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07/01/1993 CITY COMMISSION MEETING July 1, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, July 1, 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 Scott Shuford Planning Manager 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 Public Works Director William C. Baker. 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 - none. ITEM #4 - Introductions and Awards - none. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of June 17, 1993 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of June 17, 1993, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Jim Doran read a letter criticizing the investigation of an incident involving his son, former Police Officer Russ Doran, into the record. Brian Morris compared the City and County bidding process for fire hydrants indicating the County receives lower prices. Steve Saliga expressed concern regarding constant increases and requested tax values be maintained at the level they are when age 65 is reached. He requested consideration of a memorial to all veterans. Mayor Garvey pointed out there is a veterans' memorial on the Bayfront and suggested staff look at its enhancement. Michael Frangedis requested a temporary exception to allow outdoor displays on the beach indicating these restrictions are crippling businesses. Mayor Garvey pointed out this would require an ordinance change and asked direction from the Commission. Commissioner Thomas said he had met with the beach business owners and they would like a temporary modification of the ordinance until the Code Enforcement Review Task Force has studied the problem. Commissioner Fitzgerald indicated the Task Force is being put together to address these issues and may come to the Commission with recommendations. Mr. Frangedis stated they are being cited and ticketed for things they have done for 20 years. Commissioner Thomas stated the merchants on the beach feel their businesses are being harmed and by the time the Task Force comes to a conclusion, they will be out of business. Commissioner Berfield questioned whether there were people at the meeting that were in favor of enforcing the code. Commissioner Thomas indicated there were, with the meeting being well balanced in that regard. Commissioner Berfield felt if this was done for the Beach, it would have to be allowed throughout the City. Mr. Frangedis indicated displays occur downtown and at the Island Estates Publix. It was indicated outdoor display is allowed by the Code in the downtown. Scott Shuford, Planning Manager indicated outdoor displays are allowed as Conditional Use and Permitted Use in some zoning classifications. Commissioner Berfield stated alot of people are new to Clearwater Beach and therefore unfamiliar with Clearwater. She indicated many of the older business owners are not in favor of outdoor display. The majority of the Commission directed there be no temporary special exception for outdoor display on the Beach and that the Code be enforced throughout the City. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #5407-93, #5408-93 & #5409-93 - 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) The subject property is located one block east of US19, approximately 250 feet south of Sunset Point Road. The applicants are requesting annexation to obtain sewer service. They propose to construct a building just to the east of their existing structure. They also own two lots to the north across Harbor Circle, which are in the unincorporated area of the County. These lots are being used for outdoor vehicle display and an office, and this Petition for Annexation does not include these lots. The existing countywide future land use plan classification for the applicants' property, and the land to the north and east, is Residential/Office/Retail (ROR). At present, the City does not have this classification. Upon finalization of the Consistency Program, expected in August, ROR will be added to the future land use categories of the City. This category will permit CG and CH zoning districts. Staff recommends delaying second reading of the ordinance establishing the land use classification until after the ROR classification has been added to the City Code; this would allow the ordinance to be revised to reflect a ROR classification for the applicants' property, thus eliminating the need for Pinellas Planning Council review and saving the applicants a substantial amount of time in completing the annexation. At their meeting of June 15, 1993, the Planning and Zoning Board endorsed the proposed annexation, future land use plan amendment of ROR and CG zoning. Planning Manager Scott Shuford requested authorization by the Commission for the issuance of a sewer connection letter by the Public Works Director. Glen McNeill, applicant and owner, said the request would accommodate his car dealership that employs 33 workers. Commissioner Berfield moved to approve annexation, a land use plan amendment to Commercial/Tourist Facilities and CG zoning and authorization for issuance of a sewer connection letter by the Public Works Director for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5407-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5407-93 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 #5408-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5408-93 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 #5409-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5409-93 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 #9 - Public Hearing & First Reading Ords. #5404-93, #5405-93 & #5406-93 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property located at end of Calumet St., Sec. 1-29-15, M&B 34.27 and part of M&B 34.35 and Sec. 12-29-15, part of M&B 21.01, 5.75 acres m.o.l. (Instrument Transformers, Inc. A93-06, LUP93-08)(PLD) The subject property is located along the north right-of-way line of the Seaboard Coast Railroad, approximately 1,180 feet west of Hercules Avenue. The applicant requests annexation to facilitate the development of the subject property consistent with his expansion plans. The applicant's priority is for the construction of a building on the parcel being annexed under case number A93-16. The applicant plans to submit an amended site plan to the City which includes the 5.75 acres to be annexed under this request in approximately three months. The applicant also owns adjacent property (the front portion of M&B 21.01, which fronts on Hercules Avenue). He has stated he does not want to annex this property at this time due to a pending sales agreement on the property. At their meeting of June 15, 1993, the Planning and Zoning Board endorsed the proposed annexation, future land use plan amendment of Industrial and IL zoning. Bill Johnson, applicant, said he has a total of 16 acres he wishes to develop over the next few years. In response to a question, Mr. Johnson indicated his intent is to annex all his property into the City. Commissioner Berfield moved to approve annexation, a land use plan amendment to Industrial and IL zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5404-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5404-93 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 #5405-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5405-93 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 #5406-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5406-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Mr. Shuford pointed out the applicant's expansion plans could create approximately 150 jobs. ITEM #10 - Alcoholic Beverage Separation Distance Variance for property located at 20505 US19N, Suite #2, Clearwater Mall, Sec. 17-29-16, M&B 32.01 & 32.02 (Clearwater Trust/Bay Restaurant Mgmt Inc/Fat Tuesday AB93-09)(PLD) The applicant is requesting a variance of 200 feet to permit a 4-COP alcoholic beverage establishment to be located zero feet from similarly licensed establishments within the Clearwater Mall shopping center. The subject property is a restaurant to be known as "Fat Tuesday" and is to be located at 20505 US19N, Suite #2 Clearwater Mall, the site of the former "Soup Exchange" restaurant. The distance separation variance is required because the subject establishment is proposed to be located on the same property as the existing Big Easy Cajun, Frank & Stein, and Skippers Ice Cream & Eatery alcoholic beverage establishments. The property is within the area now zoned CC district. No additional parking facilities are needed. The applicant intends to share the existing 4,572 parking spaces at the Clearwater Mall. The Police Department has no objections to this use. At their meeting of June 15, 1993, the Planning and Zoning Board approved the conditional use permit for the 4-COP alcoholic beverage license with the following conditions: 1) the requisite occupational license shall be obtained within six months of the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; and 3) the applicant shall obtain the necessary alcoholic beverage separation variance from the City Commission. In response to a question, Mr. Shuford indicated the subject establishment is a separate building in the northwest corner of the mall property. Wes Turner, representing the applicant, said the establishment will incorporate a bar and restaurant concept. Julie Kendis, attorney representing Clearwater Mall, said the mall supports the application. Commissioner Thomas moved to approve a variance of 200 feet to permit an alcoholic beverage sales establishment within zero feet from similarly licensed establishments for the subject property since the applicant has met all standards for variance approval. The motion was duly seconded. Commissioner Deegan raised the question on how a determination is made regarding whether or not there is an over concentration of alcoholic beverage establishments at this location. Mr. Shuford indicated a determination is made by overall use of the property and in this instance the similarly licensed establishments are internal to the mall shopping center. There was discussion regarding what the percentage of concentration was in this area and Mr. Shuford said he felt it was well under Northwood Plaza percentages. Commissioner Deegan asked if staff had a definition for "over concentration," and Mr. Shuford responded staff did not. Commissioner Deegan referred to the variance worksheet standards indicating the same answer is being given to prove both standards. He questioned whether a zero variance is the minimum. Mr. Shuford felt it was a minimum due to the way "separation" is defined in the ordinance. Commissioner Deegan referred to information listed on the application and questioned how the application would be handled under the suggestions made at the work session on Monday. Mr. Shuford said staff has proposed a provision that would allow COP uses within a shopping center as a permitted use up to a certain cap. He said concern was expressed regarding COP uses for establishments other than restaurants. He felt Fat Tuesday would not qualify under the definition of restaurant. Commissioner Thomas asked that staff provide information on future variance items on how the request would fit under the proposed changes to the alcoholic beverage code. Commissioner Berfield questioned if the proposed alcoholic beverage code takes into consideration establishments surrounding the shopping center. Mr. Shuford indicated it does and this business would still qualify. The City Attorney referred to an establishment on Clearwater Beach that did not receive an alcoholic beverage distance separation variance which may result in litigation. He said the Commission needs to determine if they are being consistent in their decisions regarding alcoholic beverage distance variances. Upon the vote being taken, the motion carried unanimously. ITEM #11 - Declaration of Parcel No. 481 along C.R.611 (McMullen Booth Road) as surplus, approval of deed for r-o-w to Pinellas County & Res. #93-08 authorizing execution of an agreement for relocation of city utilities (PW) The City Manager said Pinellas County is requesting a continuance. Public Works Director Bill Baker said staff is requesting some additional work be done by the County in exchange for the property. Commissioner Thomas suggested including the county owned land along Harbor Drive abutting the Pinellas Trail in the deal. He indicated this land could be used for infill housing. Staff is to approach the county regarding this exchange. Commissioner Berfield moved to continue this item to the regularly scheduled meeting of July 15, 1993. The motion was duly seconded and carried unanimously. ITEM #12 - 19th year CDBG Final Statement and objectives for FY 1993-94 (PLD) Commissioner Berfield moved to continue this item to the regularly scheduled July 15, 1993 meeting. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5400-93 - Relating to cemetery; amending Sec. 11.03, amending provision re: payment of staking fee The City Attorney presented Ordinance #5400-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5400-93 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. #5410-93 - providing for a local housing assistance partnership program, its required advisory committee and a trust fund (Clwr State Housing Initiatives Partnership (SHIP) Program) The City Attorney presented Ordinance #5410-93 for second reading and read it by title only. Commissioner Deegan pointed out additional changes in order to accommodate amendments made at first reading. Commissioner Deegan moved to amend Ordinance #5410-93 on page 7, section VI, H, change "Community Development Division of the Planning and Development Department to "City Manager"; on page 7, section VI, I, after the word "recommend" add the words "to the City Commission"; and on page 8, section VI, paragraph M, second line, after the words "shall make" add the words "to the City Commission". The motion was duly seconded and carried unanimously. Commissioner Deegan moved to pass and adopt Ordinance #5410-93 as amended 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 ITEM #15 - Preliminary Site Plan for Bayside Arbors located E of Seville Condominiums; request for transfer of development rights (Mazur, Jr.)(PLD) The applicant proposes to construct a 224 dwelling unit apartment complex with two and three story buildings on a total of 21.975 acres of vacant property having a heavy concentration of native trees. Most of the upland property has a land use plan classification of Medium Density Residential, with a zoning designation of RM-12. This property is restricted to a maximum of ten dwelling units per acre by City Ordinance #4917. The site also includes a .285 acre parcel having a land use plan classification of High Density Residential and RM-28 zoning. There is a 19.262 acre area of submerged land located in Tampa Bay with a zoning designation of Coastal Aquatic Lands, but this area is not being counted for density purposes. The site plan data is based on the numerical and dimensional requirements of the RM-12 zoning district, the most restrictive designation. The applicant is requesting a Transfer of Development Rights (TDR) from the RM-28 parcel (.285 acres) across the High Density Residential land use plan classification and RM-28 zoning district boundary line, to the adjacent RM-12 property located to the east; the transfer of density rights would add eight dwelling units to this section of the site. Section 42.06 of the code requires Commission authorization of such transfers. Proposed access to the site is from US19 via a shared ownership arrangement of Seville Boulevard, a private road, between the applicant and Clearwater Mall. The applicant is in the process of completing the purchase of Seville Boulevard; other properties accessed by the private road will have associated easement rights allowing their use of the road. With regard to the City's Concurrency Management Ordinance, the City's Traffic Engineer has approved a Traffic Impact Study prepared to address the impact of anticipated trip generation rates. Preliminary Site Plan conditions are: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the requisite building permits must be procured within one year from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three years of the date of certification of the site plan; 3) prior to certification, the Dumpster Requirement Form must be completed and returned to the City Sanitation Division; 4) prior to the issuance of a certificate of occupancy, all dumpsters/compactors must be visually screened, and gates must be provided with a minimum 12 foot clear opening to the front for access by sanitation trucks; 5) prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 6) prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be provided to Engineering Site Plan Review; 7) prior to certification, the final site plan must be signed and sealed by a professional engineer registered in the State of Florida; 8) handicap spaces must be adjusted to meet city standards; 9) parking stalls and/or driveways to be adjusted to meet the approval of the Traffic Engineer; and 10) prior to certification, documents showing the applicant's Seville Boulevard ownership and access rights shall be submitted to city staff. Planning Manager Scott Shuford said the applicant is requesting transfer of development rights for a small triangular portion of the property. He felt the applicant had done an excellent job in saving trees when designing the site. The site plan does not conform to the proposed tree ordinance; however is well under the current one. The City Manager pointed out a great deal of work still needs to be done and the final site plan would come back to the City Commission for approval. Commissioner Thomas asked what tree ordinance would be adhered to regarding this application as the new tree ordinance has not been adopted. The City Attorney indicated if the Commission wants to impose the new tree ordinance they may do so if they make that clear tonight. He felt the impacts of transferring development rights can also be considered. Timothy Johnson, attorney representing the purchaser and developer (ZOM Company) said the developer specializes in multi-family projects and builds to own and operate. He said the developer has received numerous awards and the subject plan is for mostly three-story buildings to save trees and to allow for more open space. He said they will be resurfacing and restripping Seville Boulevard and replacing signage on U.S. 19 according to code. He described the current plans for the development of the site indicating they are under contract to purchase the property to the South and will be coming forward with a site plan for that property as another phase of the project. Mr. Johnson said they met with representatives from the homeowner associations on June 16th to explain their plans, to solicit input and are continuing discussions to resolve concerns. He said he has no problem with staff recommendations and will comply with the new tree ordinance as currently proposed. Commissioner Thomas said he appreciated the applicant's agreeing to conform with the tree ordinance and asked this be made part of the record. He raised a question regarding responsibility for Seville Boulevard and Mr. Johnson said access to and maintenance for the property is being addressed. Commissioner Thomas pointed out Seville Boulevard is a private road and the City is not responsible for its upkeep. There was discussion regarding the present condition of Seville Boulevard and it not having been built to City standards. Mr. Johnson stated discussions are occurring and the road may or may not be under ZOM completely. However, as this will be a rental project there will be an incentive to maintain it. The Mayor pointed out there was an agreement between the mall and the owners for public access. Mr. Johnson said he has heard the concerns and believes they can be satisfied. Eleanor Robert, resident of Seville, submitted a letter regarding the proposed development. She expressed concern the proposed development would destroy some of the rare and magnificent trees in the area. She said the private road, Seville Boulevard, was intended to serve the complex and was not designed to handle large amounts of traffic. She also cited environmental, auto pollution, devaluation and crime concerns due to this development. Mayor Garvey said the land use and zoning is there and the developer has the right to develop his property. Patricia Peters, resident of Seville, felt that the Seville complex had been piece-milled to death. She said the entire project needed to be reviewed to see what the impacts would be on the rest of the area, citing environmental concerns, and asked that the project be slowed down. She also expressed concern regarding traffic hazards on Seville Boulevard. She said there were many complex problems to be addressed and encouraged the developer to work with the residents. Commissioner Thomas raised a question regarding environmental issues, and Mr. Shuford said multiple permits from various agencies are needed and all recognize this is an unusual piece of property. He said the City's tree and landscaping requirements will help to preserve the unusual scenic beauty of the site. In response to a question, Mr. Johnson indicated fencing on the property will be of aluminum construction with an appearance of wrought iron and the dumpsters will be screened in accordance with code and they will work with staff on this. Mr. Johnson said the development will be an upscale, attractive rental project. Commissioner Fitzgerald felt continued conversations with the residents would be beneficial. Mr. Johnson indicated they have a continuing dialogue. In response to a question, Mr. Johnson indicated the one bedroom units would be approximately 600 square feet and the three bedroom units approximately 1400 square feet. Ms. Roberts said she was not aware of any representatives from the homeowner associations meeting with the developer. Bob Meanan, resident of Seville, said he was the one appointed as the Seville representative. He stated the conversations regarding the development have been documented and posted in all buildings except #12. The material was not posted in #12 as they have chosen not to belong to the association. Commissioner Berfield felt the road condition including the conflict between young and old drivers needed to be addressed. Mr. Johnson said Seville Boulevard will be looked at to see how to improve the present situation. Commissioner Thomas moved to authorize the requested Transfer of Development Rights (TDR), authorize the DRC to review the preliminary site plan (including the TDR) and return the plan to the Commission for final approval and to develop the property in accordance with the new tree ordinance as currently written. The motion was duly seconded and carried unanimously. ITEM #16 - Demolition of old and dangerous bridge sections Kisinger Campo & Associates, Inc., Engineers, advised the City of a dangerous situation relative to the westernmost sections of the Old Clearwater Harbor Bridge and recommended they be removed. The bridge sections are dangerous both from a pedestrian viewpoint and from a boat-in-the-water perspective. The environmental section of the Public Works Department has obtained emergency-type removal permits from all necessary parties. Three bids for the work have been obtained. They are: Date Received Contractor Amount 5/21/93 The Hardaway Company $112,500.00 5/26/93 Hendry Corporation $350,000.00 6/03/93 Inter-Bay Marine Construction $390,000.00 The Hardaway Company is currently the City's contractor for the Big Pier 60 Project and is already mobilized in Clearwater. The actual contract is a "cost plus" agreement with a total amount not to exceed $112,500. A three week time extension will be added to the Big Pier 60 Contract in a subsequent Change Order to that contract. The third quarter FY 1993/94 Budget Review will include an amendment to provide $72,500 out of the $123,075 balance available in the Bridges, Docks and Seawalls R&R Capital Improvement Project and $40,000 out of the $87,000 balance available as of June 15, 1993, in the Clearwater Pass Bridge Monitoring Capital Improvement Project for this newly issued Old Clearwater Harbor Bridge Removal contract. After the bridge sections are removed, a change order may be required to replace seawall sections. Determination of need can only be made subsequent to the removal of the bridge sections and examination of remaining structures. The City Manager said the City has had difficulty in the past obtaining permits to remove the old bridge sections on the east end of the causeway. He said under the emergency permits obtained to remove the subject bridge sections, he would like to include the bridge sections on the east end of the Causeway. In response to questions, Bill Baker said the sections would be removed immediately due to the emergency condition and once removed the need for fencing will be eliminated; the concrete material taken down will go to the county reef and the condition of the seawall will not be known until the sections are removed. Mr. Baker indicated repair of the seawall was not part of this project; and if in need of repair, he did not feel it would be significant. Commissioner Deegan moved to award a contract for the demolition of the two westernmost sections of the Old Clearwater Harbor Bridge to The Hardaway Company for an amount not to exceed $112,500. The motion was duly seconded and carried unanimously. ITEM #17 - (Cont. from 5/20/93 & 6/3/93) First Reading Ord. #5387-93 - revisions to Ch. 52 re: tree protection & Res. #93-32 - revising schedule of fees for tree removal permits (PW) Commissioner Berfield moved to continue this item to the regularly scheduled July 15, 1993 meeting. The motion was duly seconded and carried unanimously. The meeting recessed from 8:10 p.m. to 8:21 p.m. ITEM #18 - Other Pending Matters a) (Cont. from 6/28/93) Long Center Board of Directors - 1 appointment Commissioner Thomas moved to appoint Gary Giordano. The motion was duly seconded and carried unanimously. b) (Cont. from 6/28/93) Center Foundation Board of Trustees - 1 appointment Commissioner Thomas moved to appoint Joanne Faruggia. The motion was duly seconded and carried unanimously. c) (Cont. from 6/28/93) Clearwater Neighborhood Housing Services - 1 appointment Commissioner Fitzgerald moved to appoint Howard Groth. The motion was duly seconded and carried unanimously. Commissioner Deegan referred to a letter from Isay Gulley asking for a City employee or Commission representation on the CNHS. During previous discussions, the Commission found this to be inappropriate. Commissioner Deegan requested Ms. Gulley be responded to regarding possible conflicts in having staff or Commission serving on this board. d) (Cont. from 6/28/93) Marine Advisory Board - 2 appointments Commissioner Berfield moved to reappoint Bill Stephan. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to appoint Donald McFarland. The motion was duly seconded and carried unanimously. e) (Cont. from 6/28/93) Airport Authority - 1 appointment Commissioner Thomas moved to appoint Steve Saliga. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #19 - Ord. #5412-93 - Vacating E 1' of 7.5' drainage and utility easement lying along W side of Lot 296, Morningside Estates Unit 3 B (Osorio V93-04) The City Attorney presented Ordinance #5412-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5412-93 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 #20 - Other City Attorney Items a. Ordinance #5434-93 - Proposed Ordinance regarding residency requirements for advisory boards The City Attorney said the proposed ordinance will establish a rule providing for the qualifications and the appointment of members of the City boards and committees. Mayor Garvey indicated there may be complications because certain boards are established by state laws. The City Clerk said she has contacted all department directors regarding the advisory board liaisons to find out the impact of the ordinance and there are some boards, such as the Gas Fitters Examining Board, that require staff to serve. She said the Community Relations Board allows two non-City residents because the Community Relations Division covers more of the county than just Clearwater. She said this board also requires a law enforcement representative who has traditionally been a police officer. The City Clerk said there are other boards that require employees and some are non-residents. She questioned whether those individuals not required by law should continue to serve out their terms if the ordinance is adopted. Mayor Garvey questioned whether more time was needed to research the various boards' requirements. Commissioner Berfield suggested amending the ordinance by adding a section saying this ordinance shall apply to all boards the City has authority over and allowing members presently serving to serve out their terms. If necessary, it can be amended again at second reading. There was discussion regarding requirements for various boards and it was felt the issue should be delayed until definitive information regarding boards and their establishing legislation can be provided. Mayor Garvey said the issue is alot more complicated and felt staff needed time to research and put the information together. She said the intent is to have City residents on the advisory boards; however, she said there needs to be flexibility for those boards that have special circumstances. Commissioner Thomas asked for a deadline of two weeks to receive an ordinance for first reading. Commissioner Deegan said other issues to be addressed included the number of concurrent terms, no more than one person serving concurrently on more than one board and ex-officio members. The City Clerk said the Commission's past practice was to not have individuals serve on two boards established by City ordinance. Individuals are allowed to serve on a regular City Board and a Task Force or AdHoc Committee. Commissioner Deegan felt this was a good way to make a distinction. Discussion ensued in regard to the 17-22 age requirement for an ex-officio member of the Community Relations, Beautification, Parks & Recreation and Library Boards. The City Clerk responded this did not prevent someone in this age category from being appointed; having an ex-officio member in this age bracket allowed a student to get involved. Commissioner Deegan considered youth on some boards to be beneficial and felt an appointee from this age group on these boards should be required. The Mayor felt Commission policy to maintain a balance of race, gender, sex, age, etc., on boards should be included in the ordinance and a specific age group should not be spelled out. Commissioner Deegan preferred to leave reference to a specific age group in the ordinance. Commissioner Berfield said the intent to have young people serve was good; however, she felt they should be at least voting age. In response to Commissioner Thomas' question, it was indicated there is no requirement for board members to be registered voters and he felt it was a good idea to get young people involved. Discussion continued in regard to the specific age requirement and Commissioner Deegan said he has not seen anyone in this age group on any of the boards. The Mayor reiterated her request to have the policy of balancing the boards included in the ordinance. She questioned whether there was something magic about the number "22" and it was indicated the age group of 17-22 describes college age students. There was discussion regarding changing the age requirement from 17 to 18, taking out the words "ex-officio" and allowing the member in the 17-22 age bracket to vote. It was pointed out the age requirement of 17-22 applied to only one member of certain boards. Commissioner Deegan felt the City should do its best to involve young people in City government. The Mayor agreed but believed a specific age group should not be a requirement. Commissioner Deegan requested verification of the meaning of "ex-officio" under Roberts Rules of Order. The City Manager asked whether the Commission wanted to limit the boards to U.S. citizens and Commissioner Deegan did not feel this should be a requirement. It was noted citizenship has not been a requirement for City of Clearwater boards. The City Attorney is to draft amendments to Ordinance #5434-93 and will send them out to the Commission. ITEM The City Attorney advised the Commission of his desire to obtain advise on litigation regarding the American Association of Retired Persons, et al. v. City of Clearwater, et al. now pending in the U.S. District Court for the Middle District of Florida, Case No. 88-889-CIV-T-15B in a closed attorney/client session. ITEM #21 - City Manager Verbal Reports The City Manager reported he hoped to receive the proposal regarding the purchase of the parking garage and/or Bilgore property in conjunction with the Sun Bank tomorrow. Special meetings of the Community Redevelopment Agency and City Commission have been set for July 8, 1993, in order to take action if necessary. In response to questions, the City Manager responded the original proposal was received through a sealed bid process and only one bid had been received. He reported there is a void under the street at Myrtle Avenue and Laura Street due to sewer line failure and he will exercise his emergency authorization to have it fixed as quickly as possible. ITEM #22 - Other Commission Action a. Appointment of Florida League of Cities Voting Delegate Commissioner Berfield moved to appoint Commissioner Fitzgerald as voting delegate to the Florida League of Cities Conference on August 12-15, 1993, with Mayor Garvey as alternate. The motion was duly seconded and carried unanimously. b. City Commission Rules of Procedures The City Attorney presented Resolution #93-44 and read it by title only. Discussion ensued in regard to the scheduling of "Citizens to be Heard" and "Presentations" for both night time and day time meetings. The City Manager asked direction in scheduling presentations of special public interest. Commissioner Thomas said his concern was to not push citizens to the end of the agenda but he supported having them speak after the public hearings. Mayor Garvey requested if an item is not listed on the agenda, no action be taken. She asked that the two-week advance rule be followed in order to have time to digest the information regarding the item. Commissioner Thomas disagreed if brought forward by a board member and felt they should have the right to take action. Commissioner Deegan asked that a policy be set for 24-hour advance notice of items the Commission will be bringing up under "Other Commission Action" that may require action. Commissioner Fitzgerald said he took exception to the 24-hour rule as he was concerned this may eliminate citizen input. He said Commissioner Thomas imposed a two-week notice for staff and felt this should also apply to the Commission. He felt very strongly about the two-week advance notice to provide an opportunity to review the issue unless it was an emergency situation. Commissioner Deegan moved to establish the policy that, whenever possible, the City Commission give a 24-hour notice of any items they wish to bring up for action under "Other Commission Action." The motion was duly seconded. Commissioner Fitzgerald said he would support the policy if more information than just the title of the item to be brought up is given. Commissioner Deegan concurred. Commissioner Fitzgerald said he would like any item that is to be brought up by any member of the Commission to be provided to the City Manager for distribution. He found it to be beneficial to have staff's position regarding some items. He said he understood the concern regarding urgencies and felt these could be dealt with when presented. Commissioner Deegan did not feel all items brought forward under "Other Commission Action" required staff input. Mayor Garvey said her concern was in providing public notice. Commissioner Thomas found it inappropriate to have a full dissertation on items brought up under "Other Commission Action." Commissioner Fitzgerald objected to receiving an item at the end of a meeting requiring action to be taken. Commissioner Thomas asked what items Commissioner Fitzgerald was referring to and he responded there have been several instances when this has occurred. Commissioner Thomas said other than at the first meeting when he took office, he had given at least two weeks notice to the Commission when bringing items forward. Commissioner Berfield said she would support the 24-hour advance notice as long as there was exception. Upon the vote being taken, the motion carried unanimously. Commissioner Deegan moved to amend Resolution #93-44, in the title by adding the words "Special Presentations of Widespread Interest" before the words "Citizens to be Heard"; Rule 10, by reordering the agenda to include D. Special Presentations of Widespread Public Interest and to renumber the remaining subsections. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to amend Resolution 93-44, Rule 10, by adding after the words "order of business" the words "for a regular night meeting." The motion was duly seconded and carried unanimously. Commissioner Deegan moved to pass and adopt Resolution #93-44 as amended and authorize the appropriate officials to execute same. The motion was duly seconded. The City Attorney requested another amendment to Rule 10 on page 2 adding a new subsection (2) The order of business for a regular daytime meeting shall ordinarily be the same as for a regular night meeting except that Public Hearings and Citizens to be Heard Regarding Items Not on the Agenda shall not be scheduled and renumbering II to (3). Commissioner Deegan moved to amend the Resolution as requested by the City Attorney. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Fitzgerald, Deegan and Thomas voted "aye;" Mayor Garvey voted "nay." Motion carried. The City Attorney read the revised title of Resolution #93-44. Commissioner Deegan moved to pass and adopt Resolution #93-44 as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, and Thomas. "Nays": Garvey. Motion carried. Mayor Garvey asked the City Attorney if action needed to be taken on the daytime meetings and he said a series of special meetings would need to be called if no action is taken as the regular schedule included worksessions. Commissioner Thomas moved to adopt the changes to Rules 2 and 5 as listed in Attorney Galbraith's letter of June 15, 1993. The motion was duly seconded. Commissioner Deegan said he did not favor receiving copies of Commission minutes 24 hours before the next meeting and requested receiving them within seven days. The City Clerk said due to other demands, such as increased number of meetings and change in agenda process, she could not guarantee the minutes would be out seven days prior. The City Manager pointed out with the change in the agenda procedure and other additional meetings, the work load of the City Clerk Department has practically doubled. Commissioner Deegan felt in order to review minutes thoroughly, they need to be received closer to the time the meeting has occurred. Commissioner Berfield asked what it would take to get the minutes out sooner and also asked who prepares the minutes. The City Clerk said staff drafts the minutes unless the meetings are attended by the City Clerk alone. She said she is final editor of the minutes. Commissioner Berfield suggested a court reporter. The City Clerk said she did not feel using a court reporter would be practical as verbatim transcripts would be produced and she would still have to edit the minutes. She said she will be acquiring a new position in her department for a board reporter. She said she will do her best to get the minutes to the Commission per their request. Discussion ensued in regard to having the minutes ready 72 hours prior to the next meeting and Commissioner Deegan suggested seven days, when possible. He referred to Rule 5 regarding special meetings and asked that the requirement of two members being necessary for calling a special meeting be changed to any one of the members. Commissioner Berfield said this would involve a charter change and said this could be placed on the ballot for November. Commissioner Deegan raised a question regarding a requirement of a 24-hour public notice of a special meeting and the City Clerk pointed out the rules said a 24-hour notice is required whenever possible. The City Attorney said there is no clear rule on how much notice is required. Commissioner Deegan asked that the words "whenever possible" in regard to notification of a public meeting be deleted. Commissioner Berfield raised the question if the notice referred to both the public and the Commission. The City Attorney said "public notice" has not been defined. He felt the bare minimum regarding public notice would be to place the notice where the press could see it. The City Clerk said she posts a public notice in the lobby, press box in the City Clerk Department and send it to the Commission at least 24 hours but could not guarantee the Commission received the notice 24 hours prior. The City Attorney suggested to include the City Commission receive the notice not less than 24 hours. Discussion ensued in regard to Rule 5(3) regarding items being removed from and/or being added to the agenda. Commissioner Deegan said he interprets this as meaning the agenda of that very meeting. He said in order to make this clearer he would like language added regarding the present agenda. The Mayor said she was thinking of items that would be of an emergency nature. She asked that a decision on Rule 5(3) not be made at this time. Commissioner Thomas moved to withdraw his previous motion regarding Rules 2 and 5 and the seconder concurred. Commissioner Thomas moved to amend Rule 2, by inserting the language "Copies of the minutes of a regular daytime meeting shall be furnished at least seven days, when possible, prior to the next regular daytime meeting, and copies of the minutes of a regular night meeting shall be furnished at least seven days, when possible, in advance of the next regular night meeting." and Rule 5(1) after the words "no less than 24-hours notice" add the words "to the public and to the members of the City Commission." and deleting the words "whenever possible" from the previous line and to accept Rule 5(2) changes regarding daytime and night meetings. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 93-45 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-45 as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, and Thomas. "Nays": Garvey. Motion carried. ITEM #23 - Commission Discussion Items a. - (Cont. from 6/28/93) Vision Cable Franchise Commissioner Thomas referred to a letter from Communications Equity Associates listing consultants they feel qualified to examine Vision Cable's contract with the City of Clearwater. He said reviewing Vision's contract would provide an opportunity to see what had been promised by Vision in the proposal and not reflected in the contract. There was discussion regarding using an outside consultant and the City Manager indicated help will be needed with the franchise due to the change in rules governing cable services and he said help will also be needed with the telephone franchises. Assistant City Manager Elizabeth Deptula said she felt an outside consultant is needed to assist in negotiating with Vision Cable. She said she has received a letter from Vision and they are looking for a longer extension of the franchise well beyond the current terms. The City has been negotiating regarding franchise fee and service increases and additional equipment. She said the City now has the right to set standards indicating issues are changing on a day to day basis as FCC rulemaking occurs. Ms. Deptula said she and Commissioner Berfield attended a seminar put on by the Florida Innovation Group and obtained information regarding the City of Titusville having gone through an RFP process and engaging a firm. She indicated the City can piggyback on their proposal. In response to questions, Ms. Deptula said the firm will charge the same fee as Titusville is being charged for the same scope of work. She felt it would be in the range of $40,000 to $70,000 indicating their proposal would be very comprehensive. Ms. Deptula said the contract with Vision will expire in 18 months. The Commission directed staff to check the credentials of the Titusville consultant and to bring back an agenda item setting the budget and hiring a consultant or going out for an RFP. The Commission also requested staff contact Mr. Waldo of Vision Cable to let him know what the City is proposing. The meeting recessed from 10:30 p.m. to 10:37 p.m. b. - (Cont. from 6/28/93) Recommendations to the Development Code Adjustment Board The City Attorney referred to a memo from Assistant City Attorney Miles Lance dated June 1, 1993, recommending the Planning & Development Department not be permitted to make recommendations to the Development Code Adjustment Board. When Planning & Development makes a recommendation in favor of a variance, which is then denied by the Development Code Adjustment Board, the applicant may well be granted the denied variance by a hearing officer. The concept is that if the variance was favored by City administrative officials, then that very same City will not be disappointed if the Development Code Adjustment Board is overturned. Since the City Attorney's office has the responsibility to support the decision of the Development Code Adjustment Board, the City can be foiled by the Planning & Development Department's recommendation. Planning Manager Scott Shuford said with the Development Code Adjustment Board a conclusion is given whether the standards of the land development code have or have not been met and with the Planning & Zoning Board a formal recommendation is made. Commissioner Deegan said he asked this issue be discussed and asked that the new Code Enforcement Review Task Force review the entire process used in administering the code including inspections, hearings, rights of appeal, etc. He felt they may have suggestions on how applications should be presented to the Development Code Adjustment Board. The City Manager indicated this would have to be taken even further as the same rule of law will apply to recommendations for any land use matter indicating this is a very sensitive issue. Commissioner Deegan recommended using the same process as is currently used until it is reviewed by the task force. Mayor Garvey felt it beneficial for the City Attorney's office to work with the Planning Department on a close basis. Commissioner Thomas asked if the appeal process included the Commission, and Mr. Shuford indicated conditional use and variance appeals go directly to a hearing officer. The City Attorney said the majority of the decisions by the Development Code Adjustment Board and the Planning & Zoning Board are final; a small minority of the decisions actually are appealed and the majority of those that are appealed are affirmed on appeal. If the appeal goes beyond the hearing officer, it goes through the court system without getting the Commission involved. Commissioner Thomas said he will be asking the task force to review the hearing officer appeal process as he does not favor the way it is currently structured. He felt the Commission should be the final authority in these decisions. Mayor Garvey said the intent was to take politics out of the final decision and have someone who was impartial, such as the hearing officer, review the factors and make a determination. c. - (Cont. from 6/28/93) Code Enforcement Task Force membership Commissioner Deegan stated he asked John Richter, Code Enforcement Manager, to appear at tonight's meeting for input regarding guidelines for the task force to follow. He brought up the "charge" he had written for the task force and the City Clerk indicated this "charge" had been accepted by the Commission as written. He distributed a memo to the Commission regarding the "Community Response Section Proposal" written by Police Chief Klein which he wants the task force to review first before implementation. Mayor Garvey questioned how this would impact the City Manager's proposed budget. Commissioner Fitzgerald recommended the outdoor display issue also be a priority item for the task force. Commissioner Deegan said certain sections of the code had been selected for the task force to review and outdoor displays were included. He questioned whether a time limit should be assigned for completion and recommended recommendations from the task force be received by October 1, 1993. Commissioner Fitzgerald expressed concern regarding the depth of their review as he felt looking at every code would take extensive time. He asked whether the scope of their review was narrowed down sufficiently enough for them to handle. Commissioner Deegan said the task force will consist of ten members who will receive advice from the Legal and Code Enforcement Departments. He said Deputy City Manager Kathy Rice has been asked to be liaison because of her background in land development. Mayor Garvey said she had no problem with placing a time limit on the task force; however, expressed concern regarding the time of year and whether the selected members would be available to meet. Commissioner Deegan felt the task force needed a target date and indicated they could come back and ask for an extension. John Richter summarized the code enforcement problems in the City of Clearwater. He said he felt the task force should focus on the enforcement process to produce results such as getting compliance and keeping it. He said code enforcement is not very effective due to recurring violations and keeping compliance. He felt the renotification requirement, the loophole that exists hindering the Code Enforcement Board from imposing fines on repeat violators and establishing a deterrent for repeat violators of the lot clearing code should be reviewed. Mr. Richter said the code needs to contain "state of the art" standards and provisions to further the City's goals and interest; the code is the blueprint for the City's future. There was discussion regarding the amount of time it takes to process a code violation and the City Manager said there is a need to improve the response to complaints and follow through. He felt a number of calls received by the Police Department could be better handled by a consolidated code enforcement unit. He said he would like to look at both the civil and criminal side of code enforcement. In response to a question, Mr. Richter said his area of enforcement covers the land development code, occupational license code and the nuisance code (lot clearing). He said the other areas that is not his responsibility include environmental, landscaping, housing, building, fire, etc. Commissioner Thomas said he would like to see all code enforcement under a common umbrella and the permitting/licensing process handled in one area. The City Manager said a great deal of time was spent on preparing the concept paper for his proposed code enforcement program. He said he believes there is a better way to do business. Commissioner Thomas said he wanted to go on record as saying he did not want anything done until recommendations are presented by the task force. The City Manager said the task force needs strong legal representation. Mayor Garvey appointed Louise Riley and Bruce Cardinal; Commissioner Berfield appointed David Campbell and Lee Regulski; Commissioner Thomas appointed Donald McFarland and Brian Morris; Commissioner Fitzgerald appointed Bill Zinzow and Bill Jonson; and Commissioner Deegan appointed Sydney Snair and David Little to the Code Enforcement Task Force. Commissioner Deegan questioned the procedure and the City Manager said he would use the "charge" prepared by Commissioner Deegan as the basis for the work program with direction from the Commission. Ms. Rice is to be liaison for the task force and he said he will be monitoring it very closely. Mayor Garvey questioned whether it would be appropriate for staff to make recommendations. Commissioner Deegan stated staff should be reactive, not proactive and they would be asked at the appropriate time for recommendations. In response to a question, Ms. Rice said she will set a date for the first meeting and notify the members tomorrow. d. - (Cont. from 6/28/93) Direction re: Environmental Advisory Committee Review The City Clerk said it is time to review the Environmental Advisory Committee to see whether they should be established as a permanent board. She asked direction from the Commission on how they wanted to proceed. Mayor Garvey said the EAC was originally set up for the Commission to get a sense of direction on where to go and she said she was not sure whether or not the Committee was accomplishing anything. There was discussion regarding how the appointments are made to the Committee and whether or not the membership should be reduced and how the present appointments would be handled if established as an advisory board. Commissioner Deegan requested a summary year end report similar to the format used by Mr. Bill Jonson when he was Chairman be provided before a decision is made. Commissioner Thomas said he would like to ask the Committee members what they feel they accomplished and whether they feel they should continue. The City Manager said the Commission's requests would be presented to Mr. Hunt who is Chairman of the EAC. e. - (Cont. from 6/28/93) Signs for New Businesses Commissioner Thomas referred to a draft ordinance from the City Attorney and the City Attorney said he would like to review the draft again with staff. Mayor Garvey asked how the ordinance would relate to the county's ordinance and it was felt it should be reviewed with them. The City Clerk pointed out the ordinance would have to go through the normal review process of other boards before it comes back to the Commission. Mr. Shuford said there is a provision for temporary signage in case of sign damage and would also apply for new businesses. In response to a question, Mr. Shuford said there is no provision for a pole sign. A draft ordinance is to be considered for receipt and referral on July 12th. f. - (Cont. from 6/28/93) FEMA Letter regarding Flood Insurance Discussion ensued in regard to the letter to FEMA regarding the flood insurance issue and Commissioner Thomas said the City needs to take a stand and felt the Mayor's letter did not take this stand. Mayor Garvey felt positive statements should be made on what the City wants. Commissioner Fitzgerald said he had also drafted a letter restructuring the information contained in Commissioner Thomas' letter. Commissioners Thomas and Deegan supported signing Commissioner Fitzgerald's letter. In response to a question, Commissioner Thomas said Senator Mack is opposing the erosion section of the legislation. Mayor Garvey suggested adding language to Commissioner Fitzgerald's proposal that the Commission be kept informed. There was no objection. A request was made to send the letter to the Florida League of Cities, the National League of Cities, the National League of Counties and to the Florida Congressional Delegation and that the letter be adapted to fit the recipients. In response to a question, it was felt if each Commissioner signed the letters, a stronger statement would be made. The City Manager said he had just read the Hammer Siler George report that was sent to the Commission and requested it be agendaed for July 12th. Commissioner Thomas found the prices in the proposal excessive. He said he will be providing names to the City Manager for the entertainment component. ITEM #24 - Adjournment The meeting adjourned at 12:19 a.m. (7/2/93).