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01/19/1993 CITY COMMISSION WORK SESSION January 19, 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 Arthur X. Deegan Commissioner Sue A. Berfield Commissioner Mayme Hodges Commissioner Also present were: Michael J. Wright City Manager Milton A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:10 a.m. and the following items were discussed. Two service pins were awarded to City employees. Feasibility of Opening Dunedin Pass - Michael Walther, P.E., Coastal Technology Corporation (WSO) Mr. Walther stated he believes permits can be obtained for the opening of Dunedin Pass for several reasons. First, the closing of the Pass is due in large part to manmade activities, including the continual maintenance dredging of Clearwater Pass. Secondly, and perhaps most important, the opening of Dunedin Pass would provide very clear public benefits including navigation between the Clearwater Bay and the Gulf, improved water quality within the Bay, and reduced openings of the bridge at S.R. 60. There are some potential adverse affects associated with the opening of the Pass, however. A review of correspondence to State agencies indicates possible adverse impacts to shore birds and to sediment processes associated with the Pass and surrounding shorelines. Regarding the benefit/adverse impact assessment, it is clear what the public benefits are compared to potential adverse affects. Finally, if the adverse affects do become realized with the opening, the opening can be reversed. If dredging activities are terminated and no effort is made to maintain the pass, data indicates the Pass would close again and revert back to its current situation. In response to a question, Mr. Walther stated the adverse impacts can be avoided by not performing maintenance dredging. He stated if adverse affects occur with the opening of the Pass, it is a very simple matter to negate or offset those affects by terminating any maintenance activities. If the effects were not reversible, he would be less inclined to suggest the permits could be obtained. A concern was expressed regarding adverse effects of sediment not being easily reversible, as it take years to eliminate. During that time, the water quality would be negative. Mr. Walther emphasized that the opening of the Pass is not a one time effort; it will require regular maintenance dredging. If said maintenance dredging is not performed, the Pass would close again and conditions would be as they are today. In response to a question regarding the state's denial of permitting requested in the past, Mr. Walther stated his review of the records indicate the application submitted in 1990 was not denied by the Department of Environmental Regulations (DER), but it was withdrawn by the County. Many of the issues raised by DER staff were customary issues that must be addressed in accordance with the proposal. Also, there was some opposition related to the Pass opening in 1990, and it is suspected there would likely be some opposition again. Based on the substantive issues that existed in 1990 and the data that addressed those issues, Mr. Walther stated he expects permits could be obtained now. A question was raised regarding whether the reference to the City persisting through legal action was referring to the administrative hearing or other legal action. Mr. Walther stated its reference is to the hearing if it goes that far. There may be additional legal action required beyond that, but it is expected the matter would be resolved through the Chapter 120 hearing. Responding to a question regarding a letter of support of the project by the Clearwater Marine Science Center, he stated his recollection is that they are supporting it despite the concern regarding wildlife on that area. He stated all of the letters were written before the pass completely closed. In response to a question regarding inlet management experience, Mr. Walther stated Coastal Technologies drafted the first inlet management plan - the Sebastian Inlet Plan - within the State of Florida. Said plan was considered and adopted as a model by the State and the development content of that plan won several awards from the Florida Shore/Beach Preservation Association for its innovativeness. The firm is currently working on two other inlet plans. Questions were raised regarding whether he had spoken to anyone at the state agencies, and if it was indicated whether or not permitting was feasible. Mr. Walther stated State staff indicated that certain items must be provided to justify the project and, if provided, they would be mandated to issue the permits. He stated the rules do not prohibit this activity; but, if the requirements are met, there is no guarantee the permits would be issued. It could ultimately boil down to a matter of public interest - whether or not the public benefits outweigh the public costs associated with the project. Responding to a question regarding whether the value estimates of public benefits submitted by the Corps of Engineers are still valid, he stated he believes they are. A question was raised regarding a statement in the report that it may be desirable to re-evaluate where the pass is being opened. Mr. Walther stated much of the correspondence from the DER related to correlation of habitat with the proposed location, which was not completed in the 1990 application. In order to maximize preservation of habitat, it may be desirable to propose a modified location. In response to a question regarding whether there is another way to open the pass to mitigate the settlement problem, Mr. Walther stated even if some other structure were employed, dredging would still be required. In response to questions, he stated he believes there is a 75% chance of obtaining the permits, that it would bring about public benefits, and the downside risk would be temporary. He stated the $400,000 estimated cost would include legal action through a 120 hearing request, which is expected to be the only legal action required. If there is additional legal action, costs would be additional. Mr. Walther stated at a 120 hearing, a hearing officer hears the issues surrounding the application and makes a recommendation to the Secretary of the DER who, in turn, would act upon the recommendation by issuing or denying a permit. Anyone affected by the permit application can request a hearing, whether the applicant or another party in opposition of the request. It is the engineer's opinion that there wouldn't be any legal actions beyond the hearing. In light of the fact that the pass was not totally closed when the 1990 testing was done, but is now closed, a question was raised regarding whether the ecosystem has changed in a way that would affect how we approach this today. Mr. Walther stated one area in which a change would likely be realized is the water quality. With the full closure of the pass and no tidal exchange, the water quality within the sound will diminish, and be of a poorer quality than previously tested. Therefore, the water will tested again. Concern was expressed regarding the cost of opening the pass, and finding out they have to abandon the project due to adverse effects. Also, if the 120 hearing does not produce a positive response in the permit process, legal action beyond that point could get rather expensive and time consuming. It was stated the County spent a lot of time and money dealing with the issue and finally withdrew. Correspondence received from the County in January, 1993, specifically states they do not support the City's desire to open the pass, and will become involved only in the maintenance of the pass as part of the ongoing beach renourishment program. A question was raised regarding whether or not Mr. Walther talked to County staff to determine why the County application was withdrawn. Mr. Walther stated, based on discussions with some County staff and in reviewing the files, all indications are that the County withdrew due to the objections raised and the items that would be required to complete the application. To the best of his knowledge, they did not withdraw the application because they were told it would be denied. Regarding opposition to the County's application, he stated there were letters from local residents and environmental groups. There was nothing in the file to reflect County Commission or staff opposition. Regarding a question as to what the $400,000 fee includes, Mr. Walther stated they will provide all the studies the State will require in order to complete the application. In response to a question regarding whether there is anybody else in the State that has tried to open a pass, Mr. Walther stated he believes Midnight Pass (in Sarasota or Manatee County) was closed and reopened. Questions were raised regarding the best location for the pass and condemnation proceedings. Mr. Walther stated the existing opening would most likely be permitted. He stated the proposal brought forward in 1990 proposed a more southward location for the opening which would have impacted private property owned by Mr. Hunter. Proceeding with the existing opening should not affect Mr. Hunter's property. Approval of City's American Disabilities Act Transition Plan and funding in the amount of $599,200 (CM) The Americans With Disabilities Act (A.D.A.) of 1990 was passed by Congress on behalf of the 43 million people in the United States who have a physical or mental disability. It seeks to give them the same access to employment, transportation, public services, retail and business establishments, and telephone communication as is available to the nation's able-bodied citizens. Title I of the 1990 ADA covers employment in the public and private sector. Title II covers public services and transportation. Title III covers commercial facilities and privately owned public accommodations such as hotels, restaurants and taxis. Title IV covers telecommunications. Title V covers miscellaneous provisions such as enforcement and insurance issues. Pursuant to this law, all public entities with 50 or more employees were to have developed by July 26, 1992, and must complete by January 26, 1995, a Transition Plan. This plan must provide for the removal of barriers to the disabled if structural modifications are required to achieve program accessibility. Most of these barriers will be found in restrooms, parking lots, walkways, entrances, stairs and elevators, ground and floor surfaces, furniture and drinking fountains. As the law requires, the City's plan lists all such barriers, gives a detailed outline of the modifications to be made in order to remove these barriers and gives a time-table for the completion of those modifications. By January 26, 1995, disabled individuals should be able to approach, enter and use all facilities that are accessible to the general public. This includes public parks and stadiums, public sidewalks, and public transportation as well as public buildings such as libraries, auditoriums and public-access city offices. It does not necessarily include facilities to which the public normally has no access such as most of the fire stations, some of the Public Service facilities and a few no-public-access city offices, e.g. Gas System. An ADA Advisory Committee has been formed and meets monthly. The committee members either have a disability or represent agencies whose clients are disabled. Currently the committee assists in reviewing the City's Transition Plan and other plans, such as the street-end plans on the beach, making recommendations as appropriate and practicable. ADA compliance cost estimates of $747,661 are outlined in the City's Plan. Of these estimated costs, $129,016 represents improvements to the Purchasing Building, the Utilities Building and Annex, City Hall and City Hall Annex which are no longer necessary due to the construction of the new City Hall. The $19,445 anticipated for improvements to the Clearwater Beach Recreation Center have already been funded in the 1992/93 Capital Improvement Project 315-3263. Subtraction of these two amounts from the $747,661 estimate yields an adjusted estimate for ADA compliance of $599,200. Of this amount, it is recommended that approximately $145,065 be funded by Enterprise Fund operations. It is recommended the remainder of these costs, or $454,135, be funded by the unreserved, undesignated fund balance of the General Fund. The first-quarter budget review will establish Project 315-4702, ADA Transition Plan, to provide funding for the project. The City Manager stated if this project is funded from the general surplus, which has a 12.1% surplus factor, the unappropriated reserve will be $1.2 million over policy. Mayor Garvey questioned the placement of this item on the consent agenda, citing the public should be made aware of the dollars to be expended on this project. Consensus was to move this item from Consent Agenda to right after Public Hearings. Purchase of computer hardware/software from National Data Products of Clearwater, FL, at an est. $15,324.50 and additional hardware from Apple Computers, Inc., Charlotte, NC, at an est. $30,719.20; authorize five-year purchase of all hardware in the amount $40,136.20 through AT&T Credit Corp. (HR) The Human Resources Department is recommending the purchase of a new network to replace its six-year old system which is obsolete. Features of the new network include increased memory and speed capability, which will enable Human resources Department to computerize Personnel Action Sheets and Agenda Cover Memoranda. In addition, evaluation forms, which are developed by Human Resources for use by all departments, may be distributed on disks instead of by hard copy. WordPerfect Office will allow telephone messages to be delivered quickly, enabling Human Resources to be even more responsive to our customer's needs. This purchase will also eliminate an existing print problem and increase print speed throughout Human Resources. The hardware recommended for lease purchase includes three Macintosh IIVX microcomputers, six Macintosh IISI microcomputers, five Macintosh IILC microcomputers, one DTK Grafika microcomputer, and one HP Series 4 Laser printer. The software recommended for purchase is WordPerfect Office, Excel, and FoxBase. This project is included in the Computerization Long Range Plan. The local purchase of the hardware from National Data Products (NDP), in the amount of $15,324.50, will be combined with the lease purchase of a desktop publishing system, in the amount of $24,258.91, for Public Information/Graphics Communication. The desktop publishing system purchase from NDP was approved by the Commission on 9/30/92, and is being combined with this purchase to comply with AT&T's regulations that all lease purchases must be $25,000.00 or greater. In response to questions regarding compatibility of the new equipment, Jeff Harper, Director of Administrative Services, stated they will read MS-DOS which is the City standard. They will also be able to utilize 6 years of data in the current system. Purchase & installation of playground equipment for the Countryside Library Site and for a 1 acre site located at the intersection of Enterprise Rd. and Sundancer Dr. from Miracle Recreation Equipment Co., for $35,671.58 (PR) In a letter to Mayor Rita Garvey dated March 30, 1992, Mr. Robert Deiley, President of the Northwood Estates Homeowners Association, requested that the City develop a neighborhood park on a 9 acre site located on Enterprise Road. Staff investigated this request and, after several months, was informed that approximately 95% of the site is environmentally sensitive and is not suitable for development. This being the case, staff met with Mr. Deiley and other representatives of Northwood to discuss alternatives. Since there are no sites in the vicinity large enough for a neighborhood park, residents requested a smaller site for playground apparatus and that this need would best be served by the development of two sites. Countryside Library Site - Sufficient space exists behind the library for an attractive playground installation. This play area will allow parents of small children to enjoy "library outings" where library materials could be selected, adults could enjoy reading on benches provided, while children play on the creative apparatus. Enterprise Road Site - This one acre City parcel is listed on City records as a possible future water well site. However, Mr. Bill Baker, Director or Public Works, and Mr. Tom Hackett, Superintendent of the Water Division, both indicate that the property will quite likely never be needed. They have no problems with using the site for playground apparatus and, in the event a well is needed at some time in the future, there will be sufficient space remaining for the installation. Staff concurs that these playground areas are needed in that no active recreation facilities are currently available to residents south of 580 and between US 19 and McMullen Booth Road. Again, the installation of these two playground areas is a compromise to the originally requested and fully developed neighborhood park. The equipment to be installed at each of these two sites is identical to that recently installed at eight other parks including Woodgate, Morningside, Ray Green and Forest Run. It includes slides, climbers, tunnels, swings, etc. Mr. Ned Noland of Miracle Equipment Company, has advised that this company will honor the same prices that were bid for the same equipment at Forest Run Park in October, 1991. At that time, Miracle was the only firm able to meet the major specifications detailed in the bid. Ream Wilson stated there is some concern regarding the traffic at Enterprise. There is a crossing, however, it is a very busy street. In response to a question, he stated the proposed lot is on the north side of Enterprise. In response to a question regarding parking, Mr. Wilson, Parks and Recreation Director, stated there is none at the Enterprise site. The park equipment is intended for children 6-9 years old. Regarding transfer of funds, he stated impact fees, which have to be used for recreation facilities, are being used for this year's expense. There will be parking at the library site. It was stated it should be emphasized, regarding the library park, that parents are not to leave there children expecting staff to provide care. There must be parental supervision. In response to a question regarding whether the funding was included in the current budget, Mr. Wilson stated it is not. The budget was already completed for the current fiscal year by the time approval was received for this project. The monies being used are impact fees, which have to be used for recreation facilities. Purchase of DTK Grafika computers and other hardware from Access Computers, Inc., Oldsmar, FL, at an est. $26,628.98; authorize 5 year lease/purchase of the hardware through AT&T Credit Corp. (PR) In Fiscal Year 1989, the Parks and Recreation Department began a five year plan to convert the existing B-20 computer equipment to MS-DOS based equipment and, along with C.I.S., investigate and implement a cost effective Wide Area Network. The Parks and Recreation Department is in its third and final phase of office and field on-line automation. This will provide ten stand-alone micro computers and 9 printers to facilities to perform office automation. These computers will be capable of being linked to Wide Area Network, in the future, when that technology becomes economically feasible. The Parks and Recreation CIP project for computer equipment was approved during FY 1992/93 budget process to provide funding for the purchase of this hardware. Its Operating Budget includes sufficient funds to cover the lease-purchase payments of $4,653 for FY 1992/93. Commissioner Deegan questioned the purchasing process regarding award to local businesses when the bids submitted are close. Betty Deptula, Assistant City Manager, stated that can only be a determining factor if a tied bid is received. M.A. Galbraith, City Attorney, stated the second low bidder can be chosen, but you cannot ask them to meet the low bid. That would violate the concept of bidding. William Baker, Public Works Director, stated he has done that and, every time they did, they never received another bid from the low bidder on the project. If the bid and all other specifications are equal, then it should be the local vendor. A suggestion was made to include as a specification that the company be local. (Cont. from 1/7/93) Public Hearing & First Reading Ordinance #5326-93 - Vacating 18' north/south alley lying W of Lots 1-5 & E of Lots 6 and 17, Blk 25 of Map of Belleair Sub. (Larry Dimmitt Cadillac V92-23)(PW) The applicant is requesting the vacation of the 18 foot north-south alley lying west of Lots 1 through 5 and east of Lots 6 and 17 in Block 25, Map of Belleair Subdivision to use the additional square footage to allow more space for setbacks, parking and for larger building, if and when the property is developed. This petition has been reviewed by the various City Departments and Divisions concerned. The Engineering Division is suggesting the 18 foot north-south alley be vacated and retained full width as a drainage and utility easement as the City has an existing sanitary sewer and water main in the alley. All other departments have no objections. Florida Power and Vision Cable have no objections to this request provided a 10 foot utility easement is retained (5 feet on either side of installed facilities). GTE has no objections provided full width is retained as a utility easement. This item was continued from the last meeting due to objections raised by Dr. David Leonard as he uses the right-of-way for access to his medical waste dumpster. Public Works Director Bill Baker stated he spoke to Mr. Magidson, who represents the applicant, yesterday who said he hadn't had a chance to talk to Dr. Leonard, but expects to by Thursday night. In order for the property to be developed, any building would have to be five feet from the property line. Dr. Leonard has a medical waste dumpster in the alley and private haulers service it. This constitutes a public purpose use of the alley. The alley could still be vacated, but would be retained as a right-of-way easement so the truck serving the dumpster can get in there. A right-of-way easement is measured from the easement line and, therefore, would not permit construction any closer to the property line than is now. It would, however, give Mr. Dimmitt ownership of the property and count as open space. In response to a question, Mr. Baker stated the alley is not totally accessible, and it appears the dumpster is currently accessed through Mr. Dimmitt's property. In response to a question regarding what is currently on the site, it was stated part it used for parking; it is rather secluded and you can't really drive in there. Supplemental Agreement No. 6 to professional engineering services agreement with David Volkert & Associates, Inc. to provide additional geotechnical engineering testing not included in the original agreement, increasing the contract amount by $45,249.12 for a new total of $1,198,544.46 (PW) The purpose of this Supplemental Agreement to the Clearwater Pass Bridge PD&E and Design Agreement is to provide for deeper exploratory soil boring for the project as required by the Florida Department of Transportation. This is being done because the rock encountered in the boring done thus far has been less coherent and continuous than expected. Therefore, deeper boring depths are required that were not initially anticipated in the contract. The greater length of time required for deeper boring has caused an increase in the time and funds required to complete the boring program. According to the DOT "the difficult exploration and construction conditions posed by the location require that more than usual information be gathered for property design and construction of the replacement bridge." Mr. Baker stated, it was estimated they would be into limerock at 60 feet for the pilings; it turned out they had to bore deeper to get into the kind of limerock needed. In addition, the Federal Department of Transportation (FDOT) requires an additional test. In response to a question regarding delay of the project schedule, he stated it will not be affected. In response to questions regarding permitting, Mr. Baker stated none have been obtained, but he does not believe permitting will extend the project time. FDOT is currently reviewing the plans. Responding to a question regarding the need and costs of all the supplements, Mr. Baker stated they were all ordered by reviewing agencies. The engineers did not think they would be required and, therefore, did not budget for them. (Cont. from 12/17/92) Revised Downtown Development Plan - First Reading Ordinances #5297-92, #5298-92, #5299-92, #5300-92 & #5302-92 to expand the Downtown Development District Land Use Plan classification; First Reading Ordinances #5301-92, #5303-92, #5304-92, #5305-92 establishing Urban Center (Eastern Corridor, Core or Bayfront) zoning; First Reading Ordinance #5235-92 revising Urban Center zoning district requirements and Res. #92-73 - accepting the Downtown Development Plan and expanding the Community Redevelopment Agency (CRA) area (PLD) In response to a question why this was continued, the City Clerk stated there was not sufficient time to fulfill advertising and notification requirements. Alcoholic Beverage separation distance variance for 2530 McMullen Booth Road (John Hancock Properties/Pickles Plus Inc./Raff Natell, Applicant/Representative) The applicant is requesting a variance of 200 feet to permit a 2COP alcoholic beverage establishment to be located zero feet from similarly licensed establishments within the Northwood Plaza Shopping Center. The subject property is a restaurant known as Pickles Plus. The property is within the area now zoned commercial center in limited office. The distance separation variance is required because the subject property is closer than 300 feet to Norton's Cafe and Hunan Garden alcoholic beverage establishments. The Planning and Zoning Board unanimously approved the conditional use permit for the 2COP beverage license with the following conditions: 1) the requisite occupational license shall be obtained within six months from the date of this public hearing, 2) the sales of beer and wine shall be limited to consumption on premises with no package sales and 3) the applicant shall obtain from the City Commission the requisite separation variance. In response to a question regarding outdoor seating, it was indicated there would be none. Agreement for the Pinellas Planning Council's Local Government Grant for FY 1992-93 (PLD) Florida State Law Chapter 73-594 requires all local government comprehensive plans and land development regulations in Pinellas County to be consistent with the Countywide Comprehensive Plan. On December 17, 1992, the City Commission approved the ordinances and resolutions for proceeding with the necessary amendments to the City's Comprehensive Plan and Land Development Code. Last fiscal year, the Pinellas Planning Council (PPC) appropriated $15,000 in grant funds for Clearwater to implement the Countywide Consistency Program. Two tasks or phases were required for last year's grant. The first phase was for the City to submit to the PPC, a schedule of public hearings. The second phase was for the City to submit to the PPC the Consistency amendments. One-half of the amount was given to the City upon completion of the first phase. The City has recently submitted the Consistency amendments and has requested the remaining $7,500. The City's Office of Management and Budget established the PPC grant program last year under code 181-9128 Countywide Consistency Program. The PPC is now granting $15,000 to Clearwater for fiscal year 1992-93. The PPC is providing this funding for the last two phases of the program. The first of these phases consists of the submission of all locally approved consistency related ordinances to the PPC with a request for a Determination of Consistency. Thereby, PPC will disburse one-half of the grant amount. Upon issuance of a Determination of Consistency by the Countywide Planning Authority, we may then request the second half of the 1992-93 funding. Completion of the program for the City involves submission of amendments for review by the Florida State Department of Community Affairs, the Pinellas Planning Council and the Countywide Planning Authority. Second ordinance reading should occur in March or April of 1993. The PPC is scheduling proposed amendments to the Countywide Plan for ares within Clearwater in January 1993. The grant will help in deferring costs associated with the preparation of the necessary reports, documents and maps required for completion of this project including necessary equipment purchases. City Manager Michael Wright stated there has been an underlying land use of 7-1/2 net units per acre in a single-family neighborhood. All of the subdivisions in Countryside have this land use; but what has happened either through development or zoning, there is a much tighter development standard. Zoning has dictated the development in the subdivisions but, in order to be consistent, the land use should match the zoning more closely. The countywide plan has a land use designation of less than 7-1/2 units per acre. We asked them to change theirs to match ours. It is believed that, through the notification requirements, people have received individual notification from the County regarding the proposed land use change from 2-1/2 units per acre to 7-1/2 units per acre, which may have mislead many of them. There is great concern in these neighborhoods, even though nothing is changing. The change in land use doesn't make much difference because the subdivisions are built out 98%. Sandy Glatthorn, Senior Planner, stated staff is asking the City Commission withdraw the request regarding RS-2 and RS-4 zoning. The PPC staff is recommending denial to the changes of the countywide plan as we've requested, and so is the CPA. In response to a question regarding whether vacant land is included, Ms. Glatthorn stated that is in the county; if we annexed, it would be at the current county land use designation, unless the applicant wanted it higher. A concern was expressed that the configuration of a vacant parcel may be changed to more than one residence in a subdivision that is 95% built out as single family residences. Planning and Development Director Jim Polatty stated a zoning change could be requested. Without the proposed zoning change, they would also have to request a land use change. The City Manager stated staff is recommending withdrawal of the request to the PPC in order to take other action. OTHER CITY ATTORNEY ITEMS Discussion re: City Commission Rules Rule 1 - The proposed change in Sentence 4 reads "The presiding officer may be referred to as the "chair" shall preserve order. A question was raised regarding why "shall preserve order" is removed regarding the Chairperson, with a consensus to leave it in. Rule 2 - Regarding minutes of the City Commission meetings, concern was expressed regarding not including the names of persons speaking, citing difficulty in recalling conversations without names. The Mayor felt the minutes should reflect a summary of the discussion. The City Clerk stated the minutes are only required to have action according to discussion at municipal clerks meetings. She tries to condense points of concern. Further discussion ensued regarding including in the minutes the names of all citizens speaking. It was suggested, regarding Commission discussion items, that the Commissioner speaking be named. Rule 3 - Sentence 1 reads "All motions shall be made and seconded before debate." It was suggested this could help focus discussion and maybe eliminate some, conserving time. A concern was expressed that a motion may be seconded for the purpose of discussion only, rather than actually agreeing with it. Consensus was to leave as is. The Commission recessed from 11:10 to 11:20 a.m. Preliminary Site Plan for 850 Bayway Boulevard (Decade Properties, Inc./Welsh) (PLD) Authorize the Development Review Committee (DRC) to approve the final site plan subject to the following preliminary conditions: 1) The preferred site data table shall be shown on the preliminary site plan; 2) A landscape plan shall be submitted prior to certification of a final site plan; 3) Variances shall be obtained for the side yard setback, the motel room square footage, the clear space and the perimeter landscaping requirement; (P&Z Board conditions of approval 11/3/92) 4) The applicant shall not sell the proposed units for time shares or condominium units; 5) Prior to the issuance of a building permit, a revised plan shall be submitted showing the following: a) Tabulation table showing the LDC requirements and the proposed site data for parking, perimeter and interior landscaping, screening and handicap parking; b) Re-design of the dock to meet the three concerns of the Harbormaster; and c) An accurate plan that reflects the existing and proposed conditions on the site; 6) No on-site fueling or live-aboards shall be permitted; 7) Any additional commercial vessel activity (including but not limited to the number of vessels or an increase in the number of passengers served by those vessels) other than the existing Zenith Charter operation (at its current level of operation), shall require additional conditional use permit approval; 8) The requisite building permit shall be obtained within one year from the date of this public hearing; 9) Not more than 27 slips shall be permitted; no tie-ups shall be permitted on the easternmost side of the dock and this area shall be appropriately signed to prohibit boats from tying up to the dock in this area; and 10) All transient vessels shall meet all City Code requirements. The existing three story building is proposed to be renovated to accommodate 24 hotel/motel units, one apartment unit, and the expansion of the existing marina to accommodate a total of 27 slips. The property is zoned Resort Commercial - Twenty Eight (CR-28) and Aquatic Lands/Coastal (AL/C) consisting of .66 acres. The property was originally constructed in 1969 and consists of an existing vacant hotel/motel/restaurant/bar/marina facility. The applicant proposes the hotel/motel rooms to be in excess of 500 sq. ft. in area. This will require a variance or the hotel/motel rooms will be considered residential units. There are twelve existing wet slips at the marina and 20 hotel/motel rooms with one dwelling unit in the building. The kitchen facilities from the restaurant have been removed. Variances will be necessary for the required clear space, side yard setback, perimeter landscaping, and hotel/motel room square footage. Any Development Code Adjustment Board conditions will be added to the site plan approval conditions. On November 3, 1992, the Planning and Zoning Board approved the expansion of the existing marina for a total of 27 boat slips. Surrounding land uses are: North - Clearwater Harbor, South and East - Clearwater Point Condominiums, and West - Bayside Condominiums. In response to questions regarding food and beverage sales, the Planning Director stated this site plan does not call for food or beverage sale. The property was previously a bar known as Dock of the Bay. If they want to include a restaurant later, they will need conditional use approval and a variance. In response to a question regarding expansion of the slips, it was stated this does require County approval. This has already been received from the Water and Navigation Authority. COMMISSION DISCUSSION ITEMS Kravas Lot: a) Historic Preservation Board concern re Kravas property A letter was received from the Historic Preservation Board expressing their concern regarding the proposed demolition of the Kravas Building in downtown Clearwater, and replacing it with a parking lot. They cited the historical value of the building, stating there are only three other such buildings in downtown Clearwater that have not been burned, painted, or altered in some manner. The Board urges reconsideration of the proposed plan, citing it as counterproductive. It was stated there would be a decrease of 20 parking spaces, in addition to the loss of a historical structure. b) Review of plan for Kravas parking lot The City Manager stated the plan proposes 24,600 ft. of impervious surface, 11,000 ft. of pervious surface, and 1,500 ft. of interior landscaping. The landscaping is required and will be compatible with Station Square Park. He stated the Public Works Director has requested a right turn only off Cleveland be made part of the plan. A question was raised regarding whether the greatest number of spaces was achieved. It was stated the foremost issue in designing was for visibility and access from Cleveland Street. It was stated the retention pond took up spaces. In response to a question regarding whether more spaces could be added, the Public Works Director stated if the pond is moved, there would be drainage problems. The most optimum use is as is without a variance. The building is to be torn down to make the drive; the parking lot is not changing. There are 73 parking spaces now. A concern was expressed regarding the loss of spaces. The Public Works Director stated the proposed plan is more aesthetic. Prior to configuration, it was thought there might be 10-11 additional spaces. A concern was expressed regarding the retention pond, stating there should be a central pond for the downtown area, rather than potential individual ponds. The Public Works Director stated this site has drainage problems and needs to hold water there. A concern was expressed regarding the original intent of the Kravas property purchase. It was thought it was for the purpose of increasing downtown parking and visibility from Cleveland Street. The City Manager stated one the main concerns were to preserve downtown parking and to make it visible from Cleveland. The Traffic Engineer stated the lot's current use is at about 50%. The Public Works Director stated the spaces will be wider than the old, which are currently in non-compliance with the code. The reconfiguration will require compliance be met. Discussion ensued regarding whether to proceed with the demolition, with a question raised regarding the cost. It was stated the bid opening will be held January 21. The City Manager recommended the City Commission approve the site plan; then the Community Redevelopment Agency makes a decision. It was suggested it also be brought to the Downtown Development Board for an opinion. Ultimar Phase 3 - Request to reconsider pool A letter was received from King Engineering Associates, Inc. requesting the City Commission rehear their request regarding the location of the swimming pool for Ultimar, Phase 3. The key issue is whether the pool is a passive or active recreation. In response to a question whether the Commission wished to change their vote, consensus was they did not. Mr. Mazur, of King Engineering, stated he was not at the meeting for which the ruling regarding the pool location was made. He stated the owner takes exception to the letter from the Attorney; Mr. Cobb put the wording together for negotiating. Also, the Clearwater Code does not define pool as active or passive. He stated the intent of the design decides whether it is an active or passive recreation. The spa is not designed for activity; one can not swim in it. Moving it would be detrimental to the building and townhouses. He does not agree the pool is structure; and the active/passive discussion came up at the last minute. Mr. Mazur stated he would like an opportunity to discuss its definition. In response to a question regarding the size of the pool, Mr. Mazur stated 50 feet, but he is unsure. It is curvilinear and someone could swim in it, but it is not designed for swimming. The City Attorney stated the issue came up at site plan review. The City Manager stated the site plan has been approved without the pool. He questioned whether the Commission noticed anything new regarding the issue. Consensus was to stay with the previous decision. Parking meters for Library on Beach It was stated there were 3 or 4 meters designated for library use, with a lower rate and the 1/2 hour time limit removed. It was questioned whether they should be redesignated. The City Manager stated when the rates increased, the three designated meters were missed. Consensus was to keep the rate the same as Downtown Clearwater. A request was made that more information regarding past history of the meters be provided at the next work session. CITY MANAGER VERBAL REPORTS The City Manager asked who wants to attend the Legislative Action Day, in Tallahassee, February 24, 10 a.m. to 4 p.m. Commissioners Berfield and Fitzgerald stated they would be attending. Scheduling of Sign Variance meetings It was stated the next meeting is February 9, 1994 at 9 a.m. Another meeting was scheduled for February 23, 1994 at 9:30 a.m. Item - Lawsuit The City Attorney stated he is bringing a lawsuit to the Commission Thursday for direction. They may settle in two weeks, or go to trial. There is a glitch in that the suit is against a police officer and the City; and the officer has now filed suit against the City. This proposes a conflict for the City's attorney. He is asking the Commission to either authorize a settlement or the hiring of an outside law firm to represent the officer. He stated there is also a lawsuit regarding the sign code coming. If we can't get a local attorney, he recommends Mr. Siemens who helped write the ordinance and would require less preparation time. In response to a questions the City Attorney stated he spoke to Mr. Siemens recently regarding current sign codes and rights. He suspects constitutional rights issues will be raised. He will talk to Mr. Siemens to alert him of the situation. It was suggested the City Attorney query the agency that prepared the video on signs. It was stated many other states already battled the sign issue and won. Item - New Code adoption The City Attorney stated the new code is scheduled for second reading on February 4, 1993. He stated the difference with the new code is that it has been rearranged. Also, it will be on floppy disc and can be searched on the computer. OTHER COMMISSION ACTION Commissioner Berfield questioned the status of the request regarding a fence/wall at Albertson's near Beckett Lake. The Planning Director is to report back. Commissioner Hodges stated there are several vacancies for advisory board service, and recommended Florence Hosch be considered for the Community Relations Board. She is trying to get members of color on the boards. She was informed the Clerk's Department sends those interested an application. In response to a question regarding the Civil Service Board, the Deputy City Manager stated it is the City Manager's appointment. The Mayor stated the Neighborhood Advisory Committee needs two appointees, and requested Commissioner Hodges be given the boundary descriptions. Commissioner Deegan questioned the status of Harbor Oaks. The City Manager stated it will be brought to the Commission the second meeting in February for consideration of the pros and cons of the issue. He questioned the letter received from Lucius Pitts regarding the Community Development Manager. It was stated it will be treated as the others, and was forwarded to the Human Resources Director for follow up. A question was raised regarding the procedure for processing mail to the Commission. Denise Wilson, Assistant to the City Manager/Office, stated if mail is addressed to the Mayor and City Commission, it is sent to all with no copy in the read file. If addressed to one member, it is sent to that member and listed on the read file. A concern was expressed regarding verbal responses, and it was felt there needs to be a record of all responses on file. The meeting adjourned at 12:40 p.m.