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03/15/1993 CITY COMMISSION WORK SESSION March 15 1993 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 Mayme Hodges Commissioner Absent: Arthur X. Deegan, II Commissioner Also present: Michael J. Wright City Manager Kathy S. Rice Deputy City Manager Elizabeth Deptula Assistant City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:02 a.m. Service Awards Three employees were presented service awards. This is the first renewal of two authorized in the general conditions of the original bid. There will be no changes in prices or terms. Contract to retain outside environmental counsel (Akerman, Senterfitt & Eidson), Orlando, FL, for matters related to the DER investigation of the former Clearwater Gas Manufactured Gas Plant site, at a cost not to exceed $40,000 (GAS) Mr. Galbraith recommended outside counsel with expertise in gas plant sites. Commissioner Fitzgerald questioned whether the City was working with other cities which have the same problem. Mr. Galbraith said it is not a combined law suit but it is aimed at one particular property, noting there are 23 sites in Florida, with each handled independently. Emergency Storm Response The Mayor requested a recap of the emergency response over the weekend. Mr. Wright reported the emergency operation center was activated at 7:00 a.m. Saturday morning due to weather conditions. He reported several feet of water in the street and some in homes. Between 100-150 people were moved from North Beach. Assessment of damage to City property included total destruction of two mainland pavilions; damage to Seminole docks; broken glass and roof damage at Maas Brothers; and accumulation of sand and palm trees down. Cleanup started yesterday and assessment of damage will be reported in the morning. Mr. Baker will schedule a dive to look at Clearwater Pass Bridge. Mr. Wright said he believed the City was "in good shape". Contract for labor to replace gas mains and services on Cleveland Street to Gulfcoast Utility Constructors, St. Petersburg, FL, at an est. $65,100 (GAS) Mayor Garvey suggested the community spokesperson for Cleveland Street be notified of this activity. Mr. Wright will handle. Contract for study of gas rates to Coopers & Lybrand, Tampa, FL, at a cost not to exceed $45,500 (GAS) The City's gas rates have not been thoroughly examined for 10 years and are not competitive with other energy suppliers or gas companies around the State. It is proposed that Coopers & Lybrand provide a study of gas rates at a cost not to exceed $45,500 in accordance with Code 2.564(1)(3), impractical to bid. Mr. Warrington reported the methodology was in place and it was just a matter of applying formulas for firm and interruptable rates. Mr. Wright indicated an in-house study had been considered but City staff does not have the time or expertise required. Pinellas Trail (WSO)(PR) Mr. Ream Wilson gave a background report on the Pinellas Trail, indicating the City's preferred route down East Avenue proved unacceptable from a safety standpoint, sharing of pavement with DOT and an active railroad line. New proposals will be offered to the County and he distributed packets offering four route options. His presentation described the route of option #1, indicating the solid line represented the preferred route; the dotted line along the railroad right of way would be second choice. Mr. Wilson relayed the pros and cons of the other three options concluding staff recommends the solid line of option #1 as the route of choice. The Commission will consider this as an agenda item at its March 18, 1994 meeting. Harbor Oaks Association request to close Druid Road and Bay Avenue at their intersections with Jeffords Street; direction re: proposed traffic action plan (PW) The Harbor Oaks Association has requested the permanent closure of both Bay Avenue and Druid Road at their instersections with Jeffords Street to protect the neighborhood from pollution and traffic hazards. The closure of Druid Road would divert a significant amount of traffic to South Fort Harrison Avenue. The Fire Department has expressed opposition; however, Transportation and the Fire Department have developed a plan to reduce traffic through the neighborhood while maintaining emergency access. Traffic statistics and routes were cited. In the ensuing discussion, Chief Davidson expressed concern that the wooden homes in the area require rapid response, and the proposal would block two of the five accesses to Morton Plant Hospital. Mr. Yauch indicated the agenda item proposal recommends to deny, based on concerns. He introduced the plan to reduce traffic on Fort Harrison by shifting northbound traffic to Myrtle Avenue, using a asymetrical lane design. Mr. Wright stressed Druid could not be closed until it is determined how the traffic will be shifted from the Harbor Oaks area. He indicated staff recommends the Myrtle/Fort Harrison corridor notwithstanding the outcome of Harbor Oaks' request. Mr. Yauch noted Morton Plant's intent to widen Jeffords Street, which does not now adequately accommoate fire equipment. He described plans which would improve traffic flow in the future. Mr. Wright said staff recommends denial of the Harbor Oaks' request. He suggested bringing back specifics on the modified one-way pair for Fort Harrison/Myrtle Avenues modification. Declare city vehicle 1331.97 surplus; Purchase a thermoplastic striping unit for the PW/Transportation Group from Pave Mark Corp, Smyrna, GA, for $153,766; include trade-in of vehicle for a credit of $10,500 (results in net cost of $143,266); authorize lease/purchase thru 1998; financing to be provided under City's Master Lease/Purchase agreement with AT&T Credit Corp. (PW) The oil based paint used for marking traffic lines on City streets has a relatively short life, long drying time, and environmental concerns with application and clean-up. The pavement- marking industry favors a thermoplastic material which has a longer life span, cures almost immediately upon application, and minimizes effects on the environment. Responding to a question, Mr. Yauck indicated the City has a hand-thermoplastic unit which cannot be used for major work. Tank removal (PW) This agenda item called for removal of a petroleum product tank and closure at City Transfer Station and the City Hall Annex. Mr. Wright apologized for this last minute bid to get on the State cleanup list for contamination. He said numbers will be supplied Thursday night. Res. #93-12 - authorizing a cooperative assistance agreement with the State re: feasibility study for replacement of the Memorial Causeway S.R.60 Drawbridge with a high-level fixed bridge (PW) Mr. Wright explained the agenda item as a feasibility study for the replacement of the Memorial Causeway State Road 60 drawbridge with a high-level fixed bridge, and recommended passing Resolution No. 93-12 authorizing a cooperative assistance agreement for a feasibility study. He said it was a complicated matter, citing the flow of Court Street traffic onto the bridge. If approved, DOT will receive suggestions, and work will begin on the conceptual PD&E process. Mr. Baker explained this item affirms the fact that the City has sent DOT an application; this needs to be confirmed. It also authorizes a resolution that the project will go forward. The City will not be entering into an agreement Thursday. This is only authorization; Mr. Wright will bring an agreement later. (Cont. from 3/4/93) Space Needs Study - New City Hall (CM) Mayor Garvey said she wished to speak with Mr. Wright about some issues. Other Commissioners had no comments. Mr. Wright asked if the attendance of the consultant would be required on Thursday night; Mayor Garvey and the members agreed it was not necessary for the consultant to attend. Approval of mid-year General Fund budget amendment to appropriate $32,100 from the unreserved, undesignated fund balance of the General Fund for the 3 month continuation of the Beach to Downtown Trolley Service (CM) On March 4, 1993 the Commission approved a three-month continuation of the Beach-to- Downtown Trolley service. Because this item covers funding for an item already approved, it was put on consent. Public Hearing & First Reading Ords. #5349-93 & #5350-93 - Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2965 C.R.193, part of Sec. 5-29-16, M&B 41.06 & 41.08, approx. 7.47 ac.(Oak Leaf Ltd. LUP93-01, Z93-01)(PLD) This item requests an amendment to Future Land Use Plan and Zoning Atlas. Pinellas County has a contract to purchase this property, located on the south side of CR 193, south of Sunset Point Road, just west of Landmark Drive, on the east side of the Paul B. Stephens Exceptional Student Center. The City's Comprehensive Plan shows Landmark Drive extending south through the east side of the applicant's property. This segment of Landmark Drive extension is no longer considered necessary, desirable or feasible due to traffic engineering considerations and environmental constraints. The improvements to McMullen-Booth Road have eliminated the need for this road, so right-of-way dedication is not an issue. Mayor Garvey expressed concern with the reference to Landmark Drive. Mr. Wright offered at this particular point the area is not south of Union Street; the subject property is south of any future plans for building Landmark. Mr. Wright offered past environmental concerns preclude going this far south, there is no continuous link and right-of-way dedication is not needed. Public Hearing - PPC Consistency Program - reconsideration of various land use plan amendments; modification of Exhibit A of Res. #92-69 (PLD) On December 17, 1992, the City Commission approved the following ordinances on first reading and resolutions involved with the PPC Consistency Program: Res. Nos. 92-69 and 92-78; and Ordinances Nos. 5312-92; and 5296-92. Mr. Polatty indicated that the Planning and Zoning Board recommended following the City staff's recommendations on the issues. He indicated differences remain between PPC staff and City staff. He explained seven items listed on staff's Consistency Issues to be Resolved table. He said items 1 - 3 concern single family zoning and single family land use plan; and item 4 which the PPC would like to keep ROR category, a county category for commercial on US 19; there is agreement on item 5 with the exception of Kapok Tree; item 6, PSP sites, and item 7 are not problems. Mr. Wright noted several months ago the County plan was going to be changed to the City plan and notices were sent to residences in the Countryside area. Later the Commission opted to change the City plan, adding more single family residential categories. Ms. Glatthorn reported a conflict existed in several subdivisions zoned RS-2, and some in RS-4 and RS-6. She said PPC had estimated the average density to be close to one unit to the acre. It was found that actually some lots were less than one acre, and non-conformities would be created for lot size. She indicated residents want to restrict density, but some do not want to change zoning. She added it would be difficult to sub-divide lots on either category. Mr. Wright asked Mr. Polatty to provide a chart on one piece of paper that indicates units per acre, and the name of the pertinent subdivision. Ms. Glatthorn described at length various zoning changes. Mr. Polatty shared PPC background with the Commission, indicating the County will not depart from ROR classification. Mr. Shuford offered Clearwater is the dividing line between ROR to the north and commercial in the south. Mr. Wright asked for a determination as to how many non-conformities would be created with the zoning change; Mr. Polatty indicated he will provide 1) a complete list of ROR non-conformities, 2) a table with explains land use and densities and 3) the names of the subdivisions. Ms. Hodges questioned #21, page 9. Ms. Glatthorn indicated in this instance the zoning would not change for the platted subdivision. Preliminary Subdivison Plat for Kings Highway Subdivision (Woodland, Scholl, Austin, Dillinger, Nealy, A.H.W., Fitzgerald, Pittman, Golden, Nikolaus)(PLD) The applicant proposes to subdivide an existing 4 building, 28 unit condominium development known as Kings Highway Condominiums to a fee simple townhouse subdivision. This item will return to the City Commission after the five issues listed by Planning and Development in its Agenda Cover Memorandum have been addressed and resolved. Mr. Polatty explained the interior walls must meet fire wall standards and would have to be rebuilt and roof changes may be necessary. Mr. Polatty said location of public and private utilities and subdivision of overlay with proposed plat with as-built additions is required. Mr. Wright explained the configuration saying each owner will get a piece of the common area, creating a zero lot line subdivision. He added 100% of the owners agree and said the application is complicated and very unusual. Consensus for the item to return to the Commission for final approval after the DRC process. Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located at 2339 Gulf to Bay Blvd., part of Sec. 18-29-16, N 280.01' of Hillcrest Mobile Home Park, approx. 0.64 ac. (Lokey Oldsmobile, Inc., LUP 93-12, Z93-03)(PLD) Lokey Oldsmobile, Inc. wishes to change the land use and zoning classifications to enable it to incorporate this parcel into its automobile service center, presently located on both sides of the parcel. The parcel was formerly part of Hillcrest Mobile Home Park. It was noted by Mr. Polatty the mobile home park has an access off Druid Road. Staff is concerned about the access issue, and about signage issues that may be created when the two commercial sites are joined. Major amendments to CPD Certified Final Site Plan for Wal-Mart located on the NW corner of NE Coachman Rd. and US19N, Loehmann's Plaza, part of Lot 1 and Loehmann's Plaza Replat, Lots 1-3 (Principle Mutual Life Insurance)(PLD) Mr. Wright explained Lohmanns was a partner in the shopping center and also had a lease on its store. Wal-Mart's attempts to have Lohmanns vacate its store have been unsuccessful; an additional 13,000 sq. ft. building will stay on the site. Commissioner Fitzgerald questioned the environmental impact upon wetlands if the building is left on site; Mr. Polatty verified it does not impact the wetlands even now, and the cypress stand is still valid; however, the contemplated wetlands area to be gained is a smaller area than originally contemplated. Commissioner Fitzgerald asked if the building intruded into the wetlands; Mr. Polatty answered, according to DRC review, it does not. Mr. Polatty will check this. Mr. Polatty said Stag Run Boulevard homeowners' association president is satisfied with leaving access to U.S. 19 open. There will be two curb cuts off Stag Run instead of one. Replying to Mr. Wright's question, Mr. Polatty stated Wal-Mart is owner of the property, continuing a lease with Lohmanns. He said he did not know the lease term, but believed it to be "lengthy". Mayor Garvey questioned signage. It was determined signage would be according to code; Lohmann's would have signage on its building. Ms. Goudeau indicated the item will be a public hearing because it is an amendment to a CPD. Second Reading Ord. #5287-92 - Final Site Plan and amendment to CPD Zoning for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15, approx 1.24 ac. (Sun Bank of Tampa Bay Z92-08)(PLD) On January 14, 1993, the Development Code Adjustment Board denied the applicant's request for a parking variance. The applicant chose to reduce the size of his retail sales building, and has revised the site plan accordingly. The final site plan provides the parking required and has been approved by the Land Development Code. All site plan conditions, notably additional interior landscape space, have been met. Mayor Garvey noted future right-of-way use would cause landscape area to be lost. Resolutions Res. #93-15 & Res. #93-16 transmitting Land Use Plan Amendments associated with the Downtown Dev. Plan & the N.Ft.Harrison/N.Myrtle Ave. zoning study to the PPC for review (PLD) The Pinellas Planning Council (PPC) now requires the adoption of a resolution by the governing body of the local government requesting PPC review before it will process Land Use Plan amendments. Ms. Goudeau explained future resolutions will be attached to the item which brings it forth for public hearing and Commission approval. Mr. Galbraith explained ordinances with contingencies which amend the plan will contain language authorizing the Planning Director to notify the PPC the change being adopted as part of the same document, adding this will result in less paper work. Res. #93-14 Commission Rules and Procedures Mayor Garvey suggested, relative to changes to the Commission Rules and Procedures, which have been standard for many years, the Commission may ultimately wish to consider as a goal, a new approach to what it really wants for its Rules. Mr. Galbraith described the proposed revisions as "clean-up changes". A discussion ensued. Commissioner Hodges expressed her confusion with former Rule 14, now restated as Rule 12 "...The Chair cannot close debate, and the motion for the previous question shall not be in order, as long as any member who has not exhausted his right to debate desires the floor;" Mr. Galbraith added it still takes four votes to pass a motion. He briefed the members on Roberts Rules. Commissioner Fitzgerald favored ample opportunity for discussion. Mayor Garvey opined she did not want the Commission to get so bogged down with adherence to the rules it neglects its mission to serve the citizens of Clearwater. OTHER CITY ATTORNEY ITEMS License Agreement with Diocese of St. Petersburg for driveway encroachment re: property City is purchasing at St. Cecelia's for Stevenson's Creek project Mr. Galbraith described the license agreement with the Diocese of St. Petersburg for encroachment created by a circular driveway. This agreement will allow that driveway to continue being used in its current configuration, allow a ten foot temporary construction easement along the western boundry, and allows the fence to remain. Mayor Garvey questioned lack of a clause providing control, allowing the City to back out if necessary for City purposes. A 90-day clause will be included in the agreement which will be presented Thursday. City Manager Verbal Reports Mr. Wright reintroduced the unusual circumstance which arose several weeks ago as a result of the way lot clearings were bid. He suggested reduction of the amount of lien to $1,050, to be the average yearly cost of maintenance of a lot, with any additional cost to be borne by the City. Ms. Rice said the lawn maintenance company in question has already been paid. Mr. Wright offered if lot clearing costs were not paid by the owner, the City will bring it up as a normal lot clearing agenda item. Commission Discussion Items Trolley Options Mr. Wright indicated as an additional option, the research conducted by Ms. Deptula and Mr. Galbraith has indicated the Downtown Trolley is an eligible expense of the CRA. Mr. Wright explained he will be routinely sending the Commission proposals which have been received for the purchase of various City properties; currently, a purchase of Police Department land at Countryside. Other Commission Action Commissioner Berfield mentioned a request to waive charges for the Holiday Parade on March 29th. Mayor Garvey indicated requests of this nature should be made as soon as possible in order to include it in the budgeting process. Ms. Goudeau said there will be a Commission discussion on March 29th. Also, Mr. Thomas's rule change request to have items at least two weeks in advance will be discussed on March 29th. Commissioner Fitzgerald reported information on the Atrium has been received for discussion Thursday night. Mayor Garvey suggested this be put on the agenda for the City Hall needs study. Commissioner Hodges questioned the determination of CNHS parking at Jack Russell Stadium and was advised the issue will be readdressed next year. Mr. Wright said, under the lease agreement with Jack Russell we are required to maintain the main structual components of the facility and the Phillies do the minor maintenance. In this regard, the sound system is old, outdated and has about failed. Mr. Wilson has verified repair and restoration is the City's responsibility under the lease, although it is not spelled out. Mr. Wright indicated this will cost approximately $10,000, and recommended the City work with the Phillies to repair the sound system with a budget amendment at mid-year; the Commission members agreed. Commissioner Berfield mentioned automated, sanitary, self-cleaning toilets for the Beach. Ms. Rice said she was aware of the product, indicating problems with cost, plumbing, and sand, but she will continue to monitor to see if costs come down. Mayor Garvey mentioned newspaper boxes blown down as a result of the recent storm and questioned if it were time to adopt the Houston newspaper box design. She mentioned Clearwater Beach in particular and noted the benefits of safety, aesthetics and cost effectiveness. Mr. Wright expressed concern about possible First Amendment issues. Mayor Garvey said the problems were where to locate, design and number. Commissioner Fitzgerald cited Houston as a model. Mr. Wright will undertake this as a project, and asked for Mr. Galbraith's expertise. Commissioner Hodges commended Staff for their efforts during the recent storm. She said she received two calls complimenting the Police Department and the City Manager's office. Mr. Wright indicated Ms. Deptula had tried to call everyone. He indicated that he seized the opportunity to "pitch" Beach renourishment to Senator Mack yesterday. Adjourn The meeting adjourned at 11:25 a.m.