02/28/1994 (2)
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COMMI,SSION
City Commission
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CITY COMMISSION MEETING
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February 28, 1994 ,
, The City Commission of the,City of Clearwater met,in regular session at City Hall,
',Monday, February 28, 1994 at 9:31 a.m., with the following members present:
Rita Garvey
Arthur X. Deegan, II
Richard Fitzgerald
Fred A. Thomas
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
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Absent:
Sue A. Berfield
Commissioner
Also present:
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Elizabe~h M. Deptula
M.A. Galbraith, Jr.
, Kathy S. Rice
William C. Bak~r
Peter J. Yauch
Scott Shuford
Cynthia E. Goudeau
Interim City. Manager
City Attorney
Deputy City Manager
Acting Assistant City Manager
Acting Public Works Director
Central Permitting Director
City Clerk
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The Mayor called the meeting to order.
In o'rder to provide continuity for research, the items will be listed in agenda order although
. not necessarily discussed in that order.
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ITEM #1 ~ Service Awards ~ None
, , ITEM #2 - Aooroval of Minutes ~ None
ITEM #3 - PRESENTATIONS
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a) Budget Advisory Committee Quarterly Report
Bob Wright, Chair of the Budget Advisory Committee (BAC), and members Nixon,
Moran, and Riley attended. Mr. Wright asked for feedback about the BAC's proposed
mission statement. He questioned the plan by Parks & Recreation to maintain the medians
in Island Estates while privatizing the' care of cuI de' sacs. The Commission will respond at
a quarterly meeting scheduled for April 4, 1994.
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ITEM #4 - Citizens to be heard re items not on the Aaenda
Tom Selhorst questioned how to present an economic plan to the Commission. The
City Clerk reported this item is scheduled for discussion March 3, 1994.
Frank Barlow congratulated the Commission on progress being made in the City.
He appreciated the new roads being built and the free parking on Cleveland Street
Downtown. ' He stated all the improvements represent moving forward.
CITY MANAGER REPORTS,
CONSENT AGENDA (Items #5-13) - Approved as submitted.
ITEM #5 - Purchase 'of two 1994 Ford Club Waaon S-Passenaer Vans. for $32.324 and
two 1994 Ford Aerostar 4x2 Mini Vans. for $28.650 from Carlisle Ford. Inc., St.
Petersburg, FL, for a total of $60,974; financing to be provided under city's master lease-
, purchase agreement with Security Capital Corp. (GS)
ITEM #6 - Purchase of five 1994 Ford 1/2-ton 4x2 Pickup Truclcs. for $60.890'and three
1994 Ford compact 4x2 Pickup Trucks with long cab. for $38.358 from Carlisle Ford. 1nc..
St. Petersburg, FL, for,8 total of $99,248; financing to be provided under city's master
lease-purchase agreement with Security Capital Corp. (GS)
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ITEM #7 - Purchase of two Peterbilt/Heil front-loadinQ refuse vehicles from Peterbilt of
Central Florida. Winter Garden, FL, for $238,400; financing to be provided under city's
master lease-purchase agreement with Security Capital Corp. (GS) (See Item #8
04/04/94)
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ITEM #8 - Purchase one 1994 Ford 4x4 Pickup Truck with crew cab. for $20.710 and
twelve 1994 Ford compact 4x2 Pickup Trucks. for $130.440. from Prestioe Ford, Inc.,
Eustis, FL, for a total of $151,150; financing,to be provided under city's master lease-
purchase agreeme~t with Security Capital Corp. (GS)
ITEM #10 - Contract for 1994 Sanitary and Storm Utility Access Portal Rehabilitation
Proiect to Rowland. Inc., Pinellas Park, FL, for $39,125 (PW)
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ITEM #9 - Promotional license AQreement with Clearwater Mall Comoanv to allow Parks
and Recreation Deoartment to conduct a Mall Show on 7/23/94 (PR)
ITEM #11 - C~O.#1 to the Solid Waste Complex to C.A. Oakes Construction Co.. Inc..
Tampa, FL, increasing the amount' by $140,100 for a new total of $1,789,574 and
approval of extension of 60 days from the end of current contract or 60 days from
issuance of building permit, whichever is earliest in order to add a recycling building and
processing facility (PW) ,
ITEM #12 - Contract for Sediment Basin Improvements and 24" Reinforced Concrete
Storm line Rehabilitation - Clearwater Country Club to Suncoast Excavatina. Inc., Ozona,
FL, for $111,313 (PW)
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ITEM 111 3 - Contract for consultant services re franchise fee & utllitv tax comDliance
review and negotiation assistance with Florida Power COrD. and General Teleohone Co. to
Municiool Administrative Services (MAS), Houston, TX, in an amount not to exceed
$118,000 (eM)
Commissioner Thomas moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #14... Res. #94-21 - declarinCl intent of ' the City to be reimbursed from oroceeds of a
future tax-exemot bond Issue for capital improvement costs including engineering work ra
the potential expansion of the gas system in areas of Pinellas County and Pasco County
(AS) .
The City approved a plan to expand the Clearwater Gas System in Pinellas and
Pasco counties. This project includes expansion and marketing efforts. Financing is
projected to come from a $1 2 million bond issue during the second quarter of FY '931'94.
On the expansion into Pasco County, to date only engineering work has been completed.
System extension work will proceed once the appropriate interlocal agreements are
approved. Work in Pinellas County has proceeded due to customer demand and scheduled
road work.
If/., The Commission has approved several agenda items for the project. Monies for
'tt...> these expenses were originally included in the FY '931'94 budget to be funded by a Gas
System Expansion Bond ,issue. The transfer of Gas revenue to cover these expenses was
an interim solution based on a loan from the City's cash pool. Reimbursement to the Gas
Fund will be made once bond monies are available and the Gas System Bond Funds are
established.
Bond counsel informed staff that a formal "declaration of official intent" to
re!mburse the Gas Fund from the bond issue proceeds is necessary.
Commissioner Deegan moved to approve the declaration of the City's intent to be .
reimbursed from proceeds of a future tax exempt bond issued for capital improvement
costs. The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution #94-21 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #94-21 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was: '
"Nays": None.
IIAyesll: Fitzgerald, Deegan, Thomas and Garvey.
Absent: Barfield.
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ITEM #15 - Review Alcoholic Beveraae Issue Worksheet - provide direction (CPJ
Scott Shuford, Director of Central Permitting, stated the purpose of this discussion
is to get clear direction from the ,City Commission regarding changes to be made to the'
alcoholic beverage code. He rep'orted Rabbi Gurhia has been allowed to open his store and
sell sacramental wine under the assumption this is something the Commission would allow
under the new code. If this assumption proves not to be correct, the Rabbi win need to
'follow the full alcoholic beverage approval process. Mr. Shuford stated restaurants
meeting the proposed code could also be allowed to open if they agree to apply for a'
conditional use permit if the code is not changed to make them a permitted use. This will
be discussed along with other issues.
He presented the Commission with the issues to be resolved regarding the sale of
alcoholic beverages:
1) Should one board hear all compatibility related aspects of alcoholic beverage
,uses that require a conditional use permit? If so, should the Planning & Zoning (P&Z)
Board hear the cases.
Commissioner Deegan suggested this be the last isslle to be resolved as decisions
regarding other issues would impact this.
2) Should changes of ownership of existing alcoholic beverage uses require a
conditional use permit?
C ..:~ Staff recommends allowing changes of ownership as permitted uses as police
background checks are required and usually identify problem owners.
Mayor Garvey agreed with staff's recommendation as she did not feel a new owner
should be judged by the actions of the previous owner.
Commissioner Thomas felt conditional use approval should be required for change
of ownership as it would make current owners less likely to violate the rules because it
would make it more difficult to selt their business. Requiring approval when there was a
change in ownership also assures compliance by the new owner.
, Commissioner Deegan said before a conditional license is issued, the public should
, have the opportunity to speak. He noted reliance on background checks from the Police
Departmentsomotimes distorts an applicant's background. He preferred requiring a
conditional use permit for ownership changes.
Commissioner Fitzgerald agreed with the staff recommendation. He said any
problems that slip through the licensing process can be addressed by enforcement when
they occur. He felt requiring a new owner to obtain a conditional use permit presumed the
guilt of that business person.
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Mr. Shuford said if restaurants become a permitted use as recommended, a '
conditional use permit process would not be required. If they violated the rules, it would
be pursued as a code violation.
There was no consensus regarding this issue.
3} Should bonafide restaurants be permitted uses and not require conditional use '
permits? ' ,
Staff recommends restaurants meeting the following definition be defined as
permitted uses: A business establishment providing for the preparation or sale of food or
drink for consum'ption by customers on the premises, but excluding facilities for non.
commercial and incidental food service within grocery stores and delicatessens. An
establishment serving a\coholic beverages shall be considered to be a restaurant if 51 , ,
percent or more of the gross sales receipts are for the sate of food and nonalcoholic
beverages and if not more than 15 percent of the gross floor'8rea of the establishment is
devoted to waiting areas, lounges, entertainment areas, or other areas where alcoholic
beverages are served but where any other menu items are excluded from being served.
Commissioner Deegan spoke in favor of this recommendation as long as package
, sales would be forbidden.
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Commissioner Thomas asked if the change is instituted, what recourse would the
City have regarding problems that may not have been detected. Mr. Shuford explained if a
restaurant attempted to convert to a bar, the City could require it to prove it satisfied the
51 % rule.
Commissioner Deegan questioned who would audit the business. Mr. Shuford said
the City will investigate complaints by reviewing the'menu and floor area ratio
requirements. Commissioner Thomas asked if the City was capable of auditing a
restaurant. Mr. Shuford indicated 'enforcemfmt procedures need to be developed but he
felt the proposal contained sufficient checks and balances.
Commissioner Deegan questioned if pulling an occupational license would be a
recourse. Mr. Shuford replied the City has this ability after the Code Board establishes
fines or corrective measures. Commissioner Deegan expressed concern regarding the
length of the Municipal Code Enforcement Board process'. He requested the City
Commission have the authority to pull a license without the Municipal Code Enforcement
Board process. Staff is to investigate.
Deputy City Manager Rice indicated all licenses must be renewed annually. She
and the City Attorney will work with Mr. Shuford to establish precise wording regarding
license revocation, non renewal, and non issuance.
There was general consensus as long as the concerns raised were addressed, to
allow alcoholic beverages in restaurants as a permitted use.
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4) Should package sDles uses require a conditional use permit except in special
casas?
, 'Staff recommends package sales uses should require a conditional use permit.
Mr. Shuford said community standards dictate that package sales require
conditional use permits. Commissioner Thomas felt no exceptions should be allowed. Mr.
Shuford said exemptions are referred to in Issue #5.
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Commissioner Fitzgerald disagreed and questioned why package sales are
considered less desirable.
It was the general consensus of the Commission that package sales uses should
require a conditional use permit. Commissioner Fitzgerald withheld opinion until Issue #5
is clarified.
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5) Should package sales uses be permitted uses when located in freestanding retail
sales establishments (e.g., grocery stores) containing a minimum of 25,000 square feet of
gross floor area (i.e. the same size as a shopping center)?
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Staff recommends' package sales uses in these establishments, if properly
'controlled, be permitted uses. The following language was suggested: A permitted use is
package alcoholic beverage sales in freestanding structures used for' retail sales that
contain a minimum of 25,000 square feet of gross floor area. He noted with this wording,
package sales would have been allowed at Walgreens Drug Stores had they been able to
acquire enough land to construct a 25,000 square foot building.
Commissioner Deegan noted the separate store Walgreens operates for alcohol
sales constitutes a 100% use of floor space for alcohol sales. Mr. Shuford said that area
might be governed by the retail center 1 shopping center issue like Albertsons' stores that
also have attached liquor stores. Commissioner Deega.n agreed with permitting the sale of
beer and wine inside grocery stores, but spoke against permitting other package sales
there.
Mayor Garvey noted the similarities between alcohol levels in beer, wine, and hard
liquor. ,Commissioner Deegan pointed out purchasing beer and wine in grocery stores is a
common, locally accepted practice. He felt problems could occur if package items become
too easily available to consumers,.
Commissioner Fitzgerald agreed with staff's recommendation that package sales
uses in these establishments should be permitted if properly controlled. .
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Commissioner Thomas questioned the distance issue. Mr. Shuford indicated
separation requirements would not apply to permitted uses. Commissioner Thomas felt
that distances between liquor sales and churches and schools should be m'aintained.
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Mayor Garvey said if a retail establishment is large enough, it should not be subject
to as many regulations.
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Mr. Shuford said a separation could be included as a use limitation. Mayor Garvey
expressed a deeper concern with separating liquor sales from schools than from churches.
Commissioner Thomas noted the plan to base separation on property lines would have
eliminated every commercial property in the City near a church or school. He felt a 500
foot separation from building to building would be fair.
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Commissioner Thomas asked if a 25,000 square foot liquor store could be opened
under this recommendation. Mr. Shuford said staff could define the maximum percontage
of space permitted for alcoholic beverage sales. Commissioner Thomas suggested the
maximum permitted space should be 5 %. He did not think the sales of packaged goods
need to be separated from beer and wine sales. /
Commissioner Deegan noted the verbiage states, space dedicated to the sales of
alcoholic beverages must be a part of the larger store. Albertsons, for example, has
attached separate stores for package sales. He believed the original intent for this
provision was to allow grocery stores to sell beer and wine without a conditional use.
Commissioner Deegan noted he was the only Commissioner who differentiated the
sales of beer and wine from hard liquor sales. Mr. Shuford felt if stand alone stores were
'eliminated, grocery stores would limit their alcoholic beverage sales to beer and wine.
~c., This issue is to be brought back for final resolution. Commissioner Fitzgerald still
't~_ / reserved his opinion regarding issue #4.
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6) Should "nightclubs, taverns and bars" be allowed in all commercial zoning
districts as conditional uses (except such uses located in shopping centers or retail
complexes)'?
Staff recommends nightclubs, taverns and bars only be allowed as conditional uses
and be limited to the most intensive commercial zoning districts: General Commercial (CG),
Highway Commercial (CH), Commercial Center (CC) and Urban Center (UC).
Commissioner Thomas noted bars in the beach district, including those in hotels,
would not be allowed under these rules. Commissioner Deegan reiterated the Beach Blue
Ribbon Task Force's recommendation to create a separate beach district.
Mr. Shuford said nightclubs, taverns and bars would not be permitted in research
and development office parks, North Greenwood Commercial, Infield Commercial, Limited
Industrial, Beach Commercial, and Resort Commercial. He agreed many businesses would
become non conforming under this recommendation. '
Commissioner Deegan questioned if these methods would limit the number of
alcoholic beverage establishments. Mr. Shuford referred to the proposed cap on alcohol
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beverage sales to 15% of a shopping center's area stating any establishments beyond the
15% would require a conditional use. Commissioner Deegan said he would like a
, maximum cap established that could not be exceeded even with conditional use approval.
Mayor Garvey expressed concerns about grandfathering a large number of
b,usinesses. Commissioner ,Thomas suggested creating a 'color coded map so the
Commission can ascertain zoning district locations and the estimated economic impact of
the proposal.
Mr. Shuford said all beach nightclubs are located in the Commercial Resort zoning
district. If the intent is to continue to allow the existing nightclubs. he suggested this be
added as an allowed district.
It was the consensus of the Commission that it would be unreasonable to exclude
nightclubs from a Commercial Resort zone. Mr. Shuford said the Ramada Inn and
Arigato's Restaurant in Countryside are also zoned "Commercial Resort."
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7) Should package sales uses and uses defined as "nightclubs. taverns and bars" be
, permitted uses when located in shopping centers of retail complexes up to certain
maximum floor area'limits? '
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Staff feels allowing these uses as permitted uses will not result in problem
situations if limits on the percentage of such uses allowed in shopping centers and retail
complexes are established. The following language is recommended: Alcoholic beverage
sales uses located in retail complexes or shopping centers shall be pe'rmitted uses if the
cumulative gross square footage of the alcoholic beverage sales uses within the complex
or center does not exceed ten percent of the total gross square footage of the retail
complex or 1 5 percent of the gross square footage of the shopping center. Alcoholic
beverage sales uses exceeding these percentages may be considered by the Planning &
Zoning Board as conditional uses. For the purpose of this section, only the alcoholic
beverage sales use area shall be counted in determining the gross square footage of
alcoholic beverage uses.
Mr. Shuford suggested including restaurants in this equation. A loophole in present
Code, permits primary use to be determined by calculating the overall floor area. Gionis
Plaza, which is almost 50% restaurant, would be required to secure substantially more
parking if that property's primary use was determined to be a restaurant rather than a
retail complex. By enforcing a cap on these types of facilities, potential parking problems
can be avoided.
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Mr. Shuford defined a "shopping center" by code as having a minimum of five retail
establishments and 25,000 square feet of gross floor area. Commissioner Thomas
concurred a cap is necessary. Commissioner Deegan said the verbiage allowing for
conditional use nullifies a cap. Commissioner Thomas said all requests for exceptions
should be heard by the City Commission.
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Commissioner Deegan suggested this issue invites anyone requesting a variance
above the 15% cap to ask for a conditional use permit. Mayor Garvey said allowances
should be fashioned for unique situations.
, Mr. Shuford felt the City should avoid a two board process and suggested
exceptions be structured as conditional use permits rather than variances. Mayor Garvey
felt the Commission should permit the consideration of conditional use permits.
Commissioner Thomas noted problems exist with variances. Mr. ,Shuford said restaurants
that now make up more than 1 5 % of a shopping center can be grandfathered. Changes of
ow~ership would probably be allowed but no additions will be permitted.
Commissioner Deegan suggested when calculating a restaurant's floor area, only
the lounge areas, and not the dining area, be counted. Commissioner Thomas suggested
,without restaurants, a 10% cap would be adequate. A cap of 15% should relieve the
need for any variances or €?onditional use permits.
Commissioner Deegan suggested a 10% cap on a retail complex, and a 15% cap on
a shopping center be established. He also recommended the inclusion of a separation
distance.
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, , Commissioner Fitzgerald expressed concerns about "absolutes." He suggested a
mechanism for issuing conditional use permits for minimal exceptions be established.
Mayor Garvey agreed. Commissioner Deegan suggested also allowing variance requests
for minimal exceptions. He voiced concerns about the proposal that any exception, no
matter how vast, could be presented to the P&Z Board for consideration.
Mr. Shuford said staff is considering combining variance standards between'boards.
For example, a business requiring a conditional use permit and a variance could be heard
by the P&Z Boord who would review the request under the standards of approval for
conditional' use permits and variances. The board could be instructed that a petitioner is
required to establish hardship in order to qualify for a variance and compatibility issues are
to be addressed prior to the issuance of conditional use permits.
Mr. Shuford suggested if variances are to be granted, the conditional use permits
be considered following approval of a variance. Commissioner Deegan stated if conditional
usa permits are issued for establishments exceeding the cap, then the cap is superfluous.
Mayor Garvey felt a relief valve should be established for special circumstances.
Commissioner Thomas agreed that a variance would provide a better relief valve
than a conditional use permit. He reiterated his suggestion that a board be established to
deal exclusively with the alcoholic beverage issues, with appeals heard by the
Commission.' "
8) Should non-restaurant consumption on premises uses (e.g., nightclubs, taverns
and bars) require a conditional use permit except in special cases?
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Discussion of Issue #8 took place with discussion of Issue #6.
9) Should there be standards established for separation of alcoholic beverage uses
from schools and churches that do not Include exceptions for special circumstances (e.g.,
variances or conditional use' permits)? ' '
, Due to redevelopment concerns, staff recommends against establishing strict
standards. The proposed conditional use process and existing City noise and nuisance
behavior codes should provide the necessary protection for neighborhoods from II problem"
uses.
Commissioner Deegan thought established separation distances should not be
subject to variances. Mr. Shuford thought the Commission concurred with exceptions
being established for Sunshine Mall, for example. Commissioner Thomas ,felt separation'
between alcohol sales and churches and schools should be based on a building to building'
measurement instead of property line to property line. Mr. Shuford stated unanticipated
exceptions will occur no matter what separation distance is established. He suggested
establishing 'stronger review standards.
Mayor Garvey noted the importance of carefully reviewing redevelopment and
separation standards. Staff recommended when a use is within a specified distance from
a church, school, park, or residential zone, a higher standard of review by the P&Z Board
would have to include an examination of the compatibility issue.
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, Commissioner Deegan said the procedure needs to be clearly explained to anyone
who considers opening an alcohol establishment.
Mr. Shuford said new buildings must comply with the rules of new construction.
Existing buildings, like Sunshine Mall that directly abuts the Belleair Elementary School, are
examples of why staff recommends no absolute separation standards that disallow
variances be established.
Commissioner Thomas stated grandfathering provides for such problems. Mayor
Garvey reminded the Commission there is no grandfathering for alcoholic beverage sales.
She stated a mechanism providing for exceptions needs to be established.
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Commissioner Thomas suggested the establishment of separation rules ,for parks
and children's playgrounds. Commissioner Fitzgerald said this recommendation would
broaden the issue.
. Mr. Shuford said staff cannot anticipate all possible sites that might be desirable for
alcoholic beverages. As a result, staff is opposed to a strict standard that does not
. provide a variance or conditional use mechanism for review.
It was the consensus of the Commission not to establish strict standards but to
allow for variances and/or conditional uses.
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Commissioner Fitzgerald did not agree with the proposed distance r'equirements.
He expressed concerns that the number of cases heard would be doubled. Mr. Shuford
agreed, if variances are allowed, the number of cases would increase.
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10) What distance should be the minimum distance considered by the P&Z Board In
examining alcoholic beverage 'uses In relation to churches, schools, parks, and residential
areas? '
Staff suggests a separation distance of 600 feet if a ttca~e-b\,-case" approval
approach is adopted. If the no exceptions or .'variances" approach is followed, either a
300 foot or 500 foot distance could be utilized; staff research shows no significant
difference in impact between these two distances.
Mr~ Shuford said if a 600 foot minimum distance was imposed, boards would have
more leeway to consider overconcentration issues and compatibility concerns.
Commissioner Deegan asked if .'similar establishments" would be included. Mr. Shuford
suggested the concentration issue should focus on alcoholic beverages and not how they
are sold. He recommended incorporating the phrase "other alcohol establishments" to
circumvent a package store from opening near a concentration of bars.
Commissioner Fitzgerald thought the purpose of updating rules was to simplify and
streamline procedures. He felt, instead, the opposite was happening.
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Commissioner Thomas questioned how distances would be calibrated for parks,
which have no buildings.
C;ommissioner Deegan noted this was Mr. Shuford's third return to the Commission
with a presentation based on the Commission's mixed signals. He spoke against a building
to building measurement because he felt school playgrounds are as significant as parks.
He favored a property line to property line calculation. Commissioner Thomas expressed,
concern this would put existing establishments out of business.
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Commissioner Deegan stated variances could be requested.
Commissioner Thomas noted the importance of developing explicit criteria on which
the appropriate board can judge case,s. Mr. Shuford said a list that included supplemental
standards for alcoholic beverage uses like the compatibility issue, hours of operation, etc.
had been presented to the Commission.
Commissions.' Thomas concurred with Commissioner Fitzgerald that the process
began as an attempt to establish a concise set of rules to simplify procedures. He felt the
bureaucracy had increased. He expressed concern that increasing the opportunity for
securing variances would result in increased litigation.
Commissioner Deegan suggested the separation should be 500 feet with the
possibility of a case by case approval. Mayor Garvey concurred. Commissioner Fitzgerald
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preferred the separation remain at 300 feet. He, too, felt the ability to consider cases on a
case by mise basis was important.
It was the consensus of the Commission to approve a 500 foot separation.
11) Should uses which received a conditional use permit from the P&Z Board (or an
administrative hearing 'officer) and were required but did not receive a separation distance
variance be prohibited from being grandfathered?
Staff feels such uses should not be permitted as "grandfathered" uses since final
approval was never obtained. The uses neVAr received a complete compatibility review.
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Mr. Shuford noted the Hearing Officer in the Pick Kwik case established a condition
for issuing a conditional use permit that first a separation variance be obtained. If a
, separation procedure no longer exists, these types of conditional use permits would be
denied because the condition for issuance was not completed and final approval was never
obtained.
It was the consensus of the Commission to agree with staff's recommendations.
, 2} Should the sale of cold alcoholic beverages from package sales'establishments
or sale of single containers of alcoholic beverages from package sales establishments that
also sell gasoline be regulated?
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Staff recommends petitioning th~ legislative delegation to support a state~ide ban
of these sales.
The Commission concurred nothing will be solved unless statewide legislation is
passed.
,Staff recommends the P&ZBoard hear all aspects of alcoholic beverage use.
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The Commission returned to Issue #1. should one board hear all compatibility
related aspects of alcoholic beverage uses that require a conditional use permit? If so.
should the Planning & Zoning (P&Z) Board hear the cases.
Mayor Garvey agreed that one board should hear all cases but did not feel a new
board should be established as recommended by Commissioner Thomas.
Commissioner Deegan agreed one board should hear all cases. He felt citizens
would prefer appealing to their elected officials rather than to hearing officers. He
'recommended against rapid changes and suggested the various boards continue hearing
cases under the current division until the Qrdinance is passed and the Commission is
comfortable with the changes. At that time, one board could be delegated the
responsibility of hearing alcohol related cases. Mayor Garvey suggested a time limit be
'placed on this interim period. '
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, Mr. Shuford recommended the P&Z Board hear alcoholic beverage related cases as
it is far more familiar with hearing the compatibility aspects of these cases.
Mayor Garvey asked if the ordinance could be brought forward without identifying
if the e,xceptions would require either a variance or a conditional use permit.
Mr. Shuford recommended against establishing formal procedures for alcohol use
variances. All appeals would adhere to the standards for approval of conditional use
permits and include added language to deal with alcoholic beverage sales.
Mayor Garvey suggested adopting a new term for this action. Mr. Shuford
indicated some communities refer to conditional uses as ,special exceptions.
Commissioner Themas agreed that rules dealing specifically with alcohol use should
be established. '
Mayor Garvey did not think the Commission should be involved with appeals and
noted past Commission appeal hearings were terminated after becoming too political.
Commissioner Fitzgerald agreed with the one board concept. He was uncertain
regarding appeals being heard by the City Commission.
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Mr. Shuford questioned Commissioner Deegan's request for a six-month interim and
e suggested appeals to the Commission could be automatic during that time. After
reviewing every case as it progresses, the Commission would be' better able to develop a
correct process.
Commissioner Deegan said he did not want to hear every case as an appeal. He
felt the process should not change for six months. He said compatibility issues should
continue to be heard by the P&Z board 'and suggested the Commission hear separation
,issues. After the interim period, the Commission could review the process and reconsider
naming a single board. '
Mr. Shuford said with the increase in separation distances, the Commission will be
asked to hear almost every package sales case, all bar, tavern, and nightclub cases, and all
separation issues heard by the P&Z board.
Mr. Shuford said variance and conditional use issues are hard for applicants to
differentiate. Commissioner Deegan pointed out the importance for staff to identify if
cases are related to compatibility issues or separation distance matters.
Commissioner Fitzgerald questioned if new procedures would increase the time
required for appeal. Mr. Shuford indicated the process should not take any longer than it
currently does. Commissioner Deegan noted the number of variances should decrease
because many business would be "permitted" under the new ordinance. Mr. Shuford said
removing the regulation of restaurants from the alcohol beverage use laws would
streamline the process. '
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Commis~ioner Thomas suggested creating a board strictly for oversight of alcohol
bey-eraga issues. '
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Mr. Shuford suggested in the interim, present procedures remain in place. Staff will
review hotel uses and sidewalk cafes in connection with alcoholic beverage sales.
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Commissioner Deegan suggested separate rules be established for the Beach
defining it as a separate district exclusively for alcohol purposes. Mayor Garvey,suggested
some residents may object to that action.
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, Bob Bickerstaffe said he thought the City's goal was to attract higher quality
businesses to Clearwater. He felt these rules will make it more difficult for businesses
, wishing to develop. The P&Z Board recommended the distance variance be measured
from building to building. He said problems related to the Walgreens Drug Store by
Clearwater High School and cruise ships docking near a school have not been addressed.
He spoke in favor of appeals being heard by the Commission. He felt staff should pro~ide
answers to all business person's inquiries.
Staff will return to the Commission 'with recommendations based on today's,
discussion.
The Commission recessed at 12:20 and reconvened at 1 :05 p.m.
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ITEM #16 - Res. #94-18 - street name change of Harborage Court to Marina Del Rey Court
(PW)
Harborage Court is a private road on the south end of Sand Key. The applicant
requested the'street name be changed to Marina Del Rey Court. At their annual meeting
on November 18, 1993, the Condo Association of Marina Del Rey, Unit "8" voted and
passed (32 for and 16 opposed) to change the street name as requested. '
Units within Harbor Condominiums are all addressed off of Gulf Boulevard and their
mailing address is not affected by this street name change.
The Post Office has reviewed this request and has no objections.
Staff recommends the approval of changing the street name of Harborage Court to
Marina Del Rey Court and pass and adopt Resolution No. 94-18.
, Steven White, President of the Marina Del Rey Homeowners' Association, explained
the street in question is one block long within this one 'development. Commissioner '
Fitzgerald questioned resident participation at the November 18, 1993, association
meeting. Mr. White said all 72 homes in tho Marina Del Rey development were notified,
as required by law, prior to the meeting. Quorum was reached with 35 residents'in
attendance and 1 8 proxies. The name change was approved by a two to one margin. AU
residents were afforded the opportunity to attend the meeting or submit a proxy.
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Commissioner Deegan moved to approve changing the street name of Harborage
Court to Marina Del Rey Court. The motion was seconded.
Commissioner Fitzgerald questioned the need to change the street's name. ' Mr.
White explained the development was built as Marina Del Rey and identified by a large' sign
in front. Two midrise condominiums called Harbor North and Harbor South ere located
north and south of the entry. Immediately south are Harborage One and Harborage Two.
Delivery people a'nd gu~sts are often confused and misdirected. He suggested those who
voted against this change were concerned with changing their addresses on identification
and correspondence. He expressed the residents' desire to end the confusion.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Resolution #94-18 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #94-18 and authorize the
appropriate officials to execute same. The motion was duly s'econded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": None.
Absent: Berfield
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ITEM #17 - Summer Youth Emplovment Program Evaluation Reoort
For the past two summers, the Commission has approved the fundi~g for a summer
youth employment program. The Juvenile Welfare Board (JWB) examined the program and
offered recommendations in a report.
Ms. Rice said staff is developing a mission statement and specific measurable goals
and objectives. She reported the first year's program, a diversion for youth from Condon
Gardens and the Greenwood area, was quickly developed. Last year's program followed
the same model. The goal of the program is to provide jobs in the' private business sector
for teenagers from targeted neighborhoods. Businesses would be helped and children
would be exposed to new opportunities. Other summe~ programs, like the one sponsored
by the' Pinellas Private Industry Council (PPIC), help provide jobs in non profits and
goyernment businesses. '
Mayor Garvey expressed concerns that jobs provided by this program be future
oriented, not just keeping the youth busy. Ms. Rice said the program has had successes
and private businesses are appreciative of the opportunity to know children they would not
otherwise have met. Five participants the first year earned full college scholarships but
were unable to find summer jobs.
The two fold mission of the program is to provide targeted youth with a valuable
work experience in the private sector thereby also helping Clearwater's private sector.
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Mayor Garvey said the program helps youth understand job opportunities and
res ponsi bilities.
Commissioner Fitzgerald asked how the target group was defined. Ms. Rice
explained the program accepts youth from 14 to 23. The first year, most participants
were older youth. It is believed not many applied the second year because better paying,
long term iobs had become readily available. The City prefers targeting the older youth.
Many private businesses also prefer older workers because of their maturity and State
restrictions on workers younger than 18 years.
Commissioner Deegan questioned if it was the City's intent to follow 'JWB's
recommendations and list specific measurable goals and objectives. Ms. Rice agreed and
reported JWB charged the City $5,000 for this evaluation report. Eleanor Breland, Director
of Human Relations, said the evaluation process for the report began after
January 1, 1 994.
Commissioner Deegan felt the program should provide solid work experience.
Youth, 14 and 15, would not benefit from this type of work experience when it will be
years before they can work full time in the private sector. He recommended these
meaningful work experiences be provided to youth, 17 and older.
Commissioner Deegan noted on page five, ,the report states age distribution data
was available for 56.8% of the enrolled youth. Ms. Breland, explained that age information
was included on every application and JWB should have had that information on all
1;' enrolled 'youths. Commissioner Deegan said age is an important element of ths study and
~t~ without it, the study is seriously defective.
Commissioner Deegan questioned JWB's methodology in obtaining the results listed
on page 6. He said the way the material is presented, participating youth appear to rate
job experience and learning new skills as very important. In reality, participants were read
a list of five items over the phone and asked to rate them according to importance.
Commissioner Deegan suOgested these answers were not freely offered but were given in
response to prompting from the interviewer. He recommended that work experience be
the program's primary purpose.
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Commissioner Deegan asked how many employers had hired youth into regular
jobs. Ms. Rice noted some youth were unable to accept offered employment because their
income would have caused their families to exceed income guidelines and lose benefits.
Commissioner Deegan noted it important not to set objectives too high. He suggested the
offer of a job might be a preferable measurable objective than employment because of
financial obstacles facing many families in the targeted population.
Commissioner Deegan noted bullet three on page nine says "younger youth were
not as motivated as older youth." He said the program's goal is not to motivate kids and
reiterated the importance of targeting the older youth population. Mayor Garvey
suggested if younger youth are provided opportunities, they may become motivated. She
'agreed the goal is to get youllg people into job situations that help them establish goals.
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Ms. Breland noted on page 12, employers did not differentiate on the basis of age when
rating their satisfaction with youth in the program.
Commissioner Deegan noted on page nine, the report said lIemployers' reports of
satisfaction or dissatisfaction did not appear to be consistently related to the age of the
youth. I., He noted this conclusion differs from the report from Workforce, Tab 5, Page 1.
He suggested Workforce's report, completed immediately following the program, was
more accurate than JWB's report, which was based on telephone interviews of only 27
participa~ts of the 207 youth who had applied.
He also faulted the JWB study as seriously deficient for not contacting any youth
who had dropped out or did not follow through aftar applying. He questioned JWB's '
methodology in interviewing only 27 people for a $5,000 study.
Ms. Rice said what staff learned from the study will improve this year's program.'
Commissioner Deegan noted, JWB, which regularly reviews the finances of social
service programs they help support, did not evaluate how Clesrwaterexpended funds.
Ms. Rice said the City did not request JWB to evaluate finances. Staff has figures
available that compare the percentage of appropriated money spent on direct services with
administrative costs. Commissioner Dee'gan suggestedJWB has more expertise than the
City in evaluating the worth of comparable social programs and should be requested to
evaluate the program's finances.
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Commissioner Deegan discussed Figure 2, "Reasons for Participating in the Summer
Youth Employment Program." The sample used in the evaluation was 27 persons, while
Clearwater received 207 applications for the program. He had little confidence in the
results based on the negligible sample of participants.
Commissioner Deegan noted Figure 4, "Termination Reasons," graphs 1 00 youth
terminated because of school. Ms. Breland explained the program ended or "terminated"
for students when they returned to school in the fall.
Commissioner Deegan questioned why no parents were interviewed. He said
parents should be asked if they noticed a maturation of their children's behavior and
attitudes.
Commissioner Deegan noted seven of the thirteen Key Stakeholders interviewed
were from Workforce. The City was already aware of Workforce's opinion because the
organization had already provided the City with a study. He felt this sampling provided
little new information.
Commissioner Deegan discussed the "Clearwater Summer Youth Employment
Program Youth Questionnaire" Age Range - 14-15. He noted many participants appeared
to have had previous work experience. tf the purpose of the program is to provide job
opportunities for those who otherwise would not have them, he suggested these figures
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indicate participants might have found jobs on their own. He questioned if the program is
targeting its intended population and if the program's purpose is being met.
Ms. Breland said four of seven youths interviewed for the study indicated this was
their first job. , ,Commissioner Deegan said he did not think the City really helped youth 14-
16. He noted the job experiences listed included working for a school, recreational pool,
newspaper, library, senior and children centers. and a nursery. Those who had not worked
listed experience in computer classes, volunteer work, and helping a relative cut lawns.
Ms. Breland said some youth were in their second year in the program and some of
those listed experiences were gained the previous year.
Commissioner Deegan noted all seven participants, ages 17 - 21, interviewed
for the study listed previous job experience. He felt these figures indicate the City is not
providing jobs for those who would not normally have jobs. Ms. Rice noted the City's goal
was to provide participants with a different type of job experience.
Commissioner Deegan said he hoped the excellent job the City did in the past with
the program improves to an outstanding job. He suggested the program realize a longer '
work maturity, incorporate an interest inventory to avoid poor matches, require
participants be 'interviewed by employers, and improve staff ratio to provide better
counseling.
Mayor Garvey reported Workforce is anxious to initiate their pre-counseling efforts
/I; and begin this year's program. She suggested including a career advancement concept 'to
,::\ the program's goats and objectives and noted the importance of providing future oriented
employment. She felt menial labor jobs would not provide participants with a clear vision
of available opportunities.
Commissioner Thomas did not concur. He expressed concerns that the program
was wasting taxpayers' money and he did not feel there were substantive results for the
City's $260,000 expenditure over the previous two years. He said the education system
is charged with providing students with work and career experience. He suggested a
program spending $130,000 annually was not suffident to provide a lifetime work
experience opportunity when schools cannot accomplish that goal.
Commissioner Thomas said the City is trying to provide youth with pocket change
in the summer and a job that keeps them off the streets and out of trouble. He felt this
goal could be easily accomplished. He recommended neighborhood needs, including
cleaning and landscaping, be defined. He suggested manLJallabor CQuld be supervised by
the Parks & Recreation Department. He said there is nothing wrong with manual labor and,
predicted youth who work to improve their neighborhoods will gain pride in their
achievements. He suggested youth, working in bu~inesses, do not observe the fruits of
their labor.
Ms. Rice said a similar program for younger children could be established with PPIC
and the City would not have to pay for that program. Mayor Garvey suggested it was in
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the best interest of the community to expose young workers to opportu~ities in the
marketplace. She said the City wants to introduce employers to a new resource of
workers.
, Commissioner Thomas asked how many youth now have full time jobs. Ms.
Breland noted most youth returned to school following their completion of the program.
Commissioner Thomas felt the program should address children who need summer work.
Mayor Garvey felt the program should provide young people with the opportunity' to learn
about the work world. Commissioner Thomas felt the program should provide tangible
benefits to participants so they can experience accomplishment.
, Commissioner Deegan felt the program should provide an opportunity for
disadvantaged youth to learn about private sector work on a part time basis in the
summer. He said participants wilt carry these important experiences with them through
life.
Commissioner Deegan discussed the National Community Service Act of 1993. He
suggested the City apply for federal grant monies to operate the City's program and said
nationwide funding for programs similar to Clearwater's is available. Experts found these
programs provide youth with a valuable learning experience. He reiterated the importance
of focusing the program on youth, 17 and older.
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Commissioner Thomas did not feel any of the data proved Clearwater's program
has been successful. Mayor Garvey suggested the City has the choice of providing youth
with'opportunity today or pay later when they go to prison.
Commissioner Deegan did not think money had been wasted. He said the program
protected human resources by providing job opportunities and a 'stronger work force in the
targeted geographic areas that will, in turn, attract additional neighborhood businesses.
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Commissioner Deegan objected to the JWB study that he described as overpriced
and poorly conceived. He agreed with Commissioner Thomas that the Commission needs
statistical data to validate the program. He said enough evidence proved the program has
merit. He noted problems with program duplication and poor record keeping.
Commissioner Thomas suggested the parents of participants be included in the
program. Ms. Rice noted parents were an integral part of the program, even though their
participation was not evaluated. Commissioner Deegan suggested the testimony of
parents would provide the most meaningful data.
Commissioner Fitzgerald felt'the program has been a success and complimented
those who managed it. He noted as the program evolves, it improves and offers hope to
the 'community. He agreed the program should focus on older youth. He noted the
difficulty in involving some parents and thought educating parents should be a goal. He
supported the program's continuation and noted' programs paving avenues of opportunity
for disadvantaged youth are the wave of the future.
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, Commissioner Thomas expressed concerns about the negative influence of the
criminal element on youth, 12 to 14. He recommended alternatives be made available.
Ms. Rice explained all applicants are screened and referred to appropriate programs. The
City does not duplicate existing programs.
Mayor Garvey noted the complaints by older youth that the pay was low, or there
was not enough work or hours, proved the program was successful.
Ms. Breland indicated she would continue working on the mission statement and
list of measurable goals and objectives and will present them in two to three weeks.
Interim City Manager Elizabeth Deptula stated the measurable objectives must be approved
by the Commission before the jobs program can progress. Mayor Garvey recommended
the objectives be developed soon because of JTPA's timeline. Ms. Rice noted staff is
investigating federal funding.
ITEM #18 - Plannina and Zonina Board - 2 aopointments (CLK)
Commissioner Thomas moved to reappoint John Carassas. The motion was duly
seconded and carried unanimously.
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Commissioner Thomas moved to appoint Frank C. Kunnen. The motion was duly
,seconded. Mayor Garvey noted Mr. Kunnen had been in court against the City. Upon the'
voted being taken Commissioners Deegan and Thomas voted "Aye." Commissioner
Fitzgerald and Mayor Garvey voted "Nay. n Due to the tie vote, this item is continued to
the next meeting. '
ITEM #19 - ~istoric Preservation Board - 1 aooointment (eLK)
Commissioner Thomas moved to appoint Stephen Thomas Alosa. The motion was
duly soconded and carried unanimously.
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ITEM #20 - Other Pending Matters
a) (Cant. from 2/14/94) Affordable Housing Advisory Committee - appointment to
residential building category
Commissioner Thomas moved to appoint Mark Cagni. The motion was duly
seconded and carried unanimously.
It was noted the Banking/Mortgage seat was vacant due to the previous appointee,
Ms. Myhill, not being a City resident.
b) (Cant. from 2/17/94) Contract for development & production of recycling Introduction
and promotional materials for city-wide residential, multi-family & commercial progra'ms to
Pearson, Thomas/LKW.lnc.. Tampa. FL. at a cost not to exceed $41,216 (PW)
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In February 1992, Pearson, Thomas/LKW, Inc. was awarded a contract to develop
introduction and promotional material for the Curbside Recycling Pilot Program. The
contract stipulated that developed materials be designed so they could later be modified to
support a city-wide recycling program. The pilot program materials were well received and
effective. Upon approval of city-wide recycling, the company was requested to develop an
action plan and cost schedule for development and production of materials for the new
programs.
, Pearson, Thomas/LKW provided the City with an action plan and cost schedule for
production of materials for use in the residential, multi~family and commercial recycling
programs, as well as a multi-media advertising and promotion program.
In order to launch the programs effectively and achieve the pRrticipation required for
success, staff feels the proposed introduction and promotional plan will properly inform
and motivate citizens. The materials also will be utilized for orientation of new residential
customers and for marketing multi-family and commercial recycling. The State Recycling
Grant will fund the action plan.
, Assistant Director of Public Works, Robert M. Brumback, said funding of the
proposal's recommendations are included in the budget. He suggested advertising costs
could be lower than those indicated. Commissioner Deegan suggested a public relations
firm' would not charge less than what was allotted and expressed concerns that staff
remains in control of all decisions regarding advertising.
If' Commissioner Thomas strongly recommended using direct mail instead of
. ~~:' newspaper advertising. Mr. Brumback said newspaper advertising was included in the
budget because the original goal for this program was not to limit services to the City.
Advertising will be mailed via utility stuffsrs.'
,Commissioner Deegan noted the proposal included a $41,000 expenditure for a
Public Relations firm and questioned the sentence under "Agency Role and Compensation"
on page 11, that states, "The City will handle all public relations activities unless otherwise
requested." Mr. Brumback explained that the City's recycling coordinator's staff was
ultimately in charge: He said the firm will do the creative work and City staff, the
distribution. William Baker, Acting Assistant City Manager, explained the sentence should
read the consultant will handle recycling public relations activities and the City will handle
all other public relations activities. '
Mr. Brumback said coordination with Barbara Metzger, Graphic Communications
Supervisor, will allow optimum use of the City's printing facilities.
Commissioner Thomas moved to approve awarding a contract to Pearson,
Thomas/LKW, Inc. of Tampa, Florida for the development and production of recycling
introduction and promotional materials for City-wide residential, multi-family and
commercial programs at a cost not to exceed $41,216. The motion was duly seconded
~nd carried unanimously.
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cr (Cant. from 2/17/94) Interlocal Agreements and Franchise Ordinances for Pasco
Expansion (GAS)
Chuck Warrington, Managing Director of the Gas System, distributed three
contracts to the Commission for Port Richey, New Port Richey, and Pasco County. Pasco
County's' contract differs from the others bedause John Gallagher. Pasco County
Administrator, requested a "Payment in Lieu of Taxes" instead of a traditional franchise
payment. This payment, limited to an estimated $1QO,000/year by 2000, would be based
on increased revenues rather than City investment. Mr. Gallagher requested the City
demonstrate that earnings from natural gas in Pasco County will be invested in Pasco
County for at least seven years. Analysis demonstrated earnings \il/ould be invested in
Pasco County for at least 8.6 years and probably in excess of ten years.
The impact of the Pasco County UPayment in Lieu of Taxes" on the original
Strategic Plan projections reduces the Pasco Net Income by 8.2% but only reduces the
year 2000 "Total Return to the City" by $40,000 or 0.7% of the Total Return over the
seven year plan. Staff beHeves this compromise provides minimal impact.
Staff recommends the presentation of these agreements to Pasco governmental
entities. Staff requests the freedom to negotiate necessary changes provided they do not
materially affect the City's profitability. Once the agreements are executed by the
respective Pasco governmental entities, staff will return them to the Commission for final
approval.
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Mr. Warrington esti"!1ated the impact of Pasco's request would total $110,000 over
, seven years.
Commissioner Thomas moved to approve presentation of these agreements to the
Pasco governmental entities. The motion was duly seconded and carried unanimollsly.
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CITY ATTORNEY REPORTS
ITEM #21 ~ Other City Attornev Items
a) Res. #94.22 ~ Urging the United States Congress to defeat legislation which would
impose unfunded mandates upon local government agencies. or else appropriate sufficient
,funds to enable federally-mandated programs to be implemented at the local government
level' '
The City Attorney presented Resolution #94-22 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #94-22 and authorize the
appropriate officials to execute same. The motion was duly seconded.
Commissioner Deegan requested the resolution be amended in Section 2 to include
the Chairs of the appropriate committees to those receiving copies of this resolution. The
amendment was accepted by the maker and the seconder.
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Upon roll call, the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": None.
Absent: Barfield.
ITEM #22 - City Mananar Presentations - None.
ITEM #23 - City Mananer Verbal Reoorts
a) Vendors on Clearwater Beach
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Ms. Donna Bruno requested information about operating a vending stand for
McDonald's in the, Beach Commercial zoning district. She indicated her intention was to
operate on Clearwater Beach in the general vicinity of the McDonald's on Mandalay
Avenue. Central Permitting Director Scott Shuford suggested vendors, if properly
controlled, could promote a festive atmosphere in pedestrian oriented situations~ The City
made provisions for Downtown vendors and currently one operates from Station Square
Park.
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The Beach Commercial district, pedestrian-oriented and similar to Downtown. may
be an appropriate place for vendors. Territories, attire, product. hours of operation. liability,
insurance, and other issues would have to be addressed. He recommended beach vendors
be limited to thosB affiliated with restaurants or stores located in the BeBCh Commercial
district. Businesses from outside the district should not be allowed to compete with local
businesses.
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Mr. Shuford said McDonald's wanted to alleviate overcrowding at their restaurant
by offering the same menu items at a nearby vendor stand. Mayor Garvey concurred that
only current business owners should be permitted to participate. Commissioner Deegan
felt it important the vendors remain in one spot,and stay off the sand. He requested Mr.
Shuford develop parameters.
Commissioner Thomas, noted vendors can only be charged a small licensing fee
while competing beach businesses pay taxes. He noted Station Square Park is wide and
open but Clearwater Beach has no sidewalks. He foresaw a severe trash problem
associated with vendors.
Commissioner Deegan agreed that only beach businesses should be allowed to have
'vendors. Mayor Garvey predicted enforcement difficulties and felt beach sidewalks are not
'conducive to vendor sales. Commissioner Thomas noted strict laws now forbid outside
merchandise displays and a beach ice cream parlor is not allowed to'dispense cones
, through its window. '
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Direction was given for Mr. Shuford to study vendor opportunities on the beach and
draft regulations.
bJ Chamber of Commerce Building - discussion delayed until March 1 7, 1 9~4 meeting
c) Fees and Variances for Conditional Uses
Ms. Deptula explained the present fee schedule was developed in 1 990. Rates
were established to compensate the City for processing costs. Commissioner Deegan
suggested if thesa costs greatly exceed what other community's charge, the City needs to
review its fee schedule. ,If the City lacks efficiency, its fees should be reexamined and
costs lowered. Ms. Rice said other communities' charges do, not cover their costs.
Commissioner Deegan suggested the City may not be required to recoup all costs.
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Commissioner Tho'mas questioned if businesses are charged a separate fee for
every exception. Mr. Shuford explained those who request more than one conditional use
permit and variance pay the regular rate for the first conditional use permit or variance fee
and $55 per additional request. Commissioner Tholllas suggested a maximum cap be
instituted for a new business owner. Mayor Garvey felt encouraging people to request
variances is inadvisable. Commissioner Deegan said the City does not want to discourage
, development. Mr. Shuford noted Clearwater's fees remain high, even after other
communities instituted minor fee increases.
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Mayor Garvey said fees should be realistic, encourage development, and cover City
expenses for issuance. Mr. Shuford said most communities establish their fee schedule to
limit the number of requests of those wanting to "test the waters." He knew of no other
citie,s who attempted to recoup personnel costs.
Commissioner Deegan said the purpose of the Planning and Zoning Department was
to accomplish this work. Mr. Shuford did not know if user fees or the general fund should
cover these expenses instead. Mayor Garvey noted if user fees are cut, another source of
revenue would need to be established.
Suggestions will be brought forward.
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d) Holiday Parking
In 1990, the City Manager delineated six holidays that would qualify for non
enforcement of Downtown parking meters. City parking garages are free on federal
holidays and weekends. Ms. Deptula requested that parking meters not be enforced in the
Downtown area during federal holidays. Rules for enforcement of beach meters are clearly
posted. Rules posted on Downtown meters'state they are not enforced on holidays. The
definition of "Holiday" is unclear to visitors.
It, was the consensus of the Commission that Downtown parking not be enforced
on the Federal Holidays of 1) New Years Day, 2) Dr. Martin Luther King's Birthday Holiday,
3) George Washington's Bi~thday Holiday, 4) Memorial Day Holiday, 5) Indopendence Day,
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f) Strategic Planning
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6) labor Day, 7) Columbus Day Holiday, 8) Veterans Day, 9) Thanksgiving, and 10)
Christmas.
e) Cable Regulations
On February 22, 1994, Federal cable regulations were changed regarding the .
calculation of benchmarks. The City is presently negotiating a franchise renewal and rate
review: New regulations require the City to verify Vision Cable's rates are below the new
benchmarks. Ms. Deptula said the City's cable consultant's review revealed Vision Cable's
rates do remain below the new benchmarks. A resolution will be brought forward noting
the change of rules regarding rate regulations for federal cable purposes.
Ms. Deptula requested specific direction identifying short term goals for budget
preparation and longer term goals for a three to five year window. She requested a date
for discussion be set on Thursday, March 3, 1994.
Ms. Deptula and her staff will meet with all department directors on
March 8, 1994, and evaluate the 30 to 90-day action plans. This evaluation, with Ms.
Bramson's report, will be forwarded to the Commission for review prior to future
discussion.
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, Commissioner Thomas questioned when information on the City Hall and Police
Department would be completed. Ms. Deptula indicated information on City Hall would be
available March 1, 1994. Mr. Baker said preliminary work on the Police Department study
, was recently initiated. Commissioner Thomas felt discussion of the Police Department
should be an integral part of the strategic planning meeting. Mr. Baker estimated the
report would be completed in four weeks. Consensus was that the City Hall would be
scheduled for discussion at the March 17, 1994 Commission meeting. .
Mr. Baker indicated Mr. Rowe was prepared with models on five options for a new
City Hall. It was the consensus of the Commission for Mr., Rowe to make his presentation
on the options and costs for a new City Hall during a half hour work session in the
Conference Room at 5:00 p.m. on March 3, 1994, prior to the scheduled Commission
meeting~
,ITEM #24 - Commission Discussion Items
a) (Cont. from 2/14/94) Swearing-in of speakers
Commissioner Deegan moved to continue this item until the April 4, 1994
Commission meeting. The motion was duly seconded and carried unanimously.
b) Certified Notices to applicants/representatives
The City Clerk estimated mailing certified notices to both the applicants and
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representatives of approximately 150 cases per month would cost the City an estimated
$1 ,260 per month. ' Ms. Goudeau noted this figure does not include personnel costs for
hand preparation of the documentation required for each letter. She noted most problems
were associated with old sign variance cases where address changes are common. Only
three applicants did not show up as scheduled. Few problems are associated with new
applicants. She did not feel the additional expense and staff time were warranted.
The Commission concurred with the City Clerk's recommendation.
c} Library 25 item limit
The Library staff and board studied options to the 25-material limit and made a
recommendation. The Library B'oard again opposed placing limits on the number of
materials checked out on a library card. Staff also opposed a limit and felt if the
Commission is unwilling to rescind the limit, it should be imposed equally.
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The Library Board and staff discussed options to prevent offenders from checking
out collections for profit-making daycare centers, preschools, nursing homes, etc.
Considering the small number of people they would be attempting to affect, posting a sign
or requiring a signed statement on a library card application were perceived as negative
public relations. Requiring people who wanted more than the limited number to state their
purpose was also viewed by both groups as encouraging people to lie. None of the
options were reconimsl)ded.
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Commissioner Thomas asked if the City wlll retain the right to establish Library
rules after joining the Cooperative. Ms. Rice said the Cooperative does not establish
Library rules. The only rule changes that may be required relate to the length of time
books may be 'checked out.
Commissioner Thomas said his position on limiting materials for check out has not
changed. He felt 25 is a reasonable limit and noted out of the more than 60.000
cardholders, only 1 50 check out mors than the limit.
Mayor Garvey suggested the City is pro~b!Jsiness and questioned why the City
would act against businesses using library resources.
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, Commissioner Thomas felt businesses have the responsibility to provide their own
inventory. Mayor Garvey questioned how that differed from businesse's using the libraries'
c~mputers and modems. Commissioner Thomas said he felt business owners should '
provide their own materials to run their businesses.
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Mayor Garvey asked if materials are returned in short order, what are other citizens
losing? Commissioner Thomas felt the City was being abused by 150 people. Mayor
Garvey said the library worked fine without a limit and questioned why one had to be
imposed.
Commissioner Fitzgerald noted the Library Board, after reviewing this matter on
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Commission.:r Fitzgerald noted the Library Board, after reviewing this matter on
, several occasions, again recommended that the limit on library materials be rescinded. He
recommended the Commission accept the advise of the City's professional Library staff.
Commissioner Fitzgerald made a motion to approve the staff recommendation to
rescind the limit on library materials and not impose other conditions. There was no
second.
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Commissioner Deegan said the, Commission requested staff to examine this
problem. He agreed with the recommendation to post signs in the library regarding use by
businesses. He felt requiring anyone to say why they wanted to check out more than the
limit would encourage patrons to lie. Challenging patrons at check out would add work to
the staff and also result in lies. He felt a sign should be posted that says businesses not
abuse their 'access to library materials by excessive use.
Commissioner Deegan made a motion to rescind the limit if signs against abuse by
business are installed. The motion was duly seconded. Upon the vote being taken
Commissioners Deegan and Fitzgerald and Mayor Garvey voted "Aye." Commissioner
Thomas voted" Nay." Motion carried.
d) Rule change proposed by Commissioner Deegan ra Notice of Mayor's absence
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, Commissioner Deegan has requested an addition be made to Commission Rules that
the Mayor notify the Vice-Mayor if s/he will be out of town, indicate the estimated time of
absence from the City, and provide an 'emergency number. '
As Vice-Mayor, Commissioner Deegan requested this be done as a courtesy and
assured his intent is not to interfere with anyone's privacy.
Mayor Garvey indicated she would be prepared to discuss this item at the next
Commission meeting.
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Commissioner Thomas moved to continue this item to March 3, 1994. The motion
was duly seconded and carried unanimously.
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ITEM 1125 - Other Commission Action
Commissioner Deeaan asked if staff contacted the County regarding the annexation
issue. The City Attorney indicated among the bills in the State Legislature he is watching,
one, backed by Curt Kiser, would rescind the ELMS Bill. Commissioner Deegan requested
staff followup on the City letter written in November 1993, to the County Commissioners. .
Mayor Garvey said she would favor a response directly from the County Commissioners
and not the County Administrator.
Commissioner Fitzaerald reported the Suncoast League of Municipalities will host
their 9th Annual mini~conference in Crystal River on April 29 ~ May 1, 1994. He requested
approval to attend. Mayor Garvey indicated interest in attending jf her schedule allows.
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Commissioner Thomas moved to approve that any Commissioner wishing ,to attend
the Suncoast League of Municipalities mini-conference be permitted to do so 'with the City
paying appropriate expenses.
Commissioner Deegan asked if anything in the agenda might later come before the
City ,Commission. Commissioner Fitzgerald reported this year's conference includes a
presentation on environmental regulation by Virginia Weatherall, Secretary of Florida's
Department of Environmental Protection; panels on storm water and clean water;
presentations on fiber optics and the information highway; seminars on dealing with the
press and on how cities in Florida are regulated; and a panel discussion on how cities can.
view environmental problems and projects. The purpose of the conference is to educate
elected officials and encourage an interchange of ideas among cities.
.Mayo~ Garvey noted these meetings are held in the sunshine. Commissioner
Thomas felt appropriate staff members should attend this type of meeting. He encouraged
the Interim City Manager to designate appropriate staff members also to attend.
The motion was duly seconded and carried unanimously.
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ITEM #26 - Adjournment
The meeting adjourned at 3: 1 0 p.m.
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