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08/17/1995 (2) ">"" 'p' <.~,' ":." .'\:: ' .' . " , , ' , . '.' , \.' . . ,~ 0'.1:.' ' ; ~.. ,c , '" , ' ." ' t'" . >'" I '. <, l' ~, 1/' ',' ." +, . ~ (: , ,1,. . .~~:.?l~,~.;.~;~'~:.,r'} 'l'J:::;' '\:h:::n~~c~::,"."":'~: .,1 c ~"~'.,~.: .. . ..,' "<,, ~,;' .:..'>,;"" ".'~ "J" ,~, ,...~.:.l ".' < ".C~". '.< C .':.::.': ,..~.:>: .:,:::t~:":"~:'" :c' ".<"H..i,.I""'\Y~$ . . . . (.c >1 . "-.....,, , j c;.~ ~,.~ . COMMISSION ." , ,', City Commission Minutes .. C;) Date ~ /'" /995" -t-- s / I , .. .....,. , . \' . ~ j . , .. , , , ., . ;. ! 'It.'~: ,\ . .,\~.I ~ , i CITY COMMISSION MEETING August 171 1995 The CIty Commission of the City of Clearwater met In regular session at City Hall, Thursday. August 17,1995 at 6:00 p.m'l with the following members present: Rita Garvey Sue A. Berfield Fred A. Thomas J. B. Johnson William Justice Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: Elizabeth M. Deptula Kathy S. Rice William C. Baker Pamela K. Akin John Richter Cynthia E. Goudeau Patricia Sullivan City Manager Deputy City ManageI' Assistant City Manager City Attorney Senior Planner City Clerk Board Reporter The Mayor called the meeting to order. The invocation was offered by Assistant City (~:) Manager William C. Baker. The Mayor led the Pledge of Allegiance. 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 Awards Five service awards were presented to City employees. ITEM #4 - Introductions and Awards. None. ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of August 3, 1995, and the two special meetings of July 31, 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 AQenda '-.. mcc08b.95 1 08/17/95 . . " .' \. .. ." I, ;'., ""... ..... ,-., I , Glen Johnson said he grew up in the area and has done construction work on the beaches. He expressed concern regarding the preservation of the existing bridge at Clearwater Pass. He said several problems need to be overcome but indicated his goal is to put the City on the map culturally and monumentally. Mr. Johnson distributed a sketch of his proposal to convert the existing bridge into a unique. high-end commercial facility with a tower and the world's tallest lighthouse, David Campbell expressed thanks to City Attorney Pam Akin, City Engineer Rich Baier and Civil Engineer III Bob Maran for their efforts to keep Builders Square truck traffic off Druid Road East. If the Police Department issues five citations in a six month period to wayward trucks, Builders Square will have to install a low bar to prevent truck access to Druid Road East. Mr. Campbell requested the police stay on top of this issue during the six month period. Flovd Erwin said he lives outside Lake/and and is ordained to preach. He said he is a former member of Light of Christ until he became very ill with emphysema. He referred to bubble bath he bought in Clearwater and cautioned that excessive use or prolonged exposure could cause a rash. He suggested it be kept out of the reach of children because the serious effects of the product could be mistaken for sexual molestation. Barbara Step referred to the ACLF at 904 Richards Avenue and said a sign over the garage identifies the property as IIAutumn Place," She expressed concern that ACLFs are required to look the same as single family residences. PUBliC HEARINGS l' ... \ "'....J ITEM #8 - (Cont'd from 07/20/95) Public Hearinq & First Readinq Ords. #5741~95 & #5742-95 - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View a/kJa McMullen Bayview Sub., Blk. 3, part of Lots 1 & 2, and S 1/2 of vacated street abutting N side of lots; and CPO Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., McMullen Bayview Sub., Blk. 3, part of Lots 1 & 2 and Bayview City Sub.t Lot A, and vacated street r~o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub.; LUP 0.70 acres m.o.l., Rezoning 1.02 acres m.o.1. (R. Roy Meador, LUP93-43, Z93-54) The subject property is approximately 1,250 feet west of McMullen-Booth Road. On May 4, 1995, the City Commission referred the proposed Zoning Atlas and Future Land Use Plan Amendments and accompanying site plan back to the Planning & Zoning Board (P&Z) to consider the most recent changes made in the site plan. The revised site plan will only change the land use and zoning on the northern portion of Lots 1 & 2, Town of Bayview, keeping the southern portion of the lots with a Future Land Use of Residential Urban and zoning of Single Family Residential "Six." The revised site plan proposes to use part of the remaining residential property for a retention pond. Retention ponds (utility facilities) are a conditional use of the Single Family Residential "Six" District. On July 18, 1995, the requests for rezoning, land use plan amendment and conditional use were heard by the P&Z who endorsed the rezoning and land use plan by a vote of 4~3 and the retention pond conditional use permit by a vote of 5-2. On May 3, mcc08b.95 2 08/17/95 , : ' , . ~' I l . ',I c ~ .. '. j . '" I J . " " :.-." 1994, the P&Z held public hearings on the applicant's original request for Commercial General land use with General Commercial zoning for Lots 1 and 2 and recommended against the proposal by a vote of 4-1. The applicant revised his original request for Zoning Atlas Amendment to a Commercial Planned Development (CPO) for the entire site. On February 28, 1995, the P&Z recommended against the first CPO plan by a vote of 5-2. , Now, the applicant proposes to change the land use classification only on the northern portion of Lots 1 and 2 to Commercial General and combine this property with the existing FINA site. This site is proposed to have CPO zoning. The southern portion of the two lots will be combined to form a single residential lot that will retain its Future Land Use Classification of Residential Urban and zoning of Single Family Residential "Six." The property proposed for CPO zoning is less than the four acre minimum recommended for such zoning but the City Commission can allow a reduced area jf deemed to be in the public interest. CPO zoning can provide greater assurance that the proposed development will not adversely affect the residential character of the neighborhood to the south, and is the zoning classification recommended by staff if the commercial area is expanded. The applicant's intent remains the same as in his original application; to use part of the two residential lots to expand the existing FINA gasoline station presently on Lot A. \ ") , l;, ~., ..-: 80th Lots 1 and 2 had single family homes on them. The City's building department cited the house on Lot 2 (509 Bayview Avenue) as unsafe and advised the owner to correct the situation. The owner demolished the structure that was noted in a 1980 Historical Survey on the area as Hone of three oldest in Bayview and might be the oldest." The report also mentions the house on Lot 1 (301 5 Gulf-to-Bay Boulevard), built prior to 1940, but indicates no historical significance for this structure. On June 15, 1995, the Development Review Committee (ORC) met with the applicant to review the latest site plan for the property. The ORC noted their earlier comments had been addressed and the site plan was acceptable if the following changes were made: 1) shift the dumpster's location to assure adequate overhead clearance; and 2) add the following notes to the site plan: 1) a site pollution clean~up plan must be approved by the City, commencement of the approved clean-up plan must occur prior to the issuance of a building permit and the clean-up program must be continuously pursued in accordance with the schedule and conditions in the approved plan; 2) all site lighting shall be equipped with 90 degree cut off mechanisms and all site lighting must be directed downward and away from adjoining residential properties and street rights-of-way prior to the issuance of a certificate of occupancy; 3) the retention pond, if on residentially zoned property, must have a conditional use approved by the P&Z; and 4) signage shall conform to the requirements of the General Commercial zoning district, with no freestanding sign oriented to Bayvlew Avenue. The site plan reflects DRC's concerns. The ORe was aware of the neighbors' desire for construction of a block or masonry wall along the dividing line between the commercial and residential properties. DRC deferred consideration of the type and height of a wall/ fence to the P&Z. Regardless of material, staff recommends the wall/fence continue to the unimproved right~of-way of Meadow Lark Road on the east. On the Bayview Avenue side, staff feels the fence/wall should not extend to the right-of-way. A l " .-.-/ mcc08b.95 3 08/17/95 . '~ " ~ ' '> .. r ~" ~. . . T ~'':.7: - ,-"'-"" driveway likely will run along the north side of the new residential lot. A fence in this location could limit the sight distance for vehicular traffic. Options consist of decreasing the wall's height and/or terminating the wall approximately ten feet before the right-of- way. On February 15, 1995, the Environmental Advisory Board (EAB) considered this proposal and expressed concern regarding site contamination. Staff believes the note requested by the DRC adequately addresses environmental concerns raised by the EAB, residents and staff during the review of this project. Due to the historical significance of the Old Town of Bayview as one of the oldest settlements in Pinellas County, and of the house at 509 Bayview Avenue, the Historical Society and Coalition of Clearwater Homeowners Association wrote the City opposing the proposed rezoning. Concern was expressed regarding further oncroachment into the historical area and possible destruction of one of the older homes in 8ayview. The latter issue is moot now that the house has been razed. It should be noted that no individual or organization took advantage of the applicant's offer to donate both houses for preservation to any entity with an interest in saving them. On January 17, 1995, the Historical Preservation Board reviewed this rezoning proposal and voted unanimously to recommend against the proposed rezoning. This current request is less intrusive and the house the board expressed interest in saving was razed. I'" ) '~c"".':."! Concerns were expressed this action could establish a precedent for nearby properties. Staff supports this change because it resolves a difficult site design problem emanating from the existing zoning line and structure location and is a solution to a very site specific problem. Staff feels the proposal represents an excellent compromise between the property owner's need to reasonably use his property and the need to protect the residential character of the Bayview neighborhood. Improvements to the site will: 1) establish an expedited pollution clean-up program; 2) protect much of the existing significant tree canopy beyond the requirements of the City's Tree Protection Ordinance; 3} buffer the adjoining residential property with landscaping, fencing, directional site lighting, dumpster screening and signage location; 4) establish a stormwater retention facility that exceeds minimum City code requirements; 5) significantly improve the safety of the driveways serving the site; and 6) improve the potential for a more successful business operation at this location. The City Attorney reported a presumption of prejudice exists regarding exparte communication and stated such communications had to be disclosed. The Mayor questioned if a disclosure form needs to be completed. The City Attorney indicated that form is not necessary. Commissioner Justice reported he had communicated verbally with both sides including Messrs. Meador, Stowell, Parker and Sorenson. He indicated Mr. Meador had explained what he was requesting while the others explained what was going on in the area. The City Attorney requested Commissioners also mention communication they have had with staff. Commissioner Justice said he had spoken with Central Permitting Director mcc08b.95 4 08/17/95 \, " ~.~ .~/~ .,< -, I : Scott Shuford, Senior Planner John Richter and Assistant City Manager William Baker regarding this issue Commissioner Thomas reported he had attended a presentation by the opponents who showed him the Bayview neighborhood. He said he also spoke with Messrs. Stowell, Parker. Sorenson and a fourth person whose name he forgot. He indicated Mr. Stowell visited his office to discuss City laws. He said no representatives of the applicant had approached him and he had not spoken to staff regarding this issue. Commissioner Barfield said she had not spoken with the applicant, only the opposition. She reported Mr. Stowell had faxed her a copy of a letter from Mr. Shuford. Commissioner Johnson said Mr. Stowell had discussed the issue with him twice. Mayor Garvey reported no one spoke to her regarding this issue. Commissioner Justice reported he had been Mr. Meadorts teacher at Clearwater High School in 1948. City Attorney Pam Akin reviewed the criteria the Commission needs to consider when deciding if the proposal meets City code. She stated the burden of proof is on the proponent to prove the CPO is consistent with Clearwater's comprehensive plan. The opponents must prove that maintaining the property "as istt is in the public interest. She indicated zoning assignments could not be arbitrary or unreasonable. Ms. Akin said the City would have the burden of proof should the Commission deny the request and the denial is appealed. I.,~) Commissioner Thomas referred to a video tape made by Scott Shuford to explain the request. He objected to prosenting the video as Mr. Shuford was not available for questioning. The City Attorney reported attorneys for both sides had viewed the tape and indicated Mr. Richter was available to answer questions. Commissioner Thomas questioned if both parties had agreed to view the tape tonight. Ms. Akin indicated the parties do not agree on many things. Commissioner Thomas requested a legal opinion. Ms. Akin indicated the procedure is quasi-judicial. She said it was up to the City Commission if the video tape would be viewed. Commissioner Thomas expressed concern that no one would have the opportunity to cross examine Mr. Shuford. Ms. Akin said if the parties wish to object to the tape's airing, the courts would decide if the objection was valid. Commissioner Thomas said he was against showing the tape. Commissioner Barfield questioned if the City Attorney or Mr. Richter had seen the tape. Ms. Akin and Mr. Richter indicated they had not. Commissioner Berfield did not favor showing the video. Commissioner Johnson questioned if the attorneys object to showing the video. Harry Cline said he did not and indicated he objected to holding the hearing without Mr. Shuford's presence in person or on video tape. John Hubbard, representative for the adjoining property owner. objected to showing the video tape and indicated Mr. Shuford should be present. Commissioners Johnson and Justice and Mayor Garvey had no objections to showing the video tape. '- mccOSb.95 5 08/17/95 . " . . ,~ . ' , (" , " " < ..' \ , ~' ,,'.. ,"'-', A video tape of Mr. Shuford's remarks and his review of the history of the case was shown. He said staff recommended denial of the first request for B straight rezoning. Since then, staff met with the applicant to see what could be done. Mr. Shuford recommended approval of the current application because the applicant addressed neighborhood concerns. An additional buffer to the neighborhood to the south has been provided. Site design issues have been addressed. He said both City code and the site plan will protect the trees. The clean up of pollution, scheduled for 2009 by the State. will begin as soon as possible. Mr. Shuford referred to drainage and reported the proposal will exceed City requirements in some areas. He noted dumpsters, now located on the street, will be screened and located on the site's interior. Mr. Shuford said the site's landscaping will be brought up to City standards. All standards for traffic safety will be met and the proposal will be safer than the current situation. He reported no buffering currently separates the gasoline station from the residential neighborhood. The site plan includes an elaborate and extensive buffer via landscaping. Landscaping will also be provided along the streets. Mr. Shuford reported site lighting will be directed away from the neighborhood. He reported no special protection of the historic preservation of the area has been established at this time. He indicated staff respects the Bayview neighborhood's character and feels items in the site plan will preserve it. The plan provides more protection for the neighborhood and improves the compatibility of the uses, while providing for a reasonable use of the property as a commercial site. " .........':""'.1 Harry Cline, representative of the applicant, reported the operator of the gasoline station had surgery and could not be present. He said the proposed change is to incorporate 0.3 acres of land into the existing service station site. He indicated the proposal was supported by staff and the Planning & Zoning Board (P&Z). Mr. Cline presented a map of commercial properties along Gulf-ta-Bay Boulevard (SR 60) from US 19N to McMullen-Sooth Road. He noted the original proposal was to incorporate the two entire lots into the service station site. He said the currently proposed site plan represents an extremely reasonable zoning request. The applicant wishes to modernize a long existing service station originally built 50 years ago. Mr. Cline said the road has moved to the site. The corridor has changed and has been consistently developed with high intensity zoning all the way to McMullen-Booth Road. Mr. Cline said the request is to expand the service station onto the two adjoining residential lots. He said single family residences should not front Gulf-to-Bay Boulevard. He indicated the original proposal to rezone the entire parcel was supported by surrounding properties. He noted staff had expressed concern regarding other commercial uses that could occur and the P&Z was concerned about the trees. The applicant then returned with a CPO zoning that addressed all the concerns that had been raised. He noted proposed buffering exceeds City code. He reported the CPO limits the site's use to a gasoline station, releasing all other uses permitted under current commercial zoning. Nothing regarding the proposal is detrimental to the public. Parking will be available on the new site while none presently is available. The site does not have drainage or retention mcc08b.95 6 08/17/95 , ~.. ' . '.. : ,( ,'", ' " ' . t . . ' ~ I .." ; ~ ,..' " ,.--, presently but it will be added according to the site plan. He noted virtually all the trees are saved. Rich Dutter, Director of Planning for King Engineering, said he had 20 years of planning experience and was involved with this site plan since early 1994. He indicated he was familiar with the site and its surroundings. He noted the original proposal for a major expansion was reduced to only 0.3 acres, a minor change. He said the change was compatible with existing land patterns. He noted the dominance of commercial uses along Gulf.to.Bay Boulevard and said if the expansion is approved, the property will have the shallowest commercial lot along that corridor. He pointed out CPD allows the City maximum control of the development. Mr. Dutter felt the change would provide a stabilizing influence on the area because the existing use is destined to fail without an upgrade and the property could revert to an unknown commercial use. He said current zoning would permit a two-story, 5,000 square foot building on the current site that exceeds the proposed change. <~) Mr. Dutter felt the residential property proposed for the CPO site is too close to Gulf4to-Bay Boulevard to be considered for residential use. He noted the proposed CPO was crafted to be highly sensitive to saving trees and providing buffering. Mr. Dutter reported site access will be improved and pollution cleanup will be expedited. He said the site requires remodeling of its current conforming use. Since the service station was built, SR 60 has been widened from two to seven lanes. He said safety issues were important and indicated the CPO is consistent with the comprehensive plan. Goal two focuses on the renewal of declining areas, etc. He said the proposal is innovative. The goal is for a high quality development. He noted the site plan discourages a strip commercial zone. Mr. Dutter said it was his opinion as a professional that the CPD is consistent with the comprehensive plan and will provide a stabilizing influence on the area. John Hubbard, representing the adjoining property owner, Mary McMullen, questioned what control Clearwater has over onsite pollution. Mr. Richter indicated Environmental Management would oversee the onsite pollution. He indicated a clean up plan was a condition of site plan approval. Mr. Hubbard questioned on what basis the City can control the site's pollution. Mr. Richter said the agreement is a condition of the site plan. Mr. Hubbard questioned if that agreement was included in any document. Mr. Richter said the agreement is a condition of the site plan. Upon questioning, Mr. Richter said he was unaware if the City had received the pollution cleanup plan. Mr. Hubbard questioned if a date had been established when the problem would be ameliorated. Mr. Cline objected to the relevance of this line of questioning. Mr. Hubbard presented an opinion by the City Attorney that the problem cannot be ameliorated under current State law. Mr. Hubbard submitted to the City Clerk and read into the record a memorandum from Assistant Director of Engineering/Environmental, Tom Miller, to Scott Shuford stating the City does not have the authority to require a Florida Department of Environmental Protection (FOEP) report be completed on this property. City Engineer Rich Baier agreed the City cannot require an official Contamination Assessment Report (CAR) but indicated the City is working with the applicant to require a report to be voluntarily submitted. ~ . ....4f1I mcc08b.95 7 08/17/95 . . - ," :. ~ 1;' L ~ "', ' . . . ~ .' .,( ,~ "'--.. I " Mr. Hubbard questioned what additional protections are in place for the trees on the subject property. Mr. Richter said the CPO protects more trees than required by law. In answer to a question, he said the remaining trees cannot be cut without a permit and was unsure if the applicant could obtain such a permit. Mr. Hubbard Questioned if the drainage on the subject property is presently deficient. Mr. Baier indicated no pond exists on the property and water is not presently treated. He said the City requires less stormwater management than is being proposed. Mr. Hubbard questioned if the proposed water treatment is required. Mr. Baier indicated no additional water treatment or modifications are required for the present use. Mr. Hubbard noted claims of historic preservation and questioned if a historic house was removed. Mr. Richter indicated the house had been razed and agreed the applicant had been given the choice to remove or rehabilitate the structure. Mr. Hubbard questioned if a historic overlay had been developed and if it is required by the comprehensive plan. Mr. Richter requested time to research that question. Mr. Hubbard Questioned if the historic survey had been accomplished as required by the comprehensive plan. Mr. Richter indicated it had been. He did not feel the comprehensive plan required the entire City to be surveyed. He said the survey is part of an ongoing effort by staff. Mr. Hubbard questioned to what the historic overlay district referred. Mr. Richter said additional sections refer to historic preservation which affords protection to those areas interested in such protection. In answer to a Question, he \..~:) indicated the area must request such protection. Mr. Hubbard said the housing element of the comprehensive plan obliged staff to develop a neighborhood preservation scale and adopt strategies to protect neighborhoods by 1992. Mr. Richter said the neighborhood preservation scale is subject to interpretation. He reported staff had completed many studies over the years in fulfillment of that plan. Mr. Hubbard noted no buffering currently separates the gasoline station from residential properties and questioned if the present buffer's size would be decreased by half. Mr. Richter indicated buffers occur in different shapes. He agreed the distance from commercially zoned property to Mr. Hubbard's client's property will be reduced, but indicated the buffer of landscaping and trees will be greater. He said the fence, too, would act as a buffer. Mr. Hubbard questioned how much of the resulting residential lot is to be occupied by the drainage pond. Mr. Richter estimated between 25% and 30%. He did not include the swale in the calculation as that will be on another lot. He calculated approximately 4,000 to 5,000 square feet of the residential lot could be developed. In answer to a question. Mr. Richter felt the lot would be economically viable for residential development. Breck Parker. representative for June Schmitchen, referred to a letter from the City Engineer to the City Attorney stating the City does not have jurisdiction regarding the contamination site. Mr. Baier agreed DEP retains control of the contamination on site. He y mcc08b.95 8 08/17/95 . '. . ..... . " ~..., '.'." I _ > ',. . , '.. . "~ I , reported staff has worked with the applicant to produce a contamination report. He agreed the City could not require a CAR. Mr. Parker said the City also could not require a Remedial Action Plan (RAP). Mr. Baier said those reports and their requirements were established by FOEP. The City cannot require a developer to comply with FOEP rules. He reiterated the applicant and City agreed to do a report. Mr. Parker expressed concern that assessing the damage does not clean it up and questioned if the City can require a clean up. Mr. Baier said the City could not and noted the DEP has rated the property as low. priority. Mr. Parker expressed concerns the CAR is the only document that legally requires a developer to clean up a site and reiterated the City has no authority to require a clean up. Mr. Baier agreed. Mr. Parker questioned if anything was stopping the applicant from cleaning up the site voluntarily. Mr. Baier indicated he was not aware of anything. Mr. Parker questioned which issues had been addressed through the site plan. Mr. Richter said he had not heard from the Bayview residents to know what their concerns are. He said the site plan proposes to construct a six foot wall and install landscaping. Mr. Parker felt Mr. Richter should be aware of neighborhood concerns if he was present to answer questions. Mr. Richter indicated Bayview is a beautiful historical area. He did not feel the proposed CPO would negatively impact the neighborhood. He said the applicant has responded to neighborhood concerns regarding the buffer. He said Mr. Baier had responded to concerns regarding pollution cleanup. In response to concerns regarding tree protection, Mr. Richter said the plan provides significant tree protection. \ -"'"") ~~~ Mr. Parker felt the CPO would have an adverse impact on the historic neighborhood and questioned if the proposal was to change the zoning of Lot 2 from residential to commercial. Mr. Richter indicated it was. He also agreed the rezoning would intrude into a residential area. Mr. Parker questioned Mr. DuttPf r~~::;ding the number of CPOs approved in the City. ~...1r. Dutt~r did not know. Mr. Parker questioned how busy Gulf.to~Bay Boulevard is and if any of the site is appropriate for residential use. Mr. Dutter said the remaining portion of Lots 1 and 2 has suitable residential access. Mr. Parker questioned if houses on other local major roads were as close to the traffic. Mr. Dutter did not know. Mr. Parker questioned if the property was successful as a gasoline station. Mr. Dutter did not know. Mr. Parker questioned the types of products intended for sale in the expanded service station. Mr. Dutter did not know but indicated the rezoning is needed to remodel the service station structure, bring it up to City code and create a positive situation. Mr. Parker questioned if any of the applicant's land was taken during the widening of Gulf~to~ Bay Boulevard. Mr. Dutter said he did not know but said his report addressed the pavement's width and safe access to the pumps. Mr. Parker questioned if the gasoline station has been in place for 50 years. Mr. Dutter said that is what Mr. Cline had informed him. Mr. Parker questioned if Mr. Dutter knew the service station had been remodeled in 1976. Mr. Dutter said he did not. ' Mr. Hubbard questioned if Mr. Dutter had done a market study to prove the expansion was necessary. Mr. Dutter said one had not been done. In answer to a question, Mr. Dutter said he did not have a degree in economics. He said plans were for the expanded service station to carry general convenience items. Mr. Hubbard questioned mcc08b.95 9 08/17/95 ~ . . ..' . I.' \ . _., .;1.'.' .. . ...-., if the applicant owns the convenience store across Bayview from the subject property. Mr. Dutter indicated he did. In answer to a question. he said the proposal was to expand the service station to 1,500 square feet. Mr. Hubbard questioned if the expansion was needed for economic viability. Mr. Dutter said the overall plan was to bring the service station up to contemporary standards and be more competitive. Mr. Hubbard questioned if a study had determined how large a store could be built without rezoning. Mr. Dutter said a study had been done but he did not know the maximum possible size. Mr. Parker questioned if Mr. Richter was aware the City commissioned a historic study. Mr. Richter believed the study was complete. In answer to a question. he said the study had found some structures were historically significant and indicated a potential to designate the area in its entirety as historical. Mr. Parker questioned if changing zoning in such an area from residential to commercial is an ordinary circumstance. Mr. Richter agreed it was not. (" " . r~:.4 Mr. Parker referred to the March 23, 1995, memorandum from Scott Shuford to the City Manager that said the "likely conversion of the mobile home park adjoining the neighborhood on the east to another land use may have more significant potential effects." Mr. Richter said he was not privy to a request to rezone the mobile home park. Mr. Parker noted Mr. Shuford had stated in the memorandum that "the Historic Preservation Board had requested City participation in a project to allow State certification of the Bayview area as a historic neighborhood." He questioned if rezoning the property prior to the historic study was premature. Mr. Richter said the City is obligated to act on an application. Mr. Parker questioned how staff could recommend approval when more studies need to be done. Mr. Richter said staff has great concerns regarding the beautiful neighborhood. Mr. Parker questioned why staff recommends rezoning the property to commercial if the City is so interested in preserving the neighborhood. Mr. Richter agreed the City is interested in preserving Bayview but noted staff does not feel the application will adversely impact the Bayview area. Mr. Parker questioned if a precedent was being established for future commercial intrusion. Mr. Richter said staff would review each proposal based on its particular merits. Mr. Parker questioned if CPO zoning has different uses permitted under the County land Use Plan. Mr. Richter thought the County's land use plan for a CPO would be general commercial. Mr. Parker said a FAX from the Florida Department of Transportation (FOOT) indicated the Level-of-Service for Gulf-to-Bay Boulevard is rated trF" between US 19N and McMullen-Booth Road. Mr. Richter felt that rating was obsolete and suggested the road has been upgraded to "B" since it was widened. The Commission recessed from 8:00 to 8:20 p.m. Mr. Parker noted an August 11, 1995, memorandum from FOOT indicated Gulf-to- Bay Boulevard was rated "F," He questioned if the residential lot was viable. Mr. Dutter indicated it was and said he was familiar with the site plan. He said no specific proposal has been made to develop the residential lot. Mr. Parker questioned if anything could preclude the development of the lot as another type of use. Mr. Dutter said a developer would have to come back to the City Commission to change the zoning. Mr. Parker questioned if any curb cuts were shown on the CPO for the residential property. Mr. v mcc08b.95 10 08/17/95 . ! , .' ",' ' t ',' ,< ,. " I) Dutter indicated none had been made as there was no reason to have one at this time. He indicated the developer was not precluded from making a curb cut on the residential lot. Mr. Parker questioned how the CPO will help stabilize the neighborhood. Mr. Dutter said the current service station may not survive without expansion a'nd indicated the property use could change to a use permitted under General Commercial that is Jess desirable and more intensive. He said residents know what use is proposed by the CPD and the planned property configuration. Mr. Parker noted no testimony has been presented stating the business is in distress. Mr. Dutter said the reasons for the proposed change are not economic. He knew the previous rezoning request had been denied. Mr. Richter reported the applicable code sections regarding historic preservation and overlays are Sections 40.641 through 40.643. Mayor Garvey requested an explanation of the clean up issue. Mr. Baier said the City's Environmental Advisory Board (EAB) had expressed a great deal of concern regarding pollution of the site. He said staff worked with the applicant to have some type of report completed. He noted the City cannot require a CAR. He said a condition of the CPD requires the applicant to submit a clean up plan acceptable to staff before permits are issued. Commissioner Berfield questioned jf the clean up would be completed before the issuance of the building permit. Mr. Baier said the commencement of the plan must occur before issuance of the permit. Mr. Cline said the applicant may not be able to clean up the site for a number of years. He said the applicant is committed to prepare and implement a t ,..,\ plan to dean up the site. Mr. Baier said the clean up could require monitoring wells. etc. \"":1,.1 and expressed concern an appropriate plan could not be developed until the contamination has been identified. Commissioner Berfield questioned if the area under the proposed building will be cleaned prior to construction. Mr. Baier said the site may not be totally clean but the plan will have "teeth." Commissioner Berfield questioned how the site could be cleaned if the building is constructed prior to cleanup. Mr. Cline said building on a dirty site would be unacceptable. He said if contamination is found, the soil would have to be removed. He said nobody knows how serious the contamination is. Commissioner Thomas noted enforcement of the cleanup lies with the State and not the City. He questioned after the developer submits a clean up plan, who can enforce it. The City Attorney said the City can enforce language included in the site plan. She indicated the ultimate enforcement of the cleanup as required by the State would be up to the State. Commissioner Thomas questioned what would happen if the developer constructs a building without first cleaning the site. The City Attorney said the applicant would not be in compliance with the site plan and could not get a permit for occupancy. Mr. Baier said the City could require a bond to clean up the site. The City Attorney agreed that would be possible if the applicant agrees. Mr. Cline said the applicant has agreed to start the process now rather than waiting for the State to require one. Commissioner Thomas had not realized the City had no control regarding pollution from gasoline storage tanks. He questioned if a gasoline storage tank is polluting the aquifer, would the State handle it as an emergency and stop the pollution. The City Attorney said the City does not have enforcement powers. If the City initiated the calls, ..~ mccOBb.95 11 08/17/95 , " . - , . , ' '" \ . " ." '., .' ,J _ ~ 1"~, . c <' , ""-, the State would respond quickly. Commissioner Thomas questioned how long the site has been polluting. Mr. Cline said in 1987, the State tested the soil. found contamination and realized some tank leakage was occurring. He indicated double lined tanks were then installed. Commissioner Thomas questioned if other vacant lots exist on Gulf~to-8ay Boulevard. Mr. Cline said no other residential lots exist on Gulf-to-Bay Boulevard. Commissioner Thomas said the subject lots are not on Gulf-to-Bay Boulevard. He noted a residential buffer established by a prior board provided a buffer between the gasoline station and residential neighborhood. Mr. Cline said no real buffer now exists. Commissioner Thomas questioned what divides the current commercial and residential uses. Mr. Richter said it appears a right-of-way was spilt uetween the adjoining properties when it was vacated. Commissioner Thomas noted the site plan indicates a new convenience store will be built. Robert Meador, applicant, said that was correct. He noted he also owns a convenience store across the street. Commissioner Thomas questioned if any studies had been completed regarding the financial impact the new development will have on the original store. Mr. Meador said none was done. He reported the service station currently is leased to Jim Smith and this is his expansion. Mr. Meador said the products sold at both stores will somewhat overlap. He noted the original store mostly stocks produce; bait tackle and groceries. He said bathrooms will take up much of the room in the new store'. Mr. Meador did not think the new store will adversely affect the other one. (~~~ "']'1, Commissioner Thomas referred to the house behind the current convenience store. Mr. Meador said he owned it and agreed it was historical. Commissioner Thomas questioned if the original convenience store goes out of business, would Mr. Meador combine that lot with the adjoining residential one for a larger commercial property. Mr. Meador indicated no more land on Gulf-to-Bay Boulevard is available. Commissioner Thomas questioned Mr. Meador's intentions regarding his property. Mr. Meador said he originally requested a rezoning in 1986 following the 1984 death of his mother. When the rezoning was denied, he had no further intention to rezone. He could not speculate regarding his children's future plans. Commissioner Thomas questioned if Mr. Meador lost his convenience store tenant, would he expand that commercial use into the residential lot he owns in the rear. Mr. Meador said he will not rezone that residential lot. Commissioner Thomas noted the CPO designation would enhance the net worth of the property and questioned if Mr. Meador was making the request for economic gain. Mr. Meador agreed the property would become more valuable. Commissioner Thomas expressed concern the standards of approval state the Commission cannot grant special privilege. Mr. Cline said the request is not for a special privilege as the property is being brought into a reasonable use. He noted a residential lot remains as a buffer. Commissioner Thomas questioned if an economic gain is a special privilege. The City Attorney said not necessarily and noted rezoning often enhances values. y mcc08b.95 12 08/17/95 f . " . . \ r: ..... , ' ~ . . -. , ot\.l ~/ ' " I'~ Commissioner Justice questioned if the rezoning would affect an application to designate the area as a historic district. Mr. Richter indicated it would not. In reply to Commissioner Justicels concerns regarding children, Mr. Richter said a five foot sidewalk would run along Bayview Avenue. Commissioner Johnson questioned if all pollution would be cleared before construction occurs. Mr. Cline said before a building permit will be issued, the applicant will evaluate the site contamination as required by the State. The applicant will then develop a plan to remediate the contamination according to State standards. He said once the plan is accepted. the clean up will begin. No final date has been established because no one knows what efforts will be required. He said the State would have to sign off on the completion. He said the applicant would not undertake construction without first dealing with the pollution problem. Mayor Garvey questioned if the retention pond exceeds requirements. Mr. Baier said it is to Clearwater's advantage to have the pond exceed City requirements. ('"\ <'4~"~~c>" Commissioner Thomas noted CPD, according to code, requires at least four acres. He questioned if the City has the legal right or authority to change the rules. Mr. Richter agreed the established standard for CPO is four acres but noted the code states the City Commission has the authority to approve a smaller area if they find it is in the public interest to do so. Mr. Cline said the approval for this size CPD could be based on environmental concerns and the intent of the site plan to save the trees. Commissioner Thomas questioned if staff saw any zoning code violations in the spirit or intent of this issue. Mr. Richter said he did not. The City Attorney said she had no opinion on the matter. Commissioner Thomas questioned if the proposed CPO is consistent with the Countywide Land Use Plan. Mr. Richter reported that plan would need to be amended to reflect the change. Commissioner Thomas questioned if the CPO is approved, would the domino theory prevail and the mobile home parks on each side of Bayview become commercially zoned. Mr. Richter said that would depend on future Commission rulings. Commissioner Thomas noted the code states the City Manager shall review the proposed amendment and standards. He questioned the City Manager's assessment and position on this issue. The City Manager said staft's recommendation has her signature on it and she concurs with that recommendation. Commissioner Justice questioned if the proposed CPO is not in compliance with the County, if the City would have to go to the County after approval. Mr. Richter said that was the established process. Commissioner Justice questioned if the City Commission's approval of the CPO was a final decision. Mr. Richter said the proposal would need to be approved by the pinellas Planning Council (PPC) and the County which have a threshold when they consider changes to the Countis Land Use Plan. He said this request was sub. threshold and is not subject to a high level of County review. He said the item would probably be included in the Consent Agenda. v mcc08b.95 13 08/17/95 I . ( , '. . . . j ... , '. , i-) Commissioner Berfield agreed. She said the public can address the PPC and County at thair meetings. She said if the City Commission approves the CPD. it is not a ,t 1 000/0 done deal." She questioned the major difference between CPO and Commercial General (CG). Mr. Richter said CG has specific requirements for setback, etc. while approval of a CPO is based on its overall merits. Commissioner Berfield questioned if a CPO is more protective than CG. Mr. Richter said CPO is more flexible and more protective. Mayor Garvey questioned if the original intent was to locate the building where the, trees are. Mr. Richter said that was correct. Commissioner Barfield questioned if the applicant had wanted to remove the trees under CG, would he have to get a permit first. Mr. Richter said that was correct. Commissioner Berfield suggested saving the trees was a moot point. Mr. Richter agreed. Mr. Cline said the more important reason to use the CPO designation was to limit the uses of the property. He said no limits exist on straight CG zoning. Commissioner Thomas said the size of buffer between Gulf-to-Bay Boulevard and the residential lot is more than 14 feet. Mr. Cline said the buffer is 23 feet wide on one side and 100 feet wide on the other. "~"' , , Robert R. Meador, owner of the subject property, indicated his parents built the service station approximately 50 years ago. It needs to be modernized. In 1989, he obtained Lot 2 in order to expand the service station. He said he was very concerned regarding the trees and did his best to save them. He reported 20 of the 21 trees on the CPO are saved. He said the station needs additional space for safety. He felt the CPO will beautify the entrance to Bayview. He said he met with the neighbors to work out a compromise. He pointed out he had agreed to leave half of the lot as buffer, to put up a fence. and locate the retention pond according to neighborhood direction. '. J "_0' John Hubbard objected to being limited to twenty minutes because he needed more time to present his case. He requested the City Commission focus on what they are dealing with. He said there is no public benefit for the rezoning. He noted the plan is to replace a 350 square foot convenience store with one that is 1,500 square feet. He proposed the intent of the rezoning defeats the intent of the development code. He said 70 changes have occurred to the plan since the original plan to rezone this property was filed in December 1993. He said after this issue has been on the table for 20 months. the only change is that a commercial use will intrude into a residential area. He estimated the property would triple in value if the CPO is approved. Mr. Hubbard said the request does not meet all 11 standards required by law. He noted the code says the City will make up regulations later. He said the required historic overlay had not been accomplished. He read from the historic survey that 12 historic structures exist in the Bayview area. He said the survey recommended the City develop a long range management plan. He felt it was premature for the City Commission to make a decision regarding the rezoning. Mr. Hubbard said staff recognizes this situation and referred to Scott Shuford's March 23, 1995. memorandum to the City Manager regarding the potential for development on area property. He requested the memorandum be part of the record \~ mcc08b.95 14 08/17/95 ,,," '~, , " . " ' ' " < ",'- I.'"'. . "II" /_ t;'''o I' ~ lExhibit A). Mr. Hubbard referred to an August 9, 1995, letter from Scott Shuford to Allan Stowell regarding staff's plan to contract with the Florida Center for Community Design and Research to develop a scope of work for the area. He said the City's comprehensive plan requires the overlay district to be complete by 1992. He said failure to develop that overlay has resulted in the destruction of a house that had to be demolished. He felt that was the first bite of the neighborhood. Mr. Hubbard said the comprehensive plan includos strategies to preserve neighborhoods. He said that was not done in this case and stated the proposed CPO is a violation of the City's comprehensive plan. Randall Kranjec. a Planning Manager with Tampa Bay Engineering said he has reviewed hundreds of plans. He said the proposed zoning must be in keeping with the City's comprehensive plan that indicates site plans should discourage commercial strip zones. He said if this site was undeveloped, it would not qualify for this rezoning. He indicated just because all property on Gulf.to-Bay Boulevard is commercial does not make it good. He said he had not seen the housing element contained in the neighborhood preservation scale. He referred to Mr. Shuford's March 23,1995, memorandum and recommended the City Commission postpone or deny the request until the neighborhood study had been completed. Mr. Kranjec expressed concern regarding the variety of uses that could occur on the property. He said any commercial development of this site would encroach on the quiet residential neighborhood. He said substandard lots would be created. He reiterated a CPD requires a minimum of four acres. Mr. Kranjec felt none of the criteria was met regarding this proposal. He said approval of the CPO would set a precedent. He exhibited a site plan base on the existing lot. <~.) Mr. Cline questioned the number of trees saved and the amount of impervious lot coverage existing in Mr. Kraniec's version. Mr. Kraniec believed most of the trees were saved and estimated the impervious lot coverage at 30%. Mr. Cline said the impervious coverage looks larger. Mr. Cline questioned if the retention area in Mr. Kranjec's plan was for a 100 year storm. Mr. Kranjec said the retention pond is located in the lot's southern corner and meets the 25 year criteria per City standard. Commissioner Thomas Questioned Mr. Hubbard's opinion regarding the domino effect. Mr. Hubbard felt this CPO is the first chipping away of the Bayview neighborhood. He said it will be hard for the City Commission to turn down the next request. He expressed concern the owners of the adjacent mobile home park want to build a shopping center on their land. He said the Wilder Corporation that owns the other mobile home park offered no objections to the CPD proposal and has commercial hopes for that property. He expressed concern Mr. Meador tried to rezone Nancy Meador's house ten years ago. He said Mr. Shuford's March 23, 1995, memorandum recognizes the importance of precedental action. He said the proposed residential lot will not work as the drainage pond and berm cover a significant portion of the lot. Commissioner Thomas questioned if the City grants the CPO, would future City Commission's face any legal liability if they refused to change the zoning for the mobile home parks or Mr. Meador's other property. The City Attorney said each application would need to be examined on its own merits. She said there would be no problem unless the ~~ mcc08b.95 15 08/17/95 . . ~ . ." ~ ~,.. . '..! ~ . ~ , j ~. #' ~ I . . t 1M It"'" :~ refusal is arbitrary and capricious. She indicated tho surrounding uses are rolevant but not conclusive. Mayor Garvey noted the mobile home parks are zoned residential but have a higher density than normal single family residential zoning. Mr. Richter said the parks are older and have 12 units per acre. Ronald Scagglione said he leases the convenience store on the other side of Bayview Avenue from Mr. Meador. He safd he spent a great deal of money renovating the store after questioning Mr. Meador regarding his futuro plans for the FINA station. Mr. Scagglione submitted pictures showing the property before and after his renovations. He warned there would be legal ramifications against Mr. Meador If the CPO Is approved. He expressed concern his successful business will fall. He noted only three tackle shops currently operate in Clearwater~ Patty McCune said she totally opposed the rezoning. She did not want her children exposed to pollution. She expressed concern the CPD would be a cancer starting down Bayview Avenue. (,:~J ," Joe Evich, President of the Clearwater Coalition of Homeowners, said they support Bayview in their opposition to the proposal. He said the neighborhood needs to be protected. He suggested the City purchase the mobile home park if it is interested in historic preservation. He agreed property owners have the right to expand but felt this proposal was an encroachment into the residential area. Julie Castinita said she recently moved into the neighborhood. She said if she thought this would happen. she would have never bought a house there. She said she has peace of mind in the neighborhood as it is currently'developed. She said if the domino effect occurs, the current beauty will not return. She said Bayview residents came out to defend their home and hearth, their childrents safety and the trees. She said if the City Commission did not share their values, they should approve the proposal. She said if they approve the proposal to remember the neighborhood votes. Scott Castinita agreed with his wife's statement. He said he bought his house from a person who said the neighborhood was safe but did not advise him regarding this proposal. He saved all of his life to purchase a house where he can raise his son. He questioned the public benefit of the proposed development. He felt the only benefit was to Mr. Meador. Jean Channey has been a visitor of Clearwater for 10 years and a resident for three. She expressed concern regarding the development as the Bayview area is the Countyts most historic area and is eligible to be listed in the register of historic places. She said the neighborhood offers quietness and serenity. She urged the Commission not to allow future commercial expansion and to protect the neighborhood. Terry Dobking felt the proposal should be denied in the public interest. He visited the residents in the remaining mobile home park who signed a petition supporting denial of y mcc08b.95 16 08/17/95 . .', .' ; .: . ~ '~. " " , 'l j .., . >" :~ this request. He said neighbors of Bayview value it and do not want it adversely affected. He said Mr. Wilder had raised the rent to drive the residents out so he could request commercial zoning for the property. He noted the other mobile home park had approached the City regarding development. He said the City is making it difficult to replace that use with something similar. Jack Alvord said only three CPD's have been approved in Clearwater: Loehman's Plaza, Home Depot; and Walgreen's. All have more than four acres. He said this lot is too small and Its approval would be a special privilege The Mayor indicated not all CPO's in Clearwater are included in the list. Bryan Mullen said he and his neighbor, Early Sorenson, had attempted to vacate a right-of-way between their properties. He said no one objected to the proposal until Mr. Shuford said a study was being done and recommended delaying the decision until the study is completed. He questioned why this change was being considered and a special meeting was being held to provide a special privilege. He said he was not seeing much concern regarding citizens' rights. He felt City staff supports commercial interests and questioned the balance. ~~~::~) Barbara McMullen Sartow said her mother owns the adjacent property. She said she had spoken with Edith Booth during the 1980ls regarding living on Gulf-to-Bay Boulevard. She said Ms. Booth had indicated she and her spouse had lived in the house by Gulf-to~Bay Boulevard for nearly 30 years and did not object to the traffic noise. Only after her spouse died and children moved away did Mrs. Booth sell her house. Ms. Sartow said the house was maintained during those years. She said Roy Meador's father bought the lot where the service station stands out from under her family. The Commission recessed from 10:21 to 10:28 p.m. Ms. Sartow said a four foot chain link fence currently separates the commercial and residential uses. She said the Booths and their numerous children had lived on the property to the north for more than 20 years and only left because of failing health. Allen Stowell displayed a map made by piecing zoning maps together. He indicated the majority of the property between McMullen-Booth Road and Clearwater Mall is zoned residential. He noted the gasoline station was totally rebuilt in 1976 and no right-at-way has been taken from the lot since then. He said the application was misleading because it implied the continuing widening of Gulf-to-Bay Boulevard had decreased the size of FINAls lot. Mr. Stowell said the 1976 remodeling met all current codes. He expressed concern regarding the likely conversion of the mobile home park to a commercial use. Gerald Logerman said he recently built a very expensive home on the water. He said the Bayview area is really nice and historical. He expressed concern property values would decrease. Early Sorenson submitted a petition signed by approximately 500 customers of the bait shop to deny the request, a FAX transmission from FDOT Planning District Seven ~4 mcc08b.95 17 " 08/17/95 , " ' ~ ,: . ,\.. , ~ . \ . .. ' ' - ' .'. ,,-- ...-.... ( regarding the Level-of-Service (LOS) on Gulf~to-Bay Boulevard and an affidavit regarding his conversation with Nancy Evans, Manager of FDEP.s Tanks Program. He said the issue is the pub:ic's interest. He said aU other City CPOs are larger. He said this proposal is not in the public interest. Mr. Sorenson said he is a Professional Engineer and doubted any cleanup of the pollution would occur because it could cost between $50,000 and $300,000. He said the neighborhood has no flooding problems and felt the lengthy stormwater plan was superfluous. He said the LOS on Gulf-to-Bay Boulevard is "F" and suggested it is not in the City's interest to increase traffic on that road. Lee Regulski said nine years ago a similar rezoning request was denied. He said it was still appropriate to deny a rezoning. He expressed concern the domino effect would engulf the neighborhood with commercial development. He indicated the City has been frustrated with the State's efforts to improve Gulf-to-Bay Boulevard and noted the LOS is rated uF. tI He noted the proponents have argued the impact would be minor. He said the County now laments regarding massive development on Ulmerton Road by the airport. He said appropriate residential land uses remain profitable in the Bayview area. He said a density of eight to twelve units per acre was better than commercial zoning. He suggested the City Commission not abuse the intent of the land development code. "J'-" ~. ~ t~+~... f' Anne Garris said she was a member of the EAB but was not speaking for the board. She said she has watched special parts of Clearwater be lost because it was too late to do anything about it. She noted the City's green spaces disappear one little piece at a time. Ms. Garris recommended the City Commission hold the line somewhere and suggested the applicant makes do with what he has. Breck Parker said the neighborhood is tired of fighting. He said they love the area and are just trying to fight for their homes and neighborhood. He expressed concern the City would be unable to enforce a pollution cleanup. Mr. Parker reviewed the history of the site. He warned not to let this foot in the door. He said the applicant has suffered no hardship regarding the present use and is pumping a great deal of gas. Lisa Lanza. member of the Suncoast Sierra Club, said their first concern was regarding the gasoline storage tanks and the clean up. She said they were also concerned about the importance of historic preservation. The Sierra Club suggested the City buy the property. She said the EAB was concerned that the City retain its right to deny issuance of the building permit. Mary McMullen said she owns the property behind the service station. She requested a proper disposal of this issue tonight. She said she wants to feel safe in her home. Sharon Oaks said she was the previolJs City Engineer for Gainesville, Florida. She requested the City Commission deny the request because the applicant has not shown that all requirements have been fulfilled. She said the benefits articulated by Scott Shuford can be met without this change. She said no written staff comments specifically address code requirements, She expressed concern regarding the viability ot the proposed residential lot ~; mccOBb.95 18 08/17/95 . ~ l l .' '. " " . ...... >' .' 1" I, ' ~'''''. . ,. I.'.":. t.. r~ and indicated an ingress/egress easement will be required. She questioned the benefit of constructing an oversized pond and the public interest in approving the request. Mr. Cline indicated he had no rebuttal. In his conclusion, Mr. Hubbard said the City Commission needs to focus on what is happening. He said the proposal would cause a commercial area to intrude into a residential area. He noted staff recommended denial of the request for a straight commercial rezoning because they felt the proposed intrusion was improper. He said the available uses for the current site are appropriate. He said the development would adversely affect the neighborhood and was not consistent with the land development plan. He felt the change is premature because no historic overlay or preservation plan have been completed. He expressed concern a precedent would be set. He said the resulting residential lot is unreasonable. He referred to Scott Shuford's March 23, 1995, memorandum and said that had expressed grave concerns regarding area properties. He said the CPO does not provide the protection staff is leading people to believe. He said the development does not meet the required eleven standards and urged to City Commission to deny the application. \~~) In his conclusion, Mr. Cline said this application represents the most reasonable rezoning application the City will ever receive. He said the request is to add only .3 acres to an existing commercial use. He suggested a domino effect could occur if the CPO is not approved. He said if the current service station fails, less desirable commercial uses could take its place. He said the applicant wants to enhance his property and noted the CPO governs the use on the site. Mr. Cline said the site plan's design was based on neighborhood input. He said the change would not adversely impact Bayview's history. The neighborhood and the applicant want the same thing, a healthy neighborhood. He said the changes were appropriate because the circumstances of the adjoining roadway have changed dramatically. The status quo is not in anybody's interest. Mr. Cline reported the City's professional staff and citizen P&Z have indicated the change will result in nine public benefits. He said traffic safety and parking will be improved and trees will be saved. The development will have no adverse effect on the neighborhood. He said the application is legally justified and he urged the City Commission to vote approval. He said the change was best for the community. Mayor Garvey said the site plan meets the City's standards and protects the neighborhood with a buffer. She said many requirements were exceeded on the site plan. She noted the P&Z had voted for approval of the CPO. Commissioner Johnson said he heard everything said tonight. He had thought hard about the proposal and did not think it would hurt the neighborhood. He indicated he agonized over his decision. Commissioner Justice said he had agonized over his decision, too. He said he visited the area many times and had concerns regarding establishing a precedent. He felt the proposed site plan will enhance the property. h;-~..; ~ mccOSb.95 19 08/17/95 . II , ,/. ~' .' . t , ... . j > ~' , , ' ,.. ''''', ' '~ :~ <) ,\ \\ ~ Commissioner Barfield said there was no right or wrong answer. She expressed concern future expansion of the commercial area will occur. She did not agree the development should have been allowed a CPD designation. She agreed with the decision nine years ago to deny rezoning. She said d denial would not deprive the applicant of use of the property. She could not find a public benefit to the proposal and pointed out the applicant can buffer the property currently. She said the proposal does not meet all City codes or the comprehensive plan. She said no historic overlay had been completed. She expressed concern the nearby mobile home parks would also request commercial zoning. Commissioner Berfield indicated the CPO creates a substandard lot which would result in the City Commission being approached soon tor rezoning. She felt the CPO represented very bad planning. She expressed concerns a future use of the service station property could be objectionable. She pointed out the City supports the arts, etc. but noted Clearwater seems unwilling to support historic preservation. Commissioner Thomas said the proposal violates many laws. He indicated Mr. Meador knew about on site pollution in 1987 but did not address the matter promptly. He expressed concern the City has no enforcement powers regarding the proposed pollution clean up. He said laws governing the CPO clearly state that unless the proposal is in the public interest, the City Commission cannot approve it. Commissioner Thomas disagreed the application is in the public's interest. He noted no one from the public in favor of the development is in the audience. He felt tha applicant has responsibilities to the community that are not being met in the proposed CPO. Commissioner Thomas said seven of the eleven standards of approval have not been met. He said the development is incompatible with other area uses. He expressed concern approval would grant a special privilege to the applicant. He referred to the delay of a right~of-way vacation because of a study and noted the study has not yet been completed. He felt the CPO will conflict with the needs of the neighborhood and causa traffic levels on the "FII rated corridor to get worse. He said the proposal does not enhance health. safety and welfare. Commissioner Thomas felt the proposed CPO will not further the spirit of the land development code. He expressed concern the application violates the City's comprehensive plan and violates City law. He said Bayview is the birthplace of Pinellas County. Commissioner Thomas expressed concern staff had not done their job in placing the area on the national registry in time. Commissioner Berfield moved to deny the Future Land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to Commercial Planned Development for Part of Lots 1 and 2, Btock 3, Town of Bay View a/k/a McMullen Bayview Subdivision, Lot A, Bayview City Subdivision and the vacated street right-ot-way between Lot A and Lots 1 and 2/509 Bayview Avenue, 508 Meadowlark Land, and 3009 Gulf-to-Bay Boulevard/south side of Gulf-to-Bay Boulevard between Bayview Avenue and Meadowlark Lane. The motion was duly seconded. Commissioners Barfield and Thomas voted "Aye": Commissioners Johnson and Justice and Mayor Garvey voted "Nay." Motion failed. Commissioner Justice moved to approve the Future land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to Commercial Planned Development for Part of Lots 1 and 2, Slack 3. Town of Bay View a/k/a McMullen Bayview Subdivision. Lot mcc08b.95 20 08/17/95 . . . . >' .' .':0.. '.. . , " ,",r'"h . ~ ' ,"-'" A, Bayview City Subdivision and the vacated street right-of-way between Lot A and Lots 1 and 2/509 Bayview Avenue, 508 Meadowlark Land, and 3009 Gulf-to-Bay Boulevard/south side of Gulf-ta-Bay Boulevard between Bayview Avenue and Meadowlark Lane. The'-motion was duly seconded. Commissioners Johnson and Justice and Mayor Garvey voted "Aye": Commissioners Barfield and Thomas voted "Nay." Motion carried. The City Attorney presented Ordinance #5741-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5741-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Justice and Garvey. "Naysll: Barfield and Thomas. Motion carried. The City Attorney presented Ordinance #5742-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5742-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes":, Johnson, Justice and Garvey. ~ ..;'') ~s: "Nays": Berfield, Thomas. Motion carried. Commissioner Berfield thanked Mr. Richter for filling in for Scott Shuford. ITEM #9 - (Cont'd from 07/20/95) Variance's) to Sian Regulations for property located at 387 1/2 Mandalay Ave., Barbour-Morrow Sub., Blk. A, Lots 23-25 (Homer Realty, Inc. / Wedgwood House Estate Jewelers, SV95-31) The subject property, located on the east side of Manda/ay Avenue north of Marianne Street, is zoned Beach Commercial. The variance is requested to permit the existing signs to remain. The property has four small shops next to the public sidewalk on Mandalay Avenue. Each shop has a canopy sign of like color, size and design. The variances are for the jewelry shop that is permitted a total of 22.5 square feet of attached sign area. The applicant requests variances to allow 34 square feet of attached signs, or 2.27 square feet of sign area per foot of storefront width. Additionally, the applicant requests variances to allow five window signs instead of the maximum three permitted by codel and a total of seven attached signs instead of the maximum five permitted by code. '-- mcc08b.95 21 08/17/95 _' "I", . . .. 1 " l " . _ ~ ....-.., I , The jewelry store's appearance does not detract from the business district's appearance. The motif of the canopy signs reinforces the complex's cohesiveness. The jewelry store's window signs are nonilluminated, low impact signs. The canopy and window signs serve different purposes. Canopy signs are directed to motorists on Mandalay Avenue and pedestrians across the street from the jewelry shop. Window. signs are directed to pedestrians on the sidewalk in front of the jewelry shop. Staff feels strict enforcement of the code would not enhance the appearance of the beach or City. James Martin, attorney representing the applicant, verified photographs of the property presented him by Mr. Richter. He said the jewelry store has been on the beach for 20 years and the signs have been in the window for 1 5 years. Commissioner Thomas moved to approve the following variances: 1) an area variance of 11.5 square feet from the permitted 22.5 square feet to allow attached signs with a total area of 34 square feet; 2) a ratio variance of 0.77 square feet of attached sign area per foot of building width to allow 2.27 square feet of attached sign area per foot of width; 3) a variance of two window signs to allow five window signs; and 4) a variance of two attached signs to allow a total of seven attached signs, on property identified as Lots 23, 24 and 25, block A, Barbour-Morrow Subdivision, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). The motion was duly seconded and carried unanimously. ITEM 1110 - Variance(s) to Sian Reaulations for propertY located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33) "'"'} f ., ."?f"" The applicant had to leave and requested this item be continued. Commissioner Berfield moved to continue this item to September 7, 1995. The motion was duly seconded and carried unanimously. ITEM If 11 - Public Hearina - Vacatina a oortion of North/South allev north of Pierce St., between Ft. Harrison Ave. & Osceola Ave., platted as Division Street in Blk. B, John R. Davey Sub. (Peace Memorial Presbyterian Church, V95-' 0) (EN) The applicant requests to vacate the southerly 146.58 feet of the 28-foot paved north/south alley running north off Pierce Street between S. Ft. Harrison Avenue and Osceola Avenue, platted as Division Street in Block B, John R. Dave Subdivision. The applicant would like to fence off the paved alley to prevent vehicular traffic from endangering children who attend the church's nursery. The City has an existing natural gas line and sanitary sewer main located in the alley. Engineering Services objects to this vacation since the general public uses the alley to reach the Pinellas County Metropolitan Planning Organization and Utilities Department. The County's utility bill payment drop box is accessed from the alley. City Solid Waste trucks use this alley to access a dumpster between the church school and County building. All other City departments/divisions concerned with this request have reviewed the petition and concur with the comments made by Engineering Services. ~'''4~ mcc08b.95 22 OB/17/95 ~ , . .' . . , " '.. . .. . ~ .. ," . , , , f~ Florida Power and GTE have facilities in this alley and will require an easement be retained. Time Warner Entertainment-Advance/Newhouse has no objections. The City Engineer reviewed the comments submitted by reviewing departments and recommends denial of the applicants' request. Mr. Baier said staff recommended denial of the request because the access is used. He said he discussed the issue with the pastor who has indicated he is willing to work with staff to design a gate or other means to protect the children. Commissioner Thomas moved to deny the applicants' request to vacate a portion of the north/south alley north of Pierce Street between Fort Harrison Avenue and Osceola Avenue. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearina - Res. #95-65 - Approving a new Community Redevelopment Plan for the Community Redevelopment area located in the downtown area of the City (City Manager) On October 17, 1994, the Community Redevelopment Agency (eRA) was authorized to contract with Hanson Taylor Bellomo Herbert to prepare a downtown plan. The major emphasis in preparing this plan was to use significant public input: 1) Public Issues Workshops - two centrally held workshops were publicly advertised and invitations were sent to over 60 potential participants and 2) Visual Preference Survey (VPS) - VPS was administered in live and televised sessions as the primary vision and consensus technique. " ) '.............' From these efforts, a plan with a clear vision for downtown has emerged. Downtown desires to be: the traditional Town Center - a small scale place that meets Clearwater's needs as the government center, with support commercial and retail use; an entertainment district; a new interior lake and park; and a new residential focus and amenity structure built around Coachman Park. On June 14, 1995, the CRA Board of Trustees unanimously approved the plan with two amendments: 1) the Memorial Causeway Bridge will use the Drew or Pierce street alignment and 2) commercial/entertainment at Cleveland and Missouri Streets (East End) will be designated mixed-use to allow the zoning and construction of residential, commercial and entertainment projects. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the downtown redevelopment plan. Anne Garris expressed concern leaving issues regarding the bayfront in the plan would let something go by that should not. She said a reverter clause on the bayfront land and the City's history indicate the bayfront should not be developed. Ms. Garris questioned if the comprehensive plan includes a proposal to extend the Harborview Center to the waterfront, build two restaurants on the bayfront and assorted retail to serve the proposed marina, construct a hotel on the bluff and a parking lot under the bluff. She noted the City's comprehensive plan 22.2.9 orders the City to protect Clearwater's ~ mccOBb.95 23 08/17/95 . i '. . , .' ", " .', ,. , ',' '-.... r .1 bayfront from undesirable land use plans and further construction. She said the bluff is topographical feature unique to Clearwater and should be protected. Ms. Garris said she realized any construction would be subject to referendum. She said she was excited about the rest of the plan. She noted the importance of green area. Ms. Garris expressed concern the plan will have a negative effect on Clearwater beach. CRA Executive Director Peter Gozza said the plan does not guarantee anything will be done. He agreed the bluff cannot be developed without approval of a referendum. He said the P&Z found the plan to be in compliance with the comprehensive plan. He said no plan before has gone through so much scrutiny and input. Mayor Garvey referred to a letter from David Stone suggesting the City delineate the incentives. She noted staff purposely did not do that. She questioned if the City is required to address housing. Mr. Gozza indicated that was correct. Commissioner Justice said he was for the plan except he would not compromise to permit building on the bluff. He indicated he would vote against such development on the bluff. Mr. Gozza said the plan is simply a guide for the CRA. Commissioner Thomas said he would do nothing that encouraged construction on the bluff. He noted citizens would have to vote on the issue. He said he will lead the fight against development on the bluff. He said he had no problem with the proposed marina. .' ~.~.... , \ 1.....",,1 Commissioner Berfield requested Mr. Gozza reiterate that the City Commission is not being asked to approve development on the bluff. Mr. Gozza said the eRA plan is only a concept. He noted if the bridge alignment is off Pierce Street, he suggested that area may be better for office rather than the residential uses suggested in the original plan. Commissioner Thomas moved to approve the Community Redevelopment Agency's Downtown Plan. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-65 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-65 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vota was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #13 - Public Hearing & First Reading Ord. #5820-95 - Amending Sec. 42.34 - LDCA re parking space formulae (LDCA 94-28) A recent survey conducted by the Agency for Bay Management indicated local zoning ordinances in the Tampa Bay area require more parking for large commercial developments than necessary. In response, planning staff reviewed suggested parking ~ mcc08b.95 24 08/17/95 , .. , . >.. ,., '" ,'" .' I.' , '" . > ' '. ,~ space formulae from several credible sources and recommended adjustments to the City's parking space requirements that pertain to a wide range of uses. The proposed revisions will have little or no effect on parking space requirements in the downtown core where substantial reductions and flexibility already exist. Certain downtown uses are identified as "preferred" because they contribute most to downtown's vitality. Retail sales, offices, personal services, residential, restaurant and entertainment uses have lower parking requirements downtown. Other uses, such as community services, assembly uses, manufacturing and warehouses have standard parking requirements. Additionally, all downtown uses may, with City approval, rely upon public parking spaces to fulfill parking needs. One May 25, 1995, the Development Code Adjustment Board unanimously recommended adoption of the ordinance with several changes proposed by staff: 1) clarification of how the ordinance is applied; 2) revision to the grass surfacing requirements; and 3) increases to proposed parking for general and medical offices. These changes are included in the ordinance. Commissioner Berfield moved to approve the land Development Code amendment concerning parking space formulae. The motion was duly seconded and carried unanimously. \ '"J''' '", The City Attorney presented Ordinance #5820-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5820-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. Public Hearina - Second Reading Ordinances ITEM #14 - (Cont'd from 08/03/95) Ord. #5861-95 - Annexation for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot 20 (Rowe, A95-12) The City Attorney presented Ordinance #5861-95 for second reading and read it by title only. Commis~ioner Berfield moved to pass and adopt Ordinance 115861-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey lINays": None. ITEM 1115 - (Contld from 08/03/95~ Ord. #5862-95 - land Use Plan Amendment to Residential Low for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, LUP95-14) ~ mcc08b.95 25 08/17/95 , . . I' . .... . I.' I.. . I . , ........ I " The City Attorney presented Ordinance #5862-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5862-95 on second and final reading. The motion was duly seconded and upon roll cal/. the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #16 - (Cont'd from 08/03/951 Ord. #5863.95 ~ RS.8 Zoning for property located at '528 Stevensons Dr., Stevenson's Heights, Elk. A, Lot 20 (Rowe. A95-12) The City Attorney presented Ordinance #5863-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5863-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes"; Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #17 - Ord. #5869-95 - Amending Sec. 2.60(3), relating to term of members of the Environmental Advisory Board ,.......... '\ , ) -~.. The City Attorney presented Ordinance #5869-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5869-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: lIAyes"; Barfield, Thomas, Johnson, Justice and Garvey "Nays"; None. ITEM #18 - Ord. #5870-95 - Annexation for property located at 109 Meadow Lark Lane B, Bayview City Sub., Blk 2, Lots 1 & 2 and abutting alley to South (Kadlec, A95-14) The City Attorney presented Ordinance #5870-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5870-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes"; Barfield, Thomas, Johnson, Justice and Garvey "Naysll: None. ITEM # 19 ~ Ord. # 5871-9 5 - Land Use Plan Amendment to Residential Urban for property located at 109 Meadow lark Lane S, Bayview City Sub., Blk. 2, lots 1 & 2 and abutting alley to South (Kadlec, LUP95.16) w mcc08b.95 26 08117195 " , . ' , '..., .' " ',.," ,~:f..,: " , ~ The City Attorney presented Ordinance #5871-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 1/5871-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfieldl Thomas, Johnson, Justice and Garvey "Nays": None. ITEM 1/20 - Ord. #5872-95. RS-a Zoning for property located at 109 Meadow lark lane B, Bayview City Sub., Blk. 2, Lots 1 & 2 and abutting alley to South (Kadlec, A95-14) The City Attorney presented Ordinance 1/5872.95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 1/5872.95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield. Thomas, Johnson. Justice and Garvey "Nays": None. ITEM #21 - Qrd. #5873-95 - CG Zoning for property located at 1969 Sunset Point Rd.. Pinellas Groves Sub., SW 1/4, part of Lots 1 & 2 (Sauder, 295-03) t. '~'!i 1; ,~~.<.i''' The City Attorney presented Ordinance 1/5873-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5873-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield. Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #22 - Ord. #5874-95 - CPD Zoning for property located at 705, 707, 709 & 711 Jasmine Way, Magnolia Parkl Blk 31, Lots 2-5 (Smolensky and Kornreich, 295-04) The City Attorney presented Ordinance #5874-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5874-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #23 - Ord. #5878-95 - Annexation for property located at 412 Oakmount Rd., Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, A95-17) The City Attorney presented Ordinance #5878-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 1/5878-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: ~ mcc08b.95 27 08/17/95 ''1 r ; tt Ayes"; Berfield, Thomas, Johnson, Justice and Garvey IINays": None. ITEM #24 - Ord. #5879-95 - land Use Plan Amendment to Residential Low for property located at 412 Oakmount Rd., Oakmount Sub.,'Lot 2 and abutting r-Q-W (Clark. Jr. and Warren, LUP95-19) The City Attorney presented Ordinance #5879-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5879-95 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #25 - Ord. #5880-95 - RS-6 Zoning for property located at 412 Oakmount Rd.. Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, ASS-1?} The City Attorney presented Ordinance #5880-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5880-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "..f:..... i*...) "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #26 - Ord. #5881-95 - Annexation for property located at 1236 Kapok Circle, Kapok Forest, Lot 14 (Sario and Hassell, A95-18) The City Attorney presented Ordinance #5881-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5881-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: IIAyes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #27 - Ord. #5882-95 - Land Use Plan Amendment to Residential Low for property located at 1236 Kapok Circle, Kapok Forest, Lot 14 (Sario and Hassell, LUP95-20) The City Attorney presented Ordinance #5882-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5882-95 on second and final reading. The motion was duly seconded and upon roU call, the vote was: UAyesu: Berfield, Thomas, Johnson, Justice and Garvey I '"-' mcc08b.95 28 08/17/95 . . l ' '... ' ~ I ... " . . " '" , t"~f' . I~ "Naysll: None. ITEM #28 - Ord. #5883-95 - RS~6 Zoning for property located at 1236 Kapok Circle, Kapok Forest. Lot 14 (Sario and Hassell, A95-18) The City Attorney presented Ordinance #5883-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 115883-95 on second and final reading. The motion was duly seconded and upon roll call. the vote was: IIAyesll: Berfield. Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #29 - Ord. #5884-95 - Annexation for property located at 1238 Brookside Dr., Meadow Creek Sub.. Blk. C, Lot 10 (Coulter, A95-19) The City Attorney presented Ordinance #5884-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5884-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey . ~.......".~..\ ...~..~; "Nays": None. ITEM #30 - Ord. #5885-95 - land Use Plan Amendment to Residential Low for property located at 1238 Brookside Dr., Meadow Creek Sub., Blk. C, lot 10 (Coulter, lUP95-21) The City Attorney presented Ordinance #5885-95 for second reading and read it by title only. Commissioner Barfield moved to pass and adopt Ordinance #5885-95 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Barfield. Thomas, Johnson, Justice and Garvey "Nays": None. ' ITEM #31 - Ord. #5886-95 - RS.4 Zoning for property located at 1238 Brookside Dr., Meadow Creek Sub., Blk. C, lot 10 (Coulter, A95-19) The City Attorney presented Ordinance #5861-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5861-95 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Barfield, Thomas, Johnson, Justice and Garvey "Nays": None. w mcc08b.95 29 08/17/95 .~ . ' . . , i ~ . . ., ~ ' . I~ ITEM #32 - Ord. #5887-95 - Relating to Utilities; amending Appendix A - Schedule of Fees, Rates & Charges to provide new Gas Rates & Service Charges for the Clearwater Gas System The City Attorney presented Ordinance #5887-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5887-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Jo~nson, Justice and Garvey "Nays": None. ITEM #33 - Ord. #5888-95 - Relating to the Community Redevelopment Agency; providing for repeal of Ords. #2576-81 & #3021-83, which adopted and amended the redevelopment plan for downtown Clearwater; providing for proper notice The City Attorney presented Ordinance #5888-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5888-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Naystl: None. t;;) Commissioner Berfield moved to continue the meeting past midnight. The motion was duly seconded and carried unanimously. . ITEM #34 - Soecial Items of widesDread DubHe interest a) Memorial Causeway Bridge Feasibility Study - accept report in order to set "groundwork" for project, direction requested to proceed re funding source & future design study type (EN) Commissioner Berfield moved to continue this item to September 7, 1995. The motion was duly seconded and carried unanimously. Mr. Baier expressed concern citizens are confused regarding this proposal. He said the proposal is the first leg of the design and permitting process and not just a survey. ITEM #35 - Citizens to be heard re items not on the Aqenda - None. The Commission recessed from 12:05 to 12: 15 a.m. CITY MANAGER REPORTS CONSENT AGENDA (Items 1136.45) ~ mcc08b.95 30 08/17/95 , .'. ' ," , ' ' . .. < .. . . ~", ~ I"(EM #36 - Contract extension for pudit services with Coopers & Lybrand, for FY ending 09/30/95, for a total fee not to exceed $93,300 (FN) ITEM #37 - Contract extension for ourchase of Black 3408 oolvethvlene Dioe with M. T. Deason Co., Inc., Birmingham, AL, for the period 12/14/95 -12/13/96, at an estimated $1,018,375 (GAS) ITEM #38 - Contract renewal for Unlsvs A-4 & A-6 computer software tlcenses to Unisys Corp.. Tampa, FL, for the period 10/01/95 -09/30/96, for $52,681 (1M) ITEM #39 - Contract renewal for hardware maintenance/operating sy~tem SUODort on the Utilities & Finance VAX 4000-300 computers to Digital Equipment Corp., Tampa, FL. for the period 10/01/95 -09/30/96, for $45,310.44 {1M} ITEM #40 ~ Purchase of 2 high soeed taser printers & installation for Utility Building to Dynamic Solutions International, Englewood, CO, for $39,380; authorize lease/purchase through City agreement with Barnett Bank (1M) ITEM #41 - Contract for hardware maintenance of the Unisvs A-4 & A-6 mainframe comouters to Digital Equipment Corp., Tampa, FL, for the period 10/01/95 -09130/96, for $33,987.96 (Consent) I""') .'j,~ ITEM #42 - Contract extension for subscriotion services for librarv materials with Ebsco Subscription Services, Birmingham, AL, for the period 10101/95 -09/30/96, at an estimated $65,000 (LIB) ITEM #43 - Contract for 1995 Gunite Restoration to Infrastructure Services, Inc./ISI Operating Corp., Franklin, TN, for $323,711 (EN) ITEM #44 - Contract for Hamoton Road Widenina (Gulf to Bay Blvd. to Drew St.) to R. E. Purcell Construction Co., Inc., Odessa, FL, for $588,473.97 (EN) ITEM #45 ~ ReceiotlReferral - LDCA to modify restrictions on vending machine signage (LDCA 95-17) (CP) Commissioner Berfield moved to approve the Consent Agenda as submitted 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 - First ReadinQ Ord. #5890-95. Amending the provisions of Div. 3 of Art. 5 of the City's Code of Ordinances, adopting a revised Employees' Pension Plan, providing for a referendum election relating to the pension plan (eM) During collective bargaining negotiations, City representatives met with representatives of a coalition of the four unions to negotiate Pension Plan changes in ~ mccOBb.95 31 08/17/95 ,~ \ ~,. . , ., l.'" . , ~ :....} po , - , . .!?!: ." ,.. concept. The representatives agreed to more than twenty changes in concept. Actual language was to be developed and submitted to the City Commission for approval as an ordinance revision. The Plan was then to be submitted to the electorate in a referendum. Major changes include: 1} establishing the Plan as IRS qualified so employees contribute to the Plan on a pre-tax basis; 2} increasing the employee contribution from 6% to 8%; 3} establishing the City's minimum contribution at 7% of covered employee salaries; 4) increasing the benefit computation formula from 2.5% for each year of covered service to 2.75 % for each year; 5) decreasing the minimum job-connected disability from 75% to 66-2/3% of the employee's ave~age salary for the last five years of service; 5} establishing a process ror reassignment of employees who are disabled to the point they cannot perform their job but who can perform useful, meaningful and available work in another position within the City (including a tier system for police and fire personnel); 7) changing the Pension Advisory Committee from a three~person employee-elected Committee to a seven-person Committee comprised of three employee-elected members, three City Commissioners or Commission appointees, and a seventh non-employee member selected by the other six Committee members; 8) providing that the Pension Trustees are the City Commission and providing for final approval authority by the Trustees; 9) providing an early retirement provision for employees with ten years of covered service who reach 65 years of age; providing employees with optional benefit methods on an actuarially equivalent basis; and 10) eliminating the $300 minimum pension. \ " ~~..,j Subsequent to approval of the four collective bargaining agreements, the City engaged the services of the firm, Kalish & Ward, to assist in preparing the draft of the amended Plan. The firm developed an initial draft and provided copies to representatives of the City's four unions on June 23, 1995. On that date, City representatives met with representatives of the Union coalition group and their attorney, Lee Dehner, to receive input regarding language in the amended Plan. On June 29, 1995, a second meeting was held with the Union coalition for additional input. The spokesperson for the Union coalition indicated they felt the Plan's language was still being negotiated. The City felt negotiations were complete and mutual discussion was directed at ensuring that all concepts agreed to were included in the amended Plan. On July 7,1995, a draft of the amended Plan was completed. Copies were distributed to City Union representatives on July 10, 1995. On July 28, 1995, staff met with the Union coalition for further input. Several modifications to the draft proposal were made as a result of that meeting. The City's actuary was provided a copy of the proposed Plan for actuarial review regarding the plan's funding impact and actuarial soundness. A copy of that report has been provided to the City Commission. On October 24, 1995, the amended Plan will be submitted to voters at a referendum. If voters approve the referendum, costs associated with City contributions to the Plan will be based on the annual actuarial analysis and will be included in subsequent budgets. Deputy City Manager Kathy Rice reviewed the negotiating process between the unions and administration. She said the City's position is that an agreement in concept ~ mcc08b.95 32 08/17/95 . . , '/ ' ' ".', 1 . ", " ".,." .. ,". , " ~ .-w. r :'! regarding the proposed changes had been reached. She had letters from the unions indicating all were in agreement. She said when the City Commission passed the union contracts, it was stated clearly the action was done with the understanding that the unions had agreed to changes in the pension plan. Ms. Rice said the changes include items of real benefit to staff and reviewed the changes. Ms. Rice said the biggest issue with the unions concerns disability benefits. She reviewed those changes. She said one of the unions' concerns is reassignment at no loss of base pay. Ms. Rice stated some positions, such as paramedic, receive assignment pay which will not be considered part of base pay. She indicated the Police and Fire Departments have tiers of reassignment. Ms. Rice said the makeup of the Pension Advisory Committee (PAC) has been changed to include three employee representatives, three City Commission members or their representatives and a seventh member voted on by the other six. She said the PAC will make recommendations to the Pension Trustees but would not make the final decision on job connected disabilities. Commissioner Thomas said he thought the PAC would make the final decision. Ms. Rice thought the City Commission had decided to let the Trustees make the final decision. The Mayor noted the City Commission has fiduciary responsibility and should have the final decision. I I , .......,,.~/ Ed Hooper, current PAC chair, agreed with Commissioner Thomas regarding the power of the PAC. He reported the City Attorney had recently attended a PAC meeting and suggested no Commissioners had ever seen the PAC in action. He said PAC members work to protect the Pension Plan. He agreed the pension is flawed and needs a major change but questioned why the Pension Trustees would want the final say. He suggested the procedure would be too time consuming for Commission members as some applications take four months to resolve. He urged the City Commission to reconsider this issue. He noted the unions had intended to change the make up of the PAC to include Commission members. Mr. Hooper questioned why the unions would be stupid enough to change the make up of the PAC if the Trustees made the final decision. Van Horton, President of the International Association of Fire Fighters (IAFF) said his union agreed on the contract but is confused regarding the proposed pension changes. He agreed the union had agreed to some concepts but noted they also had agreed their attorneys would be writing the language. He indicated he had a major problem with the proposed language. He said the union had agreed to sending disabled employees back to work in their department but had not agreed to them working in other City departments. He said if they were forced to work elsewhere, staff would lose their officer positions, would be out of the union and would lose their step increases. He said some would lose between 15% and 20% of their pay. He said that was a lot to lose for someone injured in the line of duty, He urged the Commission not to vote on this plan and negotiate the final items. Mayor Garvey remembered when the contracts were signed, the City Commission was advised that the concepts of the pension had been agreed to. Commissioner Johnson thought it was a finished job. Mr. Horton said the contract has to go through a ratification process. If it is not ratified, it needs to be further negotiated. He said he needed to have some written document to take to membership for their approval. ~ mcc08b,95 33 08/17/95 . ' I ' ' '. ., I. \/ , .' F ,If,. ' I~ ~ ,.OJ, [0:',', ' ," !' ,. Ms. Rice said it was management's belief before the City Commission passed the contracts. the unions had agreed to the changes in the pension plan including steps required to bring the matter to referendum. She said the unions were aware of these items and she firmly believes the City had an agreement. She said the City had offered to engage the union's lawyer to write the language. Sha said the language used to discuss the plan tonight had been attached to a letter to the Union's attorney. She said the Communication Workers of America (CWA) had filed an unfair labor practice which was dismissed. The Commission recessed from 12.:36 to 12:37 a.m. Mr. Horton said the word, concept, was confusing and had many different meanings. He said the changes will affect employees. He said they would rather protect their disability. He said they were not in a rush to send the issue to referendum on October 24, 1995. He recommended the City Commission not rush into a decision but to take the time to do a better job and create a better plan. i . .....'", '''llIol-<'l'1) Commissioner Thomas said this was a disability issue. He felt it was unfair to have disability issues included in the pension plan. He said those with modest disabilities should return to work in their general area of employment, division, or any City-wide position. Mr. Horton said the Police and Fire Departments have a tiered system. He said these ideas may have been presented to them but they never had agreed to them. He said the base pay issue is also a major concern. He expressed concern disabled firefighters would be forced into City-wide positions. Commissioner Thomas questioned if the unions were saying they wished to return to square one. He said the Commission had assumed this was a done deal. He said if the unions have taken a strident position that the pension plan is unacceptable, he suggested wiping the slate clean and renegotiating the entire contract. Mr. Horton said they have been working on the language for 14 months. He did not remember the same concepts as other did. He agreed it would be better to start again than accept the plan as written. Mayor Garvey noted the recommendation had been to renegotiate the union contract and pension package. Mr. Horton said only the concept language in the pension needs to be addressed. He said the concept regarding bringing disabled people back to work needs to be worked out. Mayor Garvey said the union contracts should not have been approved before the pension document was in place. Ms. Rice said the pension document was written out and agreed to. Commissioner Thomas said this was a big package with many pieces and was very confusing. He noted the unions may not want what is on the table. He said the City and unions gave up many things. He expressed concern the union may "throw the baby out with the bath water." Mr. Horton said the way the language is written is more harmful to them. t~ mccOSb.95 34 08/17/95 i + . ~ ,1 . ,. . .. . , ,. , " " .. ~~~,.... ~. ---,'. Commissioner Johnson questioned if this agreement went back for further negotiations. would the unions give up their 4% bonus. Mr. Horton said they would not. Commissioner Johnson said the pension and bonuses were part of the same package. Mr. Horton said on the contract, the union knew what they were getting, word by word. He said the union cannot live with some items included in the pension plan. Commissioner Thomas said he respected the unions' position. He said if that is what the union's want, the whole package should be renegotiated. Peter Fire, President of the Fraternal Order of Police (FOP), said the contract, a written document, had been ratified. He said the unions did all the sacrificing. He said the PAC is supposed to be the governing body. Union members have agreed to contribute 8% of their salaries to the pension. He wanted the process to be fair. Mr. Fire said he had not agreed to giving the Pension Trustees the final say so. Ms. Rice questioned if that item was changed if the rest of the document would be acceptable. Mr. Fire said other things also needed to be addressed. Commissioner Thomas said further negotiations cannot be done tonight. Commissioner Thomas questioned what direction the City Commission could take. Ms. Rice indicated she spoke with the City's labor attorney who said it was her opinion that the City has negotiated with the unions and has reached an agreement in good faith. Ms. Rice suggested the City Commission can forge ahead. She said the unions can file an injunction or file a PERC complaint. J 'I; ~....-~ Commissioner Thomas questioned if the union presidents were present with the approval of their full membership. Mr. Fire said the eight officers on light duty are referred to in a letter, not in the penslon plan. Commissioner Thomas questioned if the City gave something to the City's employees already that management will have to take away. Ms. Rice believed they had. Commissioner Thomas said staff would have to return the 4% lump sum. Ms. Rice agreed, without the pension, the City does not have a contract. She suggested the legal issues could be fought out later. Commissioner Thomas said he was extremely disappointed. The Mayor questioned if the City Commission could pass the pension as it stands. The City Attorney said the Commission can and the unions can sue them. Ms. Rice said on first reading, nothing has been done. She said if the City Commission wants to delay, she will start renegotiations. Commissioner Thomas questioned if all four unions were present. Ms. Rice said the CWA had indicated they would support Mr. Horton. Commissioner Thomas assumed if the agreement is taken off the table, staff will have to return the 4% lump sum. Mr. Fire said the unions have a signed contract. Commissioner Thomas said the contract was part of the whole package. Mr. Fire said the City has presented new language to the unions with which membership does not agree. Commissioner Thomas said the City Commission voted on a package that included the one time 4% payment. He said that money would have to be returned to the City if the contract is to be renegotiated. Mr. Fire said when union members voted on the contract, they voted on a written contract. They could not vote on the pension because the language had not been drafted. \ "'-"" mcc08b.95 35 08/17/95 + .. ,.. ~.. . .. 'I ~ III . . ., I'L. ,." f' Commissioner Berfield said the union representatives must realize when the City Commission approved the contract, they voted for it with the understanding that the pension plan was part of the package. Mr. Fire thought the disagreements would be resolved. Mr. Horton questioned what would have happened had the unions provided the pension plants language. Commissioner Barfield noted the City had tried to hire the unions. attorney for that purpose. Ms. Rice said every word in the pension plan had been sent to the unions' attorney with a request for him to submit language. Ms. Rice indicated the City had moved a great deal from their original position. Mayor Garvey said if the unions agreed to the concept of the pension plan, they had agreed to return to any job in the City. Mr. Horton disagreed. He said disabled workers would lose money immediately under that plan. Commissioner Berfield questioned if union members pay the same as others for their benefits. Ms. Rice said they pay the same. She reported six paramedics are currently out on disability. Commissioner Thomas said the City Commission was trying to solve the problem of staff retiring on a partial disability. Mr. Horton said the unions want to return these workers to their department. He noted the new pension plan contains a reduced benefit and is not as attractive as it previously was. Commissioner Thomas requested Ms. Rice to work with the unions to see if this disagreement can be resolved. He said he was very disappointed that this problem arose. "'~.1..~ f ' ~, ...~.....; Commissioner Thomas moved to amend Division 3 of Article 5 of the City Code; providing for repeal of the existing Employees' Pension Plan; establishing a restated City of Clearwater Employee's Pension Plan effective January 1, 1996; calling for a Special Election on October 24, 1995; and establishing the ballot question for the Special Election. The motion was duly seconded. The City Manager announced, for the record, changes to the pension plan will affect her and several department directors personally. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance 115890-95 for first reading and read it by title only. Commissioner Berfield moved to amend paragraph (c}(1 }(A) Section 2.397 of Ordinance 115890-95 to read: A Participant who is vested in his Accrued Benefit and who terminates employment be reason of his disability shall be entitled to receive, at the time and in the manner described in Section 2.398, a disability benefit equal to his Accrued Benefit as of the date of termination of his employment. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to pass Ordinance #5890-95 as amended on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. v mcc08b.95 36 08/17/95 , . ... ,~ . . , ' , ,',. , . ' , . , .",:,It..", .f r-'. "NaysU: None. ItEM #47 - Confirm City Manager's decision to Increase domestic and lown water rates approximately 1 2.53 % effective 10101/95, such increased rates to be used for 1st full billing cycle beginning on or after 10/01/95 (FNt On July", 1995, Pinellas County approved a wholesale water rate increase of approximately 35% effective for water purchased beginning October 1, 1995. The increase is as follows: the current water rata of $1.0254 will be increased by 16% to $1.1902; the current capital improvement charge of $0.30 will be increased by 100% to $0.60; and the current total of $1.3254 will be increased by 35% to $1.7902. The ordinance regarding water rates allows the City Manager to approve pass through increases in the City's cost of purchasing water from Pinellas County. The City purchases approximately 75% of its water from Pinellas County. The 35% increase is expected to increase the City's purchased water costs by approximately $1.7-million. Raising rates by 12.53% across the board will generate the $1.7-million needed to cover the cost of Pinellas County's wholesale rate increase. New rates will be in effect for the first full billing cycle beginning on or after October 1, 1995. Sewer rates will not be affected by this increase. .......", Commissioner Berfield moved to confirm the City Manager's decision to increase domestic and lawn water rates approximately 12.53% effective October 1, 1995, such increased rates to be used for the first full billing cycle beginning on or after October 1, 1995, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ""'~ ITEM #48 - Other PendinQ Matters a) Consideration of Beach Tower Proposal Mr. Baker reviewed the basic elements of a proposed lease between the City and JRG Marketing: 1) JRG will pay City a guaranteed minimum rent of $50,000 per year, payable in 12 monthly installments, or 15% of tl,e annual gross revenue, whichever is greater. The differential between $50,000 and 15% of gross revenue shall be payable in a lump-sum payment 30 days following the end of each lease year; 2) the lease term shall be a 20-year period with a five year extension period at the option of the lessee. If lessee opts for the five year extension, the percentage fee will increase from 15% per year to 20% per year; 3) City will apply for all regulatory permits. City will prepare applications and all documents relative to the permitting procedure. JRG will pay all applicable fees and all out~of-pocket expenses relating to the permits, including consulting fees and services outside the expertise of City staff; 4) JRG will independently establish the tower in accordance with the City.s rules, regulations, codes and procedures. JRG shall have the right to seek variances as appropriate and available; 5) JRG will pay aU impact fees up front with a credit applied toward rent amounting to 50% of the impact fees. The credit l --, mcc08b.95 37 08/17/95 l. '" I . ~ .' .... '" 4~~. : "- . ..~ t ' shall be applied to the monthly minimum rent in sixty equal amounts over the first five years of the lease: 6) JRG will produce, at his total expense, four laser shows, one each quarter, each running for a least 10 minutes per night for 10 consecutive nights during the first year. City will have complete editorial authority over the showts content and approval authority over any sponsorship arranged by JRG; 7) The tower footprint will incorporate space necessary only for the tower proper, necessary mechanical equipment (attractively housed), a ticketing facility housing a limited number of retail items, all of which are "Iogoed" with a tower logo to be developed by JRG and approved by the City. The tower footprint will be of minimum required dimensions with as little impact on parking and surrounding areas as possible: 8) JRG to provide surety bond in an amount sufficient to provide for disassembly and removal of tower in the event of business failure: and 9) JRG will provide required workman's compensation and $1 O.million single-limit liability insurance in full force at all times from initial start of construction naming the City as additional insured. ,',.. l,,,,~) Mr. Baker reviewed the basic elements of the agreement. He said 1f3 was changed to be specific regarding for which permits the City will apply. He said #4 means that JRG will come forward with plans and will have to go through normal channels and procedures to obtain the permits. He said #5 calls for the City to credit JRG for half of the impact fees. Mayor Garvey expressed concern regarding that agreement. Mr. Baker explained that was a bargaining point. He said the rent will also be greater in the long run. He estimated the impact fees will be approximately $20,000 but could be as much as $32,000. Mayor Garvey said nothing in the first proposal suggested crediting those fees. Mr. Baker said the rent will increase after 20 years. Mayor Garvey felt it was' wrong to negotiate payment of impact fees. Commissioner Johnson did not think the City should pay half of the impact fees. Commissioner Thomas agreed the City should not start a precedent by reducing the cost of impact fees. Commissioner Thomas said he had no problem with the proposal for the laser shows. He said he had not realized how expensive each show was. He suggested JRG should only be required to put on one laser show per year. He suggested staff research information regarding laser shows. AI Lijewski suggested removing the agreement to pay half the impact fees and the proposed 5 % increase after 20 years. He recommended keeping the laser show as it has been proposed because that will lend itself to beach tourists. Mayor Garvey said the agreement was a money making proposition and questioned why JRG should spend less than they had agreed to spend. In answer to a question from Commissioner Berfield, Mr. Lijewski said he did not know anything about laser shows but had heard they cost between $50,000 and $60,000 per event. He said he would eventually like to recommend the City organize a consortium to pay for the necessary equipment that he estimated would cost $1-million and included 10 shows. Mr. Baker said the proposal is for four shows a year for ten nights each at a cost of $25,000 to $40,000 per show. James Grogan said the laser show would not cost $25,000 to $50,000 per night. Commissioner \, l..-- mcc08b.95 38 08/17/95 I '. ,.1. '",. . '. ,., <. .. , ~'''f j + h ,..-.. Thomas suggested that JRG should pay the impact fees and pay a 5% increase after 20 years. Commissioner Johnson referred to # 2 and questioned why the extension should only the at the option of the lessee. Mr. Lijewski said the City can declare the agreement in default and give JRG 15 days to vacate the property. Commissioner Thomas said #2 should be mutually agreed to by the City. He recommended JRG be given five years to pay the impact fees, Commissioner Barfield suggested adding an escape clause in #8. Commissioner Justice questioned how many parking spaces would be affected. Mr. Baker explained the tower can be placed on the sand, where it will not violate the Coastal Construction Control Line and have no impact on parking. Mr. Baker reviewed an aerial shot of the proposed location south of the approved beach guard station where a dumpster now stands. He reported no parking spaces would be lost. He said he was addressing only the backbone details of the lease. He said the lease will include many more details. The majority of the Commission agreed with the proposed location of the tower. ,-...,,\ 1 ' '.....,...; Commissioner Thomas moved to accept the backbone details of a lease agreement with JRG to erect a tower with gondola on the beach by the new beach guard station for a 20 year lease with five year extension options, a guaranteed minimum rent of $50,000 or 15% of gross revenue, whichever is greater, and other details as discussed this evening and proposed by Mr. Baker and Mr. Grogan. The motion was duly seconded. Commissioner Johnson said he had received telephone calls condemning him for favoring the tower. He said his concerns that the proIect would not cost the City money and that parking spaces not be lost were addressed. Upon the vote being taken, Commissioners Berfield, Thomas. Johnson and Justice voted "Aye"; Mayor Garvey voted tlNay." Motion carried. CITY ATTORNEY REPORTS ITEM #49 - Other City Attorney Items a) Res. #95.66 . Authorizing execution of Pinellas County Interlocal Mutual Aid Assistance Agreement for police services Section 23.1225(3), Florida Statues (1993), states the mayor or chief executive officer of a municipality may enter into a mutual aid agreement if authorized by the municipalityts government body. The Pinellas County Inter/ocal Mutual Aid Agreement authorizes cooperation and assistance of a routine law enforcement nature across jurisdictional lines by law enforcement agencies within Pine lias County. l ,,-. mcc08b.95 39 08/17/95 ~ . ,', ~ '. ' ) , .' " '. . :. / / ~'l.\':Z". ,> C.' . c ", ..~' ...-...., ; , The City Attorney presented Resolution #95-66 and read it by title only. Commissioner Berfield moved to pass and adapt Resolution #95-66 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas, Johnson, Justice and Garvey "Nayslf: None. b) Res. #95-67 - Authorizing execution of Tampa Bay Multi-Agency Gang Task Force Mutual Aid Agreement The Gang Task Force Mutual Aid Agreement will authorize the Clearwater Police Department and other Tampa Bay area law enforcement agencies to share information and render assistance in situations involving gang-related crime. The City Attorney presented Resolution #95-67 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-67 and authorize the appropriate officials to execute sarna. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey ...rl'-Z....'t-. J '- "Nays": None. c) First Reading Ord. #5894-95 - Relating to Franchise Agreement with Time Warner Entertainment-Advance/Newhouse Partnership, to amend the agreement to extend the term of the franchise for a period of 3 months, ending on 11/1/95; amending Ord. #2085 increasing the franchise fee paid to the City to 5 % The City Attorney presented Ordinance #5894-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5894-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Naysll: None. ITEM #50 - City Manacer Verbal Reoorts The City Manager reported the Library Department wished to schedule a demonstration of the Internet for the City Commission at the Main Library. Mayor Garvey suggested scheduling separate demonstrations. The Commission will address this item in September. The City Manager reported a funding application for new product development was submitted to the Convention and Visitors' Bureau. ~ mccOBb.95 40 08/17/95 I., #' 4 ~ ., . . ,'. . . ~ .. . .- \ , : I. . " '.,. " , . , , .""".' &",' il\. ,r., . '. ' .', " ' r " ., ' 11').' - I . I.)~. . . . ' "..... The City Manager reported Central Permitting Department innovations had been commended in a recent national planning magazine. She said staff does a tine job. ITEM #51 - Other Commission Action Commissioner Thomas wished to put his actions in the sunshine. He reported Pam Marks had approached him with a proposal to create a grant so the City could purchase Camp Soule on behalf of the Boy Scouts. He said 18 people worked on the application which has been submitted to the State. He said the issue is if the State awards the grant of $1.25-million, the group will have to raise a matching amount to meet the purchase price of $2.5-million. He said the title would be in the Cityts name but the Boy Scouts would run it. Commissioner Thomas said it would be sometime before a decision is made. He said he had been told the application has a good chance for approval. Commissioner Barfield referred to the scheduled Pinellas Legislative Delegation Hearings. Ms. Rice said staff will address the Cityts legislative package by the second hearing. Mayor Garvey requested staff advise the delegation that tIle City supports stronger controls against the illegal sale of fireworks. Ms. Rice said a letter will be sent. ~ommissioner Barfield questioned if the memorandum regarding undesirable behavior occurring at Morningside Recreation Center had been addressed. The City Manager said it had been sent to the Police Chief for response. . "t,. ~ , , ' ".......J Commissioner Johnson referred to the August 3, 1995 City Commission meeting and noted the City Manager had reported City Commission salaries had been stagnant for some time. He realized the City cannot afford to pay what the position is worth. He felt a slight increase may be needed. He compared the current salary level with other similar sized municipalities and noted that Clearwaterts level was dramatically lower than the average. Commissioner Johnson moved to increase the Mayorts salary to $18,OOO/year and the Commission salaries to $12,OOOlyear. The motion was duly seconded. Commissioner Justice said he had no problem with that recommendation. Mayor Garvey agreed with the increase. She felt a reasonable compensation would help encourage others to run for office. The City Attorney said no ordinance had been prepared and recommended scheduling a special meeting in order to meet the Charter requirement than an ordinance increasing Commission salaries be adopted at least six months prior to the election (March 12, 1996}. Commissioner Thomas did not think a $2,OOO/year increase will attract new people. Commissioner Johnson said it would be a beginning. Commissioner Justice noted the salary had not increased since before the time he last served. He said he was for the increase and was glad he would not be benefiting from his stand. Mayor Garvey said she was not supporting the raise because she would get an increase. She indicated the t.......... mcc08b.95 41 08/17/95 , , ' ,', / . ' ',,I , ".' ., " . , '~h(" . /..-... Mayor's position has a greater number of responsibilities and should be compensated at a higher level than other Commission positions. Commissioner Berfield noted the City Commission's attempt to raise Commission salaries several years ago resulted in a huge uproar from the public. She questioned if it was a good time to address this issue. Commissioner Thomas suggested the Commission should either compensate itself fairly or keep the salary at its current level and consider service a donation to the community. He said the Commission should recognize what being an elected official is all about. AI Lijewski said the Charter Review Committee had discussed at great length an increase in the Commission's compensation. He said the Committee's consensus was that current salary levels are far too low. The consensus was that the Mayor's salary should be increased to $21 ,OOO/year and the Commissioners to $18.000/year. He said those levels do not reflect the true value of the position but would open the door to others to participate. He said Commissioners should not have to pauperize themselves to serve. He said that increase could result in a substantial change in the makeup of the Commission members. ........". ''\ t, di -,-' Chuck Pollick applauded Commissioner Johnson for a bold move. He said low Commission salaries has been a problem for some time. He supported the increase and suggested younger candidates would be attracted. He recommended the raise so others can become involved. He said it was hard to attract qualified candidates at the current salary level. Commissionf~r Tl lomas moved to amend the motion to increase the City Commission salaries to $30,OOO/year and the Mayor's salary to $35,OOO/year. The motion died for lack of a second. Commissioner Berfield suggested adopting the Charter Review Committee's recommendation. Commissioner Johnson said he did not want to upset the entire population of Clearwater. Commissioner Berfield recommended increasing the salaries to $1 5.000/year for Commissioners and $1 7,OOO/year for the Mayor. Commissioner Johnson said he would. Mayor Garvey recommended a larger increase for the Mayor. Commissioner Johnson amended his motion to increase Commission salaries to $15.000/year and the Mayor's salary to $18,OOO/year. The seconder agreed to the amendment. Upon the voted being taken on the amended motion. Commissioners Berfield, Johnson and Justice and Mayor Garvey voted "Aye"; Comrnissioner Thomas voted "Nay." Motion carried. The City Manager indicated a meeting needed to be scheduled for first reading of the ordinance to increase salaries so second reading could occur on September 7, 1995. Ms. Rice said if negotiations were successful, she would need to add the pension plan to that agenda. A Special Meeting was scheduled for August 28. 1995, at 9:00 a.m. ~ mcc08b.95 42 08/17/95 " , , . , , I '. \ . , , ~ ~ ' ~ . . . ~ , ~j,~. . "., ;'" .' , ' ., ~,. , :... , ".' . .." ,~5~'.', ' . .,,"., " . ~ I ~ " .~\'(;.<..' \, ,1 >., .' ~ ' /'~/:! :{:.'.".. !<~. , (:\;:~ : ,~~ ~~. ~", " ,.;", ,.," ',.1 . '/". .' i<'" -:':::" . . ~"";'~~~l-Att...,~"I' I"')~~ ,...~.,,~.,...,~r:""'. ,l::..~, "':I.'":~:~:~;. . ./. . " ... " , ~.' :::' ~ c" :; :~,; . : ' .~ ,". d , .' c; ": ':.~," ,. ,""""::;~(~:";;/2":~~ .r,,', ,~ (''':'''Jj Mavor Garvev said she just found out this week the City Commission had not been copied all correspondence from Nagano. She said they will begin receiving that information. ITEM #52 . Adjournment The meeting adjourned at 2:09 a.m.; August 18; 1995. ATTEST: ~~t, Ii. $;1., '; , , " , ,City Clerk o I! v mcc08b.95 43 08/17/95 ....:r"'" t ' ~ "-' ~ :.:~ \ CITY OF CLEARWATER lntud.plrtmtnt Canupandllnct TO: ~x\". A CC~ S//'7/q 5 FROM: Beny Deptula, City Manager Scott Shuford, Central Permitting Directo~ ~ SUBJECT: Bayview Neighborhood. Update COPIES: tQ)~'Y( Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Lou Hilton, Senior Planner DATE: March 23, ] 995 .. Given Commission interest in the Bayview neighborhood, I am providing Ule first of an anticipated series of updates with regard to staff activities in this area. First, the proposed expansion of the FINA station at the corner of Gulf to Bay and Bayview will be coming to the City Commission on April 20, 1995. Second, as you know, one of my departmental "goals for this year is to prepare 3 neighborhood zoning stud)'. 1 plan on using the Bayview area as the subject of that zoning study. As we have discussed, the Bayview area is "ripe" for such a study since there are a number of potential development issues coming up in the ncar future that may affect this neighborhood. The FINA station is one of these issucs, but the likely conversion of the mobile home park adjoining the neighborhood on the east to another land use may have more significant potential effect,>. There are other properties in the immediate vicinity of the neighborhood that have development potential which could also have some effect on thi~ ",..i~hborhood. Consequently, we will take a comprehensive look at this area as part of our regularly scheduled planning efforts. Finally, the Historic Preservation Board has requested City participation in a project to allow Slale certification of the Bayview area as an historic neighborhood. We anticipate being able to assist in this effort through the hiring of a temporary employee using existing funds in my department. We will keep you advised of this effort. Please call if you have questions or comments. SS/db ... rvlP.W.l.l'S '; \, ,I