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04/20/1995 CITY COMMISSION MEETING April 20, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 20, 1995 at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Commissioner Michael R. Dallmann Commissioner J. B. Johnson Commissioner Absent: Fred A. Thomas Vice-Mayor/Commissioner Al so present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier City Engineer Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. ITEM #4 - Introductions and Awards Proclamations: Civitan Awareness Week - April 10 - 16, 1995. ReLeaf Day - April 22, 1995. The Mayor indicated the art work displayed in the Chambers was from Community Pride Day Care in celebration of the “Week of the Child.” ITEM #5 - Presentations a) Library Board - Annual Report Chair Tony Bacon presented the Library Advisory Board’s Annual Report. He said the 11 member board advises the Library Director and City Commission. Board recommendations approved by the Commission include: 1) increase in fines to $0.10 a day; 2) revised interlocal agreement with Pinellas Public Library Cooperative; and 3) installation of a security system. Items of board interest include: 1) installation of touch screen online computer bulletin boards at some branches; 2) revenues from doll collection sale used to purchase children’s materials; 3) start of Suncoast Freenet; 4) pilot program with Sunday hours at Main Library; 5) reinstating best seller rentals; 6) two computer classes for grandparents; 7) ongoing long range plan survey; and 8) access to Internet. Mr. Bacon read a letter from Hanover College Vice-President/Dean of Students complimenting the library’s quality. Mr. Bacon reported transforming a storage room on the Main Library’s third floor to administrative offices and a meeting room, permitted all public service functions to be housed conveniently together on the second floor. The Data base plus has been expanded extensively and the Pinellas Public Library Cooperative information center is now located at Clearwater’s Main Library. This data base has access to the biographical index CD ROM recently purchased by the Cooperative for the information center. Mr. Bacon said plans include: 1) public Internet access in all library branches; 2) early formulation of Fiscal Year (FY) 1995-96 projects; 3) scheduled summer meeting for budget review; 4) expansion of computer classes; 5) installation of computers for public use in all branches; and 6) use of CD ROM to teach art to children. Mr. Bacon said the Library’s membership in the Pinellas Public Library Cooperative has worked well. The Clearwater Public Library System issued 526 cards to Largo residents while Largo’s library issued 503 to Clearwater residents. Circulation increased 12%, less than the projected 22%. Mr. Bacon urged the Commission to continue their support of membership in the Cooperative. He felt optimistic a City candidate would be elected to the Cooperative’s board in July 1995. He said the library has grown to a great “State of the Art” library with the help of many dedicated people. b) Long Center 1995/96 budget - Mark Abdo At Mr. Abdo’s request, his presentation was postponed. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of April 6, 1995, 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 Roy Cadwell spoke in favor of amending Ordinance 301-7 to return control of private property back to owners. He expressed concern that purchasers of properties not meeting minimum standards are forced to spend money for upgrades. He said these decisions should be made by private owners, not a building department. He felt this ordinance is socialistic. Dina Atkins questioned if Jay Elliott’s statement had been included in the CDBG Grantee Performance Report (GPR). The City Manager indicated Mr. Elliott’s February 1992 10-page letter was included in the Fiscal Year (FY) 1992-93 GPR. His January 27, 1995 letter and Ms. Atkins comments were included in the FY 1993-94 GPR. Bob Wright said he had recommended that bikers and skaters be limited to the south side of Memorial Causeway to provide safety for walkers on the north side. He reported he was injured on April 16, 1995 on the causeway’s north side when he was thrown to the pavement by a bicycle rider. Elsie Mae Richardson said she lives in a bad neighborhood and has been fighting the situation since 1988. She reported her car and van windows were shattered two weeks ago after she witnessed a neighbor’s drug deal. Ms. Richardson requested Police action in her Plaza Park neighborhood to address drug dealers. David Grice stated Ms. Richardson is one of many neighborhood victims and expressed concern regarding drug dealing activities in the vicinity of Plaza Park. He indicated when the Police patrol the area, criminal activities are curtailed. He requested the City address code violations that exist at houses where drug activities occur. Mr. Grice requested that police reports note when drug arrests are made within 200 feet of Plaza Park, a designated “Drug Free Zone.” He said the neighborhood needs help and is held captive by homeowners who act illegally. David Campbell expressed concern regarding an increase in the time spent scrolling bulletin board items on C-View 35, rather than providing community affairs production. He complained the station does not adhere to its program schedule and expressed concern regarding video lost when tapes are switched during the recording of City meetings. Mr. Campbell requested the clock be displayed continuously during broadcast of the Commission meetings. He said turning it on and off is labor intensive and noted the clock is helpful as a reference point when reviewing tapes. PUBLIC HEARINGS ITEM #8 - Variance(s) to Sign Regulations for property located at 387 Mandalay Ave., Barbour Morrow Sub., Blk. A, Lots 23-25 (Homer Realty Co./Lappert's Ice Cream, SV95-20) (CP) The applicant requests two variances: 1) an area variance of 4.8 square feet from the permitted 22.5 square feet to allow 27.3 square feet of attached signs and 2) a ratio variance of 0.32 square feet of attached sign area per foot of building width to allow 1.82 square feet of attached sign area per foot of width. The subject property, north of Marianne Street on the east side of Mandalay Avenue, is zoned Beach Commercial. The variances are requested to permit existing attached signs to remain. The four small shops on this property are adjacent to Mandalay Avenue’s public sidewalk. This variance is for the southernmost occupancy, the ice cream shop. Special circumstances support approval of these variances. The allowable sign area is relatively small due to the business’ limited width. The variances are minimal. It is improbable a 4.8 square foot increase would be detectable by a casual observer. Approval of the variances will not degrade or otherwise affect the appearance of the Mandalay Avenue business district. William P. Goff, representative for the applicant, verified pictures of the property presented him by Central Permitting Director Scott Shuford. Commissioner Berfield moved to approve the following variances: 1) an area variance of 4.8 square feet from the permitted 22.5 square feet to allow 27.3 square feet of attached signs, and 2) a ratio variance of 0.32 square feet of attached sign area per foot of building width to allow 1.82 square feet of attached sign area per foot of width, on property identified as Lots 23, 24, and 25, Block A, Barbour Morrow Subdivision, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). The motion was duly seconded and carried unanimously. ITEM #9 - Variance(s) to Sign Regulations for property located at 23917 US 19N, Ehle Sub., Lot 1 and Hill-Top Sub., parts of Lots 6 & 7 (U-Haul of West Coast of Florida/U-Haul Co., SV95-21) (CP) The applicant is requesting an area variance of 37.6 square feet from the permitted 64 square feet to allow a freestanding sign with an area of 101.6 square feet. The subject property, south of Sunset Point Road on the east side of US 19N, is zoned General Commercial. The variance is requested to permit replacement of the existing sign. Most commercial properties fronting US 19N are assigned zoning of either Highway Commercial or Commercial Center. US 19N properties developed with a single commercial use or with commercial complexes with floor areas less than 25,000 square feet are normally zoned Highway Commercial with 64 square feet of permitted freestanding sign area. Commercial Center zoning is normally assigned to shopping centers with a floor area of 25,000 square feet or more and is permitted 112 square feet of permitting freestanding sign area. The U-Haul property is the only property within Clearwater fronting US 19N that is zoned General Commercial. An unintended effect of this zoning is a more restrictive sign area for the U-Haul property than other commercial properties on US 19N. Staff feels enforcement of the code would deprive the applicant of a reasonable use of this land. Limiting this property to 64 square feet of freestanding sign area when similarly situated properties are permitted 112 square feet would impose an unnecessary hardship on this applicant. Herb Schneider, representative for the applicant, verified pictures of the property presented him by Central Permitting Director Scott Shuford. Mr. Schneider said the variance would provide U-Haul the same opportunity to advertise as other area businesses. Commissioner Berfield questioned if a new sign was being installed. Mr. Schneider said the new sign is lower and smaller than the current sign. He said the additional size was needed because of the sign’s location in a low lying area and nearby obstacles. Commissioner Johnson moved to approve an area variance of 37.6 square feet from the permitted 64 square feet to allow a freestanding sign with an area of 101.6 square feet, on property identified as Lot 1, Ehle Sub., and parts of Lots 6 and 7, Hill-Top Sub., for meeting Sec. 45.24 Standards for Approval, items (1)-(4). The motion was duly seconded. Upon the vote being taken, Commissioners Dallmann and Johnson and Mayor Garvey voted “Aye”; Commissioner Berfield voted “Nay.” Motion carried. ITEM #10 - Variance(s) to Sign Regulations for property located at 645 Bayway Blvd., Bayside Sub. No. 5, Blk. B, Lot 5 (Doran, Trustee/Hungry Howie's, SV95-22) (CP) The applicant is requesting two setback variances for the freestanding sign: 1) a variance of three-feet from the required five-feet to allow a freestanding sign two-feet from Bayway Blvd. right-of-way, and 2) a variance of three-feet from the required five-feet to allow a freestanding sign two-feet from the west property line. The subject property, east of the S Gulfview Blvd. intersection, is zoned Beach Commercial. The variance is requested to permit the existing freestanding sign to remain. Within this zoning district, freestanding signs are allowed where buildings are at least 15-feet from the street right-of-way. The building is 53 feet from the right-of-way and a freestanding sign is allowed. The existing sign, two-feet from the west property line and two feet from the Bayway Blvd. right-of-way, does not satisfy the five-foot setback requirement. Moving the sign would require removing a parking space and would impose a hardship on the applicant. Kevin Kenneally, representative for the applicant, verified pictures of the property presented him by Central Permitting Director Scott Shuford. Mr. Kenneally said if he had to move his sign, he would need to replace it with one that is larger and taller. Commissioner Berfield moved to approve the following variances: 1) a variance of three-feet from the required five-feet to allow a freestanding sign two-feet from Bayway Blvd. right-of-way, and 2) a variance of three-feet from the required five-feet to allow a freestanding sign two-feet from the west side property line, on property identified as Lot 5, Block B, Bayside Sub. No. 5, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following conditions: By maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purposes. The motion was duly seconded and carried unanimously. ITEM #11 - Variance(s) to Sign Regulations for property located at 467 Mandalay Ave., Clearwater Beach Park 1st Add, Blk. B, N 15' of Lot 26 and all of Lots 27-31 and Clearwater Beach Park 1st Add Replat, Blk. A, Lots 9 & 10 together with vacated alley in between (JEC Funding, Inc./Eckerd Drugs, SV95-23) (CP) The applicant requests the following variances: 1) an area variance for attached signs oriented to Mandalay Ave. of 52.67 square feet from the permitted 48 square feet to allow 100.67 square feet, and 2) a variance of two wall signs oriented to Mandalay Avenue to allow five wall signs. The subject property is north of Papaya Street on the east side on Mandalay Avenue and is zoned Beach Commercial. The variance is requested to permit replacement of the existing signs. The Eckerd Drugs’ property fronts Mandalay Avenue and its rear adjoins Poinsettia Avenue. The property is entitled to 48 square feet of attached signs oriented to Mandalay Avenue and 48 square feet of attached signs and a 50 square foot freestanding sign oriented to Poinsettia Avenue. The applicant proposes 100.67 square feet of attached signs oriented to Mandalay Avenue, exceeding the code by 52.67 square feet. Staff feels special circumstances exist that support variance approval. The applicant proposes to forgo placement of a freestanding sign along Poinsettia Avenue and proposes to utilize only part of the attached sign allocation for the Poinsettia Avenue frontage. That one sign will be near the building’s southeast corner and measure 18.75 square feet, 29.25 square feet less than permitted. Staff feels the building’s 100 foot width is sufficient to support additional sign area along Mandalay Avenue. The 71.92 square feet of attached signs proposed for the building’s facade is less than the permitted maximum. Unlike other area buildings, Eckerd Drugs’s south wall is exposed to northbound Mandalay Avenue traffic. With the removal of the freestanding sign, the south wall becomes the most advantageous location to identify the property to northbound motorists. The applicant’s proposal to place two signs totalling 28.75 square feet oriented to northbound traffic is in keeping with the scale of the south building face. Because only three of the five wall signs oriented to Mandalay Avenue are located on the same building face, the existence of two more wall signs than the code allows will not cause the appearance of the property or area to be degraded. Ed Armstrong, representative for the applicant, verified pictures of the property presented him by Central Permitting Director Scott Shuford. Mr. Armstrong said the proposal is a result of discussions with staff regarding appropriate signage. Substantial remodeling and upgrading of the store is planned. Mr. Armstrong presented an artist’s rendering of the proposed signage on the building. The Mayor questioned if the current freestanding sign would remain. Mr. Shuford said that sign would be removed and the conditions forbid additional signage. The Mayor recommended including a condition that requires removal of the freestanding sign. Mr. Armstrong indicated that condition would be acceptable. Commissioner Berfield moved to approve the following variances: 1) an area variance for attached signs oriented to Mandalay Ave. of 52.67 square feet from the permitted 48 square feet to allow 100.67 square feet, and 2) a variance of two wall signs oriented to Mandalay Avenue to allow five wall signs on property identified as Clearwater Beach Park 1st Addition, Block B, north 15-feet of Lot 26, and all of Lots 27-31, and Clearwater Beach Park 1st Additional Replat, Block A, Lots 9 and 10, together with the vacated alley in between, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following conditions: No additional signs shall be placed on this property and the current freestanding sign shall be removed. The motion was duly seconded and carried unanimously. ITEM #12 - (Cont'd from 03/02/95) Public Hearing & First Reading Ord. #5771-95 - RPD Zoning for property located at 1550-1570 Jasmine Way, Druid Groves, Blk. A, Lots 7-12 & vacated right-of-way adjacent to west side of Lot 12; and Preliminary Site Plan (Clearwater Community Hospital, Z94-15) (CP) The subject property, one street south of Druid Road E on the north side of Jasmine Way, runs from Clearwater Community Hospital’s west property line to Crest Avenue. Last year, the north half of the block was rezoned to Multiple-Family Residential “Eight” and a conditional use for non-commercial parking, substantially completed and being used, was granted. The hospital purchased the remainder of the block and wishes to expand the parking lot. The original request was to rezone the south half of the block to Multiple-Family Residential “Eight” with a separate application for a conditional use for the proposed parking lot expansion. On February 14, 1995, the Planning & Zoning Board (P&Z) continued the public hearing to enable hospital staff and neighbors to discuss buffering the proposed expansion. An amendment resulted to request Residential Planned Development zoning with the single permitted use of non-commercial parking and the site plan was revised to include a six-foot high masonry wall along Jasmine Way, continuing up Crest Avenue for approximately fifty feet with buffered landscaping. Residents on the south side of Jasmine Way, across from the proposed parking lot, have indicated they do not want a sidewalk on the north side and have requested the masonry wall rather than a berm. The maximum height of 30 inches for a wall in residential districts can be modified by the City Commission through approval of the planned development zoning site plan. The remainder of the site plan is substantially the same as previously presented. A large Jacaranda tree, not shown on the plan, will apparently be removed because it is in the proposed parking area. The present rezoning is for the south half of the block, Phase II of the parking lot. Staff recommends as a condition of approval that the applicant be required to submit an application to rezone the north half of the block to Residential Planned Development with a permitted use of non-commercial parking and a single site plan for the whole area; i.e. the submitted site plan as it may be modified by the City Commission. On March 28, 1995, P&Z unanimously recommended approval subject to the listed conditions. Richard Katzeff, Clearwater Community Hospital CEO, said the hospital met with neighbors several times to address concerns regarding the hospital’s need to construct additional parking. He said the plan was good and would improve the overall neighborhood. Jim Shawn, architect, presented a rendering of the planned parking lot and six-foot masonry wall facing Jasmine and Crest and noted where he had worked landscaping into the design. He said he understood and will incorporate the conditions. Gerard Coleman said he lives 100 feet from the hospital property and is distressed and frustrated over this rezoning and the way it was handled. He said he was never notified of the rezoning. Mr. Coleman requested a grand jury investigation into this matter. He noted Clearwater Community Hospital is a subsidy of the largest hospital corporation in America. He expressed concern his property values will decline and taxes for all citizens would be increased if the land is rezoned for a parking lot. Since the parking is to be designated for employees only, he recommended allowing parking behind the YMCA. The Mayor questioned if a different zoning designation would be required to permit the construction of a six-foot wall. Mr. Shuford said this zoning is more restrictive than one that would permit a parking lot and six foot wall. The Mayor noted the hospital would have to return to the Commission before they could convert the land to any other use. The City Clerk said the City did extraordinary notification regarding this proposed zoning change. Mr. Coleman said he is resisting the request because he is concerned his house will end up in the middle of a parking lot and his property values will depreciate. He reiterated that adequate parking is available behind the YMCA and questioned why additional parking needs to be created. Commissioner Johnson moved to approve the application for Zoning Atlas Amendment to Residential Planned Development for Lots 8 through 12, Block A, Druid Groves together with, 1/2 of vacated street adjacent to the west side of Lot 12, and refer the site plan to the Development Review Committee subject to the following conditions: 1) permitted use shall be limited to non-commercial parking; 2) prior to issuance of a building permit, approval by the City Manager for not installing a sidewalk along the north side of Jasmine Way; 3) applicant to file application to rezone Lots 1 through 6 and adjacent vacated right-of-way on the west to Residential Planned Development incorporating the whole parking lot into a single RPD with a single approved site plan prior to issuance of building permit for Phase II of the parking lot; 4) prior to issuance of a building permit, approval of the City Engineer to use part of the right-of-way along Jasmine Way for landscaping in front of the wall; 5) applicant to show Jacaranda tree on the site plan prior to second reading; 6) the permitted parking shall be signed, electronically gated and managed during hours of operation for the exclusive use of the employees; 7) parking lot luminaries shall not exceed 12 feet in height and shall be directed downward with 90 degrees' cutoff features and away from residential areas; 8) hours of parking lot use shall be restricted to 6:30 a.m. until midnight daily; and 9) the parking lot facility shall be used for hospital employees only. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5771-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5771-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas ITEM #13 - (Cont'd from 02/02 & 03/16/95) Public Hearing & First Reading Ords. #5741-95 & #5742-95 - Land Use Plan Amendment to Commercial General & CPD Zoning for property located at 509 Bayview Ave. & 508 Meadow Lark Lane, McMullen Bayview Sub., Tract A, Blk. 3, Lots 1 & 2 and S 1/2 of right-of-way to the N (R. Roy Meador, LUP93-43, Z93-54) (CP) The applicant has requested a continuance until May 4, 1995. A concerned neighbor, in a March 30, 1995 letter, has indicated no objection to continuing this item for a final time. Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously. ITEM #14 - (Cont'd from 04/06/95) Public Hearing & First Reading Ord. #5788-95 - Vacating 10' east/west alley lying in Blk. E, Plaza Park Addition, less W 100', subject to City retaining a full width drainage & utility easement (City, V95-01) (CP) The City requests vacating the 10-foot east/west alley lying in Block “E,” Plaza Park Addition. Community Neighborhood Housing Services has built several homes on Hart Street that abut the alley proposed by this vacation. Vagrants have been using the alley to camp and cut through residents’ backyards. The vacation will allow residents on both sides of the alley to fence in their yards to a common back property line. The alley vacation will remove this land from City ownership and it will become taxable property. The west 100 feet of this alley was not included with the right-of-way vacation because an existing home with a garage apartment requires access from this alley. The City has no utilities within the unpaved alley. This petition has been reviewed by various City Departments and there are no objections. Public utilities have reviewed this request and have no objection to this vacation provided a utility easement is retained full width. Staff recommends approval. In the Plaza Park Subdivision, most of the alleyways are paved, and in some cases are used as the main access for small apartments. Two area alleyways in Blocks C and D are grassed and appear to never have been used as roadways. Mr. Shuford said staff can bring forward vacation requests and address these alleys in the future. Commissioner Johnson moved to approve the City-initiated vacation of the 10-foot east/west alley lying in Block “E,” Plaza Park Addition less the west 100 feet subject to the City of Clearwater retaining a full width drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5788-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5788-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallman and Garvey. "Nays": None. Absent: Thomas Consensus was for staff to initiate vacations of the two grass alleys in Blocks C and D. ITEM #15 - Public Hearing & First Reading Ord. #5792-95 - LDCA re fences in structural setback area for waterfront property (Single Family zones only)(LDCA 95-03) (CP) Citizens who own waterfront property have approached staff regarding fencing in back yards for the safety of children and pets. This ordinance would permit non-opaque fences up to 36 inches in height on waterfront, single family residential properties within the structural setback area. Staff proposes restricting fences to non-opaque materials (chain link or picket). The Planning and Zoning Board (P&Z) and Development Code Adjustment Board (DCAB) unanimously endorsed this ordinance with comments: 1) P&Z - a) no restrictions on chain link fence material, and b) the side extensions of fences should be allowed to go over the seawall to restrict pedestrian traffic, and 2) DCAB - a) no use of chain link fencing materials, and b) fences should not be installed on the tops of seawalls. The Mayor questioned what changes had been made to the ordinance. Mr. Shuford said, based on Commission direction, the ordinance will permit fences to be a maximum of 36 inches above the seawall and could be built on the seawall. If there is no seawall, the fence’s maximum height would be 36 inches. Commissioner Berfield questioned if existing fences would be grandfathered. Mr. Shuford said they would. Commissioner Dallmann referred to DCAB’s recommendation against use of chain link fencing materials. Mr. Shuford said staff had considered their recommendation. Regarding concerns about the water view, Mr. Shuford suggested chain link materials are more opaque than pickets Commissioner Dallmann moved to approve the code amendment concerning fences in waterfront setbacks. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5792-95 for first reading and read it by title only. Commissioner Dallmann moved to pass Ordinance #5792-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #16 - Public Hearing & First Reading Ord. #5817-95 - LDCA re Design Review Board (LDCA 95-01) (CP) The City Manager indicated a request had been made to pull this item from tonight’s agenda. Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously. ITEM #17 - (Cont'd from 04/06/95) Public Hearing & First Reading Ord. #5766-95 - LDCA re revisions to receipt and referral and other related requirements (LDCA95-05) (CP) The City Manager indicated a request had been made to pull this item from tonight’s agenda. Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded. Bob Wright expressed concern regarding plans to eliminate City Commission review of all site plans less than 25 acres in size. He requested his letter from Clipper Cove be made part of the record (Exhibit A). Mr. Wright said staff made several errors when approving the Cutter Cove Townhouse Development: 1) the plan had no provision for stormwater runoff on the north side or east sides where Cutter Cove abuts Clipper Cove property; 2) the proposed townhouses were five feet off Clipper Cove’s property lines on the north and east where City Code calls for fifteen feet; 3) the site plan used Clipper Cove’s south driveway without permission and indicated Clipper Cove’s south parking lot would be used for Cutter Cove’s overflow parking; and 4) none of the residents in Clipper Cove’s 184 units was notified of the proposed construction of Cutter Cove. He said Clipper Cove’s property has been subjected to erosion and flooding. He said he has had poor results from his attempts to work with Central Permitting. He expressed concern that Cutter Cove has negatively affected his property values. Mr. Wright invited the Commission and senior staff to visit this site before approving the ordinance. He requested the flooding and erosion problems be remedied. Mr. Wright recommended the City Commission review all site plans greater that five acres or with more than eight units. The Mayor indicated staff will reply to Mr. Wright’s letter. Mr. Shuford said the ordinance will provide greater public notice as all sites will require a 24 square foot sign explaining development plans and providing a City phone number for citizens to express concerns and ask questions. Upon the vote being taken, the motion carried unanimously. Public Hearing - Second Reading Ordinances ITEM #18 - Ord. #5766-95 - LDCA re revisions to receipt and referral and other related requirements (LDCA95-05) No action was taken as the first reading, scheduled for April 6, 1995, was continued to April 20, 1995. ITEM #19 - Ord. #5770-95 - Establishing a Neighborhood and Affordable Housing Advisory Board (NAHAB) The City Attorney presented Ordinance #5770-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5770-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #20 - Ord. #5787-95 - providing for assessment of 10% surcharge on curbside recycling provided to customers outside the municipal limits of Clearwater The City Attorney presented Ordinance #5787-95 for second reading and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5787-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #21 - Ord. #5789-95 - Vacating westerly 5' of a 10' easement lying in Lot 99, Woodgate of Countryside - Unit Two, less southerly 5' (Gauthier/Callahan, V95-02) The City Attorney presented Ordinance #5789-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5789-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #22 - Ord. #5790-95 - Vacating 10' sanitary sewer easement lying 5' each side of a line parallel to and 182' easterly of the northerly extension of the west line of Blk. 3, Town of Bay View Sub., a/k/a McMullen's Bayview Sub. (Meador, V95-03) The City Attorney presented Ordinance #5790-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5790-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #23 - Ord. #5796-95 - Annexation for property located at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19 acres m.o.l. (Nenadovich, A94-30) The City Attorney presented Ordinance #5796-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5796-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #24 - Ord. #5797-95 - Land Use Plan Amendment to Residential Low for property located at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19 acres m.o.l. (Nenadovich, LUP94-36) The City Attorney presented Ordinance #5797-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5797-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #25 - Ord. #5798-95 - RS-8 Zoning for property located at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19 acres m.o.l. (Nenadovich, A94-30) The City Attorney presented Ordinance #5798-95 for second reading and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5798-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #26 - Ord. #5799-95 - Annexation for property located at 1748 Ragland Ave., Clearwater Manor Sub., Lot 53, together with abutting right-of-way of Ragland Ave. (Downin, A94-29) The City Attorney presented Ordinance #5799-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5799-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #27 - Ord. #5800-95 - Land Use Plan Amendment to Residential Low for property located at 1748 Ragland Ave., Clearwater Manor Sub., Lot 53, together with abutting right-of-way of Ragland Ave. (Downin, LUP95-35) The City Attorney presented Ordinance #5800-95 for second reading and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5800-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #28 - Ord. #5801-95 - RS-8 Zoning for property located at 1748 Ragland Ave., Clearwater Manor Sub., Lot 53, together with abutting right-of-way of Ragland Ave. (Downin, A94-29) The City Attorney presented Ordinance #5801-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5801-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #29 - Ord. #5802-95 - Amending Secs. 52.02 & 52.34, amending definition of "Department," amending process for receiving & scheduling appeals to the Development Code Adjustment Board (re Tree Protection) The City Attorney presented Ordinance #5802-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5802-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #30 - Special Items of widespread public interest - None. ITEM #31 - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #32-48) - Approved as submitted less Items # 32, 36, and 41. ITEM #32 - See page 17. ITEM #33 - Contract with Bryant, Miller & Olive, P.A. for City's Bond Counsel, for a 3 year period (FN) ITEM #34 - Contract with Nabors, Giblin & Nickerson, P.A. for City's Disclosure Counsel, for a 3 year period (FN) ITEM #35 - Guaranty Agreement between Florida Gas Transmission and Clearwater Gas System as a member of the Municipal Gas Authority of Florida (MGAF), for Phase III natural gas volumes (GAS) ITEM #36 - See page 17. ITEM #37 - Accept title to Lot 34, Blk. E, First Addition to Sunset Point, a/k/a 1872 Springtime Avenue, by Quitclaim Deed from Henry G. Cisneros, Secretary of HUD, in lieu of payment of $6,016 structure demolition cost incurred by the City, subject to formal closing & issuance of title insurance at an estimated $125 (EN) ITEM #38 - Reuse Water Agreement with Sylvan Abbey Memorial Park Inc. & Clearwater Land Company (EN) ITEM #39 - Department of the Army Consent to Easement to cross intracoastal waterway with the Clearwater Harbor Force Main Replacement (EN) ITEM #40 - Easement Agreement with Florida Power Corp. (FPC) for water well & water main construction and maintenance within FPC right-of-way adjacent to NE Coachman Rd., subject to conditions, for $1 (EN) ITEM #41 - See page 17. ITEM #42 - Preliminary Plat for Park Place Outparcels located on N side of Gulf to Bay Blvd., on E & W sides of Park Place Blvd., Sec. 17-29-16, M&B 23.10 & 24.05; authorize DRC to approve final plat subject to it being recorded prior to issuance of a Certificate of Occupancy for any of the buildings (Lincoln Commercial Properties, Inc.) (CP) ITEM #43 - Final Site Plan for Religious Community Services (RCS) Emergency Housing Project located at 1552 & 1558 S. Myrtle Ave., subject to DRC conditions (RCS, PSP95-03) (CP) ITEM #44 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 1812 Brentwood Dr., Lake Lela Manor, First Add., Lot 8, 0.36 acres m.o.l. (Jeffrey J. & Kolleen Elliott, A95-05, LUP95-06) (CP) ITEM #45 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, Lot 8 together with abutting r-o-w of Carolina Ave. & abutting alley to the N, 0.15 acres m.o.l. (Jeffrey M. & Billie C. Wilkerson, A95-06, LUP95-07) (CP) ITEM #46 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.l. (Allen M. & Ann R. McMullen, A95-07, LUP95-08) (CP) ITEM #47 - Sanitary sewer lien agreement - 2446 Nursery Rd. (Rivera) (CA) ITEM #48 - Sanitary sewer lien agreement - 1531 Laurel Dr., Nob Hill Sub., Lot 3 (Lugo) (CA) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #32, #36 and #41 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #32 - Contract with Raymond James & Associates, Inc., to be City's Financial Advisor for a period of 3 years (FN) AND ITEM #41 - Agreement for professional engineering services with Post, Buckley, Schuh & Jernigan, Inc., for a term of 5 years (EN) The City Manager indicated a request had been made to pull these items from tonight’s agenda. Commissioner Berfield moved to continue Items #32 and 41 until May 4, 1995. The motion was duly seconded and carried unanimously. ITEM #36 - Request for road closure - Church of Scientology (CM) On May 5, 1995, the Church of Scientology anticipates approximately 3,000 persons will attend a religious retreat at the Fort Harrison Hotel and have requested permission to close one southbound lane of S. Ft. Harrison Ave. between Pierce and Franklin Streets from 6:00 p.m. until midnight to help ensure the safety of participants. Off duty police officers will be hired to assist with pedestrian safety and traffic control. A Special Event application was filed with Parks & Recreation. It was indicated this type of closure had been approved previously. Commissioner Berfield moved to grant the right to the Church of Scientology to shut the outside, southbound lane of S. Ft. Harrison Avenue between Pierce and Franklin Street on May 5, 1995 from 6:00 p.m. until 12:00 a.m. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #49 - Res. #95-37 - designating an area within the City as the City of Clearwater Enterprise Zone (ED) To provide necessary incentives to attract private sector investment, the City should limit fiscal and regulatory constraints and identify ways to facilitate business investment. Any county or municipality with an area of chronic high unemployment, physical deterioration, and extreme disinvestment may apply to the Florida Department of Commerce to designate an Enterprise Zone after completing the nomination procedure. The first requirement in designating an Enterprise Zone is adoption of this resolution. Bob Kenney, Chair of the Enterprise Zone Development Committee, said each block group within the Enterprise Zone must have a minimum poverty rate of 20% and the overall poverty rate for the zone must be at least 30%. One third of the households within this designated Enterprise Zone live at or below the poverty level. All but two of the block groups have poverty rates of 29% or greater. The area exhibits chronic levels of general distress. Twelve percent of the households receive public assistance, a rate three times higher than the City as a whole. Mr. Kenney said the proposed zone is the maximum area allowed under State guidelines and is the most distressed part of the community where property values are declining. The area has a high concentration of substandard housing, commercial vacancy, unemployment and poverty. Mr. Kenney said the objective, over the ten-year period of the Enterprise Zone, is to provide quality affordable housing, bring all residential and commercial structures into code compliance, encourage new business, expand existing business, and create jobs for zone residents. It is anticipated that $94-million will be invested in the zone’s commercial, industrial, and residential property in the ten-year period. Local tax incentives are worth approximately $3-million over ten years. Only $70,000 per year represents current revenue. Investment from the private sector must occur before any tax incentive eligibility becomes effective. Economic Development Director Alan Ferri said the Enterprise Zone legislation being considered tonight and on May 4, 1995 is the product of six-months of work by over 20 volunteers. He reported the Enterprise Zone Development Committee, the Planning & Zoning Board, and a public hearing held April 19, 1995 all recommend adoption of the entire area. The Mayor questioned if the State could cut out certain areas if Clearwater’s Enterprise Zone is approved. Mr. Ferri said the State would either approve or deny the entire zone. The City Manager stated Commissioner Thomas had requested she note his opposition to including the whole area as outlined by staff. She said staff will work with Commissioner Thomas to address these concerns. Commissioner Dallmann expressed concern that the Enterprise Zone will overlap the CRA district. He noted the Enterprise Zone has a tax abatement program while the CRA provides tax increment financing. He requested clarification. Mr. Ferri said the Strategic Plan for the Enterprise Zone identifies all business properties in the CRA district that are eligible for property tax abatement. Instead of granting an abatement of ad valorem taxes, the Economic Development Department will lend the business owner the equivalent of the dollar value of the abatement from the Economic Development Loan Fund. Tax increment financing revenues generated by the CRA will not be impeded. The City Attorney said the Commission cannot delay addressing the resolution until May 4, 1995, because the ordinance to be adopted subsequently refers to the area adopted in this resolution. Mayor Garvey recommended including all areas that meet the criteria. Commissioner Johnson moved to approve creation of the Enterprise Zone. The motion was duly seconded. Commissioner Dallmann expressed concerns regarding the resolution. He approved the idea of an Enterprise Zone but felt the legislation was rushed due to time constraints. Mayor Garvey reiterated that block areas qualifying to be in the Enterprise Zone should not be excluded. Commissioner Berfield questioned if all the blocks are adopted, would the City address one block area at a time. Mr. Ferri said the 13 areas are census block zones. Although State legislation requires Clearwater to use census block groups for delineation, the City will treat the Enterprise Zone as a whole. The Mayor noted the incentive program requires property owner commitment. Mr. Ferri said most incentives do not trigger until a property owner has committed to an investment that would result in increased values and ad valorem taxes. Commissioner Dallmann questioned if all this resolution does is establish the area. Mr. Ferri indicated that was all. Commissioner Dallmann noted if the Commission denies the second reading of Ordinance #5815-95, this resolution would be moot. Mr. Ferri agreed. Commissioner Johnson questioned if the Enterprise Zone could be extended to the east side of Ft. Harrison. Mr. Ferri said staff discussed that suggestion with State officials who indicated legislation is specific regarding where the line has to be drawn. The east side of N. Ft. Harrison currently cannot be included. Commissioner Berfield noted one census block would be surrounded by the proposed Enterprise Zone. Mr. Ferri noted that census block does not meet the eligibility criteria established by State legislation. Commissioner Berfield questioned if that block could be absorbed into the Enterprise Zone. Mr. Ferri said it is possible future legislation will permit the City to amend boundaries. Commissioner Berfield expressed concern that property in that block available for redevelopment would not qualify for incentives. Mr. Ferri noted the boundaries of the old Enterprise Zone program were amended twice by legislation. The Mayor said if Clearwater does not submit the application, the City cannot quality as one of the six designated zones. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Resolution #95-37 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-37 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #50 - First Reading Ord. #5815-95 - creating the City of Clearwater Enterprise Zone Development Agency (ED) After adopting Resolution #95-37, the City Commission must create a public body corporate and politic to be known as an Enterprise Zone Development Agency (EZDA). The agency shall be constituted as a public instrumentality, and the exercise by an EZDA of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The powers and responsibilities of the EZDA are: 1) to employ staff, subject to funding availability; 2) to assist in the development and implementation of the strategic plan for the Area; 3) to oversee and monitor implementation of the strategic plan for the Area; 4) to adopt a set of bylaws to govern meetings and other activities; 5) to file with the City Commission and with Florida’s Auditor General, on or before March 31 of each year, a report of its activities for the preceding fiscal year, including a complete financial statement; 6) to make quarterly reports to the City Commission evaluating progress in implementing the strategic plan for the Area; 7) to identify and recommend to the City Commission ways to remove regulatory barriers; 8) to identify to the City Commission the financial needs of, and local resources or assistance available to, eligible businesses in the Area; 9) to review, process, and certify applications for State enterprise zone tax incentives pursuant to SS 212.08(5)(g); 212.08(5)(h), 212.08(15), 212.096, 220.181, and 220.182; 10) to provide assistance to businesses and residents within the enterprise zone; 11) to promote the development of the enterprise zone; 12) to borrow money and apply for and accept advances, loans, grants, contributions; 13) to appropriate such funds and make such expenditures as are necessary to carry out the purposes of this act; 14) to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this section; 15) to procure insurance or require bond against any loss in connection with its property in such amounts and from such insurers as may be necessary or desirable; 16) to invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for this act; 17) to purchase, sell, or hold stock, evidences of indebtedness, and other capital participation instruments; 18) to invest in community investment corporations; and 19) to submit to the Florida Department of Commerce prior to December 1 of each year a complete and detailed written report summarizing the activities of the fiscal year. Prior to the Area being designated as an Enterprise Zone by the Florida Department of Commerce, the City Commission must create an EZDA pursuant to Section 290.0056 of the Florida Statutes, Florida Enterprise Zone Act of 1994. Economic Development Director Alan Ferri said the language regarding the creation of an EZDA was lifted from State statues. Commissioner Dallmann said to keep the process going, he would vote for this Ordinance tonight but wanted staff to address his concerns prior to second reading. He noted language in the ordinance gives broad powers to the EZDA. He expressed concern that it would be difficult for Commissioners to remove members. The City Attorney said EZDA’s powers and the appointment method are established by State statute. Commissioner Dallmann expressed concern that the legislation causes some Commission rights to be transferred to the EZDA. He noted provisions make it difficult to replace a member. The four City representatives comprise less than 1/3 of the board. The Mayor agreed it was frustrating but there was not much the City can do. Mr. Ferri noted EZDA powers are established by State statute. The City Attorney noted her version of Ordinance #5815-95 differs from Commissioner Dallmann’s. The Commission recessed from 8:05 to 8:20 p.m. The City Attorney indicated the Commission had the correct version of the ordinance. Commissioner Berfield noted if the EZDA is established, the agency could borrow or loan money. She expressed concern the agency would have a broad base of authority. The City Attorney said the authority is granted by ordinance but the Commission would have budget and funding control. Mr. Ferri said the EZDA would be charged with implementing the Strategic Plan approved by the City Commission. Commissioner Berfield questioned if the City Commission or EZDA would be liable for financial or legal problems the EZDA may incur. The City Attorney indicated EZDA would be an independent board but the City would have some responsibility for oversite. Commissioner Berfield questioned how the Enterprise Zone would be funded. Mr. Ferri said neither the Strategic Plan nor this Ordinance requires the City to give the EZDA any funding. The EZDA is responsible for overseeing the implementation of the Strategic Plan and reviewing applications to be certain established criteria have been met. Commissioner Berfield questioned if the program consists only of incentives for tax abatement and no money is involved. Mr. Ferri said unless the City Commission decides to make money available to the EZDA, the agency will not have funding. Commissioner Berfield questioned if the EZDA’s only responsibility will be to decide if a business in the Enterprise Zone qualifies for incentives. Mr. Ferri indicated that was correct. Commissioner Berfield expressed concern regarding the possible mismanagement of funds. Mr. Ferri said the agency could only have funds to administer if the City Commission allocated them. He indicated Economic Development would probably provide staff support for the agency. Commissioner Berfield questioned the origin of funds to loan new businesses money to pay CRA ad valorem taxes. Mr. Ferri said that money would come from the City’s Economic Development loan pool. According to the Strategic Plan, if a business eligible for property tax abatement is located in the CRA, rather than grant an abatement, the EZDA will instruct Economic Development to lend the dollar amount they would have been eligible for in property tax abatement. The CRA’s tax increment financing receipts will not be impeded by this procedure. Deputy City Manager Kathy Rice said the City could lend CDBG funds controlled by the Economic Development department. Mr. Ferri said the funds will be lent to provide the City more control over the business. Commissioner Dallmann questioned if the money would be given to the agency. Mr. Ferri said it would be lent directly to the business. Commissioner Dallmann expressed concern that provisions of the ordinance do not coincide with Mr. Ferri’s explanation. Mr. Ferri said the Strategic Plan and Ordinance control what the EZDA can do. Making loans in lieu of abatement to properties in the CRA is included in the Strategic Plan. Commissioner Berfield questioned if the City Commission can include language in the Strategic Plan that states the EZDA cannot borrow money, apply for or accept loans, etc. Mr. Ferri said the State may view those restrictions as contravening their intent. He felt no one would lend money to the EZDA as it has no assets or revenue. The Mayor noted each community may handle their enterprise zones differently. Mr. Ferri said the City Commission has the option to give assets to the EZDA. Commissioner Johnson questioned if the EZDA would employ an Executive Director if the agency is formed. Mr. Ferri recommended the City Commission direct the EZDA to use the Economic Development Department for staff. Commissioner Johnson referred to EZDA’s responsibility #11, “to promote the development of the enterprise zone,” and noted the cost of mailing. Mr. Ferri said he recommends that money be included in Economic Development’s budget for FY 1995-96. Commissioner Johnson noted expenses for operating the Enterprise Zone would cost the City money. Mr. Ferri stated postage is an expense he currently incurs. Commissioner Dallmann questioned if the City is committing to a utility tax credit. Mr. Ferri said, under the Strategic Plan, a five-year utility tax credit is proposed for expanding and developing businesses in the Enterprise Zone. Commissioner Berfield said if the Strategic Plan were in place, the Commission would have a clearer idea regarding the proposed commitment. Mr. Ferri said the State has prescribed the order in which the City creates the agency and then adopts the plan. Commissioner Berfield questioned if the other applicants have passed their legislation. Mr. Ferri said the other cities are covered by the same rules. He indicated Clearwater is the only city applying for the two remaining spots with voter approval of a referendum granting the City Commission the ability to grant property tax exemption for the Enterprise Zone. Commissioner Dallmann questioned if this Enterprise Zone legislation was new. Mr. Ferri said it is new and the number of statewide Enterprise Zones is limited to 20. Commissioner Berfield expressed concern regarding joint partnerships and noted problems the City has had with defining responsibilities. She noted the City will be unable to control this new agency. Mr. Ferri said the City Commission has appointment and removal authority over the EZDA. Commissioner Dallmann said changing the membership would require the City Commission to “jump through many hoops.” Mr. Ferri noted the City Commission controls the Strategic Plan, which is the agency’s implementing guideline. Mayor Garvey questioned if term limits should be included in this ordinance or be a part of the Strategic Plan. Mr. Ferri thought term limits could be stipulated at the time of appointment. The City Attorney said the City did not make any additions to the ordinance outside the extremely specific State Statutes. Term limits could be established in the resolution to appoint members. Commissioner Dallmann questioned if the Commission could approve this ordinance conditionally. Mr. Ferri said final adoption of the ordinance must be made by May 4, 1995 as the application deadline is May 5, 1995. Commissioner Berfield questioned why the ordinance is so late being presented to the Commission. Mr. Ferri said the documents were put together over the past six months. David Grice said commercial development borders his neighborhood on three sides and questioned if the Enterprise Zone concept encourages areas to be rezoned from residential to commercial. Mayor Garvey said the City plans to make the current commercial area more viable and protect residential areas. Mr. Grice questioned if the Parks & Recreation facility will remain on Vine Avenue. The City Manager said there are no plans to move that facility. Mr. Grice questioned if bars can open along the railroad tracks in the Enterprise Zone. Commissioner Berfield noted the Enterprise Zone has nothing to do with zoning regulations. Mr. Grice expressed concern that Enterprise Zone designation not encourage people to change residential zoning to commercial uses. As a homeowner and landlord, Mr. Grice questioned if he would qualify for the program. Mr. Ferri said several items in the Enterprise Zone legislation can benefit owners of residential properties. They would be eligible for the occupational license tax exemption. Property improvements would qualify for the excemption of sales tax on the first $5,000 spent per parcel. Mr. Grice said his neighborhood wants to encourage more owner occupied homes. He hated to see investors encouraged to buy blocks of houses in the Enterprise Zone. The Mayor noted investors must spend their own money to qualify for a tax rebate. Mr. Ferri said the Strategic Plan includes a goal to produce 400 owner occupied housing units in the Enterprise Zone. No incentives have been established for multi-family or rental housing development. The plan calls for the Community Response Team to bring all properties in the Enterprise Zone up to code compliance within five years. Tom Sehlhorst said the City should have a development plan for certain areas and expressed concern that the ground should be level for everyone. He suggested the City should offer additional incentives for development away from downtown. He said it is more likely the State will approve the application if the City first installs new sidewalks, landscaping and lighting. He said sidewalks on Cleveland have been completed and recommended continuing these improvements into the worst part of town. He said Clearwater needs more City participation with bricks and mortar. He said the Greenwood, Myrtle, and Ft. Harrison areas do not benefit from organizations such as the CRA or Downtown Development Agency. He expressed concern that incentives were being stacked up for a part of town that does not need them. The Mayor said all census blocks in the Enterprise Zone need redevelopment. Commissioner Dallmann moved to create the City of Clearwater Enterprise Zone Development Agency pursuant to the Florida Enterprise Zone Act of 1994; provide for the powers and responsibilities of said agency; establish a Board of Commissioners for said agency; provide for the composition, terms of office, compensation, meeting rules and officers of said Board of Commissioners; repeal all ordinances, or parts of ordinances, in conflict herewith; provide for severability; provide an effective date and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5815-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5815-95 on first reading. The motion was duly seconded. Commissioner Berfield said she would vote for the ordinance but expressed concern that the legislation is being rushed. Commissioner Dallmann indicated he shared that concern. Upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #51 - First Reading Ord. #5816-95 - re City's Enterprise Zone Development Agency; appointing Board of Commissioners, designating a Chair and Vice-Chair (ED) It was indicated appointment of this board will be done by Resolution at the next meeting. Commissioner Berfield moved to withdraw Item #51. The motion was duly seconded and carried unanimously. ITEM #52 - Res. #95-39 - establishing Fiscal Year 1995-96 Housing Assistance Plan (ED) Commissioner Dallmann moved to establish a Local Housing Assistance Plan for FY 1995-96. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-39 and read it by title only. Commissioner Dallmann moved to pass and adopt Resolution #95-39 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas ITEM #53 - Budget for leasehold improvements 1st & 3rd floors, Harborview Center restaurants (CM) AND ITEM #54 - Assignment of lease from PGA Tour Associates-I, Ltd. to Balboa Enterprises, Inc., for the PGA's interest as "Lessee" under lease dated 11/12/85, between the Chi Chi Rodriguez Youth Foundation (Lessor) and PGA (Lessee) (PR) AND ITEM #55 - Appointment of Vice-Mayor (CLK) AND ITEM #56 - Appointment of Commissioners to various regional & misc. boards (CLK) The City Manager indicated a request had been made to pull Items #53, 54, 55 and 56 from tonight’s agenda. Commissioner Berfield moved to continue Items #53, 54, 55 and 56 until May 4, 1995. The motion was duly seconded and carried unanimously. ITEM #57 - Airport Authority - 2 appointments (CLK) Commissioner Berfield moved to appoint Stephen Bills. The motion was duly seconded and carried unanimously. Commissioner Dallmann moved to appoint Gary Benjamin. The motion was duly seconded and carried unanimously. ITEM #58 - Beautification Committee - 1 appointment (CLK) Commissioner Johnson moved to appoint Thelma Blasko. The motion was duly seconded and carried unanimously. ITEM #59 - Development Code Adjustment Board - 1 appointment (CLK) The City Manager indicated a request had been made to pull this item from tonight’s agenda. Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously. ITEM #60 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #61 - Resolutions a) Res. #95-34 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #95-34 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-34 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. b) Res. #95-36 - Demolition Lien - 1136 Engman St., Greenwood Park No. 2, Blk. D, Lot 51 (Troy D. Payne, Jr.) The City Attorney presented Resolution #95-36 and read it by title only. Commissioner Dallmann moved to pass and adopt Resolution #95-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. c) Res. #95-30 - accepting franchise of City of Port Richey for purpose of furnishing gas within Port Richey The City Attorney presented Resolution #95-30 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-30 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. d) Res. #95-42 - Urging congress to support the assault weapon ban and reject all efforts to weaken or repeal the law The City Attorney presented Resolution #95-42 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-42 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Dallmann and Garvey. "Nays": None. Absent: Thomas. ITEM #62 - Other City Attorney Items Attorney/Client Meeting The City Attorney requested an attorney/client meeting regarding Bryant versus the City. The meeting was scheduled for May 1, 1995 at 9:00 a.m. Litigation Updates Mayor Garvey questioned if the Commission wants copies of the City Attorney’s litigation update. The City Attorney indicated she completes a monthly update for office use. The quarterly update is done only for the Commission. Consensus was that copies of monthly updates from the City Attorney’s office will be forwarded to each Commissioner in place of quarterly reports. ITEM #63 - City Manager Verbal Reports Harborview Center Walk Through It was reported the April 20, 1995 Harborview Center walk-through had been cancelled. C-View 35 In response to Mr. Campbell’s comments under “Citizens to be Heard regarding Items not on the Agenda,” City Manager Elizabeth Deptula reported the City had received complaints that the continuous clock during City Commission meetings is distracting. The clock is now shown every five minutes for one minute. Because meetings are shorter, more time is spent scrolling the bulletin board. Ms. Deptula referred to the gap that occurs when video tapes are changed. She indicated this gap will remain due to a decision that staff time is used more effectively on other projects rather than spending six to eight hours monitoring the copying of the video tapes of meetings. She noted audio tapes of the meetings contain no gaps. Commissioner Berfield questioned the effort required to turn the clock on and off. The City Manager agreed manual manipulation is required but noted the complaints received. The majority of the City Commission agreed with current procedures. Tourist Tax The City Manager stated Commissioner Thomas had requested she bring up his request that the Commission go on record opposing an increase to the tourist tax. The Mayor noted the Commission cannot make a decision regarding the proposed increase although she agreed the Commission should address it. Commissioner Berfield said she opposes an increase in the bed tax and stated no one in the City favors it. She said other options for raising funds for the ThunderDome should be explored. Consensus was to send a letter opposing a tourist tax increase. ITEM #64 - Commission Discussion Items - None. ITEM #65 - Other Commission Action Commissioner Johnson expressed concern regarding letters referring to disturbances on the beach. The City Manager reported the Police Chief has scheduled a meeting with the hotel/motel owners to discuss. A report will be prepared for the Commission. Commissioner Dallmann suggested Item #16, the Ordinance regarding Receipt & Referral and other Central Permitting procedures, be broken into separate issues. The City Manager indicated staff would work on that request. Mayor Garvey said when the Commission agreed to advertise in the Clearwater Gazette & Beach Views, the newspaper’s owner had indicated the paper would be covering the City. She indicated the paper does not cover City news. The Mayor recommended reconsidering the advertising agreement and reviewing how much money the City has already spent on advertising in the Clearwater Gazette & Beach Views. Commissioner Johnson expressed an interest in that discussion. Commissioner Dallmann recommended advertising on C-View would reach the whole City. Commissioner Berfield indicated one citizen has stated she appreciates the placement of advertisements in the Clearwater Gazette & Beach Views because it is a free paper. There was majority agreement to agenda this as a discussion item. ITEM #66 - Adjournment The meeting adjourned at 9:12 p.m.