08-15-1991
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CITY COMMISSION MEETING
August 15, 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, August 15, 1991 at 6:00 p.m., with the following members
present:
Rita Garvey
Sue A. Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
A 150 present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commiss ioner
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
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The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by Reverend Del Copeland of the First United Methodist
Church.
In order to provide continuity for research, the items will be listed in agenda
order although not necessarily discussed in that order.
III - Service Pin Awards.
One service pin was awarded to a City employee.
IV - Introductions and Awards " none.
V - Presentations.
a) None.
b) Carol Warren presented a check on behalf of the Downtown Business Crime
Watch and the Police Department to the Sertoma Clubs of Clearwater to purchase
208 nDrug Free Zonen signs which are to be posted at schools, parks and
recreation areas. If anyone is arrested for drug activity where these signs are
posted, they may be subject to double the prison time and/or fines.
c) The Government Finance Officers Association (GFOA) distinguished budget
award for FY90-91 was presented to the City. This is the fifth year the City has
received this award.
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8/15/91
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ACTIOH AGENDA. CITY COMHISSIOH MEETING - August 15. 1991 (6100 P.M.)
Welcome. We are glad to have you Join us. If you wish to speak please ~ait to be
recogntzed. then state your ~ and addt's~ Personl speaking before the ctty
Commission on other than Public ~earing items shill be limited to 3 minutes. No plrson
shall speak more than once an the sams subject unless granted permtssion by the City
COll'lllhsion.
Hot Before 6:00 P.M. - Scheduled Public Hearings
Presentation of tssues by City staff. (5) Comments in support and in
Statement of case by applicant or oppositton: (a) individual (3
representative (5 minutes). minutes); (b) spokesperson for groups
Statement of case by opposition (10 minutes).
(5 minutes). . !6~ Commission questions.
Commission questions. 7 Rebuttal by opposition (5 minutes).
8 Final rebuttal by applicant or
representative (5 minutes).
VIII PUBLIC HEARINGS
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I. Pledge of Allegiance
II. Invocation
tIt. Service Pin Awards
tV. Introductions and Awards
V. Presentations: a) Todd Pre~sman
outline Youth Buiiders Program
b) Carol Warren to present check to
be usnd for ~Orug Free Zone- signs
c) GFOA Dtstinquished audget '
Presentction Award for FY90-91
VI. Minutes of Regular Heeting August
1, 1991
Vlt. Citizens to be heard re items not
on the Agenda.
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(4)
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9. Public Hearing & Second Reading Ord.
15118.91 - PrOViding for advance
refunding of outstanding gas system
revenue bonds
a) Res. '91.31 - Authorizing
negotiated sale of gas system revenue
bondsj Series 1991 to Smith Barney,
Harris Upham & Co., Inc.
b) Res. 191-32 - Providing for the
redemption of certain of the
outstanding gas system revenue bonds;
Series 1983
10. 1991/92 Budget: (AS)
a) First Reading Ord. 15115-91 /
Millage
b) First Reading Ord. '5116-91 /
Operating
c) First Reading Ord. 15111-91 /
Capital Improvement
11. Public Hearing & First Reading Ord.
'5119-91 . VAcating 51 utility
easement lying along E lot line of
lots 1 thru 6, Blk 40, Handalay
Sub.(O'Connell/City V91-08) (PW)
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8/15/91
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1. Mayor.
II. Rev. Dal Copeland, First United
Met~odist Church.
III. 1 pin awardod.
IV. Hone.
V. al Kone. .
b Check presentod.
C Plaque presented.
VI. ~p roved as submitted.
VII. complained regarding
tree s not befng trimmed along
Drew Street to prevent them befng hft
by buses.
~arrY Wellborn expressod concern
regarding the process to be used in
filling positions at the Sailing
Center.
Anthonv Chism~ requested quick action
on Bethel Lutheran Churchls requost
for sewer service.
9. Ord. 15118-91 adopted.
a) Res. 191-31 adopted.
.b) Res. '91-32 adopted.
10. a} Ord. '5115.91 passed 1st reading.
b Ord. 15116-91 passed 1st reading.
cOrd. 15117-91 passed 1st reading.
11. Approved. Ord. 15119-91 passed 1st
reading.
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. 12. (Cont. from 7/18/91) Public Hearing l 12. Approved. Qrd. '5105.91 gassed 1st
First Reading Ord. 15105.91 . reading with amended Exhi it A.
creatins Sec. 136.031, adopting
standar s and specifications for
stoMINat.r detlntton facilities:
amending Sec. 137.010, relating to
site plans and stormwater detention
requirements for development proiects
requiring site plan approval (PW Approved. Ord. 15124.91 passed 1st
13. Public Heariny a First Reading Ord. 13.
15124.91 . Re Ating to flood reading.
protlction; amending Sec. 146.004,
revising definitions of ~substantial
improvement" and "mll.rket va lue of the
structure" (PLD) Approved. Ords. 15113-91 & 15114.91
14. Public Hearing & First Reading Ord. 14.
15113-91 & 15114.91 . Land Use Plan ' passed 1st reading.
Amendment to Industrial and RD Zoning
for Parcel A and B: Parcet A locll.ted
in Sec. 17-29-16, MaB 21.00, less and
except'those lands zoned ALII, Parcel
8 located in Sec. 17-29-16. M&B
24.03, less and except those lands
zoned ALII (Buildin~ Operation
Holding Co., LUP91- 4, Z91.01}(PLO)
15. (Cont. from 6/4/91) Alcoholic 15. Continued to 9/5/91.
Beverage Distance Sepll.ration Variance
for property (Britt's Beachsid. Clfe)
located at 201 S. Gulfview Blvd.,
Lloyd.Whlte~Skinner Sub., Lots 48.52
and Lot 98 (Stanislaw, Budzinski,
AB91~07)(PLD) To be Cont. to 9/5/91
16. (Cont. from 7/18/91) Alcoholic 16. Approved with condition.
Beverage Distance Separation Variance
. for Pennuin Palace Restaurant located
at 7 Rockaway St., Miller's Replat,
Lot 2 & vacated beach drive on West
and Lot 3 (Al,xiou, AB91~15)(PLD)
17. Alcoholic Beverage Distance' 17. Continued to 9/19/91.
Separation Variance for Stinger's I
located at 18443 and 18449 US19N,
Levitz Plaza (formerly Grant's
Plaza), Units 4-6, Sec. 20.29~16,
M&Bs 33.02 & 33.021 (Ho.e ShoPPin~
Nltwork Realty, Inc. AB91-17)(PLO 1
,
18. Variance to the Sign Regulations for 18. Approved variance of 48.92 sq. ft. for
pro~erty (Ho.. Depot) located at sign on south sido of building and
218 0 US19H, Clearwater Collection 57.97 sq.ft. for sign on east side of
2nd Replat, Lot 1 (Ho.e Depot U.S.A., building with conditions.
Inc. SV91-14)(PLO)
19. Variance to Si~n Regulations for 19. Approved variance to allow si~n to
property (Oi~ tt Cadillac) located remain until 10/92 at which t me they
at 25191 US19H Sec. 32-28-16. M&B5 may reapply for the variance.
32.08 & 32.10 tOi_itt SV91-15) (PLD)'
20. Variance to Sign Regulations for 20. Approved additional business
property (Atriu. at Cloarwater identification sign with additional
Squlr.) located at 601 Cleveland St., 43 51.ft. of surface area with
Goula & Ewing 2nd Addn., Blk 13, Lots cond tions.
1-4 & vacated alley & un submerged
land to E (Karia Real Estat., Inc.
SV91-16)(PLI)) Approved variance of 37 sq.ft~ with
21. Variance to Sign Regulations for 21.
~roperty (Rooms to Go Furniture) conditions.
ocated at 24400 US19H, Blackburn's
Sub.. part of Lot 6 (Logan Clearwater
Association L.P., SV91-17){PLO)
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, 8/15/91
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Public Hearing - Second Reading Ordfnances
22. Ord. 15101-91 - Creating Div. 23A 2Z. Ord. 15101-91 adopted as amended.
within Chapter 13S! establishing a
new research, development and office
park district
23. Ord. '5120-91 - Repealing ~rt. I of ~3. Ord. ,SlZC-91 adopted.
Ch. 138, relating to standard '
building code: repealing Chs. 139,
140, 141, 142 And 144, electrical,
plumbing, gas, mechanical and
roofing: creating new Art.l within
Ch. 138
24. Ord. '5121-91 - Vacating N 3.5' of 24. Ord. '5121-91 adopted.
7.5' utility easement lying on S side
of lot II, Blk 24, 5th Addition to
Highland Pines Sub., less and except
W 25' thereof (H.l.uth V91~04)
25. Ord. 15122-91 - Vacating S 2.5' of 25. Ord. 15122-91 adopted.
15' utility easement lying along N
side of lot 36, Del Oro Groves, First
Additions less and except W 581
thereof \Bianco V91-07)
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CITY MANAGER REPORTS
IX CONSENT AGENDA (Items 126-46) IX Approved as submitted less '26.
Agreements
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26. Interlacel agreement with Pinellas
County extending the local option gas
tax ta August 31, 2007 (PW)
27. Revised Cooperation Agreement with
Pinellas County for use of funds to
be provided under the HOHES fedoral
bousing progr. (PlO)
28. Approving format for Agreement to
enter the Infi11 Housing Program
(PlU)
26. Approved as amended.
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Bids & Contracts
29. Annual contract to purchase black
3408 (PE) pipe to Phillips
Engineering Co., Clearwater, FL, for
the period 8/13/91-8/12/92, at an
estimated cost of $152,418 (GAS)
30. Purchase one Ford F-800 Truck with
trash body & crane loader from Mike
Davidson Ford, Jacksonville, FL, for
$57,966.75( financing to be provided
under City s Master Lease Purchase
Agreement with ATAT Credit Corp. (GS)
31. Rescind contract to Brooking Ford
Tractor Company and Award contract to
Ford New Holland, Inc., Tucker, GA,
for purchase of one ford 260-C Wheel
Tractor with box blade and dozer
blade for $18,548 (GS)
32. Contract for roof engineering and
design services for seven City
facilities to Professional Service
Industries, Inc., Clearwater, Fl{ at
an estimated cost of $35,500 (GS,
33. Purchase Order Contract to Smith
Fence Company to install new upgraded
backstop and wing fencing an the two
ballfields at Frank Tack Park for
$32,238 (PR)
8/15/91 3
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34. Purchase of Lot 1, Blk G, Highl.nd
TIM"CI MInor for $65,000
(Haynes)(rw)
35. Purchaso of a Traacs BOO Random
~ccess AutOllt,d th..ic.l SYlt.. for
the Wator Pollution Control
Laboratories from Bran I Luebbe
Analyzing Technologies, Inc..
Elmsford, HV, for $49,116 (PW)
Citizens I Staff Requests
36. Ranking of prospective consulting
engtn..rs to prep.re . POlE study for
the widening of Drew Street (PW)
37. Continuation in utilizing f.d.r.l
gr.nts to fund the Community Housing
Resource Board (CHRB), CAP Inc., and
the HAACP to conduct C~nlty
R.lations Outr..ch Activities (PLD)
Change Orders
38. C.O.1t to the 1991 SUbdrain Contrllct
" increasing the amount by $59,995 for
a new contract amount of $199,705
with Suncoast Excavating, Inc.,
Ozona, FL (PW)
Plans I Plats
39. preliminary Site Plan for Union
Stre.t United M.thodist Church
located at 1625 Union St.. Sec. 2-29-
15. H&B's 12.03 I 12.04, 4.88 acres
m.o.l. (PLD)
Receipt & Referral
40. Annexation, Land Use Plan Amendment
to Industrial and IL Zoning for a
part of Sec. 1-29-15, HlB 34.272.
2.40 acres (Johnson A91-09, LUP91-
10)(PLO)
41. Amendment to Sec. 72.15 concerning
the Sale or Service of Alcoholic
Beverages (ptU)
CITY ATTORNEY
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Agreements, Deeds I Easements
42. First amendment of easements with
Florida Power Corp. to the City for
water supply wells in Sec. 18-29-16
43. 5' drain.g., utility and sidewalk
eas...nt - H 5' of Lots 201 thru 208,
Hornings1de Estates Unit 1 Sub. (Beth
Shalom)
44. Dr.inag. and utility ..snent - NW
corner of Pinellas St. and S. Ft.
Harrison Ave. (Horton Plant Hospital)
45. Watt,. ..slIWInt over portion of Lot 2,
Clearwater Tower Sub. (HAS One Ltd.)
46. R1ght-of-v.y tlS...nt - 'rI lOt of Lots
S, 9. I 10, and portion of Lots 7, 11
& 12, 81k L. Hibiscus Gardens
(Community Pride Child Care Center of
" Clearwater, Inc.) ,
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. X OTHER ITEMS ON CITY MAnAGER REPORT
47. 1992 Legislative packay' 47. Approved as corrected.
48. Long Center Board of 0 rectors - 2 48. Continued to 9/5/91.
appointments "
49. Appointed 8ill Zinzow; Continued 2nd r
49. Center F~undatfon Board of Trustees - "
2 appointlllents appointlllent.
XI - O~her Pending Hatters XI None.
CITY ATTORNEY REPORTS
XII Resolutions
50. Res. '91-30 - DeClaring intent of 50. Res. '91-30 adopted.
City Commission relating to tolls at
New Clearwater Pass Bridge and
authorfzin~ the City Manager to
execute a ettor of understanding
with FOOT
XIII Other City Attorney Items XIII None.
XIV City Manager Verbal Reports XIV None.
XV Other Commission Action XV
51. Set meeting dates for City Manager 51. Set for 9/16/91 after Worksession.
and City Attorney evaluations Fitzaerald reported Hayor1s Council
has formed a Task Force to review
. annexation of enclaves and has asked
him to serve on the Task Force.
.
XVI Adjournment XVI 10;29 p.llI.
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8/15/91
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~ VI - Minutes of the Reaular Meetinq of Auaust 1. 1991
COll111issioner Fitzgerald moved to apfrove the minutes of the regular meeting
of August 1, 1991, as recorded and subm tted in written summation by the City
Clerk to each Commissioner. The motion was duly seconded and carried
unanimously.
VII - Citizens to be heard re items not on the Aaenda.
Robert Clark complained regarding tree limbs along Drew Street not being
trimmed creating a problem for the bus drivers and requested staff investigate.
Larrv Wellborn expressed concern regarding the procedure to be used in
filling positions at the Sailing Center. It was indicated the selection process
would be handled through the proper channels.
Anthonv Chisma, representing Bethel Lutheran Church, requested quick action
be taken on their request for sewer service.
VIII ~ PUBLIC HEARINGS
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ITEM 19 - Public Hearina & Second Readina Ordinance #5118-91 - Providina for
advance refundina of outstanding gas system revenue bonds
Finance Director Dan Deignan stated the refunding of the bonds wi 11
generate a savings for the City. He said even though there is a reduction in the
interest rate the return will still be significant.
Representatives from Raymond James & Associates, Inc., distributed a
Pricing Book regarding the revenue bonds and reviewed the summary of financing,
the credit report, annual debt savings by year, etc. The bonds will be AAA with
a $7,680,000 issuance cost. A total debt service savings of $752,919.07 will be
realized. The closing date is set for Septenlber 4, 1991 and it is felt the 6.87
percent interest rate obta ined by Smith Barney, Harris Upham & Company, Inc., the
underwriters, is favorable.
The City Attorney presented Ordinance #5118-91 for second reading and read
it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance
#5118-91 on second and final reading. The motion was duly seconded. Upon roll
call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
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ITEM N9a - Resolution #91-31 - Authorizino neaotiated sale of aas system revenue
bonds: Series 1991 to Smith Barney, Harris Upham & Co., Inc.
The City Attorney presented Resolution 191-31 and read it by title
only. Commissioner Regulski moved to pass and adopt Resolution #91-31 and
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CCmtg
8/15/91
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authorize the appropriate officials to execute same. The motion was duly
seconded. upon roll call the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nayslt: None.
ITEM 19b - Resolution #91-32 - Providing for the redemotion of certain of the
outstandina Qas system revenue honds; Series 1983
The City Attorney presented Resolution 191-32 a~ld read it by title only.
Commissioner Berfield moved to pass and adopt Resolut ;on 191-32 and authorize the
appropriate officials to execute same. The motion was duly seconded, upon roll
call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IINaysn: None.
Based on Commission direction, the City Manager presented recommendations
reducing the proposed budget to the roll back millage rate of 5.1158. He stated,
once this budget is adopted, he would immediately start to work to close the $1.6
mi 11 ion gap we are facing for the FY 1992/93 budget. The proposed reductions are
as follows:
Category One
Error correction, Fun and Sun Contribution
Custodial costs savings as a result of recent bid
Messenger savings due to fax machine installation
Delete $7,500 from Library 75th Anniversary
Subtotal
Category Two
Delete Tree Inventory Program from Environmental
Reduce Professional Services in Finance Dept.
Reduce General Fund Overtime
Transfer Street Sweeping Costs from General Fund to
Stormwater Utility
Transfer Contribution for Tampa Bay Estuary from
General Fund to Stormwater Utility
Transfer 1.5 positions from the Long Center to the
Sailing Center and eliminate an additional .5
position from the Long Center
Eliminate one position from the Sailing Center
Reduce Library book purchases
Reduce Contractual Servi~es in legal and Finance
CCmtg
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$ 20,955
12,900
3,125
7.500
44,480
$ 10,000
30,000
100,0110
58,000
9,000
37,240
16,190
20,000
28.430
8/15/91
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Subtotal
Grand Total
$308.860
$353.340
It was suggested a policy decision be made by the Commission to cap the
number of employees at the current level of 1611.4. It was indicated the budget
already puts a cap on employees and a policy statement would be redundant.
Concern was expressed that it is difficult to forecast when additional employees
may be needed in order to meet state and federal regulations or for public safety
reasons.
A question was raised regarding what effect eliminating all funds for
professional services in the finance Division would have on financial controls.
It was reported there would be no effect on the controls but there would be a
longer transition period in converting to a new computer system.
In response to a question, it was indicated the General Fund overtime
reduction would occur in a majority of departments, mostly in the Police.
Discussion ensued regarding the contribution to the Florida Orchestra.
Commissioner Fitzgerald moved to adopt the position regarding the Florida
Orchestra that funds will be provided on a challenge basis up to $10,000. The
motion was duly seconded.
Concern was expressed that having the Florida Orchestra meet the challenge
for the full amount, especially this year, may jeopardize their financial
position at this time. Also, it was felt the cultural desires of the community
need to be considered and a $10,000 contribution would show the City's commitment
to support the Florida Orchestra and at the same time other area cities will be
challenged to also provide support. There was discussion regarding conveying a
message to the Florida Orchestra that the City may pursue a different
relationship with the Florida Orchestra in the future. It was questioned whether
to specify the cities to be included in the challenge.
Commissioner Fitzgerald amended his motion to specify Largo, Safety Harbor,
Dunedin, Tarpon Springs, Oldsmar and Pinellas County as those being challenged
to support the Orchestra. The seconder accepted the amendment.
Upon the vote being taken on the amended motion, Commissioners Nunamaker
and Fitzgerald voted "aye;1I Commissioners Regulski and Berfield and Mayor Garvey
voted "nay. II Motion failed.
tommissioner Regulski moved to approve a contribution of $10,000 to the
Florida Orchestra with an additional $5,000 to be given when and if during the
fiscal year the surrounding communities of Dunedin, Largo and Safety Harbor
contribute $5,000 total. The motion was duly seconded and upon the vote being
taken, Commissioners Regulski, Nunamaker and Berfield and Mayor Garvey voted
Uaye;1I Commissioner Fitzgerald voted "nay.1I Motion carried.
CCmtg
8/15/91
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. Discussion ensued in regard to the contribution to the Tampa Bay Estuary
Program and it was felt this program is important and a challenge should be made
to surrounding Tampa Bay communities to become involved.
Three citizens spoke in regard to the budget. The Corranission was
complimented on its policy of promoting from within of both the City Manager and
Assistant City Manager. The City Manager was complimented on the budget format
and forecast and conunended for rolling back the millage rate. The Commission was
urged to read a comprehensive budget report and criteria for improving the
budget. It was felt this year's budget was clearer than in the past. Attention
to overtime throughout the entire budget was requested. Concern was expressed
that recreational facilities were getting out of hand as Clearwater residents
were not the only users. It was recommended these non-residents pay a
substantial fee through an agreement with the county. It was also felt the Long
Center needed a closer look.
Concern was expressed that the dollars budgeted for Police Department
overtime were looked at as being overabundant. It was indicated this fund acts
as a safety valve for meeting specific problems and demands placed upon the
Police Department.
It was noted that the Tampa Bay Estuary Program does have a sunset clause.
The City Manager reported there will be a General Fund cash reserve of
approximately $485,000 which is above the 10 percent reserve established by
Commission policy. He proposed this surplus be designated as a special reserve
fund to pay for the salaries of retired public safety employees who remain on the
payroll but who are not actually working. This will allow for their replacement
or the position can remain vacant until they are off the payroll. In response
to a question, the City Manager indicated it is difficult to budget monies for
these employees.
.
Discussion ensued in regard to the liability regarding retiring employees
getting worse each year; however, it was questioned whether a special fund should
be set up for this purpose. It was pointed out the City Manager has the
discretion to fill positions that need filling with the budget adjustment coming
from the surplus fund. The City Manager asked direction in regard to filling
vacant positions and the use of surplus funds. Consensus was to support the
paying of salaries for those police and fire personnel retiring and staying on
the payroll from the excess in the surplus fund but not to set up a special fund
for same.
a) First ReadinQ Ordinance #5115-91 Declar-inQ a Mi llaae Rate to be levied for the
Fisca 1 Year beainnina October 1. 1991 and endino September 30 I 1992. for
Operation Purposes Including Pensions and Debt Service Road and Drainage Capital
Improvements. and A reserve for Self Insurance.
The City Attorney presented Ordinance #5115-91 for first reading and read
it in full. Commissioner Fitzgerald moved to pass Ordinance #5115-91 on first
reading. The motion was duly seconded and upon roll call, the vote was:
.
CCmtg
8/15/91
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"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
ItNays": None.
b) First Readina Ordinance 15116-91 Adootina an Ooeratina Budaet for the Fiscal
Year beainnina October 1. 1991. and endina Seotember 30. 1992: Authorizina the
Citv Manaaer to Issue Such Instructions that are Necessary to Achieve and
Accomolish the Service Proarams so Authorized: Authorizina the City Manaaer to
Transfer Moneys and Proarams Amona the Deoartments and Activities Within any Fund
as orovided by Chaoter 41 of the Clearwater Code of Ordinances.
The City Attorney presented Ordinance #5116-91 for first reading and read
it by title only. Commissioner Regulski moved to pass Ordinance #5116-91 with
corrected Exhibit A on first reading. The motion was duly seconded and upon roll
call, the vote was: '
llAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
llNaysll: None.
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c) Ordinance #5117-91 Adootina the Caoital Imorovement Proaram Budaet for the
Fiscal Year beainnina October 1. 1991. and endina September 30. 1992: Aoorovina
the Six-Year Caoital Improvement Proaram which shall be Reevaluated at the
beainnina of each Fi sca 1 Year: Authorizina the City Manaaer to Issue Such
Instructions that are Necessarv to Achieve and Accomolish the Capital
Improvements so Authorized: Authorizina the Citv Manaaer to Transfer Monev
between Projects in the Caoital Improvement ProQram: Aoorooriatina Available and
Anticioated Resources for the Projects Identified.
The City Attorney presented Ordinance 15117-91 for first reading and read
it by title only. Commissioner Regulski moved to pass Ordinance #5117-91 with
corrected Exhibit A on first reading. The motion was duly seconded and upon roll
call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
The meeting recessed from 8:00 p.m. to 8:10 p.m.
ITEM '11 - publ ic Hearina & First Readina Ordinance #5119-91 - Vacating 51
Ittility easement lying along E lot line of Lots 1 through 6, Blk 40, Mandalay
Sub. (O'Connell/City V91-08) (PW) .
The applicant is requesting the vacation of the 5 foot Utility Easement
lying along the east side of Lot 1, Block 40, Mandalay Subdivision. Their pool
structure and the decking were built into the easement. The platted depth of the
subject lot is 111 feet. The measured depth to the seawall is 131.1 feet along
the south property line and 131.45 feet along the north property line. The
CCmtg
8/15/91
"
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. app1icantls survey shows the easement lying along the original platted east lot
line. Several of the homes in the same block have structures encroaching into
the easement. The City has no existing utilities within the easement. The
Engineering Division is suggesting the full easement along the east side of Block
40 be vacated. This request has been reviewed by the various City
Departments/Divisions and there were no objections to the vacation. Florida
Power, General Telephone and Vision have no objections.
Commissioner Regulski moved to approve the vacation of the North-South 5
foot Utility Easement, lying along the East lot lines of Lots 1 through 6, Block
40, Mandalay Subdivision. The motion was duly seconded and carried unanimously.
:he City Attorney presented Ordinance *5119~91 for first reading and read
it by title only. Commissioner Fitzgerald moved to pass Ordinance 15119-91 on
first reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfie1d and Garvey.
.
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"Nays": None.
ITEM #12 - (Cont. from 7/18/91) Public HearinQ & First Reading Ordinance #5105-91
- Creating Sec. 136.031, adopting standards and specifications for stormwater
detention facilities; amending Sec. 137.010, relating to site plans and
stormwater detention requirements for development projects requiring site plan
approval (PW)
Property undergoing development within the City of Clearwater has for many
years been subject to storllYHater detention and treatment requirements based
primarily upon the extent of impact the development occasioned. In the case of
redevelopment of property which was at the time of its initial development not
subject to any storllMater requirements and therefore extensively paved or
otherwise irnpervioust the impact of the redevelopment is often a betterment to
the stormwater situation, and the developer circumstantially avoids having to
provide stormwater facilities.
In the City's Comprehensive Plan. it was pledged to eliminate that inequity
by adopting new retrofit standards relative to stormwater requirements. This was
in fact accomplished by the City Engineer in January, and redevelopers have been
subject to the new requirements since that time. The subject Ordinance has been
written for the purpose of specifically ordaining the actions of the City
Engineer and for certain streamlining.
Downtown interests have expressed a desire that the Urban Center zoning
area be exempt from code requirements relating to stormwater detention. While
the ordinance has not been brought forward with any exclusionary language, staff
has no problem with such an exception inasmuch as the downtown area is already
the recipient of certain special considerations designed to encourage
redevelopment.
CCmtg
8/15/91
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Bill Baker, Public Works Director, said this ordinance removes the
mathematical quirk that allowed development with no detention requirements
to escape these requirements again. He said redevelopment needs to be encouraged
but not at the expense of the environment and that the requirement for water
quality is being adhered to. He discussed the design criteria for stormwater
management and how design coefficients are obtained on a weighted run-off method
for both predevelopment and post development. It was recommended that on page
1 and on page 5 of the "Design Criteria, Storm Drainage--City of Clearwater"
relating to stormwater drainage and detention that reference made to the run-off
coefficient of .37 for impervious areas undergoing redevelopment be eliminated
and replaced with the table distributed at tonight's meeting which contained more
"sophisticatedll calculation formulas.
Discussion ensued in regard to language being added to the ordinance
clarifying when a retention project is llunderwayll in order to determine what
formula to use. The City Attorney recommended doing this in the form of a
footnote added to the ordinance. Consensus was to add language prior to second
reading of the ordinance.
One citizen requested the downtown not be exempted and to use the strictest
interpretation of this ordinance. He encouraged the requirement for green space
wherever possible.
A representative of the Chamber of Commerce questioned how the new equation
would alleviate concerns for the downtown. He strongly supported the exemption
for the downtown. He sa i d money generated from the ut i1 ity fee pays for
retention in the downtown and felt that special consideration for the downtown
would not be detrimental to water quality and quantity.
A member of the Environmental Advisory Committee asked for clarification
of what constitutes "redevelopment" and requested the location of the flood
problem areas.
There was discussion regarding all redevelopment areas being treated
equally throughout the City. Information regarding which areas were having
flooding problems, ;n particular, the Downtown, was requested. Staff is to
provide this information prior to second reading.
Commissioner Regulski moved to approve the requirement that redevelopers
of property in the City of Clearwater abide by the same standards relating to
stormwater as first time developers. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5105-91 for first reading and read
it by title only. Commissioner Regulski moved to pass Ordinance 15105-91 with
amended Exhibit A on first reading. The motion was duly seconded and upon roll
call, the vote was:
lIAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CCmtg
8/15/91
8
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The City Attorney announced second reading of the ordinance will be held
at a Special Meeting on August 29, 1991 at 5:01 p.m.
ITEM 113 - Public Hearing & First Reading Ordinance 15124"91 - Relating to flood
protection: amending Sec. 146.004, revising definitions of "substantial
improvement II and "market value of the structure" (PLD)
The City Attorney and City staff have identified a need to revise the
definition for "substantial improvement" in the flood protection ordinance due
to a concern about the consistency of treatment of properties on Clearwater Beach
and Sand Key and those on Island Estates. The concern is that these areas share
similar characteristics with regard to flood activity; therefore, these areas
should be treated in a similar fashion under all regulations.
State and federal 1 aws differ wi th regard to how these two areas are
described and regulated. The federal requirements (FEMA) define both Clearwater
Beach and Island Estates as "areas of special flood hazardll, while the State of
Florida defines only Clearwater Beach and Sand Key as being areas within the
"coastal building zone".
Because of these distinctions, the City code currently provides for a
substantially dissimilar treatment of these areas. With regard to the definition
of what constitutes lIsubstantial improvementll, Clearwater Beach and Sand Key are
governed by a "cumulative tota 1" state "ruleu concerning substantia 1 improvements
that limit improvements to a structure to 50% of the value of the structure
cumulative over the life of the structure before full compliance with flood
protection requirements must be achieved.
Island Estates, however, is governed by a federal rule which states that
local governments may establ ish regulations which reflect appropriate time
periods for what constitutes IIsubstantia 1 improvements". In this case, the City
has established a definition of IIsubstantial improvementll that limits
improvements to a structure to 50% of the value of the structure cumulative ~
a one year period before full compliance with flood protection requirements must
be achieved.
Legal research has revealed that the state "rulell is based solely on an
informa 1 staff opinion from the Florida Department of Community Affairs.
Consequently, since no formal rule has been established, as required under the
Administrative Procedures Act (Chapter 120, Florida Statutes), the state IIruleU
is not binding on the City.
The proposed change to the definition of "substantia1 improvement II simply
consolidates the flood protection requirements for Clearwater Beach, Sand Key and
Island Estates to reflect current City regulations relating to federal
requirements. That is, for these areas, improvements to a structure are limited
to 50% of the value of the structure cumulative over a one year period before
full compliance with flood protection requirements must be achieved.
CCmtg
8/15/91
9
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The proposed change to the definition of "market value of the structure"
1s made to eliminate inconsistencies associated with the changes to the
definition of "substantial improvement".
A representat i ve of the Chamber of Commerce spoke in regard to this
ordinance expressing concern if this ordinance is not adopted the beach
communities would be economically impacted causing deterioration and he strongly
endorsed its passage.
In response to a question, the City Attorney indicated he would send a copy
of this ordinance to FEMA.
Connniss ioner F itzgera 1 d moved to approve the Land Development Code
Amendment wh ich revises the definitions of "substantia 1 irnprovementstl and Umarket
value of the structureU with regard to the Flood Protection Regulations. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5124-91 for first reading and read
it by title only. Commissioner Fitzgerald moved to pass Ordinance 15124-91 on
first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNaysll: None.
Second reading of the ordinance will be held on September 5, 1991.
Concern was expressed in considering a zoning application for a zoning
district before it is established and it was requested that Item 622 be taken out
of order.
ITEM 622 - See paae 17
ITEM 114 - Public Hearing & First Readina Ordinance #5113-91 & 15114-91 - Land
Use Plan Amendment to Industrial and RO Zoning for Parcel A and B: Parcel A
located in Sec. 17-29-16, M&B 21.00, less and except those lands zoned ALII.
Parcel B located in Sec. 17-29-16, M&B 24.03, less and except those lands zoned
ALII (50 acres m.o.l.) of the Park Place Development of Regional Impact (DRI)
located between Drew Street, Gulf-to-Bay Boulevard, U.S. Highway 19 and Hampton
Road (Building Operation Holding Co., LUP91-04, Z91-01)(PLD) ,
.
This is a request to modify a portion of Phase II and all of Phase III of
the Park Place Development of Regional Impact (DRI) to allow industrial land uses
in lieu of office uses. Park Place is a 99.1 acre office and retail development
located across Gulf-to-Bay Boulevard from Clearwater Mall.
" At this point in time, the original owners of the project have gone through
foreclosure and the new owner, Building Operation Holding Company, has a client{
American Cyanamid, interested in developlng the subject property (48.421 acres)
with "light, clean manufacturing usesll. The property is currently zoned General
Office with a Residential/Office land use classification.
CCmtg
8/15/91
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. In order to accommodate the proposed uses, a land use plan amendment and
a zoning amendment is needed. This action will be in compliance with Chapter
380.06, Florida Statutes, requiring a Notice of Proposed Change to an already
approved DRI.
Industria 1 uses typica lly generate less traffic than do office developments
of a similar size so it is anticipated that the proposed development will have
a significantly reduced impact on road facilities from the original development
plan.
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The Park Place DRI has been adopted in the Clearwater Comprehensive Plan
as a Regional Activity Center (RAC), a geographic location having adequate
existing infrastructure and transportation facillties and where new development
is encouraged to be built rather than in areas needing new infrastructure.
Additional development in accordance with Phases II and III of the
conceptual development plan wi 11 require the payment of additional transportation
impact fees. Additional considerations required for the approval of subsequent
phases are included in the development order. Annual reports must be submitted
for approval by the City and Regional Planning Council. September is the
anniversary month for the annual reports for the Park Place DRI.
Timothy Johnson, attorney representing the owner and contract purchaser,
stated American Cyanamid IS faci 1 ity has been outgrown. They have the opportunity
to acquire a substantial portion of the Park Place Development of Regional Impact
(DRI). He said they will manufacture lenses used after cataract surgery and
feels the use is appropriate for the property. In response to a question, it was
indicated the facility will be one-story.
In response to a question, it was anticipated at this time approximately
48 acres would be transferred to the RDIO district but could be less depending
upon the exact location being identified. It was noted second reading of the
ordinance will take place in December and the application will require going
through the DRI process.
Discussion ensued in regard to the size of the facility and it was
indicated the faci 1 ity would use approximately 20 acres and the remaining acreage
would remain in the office category.
Commissioner Regulski moved to approve a land use plan amendment to
Industrial and a zoning amendment to Research, Development and Office Park (RD)
for a portion of Phase II and all of Phase III (48.421 acres) of the Park Place
Development of Regional Impact. The motion was duly seconded and carried
unanimously. .
The City Attorney presented Ordinance #5113-91 for first reading and read
it by title only. Commissioner Regulski moved to pass Ordinance 15113-91 on
first reading. The motion was duly seconded and upon roll call, the vote was:
CCmtg
8/15/91
11
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"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
The City Attorney presented Ordinance 15114-91 for first reading and read
it by title only. Commissioner Regulski moved to pass Ordinance #5114-91 on
first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #15 - Cant. from 6 4 91 Alcoholic Bevera e Distance Se aration Variance
for property Britt's Be~chside Cafe located at 201 S. Gulfview Blvd., Lloyd-
White-Skinner Sub., Lots 48-52 and Lot 98 (Stanislaw, Budzinski, AB91-07)(PLD)
To be Cant. to 9/5/91
This item has been continued several times due to pending appeal action.
The Administrativ~ Hearing Officer's determination relative to the denial of a
parking variance has not been received. It is recommended this item be continued
to allow the determination to be received and reviewed by staff.
Commissioner Regulski moved to continue this item until the next regularly
scheduled meeting of September 5, 1991. The motion was duly seconded and carried
unanimously.
ITEM #16 - (Cont. from 7/18/91) Alcoholic BeveraQe Distance Separation Variance
for Penguin Palace Restaurant located at 7 Rockaway St., Miller's Replat, Lot 2
& vacated beach drive on West and Lot 3 (Alexiou, AB91-15)(PLD)
The subject property is located in the CR-28 zoning district, which
automatically establishes a requirement for a separation variance since the CR-28
district is regarded as a residential district and alcoholic beverage uses are
required to be separated from residential districts.
On April 2, 1991, the Planning and Zoning Board granted a conditional use permit
to allow an ownership change for the establishment, as well as to permit
expansion of the outdoor seating area located on the west side of the property.
The approval was subject to the following conditions: 1) the requisite
occupational license shall be obtained within one year from the date of the
public hearing: 2) the applicant shall obtain the required variances from the
Development Code Adjustment Board: 3) the applicant shall obtain the required
variances from the Commission: and 4) the applicant shall obtain the requisite
permits from the state Department of Natural Resources.
The existing deck of this establishment has been the subject of protracted
code enforcement action. Most recently, on January 8, 1991, the Municipal Code
Enforcement Board (MCEB) heurd a code violation case involving the deck. The
CCmtg '\
8/15/91
12
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. essence of the code violation is that the existing deck is built west of the
CCCL, over City right-of-way, and has never received the necessary City permits
or a Department of Natural Resources permit for the deck's construction.
An affidavit of non-compl iance was submitted to the MCEB on April 11, 1991.
The fine is being assessed at $100.00 per day. The applicant has submitted an
application for a permit to Florida Department of Natural Resources.
The MCEB provided the applicant with a 90 day period to comply with City
and State requirements. This separation variance request is one of the required
approvals that the applicant must obtain in order to "legitimize" the eXisting
deck and allow its expansion. The applicant has been delayed in pursuing the
required approvals due to one proposed new owner deciding to withdraw his offer
to purchase the facility.
The Planning and Development Director stated the applicant has applied for
state permits and the Development Code Adjustment Board at their meeting of
August a, 1991, had approved variances to allow the existing deck to remain
subject to all necessary permits and approvals being obtained. An alcoholic
beverage separation variance had been granted in November 1988; however, the size
of the deck at that time is unknown.
In response to a question, it was indicated that variances go with the land
and not the owner.
George Greer, attorney representing the app1icant(tenant), stated the deck
had been built and expanded without permits by previous owners. In 1988. an
attempt was made to t11egitimizeu the existing deck; however, the new owner did
not fo 11 ow through in obta i n i ng the necessary permits. The property has now been
repurchased by the current owner. He said the neighboring Clearwater Beach Hotel
had no objections to ~legitimizing" what is already there.
.
Commissioner Regulski moved to approve a variance of 250 feet to allow
alcoholic beverage sales within 0 feet from a residential zone on a deck area not
to exceed a total of 972 square feet. The motion was duly seconded and upon the
vote being taken, Commissioners Regulski, Fitzgerald and Nunamaker and Mayor
Garvey voted lIaye"; Commissioner Berfield voted unayu. Motion carried.
ITEM #17 - Alcoholic Bevera e Distance Sa aration Variance for Stingerls located
at 18443 and 18449 US19N, Levitz Plaza formerly Grant's Plaza), Units 4-6, Sec.
20-29-16, M&Bs 33.02 & 33.021 (Home Shopping Network Realty, Inc. AB91-17)(PLD)
The Planning and Zoning Board continued the conditional use permit
associated with the above referenced variance request until its meetlng of
September 3, 1991. Consequently, this item needs to be continued until September
19, 1991.
Commissioner Berfield moved to continue this item until the regularly
scheduled meeting of September 19, 1991. The motion was duly seconded and
carried unanimously.
.
CCmtg
8/15/91
13
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ITEM #18 - Variance to the Sign Reaulations for property (Home Depot) located at
21870 US19N, Clearwater Collection 2nd Replat, Lot 1 (Home Depot U.S.A., Inc.
SV91-14)(PLD)
The applicant is requesting two variances to the sign regulations to permit
him to install signage he contends is necessary to properly identify his new
store presently under construction at the Clearwater Collection Shopping Center.
Both of the requested variances are for increased surface area beyond that
permitted by the sign regulations.
On earlier requests for sign variances for this development, the Clearwater
Collection Associates, Ltd. argued that the limitation of signage for CPO
(Commercial Planned Development) placed this development at a disadvantage when
compared to other business centers along USI9. In the last variance granted for
this development relating to property identification signage, the Commission
stipulated that no further ground or pole signs shall be permitted for property
identification signs for the Clearwater Collection Shopping Center. Therefore,
further property identification signage is required to be wall or projecting
signs.
The proposed business identification sign appears to be approximately the
same size as the applicant presently has on his store at U519 and Enterprise, and
for which a notice of non~compliance with the City's sign regulations was sent
as a result of the sign survey.
Todd Pressman, representing the applicant, said the proposed size of the
sign on the south side of the building is being reduced as it is will only be
functional from the parking lot. The letters will be approximately 3.3 feet high
and will comprise approximately 2.9 percent of building frontage.
Discussion ensued in regard to the business being located more than 200
feet from U.S. Highway 19 and approximately 1000 feet from Drew Street. It was
felt the number of property identification signs was minimal and the reduction
of the size of the sign was reasonable.
Commissioner Regulski moved to !QP.rove a variance of 48.92 square feet
surface area to permit a business identification sign with a total of 176 square
feet on the south side of the building and a variance of 57.67 square feet
surface area to permit a property identification (wall) sign with a total of
185.67 square feet on the east side of the building subject to the following
conditions: 1) all required permits shall be obtained within six months of this
public hearing; and 2) the applicant shall not be permitted any additional
freestanding or attached signs for this property or business, other than
directional signs allowed by Code. The motion was duly seconded and carried
unanimously.
It was noted for the record in approving this request the setbacks and the
type of sign, which will be comprised of individual letters, were taken into
consideration.
CCmtg
8/15/91
14
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. .ITEM 119 - Variance to Sian Reaulations for property (Dimmitt Cadillac) located
at 25191 USI9N, Sec. 32-28-16, M&Bs 32.08 & 32.10 (Dimmitt SV91-15)(PLD)
The applicant is requesting a variance to permit the modification of an
existing sign in a Highway Commercial District (CH). The applicant's sign was
cited as non-complying during the City's sign survey, both as to surface area and
height. The applicant proposes to reduce the surface area to a conforming size
by removing the GM logo, but wishes to maintain the major sign element as it is,
which is approximately 36.5 feet high. The sign regulations restrict all pole
signs which are under 150 sq.ft. in surface area to 20 feet in height.
The applicant states the existing height is necessary in order for it to
be visible and effective in assisting traffic on U.S. Highway 19 to locate the
car sales establishment. He further states the sign does not detract from
neighboring properties and that trees and power lines would interfere with the
visibility of the sign if it was lowered to 20 feet. A site visit by staff
confirmed the sign does not interfere with adjacent property. It was noticed
that power lines are presently in the line of motorists' view of the sign. If
the sign were lowered, it does not appear that trees would unduly limit the
viSibility of the sign.
Gordon Schiff, representing the applicant, said the request is for a single
height variance. He said the business is setback 40 feet due to the significant
frontage and landscaping, Florida Power easements and power poles. The applicant
will agree to the stipulation there be no sign on the bUllding. He said the
request is minimal. the intent of the code is being met and, if the sign is
lowered, it will be difficult to identify the business.
.
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In response to a question, it was indicated the sign is under the maximum
square footage allowed.
Commissioner Nunamaker moved to approve a variance to allow a sign to
remain unti 1 the amortization date of October 13, 1992 at which time the
applicant may reapply for the variance. The motion was duly seconded.
Discussion ensued in regard to a 1985 agreement allowing the subject sign
to be moved from the downtown area to the present site and the applicant waiving
his right to have a sign on the building. There was also discussion if no action
is taken, the applicant can still reapply for the variance after the amortization
period. It was indicated the proposed overpass may possibly provide some merit
for allowing additional sign height.
Upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield
voted lIayeiu Commissioner Fitzgerald and Mayor Garvey voted unay.u Motion
carried.
ITEM #2 - Variance to S1 n Re ulations for property (Atrium at Clearwater
Square located at 601 Cleveland St., Gould & Ewing 2nd Addn., Blk 13. Lots 1-4
& vacated alley & unsubmerged land to E (Maria Real Estate, Inc. SV91-16)(PLD)
.
CCmtg
8/15/91
15
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The applicant is requesting a variance to permit construction of additional
signage for identification of the Sun Bank bUilding (to be known as Atrium at
Clearwater Square) and of the businesses within this 9 story building. The
requested signage is primarily to assist pedestrians in locating the building and
businesses therein. The City1s sign survey found that the existing signage for
this building is in compliance with the sign regulations.
Presently, the Sun Bank has two approved business identification signs at
the top of the applicant I s building. These signs are too high to assist
pedestrians in identifying the building. The applicant is requesting a building
identification sign at street level to enable pedestrians to more readily
identify the building. The directory portion of the proposed sign is to assist
pedestrians in identifying businesses occupying the building without having to
enter the building to find a directory.
Troy Millenburg, representing the applicant, submitted a scaled drawing of
the proposed directory sign stating the sign will be limited to the ten largest
tenants. He indicated their original request was for 6-inch letters. Staff is
recommending 3-inch letters. He is now requesting S-inch lettering as the
landscaping would not allow for pedestrian traffic to get nearer than 30 feet and
would be proportionate to the overall sign.
Commissioner Nunamaker moved to approve variances for: a) one additional
business identification sign (total of three) to permit the placement of a
combined building identification/directory sign; and b) 43 sq.ft. additional
surface area for the hU51~ess identification sign to be used as the building
identification/directory sign; subject to the following conditions: 1) the area
of the portion of the sign used for building identification shall not exceed 35
sg.ft.; 2) letters for the directory sign shall not exceed 5 inches in height;
3) the overall area of the portion of the sign used as a directory sign shall not
exceed 56 sq.ft.. 4) all required permits shall be obtained within six months of
this public hearing. 5) no additional business identification signage beyond that
presently existing and that proposed in this request shall be permitted; and 6)
there shall be a maximum of ten tenants identified on the sign. The motion was
duly seconded and carried unanimously.
ITEM #21 - Variance to Sian ReQulations for property (Rooms to Go Furniture)
located at 24400 US19N, Blackburn I s Sub., part af Lot 6 (Logan Clearwater
Association L.P., SV91-17)(PLD)
This is a request for a sign variance to permit a 52 sq.ft. attached
business identification sign where 15 sq. ft. of such signage is permitted. The
subject property is the site of a new furniture sales operation on the west side
of US19 and is zoned Highway Commercial.
The CH district permits a property identification sign of 112 sq.ft. and
a business identification sign of 15 sq.ft. As a condition of granting the
variance, the applicant is suggesting the allowable area of the freestanding sign
to be constructed on this property be reduced fram 112 sq.ft. to 75 sq:ft., a
CCmtg
8/15/91
16
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reduction of 37 sq.ft. (the same number of additional square feet requested for
the proposed attached sign). The applicant is proposing to IItrade" square
footage for the business identification sign.
Staff is generally opposed to such tradeoffs between sign classes.
However, the Commission may find that this proposal offers the opportunity for
a reduction in the most objectionable type of signage (freestanding signs), while
allowing an increase in the amount of attached signage.
Jerry Lee, representing the applicant, stated he is not asking for any
additional signage. He said this type of building is designed with maximum
frontage and the request would allow approximately 2 percent of the building face
to be covered. He distributed photographs of other stores with similar signage.
In response to questions, Mr. Lee indicated the building is approximately 150
feet wide, the sign will consist of individual channel letters designed to be
illuminated at dusk and will not extend above the roof line.
Commissioner Regulski moved to approve a variance of 37 square feet to
permit 52 square feet of business identification signage where 15 square feet of
such signage is allowed subject to 1) no more than one freestanding sign shall
be permitted; this sign shall contain a maximum area of 75 square feet; and 2)
the requisite sign permit shall be obtained within six months from the date of
this public hearing. The motion was duly seconded and carried unanimously.
Public Hearina - Second Readina Ordinances
ITEM #22 - Ordinance #5107-91 - Creatina Div. 23A within Chapter 135,
establishing a new research, development and office park district
There was discussion at the August 12th Work Session by the Commission to
increase the minimum lot size to 1 acre (43,560 square feet). This would create
a zoning district primarily geared toward larger properties. This would limit
the potential for use of this district for infill development, but is more in
keeping with the "traditional" minimum district and lot sizes of this type of
district. More communities that utilize a IIResearch and Development,n nOffice
Park,n or uBusiness Parklt district typically have a number of relatively large
undeveloped areas to which to apply these districts. Clearwater does not share
this characteristic with these communities.
Due to Clearwater's development patterns, it is felt a smaller district and
lot size is appropriate for the Research, Development and Office Park District.
However, if the Commission desires to utilize this district for larger areas.
staff would recommend the development of a similar district which could be used
primarily for infill areas that would have smaller minimum district and lot
sizes, and perhaps more restrictions on floor area ratio, use limitations, etc.
than the proposed district so as to better buffer uses in this new district from
uses in adjoining zoning districts.
Commissioner Regulski moved to amend Ordinance #5107-91; on page 2, revise
Section 135.1525(1) as follows: (1) One accessory dwelling may be provided for
CCmtg
8/15/91
17
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security purposes on any property having a lot area of 40,000 square feet or
more: on page 3, amend Section 135.1526 as follows: (1) Minimum lot area: Forty
thou sa d 4 000 square feet. (2) Minimum lot width at setback line: .QM
undred fift 50 feet. (3) Minimum lot depth: One hundred fifty (150) feet.
4 a.l. From a street right-of-way: Fortv l40) feet. 2. From a side or rear
property line abutting a nonresidential zone: Twentv (20) feet. 3. From a side
or rear property line abutting a residential zone: Twentv-five (25) feet. 4.
From a side or rear property line abutting a railroad right...of-way: None
required.: and on page 4, amend Subsection (6) of Section 135.1526 as follows:
(6)a. For the lot: Fortv (40) percent of the lot area. b.~ Fifty (50) percent
of the front yard area for ro ert es develo ed with a sixt 60 foot or
Qreater setback from street riQhts-of-wav. 2. Sevent -five 5 ercent of the
font ard area for ro erties develo ed with less than a 5i t 6 foot
setback from street riQhts-of-wav. The motion was duly seconded and carried
unanimously.
The recommendation of the Planning and Zoning Board regarding the addition
of commercial and trade schools as a conditional use was not incorporated into
the ordinance du~ to an oversight. A review will be made to determine if an
amendment should be made.
The City Attorney presented Ord i nance 15107-91 as amended for second
reading and read it by title only. Conmissioner Regulski moved to pass and adopt
Ordinance 15107-91 as amended on second and final reading. The motion was duly
seconded. Upon roll call, the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
ITEM 123 - Ordinance #5120-91 - Repealing Art. I of Ch. 138, relating to standard
building code: repealing Chs. 139, 140, 141, 142 and 144, electrical, plumbing,
gas, mechanical and roofing. creating new Art. I within Ch. 138
The City Attorney presented Ordinance #5120-91 for second reading and read
it by title only. Conunissioner Berfield moved to pass and adopt Ordinance 15120-
91 on second and final reading. The motion was duly seconded. Upon roll call,
the vote was:
IIAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM 124 - Ordinance #5121-91 - VacatinQ N 3.51 of 7.51 utility easement lying
on S side of Lot 11, Blk 24, 5th Addition to Highland Pines Sub., less and except
W 25' thereof (Melmoth V91~04)
The City Attorney presented Ordinance #5121-91 for second reading and read
it by title only. Commlssioner Nunamaker moved to pass and adopt Ordinance
.,
CCmtg
8/15/91
18
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'5121-91 on second and final reading. The motion was duly seconded. Upon roll
call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM 125 - Ordinance #5122-91 - Vacatina S 2.5' of 15' utility easement lying
along N side of Lot 36, Del Oro Groves, First Addition, less and except W 581
thereof (Bianco V91-07)
The City Attorney presented Ordinance 15122-91 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
#5122-91 on second and final reading. The motion was duly seconded. Upon roll
call, the vote was:
IlAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX - CONSENT AGENDA (Items 126-46) - Approved as submitted less item 126.
~areements - Approved less item #26.
4It ITEM 126 - See page
for use of funds
ITEM #28 - Aporovina format for Aareement to enter the Infil1 Housfnn Proaram
establishing rights and responsibilities of the City, Clearwater Neighborhood
Housing Services and the clients who buy new homes. (PLD)
Bids & Contracts - Awarded.
ITEM #29 .. Annual contract to ourchase black 3408 (PEl pipe to Phi 11 ips
Engineering Co., Clearwater, FL, for the period 8/13/91-8/12/92. at an estimated
cost of $152,418 (GAS)
ITEM 30 - Purchase one Ford F-800 Truck with trash bod & crane loader from Mike
Davidson Ford, Jacksonville, FL, for 57,966.75; financing to be provided under
City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS)'
ITEM 131 - Rescind contract to Brooking Ford Tractor Company and Award contract
to Ford New Holland. Inc., Tucker, GA, for purchase of one Ford 260-C Wheel
Tractor with box blade and dozer blade for $18,548 (GS)
.
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8/15/91
19
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. ITEM 132 - Contract for roof ennineering and desian services for seven City
facilities to Professional Service Industries, Inc., Clearwater, FL, at an
estimated cost of $35,500 (GS)
ITEM # - Purchase Order Contract to S ith Fence Com an to install new u raded
backstop and winQ fencinQ on the two ballfields at Frank Tack Park for 32,238
(PR)
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ITEM #34 - Purchase of Lot 1. 8lk G. H'Iqhland Terrace Manor for $65,000
(Haynes )(PW)
ITEM 135 - Purchase of a Traacs 800 Random Access Automated Chemical System for
the Water Pollution Control Laboratories from Bran & Luebbe Analyzing
Technologies, Inc., Elmsford, NY, for $49,716 (PW)
Citizens & Staff Reauests - Approved.
ITEM 136 - Rankin of ros ective consult1n en 'Ineers to re are a PD&E stud
for the widenin of Drew Street as follows: 1 Post, Buckley, Schuh & Jernigan;
2 Wade-Trim, Inc.: 3 Parsons, Brinkerhoff, Quade & Douglas, Inc.: and authorize
negotiations with the selected firms in order of their ranking (PW)
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ITEM '38 - C.O.II to the 1991 Subdrain Contract increasin the amount b 59 995
for a new contract amount of 199 705 with Suncoast Excavating, Inc., Ozona, FL
PW
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Plans & Plats - Approved.
ITEM 139 - Preliminary Site Plan for Union Street United Methodist Church located
at 1625 Union St., Sec. 2-29-15, M&B's 12.03 & 12.04, 4.88 acres m.o.1. (PLD)
Authorize review of a final site plan with final action by the Development Review
Committee (O.R.C.) subject to the following conditions: 1) The site plan shall
be reviewed to clearly delineate the existing parking, building heights and
building separation distance prior to ORC review. The applicant shall obtain
approval of any related variances prior to site plan review by ORC: and 2) Signs
and fencing/walls are subject to separate review and permitting processes.
Receiot & Referral - Received and Referred.
ITEM '40 - Annexation. Land Use Plan Amendment to Industrial and IL Zoninq for
a part of Sec. 1-29-15, M&B 34.272, 2.40 acres (Johnson A91-09, LUP91-10)(PLD)
ITEM '41 - Amendment to Sec. 72.15 concernin the Sale or Service of Alcoholic
BeveraQes PLD
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CITY ATTORNEY
Agreements. Deeds & Easements - Accepted.
ITEM f42 - First amendment of easements with Florida Power Corp. to the City for
water supply wells in Sec. 18-29-16
ITEM #44 ~ DrAina e And utilit easement - NW corner of Pinellas St. and S. Ft.
Harrison Ave. Morton Plant Hospita'l
ITEM 145 - Wator easement over portion of Lot 2, Clearwater Tower Sub. (MAS One
L td . )
ITEM #46 - Right-af-way easement - WID. of Lots 8, 9, & 10, and portion of Lots
7, 11 & 12, Blk L, Hibiscus Gardens (Corrnnunity Pride Child Care Center of
Clearwater, Inc.)
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted
less Item #26 and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
ITEM #26 - Interlocal aQreement with Pinellas County extending the local option
gas tax to August 31, 2007 (PW)
Pinellas County originally adopted a four cent per gallon gas tax to be
effective from September 1, 1985, through August 31, 1995. Effective September
1, 1987, Pinellas County raised the four cent tax to six cents and extended the
collection period from September 1, 1995, through August 31, 1997. The County
now proposes to extend the six cent gas tax for an additional period of ten
years, from September 1, 1997, through August 31, 2007.
The new proposed interlocal agreement also proposes a new distribution
formula for determining the division of the proceeds which would allow the County
to still receive 75 percent of the tax proceeds, but the incorporated area would
not receive a share of the 25 percent allocated to municipalities. This would
mean a slightly larger share of the tax for each of the municipalities. The new
distribution formula wi 11 begin in January, 1992 and wi 11 provide an increased
share of funds for the n~nic;palities.
One major restriction requires that projects constructed with the total
local option gas tax revenues shall be limited to those contained in the long
range 2010 Transportation Plan adopted by Pinellas County Metropolitan Planning
Organization on October 26, 1984.
Commissioner Fitzgerald moved to amend the interlocal agreement with
Pinellas County on page 5, add at the end of Section 6 after October 26, 1984 ",
as amended." The motion was duly seconded and carried unanimously.
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. COll1'l\issioner Berfield moved to approve an interlocal agreement with
Pinellas County extending the local option gas tax to August 31, 2007 as amended.
The ~tion was duly seconded and carried unanimously.
X - OTHER ITEMS ON CITY MANAGER REPORT
l1EM 147 - 1992 leaislative Package (eM)
Discussion ensued in regard to the legislative package and it was requested
the item regarding Candidates Forums being exempt from the Sunshine law be
clarified. Also, typographical errors on page 7 and 8 need to be corrected.
Assistant City Manager Betty Deptula said she would make the necessary
corrections and submit the package to the legislative delegation.
Commissioner Berfield moved to submit the 1991 Legislative Program as
corrected. The motion was duly seconded and carried unanimously.
ITEM 148 - Lana Center Board of Directors - 2 appointments
Commissioner Fitzgerald moved to continue this item to the next regularly
scheduled meeting of September 5, 1991. The motion was duly seconded and carried
unanimously.
ITEM #49 - Center Foundation Board of Trustees - 2 appointments
Commissioner Regulski moved to appoint William Zinzow. The motion was duly
seconded and carried unanimously.
.
Connnissioner Berfield moved to continue the second appointment. The motion
was duly seconded and carried unanimously.
XI - Other PendinQ Matters - none.
CITY ATTORNEY REPORTS
XII - Resolutions
ITEM #50 - Resolution #91-30 - Declaring intent of City Commission relating to
tolls at New Clearwater Pass Bridge and authorizing the City Manager to execute
a letter of understanding with FOOT
The City Attorney presented Resolution #91-30 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution 191-30 and authorize the
appropriate officials to execute same. The motion was duly seconded, upon roll
call the vote was:
llAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
llNaysU: None.
.
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8/15/91
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~II ~ Other City Attornev Items - none.
X'V - City ManaQer Verbal ReDorts - none.
XV - Other Commission Actio~
ITEM,IS1 - Set meetinQ dates for City Manaoer and City Attornev Evaluations.
The City Manager and City Attorney evaluation date was set for September
16, 1991 after the regularly scheduled Worksession.
Commissioner Fitzgerald reported the Mayor's Council has formed a task
force to review annexation of enclaves and has asked him to serve on this task
force.
XVI - Adjournment
The meeting adjourned at 10:29 p.m.
ATTEST: ,(y. ' ~ ~. )J~.~,Q(fa-
c~erk
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8/15/91
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