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08/15/1991 CITY COMMISSION MEETING August 15, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 15, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. 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 James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Del Copeland of the First United Methodist Church. 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. One service pin was awarded to a City employee. IV - Introductions and Awards - none. V - Presentations. a) None. b) Carol Warren presented a check on behalf of the Downtown Business Crime Watch and the Police Department to the Sertoma Clubs of Clearwater to purchase 208 "Drug Free Zone" signs which are to be posted at schools, parks and recreation areas. If anyone is arrested for drug activity where these signs are posted, they may be subject to double the prison time and/or fines. c) The Government Finance Officers Association (GFOA) distinguished budget award for FY90-91 was presented to the City. This is the fifth year the City has received this award. VI - Minutes of the Regular Meeting of August 1, 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of August 1, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Robert Clark complained regarding tree limbs along Drew Street not being trimmed creating a problem for the bus drivers and requested staff investigate. Larry Wellborn expressed concern regarding the procedure to be used in filling positions at the Sailing Center. It was indicated the selection process would be handled through the proper channels. Anthony Chisma, representing Bethel Lutheran Church, requested quick action be taken on their request for sewer service. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & Second Reading Ordinance #5118-91 - Providing for advance refunding of outstanding gas system revenue bonds Finance Director Dan Deignan stated the refunding of the bonds will generate a savings for the City. He said even though there is a reduction in the interest rate the return will still be significant. Representatives from Raymond James & Associates, Inc., distributed a Pricing Book regarding the revenue bonds and reviewed the summary of financing, the credit report, annual debt savings by year, etc. The bonds will be AAA with a $7,680,000 issuance cost. A total debt service savings of $752,919.07 will be realized. The closing date is set for September 4, 1991 and it is felt the 6.87 percent interest rate obtained by Smith Barney, Harris Upham & Company, Inc., the underwriters, is favorable. The City Attorney presented Ordinance #5118-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5118-91 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 #9a - Resolution #91-31 - Authorizing negotiated sale of gas system revenue bonds; Series 1991 to Smith Barney, Harris Upham & Co., Inc. The City Attorney presented Resolution #91-31 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-31 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 #9b - Resolution #91-32 - Providing for the redemption of certain of the outstanding gas system revenue bonds; Series 1983 The City Attorney presented Resolution #91-32 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-32 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 #10 - Proposed 1991/92 Budget - Public Hearing and First Reading Ordinances #5115-91, #5116-91 and #5117-91 (AS) Based on Commission direction, the City Manager presented recommendations reducing the proposed budget to the roll back millage rate of 5.1158. He stated, once this budget is adopted, he would immediately start to work to close the $1.6 million gap we are facing for the FY 1992/93 budget. The proposed reductions are as follows: Category One Error correction, Fun and Sun Contribution $ 20,955 Custodial costs savings as a result of recent bid 12,900 Messenger savings due to fax machine installation 3,125 Delete $7,500 from Library 75th Anniversary 7,500 Subtotal 44,480 Category Two Delete Tree Inventory Program from Environmental $ 10,000 Reduce Professional Services in Finance Dept. 30,000 Reduce General Fund Overtime 100,000 Transfer Street Sweeping Costs from General Fund to Stormwater Utility 58,000 Transfer Contribution for Tampa Bay Estuary from General Fund to Stormwater Utility 9,000 Transfer 1.5 positions from the Long Center to the Sailing Center and eliminate an additional .5 position from the Long Center 37,240 Eliminate one position from the Sailing Center 16,190 Reduce Library book purchases 20,000 Reduce Contractual Services in Legal and Finance 28,430 Subtotal $308,860 Grand Total $353,340 It was suggested a policy decision be made by the Commission to cap the number of employees at the current level of 1611.4. It was indicated the budget already puts a cap on employees and a policy statement would be redundant. Concern was expressed that it is difficult to forecast when additional employees may be needed in order to meet state and federal regulations or for public safety reasons. A question was raised regarding what effect eliminating all funds for professional services in the Finance Division would have on financial controls. It was reported there would be no effect on the controls but there would be a longer transition period in converting to a new computer system. In response to a question, it was indicated the General Fund overtime reduction would occur in a majority of departments, mostly in the Police. Discussion ensued regarding the contribution to the Florida Orchestra. Commissioner Fitzgerald moved to adopt the position regarding the Florida Orchestra that funds will be provided on a challenge basis up to $10,000. The motion was duly seconded. Concern was expressed that having the Florida Orchestra meet the challenge for the full amount, especially this year, may jeopardize their financial position at this time. Also, it was felt the cultural desires of the community need to be considered and a $10,000 contribution would show the City's commitment to support the Florida Orchestra and at the same time other area cities will be challenged to also provide support. There was discussion regarding conveying a message to the Florida Orchestra that the City may pursue a different relationship with the Florida Orchestra in the future. It was questioned whether to specify the cities to be included in the challenge. Commissioner Fitzgerald amended his motion to specify Largo, Safety Harbor, Dunedin, Tarpon Springs, Oldsmar and Pinellas County as those being challenged to support the Orchestra. The seconder accepted the amendment. Upon the vote being taken on the amended motion, Commissioners Nunamaker and Fitzgerald voted "aye;" Commissioners Regulski and Berfield and Mayor Garvey voted "nay." Motion failed. Commissioner Regulski moved to approve a contribution of $10,000 to the Florida Orchestra with an additional $5,000 to be given when and if during the fiscal year the surrounding communities of Dunedin, Largo and Safety Harbor contribute $5,000 total. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Discussion ensued in regard to the contribution to the Tampa Bay Estuary Program and it was felt this program is important and a challenge should be made to surrounding Tampa Bay communities to become involved. Three citizens spoke in regard to the budget. The Commission was complimented on its policy of promoting from within of both the City Manager and Assistant City Manager. The City Manager was complimented on the budget format and forecast and commended for rolling back the millage rate. The Commission was urged to read a comprehensive budget report and criteria for improving the budget. It was felt this year's budget was clearer than in the past. Attention to overtime throughout the entire budget was requested. Concern was expressed that recreational facilities were getting out of hand as Clearwater residents were not the only users. It was recommended these non-residents pay a substantial fee through an agreement with the county. It was also felt the Long Center needed a closer look. Concern was expressed that the dollars budgeted for Police Department overtime were looked at as being overabundant. It was indicated this fund acts as a safety valve for meeting specific problems and demands placed upon the Police Department. It was noted that the Tampa Bay Estuary Program does have a sunset clause. The City Manager reported there will be a General Fund cash reserve of approximately $485,000 which is above the 10 percent reserve established by Commission policy. He proposed this surplus be designated as a special reserve fund to pay for the salaries of retired public safety employees who remain on the payroll but who are not actually working. This will allow for their replacement or the position can remain vacant until they are off the payroll. In response to a question, the City Manager indicated it is difficult to budget monies for these employees. Discussion ensued in regard to the liability regarding retiring employees getting worse each year; however, it was questioned whether a special fund should be set up for this purpose. It was pointed out the City Manager has the discretion to fill positions that need filling with the budget adjustment coming from the surplus fund. The City Manager asked direction in regard to filling vacant positions and the use of surplus funds. Consensus was to support the paying of salaries for those police and fire personnel retiring and staying on the payroll from the excess in the surplus fund but not to set up a special fund for same. a) First Reading Ordinance #5115-91 Declaring a Millage Rate to be levied for the Fiscal Year beginning October 1, 1991 and ending September 30, 1992, for Operation Purposes Including Pensions and Debt Service Road and Drainage Capital Improvements, and A reserve for Self Insurance. The City Attorney presented Ordinance #5115-91 for first reading and read it in full. Commissioner Fitzgerald moved to pass Ordinance #5115-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. b) First Reading Ordinance #5116-91 Adopting an Operating Budget for the Fiscal Year beginning October 1, 1991, and ending September 30, 1992; Authorizing the City Manager to Issue Such Instructions that are Necessary to Achieve and Accomplish the Service Programs so Authorized; Authorizing the City Manager to Transfer Moneys and Programs Among the Departments and Activities Within any Fund as provided by Chapter 41 of the Clearwater Code of Ordinances. The City Attorney presented Ordinance #5116-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5116-91 with corrected Exhibit A on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. c) Ordinance #5117-91 Adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 1991, and ending September 30, 1992; Approving the Six-Year Capital Improvement Program which shall be Reevaluated at the beginning of each Fiscal Year; Authorizing the City Manager to Issue Such Instructions that are Necessary to Achieve and Accomplish the Capital Improvements so Authorized; Authorizing the City Manager to Transfer Money between Projects in the Capital Improvement Program; Appropriating Available and Anticipated Resources for the Projects Identified. The City Attorney presented Ordinance #5117-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5117-91 with corrected Exhibit A on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The meeting recessed from 8:00 p.m. to 8:10 p.m. ITEM #11 - Public Hearing & First Reading Ordinance #5119-91 - Vacating 5' utility easement lying along E lot line of Lots 1 through 6, Blk 40, Mandalay Sub.(O'Connell/City V91-08) (PW) The applicant is requesting the vacation of the 5 foot Utility Easement lying along the east side of Lot 1, Block 40, Mandalay Subdivision. Their pool structure and the decking were built into the easement. The platted depth of the subject lot is 111 feet. The measured depth to the seawall is 131.1 feet along the south property line and 131.45 feet along the north property line. The applicant's survey shows the easement lying along the original platted east lot line. Several of the homes in the same block have structures encroaching into the easement. The City has no existing utilities within the easement. The Engineering Division is suggesting the full easement along the east side of Block 40 be vacated. This request has been reviewed by the various City Departments/Divisions and there were no objections to the vacation. Florida Power, General Telephone and Vision have no objections. Commissioner Regulski moved to approve the vacation of the North-South 5 foot Utility Easement, lying along the East lot lines of Lots 1 through 6, Block 40, Mandalay Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5119-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5119-91 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 #12 - (Cont. from 7/18/91) Public Hearing & First Reading Ordinance #5105-91 - Creating Sec. 136.031, adopting standards and specifications for stormwater detention facilities; amending Sec. 137.010, relating to site plans and stormwater detention requirements for development projects requiring site plan approval (PW) Property undergoing development within the City of Clearwater has for many years been subject to stormwater detention and treatment requirements based primarily upon the extent of impact the development occasioned. In the case of redevelopment of property which was at the time of its initial development not subject to any stormwater requirements and therefore extensively paved or otherwise impervious, the impact of the redevelopment is often a betterment to the stormwater situation, and the developer circumstantially avoids having to provide stormwater facilities. In the City's Comprehensive Plan, it was pledged to eliminate that inequity by adopting new retrofit standards relative to stormwater requirements. This was in fact accomplished by the City Engineer in January, and redevelopers have been subject to the new requirements since that time. The subject Ordinance has been written for the purpose of specifically ordaining the actions of the City Engineer and for certain streamlining. Downtown interests have expressed a desire that the Urban Center zoning area be exempt from code requirements relating to stormwater detention. While the ordinance has not been brought forward with any exclusionary language, staff has no problem with such an exception inasmuch as the downtown area is already the recipient of certain special considerations designed to encourage redevelopment. Bill Baker, Public Works Director, said this ordinance removes the mathematical quirk that allowed development with no detention requirements to escape these requirements again. He said redevelopment needs to be encouraged but not at the expense of the environment and that the requirement for water quality is being adhered to. He discussed the design criteria for stormwater management and how design coefficients are obtained on a weighted run-off method for both predevelopment and post development. It was recommended that on page 1 and on page 5 of the "Design Criteria, Storm Drainage--City of Clearwater" relating to stormwater drainage and detention that reference made to the run-off coefficient of .37 for impervious areas undergoing redevelopment be eliminated and replaced with the table distributed at tonight's meeting which contained more "sophisticated" calculation formulas. Discussion ensued in regard to language being added to the ordinance clarifying when a retention project is "underway" in order to determine what formula to use. The City Attorney recommended doing this in the form of a footnote added to the ordinance. Consensus was to add language prior to second reading of the ordinance. One citizen requested the downtown not be exempted and to use the strictest interpretation of this ordinance. He encouraged the requirement for green space wherever possible. A representative of the Chamber of Commerce questioned how the new equation would alleviate concerns for the downtown. He strongly supported the exemption for the downtown. He said money generated from the utility fee pays for retention in the downtown and felt that special consideration for the downtown would not be detrimental to water quality and quantity. A member of the Environmental Advisory Committee asked for clarification of what constitutes "redevelopment" and requested the location of the flood problem areas. There was discussion regarding all redevelopment areas being treated equally throughout the City. Information regarding which areas were having flooding problems, in particular, the Downtown, was requested. Staff is to provide this information prior to second reading. Commissioner Regulski moved to approve the requirement that redevelopers of property in the City of Clearwater abide by the same standards relating to stormwater as first time developers. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5105-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5105-91 with amended Exhibit A on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney announced second reading of the ordinance will be held at a Special Meeting on August 29, 1991 at 5:01 p.m. ITEM #13 - Public Hearing & First Reading Ordinance #5124-91 - Relating to flood protection; amending Sec. 146.004, revising definitions of "substantial improvement" and "market value of the structure" (PLD) The City Attorney and City staff have identified a need to revise the definition for "substantial improvement" in the flood protection ordinance due to a concern about the consistency of treatment of properties on Clearwater Beach and Sand Key and those on Island Estates. The concern is that these areas share similar characteristics with regard to flood activity; therefore, these areas should be treated in a similar fashion under all regulations. State and federal laws differ with regard to how these two areas are described and regulated. The federal requirements (FEMA) define both Clearwater Beach and Island Estates as "areas of special flood hazard", while the State of Florida defines only Clearwater Beach and Sand Key as being areas within the "coastal building zone". Because of these distinctions, the City code currently provides for a substantially dissimilar treatment of these areas. With regard to the definition of what constitutes "substantial improvement", Clearwater Beach and Sand Key are governed by a "cumulative total" state "rule" concerning substantial improvements that limit improvements to a structure to 50% of the value of the structure cumulative over the life of the structure before full compliance with flood protection requirements must be achieved. Island Estates, however, is governed by a federal rule which states that local governments may establish regulations which reflect appropriate time periods for what constitutes "substantial improvements". In this case, the City has established a definition of "substantial improvement" that limits improvements to a structure to 50% of the value of the structure cumulative over a one year period before full compliance with flood protection requirements must be achieved. Legal research has revealed that the state "rule" is based solely on an informal staff opinion from the Florida Department of Community Affairs. Consequently, since no formal rule has been established, as required under the Administrative Procedures Act (Chapter 120, Florida Statutes), the state "rule" is not binding on the City. The proposed change to the definition of "substantial improvement" simply consolidates the flood protection requirements for Clearwater Beach, Sand Key and Island Estates to reflect current City regulations relating to federal requirements. That is, for these areas, improvements to a structure are limited to 50% of the value of the structure cumulative over a one year period before full compliance with flood protection requirements must be achieved. The proposed change to the definition of "market value of the structure" is made to eliminate inconsistencies associated with the changes to the definition of "substantial improvement". A representative of the Chamber of Commerce spoke in regard to this ordinance expressing concern if this ordinance is not adopted the beach communities would be economically impacted causing deterioration and he strongly endorsed its passage. In response to a question, the City Attorney indicated he would send a copy of this ordinance to FEMA. Commissioner Fitzgerald moved to approve the Land Development Code Amendment which revises the definitions of "substantial improvements" and "market value of the structure" with regard to the Flood Protection Regulations. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5124-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5124-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Second reading of the ordinance will be held on September 5, 1991. Concern was expressed in considering a zoning application for a zoning district before it is established and it was requested that Item #22 be taken out of order. ITEM #22 - See page 17 ITEM #14 - Public Hearing & First Reading Ordinance #5113-91 & #5114-91 - Land Use Plan Amendment to Industrial and RD Zoning for Parcel A and B: Parcel A located in Sec. 17-29-16, M&B 21.00, less and except those lands zoned AL/I, Parcel B located in Sec. 17-29-16, M&B 24.03, less and except those lands zoned AL/I (50 acres m.o.l.) of the Park Place Development of Regional Impact (DRI) located between Drew Street, Gulf-to-Bay Boulevard, U.S. Highway 19 and Hampton Road (Building Operation Holding Co., LUP91-04, Z91-01)(PLD) This is a request to modify a portion of Phase II and all of Phase III of the Park Place Development of Regional Impact (DRI) to allow industrial land uses in lieu of office uses. Park Place is a 99.1 acre office and retail development located across Gulf-to-Bay Boulevard from Clearwater Mall. At this point in time, the original owners of the project have gone through foreclosure and the new owner, Building Operation Holding Company, has a client, American Cyanamid, interested in developing the subject property (48.421 acres) with "light, clean manufacturing uses". The property is currently zoned General Office with a Residential/Office land use classification. In order to accommodate the proposed uses, a land use plan amendment and a zoning amendment is needed. This action will be in compliance with Chapter 380.06, Florida Statutes, requiring a Notice of Proposed Change to an already approved DRI. Industrial uses typically generate less traffic than do office developments of a similar size so it is anticipated that the proposed development will have a significantly reduced impact on road facilities from the original development plan. The Park Place DRI has been adopted in the Clearwater Comprehensive Plan as a Regional Activity Center (RAC), a geographic location having adequate existing infrastructure and transportation facilities and where new development is encouraged to be built rather than in areas needing new infrastructure. Additional development in accordance with Phases II and III of the conceptual development plan will require the payment of additional transportation impact fees. Additional considerations required for the approval of subsequent phases are included in the development order. Annual reports must be submitted for approval by the City and Regional Planning Council. September is the anniversary month for the annual reports for the Park Place DRI. Timothy Johnson, attorney representing the owner and contract purchaser, stated American Cyanamid's facility has been outgrown. They have the opportunity to acquire a substantial portion of the Park Place Development of Regional Impact (DRI). He said they will manufacture lenses used after cataract surgery and feels the use is appropriate for the property. In response to a question, it was indicated the facility will be one-story. In response to a question, it was anticipated at this time approximately 48 acres would be transferred to the RD/O district but could be less depending upon the exact location being identified. It was noted second reading of the ordinance will take place in December and the application will require going through the DRI process. Discussion ensued in regard to the size of the facility and it was indicated the facility would use approximately 20 acres and the remaining acreage would remain in the office category. Commissioner Regulski moved to approve a land use plan amendment to Industrial and a zoning amendment to Research, Development and Office Park (RD) for a portion of Phase II and all of Phase III (48.421 acres) of the Park Place Development of Regional Impact. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5113-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5113-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5114-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5114-91 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 #15 - (Cont. from 6/4/91) Alcoholic Beverage Distance Separation Variance for property (Britt's Beachside Cafe) located at 201 S. Gulfview Blvd., Lloyd-White-Skinner Sub., Lots 48-52 and Lot 98 (Stanislaw, Budzinski, AB91-07)(PLD) To be Cont. to 9/5/91 This item has been continued several times due to pending appeal action. The Administrative Hearing Officer's determination relative to the denial of a parking variance has not been received. It is recommended this item be continued to allow the determination to be received and reviewed by staff. Commissioner Regulski moved to continue this item until the next regularly scheduled meeting of September 5, 1991. The motion was duly seconded and carried unanimously. ITEM #16 - (Cont. from 7/18/91) Alcoholic Beverage Distance Separation Variance for Penguin Palace Restaurant located at 7 Rockaway St., Miller's Replat, Lot 2 & vacated beach drive on West and Lot 3 (Alexiou, AB91-15)(PLD) The subject property is located in the CR-28 zoning district, which automatically establishes a requirement for a separation variance since the CR-28 district is regarded as a residential district and alcoholic beverage uses are required to be separated from residential districts. On April 2, 1991, the Planning and Zoning Board granted a conditional use permit to allow an ownership change for the establishment, as well as to permit expansion of the outdoor seating area located on the west side of the property. The approval was subject to the following conditions: 1) the requisite occupational license shall be obtained within one year from the date of the public hearing; 2) the applicant shall obtain the required variances from the Development Code Adjustment Board; 3) the applicant shall obtain the required variances from the Commission; and 4) the applicant shall obtain the requisite permits from the state Department of Natural Resources. The existing deck of this establishment has been the subject of protracted code enforcement action. Most recently, on January 8, 1991, the Municipal Code Enforcement Board (MCEB) heard a code violation case involving the deck. The essence of the code violation is that the existing deck is built west of the CCCL, over City right-of-way, and has never received the necessary City permits or a Department of Natural Resources permit for the deck's construction. An affidavit of non-compliance was submitted to the MCEB on April 11, 1991. The fine is being assessed at $100.00 per day. The applicant has submitted an application for a permit to Florida Department of Natural Resources. The MCEB provided the applicant with a 90 day period to comply with City and State requirements. This separation variance request is one of the required approvals that the applicant must obtain in order to "legitimize" the existing deck and allow its expansion. The applicant has been delayed in pursuing the required approvals due to one proposed new owner deciding to withdraw his offer to purchase the facility. The Planning and Development Director stated the applicant has applied for state permits and the Development Code Adjustment Board at their meeting of August 8, 1991, had approved variances to allow the existing deck to remain subject to all necessary permits and approvals being obtained. An alcoholic beverage separation variance had been granted in November 1988; however, the size of the deck at that time is unknown. In response to a question, it was indicated that variances go with the land and not the owner. George Greer, attorney representing the applicant(tenant), stated the deck had been built and expanded without permits by previous owners. In 1988, an attempt was made to "legitimize" the existing deck; however, the new owner did not follow through in obtaining the necessary permits. The property has now been repurchased by the current owner. He said the neighboring Clearwater Beach Hotel had no objections to "legitimizing" what is already there. Commissioner Regulski moved to approve a variance of 250 feet to allow alcoholic beverage sales within 0 feet from a residential zone on a deck area not to exceed a total of 972 square feet. 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 #17 - Alcoholic Beverage Distance Separation Variance for Stinger's located at 18443 and 18449 US19N, Levitz Plaza (formerly Grant's Plaza), Units 4-6, Sec. 20-29-16, M&Bs 33.02 & 33.021 (Home Shopping Network Realty, Inc. AB91-17)(PLD) The Planning and Zoning Board continued the conditional use permit associated with the above referenced variance request until its meeting of September 3, 1991. Consequently, this item needs to be continued until September 19, 1991. Commissioner Berfield moved to continue this item until the regularly scheduled meeting of September 19, 1991. The motion was duly seconded and carried unanimously. ITEM #18 - Variance to the Sign Regulations for property (Home Depot) located at 21870 US19N, Clearwater Collection 2nd Replat, Lot 1 (Home Depot U.S.A., Inc. SV91-14)(PLD) The applicant is requesting two variances to the sign regulations to permit him to install signage he contends is necessary to properly identify his new store presently under construction at the Clearwater Collection Shopping Center. Both of the requested variances are for increased surface area beyond that permitted by the sign regulations. On earlier requests for sign variances for this development, the Clearwater Collection Associates, Ltd. argued that the limitation of signage for CPD (Commercial Planned Development) placed this development at a disadvantage when compared to other business centers along US19. In the last variance granted for this development relating to property identification signage, the Commission stipulated that no further ground or pole signs shall be permitted for property identification signs for the Clearwater Collection Shopping Center. Therefore, further property identification signage is required to be wall or projecting signs. The proposed business identification sign appears to be approximately the same size as the applicant presently has on his store at US19 and Enterprise, and for which a notice of non-compliance with the City's sign regulations was sent as a result of the sign survey. Todd Pressman, representing the applicant, said the proposed size of the sign on the south side of the building is being reduced as it is will only be functional from the parking lot. The letters will be approximately 3.3 feet high and will comprise approximately 2.9 percent of building frontage. Discussion ensued in regard to the business being located more than 200 feet from U.S. Highway 19 and approximately 1000 feet from Drew Street. It was felt the number of property identification signs was minimal and the reduction of the size of the sign was reasonable. Commissioner Regulski moved to approve a variance of 48.92 square feet surface area to permit a business identification sign with a total of 176 square feet on the south side of the building and a variance of 57.67 square feet surface area to permit a property identification (wall) sign with a total of 185.67 square feet on the east side of the building subject to the following conditions: 1) all required permits shall be obtained within six months of this public hearing; and 2) the applicant shall not be permitted any additional freestanding or attached signs for this property or business, other than directional signs allowed by Code. The motion was duly seconded and carried unanimously. It was noted for the record in approving this request the setbacks and the type of sign, which will be comprised of individual letters, were taken into consideration. ITEM #19 - Variance to Sign Regulations for property (Dimmitt Cadillac) located at 25191 US19N, Sec. 32-28-16, M&Bs 32.08 & 32.10 (Dimmitt SV91-15)(PLD) The applicant is requesting a variance to permit the modification of an existing sign in a Highway Commercial District (CH). The applicant's sign was cited as non-complying during the City's sign survey, both as to surface area and height. The applicant proposes to reduce the surface area to a conforming size by removing the GM logo, but wishes to maintain the major sign element as it is, which is approximately 36.5 feet high. The sign regulations restrict all pole signs which are under 150 sq.ft. in surface area to 20 feet in height. The applicant states the existing height is necessary in order for it to be visible and effective in assisting traffic on U.S. Highway 19 to locate the car sales establishment. He further states the sign does not detract from neighboring properties and that trees and power lines would interfere with the visibility of the sign if it was lowered to 20 feet. A site visit by staff confirmed the sign does not interfere with adjacent property. It was noticed that power lines are presently in the line of motorists' view of the sign. If the sign were lowered, it does not appear that trees would unduly limit the visibility of the sign. Gordon Schiff, representing the applicant, said the request is for a single height variance. He said the business is setback 40 feet due to the significant frontage and landscaping, Florida Power easements and power poles. The applicant will agree to the stipulation there be no sign on the building. He said the request is minimal, the intent of the code is being met and, if the sign is lowered, it will be difficult to identify the business. In response to a question, it was indicated the sign is under the maximum square footage allowed. Commissioner Nunamaker moved to approve a variance to allow a sign to remain until the amortization date of October 13, 1992 at which time the applicant may reapply for the variance. The motion was duly seconded. Discussion ensued in regard to a 1985 agreement allowing the subject sign to be moved from the downtown area to the present site and the applicant waiving his right to have a sign on the building. There was also discussion if no action is taken, the applicant can still reapply for the variance after the amortization period. It was indicated the proposed overpass may possibly provide some merit for allowing additional sign height. Upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried. ITEM #20 - Variance to Sign Regulations for property (Atrium at Clearwater Square) located at 601 Cleveland St., Gould & Ewing 2nd Addn., Blk 13, Lots 1-4 & vacated alley & unsubmerged land to E (Maria Real Estate, Inc. SV91-16)(PLD) The applicant is requesting a variance to permit construction of additional signage for identification of the Sun Bank building (to be known as Atrium at Clearwater Square) and of the businesses within this 9 story building. The requested signage is primarily to assist pedestrians in locating the building and businesses therein. The City's sign survey found that the existing signage for this building is in compliance with the sign regulations. Presently, the Sun Bank has two approved business identification signs at the top of the applicant's building. These signs are too high to assist pedestrians in identifying the building. The applicant is requesting a building identification sign at street level to enable pedestrians to more readily identify the building. The directory portion of the proposed sign is to assist pedestrians in identifying businesses occupying the building without having to enter the building to find a directory. Troy Millenburg, representing the applicant, submitted a scaled drawing of the proposed directory sign stating the sign will be limited to the ten largest tenants. He indicated their original request was for 6-inch letters. Staff is recommending 3-inch letters. He is now requesting 5-inch lettering as the landscaping would not allow for pedestrian traffic to get nearer than 30 feet and would be proportionate to the overall sign. Commissioner Nunamaker moved to approve variances for: a) one additional business identification sign (total of three) to permit the placement of a combined building identification/directory sign; and b) 43 sq.ft. additional surface area for the business identification sign to be used as the building identification/directory sign; subject to the following conditions: 1) the area of the portion of the sign used for building identification shall not exceed 35 sq.ft.; 2) letters for the directory sign shall not exceed 5 inches in height; 3) the overall area of the portion of the sign used as a directory sign shall not exceed 56 sq.ft.; 4) all required permits shall be obtained within six months of this public hearing; 5) no additional business identification signage beyond that presently existing and that proposed in this request shall be permitted; and 6) there shall be a maximum of ten tenants identified on the sign. The motion was duly seconded and carried unanimously. ITEM #21 - Variance to Sign Regulations for property (Rooms to Go Furniture) located at 24400 US19N, Blackburn's Sub., part of Lot 6 (Logan Clearwater Association L.P., SV91-17)(PLD) This is a request for a sign variance to permit a 52 sq.ft. attached business identification sign where 15 sq.ft. of such signage is permitted. The subject property is the site of a new furniture sales operation on the west side of US19 and is zoned Highway Commercial. The CH district permits a property identification sign of 112 sq.ft. and a business identification sign of 15 sq.ft. As a condition of granting the variance, the applicant is suggesting the allowable area of the freestanding sign to be constructed on this property be reduced from 112 sq.ft. to 75 sq.ft., a reduction of 37 sq.ft. (the same number of additional square feet requested for the proposed attached sign). The applicant is proposing to "trade" square footage for the business identification sign. Staff is generally opposed to such tradeoffs between sign classes. However, the Commission may find that this proposal offers the opportunity for a reduction in the most objectionable type of signage (freestanding signs), while allowing an increase in the amount of attached signage. Jerry Lee, representing the applicant, stated he is not asking for any additional signage. He said this type of building is designed with maximum frontage and the request would allow approximately 2 percent of the building face to be covered. He distributed photographs of other stores with similar signage. In response to questions, Mr. Lee indicated the building is approximately 150 feet wide, the sign will consist of individual channel letters designed to be illuminated at dusk and will not extend above the roof line. Commissioner Regulski moved to approve a variance of 37 square feet to permit 52 square feet of business identification signage where 15 square feet of such signage is allowed subject to 1) no more than one freestanding sign shall be permitted; this sign shall contain a maximum area of 75 square feet; and 2) the requisite sign permit shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #22 - Ordinance #5107-91 - Creating Div. 23A within Chapter 135, establishing a new research, development and office park district There was discussion at the August 12th Work Session by the Commission to increase the minimum lot size to 1 acre (43,560 square feet). This would create a zoning district primarily geared toward larger properties. This would limit the potential for use of this district for infill development, but is more in keeping with the "traditional" minimum district and lot sizes of this type of district. More communities that utilize a "Research and Development," "Office Park," or "Business Park" district typically have a number of relatively large undeveloped areas to which to apply these districts. Clearwater does not share this characteristic with these communities. Due to Clearwater's development patterns, it is felt a smaller district and lot size is appropriate for the Research, Development and Office Park District. However, if the Commission desires to utilize this district for larger areas, staff would recommend the development of a similar district which could be used primarily for infill areas that would have smaller minimum district and lot sizes, and perhaps more restrictions on floor area ratio, use limitations, etc. than the proposed district so as to better buffer uses in this new district from uses in adjoining zoning districts. Commissioner Regulski moved to amend Ordinance #5107-91; on page 2, revise Section 135.1525(1) as follows: (1) One accessory dwelling may be provided for security purposes on any property having a lot area of 40,000 square feet or more; on page 3, amend Section 135.1526 as follows: (1) Minimum lot area: Forty thousand (40,000) square feet. (2) Minimum lot width at setback line: One hundred fifty (150) feet. (3) Minimum lot depth: One hundred fifty (150) feet. (4)a.1. From a street right-of-way: Forty (40) feet. 2. From a side or rear property line abutting a nonresidential zone: Twenty (20) feet. 3. From a side or rear property line abutting a residential zone: Twenty-five (25) feet. 4. From a side or rear property line abutting a railroad right-of-way: None required.; and on page 4, amend Subsection (6) of Section 135.1526 as follows: (6)a. For the lot: Forty (40) percent of the lot area. b.1. Fifty (50) percent of the front yard area, for properties developed with a sixty (60) foot or greater setback from street rights-of-way. 2. Seventy-five (75) percent of the front yard area, for properties developed with less than a sixty (60) foot setback from street rights-of-way. The motion was duly seconded and carried unanimously. The recommendation of the Planning and Zoning Board regarding the addition of commercial and trade schools as a conditional use was not incorporated into the ordinance due to an oversight. A review will be made to determine if an amendment should be made. The City Attorney presented Ordinance #5107-91 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5107-91 as amended 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 #23 - Ordinance #5120-91 - Repealing Art. I of Ch. 138, relating to standard building code; repealing Chs. 139, 140, 141, 142 and 144, electrical, plumbing, gas, mechanical and roofing; creating new Art. I within Ch. 138 The City Attorney presented Ordinance #5120-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5120-91 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 #24 - Ordinance #5121-91 - Vacating N 3.5' of 7.5' utility easement lying on S side of Lot 11, Blk 24, 5th Addition to Highland Pines Sub., less and except W 25' thereof (Melmoth V91-04) The City Attorney presented Ordinance #5121-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5121-91 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 #25 - Ordinance #5122-91 - Vacating S 2.5' of 15' utility easement lying along N side of Lot 36, Del Oro Groves, First Addition, less and except W 58' thereof (Bianco V91-07) The City Attorney presented Ordinance #5122-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5122-91 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 #26-46) - Approved as submitted less item #26. Agreements - Approved less item #26. ITEM #26 - See page ITEM #27 - Revised Cooperation Agreement with Pinellas County for use of funds to be provided under the HOMES federal housing program (PLD) ITEM #28 - Approving format for Agreement to enter the Infill Housing Program establishing rights and responsibilities of the City, Clearwater Neighborhood Housing Services and the clients who buy new homes. (PLD) Bids & Contracts - Awarded. ITEM #29 - Annual contract to purchase black 3408 (PE) pipe to Phillips Engineering Co., Clearwater, FL, for the period 8/13/91-8/12/92, at an estimated cost of $152,418 (GAS) ITEM #30 - Purchase one Ford F-800 Truck with trash body & crane loader from Mike Davidson Ford, Jacksonville, FL, for $57,966.75; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #31 - Rescind contract to Brooking Ford Tractor Company and Award contract to Ford New Holland, Inc., Tucker, GA, for purchase of one Ford 260-C Wheel Tractor with box blade and dozer blade for $18,548 (GS) ITEM #32 - Contract for roof engineering and design services for seven City facilities to Professional Service Industries, Inc., Clearwater, FL, at an estimated cost of $35,500 (GS) ITEM #33 - Purchase Order Contract to Smith Fence Company to install new upgraded backstop and wing fencing on the two ballfields at Frank Tack Park for $32,238 (PR) ITEM #34 - Purchase of Lot 1, Blk G, Highland Terrace Manor for $65,000 (Haynes)(PW) ITEM #35 - Purchase of a Traacs 800 Random Access Automated Chemical System for the Water Pollution Control Laboratories from Bran & Luebbe Analyzing Technologies, Inc., Elmsford, NY, for $49,716 (PW) Citizens & Staff Requests - Approved. ITEM #36 - Ranking of prospective consulting engineers to prepare a PD&E study for the widening of Drew Street as follows: 1) Post, Buckley, Schuh & Jernigan; 2) Wade-Trim, Inc.; 3) Parsons, Brinkerhoff, Quade & Douglas, Inc.; and authorize negotiations with the selected firms in order of their ranking (PW) ITEM #37 - Continuation in utilizing federal grants to fund the Community Housing Resource Board (CHRB), CAP Inc., and the NAACP to conduct Community Relations Outreach Activities (PLD) Change Orders - Approved. ITEM #38 - C.O.#1 to the 1991 Subdrain Contract increasing the amount by $59,995 for a new contract amount of $199,705 with Suncoast Excavating, Inc., Ozona, FL (PW) Plans & Plats - Approved. ITEM #39 - Preliminary Site Plan for Union Street United Methodist Church located at 1625 Union St., Sec. 2-29-15, M&B's 12.03 & 12.04, 4.88 acres m.o.l. (PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) The site plan shall be reviewed to clearly delineate the existing parking, building heights and building separation distance prior to DRC review. The applicant shall obtain approval of any related variances prior to site plan review by DRC; and 2) Signs and fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #40 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for a part of Sec. 1-29-15, M&B 34.272, 2.40 acres (Johnson A91-09, LUP91-10)(PLD) ITEM #41 - Amendment to Sec. 72.15 concerning the Sale or Service of Alcoholic Beverages (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #42 - First amendment of easements with Florida Power Corp. to the City for water supply wells in Sec. 18-29-16 ITEM #43 - 5' Drainage, utility and sidewalk easement - W 5' of Lots 201 through 208, Morningside Estates Unit 1 Sub. (Beth Shalom) ITEM #44 - Drainage and utility easement - NW corner of Pinellas St. and S. Ft. Harrison Ave. (Morton Plant Hospital) ITEM #45 - Water easement over portion of Lot 2, Clearwater Tower Sub. (MAS One Ltd.) ITEM #46 - Right-of-way easement - W 10' of Lots 8, 9, & 10, and portion of Lots 7, 11 & 12, Blk L, Hibiscus Gardens (Community Pride Child Care Center of Clearwater, Inc.) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #26 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #26 - Interlocal agreement with Pinellas County extending the local option gas tax to August 31, 2007 (PW) Pinellas County originally adopted a four cent per gallon gas tax to be effective from September 1, 1985, through August 31, 1995. Effective September 1, 1987, Pinellas County raised the four cent tax to six cents and extended the collection period from September 1, 1995, through August 31, 1997. The County now proposes to extend the six cent gas tax for an additional period of ten years, from September 1, 1997, through August 31, 2007. The new proposed interlocal agreement also proposes a new distribution formula for determining the division of the proceeds which would allow the County to still receive 75 percent of the tax proceeds, but the incorporated area would not receive a share of the 25 percent allocated to municipalities. This would mean a slightly larger share of the tax for each of the municipalities. The new distribution formula will begin in January, 1992 and will provide an increased share of funds for the municipalities. One major restriction requires that projects constructed with the total local option gas tax revenues shall be limited to those contained in the long range 2010 Transportation Plan adopted by Pinellas County Metropolitan Planning Organization on October 26, 1984. Commissioner Fitzgerald moved to amend the interlocal agreement with Pinellas County on page 5, add at the end of Section 6 after October 26, 1984 ", as amended." The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve an interlocal agreement with Pinellas County extending the local option gas tax to August 31, 2007 as amended. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #47 - 1992 Legislative Package (CM) Discussion ensued in regard to the legislative package and it was requested the item regarding Candidates Forums being exempt from the Sunshine Law be clarified. Also, typographical errors on page 7 and 8 need to be corrected. Assistant City Manager Betty Deptula said she would make the necessary corrections and submit the package to the legislative delegation. Commissioner Berfield moved to submit the 1991 Legislative Program as corrected. The motion was duly seconded and carried unanimously. ITEM #48 - Long Center Board of Directors - 2 appointments Commissioner Fitzgerald moved to continue this item to the next regularly scheduled meeting of September 5, 1991. The motion was duly seconded and carried unanimously. ITEM #49 - Center Foundation Board of Trustees - 2 appointments Commissioner Regulski moved to appoint William Zinzow. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue the second appointment. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #50 - Resolution #91-30 - Declaring intent of City Commission relating to tolls at New Clearwater Pass Bridge and authorizing the City Manager to execute a letter of understanding with FDOT The City Attorney presented Resolution #91-30 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-30 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. XIII - Other City Attorney Items - none. XIV - City Manager Verbal Reports - none. XV - Other Commission Action ITEM #51 - Set meeting dates for City Manager and City Attorney Evaluations. The City Manager and City Attorney evaluation date was set for September 16, 1991 after the regularly scheduled Worksession. Commissioner Fitzgerald reported the Mayor's Council has formed a task force to review annexation of enclaves and has asked him to serve on this task force. XVI - Adjournment The meeting adjourned at 10:29 p.m.