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08/01/1996CITY COMMISSION MEETING CITY OF CLEARWATER August 1, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Johnson offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3- Service Awards - None. ITEM #4 - Introductions and Awards The 1996 Parks & Recreation Annual Appreciation Award was presented to Great Bay Distributors. ITEM # 5- Presentations a) Design Review Board - Annual Report Chair William McCann introduced the DRB (Design Review Board) members and distributed copies of the Annual Report and Design Guidelines for the Urban Center District which the City Commission approved on May 2, 1996. During its first year, the DRB reviewed design guidelines from other Florida communities and preliminary guidelines for the City's designated districts: 1) downtown; 2) Clearwater beach; and 3) North Greenwood. The DRB also adopted rules and regulations, determined a meeting format, established procedures for applicants, and developed downtown design guidelines. The board addressed topics: 1) Cleveland Street streetscape and design; 2) desirable signage; 3) importance of historical elements of buildings; 4) merits of saving/restoring buildings; and 5) the proposed Mandalay Avenue streetscape/landscape concept plans. The DRB heard Urban Center applications for signage, store renovations, a major building expansion, and a municipal parking garage. During the next year, the DRB will hear requests for other designated districts. Objectives include: 1) prepare and adopt Design Guidelines for Clearwater beach, North Greenwood, and the Harbor Oaks Historic District; 2) re-evaluate district boundaries to be more inclusive; 3) prepare conceptual streetscape/landscape plans for Cleveland Street and North Greenwood Avenue; 4) explore full development and the Mandalay Avenue Streetscape plan with appropriate staff; and 5) study potential streetscape improvements for adjacent and support streets to Mandalay Avenue and Cleveland Street within the districts. b) SWFWMD Roy Harrell, Chair of SWFWMD (Southwest Florida Water Management District) Governing Board, said Pinellas County has shown leadership in water issues and conservation. However, the region still has a water problem as there is not enough water to draw without affecting lakes and other water bodies. He admitted over permitting for well sites had occurred. SWFWMD is trying to address and correct the situation. SWFWMD Assistant Executive Director Mark Farrell reiterated a chronic water supply problem exists. Impacted lakes are not responding to increased rainfall levels. Wetlands have been severely impacted. Mr. Farrell said alternative sources need to be safe, sustainable, environmentally friendly, drought proof, and cost-effective. He reviewed alternatives: 1) conservation reuse; 2) desalination; 3) aquifer storage and recovery; and 4) rehydration. He reviewed the costs for groundwater and desalinating sea water which has become less expensive. He estimated the blended cost will be $45 per month per residence. Surveys indicated: 1) 65% of residents would rather use alternative sources than use less water,; 2) 76% would pay more for an alternative if the environment is protected; and 3) 69% would pay 10% or more for a safe and sustainable supply. Mr. Harrell said no specific solution has been identified to address the region's need for adequate water supplies to support future growth. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of July 18, 1996, and special meetings of June 14, 1996, July 15, 1996 (attorney/client), July 15, 1996 (TRIM & Vogel), and July 29, 1996 (attorney/client), 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 Rob Brandenberg expressed concern regarding the Harbormaster's recommendation to increase substantially the marina's slip rental rates. Manny Lakis requested enforcement of his sign code violation be delayed until the City Commission considers possible code changes. The City Manager and City Attorney indicated Mr. Lakis was responsible for his fine. Central Permitting Director Scott Shuford will contact Mr. Lakis regarding the issue of requiring a permit for a copy change to a sign. Richard Cornwell requested the City Commission consider allowing copy changes on signs without requiring a permit. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6062-96 - LDCA to allow car rental uses as a conditional use in the Beach Commercial District & Resort Commercial 28 District (LDCA 96-13) The City Manager requested this item be continued. Commissioner Hooper moved to continue this item to August 15, 1996. The motion was duly seconded and carried unanimously. ITEM #9 - (Cont'd from 06/06, 06/20 & 07/18/96) Public Hearing & First Reading: Ord. #5962-96 LDCA amending Div. 26 of Ch. 40, to provide for revised development standards in the Urban Center District & Ord. #5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01) The City is making adjustments to its zoning requirements to implement the Downtown Redevelopment Plan. Adjustments include changes to downtown zoning districts and amendments to the Land Development Code for the Urban Center district. The Downtown Redevelopment Plan recommended the establishment of some revised zoning districts. The City Commission has desired modifications of some of these recommendations and has directed staff to eliminate the multiple Eastern Corridor subdistricts proposed in the Plan and to extend the UC[C2] subdistrict one block East to incorporate both sides of Myrtle Avenue. Besides changing the zoning districts, this item involves Land Development Code amendments. Under the revised zoning and development regulations for downtown zoning districts, changes are recommended for the allowable height, FAR (floor area ratio), and density requirements. Staff feels implementing the Downtown Redevelopment Plan will spur redevelopment activity downtown. They feel the proposed changes reflect appropriate levels of development intensity. A number of adjustments were made to the original proposal. Staff feels these adjustments will encourage wide support of the current zoning changes by downtown property owners. On May 21, 1996, the Planning & Zoning Board endorsed the code amendments by a 4-1 vote with recommended increases in the Eastern Corridor District for: 1) "base" height from 100 feet to 150 feet and 2) "bonus" height from 150 feet to 180 feet. Harry Cline, representative for Dimmit Car Leasing and Dr. Jim Gills, said he did not object to height limitations but felt the downward stair step proposed for the Eastern corridor would not generate redevelopment. He referred to the Planning & Zoning Board's recommendation for higher limits in the Eastern corridor and noted Board comments that suggested changes to the Eastern corridor need fine tuning. He suggested permitted heights in the Eastern corridor be at least 150 feet but preferably remain at 200 feet. The Mayor noted staff had recommended allowing bonuses up to 150 feet. She noted the benefit of adhering to the Downtown Redevelopment Plan. Central Permitting Director Scott Shuford said all non-conforming buildings would be grandfathered and could be rebuilt. He suggested the issue was what the City Commission felt is an appropriate scale. Carl Barron of Pinellas County said the County has committed to enhancing and upgrading major facilities in Clearwater. They plan to construct 80,000 square feet of office space at the Northeast corner of Osceola Avenue and Court Street. He expressed concern a restricted height of 100 feet could present problems. Mr. Shuford indicated bonuses would be allowed for properties that provide pedestrian uses on the ground floor and contain a residential component. Harris Morfopoulos expressed concern height restrictions may impact future development and recommended spending more time on the issue. Bill McCann agreed with Mr. Cline's concerns. He said the DDB (Downtown Development Board) is planning a 3-dimensional model of the downtown and recommended the City Commission delay their decision until the model is completed. Jeanne Matheny opposed restricting building heights downtown. She said the efforts of different agencies that focus on developing downtown are not coordinated. In answer to a question, Mr. Shuford said a 150 foot building would have 15 floors or fewer. Commissioner Johnson suggested a 170-foot maximum building height with no bonus. Mr. Shuford suggested the bonus remain. If the City Commission wants taller limits, he suggested allowing a base height in Urban Center Core-1 of 150 feet and a bonus of up to 30 foot for a total maximum height of 180 feet. The Mayor strongly favored height limitations. Commissioner Seel expressed concern the recommendations are too limiting. Commissioner Hooper pointed out there is no rush to construct buildings with unlimited heights. Mr. Shuford noted an overabundance of downtown office space currently exists. He said heights could be adjusted upward by variances and noted the market will determine what is built downtown. In answer to a question, Mr. Barron expressed concern that parking incorporated on the County's proposed lower floors would take up much of the 100-feet permitted. Commissioner Seel recommended the City be good neighbors and save taxpayers money by not limiting what the County can build. She said taller buildings will add to the City's ad valorem base. Mayor Garvey said it is important to consider what is reasonable for downtown. Commissioner Seel expressed concern the City not limit its ability to market the large amount of property it owns downtown. Commissioner Clark moved to approve the petition for Zoning Atlas Amendment for downtown Urban Center districts: 1) Urban Center Core-1 (UC[C-1]) - bounded on the North by Jones Street, on the East by Garden Avenue, on the South by Rogers Street, and on the West by Osceola Avenue; 2) Urban Center Core-2 (UC[C-2]) - bounded on the North by Jones Street, on the East by Prospect Avenue, on the South by Turner Street, and on the West by Garden Avenue; 3) Urban Center Eastern Corridor (UC[E]) - bounded on the North by Grove Street, on the East by Fredrica Avenue, on the South by a line parallel to and one-half block South of Chestnut Street, and on the West by Prospect Avenue and approve the Land Development Code Amendment revising Urban Center zoning requirements as recommended by staff with the following changes for the Eastern Corridor and Urban Center Core-1 Districts: 1) "base" height from 100 feet to 150 feet and 2) "bonus" height from 150 feet to 180 feet. The motion was duly seconded. In answer to a question, Mr. Shuford indicated downtown was developed over a long period of time and has buildings with wide ranges of heights. Buildings were constructed in response to the market. He noted the City's design review process provides more control over the aesthetics of buildings. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Seel voted “Aye”; Mayor Garvey voted “Nay”. Motion carried. The City Attorney presented Ordinance #5962-96 for first reading and read it by title only. Commissioner Seel moved to amend: 1) Section 40.488(1) to increase the permitted height in the Urban Center (C-1) subdistrict to 150 feet and the bonus height in the same subdistrict to 180 feet; 2) Section 40.489(1) to increase the permitted height in the Urban Center Eastern Corridor subdistrict to 150 feet and the bonus height in the same subdistrict to 180 feet; and 3) Section 40.485(2) to add "vehicle sales" as a conditional use in the Urban Center Core and Eastern Corridor subdistricts. The motion was duly seconded and carried unanimously. Commissioner Hooper moved to pass Ordinance #5962-96 on first reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10 - Public Hearing - modification of site plan condition #5 (to allow Wal-Mart to remain open 24 hours per day & 7 days per week) related to CPD Zoning approved on 12/19/91 for property located at 23106 US 19N, Loehmann’s Plaza Replat, Lots 1-3, Loehmann’s Plaza, Lot 1, subject to conditions (Wal-Mart Stores, Inc. / David B. Taheri, TRE (Taheri Family Trust) / Kinko’s of Georgia, Inc. / Brandon Nu-West Clearwater, Ltd., Z96-08) On December 3, 1991, the Planning & Zoning Board considered a request at a public hearing for amending the Zoning Atlas from Commercial Center to Commercial Planned Development and reviewed a Master Site Plan. The board recommended endorsement of the request to the City Commission subject to 13 conditions (Exhibit A). On December 5, 1991, the City Commission unanimously approved the request subject to 13 conditions and passed Ordinance #5145-96 on First Reading. Conditions of approval have been met except for the trees and shrubs that died last winter. According to the Environmental Department, the applicant has replaced some of the plants. The Planned Development Site Plan Condition #5 states hours of operation shall be from 9:00 a.m. until 9:00 p.m., seven days a week, except extended hours of operation of 7:00 a.m. until 11:00 p.m. may be permitted for special events for up to 10 days per calendar year (Wal-Mart only). The applicant now proposes to operate the store 24 hours per day, seven days a week to meet the needs and preferences of customers who work days and prefer to shop before work or late evenings when stores are not crowded. The subject property has apartment complexes to the North and South and single family residential properties to the West across a 234-foot wide Florida Power right-of-way easement. Similar facilities such as Albertson's, Kash-N-Karry, and commercial facilities such as Kinko's Copy Center and the International House of Pancakes operate 24 hours a day. The Police Department has indicated area police activity is consistent with the property's use. Residential neighborhoods are far from the subject property. The parking lots will be more active with the new hours of operation, reducing the likelihood of "after-hour" criminal activities. On July 16, 1996, the Planning & Zoning Board unanimously approved the request to delete Condition #5 and to add conditions: 1) dumpster service shall be prohibited between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained continuously, especially along the site's West side; 3) all site lighting shall be equipped with a 90 degree cut-off mechanism, with the light being directed downward and away from the adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; and 4) there shall be no refrigerated or other vehicles that must be parked in a running condition West of the Wal-Mart building's East wall between 9:00 p.m. and 9:00 a.m. Mr. Shuford said a July 30, 1996, Police Department memorandum indicated no significant concerns regarding the impact on law enforcement if the store is granted its request to operate 24-hours per day. A CRT (Community Response Team) 2 year summary listed a total of 11 violations for banners, outdoor retail sales and display, overgrown landscaping, and a violation of a conditional use condition. Wal-Mart corrected all violations. A July 31, 1996, Engineering Department memorandum predicted a slight increase in traffic volume immediately West of US 19N but no impact on the Coachman Ridge subdivision as the roadway ends in a cul-de-sac at the Florida Power right-of-way. Mr. Shuford said the store is separated from the Single-Family Residential neighborhood by a substantial right-of-way. In response to neighborhood concern, the Planning & Zoning Board recommended the 4 additional conditions. Commissioner Johnson questioned if Wal-Mart originally had agreed to be open only 12-hours per day. Mr. Shuford said that was the case. Although Wal-Mart was allowed extended hours only 10 days per year, they had extended their hours without City authorization. Ed Armstrong, representative for Wal-Mart, noted this process is quasi-judicial. In answer to a series of questions regarding the basis for staff's recommendation for approval from Mr. Armstrong, Mr. Shuford said staff had considered if added hours would cause additional noise. The Police Department had addressed security. The Traffic Engineer had indicated there would be no impact on traffic circulation in the Coachman Ridge subdivision as the neighborhood's main connection with the store had been cul-de-saced. Mr. Shuford said enforcement opportunities exist if Wal-Mart violates any conditions He agreed US 19N is the main commercial corridor in Pinellas County and reiterated the Planning & Zoning Board approval with conditions. Mr. Armstrong said Wal-Mart has been in operation at that site for 4½ years. He said a significant demand exists for expanded shopping hours. The restricted hours of 9:00 a.m. to 9:00 p.m. agreed to in 1991 reflected the corporation's nationwide operating hours. When contacted, nearby residents indicated nothing could be done to address their concerns as they would remain opposed to extended hours. He stated no evidence is available suggesting establishments that operate 24-hours per day are detrimental to nearby neighborhoods. He said sufficient safeguards are in place. The front entrance to the Wall-Mart store is 600 feet from the neighborhood. He felt the expanded hours would not have a detrimental impact on Coachman Ridge. In response to questions regarding parked trucks disturbing the neighborhood, Wal-Mart Manager Bob Faulk said trucks that park on the store's premises after hours are not affiliated with Wal-Mart and the only refrigerator trucks that deliver to the store are Taco Bell and Pizza Hut which deliver during the day. Mr. Faulk said Wal-Mart trucks normally arrive in the morning and unloading is completed by 8:00 to 9:00 p.m. Commissioner Seel questioned the site's history. Mr. Shuford said Loehmann's Plaza, a shopping center with poor occupancy, previously occupied the site. When Wal-Mart wanted to raze the shopping center and build a store, neighborhood concerns were addressed through conditions applied to a CPD (Commercial Planned Development). He reviewed the violations reported by the CRT. Only one violation related to the conditions. Concern was expressed Wal-Mart took 10 months to bring an outdoor retail sales display into compliance. In answer to a question, Mr. Shuford felt the store was working to comply with conditions related to landscaping. The City can guarantee compliance with this condition but citizens must let staff know if problems occur. Mr. Armstrong said the current planting represents Wal-Mart's third installation of landscaping. In response to a question, Mr. Shuford said 24-hour operations are permitted under basic commercial zoning. Businesses that sell alcoholic beverages can have restricted hours of operation as a condition of that conditional use permit. Wal-Mart's site is a CPD, restricted by conditions. Bob Wignall, President of the Coachman Ridge Homeowners Association, distributed pictures of the Wal-Mart property. Mr. Wignall, Bob Losi, John MacBain, Pete Zizes, Karen McClee, Philip Johnson, Kate Kilbride, Robert Pizzini and Fran Briskman, representing the Coalition of Clearwater Homeowners Associations, opposed expanding Wal-Mart's hours, citing a lack of adequate landscaping and architectural aesthetics, the high value of subdivision homes, truck noise at night, loss of property values, early morning trash pick-up, and nearby Wal-Marts already open 24-hours. Concerns were expressed regarding the type of persons who shop at 4:00 a.m., increased criminal activities, juveniles running through their neighborhood, and the nighttime sales of weapons. It was suggested CPD conditions should be similar to deed restrictions which cannot be changed. It was stated that Wal-Mart should not be allowed to expand their hours because the store already had violated the condition relating to that issue. Mr. Armstrong said the City Commission's decision needs to be based on substantial competent evidence and the testimony of the City's professional staff. He noted opinions by Mr. Shuford, the Police Department, and Traffic Engineer that increased hours would have no detrimental impact on nearby neighborhoods. The record does not identify Wal-Mart as a trouble spot. He felt landscaping concerns had been addressed and noted the CRT had identified only one violation last year which was for a banner. He said all expert testimony indicates buffering between the store and neighborhood is significant. He referred to the Planning & Zoning Board's recommendation for approval and reiterated US 19N is a prime commercial corridor. Commissioner Johnson said the decision is difficult as the City Commission needs to protect homeowners and businesses. He said stores do not have the right to interfere with neighborhoods with noisy operations and trucks. Commissioner Seel agreed the decision is difficult. She noted Loehmann's Plaza had been empty a long time and attracted vagrants. She referred to Wal-Mart's "good neighbor" policy and recommended the store and neighborhood work together to reach a compromise with appropriate conditions. She questioned the number of noise complaints received by the Police Department. Mr. Armstrong said obtaining that information is a lengthy process which they are doing. Commissioner Hooper noted the City does not pick up trash before 7:00 a.m. As a firefighter, he had visited Loehmann's Plaza often and felt the current site and neighborhood are safer now. He said safeguards are in place. He said the buffer between the store and neighborhood is significant and recommended the neighborhood take Wal-Mart to task if the store does not comply with all conditions. Commissioner Clark agreed the current site is better than it was previously but felt Wal-Mart has not been a good corporate citizen as they already had violated the condition regarding operating hours. He recommended the store comply with current conditions before he could support any change. It was questioned if approval of the hours extension could be temporary. Mr. Shuford said staff would be reluctant to agree to that proposal as this is a zoning consideration. Mayor Garvey said it is logical to allow people to shop at the same time shelves are being stocked. She said the buffer seems to be more than sufficient but expressed concern that Wal-Mart has not being a good corporate citizen regarding their landscaping. She felt no competent evidence had been presented against a 24 hour operation. Commissioner Seel moved to continue Item #10 to see if Wal-Mart and the neighborhood could work out an agreement. There was no second. Commissioner Clark moved to deny the petition for modification of Commercial Planned Development Site Plan Condition for Loehmann's Plaza Replat, Lots 1-3; Loehmann's Plaza, Lot 1 to allow Wal-Mart Store to remain open 24 hours per day and seven days per week. The motion was duly seconded. Commissioner Seel hoped the two sides would get together and work out a compromise. Upon the vote being taken, Commissioners Clark and Seel voted "Aye"; Commissioners Johnson and Hooper and Mayor Garvey voted "Nay." Motion failed. Commissioner Hooper moved to approve the petition for modification of Commercial Planned Development Site Plan Condition for Loehmann's Plaza Replat, Lots 1-3; Loehmann's Plaza, Lot 1 to allow Wal-Mart Store to remain open 24 hours per day and seven days per week subject to additional conditions: 1) dumpster service shall be prohibited between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained continuously, especially along the site's West side; 3) all site lighting shall be equipped with a 90 degree cut-off mechanism, with light directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; and 4) no refrigerated or other vehicles that must be parked in a running condition shall be parked between 9:00 p.m. and 9:00 a.m. West of the Wal-Mart building's East wall. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried. The Commission recessed from 8:31 to 8:48 p.m. ITEM #11 - Variance(s) to Sign Regulations for property located at 10 Bay Esplanade, Clearwater Beach Revised, Blk 8, Lots 1-5, 14 & 15 (Palm Pavilion of Clearwater, Inc. / Howard & Jean Hamilton, SV96-14) The subject property, West of Mandalay Avenue on the North side of Bay Esplanade, is zoned Beach Commercial. The applicant requests a variance to allow a 20-foot high, 49-square foot freestanding sign and a 5-foot setback from the Bay Esplanade right-of-way. Freestanding signs in the Beach Commercial district are only permitted on properties with buildings at least 15-feet from the right-of-way. The building on this property is 6-feet from the right-of-way and has a porch that extends into the right-of-way. Staff feels conditions support approval: 1) the property lacks good identification and the building's architecture does not lend itself to attached signage; 2) the proposed sign will not be crowded between the building and right-of-way but will be placed to the building's East in an open area next to the parking lot; 3) the proposed sign comports with the area, height, and setback requirements established for this zone for properties developed with a 15-foot setback from the right-of-way; and 4) approval of the variance will not detract from the appearance of Clearwater beach or the City. Mr. Shuford recommended a condition for approval require DRB (Design Review Board) review of the sign's design. Ken Hamilton, applicant, verified photographs of the property presented him by Mr. Shuford. He said the proposed sign would meet all size and height requirements if the building was setback 15 feet. He expressed concern regarding the last minute suggestion to require DRB approval of the sign. He said the property has been without a sign for a while and he did not want to delay installation. He noted his property is private, not public. Commissioner Hooper questioned if DRB guidelines are mandatory. Mr. Shuford said that is the case but noted requirements are flexible and not as specific as zoning rules. In response to concerns regarding the guidelines not being established, Mr. Shuford said a general idea has been established. He estimated the DRB review could be complete in 12 days. Additional concerns regarding the guidelines not being in place were discussed. Commissioner Seal moved to approve a variance to allow one freestanding sign with an area of 49 square feet, a height of 20 feet, and a setback of 5 feet from the Bay Esplanade right-of-way, on property identified as Lots 1, 2, 3, 4, 5, 14, and 15, Block 8, Revised Map of Clearwater beach, for meeting Sec. 45.24 Standards for Approval, items (1) - (4) with no added conditions and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #12 - Variance(s) to Sign Regulations for property (Clearwater Professional Center) located at 600 Bypass Dr., Sec. 18-29-16, M&B 41.08 (Romark Investments, Inc. / Fred Arnold, Inc., SV96-15) This property between Gulf-to-Bay Boulevard and Druid Road is on the West side of Bypass Drive and is zoned General Office. The applicant requests a 34-square foot area variance from the permitted 56 square feet to allow a total of 90 square feet of attached sign area. Each of the two current attached signs has an area of 45-square feet. The variance request is for these signs to remain. John Bozmoski, Jr., representative for the applicant, verified photographs of the property presented him by Mr. Shuford. Commissioner Clark moved to approve an area variance of 34 square feet from the permitted 56 square feet to allow 90 square feet of attached sign area, on property identified as Sec. 18-29-16, M&B 41.08, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Staff was directed to see if another street name would be more appropriate than Bypass Drive. Public Hearing - Second Reading Ordinances ITEM #13 - Ord #6028-96 - LDCA amending Sec. 45.23 to exclude City-owned property from eligibility for minor variance consideration and to exclude any property from eligibility for minor variance consideration where variances are granted in excess of specified limits; to allow minor variances for freestanding sign setback up to 5’ (LDCA 96-10) The City Attorney presented Ordinance #6028-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6028-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #14 - Ord. #6055-96 - CI Zoning for property located on Fairburn Ave., Engman St. & Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots 1-4, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk E, Lots 13-16, Pine Ridge, Blk C, Lot 10, Blk D, Lots 8-13, Blk E, Lots 8 & 9, Stevenson’s Heights, Blk A, Lot 27 (Everybody’s Tabernacle, Inc. / Calvin & Evelyn Doyle / Sergeant Allen Moore Community Partnership, Inc. / M&H Co. / Henry & Anne Meister / Nicholas Koulouvaris, TRE / Behnam Gholampoar / Bruce Mesagno / Thomas & Elizabeth Floyd / Baker & Williamson Enterprise / Alice Blunt / Dorothy Dilliard Estate / Homeless Emergency Project / City, Z96-06) The City Attorney presented Ordinance #6055-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6055-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #15 - Ord. #6060-96 - Related to disorderly conduct and loitering, repealing Sec. 21.11(e), to prohibit the obstruction of public places The City Attorney presented Ordinance #6060-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6060-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #16-23) - Approved as submitted. ITEM #16 - Approve settlement of insurance policy claim of City vs. American Centennial Insurance Company by said company buying back its policy for $50,000, through use of document entitled Commutation and Policy Release, with the funds being returned to the Clearwater Gas System (FN) ITEM #17 - Contract for 3/4” #57 Aggregate to Florida Crushed Stone Company, Leesburg, FL, for the period 10/01/96 -09/30/99, for an estimated annual cost of $16,905 or $50,715 for 3 years, plus delivery charge of $5.25 per ton for 10/01/96 -09/30/97, at an estimated cost of $11,025 (estimated total $61,740)(PW) ITEM #18 - Contract for type 1 Portland bulk cement & Portland bag cement to Holnam, Inc., Tampa, FL, for the period 10/01/96 -09/30/97, at an estimated $44,300 (PW) ITEM #19 - Receipt/Referral - LDCA permitting Noncommercial Parking in Single Family Residential Districts as a conditional use (LDCA 96-12) (CP) ITEM #20 - No changes to be made to Downtown Parking fees; review again in 24 months ITEM #21 - Rules regarding RV Parking at Harborview Center to be studied for an additional 18 months ITEM #22 - Approve settlement offer of $95,000 in the pending litigation case Carol and Al Painter vs. City of Clearwater, Circuit Civil Case No. 92-3006-19 ITEM #23 - Rescind appointment of Mayor Garvey as Florida League of Cities (FLC) voting delegate; appoint Commissioner Seel as FLC voting delegate Commissioner Johnson 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 #24 - Recommended rejection of both RFP proposals to operate the Beach Welcome Center and terminate current month to month agreement with the Greater Clearwater Chamber of Commerce for operation of Beach Welcome Center in the Memorial Civic Center (TR) The Greater Clearwater Chamber of Commerce has operated the Beach Welcome Center since 1978 with an agreement to pay the City $1 per year for use of the City-owned space. On May 31, 1996, the Welcome Center lease agreement with the Greater Clearwater Chamber of Commerce expired and the City Commission directed staff to issue a RFP (Request for Proposals) for management proposals. Pending the outcome of the RFP, the City Commission agreed to continue the current level of service on a month-to-month basis, paying the Chamber $2,675 per month beginning June 1, 1996. On June 25, 1996, the City received proposals from the Greater Clearwater Chamber of Commerce and the Clearwater Beach Chamber of Commerce. Based on a system of rating points, the RFP review committee assessed the proposals and determined them to be unacceptable. According to the Greater Clearwater Chamber of Commerce's proposal, the cost of visitors' services to the City would range from $35,000 for basic services to $99,500 per year for added services and increased hours of operation. This proposal did not include revenue generating services that could reduce the City's costs. The proposal increased the City's cost of basic services from no cost to $35,000 annually. The Clearwater Beach Chamber of Commerce proposal provided no financial background data as requested. This chamber has no visitors' center experience. According to the proposal, visitors' services would be provided at no cost to the City as long as the visitors' center includes main office space for chamber business. Staff attempted to negotiate with both chambers for a joint proposal to operate the center but were unsuccessful. Staff recommends the City provide brochure racks and visitors' information on an interactive kiosk in the Marina and Memorial Civic Center lobby pending development of a new visitors' center facility as part of the Beach Redevelopment plan. Tourism Director Jean Sherry reported the review committee felt the two responses did not meet the City's goal of enhancing visitor services. She said both chambers will go forward with visitor services at their individual locations. Deputy City Manager Kathy Rice said tourist services would be stepped down as the center will not be staffed but brochures and information from the kiosk will be available. Steve Fowler, of the Clearwater Chamber of Commerce, said his organization has been happy and proud to operate the beach visitors' center but the operation costs them $35,000 per year and they cannot not afford to continue bearing this expense. Bill Kirbas said the beach needs a welcome center to keep visitors on the beach and encourage them to return. The visitors' center has been a focal point for special events on the beach. Gerry Husgen said she belongs to both chambers of commerce and works on Sunsets at Pier 60. She said both groups should work together to keep a visitors' center going. Paul Kelly, of the Clearwater Beach Chamber of Commerce, said the ultimate objective is to enhance services and keep the center open. He said his organization's proposal stated what they felt they could achieve and would improve services at little or not cost to the City. Commissioner Johnson moved to reject both proposals to operate the Beach Welcome Center and terminate the current month-to-month agreement with the Greater Clearwater Chamber of Commerce for the operation of the Beach Welcome Center in the Memorial Civic Center. The motion was duly seconded. In response to a question, Ms. Rice said the Jolley Trolley had expressed interest in providing visitors' services for $32,000 annually. The City Manager suggested it would be appropriate to address this issue when reviewing a renewal of the agreement with the Jolley Trolley. Commissioner Clark noted the Welcome Center serves 25,000 visitors a year and said he was hesitant to close it. He recommended making the Welcome Center more visible. The Mayor said the City Commission needs to make a decision regarding the Civic Center. She hoped the City could open a new Welcome Center in the future. Since the two chambers of commerce cannot work together, she supported closing the center. Commissioner Hooper said until the new development director is hired and the City Commission reaches a decision regarding the future of the Civic Center, he supported closing the center. Upon the vote being taken, Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. ITEM #25 - (Cont'd from 07/18/96) First Reading Ord. #6059-96 - abolishing permitting of private hauling companies to provide roll-off service in Clearwater; establishing Clearwater Solid Waste Department as roll-off service provider effective 10/01/96; amending schedule of fees, rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates for roll-off service in Clearwater (SW) Previously, Clearwater has not provided roll-off service. The City's practice was to accept applications from private hauling companies and issue permits authorizing them to provide roll-off service in Clearwater provided they paid a 15% surcharge on the total amount billed. The City Commission previously had directed CSW (Clearwater Solid Waste Department) to operate as a business and seek customers. In January, CSW recommended and the City Commission approved providing roll-off service in the City and purchasing two roll-off trucks. CSW has notified private hauling companies holding City permits that the permits will expire on September 30, 1996, and no new permits will be issued. CSW received the first 2 roll-off trucks and will need 2 more to service all containers. The 2 additional trucks and drivers are included in the FY (fiscal year) 1996/97 budget recommendation. An Interlocal Agreement was approved with St. Petersburg and Largo for mutual support of solid waste operations. The agreement will provide roll-off back-up support and debris clearance during emergencies. The Interlocal Agreement is being presented to the City Commission for approval. The proposed ordinance abolishes the permitting procedure for private hauling companies to provide roll-off service, establishes procedures for CSW to provide roll-off service, amends Appendix A, Schedule of Fees, Rates and Charges of the Code of Ordinances to establish charges for roll-off services in Clearwater, and creates section XXIX as a separate section for solid waste system rates. Commissioner Hooper noted the perception that private enterprise can provide services cheaper than the government is wrong. He expressed concern a vote by the majority of the Commission could put 6 companies out of business. He agreed CSW is following direction provided by a previous Commission. He opposed the recommendation, noting economic development has been identified as a priority issue. In answer to a question, Mr. Brumback said to this point, the City has invested $250,000 in the project. The trucks were purchased in January and delivered in June. Commissioner Johnson said he understood Mr. Brumback's position but expressed concern this action may put private enterprise out of business. He said CSW can compete well and recommended they do so. Commissioner Seel agreed. She noted the cost of compactor equipment has not addressed. She expressed concern the City not create a monopoly. She suggested CSW look at competing. The Mayor stated enterprise funds are not in business to make a profit but private companies are. She said the intent of government is to provide a service, not make a profit. Mr. Brumback said CSW is the City's solid waste company and would not do anything that was not advantageous to citizens. Commissioner Clark said the City Commission eliminated quasi-monopolies. He expressed concern some areas with private trash service pay half the City rate of $16.30 per month. He questioned if leases on the trucks can be canceled. Mr. Brumback said the trucks already were delivered and are in use. Commissioner Clark suggested the City compete with private companies but requested a pro forma be presented showing competition is realistic. Mayor Garvey said Clearwater provides a better service and operates well. As the City already has the trucks, she recommended the City be allowed to compete in the roll-off business. Commissioner Johnson questioned if the City currently is competing and doing well. Mr. Brumback said that is the case. City Manager said if the City Commission wishes to reject this proposal, staff can come back in several months with a recommendation that the City compete in the roll-off business or get out of it. Commissioner Clark moved to deny abolishing the permitting of private hauling companies to provide roll-off service in Clearwater and establishing the Clearwater Solid Waste Department as the City's roll-off service provider. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Seel voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #26 - Authorize issuance of RFP for a determination of need for a Clearwater Beach Community Redevelopment District (CP) At the July 29, 1996, Work Session, the City Commission directed staff to prepare an agenda item authorizing a RFP (request for proposals) for a consultant to determine the necessity of redevelopment on Clearwater beach. Staff will issue a RFP for the determination of need only after ascertaining general County support for the concept. Staff also is initiating research into providing the City Commission with information about the 5-year trend of property values in the southern part of Clearwater beach. Staff will take no further action toward establishing a Community Redevelopment district on the beach without further Commission direction. Award of the contract for the determination of need will be brought to the City Commission for approval. Commissioner Johnson verified this action does not establish a CRA (Community Redevelopment Agency). The City Manager estimated a contract could not be presented to the City Commission for approval for 4 to 5 weeks. A recommendation regarding the establishment of a CRA could not be made before January 1, 1997. Commissioner Seel recommended continuing this item until the County's support has been determined. The Mayor noted staff will not issue a RFP until that support is assured. Anne Garris expressed concern a CRA would allow the government to take property from one person and give to another. She said the presence of a CRA in downtown has nothing to show for its existence. She referred to Dunedin and suggested the City copy their strategy. She recommended staff be sent "back to the drawing board" to see what can be done with current resources. The City Manager said if the County states its position on this issue, she will report it at Monday's Special Meeting. In response to question regarding other redevelopment alternatives, Mr. Shuford stated, in his professional opinion, a CRA redevelopment area with a TIF is the best option. He recommended a beach plan be developed that all are comfortable with implementing. In answer to a question, the City Manager said eminent domain action was taken to build the Atrium building on Cleveland Street. The price of the property was set by court and was above market value. The City Manager said when this project reaches the planning process, other issues need to be addressed. The plan is to establish the character of the beach. She said this first step just will determine if a need exists. Commissioner Seel moved to authorize staff to issue a RFP for a determination of need of a Community Redevelopment district on Clearwater beach. The motion was duly seconded and carried unanimously. If a response is received from the County, it will be agendaed for the August 5, 1996, Special Meeting. ITEM #27 - First Reading Ord. #6069-96 - Relating to Building and Development Regulations; amending Sec. 47.051, to adopt the 1996 edition of The National Electrical Code & 1995 edition of The Standard for the Storage and Handling of Liquefied Petroleum Gases (CP) Staff proposes to update codes enforced by Central Permitting. On May 14, 1996, the Pinellas County Construction Licensing Board approved the use of the 1996 edition of the National Electrical Code. Chapter 75-489, Laws of Florida, established the Pinellas County Construction Licensing Board, and the Board's authority to establish the code used by all Pinellas County jurisdictions. The proposed ordinance adopts the 1996 edition of the National Electrical Code with Pinellas County Construction Licensing Board amendments, and NFPA 58 Standard for the Storage and Handling of Liquefied Petroleum Gases. The City Attorney presented Ordinance #6069-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6069-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #28 - City Hall Renovations (CM) The City Manager withdrew this item. ITEM #29 - Res. #96-53 - Requesting Pinellas County call for a referendum of electors on the question of whether to extend the one cent sales surtax upon goods and services sold in Pinellas County; submitting to Pinellas County the proposed infrastructure tax project list prepared by the City of Clearwater (Penny for Pinellas) (CM) The City Attorney presented Resolution #96-53 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-53 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #30 - Library Board - 1 appointment (CLK) Commissioner Clark expressed concern regarding the board's balance and recommended beach residents apply to serve. Commissioner Johnson moved to appoint Tom Leavy. The motion was duly seconded and carried unanimously. ITEM #31 - Long Center Board of Directors - 1 appointment (CLK) Commissioner Seel moved to reappoint Gary Giordano. The motion was duly seconded and carried unanimously. ITEM #32 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #33 - Resolutions a) Res. #96-51 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #96-51 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-51 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #34 - Other City Attorney Items - None. ITEM #35 - City Manager Verbal Reports a) Set date for dedication of Cooper’s Bayou Park The dedication was scheduled for September 9,1996 at 2:00 p.m. Bargaining Session The City Manager requested a closed door Bargaining Session be scheduled for September 16, 1996. If possible, the City Manager will set the time, otherwise the City Commission will be asked to determine the time of the meeting. Beach Substation The City Manager stated the Police substation on the beach will be addressed at the August 12, 1996, Work Session. ITEM #36 - Other Commission Action Commissioner Clark requested a progress report on Pier 60 Park. Commissioner Clark requested PSTA’s request for additional bus stops with advertising be agendaed for the next Work Session. Commissioner Hooper said it was a pleasure to meet the Development Director candidates. He felt the group was diverse and capable. Commissioner Seel requested an update on the Ice House. Commissioner Seel requested consideration of returning sign code variances to the Development Code Adjustment Board be agendaed for a Work Session. Commissioner Seel requested a summary of the proposed skateboard ordinance be prepared as many misunderstand the proposal. Commissioner Seel requested discussion of the placement of water meters be scheduled for the next Work Session. She expressed concern liability issues are being transferred to property owners. Mayor Garvey requested the City Commission reconsider allowing the Women’s Equality Day Celebration to use City Hall's lobby. In answer to a question, the City Attorney said her previous concerns related to using the lobby for a public forum. She noted no speeches or rally will be held in the lobby. The lobby will be open for an exhibit and distribution of refreshments. Commissioner Johnson moved to approve the use of City Hall's lobby from 10:00 a.m. to 12:00 noon for an exhibit and distribution of refreshments during the August 24, 1996, Women’s Equality Day Celebration and that no speeches or rallies will be held in the lobby. The motion was duly seconded and carried unanimously. ITEM #37 - Adjournment The meeting adjourned at 10:18 a.m.