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08/01/1991 CITY COMMISSION MEETING August 1, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 1, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Sandra Glatthorn Senior Planner Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Bob Eggebeen of the Community Reformed Church of Clearwater. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. - None. IV - Introductions and Awards. Employee of the Month July 1991 - Charlie Brinson, Public Works Department. Parks and Recreation Award presented to Radio Station MIX 96 for its contribution to leisure activities in Clearwater. V - Presentations - None. VI - Minutes of the Regular Meeting of July 18, 1991 Commissioner Fitzgerald pointed out an error regarding the vote for Item #22 on page 13; the first "nay" should be "aye". Commissioner Fitzgerald moved to approve the minutes of the regular meeting of July 18, 1991, as corrected. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Dave Carley, representing the Downtown Development Board; Phil Henderson; Anne Wilkins, representatives Chamber of Commerce; and Terry Flowers, representative Downtown Clearwater Association spoke in support of Mayor Garvey's recommendation that a Task Force be formed to receive and provide input regarding the use of the Maas Brothers property. Ed Mazur, representating National Forget Me Not Association spoke requesting continued support regarding the MIA/POW issue. He requested they City consider a variance to the sign code regulations that would allow the POW/MIA flag to continue to be flown. Lois Cormeir expressed concern that beer was sold at the dedication of Station Square Park. She also complained regarding the condition of the Park Street bus terminal. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5107-91 - LDCTA - creating Div. 23A within Chapter 135, Code of Ordinances, establishing a new Research, Development and Office Park District (PLD) The proposed new zoning district has been developed to accommodate less intensive manufacturing and research and development type uses than those permitted in the Limited Industrial zoning district. Such a zoning district will provide greater flexibility in addressing the need for industrial development in the City of Clearwater. Staff would propose using this district in cases such as the Gerald Rehm property on Lakeview Avenue and the proposed conversion of a portion of the Park Place development on Gulf-to-Bay Boulevard from an office development to a research and development project. These sites are located in areas near residential neighborhoods and are therefore unsuitable for unrestricted industrial development. The permitted and conditional uses proposed for establishment in the Research, Development and Office Park (RD) District, will be significantly more compatible with residential, office and light commercial development than many of those allowed in the Limited Industrial District. Consequently, once the new district is in place, the Commission will have greater flexibility in balancing Clearwater's economic development and neighborhood preservation needs. The following changes have been made to the Ordinance as a result of discussions with potential users of the proposed district, the Planning and Zoning Board and the Commission: 1) Two permitted uses (in Section 135.1523) have been modified: a) "Business offices not principally dealing with the general public" has been changed to read: "Business and professional offices other than medical offices and clinics." b) "Processing or compounding of drugs ...." has been revised to read "Processing, manufacturing or compounding of drugs ..."; 2) Three proposed conditional use standards for manufacturing uses have been moved from that section to the Use Limitations section (Section 135.1525) so that these standards will apply to all permitted and conditional uses, rather than just the manufacturing use. Clarification of what is meant by outdoor storage is also made. These changes are listed as follows: (6) No operations or activities associated with the use shall be conducted outside any enclosed structures. (7) Any emissions into the atmosphere associated with any use shall be odorless and colorless, and pose no risk to the health and safety of persons in the vicinity of the use. (8) No outdoor storage of any materials, products, or wastes shall occur, other than occasional (not more than weekly) temporary (24 hours or less) storage of items received as or prepared for shipment; and 3) The proposed conditional use standard concerning limitation in size of delivery vehicles has been deleted. Sandra Glatthorn, Senior Planner, indicated that the Planning and Zoning Board had also recommended adding commercial and trade schools as conditional uses in this district. One citizen spoke in favor of the ordinance suggesting it is a good step, however, may be too narrowly drawn. One citizen spoke in opposition to the ordinance expressing concerns regarding impacts on residential neighborhoods. Tim Johnson, attorney representing Storz, spoke in favor of the ordinance stating it would help the City and it was hoped to move Storz to the Park Place Development if that zone is applied to that location. Concerns were expressed that the lot size proposed in the ordinance is too small for the quality of development desired in this zoning category. At the worksession, the Commission had directed the ordinance be rewritten to provide the smallest area to which the district could be applied was four acres. Concern was expressed that it would be difficult to put together a four acre tract and the original two acres was more appropriate. The City Attorney indicated he had already made the change to the ordinance to accommodate the four acres and there was no need to amend the ordinance. Consensus of the Commission was to hold any amendments to be made to the ordinance until second reading. At this time, lot size will be addressed. The City Attorney presented Ordinance #5107-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5107-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - (Cont. from 7/18/91) Alcoholic Beverage Distance Separation Variance for Beach Diner located at 56 Causeway Blvd., City Park Sub., part of Lots 7, 8 & 9 (City, AB91-16)(PLD) This item was continued from the July 18, 1991 Commission meeting because the Development Code Adjustment Board continued action on other variance requests for this property. The Beach Diner, located on City owned property across from the City Marina is seeking a variance to allow the sale of alcoholic beverages on a deck to be constructed on the east side of the restaurant. The applicant currently has a 2-COP license for serving of alcoholic beverages for on premises consumption inside the restaurant; this request is to allow the expansion of the use onto the proposed deck area. On July 16, 1991, the Planning and Zoning Board granted a conditional use permit allowing the expansion of the area associated with alcoholic beverage sales, subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) Alcoholic beverage sales shall be limited to consumption on premises only, with no package sales; 3) The applicant shall obtain a variance for eight parking spaces from the Development Code Adjustment Board; 4) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the Commission; and 5) The applicant shall continue to observe the City of Clearwater sign regulations. At the Development Code Adjustment Board (DCAB) meeting on July 25, 1991, the applicant amended the variance request of eight parking spaces to four indicating that he would be able to provide the other four spaces on site. The DCAB approved the amended variance subject to the following conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of that public hearing; 2) the applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; 3) the applicant shall continue to observe the City's sign regulations and 4) the applicant shall obtain the requisite building permit within six months from the date of this public hearing. Steve Chandler, operator of the business, indicated the deck will enhance the establishment. It was stated that of the seven establishments listed as being within 200 feet of the Beach Diner, only two serve in the marina area. The other five are boats that do not serve the alcoholic beverages until they are away from the marina. Questions were raised concerning the granting of a four space parking variance instead of eight and it was indicated that when the applicant met with the Traffic Engineer, it was found they could add four spaces on site. The way in which this could be done was explained with it indicated the drive behind the establishment would be made one-way going north. Concerns were expressed that this would create a traffic hazard. Mr. Chandler indicated it had been found a problem to allow traffic to go both ways in the drive directly behind the building. He stated signage would take care of any traffic hazard concerns. He presented a picture showing a deck similar to that which is proposed. In response to a question regarding whether or not the restaurant would still meet the open space requirements, it was indicated beach commercial had no open space requirements. Commissioner Nunamaker moved to approve a variance of 65 feet to allow alcoholic beverage sales within 135 feet from a similarly licensed establishment. The motion was duly seconded and upon the vote being taken; Commissioners Regulski, Fitzgerald, and Nunamaker and Mayor Garvey voted "Aye", Commissioner Berfield voted "Nay", Motion carried. ITEM #11 - (Cont. from 7/18/91) Variance to Sign Regulations for property (Clearwater Collection) located at 21684 US19N, Clearwater Collection, Second Replat, Lots 2 & 3 (Clearwater Collection Associates Ltd. SV91-13)(PLD) This item was continued from the July 18, 1991 Commission meeting at the request of the applicant. On October 11, 1990, the Development Code Adjustment Board granted a variance to allow a sign of 156 square feet, but denied a request to allow the sign to remain beyond the amortization period (October 13, 1992). The applicant is requesting reconsideration of the denied request. On December 27, 1990, the Development Review Committee approved an amended site plan with a condition that on October 13, 1992 the center "shall be restricted to a total of two (2) freestanding signs on 19 and one on Drew Street". There are presently two pole signs for the shopping center on US19. One pole sign is primarily for Silverburg Jewelry Company with a smaller sign for Home Style Buffet. The second pole sign on US19 is the sign in question. It is shown as having a sign surface area of 128 square feet and a height of 30 feet. The applicants contend that being limited to the size allowed in the Commercial Planned Development (CPD) zoning (64 sq.ft.) places them at a disadvantage with other shopping centers along US19. Most of the frontage along US19 is zoned as Highway Commercial (CH) District with the larger shopping centers being zoned as Commercial Center (CC) Districts. The CH district allows property identification signs up to 112 square feet and the CC district up to 156 square feet. It appears that in granting the previous variance the DCAB utilized this criteria. In considering the actual use of the property and the general intent of the Sign Regulations, signage based on the requirements for CC and CH Districts appears appropriate for this site. (The Commission has directed the Planning and Development Department to prepare draft amendments to the Sign Regulations to address cases like this.) However, this still leaves the questions of height of the existing pole sign, and the second pole sign on US19 for Silverburg Jewelry Company. The present signage does not appear to be excessive for the given site conditions. Two signs also appear appropriate as there are two entrances to the center from US19. If the Commission agrees to permit the existing sign to continue, then it should be specified that such signage is for the whole center, and additional pole or ground signs along US19 will not be permitted. According to Sec. 134.012(1)d., a pole sign which is permitted in a sign area in excess of 150 sq.ft. shall be permitted a height of twenty-four feet. Due to the pole sign in question being located in a depression and having its elevation of 30 feet measured from the ground surface at the base of the sign which is roughly five feet below the crown of US19 and three feet below the grade of the Clearwater Collection parking lot, the existing sign does not appear oversized or too high for the area. The additional height of this sign is due to the man made topography to accommodate the drainage lagoon for the shopping center. To simplify review of future signage for the Clearwater Collection site, it is proposed that a variance be granted for the site specifying the development is authorized two pole signs on US19 as currently existing. Any alteration or replacement of these signs, other than face changes, shall require a variance; and all internal signage shall be in accordance with the requirements of Sec. 134.010(2) except no signage on any wall may exceed 1.5 sq.ft. per lineal foot of wall. In response to questions, Ms. Glatthorn indicated the recommendation does not specify the size and height of the signs but recommends authorizing the existing signs. Todd Pressman, representing the applicant, stated the center will still have less signage then other properties on US19. He indicated they are attempting to meet City sign codes and the extra height is needed because the sign is located on a depression. Commissioner Regulski moved to approve a variance authorizing the two existing pole signs on US19 to remain beyond October 13, 1992, subject to the following conditions: 1) any changes to these signs, other than face changes, shall require a further sign variance; 2) no further ground or pole signs shall be permitted for property identification signs for any tenants in the Clearwater Collection Shopping Center; and 3) signage within the shopping center shall be in accordance with Section 134.010(2) except that the total signage on any wall may not exceed 1.5 square feet per lineal foot of wall; this variance being granted in consideration that only two pole signs are allowed on US19. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #5108-91 - Land Use Plan Amendment to Commercial/Tourist Facilities for property located in Blackburn Sub., parts of Lots 8 & 9 (Baker, et al. LUP91-02) The City Attorney presented Ordinance #5108-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5108-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #5109-91 - Annexation for property located in Blackburn Sub., parts of Lots 8 & 9 (Baker, et al. A91-02) The City Attorney presented Ordinance #5109-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5109-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #5110-91 - CH Zoning for property located in Blackburn Sub., parts of Lots 8 & 9 (Baker, et al. A91-02) The City Attorney presented Ordinance #5110-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5110-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #5111-91 - Vacating utility easements lying along N 5' of Lots 1 & 4, and S 5' of Lots 2 & 3, Mandalay Sub., Blk 47 (Rumph V91-06) The City Attorney presented Ordinance #5111-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5111-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ordinance #5112-91 - Vacating drainage and utility easements lying along N 5' of Lot 194 and S 5' of Lot 195, Morningside Estate Unit 1 (Beth Shalom V91-05) The City Attorney presented Ordinance #5112-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5112-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #17-34) - Approved as submitted. Agreements - Approved. ITEM #17 - Banking Services Agreement with Barnett Bank of Pinellas County for a period of three years commencing 10/1/91, for an estimated amount of $73,266 per year (AS) ITEM #18 - Joint Project Agreement with Pinellas County to install 8,326 feet of 4" polyethylene gas main along Tampa Road from US19 to East Lake Road for $101,466.86 (GAS) ITEM #19 - Lease Agreement for marina building rooms #5 and #9 to Roy M. and Mary Kay Carpenter, d/b/a Marina Gifts and Souvenirs, for a 5 year period, 10/1/91-9/30/96, for the total sum of $126,000 plus 10% of the annual gross revenue exceeding $241,200 (MR) ITEM #20 - Lease Agreement with Edward M. and Ursula M. Metallo, d/b/a Marina Restaurant, for a 5 year period, 10/1/91-9/30/96, for the total sum of $78,000 plus 10% of the annual gross sales revenues exceeding $144,000 (MR) ITEM #21 - Lease Agreement for marina building rooms #31 and #32 to Carter Communications, Inc., (Beach Views) for a 5 year period, 8/1/91-7/31/96, for the total sum of $18,000 (Consent Agrmt) Bids & Contracts - Awarded. ITEM #22 - Extension of contract to purchase general purpose paint to Havco Paints, Inc., Clearwater, FL, for the period 8/5/91-8/4/92, at an estimated cost of $13,000 (GS) ITEM #23 - One-year contract, 10/1/91-9/30/92, to purchase periodical subscriptions and serial standing orders to Ebsco Subscription Services at an estimated amount of $69,000 (LIB) ITEM #24 - Extension of contract for purchase of liquid alum for water pollution control with General Chemical Co., Parsippany, NJ, for the period 10/1/91-9/30/92 for an annual estimated cost of $140,000 (PW) ITEM #25 - Contract for remedial repairs to the guardrail system at the existing Clearwater Pass Bridge to Highway Safety Devices, Seffner, FL, for $12,473 (PW) ITEM #26 - One-year annual contract for purchase of miscellaneous brass water fittings to Hughes Supply, Inc., Clearwater, FL, for the period 8/2/91-8/1/92, at a total estimated cost of $39,492.50 (PW) ITEM #27 - Purchase of the N 60' of Lots 12 and 13, W.F. Hughey's Sub., Blk 1, for the purchase price of $48,000 (Simpson)(PW) ITEM #28 - Three year contract for hydrogen sulfide control to Peroxidation System Inc., Orlando, FL, for the period 6/16/91-6/15/94, at an estimated 3 year total cost of $1,017,035 (PW) Citizens & Staff Requests - Approved. ITEM #29 - Approve Ranking of prospective consulting engineers to prepare a Citywide Stormwater & Watershed Management Master Plan as follows: 1) King Engineering Associates, Inc., 2) Dames & Moore, Ltd., 3) Parsons, Brinkerhoff Quade & Douglas, Inc., and 4) HDR Engineering, Inc. and authorize negotiations with the selected firms in order of ranking (PW) ITEM #30 - Clearwater representative on PSTA - reappoint Donald Williams for 3 year term beginning 9/29/91 (CLK) Change Orders - Approved. ITEM #31 - C.O.#10 to the contract for the East Advanced Pollution Control Facility, increasing the amount by $27,140 for a new total $14,479,738 (PW) Plans & Plats - Approved. ITEM #32 - Revalidation of Certified Site Plan for Clearwater 19 Industrial Park located on the E side of US19 approx. 1,300' N of Drew St., Section 8-29-16, M&B 32.02 (Kunnen)(PLD) Commission approve the revalidation of this Final Site Plan subject to the following conditions: a) Revised condition #8 to read: All certificates of occupancy must be obtained by February 1, 1993; and b) New condition #10: Signs and fencing/walls are subject to separate review and permitting processes. As conditions 1, 4, 5, and 6 of the previous certified plans have been addressed and conditions 3 and 7 are no longer applicable, the revalidation is subject to #2, (certified 9/23/82) revised #8, #9 (certified 7/12/88) and new #10. Receipt & Referral - Received and Referred. ITEM #33 - LDCTA - Revision of the definitions "Substantial Improvement" and "Market Value of the Structure" with regard to the Flood Protection Regulations (PLD) ITEM #34 - Proposed amendment of the Lot Clearing Ordinance (PLD) Commissioner Regulski moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - First Reading Ordinance #5118-91 - allowing for refunding the 1983 Gas System Revenue Bonds (AS) As a result of favorable market conditions, the City has been investigating the feasibility of refunding the 1983 Gas System Revenue Bonds to generate debt service savings for the system resulting from current, lower interest rates. Costs of issuance, currently estimated at $68,426, together with estimated underwriters discount and bond insurance premium, have already been considered prior to determination of the projected savings. With approval to proceed, the schedule calls for award of the sale of the bonds immediately following second reading of the ordinance on August 15th, with closing scheduled for on or about September 4, 1991. Dan Deignan, Finance Director, indicated this process is similar to refinancing a home mortgage. He stated that while staff had hoped to be able to generate cash at closing, it was found this was not possible. Rather staff is recommending a schedule that would allow major savings over the first four years of the life of the issue. Savings over the entire life of the issue will be $944,552.00. The savings up front over the first four years will be to provide cash for expansion of the gas system. In response to questions raised at the worksession on Monday, he indicated that if the City had to defease these bonds within the first five years of the life of this issue, the defeasance would cost more than the 1983 bonds. After five years, it will cost less. He also indicated that if a separate authority is established for the gas system, the bonds could be transferred to them with no penalty. Questions were raised regarding the anticipated interest rate. Bonnie Wise, Vice-President of Raymond James & Associates, Inc., stated the 6.7% anticipated is still accurate. The actual interest rate will be known at the next meeting. In response to a question as to why it is a lower rate than others, it was indicated the bonds have a shorter maturity date than most bonds. A question was raised regarding the reason for a reserve fund. Mr. Deignan indicated this was due to the annual bond service requirement. The City Attorney presented Ordinance #5118-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5118-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #36 - Resolution #91-28 - Accepting a franchise (Safety Harbor Resolution #91-21) for the purpose of furnishing natural gas within the City of Safety Harbor (GAS) In 1991, the natural gas franchise with the City of Safety Harbor expires subject to annual renewal until a new franchise is executed. Subsequent negotiations have culminated in Safety Harbor's execution of a new ten year non exclusive franchise with Clearwater Gas System, effective with the passage of Resolution #91-28 by the Clearwater City Commission. A summary of the essential differences between the current franchise and the new franchise follows: Terms - the new is for a ten year period, the old was for thirty years; Consent for sale - the new incorporates a right for Safety Harbor to consent to a sale of the gas system with the option to cancel the franchise agreement if consent is not granted; "Most Favored" Clause - the new incorporates the right for Safety Harbor to receive any benefit negotiated with another franchisee which they judge to be more favorable; System Expansion - the agreement provides for a minimum financially feasible expansion formula in determining whether to extend new service lines. The current City policy provides the option to expand services where the payback period is seven years or less. This franchise agreement establishes a minimum four year payback period. This minimum payback period is more conservative than current policy and more favorable to the Clearwater Gas System while giving Safety Harbor a reasonable assurance that service will be made available to residents; and Franchise Fee - Franchise fees on gross receipts increases from the 3.5% in the old agreement to 6% in the new. The City Attorney presented Resolution #91-28 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-28 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #37 - First Reading Ordinance #5120-91 - combining Chapters 138, 139, 140, 141, 142 and 144 into Code of Ordinance Chapter 138 regarding building, electrical, plumbing, gas, mechanical and roofing codes enforced by the Building Inspections Division (PLD) The City of Clearwater, as well as all of the other jurisdictions in Pinellas County, are governed by Chapter 75-489, Laws of Florida, which establishes the Pinellas County Construction Licensing Board (PCCLB). This board reviews the codes and establishes which codes and editions are used in this county. This board consists of twenty members. The cities of Clearwater, St. Petersburg and Pinellas County Building Officials have permanent positions on the board. The codes the PCCLB is currently using are: 1) 1988 edition of the Standard Building Code; 2) 1988 edition of the Standard Plumbing Code; 3) 1988 edition of the Standard Mechanical Code; 4) 1988 edition of NFPA Life Safety 101; 5) 1990 edition of the National Electric Code; 6) 1984 edition of NFPA 54 National Fuel Gas Code; and 7) 1986 edition of NFPA 58 Storage & Handling of LP Gas. The ordinance adopts these codes, consolidates the current Chapters 138, 139, 140, 141 and 144 into one chapter, and provides a uniform administrative section which will apply to all codes enforced by the Building Inspections Division. This section 138.07 Fee Schedule is now renumbered to 138.49. The fee schedule is carried forward without amendment by this ordinance. The City Attorney presented Ordinance #5120-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5120-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #38 - Community Relations Board - 1 appointment (CLK) Commissioner Berfield moved to reappoint Thomas Signor. The motion was duly seconded and carried unanimously. ITEM #39 - Parks and Recreation Board - 1 appointment (CLK) Commissioner Berfield moved to reappoint Vera Nigrelli. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #40 - Ordinance #5121-91 - Vacating N 3.5' of 7.5' utility easement on S side of Lot 11, Blk 24, 5th Addition to Highland Pines Sub. (Melmoth V91-04) The City Attorney presented Ordinance #5121-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5121-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #41 - Ordinance #5122-91 - Vacating S 2.5' of 15' utility easement lying along N side of Lot 36, Del Oro Groves First Addition (Bianco V91-07) The City Attorney presented Ordinance #5122-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5122-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items ITEM #42 - Withdraw application for amendment to the Comprehensive Land Use Plan Designation for Clearwater Christian College property A hearing has been scheduled for August 16, 1991, before a state hearing officer in this case. The City Manager, the Planning and Development Director and the City Attorney discussed whether to proceed with the hearing, or withdraw the plan amendment application. They recommend withdrawal. In August of 1988 the City, on its own initiative, and in conjunction with review of the Cooper's Point land use designation, petitioned to change the land use category for a small portion of the Clearwater Christian College property from open space to public/semi-public on the countywide plan. At that time, the upland parcels were zoned RS-4, and were low-density residential on the City's plan. The City proposed to change the zoning of the upland parcels to public/semi-public and the land use designation to public/semi-public on the City's plan. This required an amendment of the countywide plan designation from open space to public/semi-public. The submerged parcels were redesignated from recreation/open space to conservation on the City's current plan. They are not the subject of the dispute. The proposed amendment relates only to the small upland portions of the property. Their exact size is not known; they are estimated to consist of about 1.5 acres total, located in an area of tidal swamps north of the college campus. The City's position was simply to recognize limited development rights on this privately-owned property, and to have all of the College's upland property under a common land use category, even though the uplands are very small islands with no access. The value to the College is primarily the transferability of development rights, because the small uplands will probably never be developed themselves. The PPC staff recommended against the change, but the PPC recommended in favor; however, the County Commission denied the petition in March of 1989. The special act calls for a hearing officer to conduct a hearing and prepare findings of fact, which go back to the County Commission to serve as the basis for a final hearing. The County Commission has the authority to make the final decision. A petition for the required administrative hearing was filed by the County in February of 1990, and a hearing was scheduled for May of 1990, but the case has been continued while the City discussed settlement possibilities. The settlement discussions included a proposal to exchange property, but the proposal was not deemed acceptable. In their petition for an administrative hearing, the County's attorney alleged generally that the plan amendment the City requested is inconsistent with the goals, policies and objectives of the countywide plan, and inconsistent with surrounding land uses, and that the open space designation on the countywide plan effectively recognizes private property rights. Staff recommends the City withdraw the plan amendment for reasons listed as follows: 1) staff perceives little or no chance of success when the matter is brought back to the County Commission after the hearing; 2) To proceed with the application will require the expenditure of additional staff time, and the use of the City's former planning director as our witness, taking her away from her duties with the Hillsborough County planning department; 3) City withdrawal of the application will not mean that the City has no further interest in a proper land use category for the property; this will be identified as one of the conflicts to be worked out in achieving consistency with the countywide plan; and 4) The College will be free to petition for a plan amendment at any time. Initiative by the College may give the amendment a better chance of success. Commissioner Regulski moved to authorize withdrawal of the application. The motion was duly seconded and carried unanimously. XIV - City Manager Verbal Reports The City Manager reminded the Commission of the Special Meeting regarding Financial Forecasting to be held 8/5/91 at 1:00 p.m. He encouraged all who could attend to do so. He also announced the Public Information Meeting regarding the Stormwater detention requirements on 8/5/91 at 6:00 p.m. XV - Other Commission Action Mayor Garvey requested consideration of the Maas Brothers Task Force. Discussion ensued regarding who should serve on the board. Consensus was for staff to develop a mission statement and to present alternative membership structure to be discussed at the next meeting. Commissioner Fitzgerald questioned the status of Stevenson's Creek in light of the recent rains. Mr. Baker reported there had been no instances of flooding and the creek is being closely monitored. Some construction has been delayed due to the rain. XVI - Adjournment The meeting adjourned at 7:45 p.m.