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05/07/1998CITY COMMISSION MEETING CITY OF CLEARWATER May 7, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Bob Keller Assistant City Manager Richard L. Hedrick Assistant City Manager Pamela K. Akin City Attorney Mary K. Diana Assistant City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Commissioner Johnson. 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 Proclamation: Emergency Medical Services Week - May 17-23, 1998 Tourism Week - May 3-9, 1998 Safe Boating Week - May 16-22, 1998 ITEM #5 - Presentations a) Discussion - Transit Shelter Ordinance Charlie Siemon, outside counsel for the City, presented the proposed transit shelter ordinance. He noted the ordinance arises out a settlement pending litigation by Patrick Media in state and federal court. The Circuit Court granted partial summary judgment in favor of the City. Patrick Media appealed the partial summary judgment to the District Court of Appeals and raised a new issue regarding the protected status of their signs on Route 60 to the east of US 19 which had not been previously litigated. A series of conversations led to a proposal that includes removal of all signs including signs east of US 19 according to an established schedule over an 18-month period, and adoption of an ordinance authorizing Patrick Media’s successor in interest, Eller Media, to locate transit shelters within the corporate limits of the City. The proposed ordinance reflects the conditions of the settlement stipulation previously presented. Mr. Siemon said the language in the ordinance is consistent with previously discussed issues, and feels comfortable recommending the City go forward. One issue not addressed in the settlement agreement is the total number of shelters that might be located within the City. There are limitations due to zoning and spacing requirements. It is difficult for Eller Media to determine the exact number of shelters that will actually be permitted because of the zoning and spacing requirements. Also, site-by-site surveys have not been done. Since negotiations have begun, the City has embarked on the One City. One Future. initiative, which includes beautification of Gulf-to-Bay Boulevard. This ordinance includes language which would require the PSTA to comply with any special design requirements that might result from scenic corridor programs. Since they are unspecified at this time, Eller Media is uncomfortable with that portion of the ordinance. Discussion ensued regarding not limiting the total number of transit shelters but the number of shelters containing advertising within the City. Mr. Siemon suggested, if the City goes forward with the ordinance, incorporating in it an effective date regarding the settlement stipulation. He felt confident an appeal of the summary judgment regarding the signs west of US 19 will be in the City’s favor. He was unsure about the protected status of the signs east of US 19. In response to questions that arose at Monday’s Work Session, the City Attorney said currently there are approximately 24 PSTA transit shelters in Clearwater. None are owned by Eller Media or have been constructed on their behalf. It was indicated the City does not allow advertising on those shelters. Mr. Siemon indicated, according to the Eller agreement, Eller may replace an existing PSTA shelter with one with signage if pursuant to PSTA agreement and the requirements of this ordinance, if adopted. For Eller to relocate a shelter, it must be at a location of PSTA’s choice and at Eller’s cost. In response to a question, it was indicated PSTA owns the shelter at K-Mart on Gulf-to-Bay Boulevard. William C. Jonson presented a copy of a resolution adopted by the Clearwater Coalition of Homeowners Association. He referred to a chart showing shelter locations and expressed concern regarding bus shelters on school property. He requested the Commission consider requiring notification to owners adjoining proposed shelter locations in residential areas. He felt the settlement process was focused on a narrow issue of billboard removal without an innovative approach regarding the whole picture. He felt negotiations with Eller were flawed because the parties involved did not have a balanced background history of the city and county sign code. Lee Regulski said many suggestions made to the City Commission to develop a palatable ordinance, which included limiting advertising to the interior of the shelter, number of shelters and turning off the lighting at night, were ignored or denied. He expressed concern the City has totally surrendered to Eller Media on this issue. He urged the City to abort the settlement. Sheila Cole asked how long the transit shelters would stay up if approved. She felt visual pollution at eye level is more obnoxious than billboards. She said shelters are important but was concerned that shelters with advertising would block views creating safety hazards, especially at night. She felt the shelters do not fit into the City’s vision and the One City. One Future. concept. Johnny Long expressed concern regarding the design and location of transit shelters to accommodate the disabled. He felt the addition of advertising would create more problems for them. He noted difficulties the disabled experience when attempting to access shelters, including the lack of sidewalks and other conveniences. He believed the public at large was not happy with the bus shelter issue and asked that it go back to the PSTA. He said the PSTA had refused to meet with the disabled community. He requested a map of the proposed transit shelter locations. It was noted the issue of the shelters involves the City as it is their attempt to settle a lawsuit. The City is concerned with building the right shelters in the right locations. Bill Zinzow said the City should put emphasis on the ordinance passed 10 years to remove billboards. He expressed concern in Eller Media delaying enforcement of the City’s sign code to their advantage. He urged the City to enforce the 10-year old ordinance as initially enacted. He noted the business community has downgraded their signs. David Campbell urged the Commission to adhere to its previous decision regarding billboards, and not to give in to Eller Media’s requests. He felt the proposed ordinance was redundant, hastily written and poorly planned. He expressed concern in setting a precedent by adopting the proposed ordinance which might encourage 3M Corporation to come in and put up something offensive. Ken Graves, Eller Media representative, said the PSTA agreement requires all shelters to meet ADA (Americans With Disabilities Act) requirements regarding wheelchair space, unobstructed lighting, and other pertinent issues. He urged the Commission to move forward with the process. In response to Ms. Cole’s statement regarding the protected status of the signs east of US 19, Mr. Siemon said the City has not conceded their protected status in the proposed settlement. In response to questions, the City Attorney said this agreement is only with Eller Media, not 3M Corporation. She said 3M has a few remaining billboards on Gulf-to-Bay Boulevard and east of US 19. The City is negotiating with them to bring the other billboards into compliance. It was noted 3M is in compliance with the first amortization period, but not with the second. Mr. Siemon felt 3M was waiting for the outcome of the Eller Media settlement. He noted, for the record, Eller Media is the one that filed suit against the City. To this date, 3M has not brought litigation against the City. In response to questions, Mr. Siemon indicated US 19 billboards have a protected status. Should the City require their removal, they would be required to pay just compensation for those signs. He said, if the City decides not to go forward with the proposed agreement with Eller Media, PSTA can erect any number of transit shelters without advertising in any locations as long as they comply with the City’s land development regulations. The City Attorney noted there are certain standards that have to be met such as right-a-way width. In response to a question, Mr. Siemon said if the City does not enact an ordinance and press on with the litigation, this issue could take another 15-18 months based on Eller Media appealing the partial summary judgment and any other appeals by either party arising. In response to questions, the City Attorney said the City has spent approximately $215,000 to date since 1992, excluding staff time, on the billboard issue and indicated, if PSTA erects shelters on Gulf-to-Bay Boulevard without advertising, they are not driven by spacing requirements. In response to a question, it was indicated the only control the City currently has over the placement of shelters are based on engineering review and safety issues. Mr. Siemon indicated in reviewing the land development code, the city is looking at the placement of undefined uses throughout the city. Discussion ensued in regard to restricting the number of shelters in the City and a recommendation was made to limit the shelters to fifty regardless of advertising. It was questioned whether the restriction should be only on those shelters with advertising. As the City is trying to encourage mass transit, it was found to be contrary to that concept to restrict shelters. An opinion was expressed that providing additional shelters would be an added convenience; however, would not encourage bus ridership. Concern was expressed regarding locating shelters in confined neighborhoods such as Morningside that include some multi-family. The City Attorney noted the ordinance addresses not allowing shelters in multi-family districts unless there is a non-residential use, such as a school or a hospital. An opinion was expressed the ordinance was not needed. Concern was expressed turning the back lighting in shelters off at night would provide for a non-safe area. It was felt people need to be encouraged to ride buses and a limit of 50 shelters should apply only to those with advertising. Mr. Siemon said the Commission needs to determine whether they want to go forward with the ordinance. Disappointment was expressed in a City advisory board member taking a position regarding this issue before receiving all available information. Consensus was to continue discussion of the transit shelter ordinance to the next work session. b) Proposed Changes to FEMA Rules The City Manager requested this item be continued. Consensus was to continue to the meeting of May 21, 1998. ITEM #6 - Approval of Minutes Mayor Garvey requested Item #5, paragraph one be clarified regarding the third room. Commissioner Hooper moved to approve the minutes of the regular meeting of April 16, 1998, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Roy Cadwell felt the City enforcing the minimum building standards has destroyed businesses in Clearwater. He said the City has a good City Manager with good ideas. Albert J. Medfus referred to a 1992 letter from FEMA (Federal Emergency Management Agency) regarding a 5% reduction in flood insurance rates. He expressed concern the City has dropped the ball regarding obtaining classifications to further lower rates. Johnny Long suggested $50 homestead exemption refund checks citizens receive from the State be donated to Clearwater school teachers for supplies. He requested the City set up an account for donations. Other donations will also be accepted. Consensus was to set up an account. Sheila Cole supported the City setting up an account for donations to school teachers for supplies and volunteered her assistance. PUBLIC HEARINGS ITEM #8 - Public Hearing - Declare surplus to city needs, for purpose of selling real property lying southeasterly of intersection of Drew Street & Myrtle Avenue, fronting Prospect Street r-o-w, South 15’ of North 225’ of East 210’ of West 420’ of NW¼ of Sec. 15-29-15, for minimum bid amount of $6,300 (PW) City staff has been contacted and requested to seek Commission approval to declare the subject parcel, having no street address, surplus to City needs and offer it for sale in compliance with applicable real property disposition procedures. The parcel is a 15 foot by 210 foot uneconomic remnant lying southeasterly of the intersection of Drew Street and Myrtle Avenue, fronting Prospect Street right-of-way approximately 180 feet south of Drew, bounded on the north by a parcel being developed as a private school, and on the south by a 5.6 acre parcel offered for sale and redevelopment. In an appraisal of the parcel performed for the City on February 26, 1998, James Millspaugh, MAI, concluded the value of the City’s fee interest in the parcel to be $6,300; and highest and best use of the parcel would be to incorporate it into one of the adjacent parcels. The parcel has a current tax assessed value of $10,700. If placed on the tax roll, it would generate current annual ad valorem tax revenue of approximately $255, approximately $65 of which would accrue to the City. City maintenance and other responsibilities of the property would terminate upon conveyance of City ownership, and sale proceeds would accrue in the revenue code for surplus land. Commissioner Hooper moved to declare as surplus to City needs for the purpose of selling real property legally described as the South 15 feet of the North 225 feet of the East 210 feet of the West 420 feet of the Northwest 1/4 of the Northwest 1/4 of Section 15, Township 29 South, Range 15 East for the minimum bid amount of $6,300. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ords. #6260-98 & #6261-98 - Annexation & RS-6 Zoning for property located at 1837 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 11 (Howard & Helen Read, A98-12) The applicant is requesting City sewer service. A sewer line is available in front of the property in Brentwood Drive right-of-way to provide needed service. The Planning and Zoning Board held a public hearing on this application on April 21, 1998, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single Family Residential “Six” (RS-6) to the City Commission. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single Family Residential “Six” (RS-6) for Lot 11, Lake Lela Manor First Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6260-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6260-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6261-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6261-98 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 #10 - Public Hearing & First Reading Ords. #6262-98 & #6263-98 - Annexation & RS-6 Zoning for property located at 2340 Anna Ave., Rolling Heights, part of Lot 28 (Michael & Michelle Monroe, A98-13) The applicant is requesting City sewer service. A sewer line is located at the rear of this property in the Sharkey Road right-of-way to provide the needed service. The Planning and Zoning Board held a public hearing on this application on April 21, 1998, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single Family Residential “Six” (RS-6) to the City Commission. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single Family Residential “Six” (RS-6) for Rolling Heights Subdivision, East 73 feet of Lot 28. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6262-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6262-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6263-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6263-98 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 #11 - Public Hearing & First Reading Ords. #6264-98 & #6265-98 - Annexation & RS-8 Zoning for property located at 2832 St. John Dr., Virginia Groves Terrace 5th Addition, Blk B, Lot 4 (Paul & Patsy Howell, A98-14) The applicant is requesting City sewer service. A sewer line is available and located in the rear easement of the subject property to provide the needed service. The Planning and Zoning Board held a public hearing on this application on April 21, 1998, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single Family Residential “Eight” (RS-8) to the City Commission. Commissioner Seel moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single Family Residential “Eight” (RS-8) for Lot 4, Block B, Virginia Groves Terrace 5th Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6264-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6264-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6265-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6265-98 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 #12 - (Cont. from 2/19 & 4/2/98) Variance(s) to Sign Regulations for property located at 2130 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.03 (Clearwater Property Group, c/o Kmart Corp., / Kmart, SV98-04) - CANCELED ITEM #13 - (Cont. from 4/16/98) Variance(s) to Sign Regulations for property located at 235 Windward Passage, Island Estates of Clearwater, Unit 5, Blk D, Lots 1-3 (Quality Boats of Clearwater, SV98-08) Conditions do not support the applicant’s request for a variance of 166.25 square feet to allow attached signs with an area of 230.25 square feet. The requested area variance is more than 3 times the code allowance. More signs are requested than is necessary to adequately identify the use of this property. Approval of this variance will detract from the appearance of this property and the City. Conditions do support approval of variances to allow a 160 square foot roof sign oriented to Memorial Causeway and a 44 square foot sign oriented to Windward Passage provided no freestanding sign is placed on this property. Approval of these variances will allow the applicant to display a sign oriented to Memorial Causeway much like 2 similarly situated properties, namely the High and Dry Marina and the Clearwater Marine Aquarium, and allow reasonable identification of the business. Approval of these variances will not significantly detract from the appearance of this property or the City. Staff has discussed with the applicant an alternative to the roof sign: construct a mansard (decorative roof facade) on the south side of the building, and include as part of the mansard a sign oriented to the Causeway. It is staff’s belief that this would enhance the appearance of the property as viewed from the Causeway. Senior Planner John Richter said currently the applicant has more attached signs than permitted. Steve and Dan Bair, applicants, verified photographs taken of the property. They agreed with staff’s recommendations. Steve Bair said they have reduced their signs from nine to two. Since the business is on a dead end street and the design of the building is unusual, he feels the signs are necessary. In response to a question, Steve Bair indicated the two pole signs would be removed. Commissioner Johnson moved to approve the following: 1) a variance of 140 square feet to allow designated attached signs with an area of 204 square feet, and 2) a variance to permit a roof sign for the subject property, subject to the following condition: There shall be no freestanding sign permitted on this property. The motion was duly seconded and carried unanimously. ITEM #14 - Public Hearing & First Reading Ords. #6266-98 & #6267-98 - Land Use Plan Amendment to Residential Medium & RM-12 Zoning for property located at (proposed) 1484 S. Greenwood Ave., Sec. 22-29-15, M&B 32.16 & part of 32.14 (Community Service Foundation, Inc., LUP98-02, Z98-05) The applicant is requesting a zoning change for its properties located approximately 180 feet north of the northwest corner of Woodlawn Street and South Greenwood Avenue. These properties are now vacant. The zoning change will allow the construction of 6 apartment units for Clearwater low income residents. It would also allow the applicant to donate 10,871 square feet (0.25 acres) of the south portion of these properties to the City for the construction of a Neighborhood Family Center and a Police Substation. According to the applicant, $385,000 in State Housing Incentive Program funds have already been approved for the construction of these facilities. The subject lots are presently zoned Multiple Family Residential “Eight” (RM-8) with a compatible land use plan classification of Residential Urban. The RM-12 zoning district is proposed in order to allow the proposed density. The Future Land Use Plan Classification of Residential Urban will be changed to Residential Medium to conform with the proposed zoning district, and compatible with the Countywide Future Land Use Plan Classification on adjoining properties to the north of the subject lots. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The total land area for the subject site is 22,652.2 square feet (0.52 acres) which is under one acre and less than the minimum 4 acres required to establish a new Multiple Family Residential “Twelve” District. While the site is under 4 acres, the proposed rezoning will be an extension to a predominantly residential RM-12 zoned neighborhood. Therefore, the request to rezone these lots to RM-12 would be consistent with the adjoining land use pattern to the north, and compatible with the existing contiguous RM-12 zoning district. The proposed facilities when completed will serve a public interest. The construction of the proposed apartment units for the low income residents will contribute to the reduction of housing needs for this group of Clearwater residents. The Planning and Zoning Board unanimously endorsed the application on April 21, 1998. Jerry Spilatro, Executive Director of Community Services Foundation, said his agency provides includes affordable housing and related services such as classes on family budgeting to approximately 200 low income households in Pinellas County. Approximately $192,000 in grant money has been received for the family center. His agency currently has over $600,000 to develop South Greenwood Avenue and Woodlawn Street. Six apartments, a neighborhood family center, and a Police substation is planned. He said the property in question is currently zoned for apartments. He said the requested zoning change will allow the family center and police substation to be built in the future. Lee Regulski, Community Services Foundation Treasurer, spoke in support of the project. He said the property to the north is already zoned RM12. The zoning is necessary to facilitate flexible financing efforts. Police Chief Sid Klein spoke in support of the project and noted it will create a police substation in the area. He encouraged Commission support. Duke Tieman spoke in support of the project, noting it is a major opportunity for the area. He said he has been working on the project for seven years. He urged the Commission to support the project. Commissioner Clark moved to approve the Petition for Land Use Plan Amendment from Residential Urban to Residential Medium and Zoning Atlas Amendment from Multiple Family Residential “Eight” (RM-8) to Multiple Family Residential “Twelve” (RM-12) for M&B 32.16 and the North 108.71 feet of M&B 32.14 in Section 22-29S-15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6266-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6266-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6267-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6267-98 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 #15 - Public Hearing & First Reading Ords. #6268-98 & #6269-98 - Land Use Plan Amendment to Office General & OG Zoning for property located at 1384 Pierce St., Sec. 15-29-15, M&B 14.01 (P.B. Horizon, Inc., LUP98-03, Z98-06) The applicant is requesting a zoning change for the property located at the northwest corner of Pierce Street and Hillcrest Avenue. According to the application, the subject property, historically, has been used for general commercial/office use. That use has not changed. However, the property is zoned Multiple Family Residential “Twelve” (RM-12). The applicant is requesting a zoning change to General Office (OG) in order to bring the existing use into conformity with a permitted zoning district. The Future Land Use Plan Classification of Residential Medium will be changed to Office General to conform with the proposed zoning district. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The applicant maintains that it would be a significant hardship and economically unfeasible for the property to be converted to a residential use. The application further indicates the structure located on the property was originally permitted as an office building and had not been put to any other use. Staff has no reason to dispute this assertion. The total land area for the subject site is 9,583.2 square feet (0.22 acres) which is under one acre. Four acres or more are required to establish a new Office General District. Although this property is under 4 acres, staff is in support of this rezoning due to the property’s proximity to General Commercial zoning district and the nonresidential style of the construction of the existing building on the property. Therefore, the request to rezone this property to OG would be consistent with the adjoining land use pattern to the north and east, and compatible with the existing contiguous CG zoning district. Planning Administrator Sandy Glatthorn said the existing building will meet the new zoning restrictions. She said the Planning & Zoning Board unanimously endorsed the application. Don Nash, representing the applicant, said the applicant wishes to put the property back to its original use as a physician’s office. He felt this property will become an asset to the neighborhood and generate tax dollars for the City. He said OG allows a medical clinic, OL does not. Concern was expressed regarding the amount of traffic a medical clinic might generate. Mr. Nash said there will be a limited number of employees. Commissioner Hooper moved to approve the Petition for Land Use Plan Amendment from Residential Medium to Office General and Zoning Atlas Amendment from Multiple Family Residential “Twelve’ (RM-12) to General Office (OG) for M&B 14/01 in Section 15-29S-15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6268-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6268-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6269-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6269-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The meeting recessed from 8:03 to 8:20 p.m. ITEM #16 - Public Hearing & First Reading Ords. #6270-98 & #6271-98 - Land Use Plan Amendment to Residential Office General & OL Zoning for property located at 1261-1283 Lakeview Rd., Cleveland Grove, Blk 7, Lots 62-64 and Boylan Sub., Lots 1-3 (Harry Free, TRE/ Valeri Hofmeister, TRE / Merle Blasjo, TRE, LUP98-04, Z98-07) The applicants are requesting a zoning change for Lots 62 through 64, Block 7, in Cleveland Grove and Lots 1 through 3 in Boylan Subdivision, generally located at the southwest corner of Boylan Avenue and Lakeview Road. These lots are now vacant. The applicants are requesting a zoning change from Multiple Family Residential “Eight” (RM-8) and Single Family Residential “Six” (RS-6) to Limited Office (OL) district in order to develop these properties into office type use. The Future Land Use Plan Classification of Residential Urban will be changed to Residential/Office General to conform with the proposed zoning district, and compatible with the Countywide Future Land Use Plan Classification on adjoining properties to the west of the subject lots. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The total land area for the subject site is 32,234.4 square feet (0.74 acres) which is under one acre and less than the minimum four (4) acres required to establish a new OL District. However, the proposed rezoning would be an extension into the existing OL zoning district to the west of the subject site. It will also result in consolidating this land corridor into one compatible zoning district and land use plan classification. The request to rezone these properties to OL would be consistent with the adjoining land use pattern to the west and compatible with the existing contiguous OL zoning district. It will also eliminate zoning fragmentation which has characterized this area. Harry J. Free, one of the owners, said this application is being filed jointly with others. They wish to sell all the property together and the zoning change would make this possible. The property will be developed for office use. Ms. Glatthorn reiterated the owners’ wish to sell all lots together and said a zoning change is required for best use. She noted the Planning & Zoning Board unanimously endorsed the application. Concern was expressed approving the zoning change to OL would result in stripping Lakeview Road. Commissioner Seel moved to approve the Petition for Land Use Plan Amendment from Residential Urban to Residential/Office General and zoning Atlas Amendment from Single Family Residential “Eight” (RS-8) and Multiple Family Residential “Eight” (RM-8) to Limited Office (OL) for Lots 62-64, Block 7, Cleveland Grove and Lots 1-3 Boylan Subdivision. The motion was duly seconded and upon the vote being taken, Commissioners Johnson, Clark, Hooper and Seel voted “aye;” Mayor Garvey voted “nay.” Motion carried. The City Attorney presented Ordinance #6270-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6270-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey The City Attorney presented Ordinance #6271-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6271-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey ITEM #17 - Public Hearing & First Reading Ords. #6275-98, #6276-98, #6277-98, #6278-98, #6279-98 & #6280-98 - Readoption of Land Use Plan Amendments previously adopted by Ords. #6066-96, #6130-97, #6142-97, #6154-97, #6157-97, & #6234-98 (related to EAR) This re-adoption involves 6 Land Use Plan Amendment items that were adopted between the period of September 19, 1996, through March 19, 1998. During this period, the DCA (Department of Community Affairs) found the status of the City’s EAR (Evaluation and Appraisal Report) to be in question. Therefore, now that the DCA has found the EAR to be sufficient, the City legal staff advises that these cases be re-adopted. A citizen asked the definition of “preservation”. The City Attorney said preservation allows for accessory uses such as a passive park. Geraldine Burt questioned whether a lot she owns would be affected by ordinance #6279-98 due to a notice she received. The City Attorney said the notice listed an incorrect lot number; however, the ordinance is correct. A question was raised if a corrected notice has been placed in the newspaper. Since this meeting, staff has found a corrected notice did appear in the newspaper prior to tonight’s meeting. The City Attorney presented Ordinance #6275-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6275-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6276-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6276-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6277-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6277-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6278-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6278-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6279-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6279-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None The City Attorney presented Ordinance #6280-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6280-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None Public Hearing - Second Reading Ordinances ITEM #18 - Ord. #6252-98 - Annexation for property located at 1825 Brentwood Dr., Lake Lela Manor, Lot 6 (Keith & Nancy Sawayda, A98-09) The City Attorney presented Ordinance #6252-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6252-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #19 - Ord. #6253-98 - RS-6 Zoning for property located at 1825 Brentwood Dr., Lake Lela Manor, Lot 6 (Keith & Nancy Sawayda, A98-09) The City Attorney presented Ordinance #6253-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6253-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #20 - Ord. #6254-98 - Annexation for property located at 1809 Kings Highway, Zephyr Gardens, Blk B, Lots 9-12 (Clearwater Neighborhood Housing Services, Inc., A98-10) The City Attorney presented Ordinance #6254-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6254-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #21 - Ord. #6255-98 - RS-8 Zoning for property located at 1809 Kings Highway, Zephyr Gardens, Blk B, Lots 9-12 (Clearwater Neighborhood Housing Services, Inc., A98-10) The City Attorney presented Ordinance #6255-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6255-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #22 - Ord. #6256-98 - Annexation for property located at 2435 Raymont Dr., Skyline Groves Sub., Lot 49 (John and Sharon Bothwell, A98-11) The City Attorney presented Ordinance #6256-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6256-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #23 - Ord. #6257-98 - RS-8 Zoning for property located at 2435 Raymont Dr., Skyline Groves Sub., Lot 49 (John and Sharon Bothwell, A98-11) The City Attorney presented Ordinance #6257-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6257-98 on second 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 #24-30) - Approved as submitted, less Item #29. ITEM #24 - Approval of Purchases per 5/5/98 memorandum: Ericsson GE Mobile Communications, radios & misc. support equipment to be used by police personnel, $28,480.50 (PD) Frontier Recycling, a division of Sanifill of Florida, disposal service during remaining portion of contract ending 9/30/98, increase in funding to $325,000 (SW) ITEM #25 - Authorize payment to Donald Swim, Claimant, for settlement of workers’ compensation indemnity claim, $87,408.06 (including attorney fee & costs)(FN) ITEM #26 - Extension to Bond Counsel Agreement with Bryant, Miller and Olive, P.A., to serve as City’s bond counsel for a 1 year period (FN) ITEM #27 - Extension to Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., to serve as City’s disclosure counsel for a 1 year period (FN) ITEM #28 - Amendment No. 1 to Joint Point Agreement with County for utility installation by roadway contractor for construction of Sunset Point Road, from US19 to McMullen-Booth Road, revising method of payment & reducing County CEI costs from 8% to 5% (PW) ITEM #29 - See below. ITEM #30 - Public access & right-of-way easement - Sec. 8-29-16 (Eisenhower Elementary School)(School Board of Pinellas County)(CA) Commissioner Clark moved to approve the Consent Agenda as submitted, less Item #29, and to authorize the appropriate offices to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - St. Petersburg/Clearwater Economic Development Council - Reappoint Mr. Evans (CLK) - The City appoints two members to this Council. Dick Evans’ term on this council expired May 5, 1998. He is interested in reappointment. The Council has stated that Mr. Evans is a valued member of the Council and has endorsed his reappointment. Mr. Evans’ business has a Clearwater mailing address, however, is not in the City limits. He is not a resident of the City. In response to a question, the Assistant City Clerk said there is no requirement of this board that members live or operate a business in the City. Mr. Evans has already served 2 terms on this board. A preference was indicated for Clearwater’s representation on this board be either a resident of Clearwater or operate a business in the City. Consensus was to solicit additional names for this position and continue this item to a future meeting. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Motorcycle Program for Police Department At Monday’s Work Session, Police Chief Sid Klein had presented a report on the proposed motorcycle program and implementation plan for the Police Department. Chief Klein said over the last 5 years, a citizen survey regarding public safety revealed a consistent need for traffic enforcement. He assured Commissioners the motorcycle program will be an effective tool due to restrictive policies and special training requirements. Motorcycles will effectively raise the visibility of the police force. Concerns were expressed regarding officers’ safety and National Safety Council statistics that reported a high number of motorcycle driver fatalities. Astrid Conyers-Almstedt spoke in opposition of the motorcycle program. Her father, a police officer, was killed on a motorcycle while on a night emergency call. She noted due to numerous accidents and injuries, Polk County is considering eliminating their police motorcycle program. Concern was expressed unforeseen street hazards and poor drivers can contribute to motorcycle accidents. A comment was made that officers, firefighters and others who volunteer for hazardous duty know the risks involved and choose to make sacrifices to serve their community. Giving those volunteers the proper tools to perform their jobs support their efforts. Commissioner Johnson moved to approve implementing a pilot motorcycle program in the Police Department, authorize seeking additional grant funding to increase the number of motorcycles in the pilot program, and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call the vote was: “Ayes”: Johnson, Hooper, and Garvey “Nays”: Clark and Seel Motion carried. ITEM #32 - Historic Preservation Board - 1 appointment (CLK) Commissioner Seel moved to appoint Peggy Word. The motion was duly seconded and carried unanimously. ITEM #33 - Beautification Committee - 2 appointments (CLK) Commissioner Clark moved to re-appoint Delphine Pullar. The motion was duly seconded and carried unanimously. Commissioner Seel moved to appoint Stephen Brown. The motion was duly seconded and carried unanimously. ITEM #34 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #35 - First Reading - Ord. #6281-98 - Relating to Firefighters Supplemental Trust Fund; amending Ch. 2, Div. 4, Firefighters Pension Plans, Subdivision III, Supplementary Pension and Retirement Plan, Secs. 2.441 through 2.450 The City Attorney presented Ordinance #6281-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6281-98 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 #36 - Other City Attorney Items - None. ITEM #37 - City Manager Verbal Reports - None. ITEM #38 - Other Commission Action Commissioner Seel announced Downtown by Dusk at Station Square Park every Friday through June 5, 1998 from 5:30 to 8:30 p.m. Commissioner Seel announced Roger Woodruff’s resignation from the Downtown Development Board (DDB). Glenn Warren is the new president. The DDB has approved $2,000 for support of the Downtown by Dusk program. The CRA (Community Redevelopment Agency) has requested $10,000 in additional funds for sod improvements for downtown. The DDB is still considering their request. Commissioner Seel said the Brown Bag Luncheon is ongoing every Tuesday and Thursday. A marketing study is being done to determine who is attending and why. Results should be available in the near future. Commissioner Seel distributed a picture of the Pinellas Trail mural being proposed for Bitman’s Shoe Store. Commissioner Hooper reported the County Charter Review Committee discussed countywide fire service for single fire districts. Commissioner Hooper said Harry Silcox has ended his tenure with the Airport Authority. Commissioner Hooper referred to an article in Florida Trend entitled “Getting Started in Tampa Bay” that stated the University of South Florida Small Business Development Center in partnership with GTE Florida has a new web site. Posted on the web site are requirements of new businesses, zoning permits, impact fees, and other information. He requested staff monitor that web site to ensure Clearwater’s requirements are listed correctly. Commissioner Clark questioned why staff discounted Crest Lake Park as a possible site for a skateboard park. The City Manager said the City is reviewing the pros and cons of many sites. Crest Lake park is in a residential area and parking issues exist. Commissioner Clark requested a skateboard park be centrally located in the City. He requested staff move forward with an ordinance regarding skateboards since the Pinellas Trail has not reduced the abuse of private and public property downtown by skateboarders. Commissioner Johnson expressed concern regarding the damage done to the Barnett Bank building by skateboarders. He is ready to move forward with a skateboard ordinance. Consensus was to bring a skateboard ordinance forward. Discussion of the concepts for an ordinance will be scheduled for the next work session. ITEM #39 - Adjournment The meeting adjourned at 9:22 p.m.