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03/18/1993 CITY COMMISSION MEETING March 18, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 18, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme W. Hodges Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Kathy Rice Deputy City Manager William C. Baker Public Works Director Cynthia E. Goudeau City Clerk Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend John Palarine of the Episcopal Church of the Ascension. 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 Awards Two service awards were presented to City employees. The March Employee of the Month Award was presented to Lavonne Newcomber of the Legal Department. ITEM #4 - Introductions and Awards Proclamations: Arbor Day - March 27, 1993. ITEM #5 - Presentations The City Clerk administered the Oath of Office to seven police officers. ITEM #6 - Minutes of the Regular Meeting of March 4, 1993 and the Special Meetings of January 15, 1993 and March 10, 1993 Commissioner Berfield moved to approve the minutes of the regular meeting of March 4, 1993, and the special meetings of January 15, 1993 and March 10, 1993, 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 Bob Clarke said an educated workforce is necessary to compete in industry. He expressed concern regarding the incompetency of bus drivers. He felt "boiler rooms" should be legislatively controlled. Bob Wright urged review of all codes and asked same be agendaed. He complained regarding violations at 1132 Sunnydale Drive. He requested a copy of the code amendments drafted by the City Attorney. Lois Cormier complimented the new hearing impaired devices available for meetings. She commended and thanked Commissioner Hodges for the fine job she has done. Virginia Robinson informed the Commission that Trail Ways Skate will be nationally broadcast. PUBLIC HEARINGS ITEM #8 - Alcoholic Beverage Separation Distance Variances for property (Fiddlestix Cafe and Grill) located at 2569 Countryside Blvd., Suite 15, Countryside Village Sq., Lots 5, 7 & 8 less street (Countryside Village Ltd/HRE Properties/Gentile AB93-05)(PLD) The applicants are requesting two variances to permit a 2-COP alcoholic beverage establishment to locate zero feet from a similarly licensed establishment and 285 feet from a residential zone. The subject property is a restaurant named "Fiddlestix Cafe and Grill". The distance separation variances are required because the subject property is closer than 200 feet to Jo To Japanese Restaurant, and closer than 300 feet to a residential zone. The subject establishment is under new ownership and has a new alcoholic beverage license. The property is zoned Commercial Center. No additional parking is needed. There are 1,950 parking spaces at Countryside Village Square, and the applicant intends to share with other tenants at this shopping center. The Police Department has no concerns with this request. The applicants' request for a conditional use permit was approved by the Planning and Zoning Board on February 16, 1993, subject to the following conditions: 1) the requisite occupational license shall be obtained within six months of public hearing; 2) the operation is limited to consumption on premises only with no package sales; and 3) the applicant shall obtain from the Commission the necessary separation distance variances. In response to a question, it was indicated there would be indoor seating only. Commissioner Fitzgerald moved to approve a variance of 200 feet to allow alcoholic beverage sales within zero feet of a similarly licensed establishment and a variance of 15 feet to allow alcoholic beverage sales within 285 feet of a residential zone for the subject property. The motion was duly seconded and carried unanimously. ITEM #9 - Major amendments to CPD Certified Final Site Plan for Wal-Mart located on the NW corner of NE Coachman Rd. and US19N, Loehmann's Plaza, part of Lot 1 and Loehmann's Plaza Replat, Lots 1-3 (Principle Mutual Life Insurance)(PLD) The applicant is requesting a continuance to allow for negotiations between Wal-Mart and Loehmann's. Commissioner Berfield moved to continue this item to the next regularly scheduled Commission meeting of April 1, 1993. The motion was duly seconded and carried unanimously. ITEM #10 - Second Reading Ord. #5287-92 - Final Site Plan and amendment to CPD Zoning for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15, approx 1.24 ac. (Sun Bank of Tampa Bay Z92-08)(PLD) The applicant is requesting this item be continued. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of April 1, 1993. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ords. #5349-93 & #5350-93 - Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2965 C.R.193, part of Sec. 5-29-16, M&B 41.06 & 41.08, approx. 7.47 acres(Oak Leaf Ltd. LUP93-01, Z93-01)(PLD) The School Board of Pinellas County has a contract to purchase this property. The property is on the south side of C.R.193, south of Sunset Point Road, just west of Landmark Drive, on the east side of the Paul B. Stephens Exceptional Student Center. The property is contiguous to the City on its west and south sides, and along part of the north and east sides. Adjacent County property has a Countywide Future Land Use Plan Category of Residential Low. The remaining land to the north (Castle Woods) and east (Forest Wood Estates) is in the City and has a Future Land Use Plan Classification of Low Density Residential and RS-6 zoning. The property to the south (Salls' Lake Park Subdivision) is in the City and has a future land use classification of Low Density Residential and RS-8 zoning. The property to the west is owned by the School Board and has a future land use classification and zoning of Public/Semi-Public. The City's Comprehensive Plan shows Landmark Drive extending south through the east side of the applicant's property. However, according to the Public Works Director, this segment of the Landmark Drive extension is no longer considered necessary, desirable or feasible due to traffic engineering considerations and environmental constraints. The improvements to McMullen-Booth Road have eliminated the need for this road, so right-of-way dedication is not an issue. At their March 2, 1993 meeting, the Planning and Zoning Board endorsed this request to be approved. The applicant's property has a City future land use classification of Low Density and RS-6 zoning. Its Future LUC will be going from a Countywide Plan Classification of Residential to Institutional, and Pinellas Planning Council review of the proposed land use amendment will be required. Tim Johnson, attorney representing the applicant, stated there are no current plans for the property. The change in land use and zoning will allow the School Board to expand the Paul B. Stephen Center when and if needed. An adjacent property owner expressed concern regarding rezoning this parcel due to the surrounding area being a residential neighborhood. Potential future uses if the property is resold by the School Board were also a concern. She questioned why the entire parcel was being considered in this request. Attorney Johnson said the school has been at this location since 1964 and the School Board is interested in acquiring property not selling it. Jim Miller, representing the school district, indicated the School Board is wanting to acquire additional land for future needs. He said they invest in land, not sell it, and the land would remain vacant until needed. In response to questions, Public Works Director Bill Baker said the segment of Landmark Drive running through the applicant's property is no longer required for right-of-way as it would not benefit the City. The improvements to McMullen-Booth Road have eliminated the need for this road. An adjacent property owner questioned why the School Board needed this much land and expressed concern the parcel would be removed from the tax rolls. He questioned whether or not the property was ever platted. Another adjacent property owner cited integrity of the neighborhood as a concern if the School Board does not retain the property. He objected to institutional type facilities such as nursing homes and requested the proposed public-semi/public zoning not go with the property if resold by the School Board. Mr. Miller said all properties acquired by the School Board have been zoned public/semi-public. Commissioner Hodges moved to approve a future land use plan amendment to Public/Semi-Public and P/SP zoning for the subject property. The motion was duly seconded. Discussion ensued in regard to whether the City should retain the Landmark Drive right-of-way in case it might be needed in the future and the City Attorney said a need would have to be shown now. He felt it was not appropriate to attach a stipulation to a rezoning request. It was noted a conditional use is required for a nursing home. Upon the vote being taken, Commissioners Fitzgerald, Deegan and Hodges and Mayor Garvey voted "aye"; Commissioner Berfield voted "nay". Motion carried. The City Attorney presented Ordinance #5349-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5349-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Ordinance #5350-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5350-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ord. #5351-93 - IL Zoning for property located at 2144 Calumet Street, Clearwater Industrial Park, part of Lot 10, approx. 0.8 ac. (City Z93-02)(PLD) This request is to amend the zoning atlas from P/SP to IL for approximately 0.8 acres of city owned land on the north side of Calumet Street, approximately 800 feet west of Belcher Road. The property was formerly the National Guard Armory. The City proposes to lease or sell this parcel for industrial use. The Commission has declared this parcel to be surplus. The surrounding properties are in the City and have a City and Countywide future land use classification of Industrial and IL zoning. It is proposed to assign the same future land use classification and zoning to the city owned parcel. The City and Countywide future land use classification for this parcel is Public/Semi-Public. The Pinellas Planning Council (PPC), as part of the Consistency Program, has proposed to reclassify this parcel as Institutional. The City has requested the parcel be reclassified by the County as Industrial rather than Institutional as part of the Consistency Program. Final action on the rezoning will not be taken until after the City and Countywide Future Land Use Classifications have been amended by the Consistency Program to Industrial. At their meeting on March 2, 1993, the Planning and Zoning Board endorsed the zoning change. Commissioner Berfield moved to approve IL zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5351-93 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5351-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #13 - Public Hearing - PPC Consistency Program - Reconsideration of various land use plan amendments; modification of Exhibit A of Res. #92-69 (PLD) On December 17, 1992, the Commission approved the following ordinances (on first reading) and resolutions involved with the PPC Consistency Program: 1) Res. #92-69 which authorizes the PPC to request certain changes to the Countywide Future Land Use Plan Map as they relate to the City in order to achieve consistency; 2) Ord. #5312-92 which authorizes amendments to the City's Comprehensive Land Use Plan as they relate to the Countywide Consistency Program; 3) Ord. #5296-92 which proposes to amend the City's Land Development Code as related to the Countywide Consistency Program; and 4) Res. #92-78 which requests the PPC to reconsider certain of its rules. On January 20, 1993, the PPC held a public hearing for the City's requested changes to the Countywide Plan to achieve consistency with the City's plan. Many individuals and groups spoke in opposition to the Countywide changes requesting instead that the City change its plan to match the Countywide Plan. Most of the concerns were expressed by owners of single family properties who wanted a lower Land Use Plan classification. As a result, the Commission subsequently authorized City staff to proceed with amendments to divide the low density residential classification into several classifications to more closely coincide with the assigned zoning districts. The PPC continued approximately one half of the cases due to the concerns expressed by the public. The first three issues involve single family residential classifications and how they are applied to the RS-2, RS-4, RS-6 and RS-8 zoning districts. The PPC staff recommends the land use plan classifications correspond with the average density of the existing single family developments. While in some cases the average density within a single family subdivision may be lower than the maximum permitted density of the assigned plan classification or zoning dimensional and numerical requirements of a lower classification. This means that establishing a lower plan classification and zoning district will create nonconforming lots. City staff recommends we continue with previous Commission direction to revise zoning districts and plan classifications only where nonconformities will not be created. The fourth issue primarily involves commercial properties on U.S. 19 and S.R. 60. This is an area containing a variety of plan classifications on the countywide plan, but the issue of concern is limited to the CG and ROR categories. The PPC staff is recommending that many properties the City has proposed for a CG classification go to an ROR classification to reduce conflicts with Pinellas County enclaves which are largely ROR. City staff is opposed to this because (1) some uses and developments will be made nonconforming; (2) the dominant use pattern is commercial, not mixed residential, office and retail. This use pattern should be reflected on the countywide plan, rather than continuing the current mish-mash of nonresidential classifications; and (3) the City staff feels that cities should specify the general pattern of land use classifications within their planning areas and the County be required to bring its enclaves into conformity with the selected pattern rather than the reverse. The fifth issue involves a single mobile home park, the Kapok Mobile Home Park. The PPC staff feels this park should be placed in a separate land use category because it is less densely developed than other City mobile home parks. The City staff feels that, since we have only a single mobile home zoning district, we should allow this park to remain under the same land use category as all other City mobile home parks. The sixth issue involves a simple reclassification of current P/SP sites into either I or T/U categories to reflect the current uses. Both the City and PPC staffs are in agreement that the property's actual use should determine its classification. The final issue is primarily to correct various scriveners' errors, but does include one specific concern. The PPC staff is recommending the former Siples Restaurant site, now owned by Morton Plant Hospital, be placed in a residential/office general category rather than the institutional category that was recently approved on first ordinance reading by the Commission. The surrounding hospital property is classified as institutional on both plans. On March 2, 1993, the Planning & Zoning Board held a public hearing and reviewed these changes. The Board recommended following the City staff's recommendations on the above issues. Planner Sandy Glatthorn reviewed and discussed the consistency issues to be resolved. She said concern was expressed in creating non-conformities for individual lots in subdivisions if land use plan classifications correspond with the average density of existing single family developments. She said staff feels general commercial is a more appropriate classification for those areas along U.S. 19, for which the PPC is recommending an ROR (residential/office retail) classification, as the dominant use pattern along U.S. 19 in the Clearwater Planning Area is commercial. Staff felt the Kapok Mobile Home Park should remain under the same land use classification as all other City mobile home parks. James Fausch, Eagle Estates Homeowners Association, expressed concern the City does not have a specific zoning district that precisely matches the actual density of his subdivision. He supported the residential suburban land use designation of 2.5 units per acre as it more accurately reflects the density of the 2.8 units per acre in the Eagle Estates Subdivision. Concern was expressed in creating non-conforming density for individual lots as the properties within the Eagles Estates subdivision have been developed in accordance with the City's RS-4 zoning district. In response to a question, it was indicated all the properties within the subdivision have been platted. Mr. Fausch recommended a new zoning district be created and Ms. Glatthorn indicated planned development is a possibility. Dave Healey, Executive Director of PPC, felt there was some confusion regarding the nature of PPC's request. He said the City has submitted 500 amendments to the PPC with one half of these amendments having been approved. Regarding residential categories, he said the City needs to recognize existing development patterns, considering actual density and use, and then adjust the zoning to match the plan. He said he realizes moving away from existing zoning creates non-conformities; however, the Land Development Code exempts existing lot size, depth, etc. He asked that the county plan remain intact and the City change their zoning categories. Concern was expressed in creating new zoning districts and/or rezoning properties in order to meet the countywide land use plan. It was questioned why change if the property is already developed and Mr. Healey said it is important that surrounding properties are consistent. Attorney Tim Johnson expressed concern the ROR designation proposed by PPC will make his client's property, Mountasia/Celebration Station, non-conforming and he requested the ROR designation be rejected as it relates to U.S. 19 in Clearwater. Mr. Healey pointed out and Ms. Glatthorn concurred ROR, in the most recent version of PPC's Land Use Categories, does allow commercial recreation. Howard Smith, representing Wynwoods Landing Association, submitted a letter that had been sent to the residents, requesting the present land use classification of RL (residential low) at 5 units per acre recommended by the PPC be maintained. Ms. Glatthorn said staff is in agreement with this recommendation. Discussion ensued in regard to assigning CG to some of the parcels and ROR or CL to others along U.S. 19 in Clearwater and it was indicated this would create a mixed pattern. The City Attorney pointed out Resolution #92-69 was adopted in December and tonight the Commission is being requested to approve a modified Exhibit A to that resolution. Discussion ensued in regard to there still being differences regarding land use and zoning classifications between the PPC and the City and it was felt some compromise has to be reached. Ms. Glatthorn said these issues can be addressed at second reading of the ordinance. Commissioner Fitzgerald moved to approve modifying Exhibit A of Resolution #92-69. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Hodges and Mayor Garvey voted "aye"; Commissioners Berfield and Deegan voted "nay". Motion carried. Public Hearing - Second Reading Ordinances ITEM #14 - Ord. #5332-93 - RS-8 Zoning for property located at 300 Venetian Dr., North Shore Park Sub., Blk 1, Lots 10, 11 and part of 9, approx. 0.84 acre (Owens/City Z92-10) Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-29) - Approved as submitted. Bids & Contracts - Awarded. ITEM #15 - Extension of contract for paging service with Pac-Tel Paging, St. Petersburg, FL, for the period 4/1/93-3/31/94, at an est. $12,939.17 (AS) ITEM #16 - Contract to retain outside environmental counsel (Akerman, Senterfitt & Eidson), Orlando, FL, for matters related to the DER investigation of the former Clearwater Gas Manufactured Gas Plant site, at a cost not to exceed $40,000 (GAS) ITEM #17 - Joint Project Agreement with Pinellas County to relocate natural gas mains during improvements to Drew St. from Hercules Ave. to US19N, at an est. labor cost of $87,300 (GAS) ITEM #18 - Contract for labor to replace gas mains and services on Cleveland Street to Gulfcoast Utility Constructors, St. Petersburg, FL, at an est. $65,100 (GAS) ITEM #19 - Contract for study of gas rates to Coopers & Lybrand, Tampa, FL, at a cost not to exceed $45,500 (GAS) ITEM #20 - Purchase 200 complete series of Energix B Hepatitis B Vaccine (3 units per person) from the Pinellas County Health Dept. for $99/series to be administered by the City's Fire Dept EMS Division, total cost $19,800 (PD) ITEM #21 - Declare city vehicle 1331.97 surplus; Purchase a thermoplastic striping unit for the PW/Transportation Group from Pave Mark Corp, Smyrna, GA, for $153,766; include trade-in of vehicle for a credit of $10,500 (results in net cost of $143,266); authorize lease/purchase thru 1998; financing to be provided under City's Master Lease/Purchase agreement with AT&T Credit Corp. (PW) ITEM #22 - No Item. Citizens & Staff Requests - Approved. ITEM #23 - Approval of mid-year General Fund budget amendment to appropriate $32,100 from the unreserved, undesignated fund balance of the General Fund for the 3 month continuation of the Beach to Downtown Trolley Service (CM) Plans & Plats ITEM #24 - Preliminary Subdivision Plat for Kings Highway Subdivision (Woodland, Scholl, Austin, Dillinger, Nealy, A.H.W., Fitzgerald, Pittman, Golden, Nikolaus) Authorize the DRC to review the preliminary plat and return it to the Commission for final approval (PLD) Receipt & Referral - Received and Referred. ITEM #25 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 714 & 716 Bayview Ave., part of Sec. 16-29-16, M&B 32.03 & 32.04, approx. 0.60 ac. (Logemann/Parker A93-01 & 04; LUP 93-03 & 07)(PLD) ITEM #26 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-4 Zoning for property located at 1812 Beverly Circle, Meadow Creek Sub., Lot 15, approx. 0.25 ac. (Nikitas, A93-05; LUP 93-06)(PLD) ITEM #27 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1400 Regal Rd., Solar Crest Sub., Lot 1, approx. 0.20 ac. (Forgacs, A93-08; LUP 93-10)(PLD) ITEM #28 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located at 2339 Gulf to Bay Blvd., part of Sec. 18-29-16, N 280.01' of Hillcrest Mobile Home Park, approx. 0.64 ac. (Lokey Oldsmobile, Inc., LUP 93-12, Z93-03)(PLD) Agreements, Deeds & Easements ITEM #29 - Amendment to Agreement with Dimmitt Chevrolet, Dimmitt Cadillac and Richard Dimmitt re: Third Avenue South Commissioner Berfield 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. The meeting recessed from 7:50 p.m. to 8:01 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #30 - Approval of Pinellas Trail primary and secondary route options thru Clearwater; to be forwarded to Pinellas County for their consideration (PR) On August 2, 1990, the Commission approved a Pinellas Trail route through Clearwater that primarily used the east side of East Avenue. However, in a preliminary engineering report prepared by King Engineering, Inc., said route was deemed unfeasible due to safety, permitability and costs. These findings were presented to the Commission on November 2, 1992. Prior to said meeting, City Commissioners and staff toured other optional routes. As of this date, any design and/or development of the Pinellas Trail through Clearwater is on hold. The County has asked that the City provide a new recommended route, or sequence of routes by priority, that can be considered in finalizing the trail. In response, the City Manager appointed a committee of staff from the Parks and Recreation, Planning, Public Works and Traffic Engineering Departments to review trail options and to prepare recommendations. Staff recommends Option 1, which runs along the bayfront, along Turner Street from Oak Avenue to East Avenue and takes advantage of the abandoned railroad right-of-way from Magnolia to Lakeview, be recommended to the County for further study. The City's Parks and Recreation Board also recommends this option. In the event Option 1 route can not be achieved, staff recommends Option 2, which proceeds through the center of downtown, takes advantage of the abandoned railroad right-of-way from Magnolia to Lakeview and uses the west side of East Avenue. Option 3 runs along the bayfront, Bay Avenue and intersects at Jeffords and Option 4 makes use of Lakeview Road to Prospect Avenue to Laura and onto East Avenue and would cross the railroad tracks in two locations. Parks & Recreation Director Ream Wilson said the original route approved by the Commission in 1990 was determined to not be a workable route. He reviewed the various options indicating each route has certain advantages and/or disadvantages. Eight members of the First United Methodist Church spoke in opposition to option #1 indicating the use of this route along Turner Street would have a severe impact on future growth and expansion of the Church. There is a continual use of Turner Street by the members for church events and meetings, pre-school, deliveries, and wedding and funeral services. The presence of the Trail would restrict traffic and add to the already existing transportation problems. The height of activity on the trail and for the Church are at the same time. It would be difficult to meet ADA standards for handicapped access without obstructions caused by the Trail. They supported option #2. A letter in opposition was submitted from the members. Eight citizens spoke in opposition to option #1 with some citing inconvenience and safety concerns in having to cross Ft. Harrison Avenue and in going along the bayfront. Some supported a spur around the bayfront and Coachman Park; some felt the trail should not go through a residential neighborhood. They supported option #2 indicating the Trail is a gift to the City and should be shared with the downtown businesses and it was pointed out the Trail has helped to revitalize other communities. A request was made to reconsider the East Avenue route. One resident in the Lakeview/Hamlet area indicated the residents supported the Trail going through their neighborhood; however, cited tree removal and safety concerns. She said a petition has been submitted by these residents. Scott Daniels, president of Pinellas Trail Association, stated the Trail has approximately 80,000 users which has helped development in other municipalities. He said the association members have raised money for the amenities along the Trail with volunteers donating countless hours. He cited safety concerns in going with option #1 and recommended option #2. Discussion ensued in regard to there being less right-of-way on the east side of East Avenue and a parking problem with the post office. It was felt taking the Trail along the west side of East Avenue would be the most viable and direct route with the Hamlet Avenue option at the south end. Commissioner Fitzgerald moved to approve Option 2 (East Avenue) with the Hamlet Street option at the south end as the primary Pinellas Trail route through Clearwater and to forward said route to Pinellas County for their consideration and study. The motion was duly seconded and carried unanimously. It was felt running the Trail through the center of downtown was a positive approach to help the downtown. In response to a question, it was indicated other communities have run the Trail next to an active railroad; however, in Clearwater's case, distance is the concern. ITEM #31 - Harbor Oaks Association request to close Druid Road and Bay Avenue at their intersections with Jeffords Street; direction re: proposed traffic action plan (PW) The Harbor Oaks Association, a neighborhood homeowner's group, has requested the permanent closure of both Bay Avenue and Druid Road at their intersections with Jeffords Street. These closures, the Association reasons, would protect the neighborhood from the pollution and traffic hazards caused by motorists using the neighborhood's street to reach other destinations. Currently, Bay Avenue carries about 1,180 vehicles per day and Druid Road carries about 4,250 vehicles per day. The City's Transportation Group has, in the past, acknowledged 2,000 vehicles per day as a desirable maximum for local residential street traffic, and Bay Avenue falls well within that threshold. Druid Road, while it traverses a residential area, is classified as a collector street, with a desirable maximum volume of 15,000 vehicles per day and Druid Road likewise falls well within that threshold. The immediate closure of Druid Road would divert a significant amount of traffic to South Fort Harrison Avenue, negatively impacting the level of service and increasing congestion along this heavily travelled roadway. In addition, the Fire Department has expressed their opposition to both closures, citing concerns about access to the neighborhood and to the Morton Plant Hospital complex. However, the Transportation Group and the Fire Department, working together, have developed an implementation plan that reduces traffic through the neighborhood while maintaining emergency access. A key component to this plan is the improvement of capacity along the South Fort Harrison corridor. The Transportation Group recommends that, should a diversion of traffic away from the Harbor Oaks neighborhood be desired by the Commission, the proposed plan in the "Traffic Study Report" be adopted. Traffic Engineer Peter Yauch reviewed the history of the request which dates back to 1992. Fire Chief Davidson cited concerns regarding lack of access to the hospital, loss of a major staging area for equipment in the event of a major fire, an increase in response time, diminishing the ability to access a major water supply and eliminating two designated access routes to the hospital. He pointed out the homes within the Harbor Oaks area are of such a size and construction that a quick response time is important in case of a fire. Mr. Yauch stated a shift in traffic from Alternate 19 to Myrtle Avenue has been considered as S. Ft. Harrison has limited right-of-way and is faced with increasing traffic; however, one problem is the active railroad line on the south end which would require an overpass to cross it. An alternative conceptual plan to divert traffic to Myrtle Avenue uses an asymmetric lane configuration while maintaining two-way access to adjacent businesses. Ft. Harrison would be predominantly southbound, with two southbound through lanes, a two-way left turn lane and a single northbound lane. Myrtle would have one southbound lane, a two-way left turn lane and two northbound lanes. A right-of-way corridor has been identified to use for a free flowing right turn onto Lakeview Road and to provide a merge to get northbound traffic from Fort Harrison over to Myrtle Avenue. A PD&E study is underway for Alternate 19. He indicated that solid waste pickup concerns in Harbor Oaks could be addressed by relocating the receptacles. The landscaping areas could support passage by fire department vehicles. Discussion ensued in regard to the closure of Druid Road and it was felt this should be based on widening Jeffords Street and shifting the traffic from Alternate 19 to Myrtle Avenue. Mr. Yauch said there has been interest expressed from the Town of Belleair in closing Druid Road at Indian Rocks Road due to traffic concerns. He said the development plan proposed by Morton Plant Hospital includes vacating Bay Avenue and said the hospital does not feel the closure of Druid Road is in their best interest. He said staff does not recommend the closure as any barrier could delay response. Mr. Yauch recommended the use of mountable barriers if Druid Road is closed; however, did not recommend the closure. Discussion ensued in regard to waiting for the PD&E study before making any changes and it was felt the Myrtle Avenue/Fort Harrison merge should be pursued even if the plan is not approved as there is a need to improve the traffic flow on these roads. Two residents of Harbor Oaks spoke in favor of the request indicating Druid Road was not designed for heavy traffic flow and speed. It was felt the Harbor Oaks area is being deteriorated as Druid is a favored shortcut by motorists. A recommendation was made for consideration of 4-way stops at Bay and Magnolia and Jeffords Street to slow traffic. An official of the Town of Belleair spoke in favor of staff's recommendation of no closure; however, she did not feel it would alleviate the problems on Druid Road. She said the source of traffic on Druid comes from Indian Rocks Road. She voiced the need for open communication between the City of Clearwater and the Town of Belleair on what should be done on Ft. Harrison and Myrtle. She also felt the Trail will cause additional traffic problems and said if the Harbor Oaks homeowners' recommendation is approved, it would greatly impact the Town of Belleair. Cedio Saltarelli, president Harbor Oaks Association, said the historic site of Harbor Oaks is heavily used by motorists. Gil McArthur, Harbor Oaks Association, thanked staff for their cooperation with the homeowners. He suggested widening Jeffords Street and lane changes on Ft. Harrison and Myrtle before closing Druid Road. He favored mountable barriers and felt the closure of Bay at the southern boundary would not impede emergency vehicles. He requested that Bay Avenue be immediately closed. Bob Wright, Clearwater Coalition of Homeowners, applauded the Traffic Engineer on the excellent job in developing a traffic plan. He felt using one-way pair configurations on Ft. Harrison and Myrtle would be a temporary solution. He requested signs be posted at both ends of Alternate 19 to divert traffic. He opposed the closure of Bay and Druid, requested the consideration of 4-way stops and supported diverting traffic from Alternate 19 to Myrtle. A suggestion was made to put the closure at the Clearwater/Belleair line on Druid and it was indicated this could be an option. Discussion ensued in regard to the fire department response area for Largo and Belleair. Commissioner Deegan moved to deny the request from the Harbor Oaks Association to close Druid Road and Bay Avenue at their intersections with Jeffords Street. The motion was duly seconded. Concern was expressed the Traffic Engineer did not consider this area to be so heavily traveled that it warranted closing. It was felt 4-way stops should be implemented at Indian Rocks Road and along the straightaways to control speeding. A comment was made the policy of ticketing speeders only after the speed limit is exceed by 10 miles is appalling. Upon the vote being taken, the motion carried unanimously. Consensus was to direct staff to investigate implementation of 4-way stop signs on Druid Avenue and to pursue staff's recommendation for a traffic action plan. The meeting recessed from 10:04 p.m. to 10:09 p.m. ITEM #32 - (Cont. from 3/4/93) Space Needs Study - New City Hall (CM) The City Manager said direction is needed in order to move forward with the City Hall project. Deputy City Manager Kathy Rice stated accepting the Space Needs Study, an Investigative Analysis of Needed Space and Existing Conditions Survey, is the necessary cornerstone for building on the City Hall site. Reference was made to a letter regarding the Sun Bank Building and an opinion was expressed it was not out of order to make a motion regarding the purchase of this building as additional information revealed the purchase price has been reduced from the original proposal of $9.8 million. Commissioner Fitzgerald moved to authorize the City Manager to expeditiously negotiate the purchase of the Sun Bank building for a purchase price not to exceed $6.5 million plus customary closing costs. The motion was duly seconded. It was pointed out there were some issues that needed to be addressed such as loss of revenue due to the building being removed from the tax roll and depreciation concerns. The building was built after the Community Redevelopment Agency (CRA) was formed and a majority of tax revenue from the building flows into the CRA and not the General Fund. The City Hall and Annex property now occupied by staff would be freed up by the purchase of the Sun Bank building to be placed on the tax rolls. This could result in a wash or increase in tax revenue. Referring to the value of the building and prior depreciation concerns, it was indicated a review shows there are both accounting and tax depreciations and neither is an indication of the value of the building. It was felt consideration should be given to the income flow from existing leases which could accrue an estimated $2 million to offset the cost of the building. It was felt consolidation of City offices could not be achieved for a price less than $6.5. A question was raised regarding the propriety of the motion as a motion made on June 18, 1992, to deny the purchase of this building had passed and there has been no request to rescind that prior motion. The City Attorney said he was of the opinion a motion to rescind would not be necessary as nine months have passed and the circumstances have changed. He said there is a fundamental rule that one city commission cannot tie the hands of a future city commission. The previous motion, according to a tape of the meeting, was to deny the City Manager's request to purchase the Sun Bank Building. The City Manager's proposal was to purchase the building for $9.8 million plus closing costs. Attorney Tim Johnson, stated he is here at the request of Commissioner-Elect Fred Thomas and read a letter from him into the record. The letter mentioned a proposal for refurbishing the City Hall Annex at a cost of $1.8 million and expressed Mr. Thomas' opposition to the purchase of the Sun Bank Building. In the letter, Mr. Thomas urged the Commission to examine this proposal. He requested a continuation of any discussion or action regarding a new City Hall until after he takes office. Eight citizens spoke in opposition to the purchase of the Sun Bank Building citing concerns of a pending lawsuit, impact on downtown parking and relocating the City's gas farm. Concern was also expressed regarding the price of the building, with it being felt the City could purchase it for less. It was rumored there had been an offer from another party and it was questioned why the City had to act immediately. Concern was expressed in so little time being given to the space needs study item before action was taken regarding the Sun Bank Building. Opinions were given this matter should be decided by a fully elected Commission and/or go to referendum. It was pointed out the Church and the County have expressed an interest in buying the current City Hall property if vacant, and if they do, this will not put the property back on the tax rolls. It was felt the Commission should examine all options. Four citizens spoke in support of the purchase emphasizing the importance of a consolidated City Hall. It was felt purchasing the Sun Bank Building would allow for the expansion capabilities that the refurbishment of the Annex would not. An opinion was given the glass issue should not be a concern as it was indicated the glass is able to withstand twice as much wind velocity as is required. It was felt freeing up the Annex property and having it available for development would be more appealing to developers. Daniel Leiter, representing the Downtown Development Board (DDB), reminded the Commission of the DDB's support of the downtown development plan which included developing the Annex tract. He said the current board supports the purchase of the Sun Bank Building which would free up land to be put back on the tax roll. He felt the current City Hall site could support a museum or an art center and requested the Commission start negotiations to purchase the Sun Bank Building. In response to questions, Mr. Leiter responded if the current City Hall is vacant, it would be available to go back on the tax rolls and the DDB has not considered putting a consolidated City Hall or day care center on the Annex property. He did not know whether the City Hall property was more valuable than the Annex property. Robert Adler, representing Maria Real Estate and Associates, said the staff that had worked on the Atrium Building is in the process of receiving awards for their work. He said Citicorp has not approached the City or have they authorized the sale of the Sun Bank Building to them for $6.5 million. Carlton Ward, representing the Clearwater Chamber of Commerce, said the Commission has already approved a consolidated City Hall. He said, if the Annex is refurbished, it will not be a Class A building. He considered it to be an insult to Commissioner Hodges that it was felt this issue should wait until a fully elected Commission is present. He pointed out the building had withstood the last turbulent storm. He said the existing Sun Bank leases would produce income for the City, the current City Hall and Annex property could be placed back on the tax rolls and there would be plenty of room in the building to provide day care. He said a great opportunity would be missed if the City did not purchase the Sun Bank Building. An opinion was given the proposal to refurbish the Annex should be examined and it was indicated it has not been decided how much space will be required for a new city hall. There was discussion regarding the existing tenant leases in the Sun Bank Building and whether they would be broken if the City buys the property. Concerns were expressed to the pending lawsuit and in leasing the extra space as it was felt the City should not be in the leasing business. It was felt a decision would not be appropriate at this time and this issue should be continued. An opinion was expressed enough information had been obtained regarding the above and it was felt an intelligent decision could be made by the present Commission and there was no need to wait. It was felt it was time to move forward. An opinion was expressed there should be an opportunity to examine the proposal for the Annex property. It was felt the main issue should not be exclusively money and it was pointed out the $10-15 million budgeted for a new City Hall is just a projection. It was felt the tenants in the Sun Bank Building would not want the City as a landlord and would break their leases, it was not proper to let social service agencies use the extra space and the building did not meet the Commission's goals for appearance and/or identity. Concern was expressed regarding energy efficiency of the building and its ability to withstand severe storms. It was noted there would be other costs associated with the purchase such as finishing costs, repairs, etc. It was noted the Commission unanimously approved a consolidated City Hall as a means of providing convenience to its citizens. It would also result in a savings in operating costs. An opinion was expressed a new City Hall could not be built for less than $10 million on the current location. It was pointed out the Annex contains 72,000 square feet and the space needs study reflected a need for at least 95,000 square feet for a consolidated City Hall. It was felt the extra space in the Sun Bank Building could be leased to the Clearwater Housing Authority or non-profit organizations or as a small business incubator office. The Annex was originally designed as a department store and there have been ongoing problems in converting it to office space. It was felt an offer to purchase the Sun Bank Building was appropriate at this time. Upon the vote being taken, Commissioners Fitzgerald and Hodges and Mayor Garvey voted "aye"; Commissioners Berfield and Deegan voted "nay". Motion carried. The City Manager said several issues needed to be resolved before bringing back a contract. Commissioner Fitzgerald moved to continue the space needs study until the next regularly scheduled meeting of April 1, 1993. It was felt there was no need to continue this item as its approval only indicated acceptance of the study. The motion died due to a lack of a second. Commissioner Berfield moved to accept the space needs study. The motion was duly seconded and carried unanimously ITEM #33 - Res. #93-12 - authorizing a cooperative assistance agreement with the State re: feasibility study for replacement of the Memorial Causeway S.R.60 Drawbridge with a high-level fixed bridge (PW) The FDOT, through its annual budget process, offers a Local Government Cooperative Assistance Program whereby municipalities are invited to propose joint city-state projects for improvements to the state transportation system. The proposing local government and the state share in the project costs on a 50-50 basis. A relatively small amount of money (less than $1 million) is available for the state's share of approved projects in District 7. While this is not the process whereby a new bridge could be built, the Local Government Cooperative Systems Program is the City's best means for instigating the ten year long process necessary to complete a new bridge at Memorial Causeway. A feasibility study can be performed at a cost of approximately $100,000 ($50,000 City/$50,000 State) and is necessary to identify the complex considerations involved with a bridge replacement project. The study most likely will examine Drew Street, Cleveland Street and Court Street as possible take-off points for a new bridge and the very serious impacts associated with the possible geometry of the on-ramps and off-ramps at each take-off site. The City is unaware of any plans of the FDOT to independently begin this first step of such a project at this time. The City's participation, however minor, will, its believed, begin the process and greatly reduce the time frame involved in a bridge replacement project. Because March 1, 1993, was the deadline for the submission of applications, staff has entered an application for a feasibility study in accordance with the FDOT's application rules. The City now has until March 22nd to follow the application with a resolution by the Commission. The application can be withdrawn should the Commission desire. Commissioner Berfield moved to confirm the submission of an application for joint City and State participation in a feasibility study for the replacement of the Memorial Causeway (S.R.60) drawbridge with a high-level fixed bridge. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-12 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-12 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #34 - Res. #93-15 & Res. #93-16 transmitting Land Use Plan Amendments associated with the Downtown Dev. Plan & the N.Ft.Harrison/N.Myrtle Ave. zoning study to the PPC for review (PLD) The Pinellas Planning Council (PPC) has recently revised its transmittal procedures for land use plan amendments. The PPC now requires the adoption of a resolution by the governing body of the local government requesting PPC review before it will process land use plan amendments. Resolutions #93-15 and #93-16 transmit the land use plan amendments associated with the Downtown Development Plan and the North Ft. Harrison/North Myrtle Avenue Zoning Study to the PPC for review. The City Attorney presented Resolution #93-15 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-15 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Resolution #93-16 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-16 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #35 - Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #36 - Ord. #5354-93 - Amending Secs. 36.114, 36.118, 36.121 & 36.125 re: development agreements The City Attorney presented Ordinance #5354-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5354-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. Resolutions ITEM #37 - Res. #93-11 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #93-11 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-11 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #38 - Res. #93-14 - Amending Commission rules of procedure regarding conduct of business The City Attorney presented Resolution #93-14 and read it by title only. Commissioner Deegan moved to continue Resolution #93-14 to the next regularly scheduled meeting of April 1, 1993. The motion was duly seconded and carried unanimously. Other City Attorney Items ITEM #39 - License Agreement with Diocese of St. Petersburg for driveway encroachment re: property city is purchasing at St. Cecelia's for Stevenson's Creek project This item was withdrawn. ITEM: Opposition to Property Rights Bill Commissioner Berfield has requested a resolution opposing the proposed "Private Property Rights Act" legislation be adopted. The proposed legislation would require payment by governmental agencies for any regulatory action that would result in a property value decrease of 40% or more. This would severely limit governmental ability to control and manage growth and would impose significant cost in analyzing the costs of zoning or other regulations. The City Attorney presented Resolution #93-19 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-19 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #40 - City Manager Verbal Reports The City Manager reported preliminary review of the Pier 60 bids seems to indicate they are less than budgeted. ITEM #41 - Other Commission Action Commissioner Deegan said he does not favor ticketing speeders only after the speed limit is exceeded by 10 miles. Consensus of Commission to have Police Chief Klein at a work session. He questioned when the Community Development Update will be available. Staff is waiting for HUD information for follow-up report. Commissioner Berfield referred to an article regarding trolley service in Ft. Lauderdale costing $28,300 annually. Staff is investigating. Commissioner Hodges requested consideration be given to consolidating the various groups in the North Greenwood area. She stated she felt the salary of the Commission should be reviewed. ITEM #42 - Adjournment The meeting adjourned at 12:05 a.m.