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11/21/1991 CITY COMMISSION MEETING November 21, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 21, 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 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 William Meyers of the Trinity Presbyterian Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards - None. ITEM #4 - Introductions and Awards. Citations of Appreciation were presented to Robert Aude for service on the Municipal Code Enforcement Board and James Bullock for service on the Marine Advisory Board. ITEM #5 - Presentations Jan Regulski, representing the League of Women Voters, presented their newly published phamplet, "Know Your County". ITEM #6 - Minutes of the Regular Meeting of October 17, 1991 and Special Meetings of September 27, 1991 and November 4, 1991 The following corrections were requested for the October 17, 1991 minutes: 1) Under citizens to be heard, the spelling of Anne Wilkins' last name be corrected; 2) A title "Union Contracts" was added before the discussion that preceded Items #35-38; and 3) The City Manager and City Attorney salary reviews were in the "Other Commission Action" section however it was requested to add another title before the individual Commissioners comments so the title "Additional Other Commission Action" was added. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of October 17, 1991, as corrected and the special meetings of September 27, 1991 and November 4, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda. Art Deegan, Major Martin, David Little, Frank Kummin and Ted Sampedemis spoke regarding the proposed retail development project at the City Hall Annex site commonly known as the East End Project. They expressed concern the public was not being apprised of the proposals and that the economic situation of the country was not conducive for this development. They requested further investigation and public input. Mary Helen Maren requested a guard rail be installed along Countryside Boulevard at the entrances to Winding Wood Drive. She expressed concerns regarding the safety of pedestrians now that Countryside Boulevard is being widened. John Wilson spoke in opposition to the guard rail. Ed Hogan spoke in support of the guard rail. Mary Callenstir requested members of the audience in support of the guard rail raise their hands. Many members of the audience did so. A few people raised their hands in request for those against. Connie Merris spoke concerning proposed sidewalk construction along the north side of Cleveland Street between Duncan and San Remo. She asked this project not be done. It was indicated the project has been put on hold. The City Manager indicated that discussion regarding the East End Project will be scheduled in the near future. PUBLIC HEARINGS ITEM #8 - Declaration of surplus property located at 2144 Calumet St., E 252' of Lot 10, Clearwater Industrial Park for the purpose of selling or exchanging (PR) The subject property is approximately .9 acres and zoned Public/Semi-Public. The site has primarily been used as a field office for the City's Forestry Division and, more recently, as a field office for the City's Recreation Facilities Division. In January of 1991, the Recreation Facilities Division moved to the former Motor Pool Compound on Pennsylvania Avenue leaving the Calumet site surplus to City needs. A concrete block building is currently on the property. Commissioner Berfield moved to declare city owned property located at 2144 Calumet Street, described on the Pinellas County tax rolls as the East 252' of Lot 10, Clearwater Industrial Park, as being surplus to city needs for the purpose of selling or exchanging said property. The motion was duly seconded and carried unanimously. ITEM #9 - Declare properties surplus for the purpose of deeding the land and granting easements to FDOT for the widening of S.R. 580 (PW) The Florida Department of Transportation (FDOT) is proposing to widen State Road 580 from Countryside Boulevard to Kendale Drive. They will need additional right-of-way along several City parcels of land and will also need parcels for drainage purposes. Staff requests this item be continued in order to obtain an agreement from FDOT that they will pay for utility relocation necessitated by the widening. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of December 5, 1991. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ordinance #5145-91 - Amendment of Zoning Atlas to Commercial Planned Development (CPD) and Review of Master Site Plan/Sub. Plat for Loehmann's Plaza, Lots 1 & 2, NW corner of NE Coachman Rd and US19N, 19.89 acres (Principle Mutual Life Ins., Wal-Mart, Z91-02)(PLD) The applicant has requested this item be continued until December 5, 1991. Commissioner Nunamaker moved to continue this item until the next regularly scheduled Commission meeting of December 5, 1991. The motion was duly seconded and carried unanimously. ITEM #11 - (Cont. from 10/17/91) Variance to Sign Regulations for property located at 323 Jeffords St., Sec. 21-29-15 (Morton Plant Hospital Association, Inc. SV91-18)(PLD) This request has been continued twice to allow the applicant to work with staff to reduce the scale and number of needed directional sign variances. In reviewing code requirements for directional signage variance requests, staff had to consider the historical development of the hospital and other public institutions as well as code requirements. Historically, Morton Plant and other public institutions continue to grow and need directional signs. Presently, Morton Plant has numerous metal and wooden parking and directional signs varying in size from approximately 1.5 to 8 sq.ft. throughout their property. There are no variances or permits on record for the signs exceeding the code requirement of 3 sq.ft. for directional signs. Morton Plant Hospital has made substantial changes to its original request, in keeping with Commission direction on this matter. That the sign sizes are only 0.5 sq.ft. greater than the 4 sq.ft. "recommended" for the revised sign code seems justified due to the need for generally larger messages on the Hospital signage, as opposed to more "typical" directional signage which usually consists of messages like "ENTER" and "EXIT". While it appears some of the proposed signs can be scaled down to meet the 4 sq.ft. "recommended" area requirement, there is a clear benefit in keeping the frame sizes, lettering and sign heights consistent in order to promote improved readability for the public. Jim Polatty, Planning and Development Director, reported Morton Plant Hospital has agreed to reduce the square footage of the proposed signs to 4 square feet. This is the size that will be recommended in upcoming sign code amendments. He indicated staff had looked at considering these signs as property identification signs but found this was not within the code requirements. Pat Kays and Tom Miller, representing the hospital, stated people coming to the hospital are anxious and need the signs to assist them in identifying their destination. It was reported a letter was received from the Harbor Oaks Home Owners Association which indicated they have no objection to the current sign variance request. Commissioner Nunamaker moved to approve the variance request by Morton Plant Hospital for an additional 1 sq.ft. feet on each of 7 directional signs for a total variance of 7 sq.ft. of additional directional signage, subject to the following conditions: 1) The requisite sign permit shall be obtained within six months from the date of this public hearing; 2) The signs shall be designed and located in accordance with the applicant's application materials, including sign area and sign height; and 3) All other directional signage on the Hospital property shall meet City code requirements on or before October 13, 1992. The motion was duly seconded and carried unanimously. ITEM #12 - Variance to Sign Regulations for property (Capt. John's Hairpieces & Men's Hairstyling) located at 1874 Gulf-to-Bay, Skycrest Sub., Unit C, part of Tract 1 (Patterson SV91-22)(PLD) The City's Sign Regulations require a 5 foot setback, for all freestanding signs from all property lines. The applicant's existing property identification sign is located on his side property line next to an existing drainage easement. The property has an unusual trapezoidal shape with its north and south sides being 42 feet and 3 feet respectively, the latter being along Gulf-to-Bay. Because of the property configuration, it is not possible to place a ground or pole sign on this property along Gulf-to-Bay and remain 5 feet from the property lines. The applicant states the sign has been in place for 30 years. Staff from both Planning and Traffic Engineering have looked at the sign and found its location does not pose a traffic problem. The sign was cited as a result of the city's sign survey for being within five feet of the property line. The property is zoned CG, and is permitted a property identification sign of 64 sq.ft. The existing sign is composed of three message boards. The combined areas are greater than the permitted surface for the applicant's sign. The applicant proposes to remove the two smaller message boards prior to October 13, 1992, which would make the surface area of the sign less than the maximum allowed. Given the circumstances, staff recommends the variance for the property identification sign be granted. The applicant does have a second sign that is non-conforming, a roof sign, which is prohibited by the Sign Regulations. Staff feels that a condition to any variance should be that all signs on the applicant's property be brought into compliance by October 13, 1992. Commissioner Regulski moved to approve a variance of 5 feet to permit a pole sign zero feet from property lines to be effective when all other signs are in conformance, subject to the following conditions: 1) All signs for the property shall otherwise be in compliance with the City's Sign Regulations by October 13, 1992; and 2) Only one pole sign shall be permitted and it shall not exceed 56 sq.ft. in area. The motion was duly seconded and carried unanimously. ITEM #13 - Variance to Sign Regulations for property located at 20505 US19N, Sec. 17-29-16, M&B 32.01 & 32.02 (Trizec Properties, Inc./Gayfers/Pugh, SV91-21)(PLD) It was requested this item be continued to allow staff to investigate concerns expressed at the Worksession by the City Commission. Commissioner Regulski moved to continue this item until the scheduled Commission meeting of December 19, 1991. The motion was duly seconded and carried unanimously. ITEM #14 - Alcoholic Beverage Distance Separation Variance for property located at 325 S. Gulfview Blvd., Lloyd-White-Skinner Sub., Lots 63-66, 68, 69, 113-117, and part of Lot 112 (Boldog/Americana Gulf Motels Ltd AB91-20)(PLD) This is a request for a 300 foot variance from the 300 foot distance from a residential zone requirement for the American Gulf Resort. This site is located in the Resort Commercial "Twenty Eight" district (CR-28) which is treated as a residential zoning district with regard to alcoholic beverage establishments. The applicants have received conditional use approval from the Planning and Zoning Board for on premises consumption and package sales subject to five conditions: 1) The requisite occupational license shall be obtained within six months; 2) When deemed necessary, the business owner shall demonstrate 51% food and non-alcoholic beverage sales per gross receipts; 3) The hours of operation shall be from 6:00 a.m. to 1:00 a.m. weekdays and weekends or as otherwise further restricted by the State of Florida; 4) The applicant shall obtain approval from the Commission of the separation distance variance and 5) package sales shall be limited to room service only with all sales conforming to the requirements of state law and Section 72 of the City Code. The Fire Marshall has approved the 150 seat capacity of the proposed restaurant. The CR-28 zoning district requires 51% or more of the gross revenue to be from the sale of food and non-alcoholic beverages. Julie's Seafood and Sunset, a 2-COP establishment, is the only alcoholic beverage license establishment within 300 feet of this establishment. Don McFarland, attorney representing the applicant, reviewed the history of this site and stated it is due to this being located in the CR-28 district that the variance is needed. He stated the alcoholic beverage license would not be used in connection with any beach front operation. A question was raised regarding the 900 sq.ft. outdoor seating being near Gulfview Boulevard. Mr. McFarland indicated this would be around the pool area. The restaurant will be inside the hotel. Commissioner Regulski moved to approve a variance of 300 feet to allow alcoholic beverage sales within zero feet from a residential zone. The motion was duly seconded and carried unanimously. ITEM #15 - Alcoholic Beverage Distance Separation Variance for property (Kally's Beachside) located at 608 Mandalay Ave., Clearwater Beach Revised, Blk 7, part of Lot 9 (Lookretis AB91-21)(PLD) The applicants are requesting approval of a separation distance variance for a new 2-COP license for the sale of beer and wine for on premises consumption at a restaurant called Kally's Beachside. The property is 50 feet from a residential property and the code requires a 300 foot separation. The request involves the expansion of the restaurant into the adjacent retail space which was previously occupied by an ice cream shop and 2 chair barber shop. Construction of the expansion has already occurred; however, the occupational license is being held until the sale of alcoholic beverages has been authorized. There will be 98 seats inside the establishment with no outdoor seating. The hours of operation are proposed to be 7:00 a.m. to 10:00 p.m. daily. These hours must be adjusted in accordance with State requirements for the sale of alcoholic beverages (i.e. no sales before 1:00 p.m. on Sundays). There is an existing attached dwelling unit on the second floor which will remain. The Planning and Zoning Board approved the conditional use for the alcoholic beverage sales subject to the following conditions: 1) The applicant shall obtain approval from the City Commission and the Development Code Adjustment Board for variances to the separation requirement and parking requirement prior to the issuance of an occupational license for the alcoholic beverage sales; 2) The applicant shall obtain the requisite occupational license within six months; 3) Alcoholic beverages shall be restricted to on-premises consumption and 4) Alcoholic beverage sales shall be prohibited after 10:00 p.m. The proposal also requires approval of a parking variance of 8 spaces. The Development Code Adjustment Board approved the parking variance subject to: 1) A 3 sq.ft. minimum sign shall be posted in the front window notifying the public that metered parking is available on Avalon Street; and 2) the variance shall be limited to its present owners. Mike McKenzie, representing the applicant, stated the Lookretis family has owned the property over 40 years. Previously the restaurant was operated by someone else. Due to the expansion, they require an additional variance. There had been some confusion regarding the owner and applicant which was discussed at the worksession. Mr. Polatty indicated the owners of the property are the Lookretis' and they propose to hold the license in the name of their corporation. Discussion ensued regarding alcoholic beverage licenses being in the name of corporations and if the corporation were sold, whether or not this would trigger a new application due to change of ownership. It was indicated that if the name does not change, this would be difficult to detect. It was stated there were two letters of opposition submitted. Sophie Lookretis indicated that they own another restaurant called Kally K's on Walsingham and the corporation owns both restaurants. Concerns were expressed regarding alleged criminal activities by one of the Lookretis' in one of the letters of opposition. It was indicated the State would do a background check before issuing the license. Mr. McKenzie noted that the letter alleging criminal activities appears to be anonymous. Commissioner Regulski moved to approve a variance of 250 feet to allow alcoholic beverage sales within 50 feet from a residential zone. The motion was duly seconded. Upon the vote being taken: Commissioners Regulski, Nunamaker, Fitzgerald and Mayor Garvey voted "Aye", Commissioner Berfield voted "Nay", motion carried. ITEM #16 - Alcoholic Beverage Distance Separation Variance for property (Baskets of Joy) located at 2559 Countryside Blvd., Suite 1, Countryside Village Square, Lots 5, 7 & 8 (Countryside Village, Ltd/HRE Properties AB91-22)(PLD) The applicant is requesting a variance to allow package sales of beer and wine with no consumption on premises. The applicant proposes to open a new giftshop to be known as "Baskets of Joy" which will feature gift baskets with various items, such as flowers and also containing beer, wine or both upon the request of the purchaser. Deliveries similar to a conventional flower shop will be made. Sufficient parking is provided as part of the Commercial Center in which the shop is located. The proposed hours of operation will be 10:00 a.m. to 6:00 p.m. weekdays; Saturdays - 10:00 a.m. to 2:00 p.m. and Sundays, the establishment will be closed. No deliveries will be scheduled between 10:00 p.m. and 6:00 a.m. on any day of the week. The request requires approval of a variance of 200 feet as there is a similarly licensed establishment, known as Countryside Cuisine within the same shopping center. The Planning and Zoning Board approved the conditional use permit subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months; 2) The applicant shall obtain approval from the City for the number of delivery vehicle(s) and parking locations of the delivery vehicles; 3) No deliveries shall occur between the hours of 10:00 p.m. to 6:00 a.m. and 4) The sale of refrigerated alcoholic beverages shall be prohibited. Sam Hillman, operator of the business, submitted pictures showing the proposed shop stating it will be a very small shop with gift baskets being its main business. He stated there had been some concern regarding people coming in and buying a bottle of beer or wine and this will not occur at this establishment. He stated he is actually further than 200 feet from a similarly licensed establishment but is within the same shopping center and therefore, the variance is necessary. One citizen spoke in opposition to the application stating the shopping center already has sufficient alcoholic beverage establishments. Commissioner Fitzgerald moved to approve a variance of 200 feet to allow alcoholic beverage sales within zero feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #17 - Alcoholic Beverage Distance Separation Variance for property located at 850 Bayway Blvd., Bayside Sub. No. 6, Unit A, Blk D, Lot 12 and Unit C, Blk D, Lots 13-15 (Resolution Trust Corp./Hollywood Federal Bank AB91-23)(PLD) The attorney for the applicant has requested a sixty day continuance. Commissioner Berfield moved to continue this item until the scheduled Commission meeting of January 16, 1992. The motion was duly seconded and carried unanimously. ITEM #18 - Interlocal Agreement with Pinellas County - to exercise comprehensive planning authority and enforce land development regulations for land within respective areas of jurisdiction of each party (PLD) In 1985, the City adopted its Future Land Use Plan Map which included the unincorporated areas within the planning service area for the City. These areas are targeted for future annexation, therefore, they were shown with the appropriate City Future Land Use Plan designations. This procedure (which was previously acceptable to the State of Florida simplified the annexation process as the properties were already classified, therefore, no related amendments to the Land Use Plan were necessary. However, approximately three years ago, the Florida Statutes required the City to change its Land Use Plan Map to show the unincorporated areas as being Unclassified, thereby requiring a Land Use Plan Amendment each time a property is annexed into the City. This places an unnecessary burden on the individual property owners and is not the most time and cost efficient procedure for the State and local planning agencies. The alternative is an interlocal agreement in accordance with Chapter 163 of the Florida State Statutes. The City is proposing to enter into an interlocal agreement with Pinellas County to allow the City to show unincorporated areas in the "Clearwater Planning Area" on the City's Comprehensive Plan. This would allow the City to accommodate annexations with no plan amendment provided the County's Plan designations for the subject parcels are accepted by the Commission. The Cities of St. Petersburg, Pinellas Park and Largo have jointly entered into such an agreement, which is referred to as the Tri-City Agreement. Tarpon Springs also has such an agreement. Most differences in nomenclature between the County's designations and the City's Land Use Plan should be resolved once the Countywide Pinellas Planning Council's Consistency Program has been implemented within the next few years. However, it is still desirable to go forward with the agreement at this time in order to simplify and expedite the annexation process. Commissioner Berfield moved to the approve the Interlocal Agreement between the City of Clearwater and Pinellas County. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #19 - Ordinance #5143-91 - Relating to financial administration, amending Sec. 41.14, to delete requirement for surety bonds for finance and deputy finance directors The City Attorney presented Ordinance #5143-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5143-91 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 #20 - Ordinance #5144-91 - Relating to standard building codes; amending Sec. 138.01, to adopt 1991 editions of standard building, plumbing and mechanical codes, the 1988 edition of national fuel gas code and 1989 edition of standards for storage and handling of liquified petroleum gases with certain appendices to said codes The City Attorney presented Ordinance #5144-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5144-91 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 CONSENT AGENDA (Items #21-67) - Approved as submitted. Agreements - Approved. ITEM #21 - Third Amendment to paragraph 3 of Bikini Buttons, Inc. lease agreement dated June 12, 1990, allowing sale of lottery tickets and Federal Express mail service (MR) ITEM #22 - Joint Participation Agreement with FDOT and contract for Clearwater Executive Airpark - Shade Hangar Refurbishment to P.J. Callaghan Co., Inc., Clearwater, FL, for $141,900 (PW) ITEM #23 - Home Construction Financing Agreement to enable the Infill Housing Development Program to fully utilize pledged funds (PLD) ITEM #24 - Homeownership Revolving Loan Fund Agreement to enable CNHS to move houses into the North Greenwood neighborhood and renovate them for resale (PLD) Bids & Contracts - Awarded. (#39 Continued) ITEM #25 - Purchase of flood insurance coverages for specific city-owned property with payments totalling approximately $23,000 (AS) ITEM #26 - Extension of annual contract for installation of 5/8", 1", 2" and 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 12/1/91-5/30/92 at a total estimated cost of $152,425 (GAS) ITEM #27 - Interruptible Gas Sales Contract with Natural Gas Clearinghouse, Houston, TX; authorization to execute purchase orders for interruptible transportation natural gas and authorization to enter future interruptible transportation contracts (GAS) ITEM #28 - Renewal of contract for purchase of gasoline and diesel fuel with Mansfield Oil Co., Gainesville, GA, for the period 10/16/91-10/15/92, at an estimated cost of $550,000 under same terms and conditions as the original contract with Pinellas County Consortium; as of 10/16/91 rescind 9/19/91 authorization of interim purchase of fuel with Mansfield (GS) ITEM #29 - Purchase of five Pro Master 20-G Gravely Riding Mowers and five 60" mower decks from Pro Equipment, Inc., Clearwater, FL, for a total cost of $37,000; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #30 - Purchase of two Gravely Pro Master 30-H 72" riding mowers and four Gravely 16-G 50" riding mowers from Pro Equipment, Inc., Clearwater, FL, for a total cost of $40,072; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #31 - Purchase of two Ford Tractor Loaders from Ford New Holland, Inc., Tucker, GA, for a total cost of $43,158; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #32 - Purchase of two John Deere Wheel Loaders from John Deere Industrial Equipment Co., Baltimore, MD, at a total cost of $141,452; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #33 - Purchase of 19' Roustabout work boat for the Marine Department to SeaArk Marine, Inc., for $16,567 (MR) ITEM #34 - Contract for temporary services to Kelly Temporary Services, Clearwater, FL, for an estimated annual cost of $60,000 (HR) ITEM #35 - Purchase of nursery stock for the Courtney Campbell Parkway to Consolidated Trees, Inc., Land O' Lakes, FL, for $11,224.10 (PR) ITEM #36 - Purchase of garden and nursery chemicals to Garden and Hardware, Inc., for an est. total of $297.25; to J.C. Ehrlich Chemical for $1,506.80; to Van Waters and Rogers Inc. for $10,962.50; to Harrell's Inc. for $870; and to Terra International Inc. for $34,622.35 for an estimated total of $48,250.90, for the period 11/18/91-11/17-92 (PR) ITEM #37 - Purchase of Cypress Chips to Florida Green Resources, Palm Harbor, FL, for the period 11/22/91-9/30/92 for an estimated cost of $10,000 (PR) ITEM #38 - Purchase a radio telemetry system from Data Flow System, Inc., Melbourne, FL, for monitoring sanitary sewer pump stations and potable water systems, for a total price of $75,557 (PW) ITEM #39 - Cont. to 12/5/91 - Contract for preparation of a PD&E Study for the widening of Drew Street to Post, Buckley, Schuh & Jernigan for a not-to-exceed fee of $564,043.43 (PW) (Cont. from 10/17/91) ITEM #40 - Contract for Storm Line Replacement for Highland Ave. south of Linwood Dr. to Sandy Lane to All American Concrete, Inc., St. Petersburg, FL, for $54,940.40 (PW) ITEM #41 - Clearwater Airpark Mowing services to Greenturf Services, Tampa, FL, for the period 12/1/91-9/30/92 for $500 per mowing, a total of approximately $17,000 (PW) ITEM #42 - Contract for Fishing Pier Restoration to Hendry Corp. for $75,000 (PW) ITEM #43 - Contract for repair of storm culverts on Clearwater Beach to Insituform Southeast for $21,325.40 (PW) ITEM #44 - Contract for rehabilitation of sanitary sewer mains located in the 100 block of Belcher Road to Insituform Southeast for $38,425 (PW) ITEM #45 - Contract for repair of two broken sewer lines and the removal and replacement of three sanitary manholes to Kamminga and Roodvoets, Inc., for $31,455 (PW) Citizens & Staff Requests - Approved. (Item #52 Continued) ITEM #46 - Declare surplus and authorization for disposal of Mail Processing Machine (AS) ITEM #47 - Authorization for an expenditure of $57,635 to Florida Power Corp. to bury the existing overhead power line along the N side of Courtney Campbell Causeway with the City providing necessary trenching and back filling (PR) ITEM #48 - Clearwater's continued participation in the cooperative yard waste recycling program with the City of St. Petersburg for FY91-92 at a disposal cost of $15 per ton and an estimated annual cost of $91,000 (PW) ITEM #49 - Life Insurance with The Prudential for SAMP employees at a cost of .57/$1.00 for one times annual earnings and offer optional life insurance to three additional times annual earnings (CM) ITEM #50 - Revised Policies, CDBG home rehabilitation loan program (PLD) ITEM #51 - Adjustments SAMP Plan Salary Ranges - increasing the maximum salary ranges for the SAMP Pay Plan by 4%, the addition of a new SAMP range for Deputy City Manager and Gas System Manager, advancing the class of Deputy Police Chief and Assistant Fire Chief from SAMP range "L" to "M" and moving "red-circled" classes to their correct range (CM) ITEM #52 - Continue consideration of Parking Fund Rates - $1.00 & 50 cents per hour at designated meters on Clearwater Beach; marina sell annual & semi-annual passes to Clearwater residents; and marina parking fee of $1.00 1/2 day, $2.00 day, $15.00 month & $120.00 year (CM) (Cont. from 10/17/91) Change Orders - Approved. ITEM #53 - C.O.#2 in the amount $5,560 for Bandes Construction Co., Inc., for the Clearwater Community Sailing Center - ratify City Manager's approval of C.O.#2 to the contract for Clearwater Community Sailing Center to Bandes Construction Company Inc. increasing the contract amount by $5,560 and adjusting the total contract amount to $324,073 and transfer $5,560 of Recreation Facility Impact fees to Project 315-3278, Sand Key Sailing Center (PR) ITEM #54 - C.O.#3 and Final to the Forest Run Park Contract, increasing the contract amount by $9,602.80 for a new total contract amount of $211,050.80 to Castco Construction, Inc. (PW) ITEM #55 - C.O.#9-Final to contract for the Marshall Street Advanced Pollution Control Facility increasing the amount by $71,946, adjusting the total contract amount to $17,400,546 completing the close-out of the project (PW) Plans & Plats - Approved. ITEM #56 - Preliminary Site Plan for the Orleans Motel located at 181 Brightwater Dr., Bayside Sub.#2, Lots 20 & 21 (Leclerc)(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 requisite building permits must be procured within six months from the date of this public hearing; 2) Prior to issuance of a building permit, a Unity of Title shall be recorded by the applicant; 3) Prior to issuance of a building permit, the dumpster must be visually screened and gates must be provided with a minimum 12' clear opening to the front for access by Sanitation trucks; and 4) Signs and fencing/walls are subject to separate review and permitting processes. ITEM #57 - Revalidation of Site Plan for Plymouth Plaza located at 2588-2594 US19N, Sec. 30-28-16, M&B's 34.01 & 43.01 (Plymouth Plaza Ltd)(PLD) Approve revalidation of the site plan for Plymouth Plaza subject to the following conditions: 1) The (previously) required 10' blanket easement for water lines must be dedicated to the City prior to issuance of a building permit; and 2) All requisite building permits for the approved development shall be obtained prior to 11/21/93 and all requisite Certificates of Occupancy shall be obtained by 11/21/94. ITEM #58 - Preliminary Site Plan for Victorian Cottages (formerly L'Hermitage) located at 1350 Gulf Blvd., Sec. 19-29-15, M&B 14.03 & 14.08, 1.419 acres (Very Important Properties, Inc.) (PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following condition: Signs and fencing/walls are subject to separate review and permitting processes. CITY ATTORNEY Agreements, Deeds & Easements - Approved. ITEM #59 - Drainage and utility easement - E 40' of E 250' of Lot 6, Blackburns Sub. (Logan Clearwater Associates L.P.) ITEM #60 - Right-of-way easement for Landmark Drive - SE 1/4 of Sec. 32-28-16 (School Board of Pinellas County) ITEM #61 - Sidewalk easement - Map of Belleair Sub., Blk 15, Lot 17 (Mallory) ITEM #62 - Drainage and utility easement - N 20' of M&B description in SW 1/4 of SW 1/4 of Sec. 5-29-16 (Benjacob) ITEM #63 - Gas line maintenance easement - 34' vacated right-of-way of Indiana Ave. lying W of an adj. to Lot 12, Marshall and Brandon's Sub. of Blk 7, W. Wallace's Sub. (Dimmitt Car Leasing, Inc.) ITEM #64 - Sewer installation and maintenance easement - 15' vacated alley, Blk 3, Plat of Wallace Addition to Clearwater (Dimmitt Car Leasing, Inc.) ITEM #65 - Utility easement - E 6' of r-o-w lying between Blk 3, Wallace Addition to Clearwater and Marshall and Brandon's Sub. of Blk 7, Wallace's Sub. (Dimmitt Car Leasing, Inc.) ITEM #66 - Sanitary sewer lien agreement - Lot 50, Citrus Heights Manor 1st Addition Subdivision a/k/a 1919 Ashland Drive, Clearwater (Hilpl) ITEM #67 - Agreement with Humane Society of North Pinellas County, Inc. 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #68 - Request for S.R.60 designation be removed from Cleveland St. and be placed upon the Court-Chestnut St. one-way pair in downtown Clearwater (PW) Currently, State Road 60 follows Cleveland Street through downtown Clearwater. Traffic destined for Clearwater Beach follows the S.R.60 signing, through downtown to Memorial Causeway. It has been requested that S.R.60 be relocated for the purpose of reducing traffic volumes and the elimination of their associated speeds through downtown. The intent is to create a pedestrian friendly atmosphere along Cleveland Street. It is believed the relocation of S.R.60 will encourage the undesired traffic to utilize the other corridor. There are four primary ways this could be accomplished. All involve relocation of S.R.60 to the Court/Chestnut corridor. In the first scenario, the section of Cleveland Street between Osceola And Myrtle Avenues would be reduced to a two-lane, two-way section with curbside parking. The second scenario is identical to the first, except that Cleveland Street would be closed at the Bayfront, either in a cul-de-sac or a new driveway into the parking lot to the west of the Maas Brothers store. The third scenario calls for a one-way pair operation of Cleveland Street and Pierce Street (in addition to the one-way pair of Court and Chestnut) allowing two lanes of one way traffic, with curbside parking, for westbound Cleveland Street. The fourth scenario is identical to the second, except that Cleveland Street would connect directly to Drew Street, allowing the signal at the Bayfront to be removed. All four scenarios would result in a significant shift in traffic to the Court-Chestnut corridor. However, two sections of the Court-Chestnut corridor would not be able to accommodate the additional traffic without a significant and undesirable decrease in the level of service. The four-lane, two-way section of Court Street (between Ewing and Missouri) and Pierce Boulevard (between Court Street, at the top of the hill, and Cleveland Street, at the bottom of the hill) will, without roadway improvements become overloaded, creating congestion and significant delays. Nine citizens spoke in favor of the redesignation stating that reduced speeds and parking along Cleveland Street would help revitalize the downtown area. They indicated previous removal of parking in the downtown area has led to the decline of the area. Some of the citizens also suggested signage regarding the downtown area being a historic area and the possibility of buying a lot east of the railroad tracks on which to install additional surface parking. Eight citizens, including representatives of the Downtown Development Board, The Homeowners Coalition and The Chamber of Commerce, spoke in opposition to the redesignation stating further reduction in traffic through the downtown area will only accelerate the further decline of downtown. The Chamber of Commerce recommends the Commission take action to synchronize the signals to slow traffic down through the area, enforce the speed limit, improve signage to the existing parking garages, consider free parking in downtown, consider changes to the ordinance to allow sidewalk sales and improved signage for the businesses that are in the downtown area and to promote incentives to attract tenants. They also recommended the Maas Brothers Site be developed as a magnet development. Two citizens spoke regarding the downtown area stating a change in the retail mix in the area is needed and residential development should be considered. It was also suggested the Maas Brothers Task Force look at parking in the downtown area. The meeting recessed from 8:20 p.m. to 8:32 p.m. Michael Wright, City Manager, indicated he had asked the City's Traffic Engineer to take a very objective look at the redesignation of S.R. 60 and how it would affect the road network and the cost of such an effort. Mr. Yauch reviewed the four alternatives indicating where road improvements would be needed to accommodate additional volumes on the new S.R. 60 corridor. He provided associated costs of needed improvements for each scenario: Scenario #1 would cost approximately $774,000, including costs for additional right-of-way that may be needed; Scenario #2 has been estimated to cost $2,059,000, again, with no additional right-of-way cost included; Scenario #3 is estimated to cost $408,000 and scenario #4, $2,066,000. The City Manager indicated there would be serious impacts resulting from the removal of the S.R. designation from Cleveland Steet and the placement of 88 parking spaces on that road. He indicated the issues are more complex than parking and there is a need for a retail mix in the area. Discussion ensued regarding the need to improve signage, reduce speed and to consider ordinances which would allow sidewalk sales and greater visibility of the businesses. It was indicated the revised Downtown Development Plan will be brought to the Commission for receipt and referral at the December 5, 1991 meeting. Further discussion ensued regarding whether or not parking would resolve the problems of the downtown area. In response to a question regarding whether or not the Maas Brothers Task Force should be asked to review this question, the majority of the Commission did not feel that this would be within their scope. Commissioner Regulski moved to deny the request that the State Road 60 designation be removed from Cleveland Street and placed upon the Court-Chestnut Street one-way pair in downtown Clearwater. The motion was duly seconded and carried unanimously. ITEM #69 - Request from Downtown Clearwater Association to waive cost of city services for "The Third Annual Clearwater Family Holiday Parade" to be held on Friday, 12/13/91 (PR) The Downtown Clearwater Association will be sponsoring its Third Annual Downtown Clearwater Family Holiday Parade on Friday night, December 13, 1991. The parade will follow the same route as last year except that it will be offered at night rather than during daylight hours. The DCA has requested the City waive all city charges that might be connected with the parade. The City waived $1,958 worth of police and barricade services for the 1989 parade. For the 1990 parade, the Commission approved a maximum waiver of $1,958 with the stipulation the Association be billed for any costs above said amount. This billing was not necessary since actual costs for the 1990 parade totaled $1,914. Police costs were less than expected since the City was able to use a combination of reserves, explorers, etc. as volunteers. For the upcoming 1991 parade, the Police Department anticipates higher costs since the parade will be during evening hours and more officers are needed at intersections. Also, fewer volunteers will be available. According to the Police Department, approximately 25 regular police officers will be required at an estimated cost of $2,580. These officers will be supplemented by approximately 25 volunteers. As in past years, barricade services will be provided by the Transportation Group of the Public Works Department at an estimated cost of $1,000. Thus, the approximate cost of the 1991 parade will be $3,850. The parade will immediately follow a concert in Station Square Park which will be conducted from 5 until 7 p.m. This concert is a part of the "Downtown Comes Alive" program and is sponsored by the Downtown Development Board. Dee Shaw, Downtown Clearwater Association secretary and Chairman for the parade, stated they had changed to evening hours in order to draw a larger spectator crowd. She stated the parade has been revived for the past three years and the spectators have been less than desired. Due to several other events having already been scheduled for that evening, it was felt it would be advantageous to have the parade from 7:00 to 9:00 p.m. She apologized that she was not aware that the waiver had to be submitted to the City Commission and this will be done earlier in future years. She stated she is receiving 4 to 5 calls per day regarding the parade and there have been no complaints regarding it being held at night. Concerns were expressed regarding the budget not including waiver of these fees and it was stated the bulk of the cost will come from police overtime. If the Commission so directed, the funds could be found in other accounts. In response to a question, it was indicated they could not come from Community Redevelopment Agency funds. Commissioner Fitzgerald moved to approve the waiver of the cost of City services for "The Third Annual Clearwater Family Holiday Parade". The motion was duly seconded and carried unanimously. ITEM #70 - Preliminary Site Plan for Avilla (a part of Countryside Tract 71) located at 2436 Enterprise Rd. (Root)(PLD) This is a request to approve the site plan in order to construct a two story structure over an existing retention basin to house a 12 unit group care facility. The site is approximately .44 acres and is part of the original development known as The Villas at Countryside Condominiums. A conditional use is required for the Level II group care facility. At the same time as The Villas at Countryside Condominiums was being developed, a golf course was being constructed directly to the south. The developer of the golf course cut a 80 foot wide path through the cypress wetland along the south property line. The golf course and related construction are located entirely in Pinellas County and all permits were issued without the benefit of city review. In turn, this golf course development restricted the natural flow of stormwater drainage from the north. The properties immediately affected were The Villas of Countryside Condonminiums and The Village at Countryside commercial development located to the north, across Enterprise Road. As a temporary solution, the Department of Public Works required additional retention on these sites to compensate for the volume of stormwater that no longer could flow through the natural drainage course. One of these retention areas is located on the subject property. The owners of the Countryside developments were to file a lawsuit against the owner/developer responsible for the drainage problem. After the retention areas were in place, the owners never followed through with any legal action. Consequently, the Department of Public Works requested the owners of the subject property to dig out the pond and grass the slopes to create a wet retention pond. The result is the pond that exists today on the site. There are not any amended certified site plans on file that reflect these changes and events. The subject property was subdivided by means of a metes and bounds description and was never platted as required by the Land Development Code. Therefore, this is an illegally subdivided lot. The lot was then allowed to fall delinquent in taxes and subsequently sold by the County to the present owner. Before the final site plan approval or any building permit is issued, the site must be platted in accordance with the Land Development Code. Environmental Management's review of the plan concludes that the construction of a building over the existing wet retention pond is in direct conflict with the Comprehensive Plan, the City's Design Criteria for storm drainage and wetland jurisdictional areas by State regulation. The specific areas of concern are as follows: erosion control of the pond banks; shading effect over the water creating a "dead" zone of plant life; protection of the cypress dominated wetland area; water quality treatment prior to discharge into the cypress dome; providing a littoral zone; the need for a FDER dredge and fill permit and lack of on-site area for mitigation for the wetland area. The proposal directly conflicts with numerous elements of the Comprehensive Plan's Goals, Objectives, and Policies with specific regard to erosion control, drainage, protection and conservation of the environment, and preservation of ecological community assets. Staff strongly recommends denial of this proposal. Jim Polatty, Planning and Development Director, reviewed the history of this site. He stated the pond has become a functional part of the wetlands area. In response to a question, it was indicated the pond is needed for The Village at Countryside and The Villas at Countryside Condominiums complex. William C. Baker, Public Works Director, indicated the developers of the golf course filled in and dammed the water flow. He stated the original pond was a temporary solution but as legal action was never taken, the pond is now necessary. The Planning and Development Director reiterated that mitigation of the wetland would be necessary. Robert Root, Administrator of the Trust that owns the property, stated the property was part of the original site plan for Villas of Countryside in early 1980's. He stated the property is zoned Multi-Family. He reported he has just finished a medical building with retention under the parking area. He further reported that aerials from 1984 showed that the pond was dry and that while he has attempted to, he can not find permits for the excavation of the pond. He stated he does not intend to remove or bring in additional fill, he simply wants to develop the property. He distributed material showing the original plans and development of the retention area. In response to a question, Mr. Root indicated the present pond does hold water. He also indicated he had owned the property for 8 to 9 months. He stated he only wanted to have the opportunity to develop the property. He did not believe a conditional use permit would be required. The Public Works Director stated that at the time of construction, it was a dry retention pond however, it did not operate properly and the alternative was to make it a wet pond. The developer did make it a wet pond without discussion with the FDER. He stated the FDER now claims jurisdiction over the wetland and Mr. Root will have to get FDER approval if he is to build over the pond. Discussion ensued regarding development of the pond and that it had originally been intended to be temporary but as no legal solutions were pursued, the pond is still needed. It was also indicated that the approved site plan shows no road cut for this particular piece of property. Julia Kriswell, Property Manager of The Villas at Countryside, indicated they are opposed to construction on this property. She stated the developer did not pay taxes on the property but the condominium development has maintained the pond. George Skirtis, resident at Villas and on a committee to address this problem, stated the association would have purchased this property if they had been informed that it was for sale for non-payment of taxes. He stated they have maintained the pond for ten years. He indicated they have filed a suit against the developer as they felt they have been defrauded in this matter. Commissioner Nunamaker moved to deny the request for approval of this site plan based upon staff findings that the proposal is in conflict with the Comprehensive Plan. The motion was duly seconded and carried unanimously. ITEM #71 - Long Center Board of Directors - 1 appointment (CLK) Commissioner Fitzgerald moved to appoint Rabbi Gary Klein to complete the unexpired term to 9/30/93. The motion was duly seconded and carried unanimously. Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #72 - Ordinance #5147-91 - Relating to contractors, repealing Ch. 74 The City Attorney presented Ordinance #5147-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5147-91 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 #73 - Ordinance #5148-91 - Relating to street artists and craftsmen, repealing Ch. 78 The City Attorney presented Ordinance #5148-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5148-91 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 #74 - Ordinance #5149-91 - Relating to secondhand goods, repealing Ch. 79 The City Attorney presented Ordinance #5149-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5149-91 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 #75 - Ordinance #5150-91 - Relating to auction sales of jewelry, precious stones and bric-a-brac, repealing Ch. 80 The City Attorney presented Ordinance #5150-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5150-91 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 #76 - Ordinance #5151-91 - Relating to gift certificates and coupon books, repealing Ch. 81 The City Attorney presented Ordinance #5151-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5151-91 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 #77 - Ordinance #5152-91 - Vacating 27.5' right-of-way lying along W side of Lot 6, Mason Sub. (St. John Primitive Church V91-10) The City Attorney presented Ordinance #5152-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5152-91 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 #78 - Ordinance #5153-91 - Relating to city charter; proposing amendment to Sec. 8.04 relating to nominations of candidates for city commission, to provide that qualifying fee and petition cards are to be received by the City Clerk not less than 46 days, rather than 35 days, prior to date of election; providing for special election to be held in conjunction with regular city election in order to submit proposed city charter amendment to voters The City Attorney presented Ordinance #5153-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5153-91 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 #79 - Ordinance #5154-91 - Relating to Administration of City, creating Sec. 21.04 regarding departments of City, repealing Ch. 28 re: same The City Attorney presented Ordinance #5154-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5154-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Resolutions ITEM #80 - Res. #91-42 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #91-42 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-42 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. Other City Attorney Items ITEM #81 - Authorization for settlement - Countryside Christian Center v. City The City has negotiated a settlement agreement with Countryside Christian Center. This is the second of the two lawsuits challenging the City's sewer/annexation policy. The City has settled the other one, and this is the only one still pending. This settlement is structured like the settlement of the Cornerstone Communities case. Under the terms of this agreement, development of the property will continue under a site plan approved by Pinellas County. The differences between the site plan and City requirements are: 1) Parking: 1,000 spaces would be required under City requirements, and 916 spaces are provided. One loading space would be required and none is provided; and 2) Open Space for the entire site: 25% would be required, and 19.97% is provided. The essential terms of the agreement are as follows: 1) Countryside Christian Center (CCC) will have until June 30, 1994, to apply for annexation; if they do not apply by that date, the agreement itself will serve as an annexation application; 2) The City will waive the annexation application fee. The recreation impact fee does not apply because of the nonresidential use of the property. The open space impact fee will apply to new improvements after annexation, but not to existing improvements. CCC will pay the usual fees and charges for utility services provided by the City; 3) The City will recognize the approved site plan, and will adopt zoning and land use categories appropriate to the use of the property and the uses shown on the site plan; 4) The site plan will be deemed to expire as of December 31, 2000; 5) Although development will be subject to the site plan during its life, the property will be subject to ordinances and regulations applicable to other properties similarly situated or required to be adopted by state or federal law. This includes codes adopted by the PCCLB for implementation countywide, including the then-current editions of the standard codes and life safety codes; and 6) This agreement will terminate the lawsuit, and each party will bear its own costs and fees. In deciding whether to approve this agreement, it is emphasized that this property was served by an on-site sewage treatment facility which was operational until Pinellas County took it as part of the McMullen-Booth Road widening project. The state would not allow CCC to reconstruct it elsewhere on their property. CCC would have remained outside the City and would have continued to develop under their approved site plan if these events had not occurred. The City has not taken undue advantage of the duress CCC was placed in by the county and the state; this agreement is comparable to the settlement of the other case. Commissioner Fitzgerald moved to approve the settlement agreement with Countryside Christian Center, Inc. The motion was duly seconded and carried unanimously. City Manager Verbal Reports - None. Other Commission Action Commissioner Berfield questioned when discussion of the East End Project would be scheduled. The City Manager indicated this would be brought forward shortly in conjunction with other items. She requested consideration of providing additional parking in downtown. Commissioner Regulski expressed concern that owners of private parking lots downtown do not cooperate with others in the downtown to provide parking. Mayor Garvey reported City employees contributed 3.5% more to the United Way this year than last. She suggested people consider Holiday giving to charities. Adjournment The meeting adjourned at 10:00 p.m.