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05/20/1993 CITY COMMISSION MEETING May 20, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 20, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas 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 Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic 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 Awards One service award was presented to a City employee. The Employee of the Month award was presented to Theron Johnson, Jr., Public Works Department. ITEM #4 - Introductions and Awards Proclamation: Older Americans Month - 5/93 ITEM #5 - Presentations - None. ITEM #6 - Minutes of the Regular Meeting of May 6, 1993 Commissioner Berfield pointed out on page 12, the fourth full paragraph, minutes referencing the sign code prior to 1993 that there are some words missing. The City Clerk indicated that "did not" should be in front of the word "allow". Commissioner Berfield also questioned the first paragraph on page 13, indicating that the jog was in the Walgreens building. It was stated that the jog is in the Wings building. She questioned on page 35, in the eighth paragraph, comments made by Commissioner Fitzgerald regarding County Commissioner Rainey's letter bearing on the sign code. It was indicated this was the verbiage used by Commissioner Fitzgerald. Amendments to the minutes will be made regarding pages 12 and 13. Commissioner Berfield moved to approve the minutes of the regular meeting of May 6, 1993, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Jim Doran, father of former police officer Doran, complained about the treatment of his son. He requested there be an investigation of the Police Chief and the procedures and tactics he alleged cost taxpayers money. He alleged that police personnel tried to "strong arm" the doctor to change his conclusion regarding Officer Doran's condition. The City Manager indicated that this is a case that is currently involved in litigation. Lois Martin requested something be done regarding Stevenson's Creek stating that the silt is now almost even with the bank and the water has no where to go. Cherry Harris requested something be done regarding Stevenson's Creek indicating the neighbors have been fighting with this problem for years. She stated the sand has gotten to the point where you can walk across the mouth of the creek. She stated flooding occurred during the March storm and she lost everything in her utility room. Commissioner Thomas questioned whether or not the Public Works Department had a plan to look at this. William Baker, Public Works Director, indicated this has already been considered and that there is nothing proposed at this time. He further indicated that there are two aspects of this, the siltation, which would require dredging and flooding, which was not due to the silt but to aberrant high tides. He further indicated that to dredge would cost 6 to 12 million dollars. This would not stop the flooding as the flooding was not caused by the siltation. He indicated that contrary to comments made by Ms. Martin and Ms. Harris, the siltation problem has improved since the hardening of Stevenson's Creek as there is less silt coming down the creek to be deposited in this area. It was the consensus that this issue be added to the Stevenson's Creek discussion which will come back to the Commission in the near future. It was also requested information be provided regarding whether or not the Stevenson's Creek project is accomplishing what it was intended to. Bill Wade, owner of Steve's Detailing, spoke in opposition to the rerouting of State Road 60 indicating it would kill the remaining businesses on this road. Richard Lowinger stated he owns American Speedy Printing on Cleveland Street and that he selected this site because Cleveland Street was a main street through downtown. He requested reconsideration of the rerouting of State Road 60. Judy Haines, representing the Idle Spur Saloon, expressed concern regarding the rerouting of State Road 60 stating that 10 to 30 percent of their business is from people passing by. Vince Caffiero, representing Charlie's Italian Restaurant, stated they are 100 percent against moving the beach traffic off of State Road 60. He stated they surveyed 290 customers and 55 percent said they were driving by. Paul Polgar, owner of Skinz, requested the vote to reroute State Road 60 be stricken from the record due to public comment not being allowed; Commissioner Deegan owning and operating a business on Cleveland Street disqualifies him from voting, and that 109 retail businesses from Myrtle and Highland will be adversely impacted and they were not notified of this change. He suggested an alternative plan for parking be investigated. Commissioner Deegan indicated he did not own and operate a business on Cleveland Street, rather he occupied an office there and that office is for the purpose of being there for citizens to speak to him as well as being the National Headquarters of the Catholic Pastoral Planners. He stated there are no visitors regarding the Catholic Pastoral Planners and the only people visiting are citizens. He stated the long term benefit of rerouting State Road 60 would be to bring many more cars past all of these stores as downtown will become a destination. He stated the last time a survey was done, there were 501 people in favor of rerouting 60 and placing parking on Cleveland Street, 58 against. The Mayor indicated she did not deny public input at the last meeting but rather she did not receive the request. She emphasized she voted against the rerouting of 60 and requested that the perception that she "led the charge" to reroute 60 is incorrect. Ted Tsafatinos, a downtown property owner, spoke in support of rerouting 60 and placing parking on Cleveland Street. He relayed an incident where two couples came into his store looking for parking. Birle Caseber stated that much of his business comes from people driving by. He relayed an example of a couple visiting from a northern state stopping in his store and purchasing $3,000 worth of furniture. He stated this would not have happened without the State Road 60 traffic. Sheryle Festa, owner of a hair salon in downtown Clearwater, recommended a pilot of the parking on Cleveland Street. Leona Logan, owner of Happy Rugs, stated she watches traffic go by as there is no where to park. She suggested the parking on Cleveland Street be tried out and that downtown Clearwater could be a wonderful place. Lillian Trickel, Trickel's Jewelry Store, stated she has been in downtown for 48 years and that traffic now whizzes by at 40 to 60 miles per hour. She stated downtown needed easy to find parking, new retail and restaurants. She stated if there were on-street parking, it would be alot easier to shop in downtown. She emphasized that Mr. Polgar has plenty of parking at his business establishment. Cheryl Loftus, representing Illusions of Grandeur, stated that in Birmingham, Michigan, there is parking on the street and the downtown area is great. She said no one wants to walk the streets in downtown Clearwater and if there was parking on the streets, there would be no problems. Pat Yeagle stated she has come before the Commission for parking on Cleveland Street before. She stated new businesses in the 400 and 500 block of Cleveland will not survive. She stated that those speaking against the rerouting of 60 and parking on Cleveland Street have parking at their facilities. Charlotte Raugh, representing Happy Rugs, stated people come into the shop and complain regarding there being no place to park. She said she has watched businesses open and close due to no parking. Colleen Wilhite, owner of a bookstore on Cleveland, stated she has been confronted by customers regarding where they park. She relayed an incident where the guard from the Pinellas County parking lot followed a customer into her shop to have them move their car. Bob Wright, President of the Coalition of Clearwater Homeowners, reported the state legislature has increased incorporation fees from $61.25 to $200. He stated this has adversely impacted many of the smaller homeowners associations. He requested the Commission use its lobbyist, Jim Massie, to raise this issue with the state legislature. Jay Keyes requested the Commission look at the requirement for conditional use approval for changes of ownership for alcoholic beverage establishments. He relayed a series of events regarding his attempt to sell a business with an alcoholic beverage license indicating short comings in the process as well as the time it takes to follow the procedure. It was indicated the alcoholic beverage code is being reviewed and will be discussed by the Commission at their next worksession. Bob Bickerstaffe spoke in favor of downtown parking. He stated the main thing parking will do is show there is activity in the downtown area. Robert Clarke complained regarding wrongful practices of government employees. Asheela Harris indicated there was a number of young people in the audience who were there to speak in favor of Ervin's All American Youth Club participation in the Summer Youth Employment Program. ITEM #8 - Status right-of-way acquisition Clearwater Pass Bridge The City Manager reported staff is taking deliberate action to acquire the necessary right-of-way and that tonight is to provide a status report and set the stage for future action. Tom White of Volkert and Associates, stated currently they are 90 percent through with the design process and that right-of-way plus a temporary construction easement will be required. The right-of-way needed has potential impacts on the business located adjacent to the bridge. In response to a question, he indicated approximately 34 parking spaces would be lost to the Leverocks Restaurant as well as 4/10 to .05 acres. The City Manager reported Leverocks leases the property from a family and that the right-of-way acquisition will take 34 to 35 parking spaces. The business is successful and has a full parking lot and should they lose these parking spaces, it would impact the neighborhood with a parking problem. He stated at one time, staff had considered placing additional parking for the restaurant on what is called the "Standrich" property but a reverter clause prevents this. He stated basically the City will have to deal with three distinct owners. The owners of the property on which the Leverocks restaurant exists, the Leverocks business owners and the Standrich property owners. He stated he will be entering into negotiations soon. He stated with the original alignment, there will be a period of time that the bridge will be closed to all traffic. Mr. White indicated the construction schedule would have the bridge closed for 4 1/2 to 5 months as boat traffic takes precedence over vehicular traffic. The City Manager stated he felt there was knowledge the bridge would have to be closed but it was not known that it would have to be for 5 months. He further stated it would take several million dollars to acquire the right-of-way needed. He stated there is an alternative of putting the bridge within the existing right-of-way. Mr. White indicated this would require a curve in the bridge, a temporary construction easement would still be needed on the restaurant property and a little of the Standrich property and perhaps a small temporary construction easement on the Hilton property, but, the time of closure would be 1 year. The City Manager emphasized that going with the alternate would delay construction, have a longer closure of the bridge and delay opening of the new bridge. The question would be how much is the City willing to pay for the needed right-of-way. He stated negotiations with the property owners will begin next week. Commissioner Thomas questioned how much time would be needed for the redesign and Mr. White indicated it would take 4 to 5 months. Commissioner Thomas questioned whether or not this concept was considered at the beginning of the project. Mr. Volkert indicated this consideration had been ruled out due to the closure of the bridge and this concept was not taken to full development. Commissioner Thomas expressed concern that Volkert and Associates had ignored a multi-million dollar decision and they would now get additional monies for the additional design work. Mr. Volkert indicated the Federal Highway Administration takes into consideration the inconvenience to the public and they have been involved throughout the process. The current design of the bridge is what the Federal Highway Administration has approved. Commissioner Thomas questioned how much the additional design would cost and Mr. Volkert indicated approximately $120,000. Commissioner Thomas expressed concern regarding the condemnation process stating that all attorneys fees are tacked on to the cost of the property. He emphasized that condemnation is done by a jury of 12 with the only other 12 member jury being for capital punishment crimes. He felt Volkert and Associates should pay for the additional design. He suggested that if the Commission should choose to go with the route that would require additional closure, that the monies saved be given to Sand Key to assist them with the burying of the power lines. Mayor Garvey stated the Commission chose the first alternative as it did not wish to inconvenience traffic and tourists. The City Manager stated the current restaurant is slightly below grade and with the new bridge, they will lose their visibility and signage. In response to a question, he indicated a variance for the sign could be granted. Commissioner Berfield questioned whether or not the bridge could be straightened and it was indicated this would require a closure of 2 years. Mr White indicated the questions are the closure time and the cost of the right-of-way. He stated the cost to the motoring public will be considered by the Federal Highway Administration. The City Manager indicated he will be talking to the property owners and will try to strike a compromise however, if this is not possible, the City does have an alternative to consider. Commissioner Deegan questioned the impact on the Hilton. Mr. Volkert indicated that if the new alignment is pursued, a temporary construction easement would be needed on their property. The City Manager indicated that the property currently leased from the City, which is under the current bridge, would be lost to the Hilton. PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ord. #5388-93 - Vacating r-o-w for Gulf-to-Bay Blvd described as N 10' of Lot 4 and N 10' of W 163.14' of Lot 3, William Brown's Subdivision of Bay View (Water's Edge V93-03)(PW) In 1986 when the Water's Edge office complex was proposed on the south side of S.R.60, the City exercised its Land Development Code requirements to obtain a 10 foot strip for additional right-of-way on S.R.60. The City believed that the future widening project would necessitate a 60 foot half right-of-way on the south side. In 1991, when the actual construction of the widening project began, the DOT plans did not utilize a 60 foot width and the 50 foot width was sufficient to accommodate the project. Because the road widening did not utilize the 10 foot extra width, it is deemed appropriate the property return to the parties from which it was obtained. While ownership of the property will revert to the adjacent property owner, the City will need to retain a utility easement over the full width of the property involved because some utilities were installed in the 10 foot strip. Florida Power and GTE have no objection to this vacation provided it is retained full width as a utility easement. Vision Cable has no objection. Robert Gregg, Architect representing Water's Edge, stated they want to use the property for landscaping and a sign. William Baker, Public Works Director, indicated staff is recommending the vacation of the Christmas Wonderland right-of-way as well. Commissioner Berfield moved to approve the vacation of right-of-way for Gulf-to-Bay Boulevard described as the North 10 feet of Lot 4 and the North 10 feet of the West 163.14 feet of Lot 3 of William Brown's Subdivision of Bayview subject to retaining it full width as a utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5388-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5388-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #5383-93, #5384-93 & #5385-93 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-4 Zoning for property located at 1812 Beverly Circle, Meadow Creek Sub., Blk C, Lot 15, approx. 0.25 acre (Nikitas, A93-05; LUP 93-06)(PLD) The subject property is located on the north side of Beverly Circle North, approximately 290 feet east of Keene Road and 700 feet north of Lakeview Road. The applicants are requesting annexation to obtain City sewer service. At their meeting of May 4, 1993 the Planning and Zoning Board recommended approval. Commissioner Deegan moved to approve annexation, a future land use plan amendment to low density residential and RS-4 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5383-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5383-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Attorney presented Ordinance #5384-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5384-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Attorney presented Ordinance #5385-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5385-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ord. #5399-93 - amending Sec. 42.24; to allow elevated air conditioning and light mechanical equipment and associated decking in setback areas (LDCA 93-07)(PLD) Jim Polatty, Planning and Development Director, indicated the Planning and Zoning Board at their meeting on Tuesday, May 18, recommended an amendment to the ordinance that would now allow this construction in the clear space required for waterfront properties. The Mayor questioned whether or not this would be a minor change to the ordinance. The City Attorney indicated this may not be a minor amendment and may require the title to be amended which would require additional advertising. Commissioner Thomas expressed concern that with the amendment it would be almost impossible for waterfront properties to place the elevated air conditioner with its structure in its setback. Concerns were expressed regarding just receiving the information regarding the Planning and Zoning Board's recommendation at the Commission meeting tonight. The City Attorney recommended continuing first reading and he would prepare the amendment. Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ord. #5382-93 - readopting, ratifying & confirming Subsection 1 of Sec. 44.31; providing for readoption of sign permitting requirements (LDCA 93-06)(PLD) The Commission has been advised that the findings of the 11th Circuit Court of Appeals concerning the City's sign regulations relating to the Dimmitt case require the readoption of the City's sign permitting requirements. Ordinance #5382-93 will readopt the permitting requirements previously established in the 1992 code amendments. This readoption should resolve the legal issues concerning the permitting procedures which resulted from the ruling in the Dimmitt case. Both the Development Code Adjustment Board and the Planning and Zoning Board recommend approval. Commissioner Fitzgerald moved to approve a Land Development Code Amendment providing for readoption of sign permitting requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5382-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5382-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5361-93 - Annexation for property located at 1906 Ashland Dr., Citrus Heights Manor 1st Addition, part of Lots 45 & 46, approx. 0.18 acre (Foderingham A93-03) The City Attorney presented Ordinance #5361-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5361-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5362-93 - Land Use Plan Amendment to Low Density Residential for property located at 1906 Ashland Dr., Citrus Heights Manor 1st Addition, part of Lots 45 & 46, approx. 0.18 acre (Foderingham LUP93-05) The City Attorney presented Ordinance #5362-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5362-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #15 - Ord. #5363-93 - RS-8 Zoning for property located at 1906 Ashland Dr., Citrus Heights Manor 1st Addition, part of Lots 45 & 46, approx. 0.18 acre (Foderingham A93-03) The City Attorney presented Ordinance #5363-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5363-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #16 - Ord. #5364-93 - Annexation for property located at 1505 Winchester Rd., Hulett Estates, Lot 1, approx. 0.23 acre (Corkery A93-02) The City Attorney presented Ordinance #5364-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5364-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #17 - Ord. #5365-93 - Land Use Plan Amendment to Low Density Residential for property located at 1505 Winchester Rd., Hulett Estates, Lot 1, approx. 0.23 acre (Corkery LUP93-04) The City Attorney presented Ordinance #5365-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5365-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #18 - Ord. #5366-93 - RS-6 Zoning for property located at 1505 Winchester Rd., Hulett Estates, Lot 1, approx. 0.23 acre (Corkery A93-02) The City Attorney presented Ordinance #5366-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5366-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #19 - Ord. #5367-93 - Vacating 30' wide portion of Allen Avenue, lying S of Blk 1, Acker's Subdivision, between S.R.580 and Daniel St. (City V92-15) The City Attorney presented Ordinance #5367-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5367-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #20 - Ord. #5368-93 - Annexation for property located at 714 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Logemann A93-01) The City Attorney presented Ordinance #5368-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5368-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #21 - Ord. #5369-93 - Land Use Plan Amendment to Low Density Residential for property located at 714 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Logemann LUP 93-03) The City Attorney presented Ordinance #5369-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5369-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #22 - Ord. #5370-93 - RS-6 Zoning for property located at 714 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Logemann A93-01) The City Attorney presented Ordinance #5370-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5370-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #23 - Ord. #5371-93 - Annexation for property located at 716 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Parker A93-04) The City Attorney presented Ordinance #5371-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5371-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #24 - Ord. #5372-93 - Land Use Plan Amendment to Low Density Residential for property located at 716 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Parker LUP 93-07) The City Attorney presented Ordinance #5372-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5372-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #25 - Ord. #5373-93 - RS-6 Zoning for property located at 716 Bayview Ave., part of Sec. 16-29-16, M&B 32.03, 32.04, approx. 0.60 acre (Parker A93-04) The City Attorney presented Ordinance #5373-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5373-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #26 - Ord. #5379-93 - Annexation for property located at 1400 Regal Rd., Solar Crest Sub., Lot 1, approx. 0.20 acre (Forgacs A93-08) The City Attorney presented Ordinance #5379-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5379-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #27 - Ord. #5380-93 - Land Use Plan Amendment to Low Density Residential for property located at 1400 Regal Rd., Solar Crest Sub., Lot 1, approx. 0.20 acre (Forgacs LUP 93-10) The City Attorney presented Ordinance #5380-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5380-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #28 - Ord. #5381-93 - RS-8 Zoning for property located at 1400 Regal Rd., Solar Crest Sub., Lot 1, approx. 0.20 acre (Forgacs A93-08) The City Attorney presented Ordinance #5381-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5381-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #29-39) - Approved as submitted less #31 & #36. Agreements - Approved. ITEM #29 - Agreement with Pinellas County Sheriff to provide latent fingerprint examination and related services for the period 1/1/93-12/31/93 for $44,525.64 (PD) ITEM #30 - Agreement with the School Board of Pinellas County for the period 6/1/93-5/31/94 for the city to utilize county school buses at a cost of $.90 per mile plus $9.00 per hour for a total est. cost of $5,000 (PR) Bids & Contracts - Awarded less #31. ITEM #31 - See Page 15 ITEM #32 - Extension of contract with The Police Law Institute, Oakdale, Iowa, for the period 7/1/93-6/30/94, to provide a computer based State and Federal Law training program, for $24,000 (PD) ITEM #33 - Purchase of sulfur dioxide for the Water Pollution Control Division, from Van Waters and Rogers, Tampa, FL, for the period 6/1/93-2/28/94, at an est. $44,010 (PW) Citizens & Staff Requests - Approved less #36. ITEM #34 - Approval of RFP to solicit responses from social service agencies interested in competing for City social service funding of $62,000 for FY 1993-94 (HM) ITEM #35 - Authorization to file small claims action against Christopher Averbeck for damage to city property (CA) ITEM #36 - See Page 17 ITEM #37 - Appoint Commissioner Thomas as Clearwater's representative to the Tampa Bay High Speed Rail Task Force (CLK) Change Orders - Approved. ITEM #38 - C.O. to increase the authorized amount on Purchase Order #05229 by $187,600 due to high customer demand for new gas mains and services, resulting in a new contract total of $563,450 (GAS) Receipt & Referral - Received and Referred. ITEM #39 - Annexation, Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located at 2633 Harbor Circle, Hill-Top Sub., Lots 8 & 9, 0.33 acres m.o.l. (McNeill A93-09, LUP93-14)(PLD) Commissioner Deegan moved to approve the Consent Agenda as submitted less Items 31 and 36 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed from 8:01 p.m. to 8:15 p.m. ITEM #31 - Approval of letter of intent with Pinellas Private Industry Council (PIC) to establish a public/private partners job program for 130 Clearwater residents for $158,800 (Clwr Summer Youth Employment Program)(HM) This program was begun last year and was placed in the budget again for this year. The Private Industry Council will hire, pay and place teenagers in private sector jobs. The youth will be employees of the Private Industry Council with a work site at a private business. This allows the PIC to pay for workers' compensation insurance and other employee cost, such as payroll expenses. The plan is to place 130 youth in private sector jobs citywide. The jobs will have 30 hour work weeks and will last from June 21 through August 6, 1993. Targeted ages will be 17 to 23 year olds and targeted areas will be Greenwood and Condon Gardens. At least 26 of the youth will be from low to moderate income families. Fifteen of the youth will be Clearwater Youth Builders' participants and identified as at-risk students enrolled in a Pinellas County school. The Chamber of Commerce is helping to identify jobs from the private sector. All participants will be involved in career exploration activities and employability skills workshops provided by the PIC. This program differs from the Federal and State summer youth programs in that those funds can only be used in government or non-profit agency jobs. Commissioner Thomas expressed concerns regarding why Ervin Harris of Ervin Harris's All American Youth Club, had not been a part of the program. The Mayor indicated that the PIC already has staff on line to fulfill these functions. Eleanor Breland, Human Relations Director, indicated the City's program will try to emphasize older youth, 17 to 23 years old. She stated 120 jobs have been developed mainly with one youth per employer but those employers with multiple job sites may have more than one student. The Mayor stated that hopefully this would include a mentoring program and Ms. Breland indicated that is the reason for the one on one ratio. In response to a question, Ms. Breland indicated that PIC will be responsible for workers' compensation and they have the capacity to put the youth on the payroll. Ms. Breland indicated applications will be at the North Greenwood substation, Martin Luther King Recreation Center and the recreation centers in all 3 of the targeted communities. Intakes will occur in Greenwood and at Condon Gardens. Commissioner Deegan requested that included in the letter of agreement be a formal survey of the employers. Ms. Breland indicated a survey is planned for both the youths that are participating as well as the employers and it was anticipated this would be done in the middle of the program. Commissioner Deegan expressed concerns regarding it being done in the middle of the program as the experience would not be complete. Ms. Breland indicated the survey could be done in the last week and this was acceptable. Mayor Garvey expressed appreciation to the Chamber of Commerce for helping to line up the businesses that would hire the students. Ervin Harris, representing Ervin Harris' All American Youth Club, thanked the Commission for their continued support. He stated the Youth Club wanted to offer youths a future and in a letter explained their proposal, however, they received no response. He felt that as they are good as what they do, they should have been at least been used in the decision making process. He stated soon there would be a press release regarding a statewide effort for a jobs program. He expressed concern regarding always being used in a reactive mode in the North Greenwood area and stated he wished to be pro-active. He complained that the Youth Club was not even a site for interviewing the youth to be considered for this program. He stated the Youth Club wanted to serve 15 children. He emphasized their program has been presented to groups in Atlanta and Chicago and that they want to try to duplicate the program in their towns. He asked why the City would not take advantage of their expertise of the area. Asheela Harris questioned from where the money came and what stipulations were attached to it. The City Manager responded that the funds are from the City's General Fund and there are no restrictions. Ms. Harris indicated that people in the community are not aware of how government works. She stated the children are concerned regarding whether or not the program will be available to them. She stated Ervin's All American Youth Club is going to make sure that these youth have jobs. Mr. Harris indicated he loved challenges and he considered this another challenge. He requested they be given an opportunity to include the 15 youth in the program. Commissioner Thomas stated he supported what the City and Ms. Breland are doing however, he was disappointed in them not communicating with Mr. Harris. Commissioner Thomas questioned Mr. Harris' proposal stating the $40,000 requested was for infrastructure with no money to support the jobs for the youth. Mr. Harris stated that they had not specifically submitted anything other than the request for the 15 jobs. The Mayor expressed concern that the program had not been set up and Mr. Harris indicated it was ready to go. Mr. Harris indicated that the $40,000 requested was for a year long program and the Commission should discount that budget and only consider 15 youth for the 7 week program through the City. He emphasized their program would be training the youth in how to obtain and hold a job. Commissioner Thomas asked that Mr. Harris meet with staff and to pilot test the concept. He stated he did not wish to derail the City's program and that all the talents in the area should be used. Mayor Garvey stated there have been meetings in the community and there are several groups in that community that are not working together. The City Manager asked Mr. Harris what dollars he had in mind and he stated he did not have a figure in mind and he had come to the Commission for a response. Consensus of the Commission was for Mr. Harris to work with Ms. Breland to see how his proposal could fit into the program. Commissioner Thomas moved to approve a letter of intent with Pinellas Private Industry Council in the sum of $158,800 to establish a public/private partners job program for 130 Clearwater residents and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #36 - Approve proceeding with RFP re: recycling (CM) The City Manager has recommended that an RFP, which would provide for bids for privatization of the recycling program, as well as a bid from city employees, be developed. Commissioner Thomas expressed concerns regarding the way in which the information was provided, indicating it had come in three separate packages. The City Manager agreed the information would be better if presented in one package and requested the item be continued for two weeks. Commissioner Thomas moved to continue this item to the next regularly scheduled meeting of June 3, 1993. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #40 - Tom Sehlhorst address Commission Mr. Sehlhorst reviewed the history of his property stating the Code Enforcement Board has fined him for renting of bicycles and the City's Building Department has stated that buildings are unsafe and he can only "store air" in one of the buildings. He stated several tenants have been asked to leave the structures. He stated he spoke to Mr. Wright but he got no relief. He stated investigation of his property has cost the City $3,000 to $4,000 in employee time. He stated he is now under orders to either repair or demolish the buildings. He produced a police report regarding the crime in a 3 to 5 block radius of this property. He stated he has been told that the Building Department is using him as an example. The City Manager asked Mr. Sehlhorst what he wanted the City to do. Mr. Sehlhorst indicated he wanted to trade the error in the City's road being on his property for his error in the buildings. He stated his property has been vandalized 88 times. The Mayor stated the buildings were built without permits. Mr. Sehlhorst indicated a building had burned down and that he had tried to get permits but was not allowed to have them. He also stated a remodeled building was not allowed. He stated that if the CG zoning that had been in place when he purchased the property had been left, he would have been allowed to have these buildings. He stated that when he changed from a used car establishment to a bicycle shop, he lost his grandfathering. Commissioner Thomas questioned whether or not any of the buildings on the property were worth keeping. Mr. Sehlhorst stated the buildings indicated on a handout as A, B, C & D, were rebuilt or repaired and had Certificates of Occupancy issued. It was determined that building F was too close to the line and it was built without a permit. Commissioner Thomas asked Mr. Sehlhorst if he was willing to demolish this building and he stated he did not wish to do so. Mr. Sehlhorst indicated building M was demolished 2 days ago and that with building L, the City had rezoned the property from commercial to residential. He had had a lawn service in the house. Commissioner Thomas stated that the problem was the change of zoning but that Mr. Sehlhorst had broken the law because he couldn't do what he wanted to legally. Mr. Sehlhorst indicated drug dealers had burned down a 3 story house on the property and when he went to get a permit for a garage, he was told he could not have the garage unless he built a house. It was also found that everything was too close to the line. Commissioner Thomas questioned why he built without a permit and Mr. Sehlhorst said that the garage was the only thing that would survive on this property. In response to a question, Jim Polatty, Planning and Development Director, indicated the City had changed the zoning from commercial to residential. Mr. Sehlhorst indicated when he changed the use on the property, he lost his grandfathering. Commissioner Thomas questioned what was unsafe regarding the structures. Mr. Polatty indicated the structural supports are not adequate for the windload. Commissioner Thomas questioned building L, stating that forgetting the setbacks that if the City told Mr. Sehlhorst to bring the building up to code, would he be willing to do so. Mr. Sehlhorst indicated he would. It was determined that the only buildings with problems are buildings L and F. Mayor Garvey pointed out that the Development Code Adjustment Board had denied a variance of 12 parking spaces. Mr. Polatty indicated staff was trying to resolve these issues but that parking depends on the use and it was difficult to determine the number of parking spaces required. Commissioner Thomas expressed concerns regarding this being a high crime area and the best thing to do is to get people working there. Mr. Sehlhorst indicated that Vic Chodora, Building Official, had argued against the granting of his parking variance before the Development Code Adjustment Board. Discussion ensued regarding whether or not the property would be rezoned and if when the property is rezoned in July, whether or not that would solve the problems. The City Manager indicated the rezoning would be to commercial infill and that would not solve the parking problem or the setback problems. It was stated Mr. Sehlhorst would have a right to request a variance. Mr. Sehlhorst indicated he had 8 vacant lots but they can not be used for parking. Commissioner Berfield questioned the unsafe structure of building F stating it was indicated a demolition permit had been applied for and whether or not demolition was anticipated. Mr. Sehlhorst indicated it was not. Commissioner Berfield questioned if building F were demolished, whether or not Mr. Sehlhorst could meet the parking code and the Planning Director indicated it would depend on the use that occurs in the building. Commissioner Deegan questioned whether or not there was some way the vacant property could be used for parking. Mr. Polatty indicated he had asked Mr. Sehlhorst regarding any vacant land that could be used and Mr. Sehlhorst had never told Mr. Polatty about the 8 lots. Mr. Sehlhorst explained the reasons why the properties could not be used for parking including them being divided from the property by other rights-of-way and them being zoned inappropriately. Commissioner Thomas questioned whether or not removal of building F would solve some of the parking problems. Again, Mr. Polatty indicated this was asked several months ago but that it would depend on what use is placed in the building. Discussion ensued regarding whether or not the Commission should or could over rule the Development Code Adjustment Board's denial of the parking variance. Mayor Garvey indicated the Commission wanted this to be an independent board. Mr. Sehlhorst stated he would like an opportunity to make building L safe and that with the zoning change, he would request a variance or buy the property behind it. Commissioner Thomas questioned the City Manager regarding what would solve the problem. Mr. Wright indicated Mr. Sehlhorst would have to tear down the buildings as permits can not be issued for them. Commissioner Thomas questioned what automatic relief would be provided when the zoning changes and the City Manager indicated that some of the parking considerations would be resolved but not the setback violations. The Mayor stated the point was that Mr. Sehlhorst had built these buildings without permits. Commissioner Thomas indicated he wished to resolve the issue. Commissioner Berfield agreed to a point but she stopped short of allowing circumvention of the rules. She stated the major issue was that Mr. Sehlhorst chose to construct these buildings without a permit and he is now paying the price. His choice is to go to the hearing officer. The Planning Director indicated the order has always been that the buildings be repaired or demolished and that Mr. Sehlhorst could move a wall off the setback. Commissioner Thomas moved to recommend to staff to work with Mr. Sehlhorst to solve the problem to the best of the ability within the code. There was no second. The City Manager indicated he felt staff has attempted to do that. Commissioner Deegan questioned an offer from Deputy City Manager Rice that one person be assigned to walk through the process with Mr. Sehlhorst. It was indicated this was done but that two people were assigned, those being Tom Chaplinsky and Steve Doherty. Commissioner Deegan asked Mr. Sehlhorst if he would be able to work with these individuals and Mr. Sehlhorst indicated he would. The meeting recessed from 10:28 p.m. to 10:36 p.m. ITEM #41 - Res. #93-29 - authorizing City Manager to act as City's agent authorized to execute Public Assistance documents and agreements necessary to apply for and receive public disaster funding for the March 13, 1993 so-called "Storm of the Century" (EM) On March 13, 1993, a severe storm struck the Florida West Coast. The "no-name" storm, dubbed the "Storm of the Century" caused more than $300,000 in reportable damage to Clearwater in terms of damaged city equipment and facilities, increased personnel and other operational costs. A Presidential Disaster Declaration was made following the storm, making all of Pinellas County, among others, eligible for Federal Disaster Assistance. On March 19, the City filed a Notice of Interest, indicating the City of Clearwater intended to apply for reimbursement of those costs incurred because of the March 13th storm. Following this official notice, the Federal Emergency Management Agency (FEMA) inspection team, working with the City's Emergency Services Coordinator and other city staff, filed 12 Damage Survey Reports (DSR's) totalling $315,602. If all DSR's are approved for reimbursement, the City could recover as much as $237,000 from the Federal government (75%) and $39,000 from the State (12 1/2%). The State has advised that a Disaster Relief Funding Agreement approving reimbursement of Clearwater's storm costs is ready for execution by the City's authorized agent. A resolution designating the City Manager as the applicant's (City's) agent is necessary to allow the execution of the Disaster Relief Funding Agreement with the State and FEMA and enable execution of follow-on funding documents. The City Attorney presented Resolution #93-29 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-29 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #42 - Rules re: Commission Travel At worksession May 17, Commission consensus was to amend its Travel Policy (CC-2) to incorporate, with some modification, item (3) as referenced on the May 6, 1993 memo from Commissioner Thomas to Mayor Garvey. Item (1) of the policy, as amended, is changed to reference the new code chapter as republished. Commissioner Fitzgerald questioned whether or not there would be reimbursement for meals. It was stated that at the worksession the Commission stated it would follow state law which does include meal reimbursement. Mayor Garvey expressed concern regarding the annual trip to the Philadelphia Phillies and asked that it be added on to the exceptions. Commissioner Deegan questioned what the trip cost and the City Manager indicated approximately $500 per person. The Mayor indicated she felt the trip was important from the viewpoint of the dollars brought into the community by the Phillies. Discussion ensued regarding whether or not this should be approved individually or automatically included in the budget. Commissioner Fitzgerald questioned when the Manager prepared the Commission's travel budget how he determined the amount to place in the budget document. The City Manager indicated he used historical dollars, in other words, the money that had been used in previous years. Commissioner Thomas expressed concerns that in the budget the Commission portion is $127,000, $75,000 of which is not salary. The City Manager indicated this amount includes direct contributions to other agencies. Commissioner Thomas indicated this was a policy issue regarding when Commissioners go out of state whether or not the Commission should approve that travel. Commissioner Berfield moved to add the annual Phillies trip to the exceptions in the policy. The motion was duly seconded. The Mayor also questioned whether or not the National League of Cities conference could be one of the exceptions even when it is outside the State of Florida. Commissioner Thomas stated the purpose was to tighten Commission expenses. The Mayor expressed concerns that if the trip was not in the budget, the monies would have to be found. It was stated the historical dollars are based on two Commissioners going to the National League of Cities conference. Commissioner Berfield withdrew her motion. Commissioner Thomas stated he is not trying to stop going on trips but just setting a policy that the Commission approve of those trips. Commissioner Deegan moved to approve amending Policy CC-2 in Item 1, delete Chapter 27 and insert Chapter 2 Administration, Article IV; and inserting Item 2 stating: Any travel outside of the Tampa Bay area by the Mayor or Commissioners for any City business where the City pays the cost must be approved by the majority vote of the Commissioners. The only exceptions to this rule are the Florida League of Cities and, when held in Florida, the National League of Cities conferences. The motion was duly seconded. The Mayor questioned reasonable costs for expenses for travel within the City stating there was a policy that said these could not be reimbursed. The City Clerk indicated the policy had been amended to state that the Commission would follow the City's travel code and did not specifically prohibit reimbursement for travel within the City. The City Attorney indicated the City Charter does say that the Commission would be reimbursed for actual and necessary expenses in their duties. Upon the vote being taken; Commissioners Fitzgerald, Berfield, Deegan and Thomas voted "Aye", Mayor Garvey voted "Nay". Motion carried. In response to a question, it was indicated the policy would go into effect immediately. ITEM #43 - Ramp at City Hall The Commission had directed staff to expedite automatic doors and a ramp for the disabled at City Hall. The recommendation had been to place the ramp in the front of the building with disabled parking spaces in the front parking lot on the south side. William Baker, Public Works Director, indicated there has been a rethinking of the project and it is now felt that the best place for the ramp would be on the north side of the building with disabled parking spaces accessible to that. He stated the handicapped ramp would allow access to the front of the building with a small ramp up the last two steps of City Hall. Commissioner Thomas questioned whether or not the ramp at the back entrance could be used with no change. The City Manager indicated a change would be needed to that ramp. It was stated the question was whether or not the disabled access should be at the front or back of the building. Commissioner Thomas expressed concerns regarding people tripping on the ramp if it is at the front. Mr. Baker indicated this would not be the case. Commissioner Thomas questioned whether or not a walking person could access the building from the north and it was indicated they would be able to do so. Commissioner Deegan stated he was not in favor of having the disabled access to the building in the back. The City Manager stated the current approval is for a ramp in the front of the building and he requested the Commission amend their direction. Commissioner Thomas moved to build the disabled ramp at the north end of the City Hall building, to relocate the disabled parking spaces for the entire site to the north end of the building and to build a L-shaped structure that will accommodate disabled patrons the last two steps into the main building and to make the necessary door structure changes and budget amendments as appropriate. The motion was duly seconded and carried unanimously. ITEM #44 - First Reading Ord. #5387-93 - revisions to Ch. 52 re: tree protection & Res. #93-32 - revising schedule of fees for tree removal permits (PW) Staff requested this item be continued to the June 3, 1993 meeting. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of June 3, 1993. The motion was duly seconded and carried unanimously. ITEM #45 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #46 - Res. #93-28 - Correcting scrivener's error in Res. #93-13 re: DOT subordination of utility interests agreements The City Attorney presented Resolution #93-28 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-28 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #47 - Other City Attorney Items - None. ITEM #48 - City Manager Verbal Reports The City Manager announced bids for the purchase of the Sun Bank Building would be opened at 12:15 p.m. on 5/21/93. ITEM #49 - Other Commission Action Commissioner Berfield requested the status of the Sun Bank management company bids. The City Manager reported they were to be opened on 5/21/93 at 4:00 p.m. She reported she had attended a Cable Seminar and felt issues needed to be discussed prior to Vision Cable renegotiation. This was scheduled for 6/28/93 Worksession. Commissioner Deegan requested that both sides of the paper be used when making copies. He requested the Commission express opposition to the Energy Tax due to its impact on local government and its citizens. Consensus was to do so and to fax it if necessary. He requested and received approval to go to an Economic Development Conference in Sarasota. He requested the issue of the City Attorney Office audit be resolved. This was scheduled for 6/3/93. Mayor Garvey requested and received approval to go on the Annual Phillies Trip. Commissioner Fitzgerald requested an answer to his request for information regarding why no bids for the Maas Brothers property were received. ITEM #50 - Adjournment The meeting adjourned at 11:25 p.m.