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03/04/1991 CITY COMMISSION WORK SESSION March 4, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue Berfield Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:01 a.m. Service Awards - None Presentations Ed Mazur stated there are 2,500 MIAs or POWs from the Vietnam War. Seventy-nine of those individuals are from Florida, and five are from Clearwater. Clearwater has never officially recognized those individuals. He is requesting a ceremony be held on March 30, 1991, to recognize the five people still missing and to adopt Lt. Morgan Donahue as an honorary citizen of Clearwater. Lt. Donahue has been captive since 1968 and there have been many live sightings of him. Mr. Mazur requested the ceremony be held at Coachman Park and City fees be waived. Consensus of the Commission was to support a Resolution or Proclamation to be adopted at the March 21, 1991 meeting. Mr. Mazur indicated the only assistance he would need from the City is finding the families of the five individuals from Clearwater who are still Missing In Action. Consensus of the Commission was to approve the ceremony and waive the fees. Contract to purchase Unisys and other computer hardware from National Data Products, Inc., Clearwater, FL, for an estimated cost of $106,482.25 and authorize lease/purchase of $66,776.63 of hardware through AT&T Credit Corp., and the cash purchase of $39,705.62 of hardware and cash purchase of appropriate software from same at an estimated cost of $14,154 (AS) This stand-alone computer network is for the Police Department's Vice & Intelligence Division and is fully compatible with the City's networks. Information Services personnel will write the program and convert the system from XENIS to Novell. The office automation system at the Parks & Recreation Department's administration office will be completed and automation will be installed in the Department's area at the Long Center as the department proceeds with the purchase and installation of computer hardware and software as outlined in the Long Range Plan. Public Works Engineering will have one additional workstation and the Environmental group will have two. The two 386 CADD workstations will provide enough power to manage the graphic files associated with atlas and design projects from the Total Station survey equipment. Atlas files and drawings will be stored by the 380 disk expansion and available to every workstation on that network. The laser printer for Environmental will be shared with Engineering and will provide the Public Works administration offices with a printer in that work area. The additional workstation in Public Works Transportation will provide access to office automation. A Local Area Network will be created between the existing microcomputers in the Library and the requested ones to provide staff access to software programs. The Library's report capabilities and communication ability will increase and future linkage with the City Wide Area Network will be possible. The laser printer will provide the Office of Management and Budget a wider variety of font selections, the ability to produce voluminous documentation, and increased compatibility with the department's word processing and desktop publishing software. The City Manager's office is the focal point for information flowing to the Commission and constituency, much of which is produced on 23 local networks in the City. The system in the City Manager's office is old and incompatible. Mayor Garvey questioned why laser printers were being purchased. Laura Chase, Data Information Services Manager, indicated due to the quality and speed of the printer. Commissioner Nunamaker expressed concerns regarding a great deal of money having just been spent on computers. It was indicated that the equipment was approved and funds were set in the budget and this is now the actual purchase. Commissioner Fitzgerald questioned if there would be savings in the future. The City Manager indicated there would be. Commissioner Regulski noted there would be higher productivity, however, statistically, there has not been a reduction in personnel, but no additional people have been added to the work force. Commissioner Berfield questioned what happens to the Police Department's old system. Ms. Chase indicated either it would be moved to Data Information Services for parts, given to a charitable organization, or sold at surplus. Contract to purchase one 1991 Ford Mustang Police patrol vehicle to Don Reid Ford, Inc, Maitland, FL, for $12,938 (GS) This vehicle is a replacement for an 1986 police vehicle involved in an accident and determined to be totalled. Mayor Garvey questioned if the "wolf-pack" was serving its purpose and this vehicle truly is needed. The City Manager indicated the "wolf-pack's" effectiveness would be addressed through the budget process Contract to purchase eleven 1991 Chevrolet Caprice Police patrol vehicles to Jerry Hamm Chevrolet, Jacksonville, FL, for $146,795 (ten vehicles to be lease/purchased under City's agreement with AT&T Credit Corp.) (GS) This purchase includes the replacement of ten vehicles and was approved by the City Commission during its FY '90-'91 budget hearing meetings and is listed on the approved vehicle replacement list as published in the FY '90-'91 budget. One vehicle is a replacement for an 1988 police vehicle involved in an accident and determined to be totalled. Mayor Garvey questioned if the program was still in place where patrol cars are used first by executives. It was indicated it was. In response to questions regarding the timing and expense of the cars, the City Manager stated Police cars are specialty equipment and Chevrolets are being purchased due to those being the vehicles on State contract. Mayor Garvey questioned if Crossing Guards have Police cars. It was indicated they normally do not, but additional information will be provided. Lease Agreement for marina building room #4 to Bruce Littler, Inc., a Florida Realty Corporation for a 5 year period for $12,000 (MR) Room #4 in the municipal marina building was bid out for rent. The proposals received and opened on February 8, 1991 were reviewed by the Marine Advisory Board (MAB) who recommended Bruce Littler Realty. Mr. Littler, a member of the MAB, refrained from discussion due to a conflict of interest. Under the Lease Agreement, the Lessee will pay $2,400 per year at the rate of $200 per month for five years. Mr. Littler was a Lessee in the marina building for eight years and has an excellent record with the City. The other proposals did not meet minimum bid requirements. Commissioner Berfield questioned if there would be a conflict of interest as she knows Mr. Littler. It was indicated there would be a conflict only if there was some financial gain to Commissioner Berfield. Clearwater Pass Bridge William C. Baker, Public Works Director, reported it was the intention to have a new channel for the high level, fixed span bridge. Due to the increased cost for dredging, a mid-level bascule bridge proposal was discarded. He noted few boats would not clear a 65 foot bridge, however, the Coast Guard now says they would return an application for 65 feet as there are a few boats that could not pass under the bridge. He stated a 65 foot bridge would suffice if the City promised to care for the inland waterway. Commissioner Fitzgerald questioned what that would mean. Mr. Baker indicated the City would be responsible for dredging and maintaining the waterway and passes. If it was believed that Dunedin Pass would not be opened, the City could build a 65-foot bridge if they promised to maintain the waterway to Hurricane Pass. Mr. Baker stated staff is most seriously considering the plan to raise the bridge an additional five to ten feet. The City Manager questioned if there were any masts taller than 75 feet. Mr. Baker indicated there were not, however, increasing the height of the bridge to 75 feet increases the bridge's cost by $2 million. It is felt those funds are available. Mayor Garvey questioned if there will be a need to purchase more land. Mr. Baker indicated there would not be and the grade of the bridge will remain within standards. He felt the best course of action was to see if the Coast Guard would approve the 75 foot bridge. The City Manager indicated the City will proceed to apply for a 75-foot high bridge. Staff, in the meantime, will investigate the cost and the feasibility of permits for dredging, etc. Commissioner Nunamaker questioned why dredging Dunedin Pass was not being considered. The City Manager indicated that would be an alternate, however, it could draw out the construction of the bridge for a couple of years. Commissioner Nunamaker questioned the total cost for opening Dunedin Pass. The City Manager indicated the cost had not been determined and permitting issues needed to be resolved. Commissioner Nunamaker questioned what would happen if the County reapplied to open Dunedin Pass. Mr. Baker indicated the County pulled their request on the grounds that a storm had opened the Pass. The City Manager indicated staff would consider opening Dunedin Pass as an alternate and would also get costs regarding caring for the Intercostal, versus a higher bridge. Commissioner Fitzgerald questioned if the State would have to approve the change in the bridge's height. Mr. Baker stated the State will ask why the increased cost is necessary. It was noted that at this point, Coast Guard approval is the critical issue. Contract for Security Guard Service at the Garden Ave. Parking Garage to Janus Security Services, Inc., Tampa, FL, at a cost of $6.50 per hour (PW) The annual contract for security guard services from 04/01/91 to 03/31/92 is estimated to provide 3,800 hours of services at $6.50 per hour. The estimated total cost of the contract is $24,700 and represents a $.30 per hour increase over last year's rate. Commissioner Nunamaker questioned security concerns at the garage. The City Manager reported problems with homeless individuals making the garage their "home" after hours. Contract for Stevenson's Creek Channel Improvements - Phase I to Scarborough Constructors, Inc., Palm Harbor, FL, for $1,231,207.50 (PW) This contract is for the first phase of construction of a two phase project to improve the hydrologic efficiency and reduce flood water levels during major storms in Stevenson Creek from Betty Lane to Belleair Road. The project includes features to improve maintenance of the creek, maintain water quality and enhance the environment. The project from Betty Lane to Pierce Street will include: the removal of bottom sediment from Betty Lane to Palmetto Street; the replacement of bridges with box culverts at Palmetto Street and Cleveland Street; the placement of a sediment removal trap upstream of Palmetto Street; the construction of an environmental enhancement and mitigation area between the creek and the Clearwater Country Club driving range, channel lining with a fabric formed concrete revetment mat from Drew Street to Cleveland Street; and lining of the channel bottom with reinforced concrete between existing retaining walls from Cleveland Street to Drew Street. All environmental regulatory permits have been received and drainage easements along the creek bed have been acquired. The project is scheduled to being in April, 1991. The contract time is 240 calendar days and completion is projected for December, 1991. Commissioner Regulski questioned the effect of the challenge to the Comprehensive Plan on this project. The City Manager indicated he believed the challenge could be overcome but did not feel it was tied to this contract. The City Attorney agreed. Regarding the challenge, Mr. Wright indicated staff is in the process of sending the requested information. Commissioner Fitzgerald expressed concerns regarding approving the contract and then having to cancel it. The City Manager indicated they would need to cancel the contract only if the Department of Environmental Regulation were to come in and pull the permits the City has already received. He stated the challenge is a Department of Community Affairs item. Commissioner Berfield questioned if there would be any cost to the City if the contract is canceled. Mr. Baker indicated language in the contract addresses the consequences should the City have to pull the contract through no fault of its own. Water Main Replacement Contract - Phase VII to All American Concrete, Inc., St. Petersburg, FL, for $724,657.05 (PW) The proposed area of replacement in Phase VII of the water main replacement project under the Utility Bond Issues is bounded by Clearwater Harbor on the west, Drew Street on the north, Myrtle Avenue of the east, and Corbett Street on the south. The replacement of all substandard mains within the Condon Gardens Housing Project and the removal and replacement of deteriorated sidewalk in the Harbor Oaks Subdivision is also included in this project. The contract will replace all 2-inch galvanized mains and 4-inch universal joint mains within the project area and the upgrading of main sizes to provide improved fire protection as needed. Water main replacement in this contract complies with the recommendations of the Water System Analysis Report prepared by Briley, Wild and Associates. Work in this contract is being combined to avoid having more than one contractor in the area at the same time. The Commission requested a map that would indicate the phases of the water main replacement and status of each phase. 1991 Subdrain Contract to Suncoast Excavating, Inc., Ozona, FL, for $139,710 (PW) This contract is to replace deteriorated subdrain pipe in nine locations as part of annual maintenance efforts. Streets proposed for subdrain replacement are: Hyde Park Drive from Allapattah Drive (East) to Meadow Wood Drive (both sides); Duncan Avenue from Magnolia Road to Druid Road (both sides); Pine Place from Windsor Drive to Nugget Drive (North segment); Glen Hollow Drive from Landmark Drive (Southern leg); Boylan Avenue from Lakeview Road to Bellevue Boulevard (West side); Souvenir Drive from Elizabeth Lane to Kruse Lane (East Side); Howard Street from Evergreen Avenue to Fredrica Avenue (South side); and Sandy Ridge Lane from Somersworth Drive to 340 feet south (West side). Also included is the reconstruction of a portion of the drainage detention area at the Northeast Treatment Facility as requested by the City of Safety Harbor. This work will lower the normal water level of the detention area by two feet and provide for increase stormwater storage. Commissioner Fitzgerald questioned if Safety Harbor was sharing in the cost due to their request regarding the detention area. Mr. Baker indicated while this was a Safety Harbor request, it was a good idea and the plant is the City's responsibility. He stated this item adds $7,500 to the contract. Commissioner Regulski questioned from where the funds would come. Elizabeth Deptula, Assistant City Manager, indicated most of the funds are coming from the Road and Drainage fund, however, the $7,500 is from the Stormwater Utility. Mayor Garvey questioned the problem of sheeting water on the front nine holes of Glen Oaks Golf Course. Mr. Baker indicated this is a drainage problem on hold until the Stevenson's Creek issue is resolved. Annual SAMP Plan salary adjustments (CM) SAMP Pay Plan rules provide that the City Manager shall determine the amount of increases to be given SAMP employees based on job performance, economic conditions, budgetary constraints, etc. Prior to leaving, former City Manager Ron H. Rabun proposed the following economic adjustments: 1) SAMP ranges A through I; a) an "exceptional" rating would get an economic increase of 2%, a merit increase of 3%, a one time cash payment of .5% for a total of 5.5%; b) "highly successful" would receive an economic increase of 2%, a merit increase of 2%, a one time cash payment of .5% for a total of 4.5%; c) "satisfactory" would receive a 2% economic increase, a 1% merit increase, a .5% one time cash payment for a 3.5% increase; d) individuals receiving ratings of "improvement needed" or "unsatisfactory" would receive no increase in pay; 2) SAMP ranges J through O; a) an "exceptional" rating would result in an economic increase of 2%, a merit increase of 1.5%, a one time cash payment of 1.5% for a total increase of 5%; b) "highly successful" would receive an economic increase of 2%, a merit increase of 1%, a one time cash payment of 1% for a total of 4%; c) "satisfactory" would receive a 2% economic increase, a 1% merit increase, no cash payment for a 3% increase; d) individuals receiving ratings of "improvement needed" or "unsatisfactory" would receive no increase in salary. Increases are based on performance based merit reviews and will be provided on the employee's anniversary date. Employees at the maximum of their range receive range adjustments in a lump sum payment and their base salary is not increased. Kathy Rice, Deputy City Manager, reiterated that SAMP plan increases are based on employee evaluation. She indicated SAMP individuals have not received a salary increase since October. Commissioner Regulski questioned what percentage of employees are rated "exceptional." The Mayor pointed out the "merit" increase is automatic for Union employees, whereas, SAMP employees receive increases based on their evaluation. Ms. Rice indicated she and the Personnel Director review every evaluation. Commissioner Nunamaker questioned if coworkers have any input and if there is a compatibility rating. It was indicated there is not. Mr. Laursen reported in the last Fiscal Year, 54% of SAMP employees received an "exceptional" rating, 33% "highly successful," 8.333% "successful," and 4% "improvement expected." He stated 176 City employees are in the SAMP plan. Variances to the Sign Regulations: (Target Store) located at 21880 US 19N, Clearwater Collection First Replat, Lot 4 (Dayton Hudson Corp. SV91-05) (PL&D) The applicant is requesting two variances to permit one additional business identification sign; and a variance of 76 square feet business identification signage to permit a total of 204 square feet for a Target store located on the east side of US 19N on the north side of Drew Street. The Land Development Code allows one business identification sign per business establishment with the surface area not exceeding 1.5 square feet per lineal foot of building width (frontage) with a maximum of 128 square feet for major tenants located at shopping centers. Target will be a major tenant. The proposed signs would be placed on the front (east side) of the building along US 19N. The applicant claims the conditions that exist are unique due to the location of the retail establishment a considerable distance from the public right-of-way restricting visibility and creating some difficulty for the general public to locate the subject property; he also claims that visual aid is necessary to help traffic flow onto and within the property. Over the last four years, the Development Code Adjustment Board (DCAB) has considered requests for various business establishments at the same location. DCAB generally allowed the installation of additional business identification signs but usually did not permit increases in business identification sign sizes. Staff feels the request for increased sign area is more objectionable. Most of the signage problems that have occurred at this site are attributable to the site's Commercial Planned Development zoning which is quite restrictive regarding property identification signage and allows signs up to 64 square feet. Nearby properties zoned Highway Commercial are allowed 156 square feet of signage. The signs in question are business identification signs, however, and are primarily intended to orient the public once they are on the property. Jim Polatty, Planning & Development Director, pointed out the Dillards store in Clearwater Mall was granted a variance due to its distance from SR 60. Commissioner Regulski noted it had been determined that 1.5 square feet per frontage foot of the building up to 128 square feet was acceptable. He stated that may be too small in this case. He said as long as the sign is in scale with the building, he did not find it objectionable. Staff will provide information regarding the linear footage of the building. Alcoholic Beverage Distance Separation Variance for property (Sea Breeze Grill) located at 101 Gulfview Blvd., Columbia Sub., Blk A, Lot 1 and Lloyd-White-Skinner Sub., Lots 44-47 and Lots 90-97 (Markopoulos AB91-05) (PL&D) The applicant is requesting an alcoholic beverage separation variance for a new 4COP-S alcoholic beverage license designation which permits on premise consumption and package sales of beer, wine and liquor and is issued to establishments with a minimum of 50 hotel/motel rooms. The name of the proposed establishment located within the Day's Inn Hotel/Motel is "Sea Breeze Grill." The proposed facility is located in an existing restaurant. No additional parking is required beyond that required for a restaurant. The site of this restaurant is that of the previous Britt's Restaurant that occupied this location from April 1986, until December 31, 1989. The existing restaurant received its occupational license on December 5, 1990, thereby maintaining its nonconforming status with regard to parking. The Planning and Zoning Board approved the request subject to the following conditions: 1) the applicant must procure requisite building permit within six months of the Planning and Zoning Board public hearing; 2) the applicant shall obtain the required alcoholic beverage minimum distance separation variance from the City Commission; 3) the hours of operation of the restaurant shall be from 7 a.m. until 1 a.m., except where prohibited by City or State regulations, and the kitchen shall remain open to within one hour of closing; 4) the seating capacity shall not exceed 90 indoor seats and 44 outdoor seats; 5) all applicable health and other regulations shall be met for outdoor seating; and 6) the conditional use permit shall be for on premise consumption only with no package sales, with the exception of room service. The proposed restaurant will have 3,140 square feet of interior floor area, with 90 interior seats and 44 outdoor seats. Proposed hours of operation are from 7 a.m. until 1 a.m. Lieutenant Sibbert, of the Clearwater Police Department, has indicated that City Ordinance Section 72.17(d)(2) prohibits the sale of open alcohol or unsealed containers containing an alcoholic beverage, or to possess any open or unsealed container containing an alcoholic beverage on or in any public street, alley, sidewalk, parking lot or right-of-way. The applicant has been advised of these requirements. Concern was expressed regarding outdoor seating. The Planning Director indicated the outdoor seats are on the subject property. He also said staff has not calculated the number of outdoor seats but will complete it by Thursday. A question was raised regarding how the right-of-way is marked. Scott Shuford, Planning Manager, indicated the sidewalk denotes the right-of-way. The City Manager requested that staff see if a survey can be provided. A question was raised regarding how the servers would know when they are on the right-of-way. It was indicated there are barriers on the sidewalk. Revisions to Relocation Policy (PL&D) On January 4, 1990, the City Commission approved a revised local relocation policy consistent with Federal regulations. Relocation, an important part of the housing rehabilitation program, is a policy monitored closely by HUD. Revisions were requested to keep policies current. One revision to section V1b, TEMPORARY RELOCATION BENEFITS, is recommended to increase the total allowance for a self-move from $100 to $200 based on the cost of two rentals of a trailer, gas, and miscellaneous expenses. This benefit is paid when homeowners are temporarily relocated and they elect to move themselves and their belongings rather than use a commercial mover. A revision to section VI, OTHER POLICY STATEMENTS, would include the addition of a new subsection, REVISION TO RELOCATION POLICY, that would permit staff, without requiring City Commission action, to amend the policy from time to time to adjust dollar amounts consistent with current costs in those sections that list specific dollar amounts. It was requested this item be clarified that the amendments are being made in order to comply with Federal Guidelines. It was also requested that, while City Commission action would not be needed to adjust dollar amounts, the City Commission be notified of same. Preliminary Site Plan for Clearwater Christian College located on the N side of Courtney Campbell Causeway, approximately 2,000 feet E of Bayshore Blvd., 3400 Gulf to Bay Blvd. (PSP88-MB) (PL&D) The developer requests approval of a site plan for parking facilities, a science classroom building, and a boy's dormitory addition to be built on the 46.3 acre site. The proposed plans appear to comply with all development requirements stated in the Land Development Code (LDC). The science building will house a 150 seat auditorium and is proposed to be a two story structure with a maximum height of 28' on the northeasterly portion of the parking lot. The recapitulation table indicates 7,000 square feet per floor, totaling 21,000 square feet. The applicant should clarify if the 7,000 "ground floor" square footage will be enclosed classrooms or used as a parking area. Based on the auditorium's size, of the 60 parking spaces required, 41 will be located beneath the auditorium and 19 will be along the main college service road on the northerly portion of the lot. The proposed dormitory addition is expected to accommodate 20 students on two floors. Twenty parking spaces have been provided. The proposed six parking lots all have one access point (ingress/egress) off the college's main driveway. The proposed buildings shall utilize the existing 25 foot ingress/egress easement. No new access points are proposed. The Land Use Plan identifies the subject property as Public/Semi-Public. Immediately to the north is Recreation/Open Space with Environmental Constraints E1-Tidal Swamps and Flats, and E8-Critical Wildlife Habitat. A 25 foot setback for structures, including parking lots, from the AL/C zoning is required and does not appear to have been provided. Section 24 of the Clearwater Comprehensive Plan, the Recreation and Open Space Element, establishes goals, objectives and policies for various open space uses in the community. Subsection 24.4.8 calls for "...open space properties which have the diversity of resources necessary for nature study and the enjoyment of natural assets in order to assure environmental understanding." Subsection 24.4.9 addresses the coordination of "recreation planning with other plans concerning water quality, fish and wildlife management, and environmental education." At least two environmental constraints are of primary concern. The project appears to be within 750 feet, the primary zone, of an active pair of nesting Bald Eagles which are strictly protected by federal and state law. Before proceeding, the applicant should contact the Florida Freshwater Fish and Game Commission to determine the impact of this project; the applicant shall provide documentation to staff of meeting any associated requirements. Second, the proposed science building appears to encroach into existing mangroves directly to the north; this location may require clearing of mangroves and should be carefully examined. The Department of Public Works/Environmental Management cannot address environmental impacts until the construction envelope has been field staked. Requirements related to setbacks and Bald Eagle protection must be met. Staff needs more information before determining if these items are in compliance with the policies of the comprehensive plan. A concurrency review was performed and determined accommodation of 20 additional students will not have a de minimis impact on the current Level of Service of the adjacent arterial and collector road system. Questions were raised regarding the access easement and the reference to mangroves. Mr. Polatty indicated the development needs to be 25 feet away from the aquatic zone and the mangroves will have to be staked. He stated they will have to be certain there is no negative impact on the Bald Eagle nest. Mayor Garvey pointed out there was no reference to mangroves in the Conditions. This point needs to be clarified in Condition #3. Questions were raised regarding allowing the public to park on the college's property in order to access Coopers Point. It was indicated this has been discussed but not finalized. At this time, there is no provision for public parking. Mr. Pollaty said there were environmental concerns regarding opening the Coopers Point property to the public. Commissioner Regulski indicated the easement needs to be addressed. Memorandum of agreement to permit Federal Funds to be released for the InFill Housing Program (PL&D) As a condition to release Federal funds for new program activities under the Community Development Block Grant (CDBG), the City is required to perform an environmental assessment. During the review for the North Greenwood Infill Housing Program, the State Historic Preservation Officer expressed concerns about the impact of new construction adjacent to buildings of historic importance. The objections must be cleared before Federal funds are released. The most expeditious method to clear the objection is to sign a memorandum of agreement, requiring the City to: 1) Complete a historic building survey of the project area that complies with Department of Interior standards within 12 months; 2) Until the survey is complete, notify the State with photographs and a location map each time an infill house is proposed adjacent to a structure more than 40 years old. The City and CNHS currently perform this notification for each rehab proposed for houses greater than 40 years old. Once the historic survey is accepted by the State, the need for individual notification should cease. The new survey will be based on a historic one conducted in older City neighborhoods, including North Greenwood, in the late 1970's. Mr. Polatty indicated, based on material received Friday, a new Memorandum of Agreement would be prepared prior to Thursday night's meeting. The meeting recessed from 10:50 to 10:55 A.M. Land Development Code Amendments suggested by the Public (PL&D) Absent a formal Land Development Code (LDC) amendment application process, the City Commission directed staff to bring suggested LDC amendments forward, initially as a receipt and referral item, prior to developing ordinance amendments. The Planning & Development staff presented proposed code amendments suggested by the public regarding sign regulations. Melvin C. Gaige of Air Balloon Promotions recommended cold air balloons as temporary signage in the same manner as portable signs to advertise business grand openings. They are currently banned as "wind devices." William C. Johnson recommends the City 1) permit larger business identification signs; 2) require the removal of abandoned or vacant signs; 3) Regulate neon and exposed strip lighting as signage; 4) Require sign landscaping of freestanding property identification signs to soften the impact of sign structures; 5) Delete allowances for real estate signs; require the use of property identification signage for "For Lease" or "For Sale" sign messages and establish a sign time limit; 5) Provide additional restrictions on the number and size of flags permitted; and 7) Add incentives for early conversion of nonconforming signs. Regarding the request for cold air balloons, discussion ensued regarding their prohibition being too restrictive. Concerns were expressed defining the special events that would allow them and how enforcement would be carried out. It was pointed out that the County has appointed a Committee to review the sign code and the draft is to be presented to the Mayors' Council within 30 days. Concern was expressed that a sign code so limiting would provide no way to denote special celebrations and/or charitable events. Consensus of the Commission was for staff to review this issue and portable signs and bring it back as a discussion item. Regarding larger ID signs, the City Manager requested that staff be allowed to bring back this identification sign issue as a whole. Regarding abandoned or vacant signs, concern was expressed that if they are not illegal, the City cannot require them to be dismantled. It was requested that the John Baldwin and TV & Stereo Town signs be checked. There was concern that abandoned signs can become unsightly. It was stated a nonconforming sign could be taken down. The City Manager pointed out the Commission's plate would be loaded with sign issues next year. Consensus of the Commission was not to address this amendment now but to enforce the current sign code as it relates to these signs. Regarding neon signs, the Commission did not feel they could regulate neon at this time. When it is an architectural enhancement, it is not a sign. Regarding sign landscaping, concerns were expressed regarding enforcement and maintenance of the landscaping. Consensus of the Commission was to not address this request. Regarding the real estate sign request, again, the consensus was not to address this request. Regarding flags, the City Attorney requested discussion be postponed due to ongoing litigation regarding flags. Regarding incentives for removal of non-conforming signs, concerns were expressed regarding what incentives could be offered. Bonuses or monetary rewards were not thought to be feasible. It was the consensus of the Commission for staff to study this issue further and review all alternatives. Sign Regulations - Suggested Amendments (PL&D) The sign amortization inventory program, initiated by the Planning and Development staff, is anticipated to be completed on schedule. The program has resulted in some necessary code interpretations and suggested areas of code revision, as practical difficulties with code compliance have been identified. The staff presented the proposals for information purposes and to gauge Commission interest in them. 1) Larger business identification signs are needed for office complexes. An office complex is a building containing more than one office and distinguished in the sign regulations from a single office in one building which is classified as a "freestanding" business establishment. The four square foot maximum sign size is insufficient to adequately identify individual offices in a complex. Staff suggests using a per linear foot signage allocation similar to that used for shopping centers would permit office business identification signs of up to 32 square feet. Scott Shuford, Planning Manager, recommended referring to a percentage of the wall. Consensus of the Commission was for staff to come back with proposed language. 2) Staff feels a ban on portable signs is warranted. Enforcement of the current regulations that allow portable signs for grand openings is difficult. If these signs are banned, this enforcement problem will be easily resolved. Questions were raised regarding what constitutes a portable sign. It was questioned if signs on trucks or any other mobile sign would be considered portable. The City Attorney indicated the current code effectively bans portable signs. Some concerns were expressed that there was a reluctance to completely ban them and it was suggested they be placed in the same regulations as the cold air balloons discussed in the earlier item. Consensus of the Commission was for staff to tighten up the rule and to include this with regulations regarding cold air balloons. 3) Some prohibition of "off-premises" signs is needed. Current regulations do not address the on/off premises issue. It is conceivable businesses may begin using their property identification signs to advertise goods or services not available on the property on which the sign is located. Such an amendment would also serve to prohibit vehicle signs when vehicles are parked in off-premises locations. Discussion also centered around suggested amendment #13 which recommends the following: a) pole signs and ground signs should be referred to as freestanding signs and regulated as to size and whether the sign is the primary freestanding sign or an auxiliary freestanding one and if more than one sign per road frontage was permitted due to the generous street frontage provisions; b) wall and window signs could be referred to as attached signs and regulated by the percent of the wall area to which the signs are attached with a maximum area size permitted. This approach would keep the signs in scale with the wall to which it is attached; c) all references to property identification and business identification signs could be deleted. The sign size is determined by placement, freestanding versus attached, and an overall allocation provided for each parcel, depending on its lot area and zoning classification. This would allow businesses additional flexibility in deciding sign sizes among freestanding, attached, canopy, and other signs. Concerns were expressed that Amendment #3 and Amendment #13 conflicted with each other. Mr. Wright pointed out that an off premises sign advertised products not available on the property where the sign is located. Concerns were expressed regarding Constitutional regulations that sign codes cannot regulate the message. Mr. Wright agreed but indicated they could regulate if off premises advertising is allowed. He stated, as an example, the Post Harbor development which requested an off premises sign. Consensus of the Commission was for these two items to be brought back once further research had been completed. 4) There is a need to allow a range of sign sizes for Commercial and Industrial Plan developments. Commercial and Industrial Plan development projects are located on major thoroughfares which have extensive limits placed on their signs relative to the surrounding properties by their planned development zoning. Staff believes the Commission should consider sign size for Commercial and Industrial Plan developments when zoning is approved, allowing the sign to be tailored to the site. Mr. Pollaty indicated as each plan development is brought forward, the Commission would be shown the surrounding area and the sign allowances determined on a case by case basis. A question was raised regarding address signs. Mr. Pollaty indicated there was a need to find a uniformed place for street numbering. Consensus of the Commission was to have staff pursue this amendment. 5) The sign code needs to provide for improved regulation of flags. In light of pending litigation regarding flags, no action was taken on this suggested amendment. 6) Bench signs should be banned. Staff has received direction from the Commission to prepare code amendments accomplishing this and proposed to bring the amendment to the Commission in the Phase II group of code amendments. Consensus of the Commission was to pursue. 7) The sign code needs to be revised to permit limited use of above canopy signs. The amendment must be carefully worded, however, so that permitting above canopy signs on structures such as gasoline station canopies that cover fuel pumps is prohibited. Limiting the sign to canopies attached to the principal structure and requiring the sign to not extend more than one foot above the top of the canopy or a distance above the roof line, is one way to accomplish this objective. Concern was expressed regarding pitched roofs. Mr. Pollaty reiterated a number of these variances have been requested in particular by Checkers Restaurant. Consensus of the Commission was to pursue this amendment. 8) Provision should be made to permit subdivision, mobile home park, and multi-family development signs at appropriate places in City rights-of-way. Such signs should be constructed and located to promote traffic safety. Appropriate agreements should also be required to permit removal of the signs at the City's discretion. Discussion ensued regarding there being a conflict between this recommendation and a need to not allow structures in medians and rights-of-way. There was concern that there would be liability should an accident involving a permitted sign in a City right-if-way or median occur. Consensus of the Commission was for staff to research this and bring back and clarify the language. 9) How frequently a time and temperature sign may change its message should be regulated. Staff recommends 15 second intervals. Consensus of the Commission was that this was not worth the effort. 10) Stadium sign regulation should allow electric signs if installed to face inward toward the stadium. Also, pennants should be permitted within and above stadiums. The City Attorney requested discussion regarding pennants be deferred. Consensus of the Commission was electric signs facing inward were allowable. 11) Sign measurement techniques need to be clarified to reflect current practices concerning the number of geometric shapes to encompass multi-panel and unusually shaped signs. Consensus of the Commission was to pursue this amendment. 12) Some provision should be made to not require compliance with code setback requirements if the right-of-way line changes due to road construction projects as long as the affected signs remain on private property. A question was raised regarding liability. Mr. Polatty indicated the signs would still be located on private property. Consensus of the Commission was to pursue this amendment. 13) Was discussed with item #3. 14) Some provision to allow the installation of attractive sign bases. Keeping these bases in scale and character with the overall sign is needed. No advertising copy or other messages would be permitted on these sign bases. Concerns were expressed regarding the ability to determine when the base becomes part of a sign. Consensus of the Commission was for staff to work up limits regarding these bases. 15) Machine signs such as vending machine signs should be more carefully regulated to stop the proliferation of such signage in the front setback areas of nonresidential properties. A question was raised regarding whether or not there would be freedom of the press issues regarding signs on newsracks. The City Manager indicated special laws regarding newspapers and the freedom of the press provision cease when the sign ceases to be a newspaper and becomes a commercial. Consensus of the Commission was to pursue. 16) Provide limitations on logo features on directional signs. The Commission had already provided that this amendment be pursued. Gift of Clearwater Sun Newspaper Morgue to City of Clearwater Public Library (CA) The City Attorney reported the former publishers of the Clearwater Sun have offered to donate to the City the Clearwater Sun morgue which includes newspaper articles and pictures used during that newspaper's publication. He stated the letter of acceptance would certify that the City will not use these items for nonpublic purposes. He stated the letter provides that the City can charge for making copies of the material, however, all revenue generated from those copies are to be earmarked for maintenance of the morgue. The City Attorney indicated the morgue's maintenance may not be self-supporting. The City Manager pointed out that while the City may have photographs, the library does not have the ability to copy them and a charge would be made for copies of negatives. Linda Mielke, Library Director, indicated there is no index for the material and this will need to be done in the future. An index of the photographs and negatives will also be needed. A question was raised regarding how much this will cost. Ms. Mielke said she did not have that information at this time and would come back to the Commission in phases. A question was raised if the work could be contracted out. It was indicated that might be possible. Questions were raised whether tax benefits would result if the morgue were donated to another party. Ms. Mielke indicated the Publisher had considered donating it to the Library Foundation or Historical Society, however, those organizations only wanted bits and pieces of the material. Concerns were expressed that the City was bound by rules that limits the per copy charge to 15 cents. The Library Foundation would not be under that obligation. All of the revenues could go to the Library. Consensus of the Commission was to pursue acceptance of the materials. It was stated that how to handle the material over the long term will have to be addressed. Verbal Reports The City Manager announced the Phillies Reception will be held on Friday, March 22, 1991, at Ruth Eckerd Hall at 6:30 p.m. Ms. Rice reported the Florida League of Cities is changing its election date. Delegate choices need to be submitted. The City Attorney indicated the Legislature will be in session starting tomorrow. Ms. Rice indicated she will be getting back to the Commission regarding Legislative actions. Other Commission Action Commissioner Nunamaker questioned reference to a lawsuit regarding Homestead Oaks. It was indicated that was not a lawsuit. Mr. Baker, Public Works Director, is addressing a drainage problem. Commissioner Nunamaker questioned if monies generated from speed enforcement on Clearwater Bridge could be allocated to that program. He stated there is a need to rectify overtime for Police Officers working on the bridge due to the structural breakdowns. The City Manager indicated he will discuss this with the Police Chief within the next few days. Commissioner Regulski emphasized that no one has said the bridge will fall down if speed limits exceed 15 miles per hour. He stated the bridge is being monitored by tilt meters. Commissioner Nunamaker stated exceeding the 15 mile an hour speed limit causes adverse vibration to the bridge. The City Manager indicated he will provide an answer to the Commission. Adjournment - The meeting adjourned at 12:35 p.m.