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08/03/1995 CITY COMMISSION MEETING August 3, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 3, 1995 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner William Justice Commissioner Also present: Elizabeth M. Deptula City Manager William C. Baker Assistant 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 Assistant City Manager William C. Baker. 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 - None ITEM #4 - Introductions and Awards - None ITEM #5 - Presentations a) Update on Chamber of Commerce Activity Ann Wilkins Duncan, Chair of the Chamber of Commerce Board, reported on Chamber activities. The Chamber helps promote new business and relocation. She said the Chamber worked with the League of Women Voters to educate Clearwater residents regarding local elections. The Chamber expanded tourism by sponsoring a familiarization trip for travel agents from Chicago and Atlanta and one for guest services personnel from Orlando. Ms. Duncan reported the Chamber has helped protect area businesses by developing a disaster preparedness business manual. She said the Chamber has promoted regionalism by attending Tampa Bay Day in Tallahassee to discuss regional issues and sponsoring a breakfast as a forum to provide input to legislators. She said good interaction has occurred between the Chamber, the City Commission and City staff. The Chamber has supported the Bucs and will sponsor a game to bolster efforts to encourage the team to stay. The Chamber supports business to business networking and holds the national record for the highest number of new members among like sized Chambers. The Chamber has promoted Clearwater to travel agents in major cities in Minnesota, Illinois, Wisconsin, Pennsylvania and Missouri. The Chamber also joined the Internet. With the City’s help, the Chamber has sponsored Sunsets at Pier 60 and beach volleyball events. The Chamber supports a volleyball hall of fame. The Chamber honored more than 700 teachers at an appreciation breakfast. The Chamber welcomes visitors at two Clearwater visitor centers and distributes 125,000 visitor guides each year. The Chamber also offers low cost group insurance to small businesses. Ms. Duncan said the Chamber looks forward to planning a beach cleanup to Polish the Sparkle. She announced two upcoming events: Taste of Clearwater on September 27, 1995 from 5:30 to 7:30 p.m. and the Morton Plant Bayside Boogie 5K, 10K and fun run on October 14, 1995. Ms. Duncan thanked the Commission for their input and support. b) Annual Parks & Recreation Appreciation Award Steve Miller, Recreation Superintendent, presented the Parks & Recreation Appreciation Award to Joe Corbett of WYUU-92 for enhancing leisure activities in Clearwater. Letter of Recognition Chief Sid Klein presented a letter of recognition to John Chittenden who observed a strong-armed robbery in downtown Clearwater on June 25, 1995, and then chased and detained the suspect. ITEM #6 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of July 20, 1995, and the special meetings of July 17, 1995, and July 26, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Nicholas Papadopoulas said he sent a letter of intent to Globe Facility Services regarding the third floor Harborview restaurant on May 1, 1995. He said he called the City at the end of June for additional information and learned staff had not received his letter. He met with the City on July 15 after the letter was found and was given only two working days to complete the proposal. He said this item was #59 on the July 20, 1995 agenda and he was misinformed regarding the time it would be addressed. He requested the opportunity to be heard. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #5873-95 - CG Zoning for property located at 1969 Sunset Point Rd., Pinellas Groves Sub., SW 1/4, part of Lots 1 & 2 (Sauder, Z95-03) The property is approximately 350 feet west of N. Hercules Avenue. The applicants currently operate a beauty shop and wish to obtain a zoning change to operate a beauty school. The property's present zoning, Neighborhood Commercial, does not allow beauty schools. It is proposed to rezone the subject property Commercial General. The Future Land Use Plan Classification of Commercial General would not be changed. Property along Sunset Point Road west of N. Hercules Avenue has a mix of land use categories: Commercial General, Limited Office, Institutional, Residential Low, and Limited Industrial. Sunset Point Road, classified as a major County collector road, is being improved to four-lanes. Neighborhood Commercial zoning is restrictive and does not provide for expanding existing uses or likely future uses of the property. The proposed zoning can provide the range of uses necessary for this nonresidential area to thrive. The subject property is divided by a 100-foot wide street right-of-way that will provide zoning protection to adjacent low density residential uses to the northwest. Staff will recommend a City initiated rezoning of the other Neighborhood Commercial (CN) property on this corner. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed Zoning Atlas Amendment. The Mayor expressed concerns that Sunset Point Road not be stripped for commercial development but noted the west side of the road is zoned commercial by the County. She felt it made no sense to refuse the same type of zoning on the east side. Commissioner Johnson moved to approve the application for Zoning Atlas Amendment to General Commercial (CG) for part of Lots 1 & 2, Pinellas Groves Subdivision, SW 1/4. The motion was duly seconded Commissioner Berfield questioned if the City had received input from the residential development or nursing home across Hercules. Central Permitting Director Scott Shuford indicated none was received. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #5873-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5873-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #9 - Public Hearing & First Reading Ord. #5874-95 - CPD Zoning for property located at 705, 707, 709 & 711 Jasmine Way, Magnolia Park, Blk. 31, Lots 2-5 (Smolensky and Kornreich, Z95-04) The subject property is approximately 150 feet north of Magnolia Drive. The applicants recently purchased four lots on the southwest corner of S. Myrtle Avenue and Jasmine Way. The properties’ south side abuts an approved Adult Congregate Living Facility (ACLF) also owned by Mr. Shaughnessy. The property has a Future Land Use Plan Classification of Commercial General. The applicants propose to modify their certified site plan (Magnolia Manor - PSP 94-14) to incorporate these lots under a single site plan. The applicant has proposed a new parking configuration to the north and changing existing parking to open space. No expansion of the existing ACLF facility has been proposed. The applicants also wish to obtain a zoning change for the four lots and bring the total development under one zoning district. The property to the south is zoned Commercial Planned Development and the four lots are zoned Neighborhood commercial. It is proposed to rezone them Commercial Planned Development similar to the existing use. The Future Land Use Plan Classification of Commercial General would not be changed. The permitted and conditional uses for this Planned Development are those uses permitted in a Neighborhood Commercial District plus Congregate Care Facilities and Level 1 and 2 Group Care Facilities. It is proposed to have the same permitted and conditional uses for the subject property. Patrick Shaughnessy, applicant, said the first building is complete and the certificate of occupancy was issued this week. He said the project is beautiful. Commissioner Berfield moved to approve Application for Zoning Atlas Amendment to Commercial Planned Development (CPD) for Lots 2, 3, 4, and 5, block 31, Magnolia Park. The motion was duly seconded. Commissioner Thomas questioned why staff is proposing to circumvent the four-acre size requirement established in the code. Mr. Shuford recommended recognizing the footprint of the existing buildings and accommodating the current uses. Commissioner Thomas questioned if there was another way to proceed. Mr. Shuford indicated a code change could have been pursued. Commissioner Thomas expressed concern regarding the City circumventing the base law. He noted the FINA station will be coming forward with the same issue and expressed concern approval of this request would establish a precedent. The City Attorney said the City Commission would not be bound to approve the FINA site because they approved this one. Commissioner Thomas questioned if the criteria for approval established by staff for this property differs from the criteria staff established regarding the FINA property. Mr. Shuford indicated both properties meet staff’s criteria for approval. Commissioner Thomas reiterated his concerns regarding establishing a precedent. Mr. Shuford said staff encourages the use of Commercial Planned Development (CPD) to accommodate this type of situation. He suggested the City Commission may want to address the code as staff has found many properties smaller than four acres that would benefit from CPD zoning which allows commercial use while protecting residential areas. Commissioner Thomas requested CPD zoning be agendaed for a future Work Session. The Mayor noted the code is flexible to allow smaller appropriate properties to be given CPD designation. Commissioner Johnson said he had questions regarding the four-acre minimum but agreed it made sense to bring the whole development into one classification. Mayor Garvey noted this is not the first property smaller than four acres zoned CPD. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #5874-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5874-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #10 - Variance(s) to Sign Regulations for property located at 25749 US 19N, Cypress Point Shopping Center, Lot 3 (Home Savings of America, SV93-68) The applicant requests the following variances: 1) a height variance of 22 feet from the permitted 20 feet to allow the bank a freestanding sign 42 feet high and 2) an area variance of 37 square feet from the permitted 126 square feet to allow the bank attached signs with a total area of 163 square feet. The subject property, on the east side of US 19N south of Enterprise Road, is zoned Commercial Center. The variance is requested to permit the existing freestanding and attached signs to remain. The bank’s 42 foot freestanding sign is more than double the maximum allowance of 20 feet. According to the application, the additional height is necessary for the sign to remain visible above the treetops. Staff feels this condition can be overcome by moving the sign 40 feet closer to the property line and US 19N. No prohibition against placing a sign in the 40 foot wide right-of-way easement adjacent to US 19N exists. Relocation of the sign would alleviate visibility problems and facilitate compliance with the 20-foot height limit. The bank has four attached signs: two 66 square foot signs near the roofline; a 7 square foot canopy sign over the automatic teller machine; and a 24 square foot logo on the wall. The total area of these signs is 163 square feet, 37 square feet more than allowed by code. Several conditions support granting the variance for the attached signs. The impact will be minimal. The signs are oriented in different directions and are far from the public right-of-way: two signs on the building’s west side are approximately 90 feet from the right-of-way and two signs on the building’s north side are approximately 140 feet from the right-of-way. Signs on the building’s north side cannot be seen by northbound traffic on US 19N. All signs are obscured to varying degrees by numerous trees. Tim Green, representative of the applicant, verified photographs of the property presented him by Mr. Shuford. Commissioner Johnson felt the requested variances were too large. He did not feel either request should be approved. Commissioner Thomas moved to deny a height variance of 22 feet from the permitted 20 feet to allow a freestanding sign 42 feet high, on property identified as Lot 3, Cypress Point Shopping Center plat, for failure to meet Sec. 45.24 Standards for Approval, items (1)-(4) and moved to approve an area variance of 37 square feet from the permitted 126 square feet to allow attached signs for a total area of 163 square feet on property identified as Lot 3, Cypress Point Chopping Center plat, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Thomas, Justice and Mayor Garvey voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. ITEM #11 - Public Hearing & First Reading Ords. #5870-95, #5871-95 & #5872-95 - Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 109 Meadow Lark Lane B, Bayview City Sub., Blk. 2, Lots 1 & 2 and abutting alley to South (Kadlec, A95-14, LUP95-16) The subject property is approximately 400 feet east of Bayview Avenue and 750 feet west of McMullen-Booth Road. The applicant wishes to annex to obtain City sanitary sewer service available on Meadow Lark Lane and Virginia Avenue. The property is contiguous to existing City limits. The property, a nonconforming duplex, will remain a nonconforming structure after annexation. The 16-foot alley on the property’s south side is platted but is not open. Lots in Bayview City Subdivision in the City have a Future Land Use Classification of Residential Urban and are zoned Single Family Residential "Eight," except the property to the northwest is zoned Mobile Home Park. The County Future Land Use Classification for this parcel is Residential Urban. It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Urban, and zoning of Single Family Residential "Eight." The Engineering Department recommends including the abutting alley to the property’s south with this annexation. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Berfield moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single Family Residential "Eight" for Lots 1 & 2, Block 2, Bayview City Subdivision including the abutting alley to the south of the property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5870-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5970-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5871-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5971-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5872-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5972-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. B, Lot 7 (Booth, A95-15, LUP95-17) The applicant has requested this item be continued. Commissioner Thomas moved to continue this item to a date uncertain. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ords. #5878-95, #5879-95 & #5880-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 412 Oakmount Rd., Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, A95-17, LUP95-19) The property is approximately 280 feet east of Belcher Road and 140 feet south of Sharkey Road. The applicants wish to annex to obtain City sanitary sewer service available on Sharkey Road. The property is contiguous to existing City limits. Lots in Oakmount Subdivision in the City have a Future Land Use Plan Classification of Residential Low and zoning of Single Family Residential "Six." The County Future Land Use Plan Classification for this parcel is Residential Low. This subdivision has a mixture of Future Land Use Classifications. It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Low, and zoning of Single Family Residential "Six." The Engineering Department recommends including the portion abutting Oakmount Road right-of-way between Lot 2 and the west side of Lot 9 with this annexation. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Berfield moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single Family Residential "Six" for Lot 2, Oakmount Subdivision and the portion abutting Oakmount Road right-of-way lying between Lot 2 and the west side of Lot 9. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5878-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5878-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5879-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5879-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5880-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5880-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #14 - Public Hearing & First Reading Ords. #5881-95, #5882-95 & #5883-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 1236 Kapok Circle, Kapok Forest, Lot 14 (Sario and Hassell, A95-18, LUP95-20) The subject property is approximately 450 feet west of McMullen-Booth Road and 530 feet east of Landmark Drive. The applicant wishes to annex to obtain City sewer service for the existing single family residence. The property is contiguous to the City limits. Area residential property in the City is zoned Single Family Residential "Eight." This subdivision has a mixture of Future Land Use Classifications. Lots in the City have a Future Land Use Plan Classification of Residential Low, Open Space/Recreation, and zoning of Single Family Residential "Eight." It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Low, and zoning of Single Family Residential "Six." The applicant’s property meets the minimum dimensional requirements of a Single Family Residential "Six" lot. The Engineering Department recommends against annexing the abutting right-of-way at this time. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Thomas moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single Family Residential "Six" for Lot 14, Kapok Forest Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5881-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5881-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5882-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5882-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5883-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5883-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #15 - Public Hearing & First Reading Ords. #5884-95, #5885-95 & #5886-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 1238 Brookside Dr., Meadow Creek Sub., Blk. C, Lot 10 (Coulter, A95-19, LUP95-21) The subject property is approximately 700 feet east of Keene Road and 140 feet south of Meadow Lane. The applicants wish to annex to obtain City sewer service available along Beverly Circle North and Brookside Road. The property with the existing single family residence is contiguous to the City limits. An existing utility shed, located on the north property live of the subject property, is non-conforming and would conflict with the City side setback requirement. The established side setback requirement for the proposed zoning district is 10 feet. The shed will not be removed but will remain as an existing non-conforming structure requiring future compliance with the City Code if it is replaced. The Countywide Future Land Use Plan Category for this parcel is Residential Low. It is proposed to assign the same City Future Land Use Category to the applicants’ property. Lots in Meadow Creek Subdivision in the City and the subdivision to the south (Lake Lela Manor First Division) are zoned Single Family Residential "Four." It is proposed to assign the same zoning to the applicants’ property. The applicants’ property meets the minimum dimensional requirements of a Single Family Residential "Four" lot. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Justice moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Single Family Residential "Four” for Lot 10, Block C, Meadow Creek Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5884-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5884-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5885-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5885-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5886-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5886-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #16 - Public Hearing & First Reading Ords. #5749-95 & 5750-95 - Comprehensive Plan & LDCA's re PPC Consistency Program In June 1994, the Pinellas Planning Council (PPC) determined the City’s Comprehensive Plan and Land Development Code (LDC) were consistent with the Countywide Plan. Since then, PPC staff has compared the maps more closely and identified approximately 100 inconsistencies between the City’s map and theirs. Only 17 inconsistencies require amendments. The majority require changes to the Countywide map and some are scrivener’s errors. On July 20, 1995, the City Commission approved Resolution #95-5, authorizing the PPC to make the changes to the Countywide map. As part of the Consistency Program, the City reclassified single family subdivisions based on actual density although associated zoning modifications would be necessary. Ordinance #5750-95 includes language for each zoning district in the Land Development code that will restrict density by the land use plan classification when it is more restrictive than the assigned zoning district. The PPC found this approach acceptable for Pinellas County. Other housekeeping items associated with the consistency program are included. The City entered into an agreement with PPC last year for mapping services and can purchase colored land use plan maps created by the Pinellas County Property Appraiser’s computerized mapping system for $7 per map. The PPC will authorize these maps for distribution once map inconsistencies are resolved. Amendments to the Comprehensive Land Use Plan will be submitted as a regular bi-annual submission to the State Department of Community Affairs (DCA). To be guaranteed two regular bi-annual submissions next year, the City must obtain State approval of this submittal before the end of this year. Commissioner Johnson moved to approve the Comprehensive Plan and Land Development Code Amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5749-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5749-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5750-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5750-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #17 - Ord. #5832-95 - Annexation for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.l. (McMullen, A95-07) The City Attorney presented Ordinance #5832-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5832-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #18 - Ord. #5833-95 - Land Use Plan Amendment to Residential Low for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.l. (McMullen, LUP95-08) The City Attorney presented Ordinance #5833-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5833-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #19 - Ord. #5834-95 - 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. (McMullen, A95-07) The City Attorney presented Ordinance #5834-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5834-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #20 - Ord. #5841-95 - Amending Ch. 29, relating to occupational licenses (re tax structure and appendix A, Fees, Rates & Charges) The City Attorney presented Ordinance #5841-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5841-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #21 - NOT PUBLIC HEARING - Res. #95-52 - dissolving the Occupational License Equity Study Commission The City Attorney presented Resolution #95-52 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-52 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #22 - Ord. #5860-95 - Amending Div. 18 of Ch. 40 - providing for revised requirements for the North Greenwood Commercial District; Amending Sec. 41.053 to address conditional use supplementary standards for 2 conditional uses in the district The City Attorney presented Ordinance #5860-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5860-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #23 - Ord. #5861-95 - Annexation for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot 20 (Rowe, A95-12) AND ITEM #24 - Ord. #5862-95 - Land Use Plan Amendment to Residential Low for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot 20 (Rowe, LUP95-14) AND ITEM #25 - Ord. #5863-95 - RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot 20 (Rowe, A95-12) Due to an advertising error, these ordinances need to be continued. Commissioner Thomas moved to continue Items #23, #24 and #25 to August 17, 1995. The motion was duly seconded and carried unanimously. ITEM #26 - Ord. #5864-95 - Annexation for property located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5 (New Zion Missionary Baptist Church, A95-13) The City Attorney presented Ordinance #5864-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5864-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #27 - Ord. #5865-95 - Land Use Plan Amendment to Residential Low for property located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5 (New Zion Missionary Baptist Church, LUP95-15) The City Attorney presented Ordinance #5865-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5865-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #28 - Ord. #5866-95 - RS-8 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5 (New Zion Missionary Baptist Church, A95-13) The City Attorney presented Ordinance #5866-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5866-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #29 - Ord. #5868-95 - restricting the practice of "cruising" or unnecessary repetitive driving The City Attorney presented Ordinance #5868-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5868-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #30 - Special Items of widespread public interest - None. ITEM #31 - Citizens to be heard re items not on the Agenda Kaz Rolewski expressed concern regarding foreclosures on four small beach hotels. He said the beach still needs a lot more help and recommended the City generate more advertising dollars. He said beach business owners need all the support they can get. Dr. Kenneth Rosenow thanked the City Commission for the special meetings held this summer to address beach issues. He complimented the City’s new video and reported travel agents were impressed with the film during his recent trip to Michigan. He said he arranged meetings with representatives of Northwest Airlines and indicated the airline may design tours specifically to the smaller beach hotels from Northwest’s hub in Detroit. He hoped the City Commission would schedule additional beach meetings. Marysia Coates thanked the City Commission for their cooperation. She expressed concern that European tourists are hampered by a lack of signage when travelling to Clearwater from Miami or Orlando, especially after a long transatlantic flight. Georgette Gillis said she promotes hotel and motel sales internationally and expressed concern regarding the current market. She recently returned from Europe and expressed concerns that tourists in Germany and England seem unaware of Clearwater or its location. She suggested the City Commission needs to be sensitive to motel owners because many properties are for sale. CITY MANAGER REPORTS CONSENT AGENDA (Items #32-44) ITEM #32 - Contract for development of & training on interactive, multimedia software for use in a City Information Kiosk to Silver Image, Inc., Clearwater, FL, for $36,000; authorize related expenditures of $8,100 for computer hardware & cabinet, for a total of $44,100 (IM) ITEM #33 - Construct parking lot on Pinellas County School Board property, behind the North Greenwood Library, at Holt & Palmetto, for joint use by the library branch and school, for $60,000 (LIB) ITEM #34 - Second Amendment to License Agreement with GTE Mobilnet to allow 2 additional antennas to be installed on elevated water tank of Del Oro Park, an additional cabinet & equipment adjacent to existing GTE building, and an increase in annual rental fees (PW) ITEM #35 - Interlocal Agreement with SWFWMD for construction of a retrofit stormwater treatment area at Clearwater Mall (EN) ITEM #36 - Easement & Maintenance Agreement with Holland Westshore, Inc. for construction of a retrofit stormwater treatment area at Clearwater Mall (EN) ITEM #37 - Interlocal Agreement with SWFWMD for construction of an Allens Creek experimental water quality treatment demonstration project at Clearwater High School; approve City related expenditures of $150,000 (EN) ITEM #38 - Contract for consultant services to Parsons Engineering Science, Inc., Tampa, FL, to develop a comprehensive watershed management plan for the Alligator Creek watershed, for $496,964 (EN) ITEM #39 - Contract for 1995 Miscellaneous Construction Projects to Keystone Excavators, Inc., Oldsmar, FL, for $393,400 (EN) ITEM #40 - Approve request by Westshore Alliance, Inc. for temporary closing of SR 60 for 3rd annual "Causeway Commuter Classic" to be held November 12, 1995 on the Courtney Campbell Causeway (CM) ITEM #41 - Approve request by Chamber of Commerce for closure of two access routes on & off SR 60 for the Morton Plant Hospital Bayside Bridge Boogie to be held October 14, 1995 (CM) ITEM #42 - Approve extension of Sunsets at Pier 60 on an ongoing basis (CLK) ITEM #43 - 15' Drainage & Utility Easement - Highland Estates of Clearwater, 1st Addition, Blk. F, part of Lot 1 (Maxwell) (CA) ITEM #44 - 10' Water Main Easement and ingress/egress easement - part of Sec. 6-29-16 and part of Lot 1, 1-29-15, Pinellas Groves Sub. (R.K.M. Development Corp.) (CA) Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Approve leasing 2,500 square feet of Harborview Center ground floor to Pickles Plus Too, Inc., for establishment of a restaurant, consisting of a 5-year initial term with 3 additional 5 year option terms; authorize an expenditure of $100,000 (reimbursable) for completion of the restaurant, funded by a $100,000 loan from the Harborview Center Fund (CM) It is proposed to lease 2,500 square feet of the first floor of the Harborview Center for Pickles Plus Too, Inc., to establish a deli type restaurant. The lease’s term will be an initial five year period with three additional five-year optional periods. Pickles Plus Too will be responsible for payment of real property taxes and assessments and will operate under an agreement summarized as follows: The City will: 1) Provide, at its sole expense, a 2,500 square foot, first floor, basic restaurant “shell” and utility stub-outs, consisting of perimeter walls (primed), cement floor, finished ceiling, utilities brought to shell area and completed bathrooms; 2) provide at its initial expense with reimbursement as later described, all interior walls, carpentry, finishes, utility distribution, furniture, fixtures, decorations, utensils, equipment, etc., necessary to completely establish the restaurant, excepting that the City’s total expenses, including architect and contractor fees, shall not exceed $100,000. Expenses in excess of $100,000 will be immediately borne by the Lessee; and 3) provide at its sole expense, a 12 by 50 foot “patio” or “cafe” area for the free and exclusive use of the Lessee as an outdoor seating area. The “patio” area may be furnished by use of the reimbursable construction funds and will be operated at the sole expense of the Lessee. The Lessee will: 1) pay the City, as basic rent, the sum of $10 per square foot of rental space ($25,000 for the first year) plus applicable sales tax, in monthly installments of $2,083.33 plus sales tax; and to pay each succeeding year, for the term of the lease, basic rent increasing by 3% per year, plus sales tax on the increase. Obligation to pay rent does not commence until three months after the City issues a certificate of occupancy; 2) pay the City, as additional rent, an annual amount equal to 6% of Lessee’s gross receipts over $575,000; 3) pay the City, as a common area maintenance fee, a sum equal to $2 per square foot of rented space ($5,000 per year) monthly; and 4) pay the City, as reimbursement of funds expended to accomplish the finishing and equipping of the restaurant (capped at $100,000), an amount equal to 50% of the cost of such work (cannot exceed $50,000) in monthly payments amounting to $4 per square foot of leased space ($10,000 per year or $833.33 per month) over the initial five year term period; and shall pay the City, as reimbursement of the remaining 50%, at the same rate per month over the first option period. Funding will be provided by a loan from the Harborview Center Fund for $100,000, which is in effect a borrowing from the Consolidated Cash Pool resulting in an initial deficit cash position for the Harborview Operating Fund. The City Manager said the changes requested by the City Commission have been made and the applicants agree with the changes. Commissioner Thomas referred to page 8 and noted the contract gives Pickles Plus the right to serve the first floor trade show facilities but no agreement has been established regarding the terms and conditions of that service. He recommended reestablishing the first right of refusal in the contract. Assistant City Manager William Baker said that phrase was removed at the request of Pickles Plus’ attorney. Commissioner Thomas said the current language mandates Pickles Plus to serve food on the trade show floor. Mr. Baker said there should not be a problem with amending the language as the attorney indicated he made the change to limit negative language. The consensus was to amend the contract by reinstating the original language regarding first refusal. Commissioner Johnson suggested ending the first sentence in section 29 on page 17 after “in competition with Lessee.” Mr. Baker said the language should refer to the whole building instead of the leased premises as the City does not intend to permit another delicatessen type restaurant in the Harborview Center. He suggested using the term “on the premises” to refer to the whole building. The City Attorney agreed the language must be specific as it could apply to food vendors hired by presenters. Commissioner Thomas expressed concern that if Pickles Plus refuses to sell food, no other vendor could be hired to feed conventioneers. He recommended protecting Pickles Plus and leaving the language as it stands. Commissioner Berfield was uncomfortable with that recommendation. The City Attorney noted the language refers to competing food. She noted there may be a problem bringing in sandwiches from elsewhere. She said if Pickles Plus refuses to deal with the promoter, the promoter can make other arrangements. The consensus was to leave the language as it is. Commissioner Berfield moved to approve the leasing of 2,500 square feet of the Harborview Center ground floor to Pickles Plus Too, Incorporated, for the establishment of a restaurant consisting of a five year initial term with three additional five year option terms, and authorize an expenditure of $100,000 (reimbursable) for the completion of the restaurant, funded by a loan in the amount of $100,000 from the Harborview Center Fund including reinstatement of the original language on page 8. The motion was duly seconded and carried unanimously. ITEM #46 - Direction regarding 3rd floor Restaurant at Harborview Center (CM) Commissioner Thomas referred to Mr. Papadopoulas’ comments during Citizens to be Heard and questioned if the City had locked an applicant out of the bidding process. Mr. Baker said the business opportunity was open to everyone. He noted the City Commission’s direction to Deputy City Manager Kathy Rice that staff not negotiate with the other party. The Mayor noted Mr. Papadopoulas submitted his proposal late. Commissioner Thomas said the City Commission had given staff that direction because staff had reported that Mr. Papadopoulas’ proposal was one day late. Commissioner Thomas said if what Mr. Papadopoulas said is true, the City needs to act honorably and consider his proposal. The City Manager did not have complete information but indicated the process was structured and had requested information by a specific date. Only one proposal was received by that date. Commissioner Thomas said he did not want negotiations delayed but requested staff check if the City did anything wrong regarding Mr. Papadopoulas’ proposal. If not, he recommended going forward with current negotiations. He recommended a three-year contract for $60,000/a year and beginning renegotiations for another contract after two and a half years. Commissioner Johnson moved to rescind the action of July 20, 1995, authorizing staff to negotiate an agreement contract based on concepts presented at that meeting, with Scheller and Benton for establishing a restaurant on the third floor of the Harborview Center. The motion was duly seconded and carried unanimously. Consensus was to direct staff to negotiate based on Commissioner Thomas’ recommendations. The City Manager noted the City is leasing a fully furnished restaurant on the third floor. Commissioner Thomas noted the agreement calls for the City to complete $300,000 of leasehold improvements. He felt if the restaurant uses Clearwater in its name, the name should stay with the property. Commissioner Berfield suggested protecting the name, Harborview, too. Commissioner Thomas agreed and recommended registering that name. ITEM #47 - First Reading Ord. #5887-95 - CGS - Gas Rate Case (GAS) Chuck Warrington, Managing Director of Clearwater Gas System (CGS), said the requested increase would be the first one since 1985 and is based on the cost of service study completed by Coopers & Lybrand LLP. The 8% overall increase is less than the 43% CPI increase during the past 10 years. The proposed increase will occur in two phases: October 1, 1995 and October 1, 1996. Mr. Warrington reviewed the current rate structure for all customers who use natural and propane (LP) gas. In comparing CGS’s rates with other utilities, he indicated Clearwater’s current residential rates are lower than average. After the proposed phased increase, rates would increase to the middle of the spectrum, but remain less than the full cost of service. Mr. Warrington indicated CGS’s commercial customers pay one of the highest rates in the country. He proposed to decrease rates for small, medium and large commercial consumers. Mr. Warrington compared the cost of CGS gas with other gas utilities and noted after the increase, CGS’s rates will remain below costs for electricity and propane gas and will be similar to the rate charge by People’s Gas after the Phase II increase. He noted CGS needs to compete with lower priced oil for large commercial customers. Mr. Warrington reviewed a copy of a bill and explained the new gas rate structure that includes: monthly customer charges; 13 natural gas rate schedules; 6 LP gas rate schedules; 4 adjustment clauses; and a contract schedule. He said the monthly customer charge will increase from $4 to $5 and will no longer include three free therms. He reported the cost per therm will increase from $0.80 to $0.808. Mr. Warrington requested the Commission approve policy changes: 1) allow a 6% Clearwater payment in lieu of taxes on natural gas revenues versus a 4.5% system-wide pilot on all revenues; 2) increase dividend from $1-million to $1.25-million until net income exceeds $2.5-million per year; 3) exclude bond interest from applicable net income; and fix the interfund administrative charge until the net income, less bond interest, exceeds $2.5-million per year. Commissioner Berfield referred to the proposed policy change and questioned if CGS would not pay interfund administration charges until they reached the $2.5-million mark. Mr. Warrington said the proposal requests that the payment be fixed at the current level until their net revenue exceeds $2.5-million at which point CGS would pay as other utilities. He hoped to stabilize CGS’ payments. Commissioner Berfield questioned if this is done for other enterprise funds. The City Manager indicated the formula is calculated in the budget book and will result in CGS saving a couple hundred thousand dollars a year. She said CGS is the only enterprise fund that does not pay the full calculation. Commissioner Thomas felt the City is getting more than its fair share. Mr. Warrington noted CGS pays dividends while other enterprise funds do not. Commissioner Thomas moved to approve new gas utility rates with Phase I to become effective for all billings rendered on or after October 1, 1995, and Phase II to become effective for all billings rendered on or after October 1, 1996, and approve Commission policy changes regarding the Gas System’s Utility Support and Interfund Administrative Charge contributions to the City’s General Fund and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5887-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5887-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #48 - Res. #95-62 - authorizing City Manager or designee to establish and adjust library fines and fees (LIB) The City Attorney presented Resolution #95-62 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-62 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #49 - Res. #95-63 - authorizing City to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the Florida Department of Agriculture & Consumer Services; approve City matching funds of $18,400 (EN) The City Attorney presented Resolution #95-63 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-63 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #50 - Beautification Committee - 1 appointment (CLK) Commissioner Johnson moved to appoint Pamela Fleming. The motion was duly seconded and carried unanimously. ITEM #51 - Library Board - 1 appointment (CLK) Commissioner Thomas moved to appoint David Waddell. The motion was duly seconded and carried unanimously. The Commission recessed from 8:00 to 8:02 p.m. ITEM #52 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #53 - First Reading Ordinances a) Ord. #5869-95 - Amending Sec. 2.60(3), relating to term of members of the Environmental Advisory Board The City Attorney presented Ordinance #5869-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5869-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. b) Ord. #5888-95 - Relating to the Community Redevelopment Agency; providing for repeal of Ords. #2576-81 & #3021-83, which adopted and amended the redevelopment plan for downtown Clearwater; providing for proper notice The City Attorney presented Ordinance #5888-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5888-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #54 - Resolutions a) Res. #95-64 - urging Time Warner to divest itself from its commercial entanglements with those "Artists" who are recording violent and vulgar lyrics The City Attorney presented Resolution #95-64 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-64 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #55 - Other City Attorney Items - None. ITEM #56 - City Manager Verbal Reports The City Manager indicated the City Commission needed to appoint a voting delegate for the Florida League of Cities meeting in Orlando, August 17 -19, 1995. Commissioner Thomas moved to appoint Mayor Garvey as the City’s voting delegate to the August Florida League of Cities meeting. The motion was duly seconded and carried unanimously. The City Manager noted that City Commission salaries have remained stagnant since 1980. She indicated this is the last chance for the City Commission to increase the rate until April 1998. Commissioner Thomas said he had no interest in increasing the salary levels. Commissioner Johnson questioned if a study had been done to determine if an increase is warranted. The Mayor noted City Commission salaries have not increased in 15 years. Commissioner Berfield pointed out the cost of living has increased more than 40% since 1985. Commissioner Thomas said the job would have to pay $50,000 to fairly compensate Commissioner’s for their work and noted citizens would strongly object to a large increase. He felt service on the Commission is a donation of a Commissioner’s time. He recommended Commissioners view their efforts as citizen service rather than seeking just compensation. Mayor Garvey said the salaries did not have to be increased to the extreme and questioned if compensation should be higher. Commissioner Justice agreed the amount of work required by City Commissioners is worth more than the level of compensation but did not think the salaries should be increased. Commissioner Johnson said he knew the amount of compensation when he ran for Commissioner and was satisfied with the level. The majority of the Commission did not want the salary levels of Commission members to increase. The City Manager noted the August 2, 1995 budget worksession was canceled due to inclement weather (Tropical Storm Erin). She distributed a utility stuffer regarding the proposed 1995/96 budget. It was agreed to extend the August 9, 1995 budget worksession to 5:30 p.m. and schedule an additional date only if needed. The City Manager thanked City employees who worked so hard during the storm. Commissioner Johnson said he appreciated the City Manager’s efforts and thanked her. The Mayor thanked all City employees on behalf of the City Commission. ITEM #57 - Other Commission Action Commissioner Johnson noted audience members in attendance to address an item on the Consent Agenda. Connie Vasquez expressed concern regarding Alligator Creek and said she was glad to see something is being done. The Mayor noted the City Engineer is the contact person for that project. Commissioner Berfield referred to a memorandum from John Doran regarding the tourist tax and a copy of an article addressing specific allotments permitted to individual cities in another Florida county. The City Manager indicated staff is investigating why rules regarding the distribution of these funds may differ from county to county. Commissioner Berfield questioned if staff has replied to the proposal for a 1950's and 1960's music festival. The City Manager indicated they have. Commissioner Thomas requested an update on the City’s request for additional funds the Convention and Visitors’ Bureau. The City Manager said staff is reviewing all data to develop a persuasive presentation. She said staff is gathering strong letters of support from downtown businesses. She indicated the information will be presented for Commission approval at September’s first meeting. Commissioner Thomas recommended gathering City-wide letters of support. Commissioner Johnson questioned if staff planned to personally visit the bureau. Mayor Garvey said the City would make a personal visit once the packet is complete. Commissioner Berfield questioned if County Commissioner Seibert had been invited to address the City Commission. Mayor Garvey noted the City will meet with all members of the County Commission. The City Manager reported County Commissioner Seibert was invited to address the Commission but cancelled. A new date has not been scheduled. Commissioner Berfield questioned if staff plans to meet with members of the Convention and Visitors’ Bureau. The Mayor noted she and the City Manager were visiting with the Bureau and would report to the Commission. ITEM #58 - Adjournment The meeting adjourned at 8:20 p.m.