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08/19/1993 CITY COMMISSION MEETING August 19, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 19, 1993 at 6:02 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 James Rousakis of the Greek Orthodox Church of the Holy Trinity. 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 Three service awards were presented to City employees. ITEM #4 - Introductions and Awards - none. ITEM #5 - Presentations -none. ITEM #6 - Minutes of the Regular Meetings of July 15, 1993 and August 5, 1993 Commissioner Deegan requested the July 15, 1993 minutes be corrected on page 4, last paragraph, $180,000 be changed to read $188,000; on page 6, first paragraph, Mr. Tankell's name was spelled incorrectly; on page 7, second paragraph from the bottom, Mr. Sklenar's name was spelled incorrectly; on page 12, third paragraph from the bottom, second to the last line should read "Rehabilitation to Administration". Clarification was requested regarding the 19th year CDBG final statement motion regarding the $7,800 approved for Community Housing Resource Board for an audit of the Board of Realtors. It was indicated the intent of the motion was for the $7,800 to be given to Community Pride Child Care if the Board or Realtors agrees to fund the Community Housing Resource Board program. Other corrections needed to the minutes are: on page 14, last sentence, dollar amount should read $187,853; on page 15, second sentence, dollar amount should read $17,168; and on page 15, third sentence, dollar amount should read $42,920. Commissioner Deegan moved to approve the minutes of the regular meeting of July 15, 1993 as amended. The motion was duly seconded and carried unanimously. Commissioner Deegan requested a correction to the August 5, 1993 minutes, on page 26, first paragraph, the word "stormwater" be added before "management strategies;" on page 27, first paragraph the word "indept" be corrected to read "in depth;" on page 27, last paragraph, second lines, the word "cities" be corrected to read "counties;" on page 28, third paragraph, the words "the area of" be added before "Orlando" and the words "near the homeless campus" be added after "Orlando." Commissioner Deegan moved to approve the minutes of August 5, 1993 as amended. The motion was duly seconded and carried unanimously. Commissioner Thomas requested "Citizens to be Heard" be moved before the "Special presentations of widespread public interest." Consensus was to leave the agenda in its present order. There was discussion regarding Item 33(c), the Environmental Advisory Board's recommendation re Bayside Arbors and it was clarified it was just a report; and if there was any public discussion, it be limited to the recommendation only. It was indicated the issue of the Bay Arbors development is scheduled for September 2, 1993. PUBLIC HEARINGS ITEM #7 - Public Hearing - Res. #93-50 - Authorizing placement of liens on properties for unpaid utility bills (AS) The property owners noted on the lien proposal listing have delinquent accounts with the utility system for amounts over $100. The Utility Customer Service Division has notified these property owners of their indebtedness and the fact that the City may file a lien on their property for the amount of the delinquent account. The property owners have also been notified by the City Clerk of the Public Hearing regarding their indebtedness pursuant to Chapter 32, Section 32.072 of the City Code of Ordinances. Commissioner Thomas questioned whether anyone had tried to contact the individuals on the list for payment. John Scott, Utility Customer Service Manager, reviewed the lien notification process. He said a letter is sent to everyone on the list notifying them they have 30 days in which to pay the lien. They are also notified by the City Clerk Department that a public hearing has been scheduled. He said many on the list had been contacted by phone. Commissioner Berfield moved to approve the resolution authorizing the placement of liens on properties for unpaid utility bills. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-50 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-50 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 #8 - Public Hearing & First Reading Ords. #5438-93, #5439-93 & #5440-93 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property located in Sec. 1-29-15, M&B 34.311, 0.32 acre m.o.l. (Instrument Transformers, Inc. A93-16, LUP93-22)(PLD) The subject property is located approximately 880 feet north of the Seaboard Coast Railroad, 420 feet south of Calumet Street and 380 feet west of Hercules Avenue. The applicant wishes to annex to facilitate the development of the subject property consistent with his expansion plans. The parcel being annexed has + 14,700 square feet, less than the 20,000 square feet minimum lot size for the Limited Industrial District. However, this parcel will be utilized in conjunction with the applicant's existing facilities to the west. This is the second parcel owned by the applicant that is being annexed. The applicant's separate request to annex 5.75 acres on the south side of his establishment was approved on July 15, 1993. The second readings of the ordinances for amending the future land use and zoning classification are being held until the Consistency Program is finalized. The subject parcel is not contiguous to this other property, so staff did not require annexation consistent with Commission policy that all contiguous properties under the same ownership be annexed simultaneously. At their meeting on August 3, 1993, the Planning and Zoning Board endorsed the proposed annexation, future land use plan amendment to industrial and IL zoning. Bill Johnson, owner, requested approval of his applications. Commissioner Fitzgerald 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 #5438-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5438-93 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 #5439-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5439-93 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 #5440-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5440-93 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. #5442-93, #5443-93 & #5444-93 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1985 East Skyline Dr., Skyline Groves Sub., Lot 27, 0.15 acres m.o.l. (Invandino-Schy/Schy A93-17, LUP93-23)(PLD) The subject property is located on the east side of East Skyline Drive, approximately 1,390 feet west of US19 and 1,160 feet north of Sunset Point Road. The applicants wish to annex to obtain city sewer service. The street in front of the applicants' property was previously annexed. The applicants' property is therefore contiguous to the City. The lots in Skyline Groves Subdivision which are in the City have a future land use classification of low density residential and are zoned RS-8. At their meeting on August 3, 1993, the Planning and Zoning Board endorsed the proposed annexation, future land use plan amendment to low density residential and RS-8 zoning. Commissioner Berfield moved to approve annexation, a land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5442-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5442-93 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 #5443-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5443-93 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 #5444-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5444-93 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 - Ord. #5413-93 - re: allowable signage for existing commercial and industrial planned developments; providing for signage consistent with provisions of Sec. 44.51(4)(i) (PLD) The revised sign regulations specify that commercial and industrial planned developments will have their signage requirements determined by ordinance by the City Commission. Existing commercial and industrial planned developments previously were allowed a maximum of 64 square feet for freestanding signage and, typically, 15 square feet of attached signage for a freestanding business or 48 square feet of attached signage for most tenants within a shopping center. The revised sign regulations try to take into account signage allowed for surrounding properties for commercial planned developments. This will eliminate the need to allow additional signage through the variance process in order to accommodate commercial or industrial planned developments located, for example, on US19. For the five existing commercial and industrial planned developments within the City, staff has recommended signage allowances for these. At their meeting on July 13, 1993, the Planning and Zoning Board recommended approval of Ordinance #5413-93 subject to an amendment to revise the proposed freestanding sign allowance on US19 for the Clearwater "19" Industrial Park to 150 square feet so long as only a single freestanding sign is allowed. At their meeting on July 22, 1993, the Development Code Adjustment Board recommended approval consistent with the Planning and Zoning Board's recommendation. The Mayor requested clarification of the purpose of this item. Planning & Development Director James Polatty stated the sign code allocates signage for commercial and industrial properties; however, a special district has been created over the years for planned development projects. The zoning assigned is unique for that particular development to reflect improved development characteristics or unique circumstances for those projects. To recognize the uniqueness of these projects the revised sign code regulations allow the Commission to set the signage on an individual basis for commercial planned developments and industrial planned developments. He explained the existing and proposed signage for each of the existing planned developments. In response to Commissioner Deegan's question, it was indicated staff is recommending the signage allowances. Timothy Johnson, attorney representing Clearwater "19" Commerce Center, requested this center be allowed to have 150 square feet of signage rather than the 112 square feet as recommended by staff. He found this to be appropriate because the subject site is approximately 13.9 acres larger than other shopping centers that will be allowed 150 square foot signs. The site has been approved for 206,583 square feet of development and a variety of uses and services. He said due to the configuration of the buildings, they are not oriented toward U.S. Highway 19 and the wall signage is not readily visible. The tenants rely on the pole sign. He stated the request is compatible with the other multi-tenant commercial ventures along the U.S. Highway 19 corridor. In response to a question, Mr. Johnson said he is agreeable to only a single freestanding being allowed. Commissioner Thomas moved to approve signage allowances for existing commercial and industrial planned developments. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to amend Ordinance #5413-93 in Section 1, under signage provision for Clearwater "19" Industrial Park, to read: Clearwater "19" Industrial Park industrial planned development - Freestanding signage along US 19 shall be provided as specified herein: One freestanding sign containing a maximum area of 150 square feet, not exceeding 20 feet in height, with a minimum setback of five feet shall be the only freestanding signage allowed, except exempt signs as may be allowed under Section 44.08 of the City Code; all other signage shall be as specified for properties designated General Commercial on the zoning atlas of the City of Clearwater. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5413-93 as amended for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5413-93 as amended 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 - (Cont. from 8/5/93) Public Hearing & First Reading Ord. #5411-93 - amending Sec. 42.21, to provide for reconstruction or replacement of structures occupied by nonconforming single family residential uses that are damaged or destroyed in excess of 50% of replacement cost (LDCA 93-03)(PLD) The Planning and Zoning Board, in considering both the Downtown Development Plan and the North Ft. Harrison/North Myrtle Avenue Zoning Study, has recommended the Commission consider a land development code amendment that would allow nonconforming single family residences to be reconstructed if damaged or destroyed in excess of 50% of their appraised value. The Commission, in authorizing the Downtown Development Plan and N.Ft.Harrison/N.Myrtle Avenue Zoning Study, directed staff to pursue this matter. The proposed amendment would allow these structures to be reconstructed, even if, they are not permitted uses in the zoning district in which they exist. Ordinance #5411-93 will primarily assist homeowners located in redevelopment areas in the event their homes are damaged or destroyed. At their meeting on July 13, 1993, the Planning and Zoning Board recommended approval of this land development code amendment. At their meeting on July 8, 1993, the Development Code Adjustment Board recommended approval of this land development code amendment. Commissioner Thomas moved to approve the land development code amendment allowing reconstruction of nonconforming single family residences. The motion was duly seconded and carried unanimously. Commissioner Deegan asked how this amendment would relate to property in a flood prone zone. The City Manager said the structure could be rebuilt but would have to meet all other codes. Commissioner Deegan was concerned the word "reconstruct" would be interpreted as rebuilding as it existed. Mr. Polatty said this would be clarified prior to second reading. The City Attorney presented Ordinance #5411-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5411-93 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 #12 - No item Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5387-93 - revisions to Ch. 52 re: tree protection The City Attorney presented Ordinance #5387-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5387-93 on second and final reading. The motion was duly seconded. Mayor Garvey commented she is supporting this ordinance with the understanding the mangrove issue will be addressed as a separate issue. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5414-93 - Annexation for property located at 2197 Bell-Cheer Dr., Bell-Cheer Sub., E 100' of Lots 20 & 21, 0.32 acres m.o.l. (The Word of Faith Church of God A93-10) Commissioner Berfield moved to amend Ordinance #5414-93 in section 1, in the legal description, insert "The East 100 feet of" before "Lots 20 and 21." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5414-93 as amended for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5414-93 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. ITEM #15 - Ord. #5417-93 - Annexation for property located at 3116 Wolfe Rd., Bayview Bluff, Lot N, 0.21 acres m.o.l. (Nosek A93-11) The City Attorney presented Ordinance #5417-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5417-93 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. #5420-93 - Annexation for property located at 3201 Drew St., part of Sec. 16-29-16, M&B 12.02, 0.54 acres m.o.l. (Winn A93-12) The City Attorney presented Ordinance #5420-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5420-93 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. #5423-93 - Annexation for property located at 2220 Drew St., Temple Terrace, First Addition, Blk D, Lots 27 & 28, 0.40 acres m.o.l. (JES Properties Inc. A93-13) The City Attorney presented Ordinance #5423-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5423-93 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. #5426-93 - Annexation for property located at 1001 Brookside Dr., Oak Lake Estates, Lot 1, 0.20 acres m.o.l. (O'Brien (Kell) A93-14) The City Attorney presented Ordinance #5426-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5426-93 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 - See #29 ITEM #20 - Ord. #5435-93 - Annexation for property located at 2720 S.R.590, Virginia Grove Terrace, Third Add, Blk 6, Lot 1, 0.25 acre m.o.l. (Higiueros A93-15) The City Attorney presented Ordinance #5435-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5435-93 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. #5441-93 - RPD-6 Zoning for the Moorings of Sand Key (a/k/a the Estates at Sand Key) located E of Gulf Blvd., S of Marina Del Rey and E of Isle of Sand Key, Sec. 30-29-15, Parcels A, B and C and Lots 1-36 (Marden Enterprises Z93-09) and approve final site plan Commissioner Thomas expressed concern the condominium owners had no legal right regarding the private road. He said there was only an easement for access. He indicated the City had designed the road. He felt if there was no control by the City over the road, it would be difficult for emergency vehicles to have access to the condominiums. He asked the City Attorney to investigate control of private roads. The City Manager pointed out the City did not design the road; the City has minimum design standards which the developer is required to follow. In response to a question, the Public Works Director said the City requires a 30-foot road width and is wider than county standards. Commissioner Thomas expressed concern regarding the passage of fire trucks if cars are parked on the road directly across from each other. Mr. Baker pointed out this would apply to any residential street and said this type of circumstance happens infrequently. In response to Commissioner Thomas' questions, Mr. Baker said the City can post "no parking" signs on city streets but have no ability to do this on private roads. Commissioner Thomas said he is not opposed to the project just concerned in providing emergency services to the people in the condominiums. In response to Mayor Garvey's question whether an emergency vehicle could get through if cars are parked directly across from each other, Mr. Baker responded one vehicle could get through. Mayor Garvey felt it would be difficult to guarantee passage of emergency vehicles on public or private roads. Commissioner Berfield questioned whether a hook and ladder truck could get through this particular street if two cars are parked directly across from each other and Mr. Baker said it could. It was pointed out the maximum legal width of a vehicle is 8 feet and the city requires a minimum road width of 30 feet. Commissioner Thomas questioned maintenance of private roads. Commissioner Berfield felt this issue should be addressed by the Commission in the future. Mr. Baker pointed out there are many private roads in the City and most are maintained and do not present a problem. Commissioner Thomas read a response from the City Attorney stating "it is his understanding the developer is willing to agree to such conditions and is also willing to establish the right on the part of the City to force future road maintenance at the expense of the developer if the City is willing to accept that right." He felt the concept was worth consideration and should be started now establishing conditions on how the road is to be maintained. The City Attorney clarified the comments read above were in reference to another project. Mark Timmins, representing the applicant, said the obligation to maintain the road is in the deed restrictions. The City Attorney presented Ordinance #5441-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5441-93 on second and final reading. The motion was duly seconded. Commissioner Deegan questioned two issues to be resolved by the developer prior to second reading. Mr. Timmins said the amended site plan resolved those issues. Discussion ensued regarding the date on the site plan and Marvin Gordon, Marden Enterprises, said changes pertaining to the docks were made on the site plan before it was brought to the Commission previously. Commissioner Deegan requested a current site plan for the file and Mr. Gordon said he would provide it tomorrow. Commissioner Thomas asked if Marden Enterprises had sole title to the road and he indicated they do. He asked if Marden Enterprises has total control of the road and asked if the condominium owners have any legal rights other than an access easement. Mr. Gordon said those owners have contractual and easement rights. He said there is a shared maintenance agreement in the works. Mr. Timmins said the condominium owners are protected by the existing easement agreements and indicated negotiations have been ongoing to resolve the shared maintenance agreement. Mr. Gordon said the road has been in place approximately 2-1/2 years. Commissioner Thomas expressed concern there is no guarantee the road will be maintained. Commissioner Berfield commented the developer is trying to work out a maintenance agreement which she felt would be advantageous to all parties involved. In response to a question, Mr. Gordon said this agreement would call for one-third of the maintenance to be shared by each of the three parties indicating this is a cooperative type project. In response to Commissioner Berfield's question, Mr. Gordon said the contracts regarding how the road would be handled had been executed three years ago. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan and Garvey. "Nays": Thomas. Motion carried. ITEM 21a - Final Site Plan - Moorings of Sand Key At their meeting of August 5, 1993, the Commission approved the preliminary site plan and plat and a request for a Residential Planned Development zoning amendment. The plan proposes 66 detached single family dwelling units with zero lot line design, and most of the lots having a private dock. The applicant has prepared a replat of the property and has prepared the associated site plan in accordance with Code. The site was formerly known as The Estates at Sand Key, a 36 unit detached single family residential development that was never developed. There is an existing 30 foot wide private drive running through the proposed development, which serves as the ingress/egress easement to entrance of Isle of Sand Key and to both Harborage One and Harborage Two Condominiums located to the southwest and south. The proposed development has been determined to have vested development rights for up to 36 dwelling units with regard to concurrency management, as a substantial amount of improvements have already been installed. Gulf Boulevard is scheduled to be improved to a three lane facility, therefore, a minor traffic impact is anticipated with the additional 30 dwelling units. Commissioner Berfield moved to approve the final site plan for the subject property subject to the following conditions: (1) signs and fencing/walls are subject to separate review and permitting process; (2) the related final plat shall be recorded within one year from the certification date of the preliminary plat or prior to issuance of a certificate of occupancy, whichever comes first; (3) the dates and conditions for approval by the Planning & Zoning Board for plan development approval and the Building and Flood Board for variance approval shall be provided on the preliminary plat/site plan prior to certification; (4) a note shall be included on the plat and site plan indicating that each individual owner is responsible for the seawall fronting their property; (5) prior to certification, maintenance easements for the seawall shall be shown; (6) prior to certification, building within 18 feet of the seawall shall be approved by the Building Official or the Building/Flood Board; (7) prior to certification, a letter from the Building Official shall be filed with the City verifying approval of all buildings within 18 feet of the seawall; (8) sidewalks are required adjacent to all street rights-of-way with no sidewalk bond required; (9) prior to certification, street names shall be shown as remaining the same as shown on previous plat; (10) prior to issuance of a building permit, all docks and dock locations shall be approved by the Harbormaster; and (11) the applicant shall contact Parks & Recreation for the required recreation/open space assessment fee, which shall be paid prior to certification and approve the Zoning Atlas Amendment from RM-28 to RPD-6 for the subject property. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Berfield and Deegan and Mayor Garvey voted "aye;" Commissioner Thomas voted "nay." Motion carried. The meeting recessed from 7:40 p.m. to 7:55 p.m. Special presentations of widespread public interest ITEM #22 - Pinellas Trail - King Engineering On March 18, 1993, the City Commission approved a route which proceeds through the center of downtown, takes advantage of the abandoned railroad right-of-way from Magnolia to Lakeview and uses the west side of East Avenue with the Hamlet Street option at the south end as the primary Pinellas Trail route through Clearwater. Keith Appenzeller, King Engineering, said the original route through Clearwater was determined to be unacceptable due to permitting and safety concerns. He said the City had developed another alignment and the County had hired King Engineering to study its feasibility. He said this route is similar to the original alignment. Mr. Appenzeller said the current study is more of a preliminary engineering report identifying engineering problems along segments of the trail and developing solutions. He said the report took into account land availability, traffic operations, permitting, etc. and a preliminary cost estimate was prepared. Joe Kubicki, King Engineering, gave a slide presentation of the proposed alignment, explained the evaluation of the route through Clearwater and pointed out engineering solutions on the more difficult sections of the alignment. Referring to an aerial alignment of the trail, he pointed out the existing end of the trail on Jones Street in the northern end of the downtown portion, a planned parking facility for trail users. He reviewed the proposed trail line indicating it did not involve any crossings of the CSX railroad line which he found to be beneficial. He said East Avenue would be converted to a one-way northbound roadway with the southbound section converted into the Pinellas recreational trail. He said the trail would jog a slight distance at Turner Street to the west and follow a safe distance away from the active CSX line down to Druid Street. There is a drainage easement in that area that could be used for the trail. He said the trail would go through some privately owned property which would need to be purchased. Mr. Kubicki indicated there is adequate right-of-way to construct the trail. They have followed up with an alternate alignment which uses the existing CSX route on the northern end. He indicated the evaluation is preliminary and the alignment has not been surveyed for right-of-way boundaries. Mr. Kubicki reported sections in St. Petersburg and Tarpon Springs are under construction and ultimately the trail system will cover 43 miles and cost approximately $523,000. The trail has over 150,000 users per month. He felt strong consideration should be given to use of the CSX line at the northern end; this would alleviate problems with driveway crossings. Mayor Garvey asked if the County had given any consideration to buying the railroad depot along the CSX route and Mr. Kubicki said this has not been discussed. Commissioner Deegan questioned what would happen to the road's level of service if the City does not go with the CSX at the north. Mr. Kubicki responded it would be reduced; however, indicated Hendricks and Garden do not have a high volume of traffic. Commissioner Thomas questioned whether the route needs to be designated as an official trail with guardrails or if the roadway could be just be resurfaced. He said the guardrails would cause an inverse condemnation problem with some businesses. He questioned whether the City would have a liability or if the County is prepared for condemnation litigation. Mr. Kubicki said even if an asphalt path was constructed, the liability would be the same. He said once they get into the design, they hope to minimize the use of guardrails. He indicated there still will be issues of access. The City Attorney said preventing access to property is a different type of liability. In response to questions, the City Manager responded the City would have to consent to use of their right-of-ways. Commissioner Thomas felt the proposed alignment was in the right place; however, expressed concern for the property owners along this route. In response to a question, it was indicated liability may be shared by the City and the County. Paul Polgar said he was in favor of any reasonable, logical way to get the trail through downtown Clearwater. He said we need to look at the good it will do for the City. Timothy Johnson, attorney representing two land owners along the trail, said access issues have been resolved. He expressed concern regarding pavement width and indicated the engineer will work with his clients regarding the design. He supported the idea. Henry Ferry, Henry Ferry Stair Company, said the alternate route would put him out of business. He said trucks need to access his building to bring in and take out materials. He said it took him five years to build up his business. Mr. Kubicki said they would work with him to find a solution. Mayor Garvey pointed out the review is just preliminary. She asked what would be the determining factor in selecting a route. Mr. Kubicki responded that safety and access would be those factors. The City Manager questioned what the lane configuration would be if the City goes with the primary route and it was indicated two lanes. In response to Commissioner Thomas' question regarding parking problems at the post office, the City Manager said the Kravas lot would provide a solution. The City Manager said the City would need to show some desire to the County to proceed. Commissioner Fitzgerald found the proposed alignment to be the most viable so far. He said he recognizes the problem of access but felt the City needed to proceed. Commissioner Thomas said he would support the proposal provided the City does not pay for condemnation. Consensus was to proceed working with County to look at both the primary and alternate alignments for the most cost effective, safest route with the least impact on businesses and the final design coming back to the Commission for approval. Mr. Appenzeller said he would like to pursue the alternate route. The City Manager pointed out this could be to the City's detriment as they own property along this route. ITEM #23 - Report from Post, Buckley, Schuh & Jernigan re: Drew Street PD&E study, relating to alternate project alignments (PW) The Florida Department of Transportation is presently undertaking the Project Development and Environment (PD&E) Study for the improvement of Drew Street from Pierce Boulevard to Northeast Coachman Road, a length of approximately 3.2 miles. The objective of the PD&E study is to provide documented information, including engineering and environmental analyses for FDOT to reach a decision on the type, design and location of the necessary improvements along Drew Street to accommodate the future traffic demand in a safe and efficient manner. Alignment alternatives for the project were developed and evaluated using a multitude of criteria including engineering, socioeconomic, cultural, and environmental factors. On June 24th, a public information meeting was held by the Drew Street PD&E consultants for the purpose of informing the citizenry of the proposed Drew Street alignment alternatives and to receive input and comments from the public. Marshid D. Arasteh, Florida Department of Transportation (FDOT) Project Manager, gave a brief overview of the project and various alternatives discussed at the above workshop. The three viable improvement alternatives identified for Drew Street were (1) widening Drew Street from North Fort Harrison Avenue to Northeast Coachman Road; (2) converting segments of Drew and Cleveland Streets to a one-way pair operation from Pierce Boulevard to Evergreen Avenue and widening Drew Street from Evergreen Avenue to Northeast Coachman Road; and (3) converting Drew and Cleveland Streets to a one-way operation from Pierce Boulevard to Northeast Coachman Road/Nimbus Avenue. The slide show that was given at the June 25, 1993, workshop was presented. Sharon Phillips, Project Engineer of Post, Buckley, Schuh & Jernigan, said there were over 200 individuals in attendance at the workshop and 120 written comments and two petitions with 315 names were received. She presented the following results: Full one-way pair 18% favor 19% not favor Petition in support (43 names) Partial one-way pair 7% favor Widening Drew St. 43% favor 2% not favor Petition in support (272 names) No action 11% Commissioner Berfield asked if many responses were from Cleveland Street residents and it was indicated some were from either on or near that area. A question was raised regarding the businesses on Drew Street and Ms. Phillips indicated some of their parking would be taken. In response to questions, Ms. Phillips stated 20,000 cars per day currently travel Drew Street and she thought this street had a level of service of D or E; E or F at the intersections. Commissioner Thomas questioned the relationship between 435 comments and 20,000 cars and how that information is weighed. Mr. Kennedy said it is called the "silent majority." It is up to the Commission, representing the City of Clearwater, and FDOT to make a decision. Commissioner Thomas questioned who has the greater strength in the decision making process on what happens to Drew Street. Mayor Garvey said the Commission authorized the study and allocated the initial $4 million for the environmental study to be started. Commissioner Thomas asked if there is a crying need from the citizens to widen Drew Street and the other Commission members responded there has been for years. The City Manager said the portion of Drew Street to be widened is a state road and they should be encouraged to widen it. Mayor Garvey said the City can make a recommendation to FDOT. The City Manager pointed out the county's portion, N.E. Coachman to U.S. Highway 19, will be under construction soon. Public Works Director Baker said a study had been done regarding an east/west corridor to get people downtown. Focus was directed to Drew Street with the $4 million for the PD&E study as an enticement to FDOT for them to consider the project. The City Manager said even though the citizens asked for Drew Street to be widened, we were told one-way pairs needed to be considered due to right-of-way costs. Commissioner Thomas questioned whether the state had the right not to pay for widening Drew Street because one-way pairs are less expensive. Jim Kennedy, Post, Buckley, Schuh & Jernigan, said the state's decision will be based on the overall public good and not just cost. In response to a question, Mr. Kennedy said the decision will take approximately 9 months. Commissioner Thomas asked what the City's alternative would be if the state ignores their choice of widening Drew Street and wants one-way pairs. Mr. Kennedy said he has never seen this happen in 34 years. Mayor Garvey said if this happens, the City does not have to take any action; the state cannot do one-way pairs without the City's permission. Mr. Kennedy said the analysis should be done in the next 2-3 months and we should know which way the state is headed. Commissioner Deegan pointed out that many people signing the petition against the one-way pair lived on the North/South cross streets, not just those living right on Cleveland. Robert Clark said since that portion of Drew Street is not in disrepair it would be fiscally irresponsible to do anything. Paul Polgar, business owner on Cleveland Street, expressed opposition to a one-way pair due to reduction in traffic. He asked the Commission consider what is best for the citizens and not the issue of cost. The City Manager requested the Traffic Engineer to provide information regarding the railroad depot along the proposed Pinellas Trail route. Peter Yauch informed the Commission there is an "ISTEA" account which allows for enhancements in special categories. He felt the purchase of the railroad depot (preservation of historic building) would fall into this category. He said an application has been submitted to the MPO Committee for funding to buy the depot. Commissioner Deegan said he had heard the CSX would not sell the railroad depot unless they can have a certain percentage for an office. It was felt this should be investigated. The meeting recessed from 10:03 p.m. to 10:16 p.m. ITEM #24 - Citizens to be heard re items not on the Agenda Paul Polgar asked consideration be given to creating parking lots similar to the Kravas lot to alleviate parking problems on Cleveland Street. He mentioned the vacant Curtis Brothers Building. Michael Quinton and David Grice owners of property in the Plaza Park area indicated many people in that area were not aware of the request for a name change of the park and felt they should have been notified. They said this change would have a negative effect on the area and would be a constant reminder of the image the area residents are trying to shed. They asked the Commission to reconsider the previous action taken that the park be named "Lamar O'Byron Ford Memorial Park. Concern was expressed that input from all the groups in the area of the park was not received. It was pointed out information was received from the North Greenwood residents. Mr. Grice said their subdivision is not a part of the North Greenwood Association Commissioner Thomas moved to reconsider the renaming of Plaza Park to the "Lamar O'Byron Ford Memorial Park." The motion was duly seconded. Questions were raised regarding the City's policy regarding park name changes. The City Manager indicated there was a Resolution establishing this. Commissioner Deegan asked that Parks & Recreation Director Ream Wilson get with the various groups in the Plaza Park area for their input. Commissioner Fitzgerald said he had thought all the neighborhood groups were contacted. Upon the vote being taken, the motion carried unanimously. There was discussion regarding who in the area should be contacted. The City Manager said this is a neighborhood park used by other than just area residents. Direction was given for Mr. Wilson to handle who should be contacted. Bob Wright urged the Commission to use caution in approving the Gas System Expansion Plan. He felt customer service needs should be addressed first. Robert Clark expressed concern regarding handguns always in the news. He feels communities have been victimized by attorneys and referred to Pwik Kwik and alcoholic beverage sales on the Clearwater Beach. CITY MANAGER REPORTS ITEM #25 - Allocation of city social service funds for fiscal year 1993-94 (HM) - Continued. ITEM #26 - Preliminary Site Plan and LUP to P/SP and P/SP Planned Development Zoning for Morton Plant Hospital Association (LUP 93-28, Z93-11)(PLD) The subject property takes up all of the block bounded by Waters Avenue, Pinellas Street, Bay Parkway and Watkins Road except the three lots at the northeast corner of the block. The applicant is requesting the rezoning and site plan approval to permit the development of a Cancer Care Center. The proposed clinic will not have facilities for overnight care of patients. At present, the City's Land Development Code does not have a Public/Semi-Public Planned Development District. Upon approval of the Consistency Program this district will be added to the code. Under a separate request, Morton Plant Hospital intends to request the vacation of Water Avenue, a city street having 33 feet right-of-way. Property Appraiser records indicate that 17 feet of the right-of-way of this street was previously vacated and dedicated to adjacent single family lots within the Belleair jurisdiction. If the vacation is granted, the ownership would be split along the centerline of the right-of-way. The applicant proposes to use its "share" of the vacated right-of-way for a landscape buffer along the west side of the proposed development. However, there are utilities (a 6 inch ductile iron water line and a 2 inch gas line) which will require easements. The applicant should be required to assume responsibility for removing the pavement for the entire vacated right-of-way. The hospital also requests permission to utilize the north ten feet of Watkins Road right-of-way for use with the required five foot landscape buffer along the south side of their property for a landscape buffer totaling fifteen feet along the south side of their proposed development. The land to the east and north of the proposed development is owned by the applicant and is part of the hospital complex. Ed Mazur, architect for the project, asked that the Commission not delay receipt and referral of this item. Commissioner Thomas moved to receive the preliminary site plan and applications for an amendment to the future land use plan to Public/Semi-Public and a zoning atlas amendment to P/SP Planned Development for the subject property and refer the request for zoning and land use amendments to the City Clerk to be advertised for public hearing and for the preliminary site plan to be referred to the DRC for review prior to approval of the final site plan by the Commission. The motion was duly seconded and carried unanimously. ITEM #27 - (Cont. from 8/5/93) FY 1993-94 HOME Funding Agreement with Pinellas County for utilization of funding to be provided under the HOME federal housing program (PLD) - Continued. ITEM #28 - Other Pending Matters a) (Cont. from 8/16/93) MPO request - Res. #93-51 - approving a new interlocal agreement governing the MPO; reappointing Commissioner Thomas as a voting member (CLK) - Continued. b) Atrium (Sun Bank) Building Tenant Lease The City Manager reported on the tenant lease between the City and Carta Capital, Inc. for 3,132 rentable square feet on the 6th floor of the Atrium Building which was submitted by the City's agent, Faison Associates. Mr. Alter of Faison Associates has assured the prospective buyers of the building are aware of the lease and have no objection with the City entering into this agreement. In response to Commissioner Deegan's question, the City Attorney said he has reviewed the lease. Commissioner Thomas moved to approve the lease agreement between the City and Carta Capital, Inc. for space in the Atrium at Clearwater Square. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #29 - (Cont. from 8/5/93) Ord. #5434-93 - Relating to appointive boards and committees; amending Secs. 2.063, 2.064 & 2.068 to require that members be residents of the City except for the Community Relations Board; prohibiting city employees from membership - Continued. Resolutions ITEM #30 - Res. #93-32 - Revising fee schedule for tree removal permits - Continued. ITEM #31 - Res. #93-49 - Dedicating 45' ingress/egress easement lying across city-owned parcel of property located W of Sunshine Dr. - for sanitation complex - Continued. ITEM #32 - Other City Attorney Items - None. ITEM #33 - City Manager Verbal Reports a) Request from Barbee Tenants Association The City Manager said he has been asked by Commissioner Thomas to investigate a complaint received from the Barbee Tenants Association. He said he has spoken to the Clearwater Housing Authority and it is believed the complaint came from one disgruntled individual. Mayor Garvey suggested having Ms. Deborah Vincent of the CHA investigate the complaint. Commissioner Thomas said he did not think it would be appropriate for the CHA to investigate themselves. He felt this should be done by an outside agency. Commissioner Deegan found this type of complaint similar to other tenant complaints and felt it should be referred to whomever manages the building. Commissioner Thomas expressed concern regarding check and balance if the CHA reviewed the complaint. Commissioner Deegan said they have a board of directors that supervises what the CHA does. Commissioner Fitzgerald agreed the CHA should be given the opportunity to review the situation. Commissioner Deegan pointed out the complaint was anonymous. Consensus was to allow the Clearwater Housing Authority review the complaint. ITEM - Oaks of Clearwater The City Manager said the City will need to begin by next week if it is going to take any action regarding the Oaks of Clearwater. He said he believes the buildings will be sold off separately and bankruptcy is a possibility. He said if the City is to get involved, it needs to have its interests protected. Commissioner Deegan questioned whether the City had any residual property interest and asked the bond counsel look into this. He felt if the price is right, the City may want to consider obtaining the property. Commissioner Thomas felt the City should be involved in the redevelopment efforts for downtown. He urged the board to allow the City Manager and City Attorney to be involved in the process and to learn about and bring back a deal for general housing to bring more residents into the downtown. He requested investigation of additional parking. Consensus was for the City to stay involved in the process. b) (Cont. from 8/16/93) Direction re: Sign Ordinance recommended by Businesses Involved in Government, Inc. - Continued. c) (Cont. from 8/16/93) Environmental Advisory Committee recommendation re: Bayside Arbors A motion was made by the Environmental Advisory Committee that "since the EAC was unaware of a proposal to develop the Bayside Arbor property until the July 8, 1993 EAC meeting, and as a result of this, the Committee would ask the City Commission to review the site and look at it as an environmental sensitive area which is of value to the citizens of Clearwater, and consideration should be given to explore the possibilities of purchasing the site for conservative use". Commissioner Deegan questioned whether the site would be useful for stormwater cleansing and the City Manager said the Environmental Management Group said this site was not a high priority for stormwater treatment. Timothy Johnson, attorney representing ZOM, the developer of the property, said there were only 5 out of 10 EAC members at the meeting voting 3-2 for the above recommendation. He questioned whether a quorum was present. He expressed concern that at a subsequent meeting of the EAC there was no official action taken; the applicant and the engineer were asked to leave the meeting and the applicant was told the discussion regarding this matter had concluded and discussion continued after the applicant left. The City Attorney said the EAC meetings should not be closed. He said the issue has been brought to his attention and he is not prepared to say the EAC is in violation; however, said his rule is to have open meetings at all times. He said he has written a letter to the EAC. Marcia Daniels spoke in opposition of the development stating this is an environmentally sensitive area. She expressed concern this is being pushed through too quickly. Genevieve Shiffman said she has written letters of objection and said she has not had a response. It was indicated they have not yet been received. Eleanor Robert asked that the residents be given an opportunity to speak to the issue tonight and not limit their input to the EAC's recommendation. Rita Wood spoke in opposition citing property value concerns. Avis Kiser spoke in opposition citing increased traffic problems. Joseph Spenello spoke in opposition indicating the site is a unique, self-supporting ecological environment with a tangible connection to the past. H. J. Lawrence spoke in opposition citing increased traffic concerns. He questioned how the number of units can be justified due to the water shortage. Bob Fay, Suncoast Sierra Club, spoke in opposition indicating this site is a unique ecosystem to the County and its value cannot be measured in dollars. He asked the Commission look at the site and delay the project. He indicated Indian artifacts had been discovered on the site. Mary Wooden spoke in opposition citing tree removal concerns and turning the property into concrete. Eleanor Robert expressed concern regarding traffic noises and congestion. Commissioner Berfield asked what artifacts had been found and Mr. Fay responded arrowheads. d) (Cont. from 8/16/93) Clearwater Housing Authority re: SHIP - Continued. ITEM #34 - Commission Discussion Items a) Jazz Holiday - Alcoholic Beverage The City Manager said there is limited time to act if the ordinance is to be changed. David Stone, Jazz Holiday Foundation Board, requested permission to sell beer and wine during Jazz Holiday, on a one time trial basis. He said Jazz Holiday has limited revenue sources and the economy has had an effect on getting the desired level of sponsors. He said it has been indicated if there was higher quality programming there would be a better chance of getting more and better sponsorship. He estimated that $40,000 in revenue could be raised by charging $2.00 per drink and this would go a long way in offsetting potential losses and/or create a surplus of funds for a rainy day. He pointed out that most every other event in the Tampa Bay area can sell alcoholic beverages. Mr. Stone said the police department did not feel there would be a problem with the sale of alcohol and said they would work with them for control. Steve Fowler, Vice-Chairman of the Clearwater Chamber of Commerce, spoke in support of the request to sell beer and wine at Jazz Holiday on a trial basis because of diminishing sponsorship. Vickie Scotty, Chairperson of Jazz Holiday, said she has been working closely with the sponsors and indicated it has been very difficult to raise funds. She felt the sale of beer and wine would be a major source of revenue. Phil Henderson, Chairman of the Downtown Development Board (DDB), said the DDB unanimously supports the request to sell beer and wine at Jazz Holiday. He said the DDB is making tremendous progress in promoting the downtown and said the Community Redevelopment Agency and the DDB need to work together. He pointed out festivals in other cities in Pinellas County serve beer and wine. He said to his knowledge there has been no adverse publicity. He said Jazz Holiday would like to make it a better event and still keep it free for the citizens. Anne Garris said the Commissioners are sitting as the City Commission tonight representing all the citizens of Clearwater. She said this is an issue of morality and we do not have to do something just because everyone else does. She asked if the Jazz Festival was so special they would be allowed to sell alcoholic beverages or are we opening the door for everyone else. She said she hates to see anything that has to be fueled by alcohol. She questioned the kind of message this would send to the children. Ms. Garris said she would rather see the City give a donation to Jazz Holiday than allow alcohol sales. Claude Miranda, associated with Jazz Holiday, spoke in support of the request indicating he has hauled garbage cans full of beer cans and other alcoholic beverage containers from the site. He felt allowing the sale of beer and wine would offer tighter control and those that wanted to bring in their own alcoholic beverages could be turned away. He suggested the Commission allow the request on a trial basis and pointed out Jazz Holiday is a responsible and careful organization. They would give an honest report on whether this was a success or failure. Robert Clark, stated if the pre-requisite for a successful economic event is alcohol, then it needs to be abandoned. Commissioner Thomas said approving the request may result in additional police officers being needed and asked if Jazz Holiday would be willing to pay a percentage of their alcoholic beverage sales to subsidize the additional officers. Mr. Stone agreed and felt 10% would be a reasonable figure. Commissioner Thomas expressed concern if the sale of beer and wine is allowed for Jazz Holiday, will the City be able to legally say no to others who want to do the same. The City Attorney indicated if this were set up as a special project he would be comfortable in defending it. Commissioner Thomas felt the request should be tried under very strict rules by checking coolers coming in and posting signs informing the public. The City Manager felt the cooler check could lead to problems and suggested the Jazz Holiday do the check. Commissioner Thomas suggested using commemorative mugs and bottle labels to help enforcement efforts. There was discussion regarding the possibility of enforcement being cumbersome for the police officers. It was pointed out Jazz Holiday provides security guards and in response to a question, it was indicated they could be given authority to confiscate. The City Attorney said this is a festive occasion and felt there could be a tremendous police enforcement problem. A question was raised whether coolers should be banned. Mr. Miranda said they could set up a checkpoint. He said he did not see a major problem due to the quality people the festival attracts. Commissioner Fitzgerald said he had no strong objection to beer and wine sales but was concerned regarding the control factor. He pointed out this premier event of the City has been growing without alcoholic beverage sales. He felt it would be a grave mistake to disallow coolers. He expressed concern the City may be opening the door to alcohol at other events and questioned whether anything would really be gained. Mr. Stone reviewed the financial condition of Jazz Holiday and in response to a question, he indicated the event costs approximately $200,000. Ms. Garris suggested the City giving Jazz Holiday $30,000. Mayor Garvey supported the sale of beer and wine on a one time trial basis. Commissioner Deegan expressed concern alcoholic beverage consumption would increase and the signal the Commission would be sending. He pointed out there is a prohibition on alcoholic beverage consumption on the bayfront. Commissioner Berfield said she sympathized with Jazz Holiday's position regarding sponsor support. She expressed concern in setting a precedent for other events. She did not agree with banning coolers. She did not feel $40,000 in additional funds would bring in better entertainment. She also expressed concern allowing the sale of alcoholic beverages would make it more difficult to control alcohol being brought in. Commissioner Thomas moved to test the sale of beer and wine in commemorative containers for one year for the 1993-94 Jazz Holiday with a 10% royalty being paid to the City by Jazz Holiday to cover additional costs. There was no second. Commissioner Thomas moved to give Jazz Holiday a $20,000 grant to help subsidize their program to enforce the alcoholic beverage law on the books. The motion was seconded. The City Manager asked this be carefully considered because the City has been in negotiations for a nationally televised broadcast, prime time network, on Clearwater Beach. He said alcoholic beverage sales are an issue in the negotiations. The seconder withdrew her second. No action was taken. b) (Cont. from 8/16/93) Commission Rules - Continued. c) (Cont. from 8/16/93) Beautification Committee recommendation re: parking on front lawns - Continued. d) (Cont. from 8/16/93) Police Department - location of main station; type of computer equipment - Continued. e) (Cont. from 8/16/93) Minutes Production (Court Reporter) - Continued. ITEM #35 - Other Commission Action Mayor Garvey asked the Commission to consider canceling their September 13, 1993 meeting to attend the Chi Chi Rodriguez opening. She said Governor Chiles was to be in attendance. The meeting was rescheduled to September 14, 1993, beginning at 9:00 a.m. with a joint Planning & Zoning Board meeting to discuss the alcoholic beverage code following at 12:00 p.m. The starting time for the September 16, 1993 Community Redevelopment Special Meeting has been changed to 4:30 p.m. ITEM #36 - Adjournment The meeting adjourned at 12:30 p.m. (8/20/93).