. Baier said he did. He noted the original design included a narrow ditch. a pond, and another narrow ditch. Mayor Garvey noted the large pipe successfully conveys water and is doing what it is supposed to do. Commissioner Thomas indicated staff has been directed to solve the entire problem. Commissioner Johnson questioned if it was essential to proceed with this sidewalk project. Mr. Baier recommended completing this part of the project now. He said if the City chooses to install gabions, it will take time to construct them. He predicted this project would provide some relief to the area flooding problem. L. '." '\ h~J Commissioner Berfield questioned how many lots share the pond. Mr. Baier said the pond is located on three properties and part of a fourth. Commissioner Barfield questioned what it would take to make the entire area the same. Mr. Baier said that would not be possible if the City wanted to gain the capacity needed. Commissioner Berfield expressed concerns regarding illegal fill. Commissioner Thomas moved to approve Change Order #1 to the 1995 Sidewalk Contract (95-10) to MTM Contractors, Inc. of Pinellas Park, FL, increasing the contract amount by $51,047.50, for a new contract total of $240,677.50, and approve a time extension of 30 days, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #46 - (Rescheduled from 06/01/95) Assignment of Lease from the PGA Tour Associates-I. Ltd. (PGA) to MJM Golf Enterprises, Inc., for the PGA's interest as "Lessee" under Lease dated 11/12/85, between the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA (Lessee) (PR) On November 12, 1985, the City entered into an agreement with the Chi Chi Rodriguez Youth Foundation, Inc. to lease City property on McMullen-Booth Road to the Foundation for educational purposes and the construction and operation of a public golf course. On the same date, a "Lease" was entered into between the Chi Chi Rodriguez Youth Foundation, Inc. and the PGA Tour Associates-I, Ltd.. to sublease a portion of the land on the east side of McMullen~Booth Road for the construction and operation of a golf -,' mincc06b.95 27 06/1 5/95 . ',' ,," . . . . " .,. ' '. " ." I" ", ~. - I , . .,. , ~'.~.,' t ,.-.. ~ : driving range (Family Golf Center). The agreement's initial term was for 15 years to November 12, 2000. Automatic extensions have added 10 years to the term, now running to 2010. PGA Tour Associates-I, Ltd. may not assign their interest under the lease to another party without the written approval of the City and Chi Chi Rodriguez Youth Foundation Commissioner Berfield moved to approve Assignment of Lease from the PGA Tour Associates-I, Ltd. to MJM Golf Enterprises, Inc. for the PGA Tour Associates interest as IILessee'. under Lease dated November 12, 1985, between the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA Tour Associates-I, Ltd. (Lessee) and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Berfield and Johnson and Mayor Garvey voted "Aye"; Commissioner Thomas voted "Nay." Motion carried. ITEM #47- Sixth Amendment to Clearwater Ferrv Service. Inc. License & Agreement to provide pedestrian ferry service between Clearwater Beach & Sand Key while the Clearwater Pass Bridge is closed to vehicular traffic, at an estimated $80,000 (MR) ".~; , , '''n~f"J ,This amendment to the Clearwater Ferry Service, Inc. license and Agreement will provide temporary free pedestrian ferry service between Clearwater Municipal Marina and the Community Sailing Center on Sand Key while the Clearwater Pass Bridge is closed to vehicular traffic for approximately 80 days starting August 1 0, 1995. The ferry service, free to citizens and tourists, will operate daily from 8:00 a.m. until 10:00 p.m. The Clearwater Ferry Service, Inc. will have backup boats available to ensure reliable service. Each boat will be operated by a US Coast Guard certified captain and a fully trained mate. The ferry service will be fully insured, as required by the City, and will purchase fuel from the Clearwater Municipal Marina. Ferry service disruption caused'by Acts of God will be considered IIdown time" and will not be charged to the City by Clearwater Ferry Service, Inc. Jolly Trolley trips will be coordinated at Clearwater Marina when the ferry service is operating. Citizens and tourists can park at the Sailing Center and use the ferry service. The Jolly Trolley will not serve Sand Key during the bridge's closure. Under terms of this amendment, the Clearwater Ferry Service, Inc., will be paid $965 per day for the ferry service: 1) boats; 2) crew; 3) fuel; 4) maintenance; and 5) insurance. Upon learning of the contractor's date of completion and discontinuance of the temporary ferry service, the City will inform the Clearwater Ferry Service. Inc. immediately. Funding for the ferry service for an estimated $80,000 wlll be provided by a third quarter budget amendment appropriating $80,000 from Bridge Revenue. Commissioner Berfield moved to approve the sixth amendment to the Clearwater Ferry Service, Inc. license and Agreement, which will provide pedestrian ferry service between Clearwater Beach and Sand Key while the Clearwater Pass Bridge is closed to vehicular traffic at an estimated cost of $80,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded Commissioner Thomas felt this proposal was a waste of taxpayers. money. He said the proposed half hour ride is too long. Commissioner Thomas expressed concern that no publiC bid had been sought. \....../ mincc06b.95 28 06/15/95 \, , , , , " ,." . J' " " ,;. ,. j' . J~~ ~ . ~ . ,oJ . ,-, , Commissioner Johnson indicated he had received several calls regarding there being no charge for the ferry service. Discussion ensued regarding whether a decision had been reached. The Mayor noted people are worried about transportation problems and are glad to hear the ferry will be running. She said hotels on Sand Key have continued to schedule conventions based on Commission direction that ferry service would be provided. She said not charging for the service makes sense. Commissioner Berfield questioned if the City is required to advertise a Request for Proposal. The City Manager said staft did not feel that was necessary because the City already had a contract with this company and this service would be provided for less than 80 days. JamBS Warner agreed the cost of the ferry service is excessive. As director of the Sand Key Civic Association, he reported the association's board of director.s had unanimously voted in support of the ferry service while the Sand Key bridge is closed. He noted concerns regarding fire and medical emergency service provisions on Sand Key. He noted 75% of Sand Key's condominiums are second homes and the majority are rented for short term leases although August is not the height of the rental season. He anticipated good ridership levels. Bill Stephan, Chair of Marine Advisory Board (MAB), said the MAB suggested the City investigate a ferry service when they realized the Sand Key bridge would be temporarily closed. After learning of the cost to operate the service, the board indicated it was probably not worth the cost. He believed the ferry's primary users will be employees .,J,o,\ of the beach motel/hotel properties. He suggested the service may not need to be as '__.,,.1 frequent as proposed. He said the hotel vans could be used for transportation to the beach. Russ Kimball. General Manager of the Sheraton Sand Key, said he was led to believe a free ferry would be available. He indicated his property has advised tour groups there would be a ferry service. He had surveyed hotel employees and learned the bridge closing will affect them. He said the 8:00 a.m. ferry is critical to the hotel.s needs. The ferry's final 10:00 p.m. voyage was scheduled to benefit restaurants. He requested the Commission approve a free ferry. Commissioner Thomas questioned if the Sheraton would be willing to help pay for the service. Mr. Kimball said he had discussed this with the Radisson Hotel and Shoppes on Sand Key. He said they were willing to pay $200 a day toward the cost of the ferry service. He said they would like to limit the ferry service to 60 days if possible. Commissioner Thomas said if the hotels are willing to help defray costs. the ferry would have his vote. Mr. Kimball encouraged staff to view directional signs from the tourists' point of view. Larry Cooper, General Manager of the Radisson Sand Key, supported Mr. Kimball's offer. He reiterated that the ferry service has been presented to tour groups as a positive feature. '....-I mi,1cc06b.95 29 06/15/95 . . '. ... . . . .." , . ~ ." - "o.C,.. , , c' c' t") Al Sa key, President of the Jolley Trolley Board of Directors, indicated the trolley will not be operating on Sand Key when the bridge is closed but will meet the ferry when it returns to the marina. He said when the trolley leaves the marina, it will stop at the civic center before it continues downtown. Commissioner Berfield amended her motion to accept the $200 a day offer from the Sand Key Shoppes, the Sheraton Sand Key, and the Radisson to help with the cost of the ferry service. The seconder concurred. Upon the vote being taken. the motion carried unanimously. Commissioner Johnson moved to continue the meeting past midnight. The motion was duly seconded. Commissioners Berfield and Johnson and Mayor Garvey voted .' Aye"; Commissioner Thomas voted "Nay.'. Motion carried. ITEM 1148 - Aoorove Citizen Particioation Plan; appoint certain Clearwater. Boards/Citizens to serve on designated Citizen Task Force Groups for the evaluation and appraisal Report (EAR) and the update of the City.s Comprehensive Plan (CPJ "'~ t~;~~ Rule 9J-5.004 Florida Administrative Code (FAC) requires the Citizen Participation Plan in the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan and the formulation of the City's updated Comprehensive Plan. The EAR and the updated Comprehensive Plan will be adopted by ordinance or resolution by the Commission in June 1996, and is due to the Department of Community (DCA) for a sufficiency review in August 1996. To satisfy the public participation requirement, staff recommends appointing Boards/individuals to serve on the primary Citizen Task Force Groups: 11 Future Land Use Element - Planning & Zoning Board; 2) Traffic Circulation & Mass Transit Elements - City Commission MPO Representative and City Staff; 3) Aviation Element - Airpark Authority; 4) Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer, Recharge Sub~Elements - Private Engineer, Architect, City staff; 5) Coastal Management Element ~ Marine Advisory Board and City staff; 6) Conservation Element - Environmental Advisory Board; 7) Housing Element - Clearwater Housing Authority; 8) Capital Improvement Element - Budget Advisory Committee; 9) Recreation and Open Space Element - Parks & Recreation Board; and 10) Economic Development Element - Enterprise Zone Development Agency Board. Each boardlindividual will participate in the evaluation of the existing Comprehensive Plan and the formulation of Goals, Objectives and Policies needed for the twelve elements of the updated Comprehensive Plan. Commissioner Berfield questioned if Judy Mitchell's name had been added to the list of members on the Budget Advisory Committee. The City Manager indicated it would be. Commissioner Berfield moved to approve the Citizen Participation Plan and appoint the following Clearwater Boards/Citizens to serve on designated Citizen Task Force Groups for the Evaluation and Appraisal Report (EAR) and the update of the City's Comprehensive 'Plan: 1) Planning & Zoning Board; 2) City Commission MPO Representative and City Staff; 3) Airpark Authority; 4) Private Engineer, Architect, City staff; 5) Marine Advisory Board and City staff; 6) Environmental Advisory Board; 7) Clearwater Housing Authority; 8) \J mincc06b.95 30 06/15/95 . .1_-" I . I ~ '. . ,-, '. 'I,. - ' , tr;l:~t~.:./~.. , . . ~. . '. :~ ,~ , Budget Advisory Committee; 9) Parks & Recreation Board; and 10) Enterprise Zone Development Agency Board. The motion was duly seconded and carried unanimously. ITEM 1149 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #50 - First Rsadino Ordinances a) Ord. #5858~95 - repealing Ord. 1134 79~84, concerning solicitation for charitable purposes as codified in Sees. 23.61 ~23.90, Art. III, Ch. 23 The City Attorney presented Ordinance #5858-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5858-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas. Johnson and Garvey. t'Nays": None. ITEM 1151 - Resolutions a) Res. #95-56 - dissolving the Clearwater Rapid Transit Task Force .-. .. \ I . ,,,,J The City Attorney presented Resolution #95-56 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-56 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #52 - Other City Attornev Items a} Fisherman's Wharf ') Addendum to Contract The City Attorney reported the amendment to the contract addresses the Fisherman's Wharf's concerns they will not be responsible for future environmental problems. Commissioner Johnson moved to approve the addendum to the Fisherman's Wharf contract. The motion was duly seconded and carried unanimously. mincc06b.95 31 06/15/95 . , . '" " I ~~ ~ . ~ ,.... . ,~~~~:: ~,': ' " .' . ,"{ . . . '.'.', ~ , i 2) Attorney-Client Session The City Attorney requested an attorney/client session regarding the City versus Fisherman.s Wharf of Clearwater Inc.. James E. Standridge, et al. be scheduled for July 17. 1995 at 9:00 a.m. Consensus was to so schedule. ITEM #53 ~ City Manaoer Verbal Reports The City Manager suggested the July 12, 1995 Special Meeting scheduled to discuss the TRIM millage rate could be canceled if the Commission would allow administration approval of the TRIM millage rate if it can be set at its current rate. Commissioner Thomas moved to allow administration approval of the TRIM millage rate if it can be set at its current rate and to cancel the July 12. 1995 Special Meeting if that goat is met. The motion was duly seconded and carried unanimously. The City Manager expressed get well wishes to Assistant City Manager Bill Baker. The City Manager thanked C-View staff for their excellent coverage of the visual aids used in tonight's meeting. ITEM #54 - Commission Discussion Items - None. ITEM #55 - Other Commission Action ..104, \:~ Commissioner Berfield thanked Jackie Heneger for her positive letter regarding the downtown plan. ITEM #56 - Adjournment The meeting adjourned at 12: 10 a.m., June 16, 1995. ATTEST: c~ c:. ~...., - City Clerk ' l: -..J mincc06b.95 32 06/1 5/95