03/03/1994 (2)
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CITY COMMISSION MEETING,
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March 3, 1 994 '
Tne City Commission of the City of Clearwater met in regular session at City Hall,
,Thursday, March 3, 1994 at 6:02 p.m., with the following members present:
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Rita Garvey
Arthur. X.. Deegan, 11
Richard Fitzgerald
Sue A. Berfield
, Fred 'A. Thomas
Also present:
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" Elizabeth M. 'Deptula
'Kathy S. Rice.
,William C. Baker
M.A. Galbraith, Jr.
Peter J. Yauch
Scott Shuford
Cynthia E. Goudeau
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Mayor/Commissioner
. Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Interim City'Manager
,Deputy City Manager
Acting Assistant City Manager
City Attorney
Acting Public Works Director
Central Permitting 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 Deacon Albert Tibbetts of St. Cecelia's Catholic Church.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
, ,ITEM #4 - Introductions and Awards
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Proclamation: Women's Month ~ March, 1994.
ITEM #5 - Presentations - None.
ITEM #6 - Aporoval of Minutes
Commissioner Berfield moved to approve tf:1e minutes of the regular meeting of
J,anuary 6, 1994, as recorded and submitted in written summation by the City Clerk to
, . each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
Jay Keyes spoke in favor of the Maas Brothers site as a conference/entertainment
location.
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William Goodwin stated he supported the convention center at the Maas Brothers
site. He stated feedback regarding a convention center on the beach has been negative
from the residents' point of view. '
Bob Bickerstaffe spoke concerned that there is still no auditorium for downtown
Clearwater. He stated there was a need to supply a place for the community to use for
different functions and it would make downtown a destination.
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Barbara Brooks spoke in 'favor of a multi-purpose center in downtown Clearwater.
David Campbell expressed concern regarding the Church's Chicken sign at the
southeast cornej of .Gulf to Bay Boulevard and Lake. He stated the sign posts are
illuminated causing the sign to look much larger than it is. He requested immediate action
be taken to control this type of sign. It was the consensus this would be a discussion
item at the April 4, 1994 meeting.
Bill Zinzow spoke concerning the Church's Chicken sign, stating it was something.
the Commission should be concerned about. He felt it would be disastrous if such signs
were allowed to proliferate. He also asked the Commission reconsider an ordinC!nce to
regulate neon signs. He suggested one of the remaining floors of the Maas Brothers
building be used for community operations as service clubs have no good facilities in the
City.
PUBLIC HEARINGS
(~;~ ITEM #8 - Public Hearina & First Readina Ords. #5548~94. #5549~94 & #5550-94-
Annexation, Land Use Plan Amendment to Residential Low Medium and RMH Zoning for
property located at 2991 Gulf to Bay Blvd., William Brown's Bayview, part of Lots 1 & 2,
and Lot 18 less portion previously annexed, consisting of approx. the north 278' of subjoct
property, 2.66 acresm.o.1. (Wilder Corporation of Delaware, A93-29, LUP93-42)(CP)
The subject property is located between Gulf to Bay Boulevard and Tampa Bay, and
is approximately 1,650 feet west of McMullen BO:Jth Road. The property is occupied by
the Bayside Trailer Gardens which has 61 mobile home spaces. The mobile home park has
its own sewerage system. The Pinellas County Public Health Service has issued a "Notice
to Abate a Sanitary Nuisancel1 to the trailer park requiring them to connect to the City's
sewer system. The request for annexation is made in order to allow the applicant to
connect to the City's sewer system. The applicant has paid the required Recreation
Facility Land and Recreation Facility Impact fees, and, after meeting the requirements of
the Public Works Department, has connected his trailer park to the City's sewer system.
On February 15, 1994, the Planning and Zoning Board endorsed this request.
Commissioner Thomas moved to approve annexation, a land use plan amendment
to Residential Low Medium and RMH zoning for the subject property. The motion was
du!y seconded and carried unanimously.
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The City Attorney presented Ordinance #5548-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5548-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayestl: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naystl: None.
The City Attorney presented Ordinance #5549-94 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5549-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
'''Ayestl: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5550-94 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance 115550-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nayslt: None.
The subject property is located on the south side of Sunset Point Road,
approximately 1,250 feet west of McMullen Booth Road. The applicants are building a
single family house under a County building permit and wish to obtain City sewer service.
The construction will be in compliance with the City's zoning requirements for RS-6, which
iS,the zoning proposed for this property. '
(""\ ITEM #9 - Public Hearina & First Readina Ords. 115545-94. #5546-94 & #5547-94 -
....,' Annexation, Land Use Plan Amendment to Residential Urban and RS-6 Zoning for property
located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres m.o.l. (Roetzer,
A93-30, LUP93-41 HCP)
On February 15, 1994, the Planning and Zoning Board endorsed this request.
Commissioner Thomas moved to approve annexation, a land use plan amendment
to Residential Urban and RS-6 zoning for the subject property. The motion was duly
seconded and carried'unanimously.
The City Attorney presented Ordinance #5545-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5545-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
llNays": None.
The City Attorney presented Ordinance #5546-94 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5546-944 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance # 5547 -94 for first reading, and read it by
title only. Commissioner Thomas moved to pass Ordinance U5547-94 on first reading.
The motion was duly seconded and upon roll call, the vote ,was:
llAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
, llNays": None.
ITEM U; 0 - Alcoholic Beverage Distance 'Seoaration Variance for orooertv (HANS Service
Center) located at 2201 Gulf to Bav Blvd., Sec. 18-29-16, M&B 32.04 (Ellis & Co., ltd.,
AB94-05){CP) ,
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This is a request for a separation distance variance to allow a new 2-APS license to
sell package alcoholic beverages (beer arid wine) at an existing gasoline station located at
the southeast corner of South Belcher Road and Gulf to Bay Boulevard. The gasoline
station has a floor area of 434 square feet and 11 parking spaces. The proposed hours of
operation are weekdays, 6 a.m. to 10 p.m. and weekends, 8 a.m. to 6 p.m. The variance
is required as the subject property is located within 50 feet of similarly licensed
establishments (Eckerd Drugs and Publfx Food Store - Gulf To Bay Plaza).
The property is within the CG zoning district. No ~dditional parking facilities are
needed. The Police Department has no objection to this use.
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On February 15, 1994, the Planning and Zoning Board approved the associated
conditional use request subject to the following conditions: 1) the applicant shall obtain
the required occupational license within six months from the date of this public hearing,
and 2) the alcoholic beverage sales shall be restricted to package sales with no on-premise'
consulJ1ption of alcoholic beverages.
There is a related case involving the Amoco station on the northwest corner of Gulf'
to Bay and Belcher. This case was considered by the Planning and Zoning Board and .
Commission in 1989, with the Board approving the conditional use permit and the
Commission denying the separation variance on the basis of traffic and accident potential
concerns.
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, Mayor Garvey pointed out that Albertsons, Eckerds and Publix all have alcoholic
beverages and there was no need to allow them at this gas station.
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Staff has not identified any traffic or accident concerns associated with the subject
property.
Mayor Garvey questioned if the issue was not accessibility. Hans Astrom,
applicant, stated a gas station he operated in Largo was destroyed in the 1992 tornado.
He stated in orderto be viable, the gas station needs more than just gas an'd he wanted to
open a little convenience store. He stated it would be convenient for his customers to be
, able to buy all their products with one stop. He stated he has never had a violation.
David Campbell stated this is the closest gas station to where he Jives and there are
half a dozen alcoholic beverage establishments within the area. He did not feel ueer was
needed in order for the gas station to compete and he was against additional alcoholic
beverage establishments in this area.
, Commissioner Thomas stated he was against approving this as there is no other
gas station in this area that sells alcoholic beverages.
'Commissioner. Fitzgerald stated the deciding factor in the previous variance denial
for the Amoco station was due to safety concerns with the heavy traffic on Gulf to Bay
Boulevard and Belcher. He questioned if there was any difference for this application.
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Peter Yauch, Traffic Engineer, stated it has one of the highest accident rates in the
City and there have been no significant changes in the traffic since 1989.
Commissioner Thomas moved to deny the request for an alcoholic beverage
separation variance. The motion was duly seconded and carried unanimously.
ITEM #11 - Alcoholic Beverage Distance Seoaration Variance for oroperty located at 900
Osceola Ave., J.A. Gorra Sub., Blk 2, Lots 2 & 3 along with westerly 120' of Lot 1, Sue
Barco Sub., Lots 13, 14, 23 & 22 less triangle in southeast corner together with vacated
Nicholson Street, filled submerged land, submerged land and riparian rights and F.T. Blish's
Sub., Lots 1-3 & 8-10 together with easterly portion of Sue Barco Sub., Lot 1 (Clearwater
Bay Marina, Inc., AB93-16)(CP)
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This item is returning to the Commission due to a recent property acquisition which
will result in an additional parking lot and improved traffic movement patterns for the
marina facility. In effect, the conditions under which the Commission previously
considered the request have changed, necessitating a return of the item for further
Commission action. On December 2, 1993, the Commission granted the necessary
separation variance for Empress Cruise Lines which did not include the proposed expansion
area. Since, that time, additional marina parking has become necessary, resulting in the
current proposal adding land to the original development.
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There were no negative comments received from the Police Department or other
city denartments concerning this request. '
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The applicant is requesting a variance of 300 feet to permit sale of beer, wine and
liquor (4 COP-SPX) to be located zero feet from a residential zone. The alcoholic beverage
license is for consumption on premises of a 470 passenger capacity cruise ship named the'
"Crown Empresslt, proposed to be berthed at the Clearwater Bay Marina, a commercial
madna facility.
The representative of the cruise ship has indicated that the portion of the marina to
be occupied by the cruise ship and the associated parking will be leased from Clearwater
Bay Marina, Inc. ,Recently, the ownership of- the property has changed. The new owner,
Clearwater Bay Marina, Inc., will have the responsibility of managing the entire marina
facility including its parking areas.
On November 17, 1993, the Development Code Adjustment Board denied a parking
variance and the Cruise Line appealed the decision. However, with the newly proposed
additional parking spaces, the appeal is inconsequential.
The updated conditions of approval are attached to these minutes as Exhibit A with
the revised/added language shaded.
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On February 15, 1994, the Planning and Zoning Board approved the associated
request for a conditional use permit. The conditions (Exhibit A) relate to the Board's'
approval of this case and would modify the Commission's previous conditions of approval
to reflect the revised circumstances.
Scott Shuford, Central Permitting Director, reviewed the application stating the
additional property is requiring adjustments be made in the conditions that were, attached
to the original variance request. Additional time is needed in order to meet those
conditions, therefore, they are requesting reapproval of the variance with the modified
conditions.
Questions were raised regarding the need to reapprove the variance.
Mr. Shuford indicated that the best way to modify the conditions was reapproval of
the variance with the modified conditions attached to it. He stated conditions 5, 6 and 10
would be modified and new condition 1 8 would be added.
Commissioner Deegan questioned if these were not conditions of the conditional
, use rather than the variance. Mr. Shuford indicated this was usually the case, however,
when the Commission initially approved the separation variance, they also placed the
Planning and Zoning Board's conditions on that variance.
'Commissioner Berfield questioned to what time period the conditions needed to be
amended. Mr. Shuford indicated that the wall would be finished by March 31 st and the
parking lot by October 1 st.
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Sandy Laveris, engineer, stated they are constructing a parking lot between Ft.
Harrison and Osceola Avenue, just south of Nicholson Street. He stated they are also
putting in a retention pond and demolishing a house that is on this property. This will
complete the interior site work except for the paving of a shell parking lot to the east of
the terminal buildin'g which will also be done.
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Commissioner Fitzgerald questioned the number of spaces that would be added.
Tom Radcliff, working with the engineer, indicated that while there are 50 spaces in the
new parking lot, some will be lost elsewhere and the total proj~ct will gain approximately
30 spaces. .
, Commissioner Thomas expressed concerns regarding not wanting to change any of
the conditions approved at the last hearing having to do with the serving of alcohol prior to
, leaving the docks or when entering Clearwater Pass. Mr. Shuford indicated this would not
change those conditions.
Commissioner Thomas pointed out that the conditions approved by the Commission
had the alcoholic beverage service ceasing when the ship entered Clearwater Pass, not at
Memorial Causeway as is indicated in the agenda item. Mr. Shuford indicated they will
make,sure that change is made~
A question was raised regarding whether action was needed tonight. Mr. Shuford
indicated that conditions 5, 6, 10 and 18 would need to be addressed.
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Commissioner Berfield questioned whether or not this would allow any new
alcoholic beverage sales areas and Mr. Shuford indicated it woufd not. He stated the
: modifications to the conditions changed the dates for work to be done.
Mr. Radcliff indicated that one of the previous concerns had been access of the
patrons to Ft. Harrison Avenue. He stated with the added property, there will be direct
access to Ft. Harrison.
Commissioner Thomas moved to amend conditions 5, 6 and 10 and add condition
18 to the conditions approved by the City Commission at the December 2, 1993
Commission meeting for an alcoholic beverage separation variance for Clearwater Bay
Marine Way~. The motion was duly seconded.
Vicki Morgan requested clarification that this would uphold all the former
conditions. It was indicated it would.
, Howard LaVasser, owner of Clearwater Bay Marine Ways, stated he felt this would
be an improvement to the site as they are tearing down derelict buildings.' He also
indicated the school had asked if they could use the parking lot when it is not in use and
, he has indicated they are welcome to it.
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Bob Bickerstaffe stated there needs to be a clarification regarding separation
variance for a boat selling alcoholic beverages when it is away from dock.
Upon the vote being'taken, the motion carried unanimously.
ITEM #12 - Public Hearina & First Readina Ord. #5551-94 - Amending Sec. 40.367 to,
delete certain setback and building separation requirements in the Beach Commercial
zoning district (LOCA94-04) (CP)
The Oevelopment Code Adjustment Board's consideration of the Pelican Walk
,development, has prompted staff to bring forward a 1992 proposal to modify setback
requirements in the Beach Commercial zoning district.
In 1992, staff proposed several changes to setback requirements in the Beach
Commercial district primarily to eliminate the structural setback requireme,nt from a street
, right of way and to correct inequities in the setback requirements for residential structures.
This proposed code amendment was put lion hold" pending an overall redevelopment and
zoning plan for Clearwater Beach. " .
The proposed code amendment eliminates the current requirement that treats
properties with larger frontages differently from properties with smaller frontages. The
current code requires a 10 foot setback from the street right of way if new development
occurs on a lot that has 90 or more feet of frontage. On lots of lesser width, there is no
street setback. The result of this requirement is the creation of "gaps" in the streetscape
~'" as setbacks jog back and forth.
Staff feels the proposed ordinance is in keeping with the Tropical Seascape Theme
design proposals, as it promotes improved pedestrian J1ambiance" along the Beach
Commercial streetfronts, and again recommends Commission consideration and approval.
At their meeting of February 15,1994, the Planning and Zoning Board
recommended in favor of this amendment. .
At their meeting of February 24. 1994, the Development Code Adjustment Board ,
recommended in favor of the amendment with the further recommendation that the Pelican
Walk driveway issue not be reconsidered. The Board agreed the code amendment was
appropriate, but was opposed to the Commission allowing a modification to the site design
for the Pelican Walk project in,a manner that usurped the Board's decision regarding the
setback variance.
Mr. Shuford indicated that advertising had not occurred for the public hearing held
before the Development Code Adjustment Board, therefore, the item would need to be
reconsidered by them prior to the second reading of this ordinance on April 7th. '
In response to questions, Mr. Shuford indicated the current code creates,jogs as
there are two setback requirements depending on the width of the properties.
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Commissioner Berfield questioned why this was being brought forward now,
instead of when beach development was considered as a whole. Mr. Shuford indicated it
was being brought forward in response to the Pelican Wal~ issue.
Commissioner Fitzgerald expressed concern regarding the DCAB's recommendation
that the Pelican Walk issue notbe reconsidered and if approval of this ordinance would, in
fact, cause reconsideration of the Pelican Walk issue.
Mr. Shuford indicated when Pelican Walk came in for a modification to their site
plan, staff recommended denial due to safety issues. After discussion it was thought the
issues could be resolved and the Commission directed the modification to the site plan be
returned to staff and the DCAB. He stated staff worked to resolve the safety issues by
providing a right-in driveway and other features to protect pedestrians., When the DCAB
considered these amend mEints, they voted not to change their conditions. If the ordinance
is approved, staff can approve the driveway without going back to the DCAB as a variance
will no longer be needed. '
Commissioner Thomas questioned if the ordinance was before the Commission for
Pelican Walk or because it was good, for Clearwater Beach. Commissioner Berfield
indicated she was willing to approve it but not apply it to Pelican Walk. Commissioner
Thomas questioned if this would be her position even if pedestrian safety issues were
resolved. He stated he 'felt the Commission should, be dealing with the ordinance on its
face. Commissioner Berfield questioned whether or not he considered the Commission to
be setting a precedent and he indicated he did not. '
() Commissioner Serfield questioned whether or not restrictions could be attached.
Commissioner Thomas questioned whether Commissioner Berfield was indicating she did
not want Pelican Walk to have vehicular access from Mandalay Avenue. She indicated
this was her position.
She felt the developers had gone forward with the plan until they reached a point
where they had to ask for modifications that they knew were not approved.
Commissioner Thomas again questioned if the safety issues were the main concern
and those had been resolved, whether or not the ordinance could go forward.
, Commissioner Berfield stated it was not so much a safety issue as an issue of
principal on how the developers had approached this problem.
Commissioner Thomas felt the ordinance should stand on whether or not it is good
for the beach.
Commissioner Berfield stated when they talked about devel~pment on the beach,
during the past year, they had recommended setbacks in order to encourage people to
combine lots.
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Commissioner Deegan indicated he remembered wanting to encourage smaller lots
being redeveloped and a possible incentive for combining small lots, but not necessarily
tied ,to the setback issue.
Commissioner Berfield indicated she felt there should be some setback.
Commissioner Thomas moved to a approve a land development code amendment
regarding revised setbacks in the Beach Commercial zoning district. The motion was duly'
seconded. '
Commissioner Berfield questioned if there was any way to consider approval but
'eliminate consideration of the Pelican Walk issue. Commissioner Thomas felt it should be
done under the condition of whether the access was safe or unsafe, not that the method
under which this came forward was not appreciated.
Commissioner Fitzgerald indicated he felt there was a safety issue as right turns
would take vehicular traffic across the public sidewalk.
Mayor Garvey suggested these be handled as separate issues.
Commissioner Deegan indicated the DCAB agreed the ordinance was appropriate for
the beach but not appropriate for the Pelican Walk development. He suggested this could
be addressed by changing the effective date.
"Iii:':';.) , The City Attorney stated it could be in the ordinance that it not be applied
~ retroactively. Mr. Shuford indicated if the ordinance,is adopted, staff would consider the
issue closed and would issue permits for the driveway.
Commissioners Fitzgerald and Berfield questioned if the ordinance did not apply
retroactively, whether or not Pelican Walk would have to come 'back to the Commission.
Mr. Shuford indicated they would have to come back.
Commissioner Thomas felt this would be an improper action as it was focusing on
one piece of property.
Upon the vote being taken; the motion to approve agenda item #12 carried
unanimously.
The' City Attorney presented Ordinance 1/555'1-94 for first reading and read it by
title only. > "
Commissioner Deegan mov,ed to amend Section 5 that this ordinance shall not be
applied retroactively. The motion was duly seconded. Upon the vote being taken; ,
Commissioners Berfield, Deegan, Fitzgerald and TI10mas voted" Aye", Mayor Garvey voted
"Nay". Motion carried.
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Mayor Garvey questioned where the $16.30 had come from. Mr. Burke indicated it
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f(., . . took into account personnel. electric cost and maintenance. He stated if the usage is what'
theY,say, the electric cost would be lower and the lowest the rate could be and recover
costs would be $12.60.
Commissioner Deegan stated there was some question regarding the acreage to
which the rate was to be applied. Mr. Burke indicated this was the total acreage of the
sites as they did not want to preclude possible expansion of irrigated areas. He stated
what has been applied is the fixed costs of the system.
Garth Boline, representing the Chi Chi Rodriguez Youth Foundation, stated they only
irrigate 75 acres whereas in the first proposal, the rate was being assessed on 1 26 acres.
He stated they have a flow meter and they use 138,000 gallons a day.
In response to 'a question, Mr. Reese Indicated Countryside Country Club has 180
irrigated acres.
Commissioner Deegan stated it needed to be decided on what acres the rate would
be assessed and if the acreage was reduced, then the $12.60 would not recover the cost.
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Mr. Baker stated they would prefer to make it irrigable acres, not irrigated as the
courses can change the configuration of the sprinkler heads..
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It was the consensus of the Commission for staff to recalculate the costs based on
the reduced electric use and the irrigable acreage of, the properties.
Commissioner Berfield requested that staff be directed citizens are not to subsidize
the reclaimed water to the golf courses.
Commissioner Thomas moved to continue this item to the meeting of March 17,
1994. The motion was duly seconded and carried unanimously.
Mr. Johnson expressed dismay that the City was not using reclaimed water to
irrigate the softball complex at Drew Street and McMullen Booth Road. Mr. Baker
indicated the water is delivered at low pressure and would not meet the needs of that
facility. He stated the City would need its own ponds and pumps in order to do that and it
is not cost' effective at this time.
The meeting rece~sed from 8:43 p.m. to 8:56 p.m.
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ITEM 1/14 - Ord. #5538-94 - Annexation for property located at 407 Dora Dr., Rolling
Heights Sub., Lot 16, 0.21 acres m .0.1. (Callaghan, A93-28)
The City Attorney presented Ordinance #5538-94 for second reading and read ,it by
title only. Commissioner Barfield moved to pass and adopt Ordinance tt5538~94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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Mr. McFarland 'pointed out that in 1985 when the agreement was drawn' up
between the Country Club and the City, the City needed somebody to take the water.
Mayor Garvey stated the City has now spent $55 million which negates the need for the
City to have someone take the water. Mr. McFarland stated the contract says the Hne will
be provided.
Mr. McFarland stated the advance wastewater treatment process was not
necessarily good for the golf course as it provided less fertilizing properties in the water.
He stated they could also go to SWFWMD and ask to Hcrank up" their wells and not use
city ,water. He stated the calculations provided by staff were not correct. . .
He stated the Country Club has a contra'ct but really does not want to go to court.
He 'stated they are willing to pay soml3thing but the issue is the amount.
Mr. Johnson indicated he had reached the calculation of 28 cents per 1,000 gallons
based on the actual usage. Staff's calculation to recommend $16.30 per acre is an
incorrect assumption as it has 2.8 million gallons per day.
Mr. Baker indicated the City does not want to be inequitable. He also pointed out
that CDM is well known for its work in rate structures.
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Mr. Burke stated that based on the usage rates presented b,y Countryside Country
,Club, the lowest the rate could go is $14.60.
Commissioner Thomas questioned what we would do with the effluent if the golf
courses did not take it. Mr. Baker indicated it could be disposed of in Tampa Bay.
Commissioner Thomas questioned at what cost and Mr. Baker said nothing.
Mr. Burke stated the Commission needed to be aware that while the City has the
ability to discharge the water into the Bay at this time, that could change as the permit ili
to be renegotiated in 1996. He stated there is also the possibility of water use restrictions
that will not apply to reclaimed water. He stated the best rate he could develop to recover
the costs would be $12.60.
Commissioner Thomas questioned if it could not go on the golf courses, where the
water could be placed. .Mr. Baker indicated it would be placed where it would benefit the
City the most.
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Mr., Sherril of the Clearwater Country Club, stated they felt the $34 had been high
and they were pleased with the lower $16.30 rate. He stated they are the City's tenant
and if they could get $12.60 per acre, they would be happy.
, CommissionerThomas questioned what Mr. Burke thought the recommended rate
should be. Mr. Burke indicated that based on the rates of usage presented at the meeting,
$12.60.
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part of the water supply. The agreement states they do not have to use the water and the
City does not have to pro,vid~ it. He stated the City's calculations charge only for pumping
and billing costs.
. Tom Burke, of Camp, Dresser and McKee (COM), stated that a year ago an
estimate was made for extending reclaimed water. He stated costs for the reclaimed
water now provided are recouped through the sewer system and there is a good bit of
cost for the personnel required for that reclaimed water system.
He stated it is true there is 'a wide variety of rates among other cities. He stated
basically they are negotiated rates and based on judgments as to what is fair. He stated it
costs the City $34 per acre to have the system. The question now is how much of that
cost the City wished to recover. A rate of $16.30 per acre would recover the operating
cost of the reclaimed water system.
Commissioner Thomas questioned if the 28 cents per 1,000 gallons were an
accurate calculation. Mr. Baker indicated they had,not calculated in that manner.
Commissioner Thomas questioned if the water was to be metered. Mr. Burke
indicated it would not as that would increase costs for personnel to read the meter and
maintain the meter.
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Mr. Johnson stated there was a question regarding the methodology used in that it
assumed 1 1/2 inches of water were used per week. He stated it is actually 30% of that.
He stated they believed the pumping cost would be less than the, assumption.
Dale Reicht of Countryside Country Club, stated they have an electronic flow meter
on the pump station and are recording their usage. Mr. Johnson indicated they are only
using an average of 400,000 gallons per day whereas staff's calculation assumed a use of
2.8 million gallons per,day.
Commissioner Thomas questioned what the proposed annual fee to Countryside
Country Club would be. Mr. Burke indicated $41,000.
George McFarland, CPA, indicated he had expertise in rate making and the problem
was the assumption of 2.8 million gallons a day. He stated the electric cost is over stated
in staff's recommended rate schedule.
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Gommissioner Berfield questioned whether or not other communities were
subsidizi~9 their reclaimed water rates. Mr. McFarland indicated he did not know.
Commissioner Berfield expressed concern that each citizen is paying for reclaimed
water in their sewer bill and the country clubs have been getting the reclaimed water for
nothifl9.
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Commissioner Deegan moved to pass Ordinance 115551 ~94 on first reading as
amended. The motion was duly 'seconded and upon roll call, the vote was:
II A yesl1: Fitzgerald, Berfield, Deegan and Thomas.
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"Nays~': Garvey.
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Motion carried.
Commissioner Thomas questioned if Pelican Walk would have the right to come
back to the Commission for driveway access. Mr. Shuford indicated they could reapply for
reconside'ration of the site plan.
Public Hearina - Second Readina Ordinances
ITEM 1113 - (Cont. from 12/16/93) Ord. #5325-93'- Establish reclaimed water rates and
define "irrigation area"
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Attorney Tim Johnson, representing the Countryside Country Club, stated 'Florida
Statutes has established a policy for the state that people should be encouraged to use
reclaimed water. He stated this is more than an economic issue but is also a social issue.
He stated if the ~ate is too high, it will discourage reclaimed water ~sage.
, He noted Public Works has recalculated the rate based only on ope'ration costs and
now recommends a rate of $16.30 per acre versus the $34 per acre previously
recommended. He indicated thls was still high as most rates equate to 28 cents per 1,000
gallons. '
He stated the City also does not have a "clear canvass" in this issue as there is an
agreement with Countryside Country Club to provide reclaimed water at no cost. ' He made
several observations: 1) the theory of the charge is to recover the cost of providing the
water. He stated the costs are already covered in the water charges; 2) numerous
communities have reclaimed water and charge nothing; 3) the cost report is flawed in that
it does not take into consideration the cost of not being able to dispose of the effluent. He
also questioned taking 24 hours a month to bill 5 customers for the reclaimed water,
service. He indicated Countryside Country Club would voluntarily amend its agreement
with the City to a rate of 7 cents per 1,000 gallons. He stated there is also the option to
exempt those who have an agreement with the City to use reclaimed water.
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, Mayor 'Garvey questioned if the City had the right to, cancel the agreement. The
City Attorney, M. A. Galbraith, Jr., indicated the agreement was for the City to provide'
the line. It did not promise the water would always be free. He stated they are not
obligated to use the water and the City is not obligated to provide it.
Mr. Johnson pointed out that in the agreement, it, statod all construction, operating,
etc. would be at the sole expense of the City. Mr. Baker indicated the recalculation
subtracted out,the cost of the pipe. He also stated the reclaimed water system is not a
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
t1Nays": None.
ITEM #15 - Ord. #5539-94 - land Use Plan Amendment to, Residential low for property
located at 407 Dora Dr., Rolling Heights Sub., Lot 16, 0.21 acres m.o.1. (Callaghan,
LUP93-40) ,
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The City Attorney presented Ordinance #5539-94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5539~94' on
'second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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"Nays't: None.
ITEM' #16 - Ord. #5540-94 - RS-6 Zoning for property located at 407 Dora Dr., Rolling
Heights Sub., Lot 16, 0.21 acres m.o.1. (Callaghan, A93-28)
The City Attorn'ey presented Ordinance #5540-94 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5540~94 on
, second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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"Nays": None.
ITEM #17 - Ord. #5541-94 - Relating to recreation and open spa~e land dedication;
amending Sections 54.23 & 54.53 to provide that the Commission shall decide whether to
re'quire the conveyance of land, payment of cash, or a combination thereof, to satisfy the .
Recreation Land Impact Fee and Open Space Impact Fee requirements
The City Attorney presented Ordinance #5541-94 for second reading and fead it by
title only. Commissioner Berfield moved to pass and adopt Ordin'ance #5541-94 on
second and final reading, The motion was duly seconded.
Mayor Garvey stated she was against ,the ordinance as it conflicted with efforts to
streamline government. ' '
Upon roll call, the vote was:
It Ayes": Fitzgerald, Barfield" Deogan and Thomas.
"Nays": ,Garvey.
Motion carried.
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ITEM #18 - Ord. #5542-94 - Relating to vehicular traffic; creating Article VI, consisting of
Sections 30.1 71-30.177; restricting the practice of "cruising" or unll8cessarv repetitive
driving on certain streets
The City Attorney presented Ordinance #5542-94 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5542-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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,"Ayes": Fitzgerald, Berfield, Deegan"Thomas and Garvey.
"Nays": None.
ITEM 1f19 - Soecialltems of widesoread oublic interest - None.
.ITEM #20 - Citizens to be heard re items not on the AQenda
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Richard Hayworth, representing the Scientologists, had written a letter to the
Commission requesting closure of Ft. Harrison Avenue on Friday, March 11, 1994~ from
7:00 p.m. until 10:30 p.m. He reported that since writing the letter, they are'modifying
the request to only be a one lane closure. The lane to be closed is the southbound lime
closest to the building. Peter Yauch, Traffic Engineer,' stated this was a better plan and
asked if the Department of Transportation had approved the concept. Mr. Hayworth
indicated they had, subject to Commission approval. Commissioner Thomas questioned
the Commission's policy regarding a time frame for application of such requests. Kathy
Rice, Deputy City Manager, indicated this would fall under a special events permit for
which the Scientologists have not applied" She indicated the procedure calls for the
application to be filed not less than 15 days nor more than 1 year prior to the event. '
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Commissioner Thomas expressed concerns regarding the procedures not being
followed. Mayor Garvey stated her concern was that if the lane was not closed, it would
create a traffic problem.
Commissioner Thomas moved to approve the one lane closure as a necessity for
public safety but that future requests are to follow the code and the procedures set down
for a special events application and that the Scientologists will reimburse all costs involved
to the City. The motion was duly seconded and carried unanimously.
'.
Bob Bickerstaffe expressed concern that zoning regulations make it difficult for
properties to be redeveloped. He stated each project is going to need something different
from the next. He recommended the City work with people redeveloping their property.
Commissioner Deegan indicated that one of the topics at the strategic planning sessions
had been how to make it easier for people to open businesses and redevelop properties.
, Dixie. Walker Duncan stated Clearwater needs to do some visioning. She expressed
concerns regarding current proposals for use of the annex property and stated, personally,
she would envision high end townhouses in that area.
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CITY MANAGER REPORTS
,CONSENT AGENDA (Items #21-31) - Approved ,as submitted.
ITEM #21 - Receipt/Referral - RM-16 Zonina for orooertv located at 2855 Gulf to Bav
Blvd., Resub of Baskin's Replat part of lot 2 (Morton Plant Life Service, Inc. (Bayview
Gardens) Z94-02HCP}
ITEM #22 - Receiot/Referral - CPD Zonino for oropertv located at 706-712 MaQnolia Dr.,
Magnolia Park, Blk 31, lots 6-9, 0.67 acres m.o.l. (Shaughnessy, Z94~03){~P)
ITEM '#23 - Receiot/Referral - Annexation. Land Use Plan Amendment to Residential Low
and RPD-D Zonino for prooertv located at 2370 Dora Dr., Rolling Heights Sub., lot 68,
0.21 acres m.o.!. (Vernon, A94-03, lUP94-03)(CP)
ITEM #24 - Receipt/Referral - Annexation, Land Use Plan Amendment to Industrial General
and Il Zonina for orooertv located at 1770 N. Hercules Ave., Sec. 1-29-15, M&B 34.32,
0.73 acres m.o.!. (Instrument,Transformers, Inc., A94-01, lUP94-01)lCP)
ITEM #25 - Receiot/Referral - Annexation, land Use Plan Amendment to Residential Urban
and RS-8 Zonina for oropertv located at 3123 John's Parkway, John's Parkway Sub., lot
4, 0.23 acres m.o.1. (Enright, A94-04, LUP94-04)(CP)
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ITEM #26 - Receipt/Referral - Annexation, land Use Plan Amendment to Residential
Suburban and RS-2 Zoning C for orooertv located in Chautauqua Sub., Blk 44, lots 1-6 &
21-26 and west 25' of lots 7 & 20, (2600 Block of Third Avenue) 1.40 acres m.o.1.
(Carter, A94-06, LUP94-06)(CP)
ITEM #27 - Receipt/Referral ~ Annexation. Land Use Plan Amendment to Residential Low
and RS-8 Zoning for prooertv located at 1920 E. Skvline Dr., Skyline Groves Sub., Lot 58,
0.20 acres m.o.1. (Sather, A94-02, LUP94-02)lCP)
ITEM #28 - Receiot/Referral - Annexation. Land Use Plan Amendment to Residential Low
and RPD-D Zonino for property located at 601 Dora Dr., Rolling Heights Sub., Lot 21, 0.22
acres m.o.1. (Antoniello, A94-05, LUP94-05)(CP)
ITEM #29 - Receipt/Referral - LDCA re utilitv facilities (LDCA93-23)(CP)
ITEM #30 - Receiot/Referral - LDCA re Levell GrouD Care Facilities in RS-8 Zones
(LDCA94-03HCP)
ITEM #31 - Preliminary Site Plan for property located at 1895 VirQinia Street (Macedonian
Society of Florida, Inc.HCP) Authorize the Development Review Committee (DRC) to
approve a final site plan subject to conditions attached to these minutes as Exhibit B.
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, Commissioner Thomas moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute sarrie. The motion was duly
seconded and carried unanimously.
Commissioner Thomas suggested making an announcement at the beginning of the
, meeting if any items are to be pulled from the consent agenda. That would allow
individuals concerned with items on consent to determine if they wished to stay at the
meeting. Consensus was to do this.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #32 - First Quarter Budget RevieVl! (AS)
This report is based on three months activity (October, 1993 through December,
1993) in this fiscal year, and although in some instances variances have been noted in
revenues and expenditures" some amendments are not proposed until additional data can
be analyzed.
, General Fund first quarter revenues reflect the increase in Utility taxes and
Franchise fees as explained to the Commission at the January 18th presentation for the ,
Financial Forecast, and an estimated increase in Fines of $100,000 due to the recent "
increase in overtime parking fines. '
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Significant expenditure amendments reflect an increase in the Legal program
totalling $232,232 for unanticipated outside legal fees as well CIs funding for the
Hildebrandt audit; an increase of $30,000 in the City Manager's program for accrued leave
paid to Mike Wright; and an increase of $226,100 in the Non.Departmental program
reflecting Commission approved transfers to the Capital Improvement and Special Program
Funds for police radar units ($26,895), police firearms. training system ($116,603),
improvements to the STEPPS Building ($18,502), and $14,000 for the repainting of the
Maas Brothers Building. Previously unapproved transfers include funding of $10,000 for
the removal of asbestos on Fire Station #50 and $30,000 of operational funding for Maas
Brothers.
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Total General Fund projected revenues exceed the current year budgeted
expenditures by $122,016, and that amount is added to the General Fund unappropriated
retained earnings at first quarter.
At first quarter, Gas Fund expenditure amendments reflect the Commission
approved transfer of $3,091,520 of gas operating revenues to the Capital Improvement
Fund to support the Pinelias and Pasco Expansion projects until gas bonds can be issued.
Also, Solid Waste expenditures are amended to reflecfthe accounting transfer of funds
borrowed from the Central Insurance Fund to tile Capital Improvement Fund for the
construction contract of the Solid Waste Complex and other related expenditures as
approved by the Commission on October 7, 1993. And finally, the Commercial and
Recycling Fund budgets are established as approved by the Commission on November 15,
1993.
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All significant revenue amendments reflect the cash pool borrowing for the Gas
Fund projects, recognize the funds received from the Central Insurance Fund for Solid
Waste projects, or reflect the anticipated opera,ting revenues for the Recycling Fund.
Regarding the Bridge Fund, no budget amendments are proposed at first quarter.
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At first quarter, Marina expenditure amendments reflect the Commission; approved
funding for the replacement of electrical line in conjunction with the replacement of Marina
sidewalks ($38,537), and an amendment to ratify the City Manager's approval' of the
purchase of twelve Marina building signs.
Regarding the Parking Fund and the Pier 60 Fund, program revenues and
expenditures are approximately as budgeted. No budget amendments are proposed at first
quarter.
, Atrium (Sun Bank) Fund operating revenues and expenditures are recognized for the
'quarter, as well as the proceeds from the sale of the Atriu'm. The proceeds from the sale
representing the initial funding of infrastructure tax, General Fund revenues, and Special
, Development Fund revenues remain in the Atrium Fund until the Commission makes a final
decision on the reappropriation of these funds.
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An expenditure amendment to the Non-Departmental program of the Central
Insurance Fund reflects the Commission approved transfer of $10,425 representing an
insurance reimbursement for an undercover narcotics vehicle totaled in the March storm.
The amendments to the Capital Improvement program total a net increase of
$1,291,565. Capital project budget amendments include funding for the Solid Waste
Complex, Recycling Fund projects, and the Pinellas and Pasco gas expansion projects.
Commissioner Fitzgerald requested a synopsis of the Atrium Fund item. Ms.
Deptula indicated the sources for the purchase of the Atrium building were $2,228,465
from the infrastructure tax, $2,941,330 from the General Fund and $1,280,205 from the
Special Development Fund. She stated the first quarter amendment leaves the proceeds
from the sale of the building in the Atrium Fund and it will be recommended at mid year to
return the monies to the donating funds.
The City A~torney reported that funds budgeted for outside council are seriously
short. He has asked all outside counsel to estimate the remaining expenditures for the
fiscal year. In order to cover these expenses, in addition to the already proposed
$232,232 to be added to his budget, he proposes to add $122,016, proposed to be
transferred to the General Fund unappropriated retained earnings, to outside legal
expenditures. This would raise the amount of tile amendment to his budget to $354,248.
Ms. Wilson indicated while this did not cover the total projected costs, this would be
reviewed again at mid year.
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, Commissioner Thomas moved to amend the proposed first quarter budget
amendmen'ts to include adding the $122,016 of excess revenues to the proposed
$232,232 increase in the City Attorney's outside legal council budget for a total of
$354,248 to be added to that expenditure code. The motion, was duly seconded and
,carried unanimously.
a) First'ReadinQ Ord. #5552-94 - operating
The City Attorney presented Ordinance #5552-94 for first reading and read it by
title only. '
Commissioner Berfield moved to amend Ordinance #5552-94 by amending the
second whereas clause to change $482,404 to $604,404; to amend Exhibit A undor the
General Fund to delete the transfer to surplus of $122,016 and change that to zero; and to
change the total difference column to $604,420; to amend under General Fund
expenditures in Exhibit A, the Legal Department to increase the difference between the
original budget and the first quarter amendment to $354,248 and to make the ,
accompanying changes in the remaining two columns and to change the total difference
for all funds to $7,463,748. The motion was duly seconded and carried unanimously.
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Commissioner :rhomas moved to pass Ordinance 1/5552-94 on first reading as
amended. The motion was duly seconded and upon roll call, the vote was: '
"Ayesll: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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b) First ReadinQ Ord. #5553-94 - C1P
The City Attorney presented Ordinance 115553-94 for first reading and read it by
, title only. Commissioner Fitzgerald moved to pass Ordinance #5553-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
11 Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1133 - No item.
ITEM #34 - No item.
ITEM //35 - Direction re request for LOCA to provide small scale outdoor displays on a
permanent basis as part of grocery store operation and request for LOCA to provide beauty
parlor service~ in the OL zoning district (CP)
Two members of the public have requested amendments to the City's Land
Development Code. One citizen, a local grocer, needs assistance in providing small scale
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outdoor displays on a permanent basis as part of his grocery store operation. ' Another
citizen would like to provide beauty parlor services in the bL zoning district.
These amendments were originally assigned to the Economic Development
Department but have recently been transferred to the Central Permitting Department to'
expedite action.
Staff feels the outdoor display ordinance is a priority issue, given recent concerns
about outdoor displays throughout the City. Some provisions for these displays must ,be
made in order to promote an appropriate level of customer service to City businesses.
However, such displays must be carefully controlled in terms of appearance, pedestrian
safety and overall site design issues in order to maintain the aesthetic characteristic and
,technical functioning of the properties on which, these displays are located.
, Regarding the request for beauty salons/barber shops in the OL zoning district, it
seems to staff that there are some areas which are suitable for this use and others which
are not. Consequently, if the Commission desires pursuit of this request, staff would
suggest the use be limited through the conditional use process.
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Mr. Shuford reviewed the requested changefi.
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Commissioner Thomas pointed out that during the strategic planning sessions, one
of the number one issues was to improve the business climate. Mayor Garvey expressed
concerns that outdoor displays 'yvere not necessarily good for the City." ,Commissioner
Thomas felt they should be looked at on a case by case basis. Commissioner Deegan
questioned if staff was indicating they felt there needed to be some provisions for outdoor
displays. Mr. Shuford indicated they did but the amendment would need to be careful in
regard to controls of the displays. He stated staff is looking for direction regarding
whether or not the Commission wishes this amendment to be pursued and what priority to
give it.
Commissioner Deegan suggested it be pursued in a way that will help the business
community but not'to the detriment of the rest of the City. Commissioner Thomas ag'reed
that staff should come back with recommendations. Mayor Garvey expressed concerns
regarding the work load of staff and this being a priority. It was indicated it was not the
intention that this move ah~ad of all others but it be fit in to staff's work plan.
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Commissioner Berfield questioned the item on the beauty salon and barber shops in
the OL zones and questioned what was meant by the amendment could be easily
prepared. Mr. Shuford indicated that the ordinance making the amendment would be easy
to prepare as it was not a complicated amendment.
Mayor Garvey expressed concern that there was a reason these were not included
in this zone and it would take time and effort to research that and bring back
. recommendations to the Commission. Mr. Shuford indicated this was correct but he was
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merely indicating the actual amendment would not be difficult to prepare but the debate
regarding whether or not it was the right thing to do would take longer. He stated his
direction was to make the code more user friendly.
Commissioner Deegan stated he felt staff was doing an excellent job in showing the
, pros and cons of issues and that staff is merely asking if the Commission wants them to
bring forward this item with the pros and cons.
There was general agreement this should be pursued and this too, is to be fit into
the appropriate place in s~aWs work plan.
, ' Commissioner Thomas commended staff for making efforts to make the code more
user friendly and to assist the business community.
ITEM #36 - Other PendinQ Matters
a) Economic Development Plan (Selhorst)
Mr. Tom Selhorst has proposed an innovative demonstration program to enhance
business development and job creation in the newly formed Commerciallnfill area. This
area is generally bounded by'N. Myrtle Avenue on the east, N. Ft. Harrison,Avenue on the
west, and Cedar Street on the south.
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Mr. Selhorst hopes to develop a supportive relationship between various levels of
government and to provide several incentives. He anticipates the development of 100
new businesses during a limited 90 day period as measured by occupational permits
issued.
The proposal has several components as follows: 1) increase police visibility by
requiring the police to visit each business in the area three times daily; 2) install brighter
street lighting; 31 prohibit undesirable businesses; 4) enforce city's ordinances regarding
lot clearing and grass cutting; 5) demolish boarded up and dilapidated buildings in the area,
through enforced demolition; 6) improve landscaping along Myrtle Street and N. Ft.
Harrison Street; 7) require 1 % of the building's cost to be used for on site art or unique
architecture; 8) waive all city development building impact and other fees; 9) allow grand
opening signs for new businesses for 90 days rather than 30; 10) develop low interest
loans or grants for new businesses or expansion of existing businesses; and 11) create a
,neighborhood chamber of commerce eligible to receive federal grants or encourage the
City's Chamber of Commerce to locate in the area.
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Staff has reviewed the proposal and while they feel the proposal has merit and
should be implemented, they propose the following refinements: 1) have public
involvement, possibly through a steering committee comprised of area organizations,
merchants and residents; 2) the area in which to implement the plan is too small. They
recommend part of the North Greenwood neighborhood be added; 3) a later starting date
is recommended in order to give time for adoption of necessary ordinances and
resolutions; 4) the length of the 'program should be extended to 6 months, instead of 90
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'days; 5) there is concern the proposed incentives may not be enough and it was
recommended the proposed steering committee look into this; 6) the waiver of fees needs
to be examined to determine those that can be waived and those that require ordinances
or resolutions in order to waive them; 7) it was felt his goal of 100 businesses was too
ambitious and it was suggested the range be between 20 and 40; 8) use the recently
completed community consensus project to provide a basis for immediate implementation
of some of the proposals; and 9} in order to foster small business growth, to amend'
regulations to encourage home businesses.
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Mr. Selhorst reviewed his proposal. He elaborated on his idea of an area chamber
of commerce stating he was requesting $100,000 be given to that chamber and that
$1,000 would be given to each business that opens. He agreed with staff that the' area
was too small and stated he was more interested in improving the Greenwood area. He
stated he had proposed the 90 day time frame in order for everything to be done at one
time and he felt 6 months would drag it out too long; ,
He felt 100 businesses was a good goal. He disagreed regarding staff's
recommendation'on home businesses. He reviewed the existing establishments on the
North Greenwood Corridor and stated he was recommending remodeling or tearing down'
many of the buildings, including the Greenwood Apartmel1ts. He recommended.such
things as removing the police substation and moving the Main Library to North
Greenwood. He stated one of the major obstacles to new businesses are the fees that
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He stated he is aware of four doctors that wish to locate in the North Gre,enwood
area and that moving the library to that area would provide an anchor tenant the doctors
could locate next to. He stated his main effort is to make business more profitable than
drugs. He recommended the Chamber of Commerce give memberships to new businesses
opening in this area and that members agree to be mentors to the new businesspe'rsons in
the North Greenwood area. '
Alan Ferri, Community Development Director, stAted the plan has merit. He stated
it was important to get input from the rest of the neighborhood. He reported there will be
7 items on which the Commission will need to take action.
Mayor Garvey questioned if staff's first recommendation was to talk to the
neighborhood groups. Mr. Ferri indicated this is paramount to the success of the program.
Commissioner Berfield questioned whether or not the beautification issues had been
addressed. Mr. Ferri indicated plans were already being developed to address these
issues.
Commissioner Berfield expressed concerns regarding the recommendation to
remove the sub station. She questioned whether Mr. Selhorst had consulted the '
neighborhood regarding this, as the neighborhood has been requesting additional hours for
the sub station. Mr. Selhorst indicated if the program is going well, there will be an
increased police presence, just not the police sub station.
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Commissioner Thomas stated he liked staff's recommendations but was not sure
that the territory should be increased. He stated the community does have to be involved.
He commended Mr. S~lhorst for bringing the plan forward. He felt that 6 months was
necessary in order to promote the program properly.
Mayor qarvey stated she would suggest before a new steering committee is
formed, that the existing organizations be involved. Commissioner Thomas suggested Mr.
Selhorst bring forward the people from the community.
Commissioner Deegan questioned if there had been any response to the City's
facade improvement program. Mr. Ferri indicated 7 businesses have indicated an interest
in the program.
Commissioner Deegan stated he was excited regarding the ideas and felt it would
help the whole area. He questioned how Mr. Selhorst came up with the figure of 1 00
businesses. Mr. Selh<;)fst indicated he felt he could get 10 busiJ1Bsses on his property
ellone, but he did not want this to be his plan.
Commissioner Deegan questioned from where the business people would come and
if Mr. Selhorst had any prospects. Mr. Selhorst indicated he did have prospects.
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, Commissioner Deegan stated he did not feel it would be appropriate to approve
setting $100,000 aside until a study was done regarding from where the businesses
would come and if there were actually prospects who were willing to participate in 'the
program. He' disagreed with the City moving its property around.
Commissioner Thomas agreed that the City would not move the Library from the'
downtown location. He stated they were not going to re~engineer the whole City for an
experimental program. He agreed with Commissioner Deegan regarding additional'
information being needed prior to. setting aside $100,000.
Mr. Selhorst questioned how much the Commission would want to spend on the
program. Commissioner Deegan stated it was not a matter of how mudl they wanted to
spend, but a question of from where the people would come. He stated if Mr. Selhorst
can return to the Commission with a reasonable number of prospects willing to participate
in the plan, he would be more amenable to moving forward.
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It was the consensus of the Commission that Mr. Selhorst return to the
Commission meeting of April 7, 1994 to inform the Commission regarding prospects for
participants in the program.
Commissioner Deegan emphasized the prospects would need to meet criteria:
The meeting recessed from 10:35 p.m. to 10:43 p.m.
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b} Stein Mart, Inc. Le~se -, Maas Brothers Building
Key elements of the proposed lease with Stein Mart, Inc. are: 1) by May 15, 1994,
the City is to deliver the premises ready for the lessee to begin lessee's work. By August
1, 1994 or a date to be agreed upon, the City will have to complete repairs and
renovations; 2) term of the lease is 10 years with a five year option; 3) minimum rent
during the primary term or the extension period is $15'0,000 per year or $12,500 per
month; 4) Lessee shall pay all real estate taxes levied or assessed against the premises; 5)
Lessee shall arrange for the completion of interior improvements in the premises. This
work is subject to reimbursement. The Lessee shall be entitled to a rent credit for 1/2 of
the work, subject to a maximum total cost of $450,000 and a maximum rent credit of
$225,000. The lessee shall be entitled to recover a total of 1/2 of the cost of the interior
work as a credit against minimum rent payments, to be taken monthly for the first 36
months of the primary term in installments equal to 1/36th of the'total credit; and 6) the
existing parking meters in this area will be removed by the City or "hooded" so as to
provide free parking at all times to Lessee's customers throughout the entire primary term
and extension of the lease.
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Peter Gozza, Community Redevelopment Agency Executive Director, provided
information regarding Stein Mart. He stated the funds to be expended in order to renovate
Ma8S Brothers that are directly related to the Stein Mart occupancy is $533,610. The
renovation cost for the entire building is: currently estimated at $1,776,400. A $402,000
expenditure to upgrade the parking deck requested by Stein Mart has been withdrawn.
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He stated it has been requested the City pay half of tenant improvements not to
exceed $255,000 resulting in a total of $758,610 for the Stein Mart portion of the,
renovation. He stated this would result in a 6.6 year break even point for the City.
He stated to date, the City has $2,077,000 invested in the property. He reviewed
the economic impact analysis ,stating that Stein Mart will employ 80 individuals, 40 full
time and 40 part time. He stated 30 indirect employees will be needed in the region to
support the operations and associated spending from the new facility and its employees.
The direct payroll from the new operation is estimated at $600,000. An additio!":,al
$600,000 will be generated in regional payrolls to provide goods and services for the
facility and its personnel. Sales at the store are expected to reach $4.8 million within 3
years. Other area businesses can be expected to indirectly receive an additional $1.8
million in increased sales due to direct purchases of goods and services by this store and
indirect purchases made by employees and suppliers.
The City Attorney indicated the draft of the lease was reviewed on Friday of last
week. The City's proposal was sent to Stein Mart and they have responded. Said
response is attached as Exhibit C to these minutes. The City Attorney reviewed the
proposed changes as submitted by Stein Mart.
Regarding Stein Mart's comment on Section 7a, regarding the common area
'maintenance (cam), Commissioner Deegan asked what areas would be included. Mr.
Gozza stated ,parking lots, elevators, landscaping, etc. The City Attorney'indicated this
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section would be expanded in the final draft. Commissioner Thomas commented it is
highly unusual to give a tenant a choice regarding cam.
Regarding their comments on Be, regarding the taxes and their request for a
$25,000 per year cap, Mr. Gozza indicated they were questioning whether or no't the
, $20,000 for the cam and the funds for taxes could be placed in a pool.
Regarding their ability in 13b to request a variance for a sign, Commissioner
Thomas questioned what provisions would be made for tenants on the other floors. Mr.
Shuford stated other tenants would be able to have Signs. ,
Regarding Section 34 and Stein Mart's concerns regarding additional occupants, it
was indicated they would like to see retail in the entire building. The City Attorney
indicated their concern was that other uses may be incompatible. Stein Mart thought a
community room could ,be a problem.
Mayor Garvey questioned the parking. Mr. Galla indicated they were asking for
non-exclusive rights to the 720 spaces located between the building and the Library. This
included the number of spaces on the deck.
Regarding Section 35 on relocation, the City Attorney indicated they were not
pleased with relocation not being at their sole discretion.
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Commissioner Deegan questioned the shortest term of the lease. It was indicated it
was ten years. He questioned if the five year extension was at the City's option. The
City Attorney indicated it was Stein Mart's option. '
Section 36, recapture, the City Attorney indicated this is required by the Charter
and Stein Mart did not care for staff's proposed language. They have come up with their
own formula for reimbursement of damages should they be forced to leave the property.
Regarding exhibit C, the work schedule, Mr. Gozza indicated city staff felt the
schedule was too loose and added language. He indicated Stein Mart would prefer to see
this prior to signing the lease. '
Commissioner Fitzgerald stated that generally, the idea of leasing the building has
merit, however, he had problems regarding the cost of the City to renovate the building.
He was particularly concerned about Stein Mart's ability to terminate the lease in the third
year if their gross sales do not meet their kick out threshold while the City is making a
commitment of 10 to 15 years. Mr. Gozza pointed out they will spend $255,000 to make
improvements to the building.
Commissioner Fitzgerald felt this was the cost of doing business. He was also
concerned regarding the 1 5 year time frame and what impact that w,?uld have on future
development of the entire bluff. He felt redevelopment of the entire bluff was an issue the
Commission needed to address.
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Mr. Gozza pointed out Stein Mart is usually generating $6 million in sales in three
years. He stated this would be their largest store and the first in a downtown location.
He stated he looked at the Stein Mart store as an anchor for'downtown development.
Commissioner Fitzgerald again questioned whether or not the Commission wished
to tie up the, bluff for the period of time of the lease. He felt the way the lease was
worded, Stein Mart had assured themselves of space in any redevelopment in that area
and were paying $225,000 for that privilege. Mr. Gozza felt it would be at least 10 years
before anything was done on the entire bluff.
Commissioner Fitzgerald stated he was not saying that it was an impossible deal,
however, he felt the City needed to protect i~self.
Commissioner Deegan stated he felt the City had been waiting for something like
this for some time and the Commission needed to make it happen. He said the Dunn and
Bradstreet on Stein Mart is outstanding. He felt Stein Mart would bring tourists and
residents to the downtown area as this was a class A department stoTe. He felt they
carried high quality merchandise, slightly off price.
He questioned how an investment in Stein Mart would compare with leaving the
funds in an account. Mr. Gozza indicated the financial people indicated the return on the
investment looked good. Mr. Gozza emphasized that the Commission should not just look
at this project, as a number of retailers will make a decision to locate in downtown based
on the due diligence of Stein Mart.
Commissioner Deegan questioned if Lee Arnold had experience in dealing with this
company. Mr. Gozza indicated he has and Mr. Arnold has indicated he has put Stein Mart
, stores in some of the finest shopping centers.
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Mayor Garvey stated she shared some of Commissioner Fitzgerald's reservations
but felt if the Commission wanted to' do something, they needed to be somewhat
amenable. '
Jay Keyes spoke in opposition to the lease stating the rent was too low.
, Joyce Baskin spoke in favor of the lease stating that downtown has struggled to
find an anchor. She felt that Mr. Gozza had done a good job in bringing Stein Mart to the
table. She started it is not an outlet and is a terrific store. She stated this will bring in
other retailers and the bluff will be developed.
Bob Bickerstaffe stated he still wanted a multi-purpose civic center with an
entertainment complex on top of the building. He felt the downtown Clearwater area
needed something to replace the old auditorium. He indicated he would like to see harder
bargaining regarding the lease and he preferred something more beneficial than a
department store.
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Jennifer Sample stated she had personal experience with Stein Mart in Texas and
they were.a prestigious store and will attract other high quality stores to downtown.
Commissioner Fitzgerald stated there were still some points that needed to be
ironed out. He indicated he was not opposed to leasing the property to Stein Mart but did
not want to find the Commission with their hands tied at some point in the future.
Mayor Garvey questioned the $20,000 common area maintenance and $25,000
cap on taxes. Commissioner Deegan stated Stein Mart was proposing the funds be placed
in a pool and they could be shifted one from the other but there would be a cap of
$45,000.
Mr. Gozza indicated Stein Mart had not realized they would have to pay taxes and it
was not something they had considered in their planning. He stated this was an attempt
to attract a national tenant that would produce a lot of spin.
Commissioner Deegan questioned the added income if Stein Mart hits $6 million in
sales. Mr. Gozza stated he believed that would be an additional $ 3 7,000 per year.
Commissioner Thomas questioned the amount of tax revenue to be generated. Mr.
Gozza indicated the County had updated their figures. Commissioner Thomas expressed'
concerns regarding the wide variance between the original and the revised figure.
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Commissioner Thomas stated he did not care for the lease the way it was
structured as it was too easy for Stein Mart and the City was having to put in too much.
He stated he would be willing to go forward with the lease jf the rest of the Commission
were willing to commit regarding what they would do with the rest of the building. He felt
it would take $5 million to renovate the building.
Commissioner Deegan requested the Interim City Manager's opinion. Ms. Deptula
indicated she supported what has been done. She stated staff can meet the time frames
imposed for the renovations and the estimates included a 10,000 square foot community
room. There are concerns regarding egress from an assembly use. She further' reported
that Dean Row~ and Stuart Donnell had been taken through the building, however, they
have not been able to provide their report regarding the building.
, , Bill Baker, Acting Assistant City Manager, indicated if the property remains primarily
retail, a full rehabilitation of the building would not be necessary. He stated in order to
meet Stein Mart's time frame, renovations will have to be on a fast track.
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Commissioner Thomas stated a problem with finding tenants for the other two
floors will be that they will not want to pay more than Stein Mart. He expressed concerns
regarding access to the top floor once Stein Mart is occupying the middle floor. Mr. Baker
indicated this would be done in stages.
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Commissioner Thomas indicated he would like to see the bottom floor as a trade
show and the third floor as a conference center with a restaurant. He again stated he
wanted a commitment from the Commissio'n regarding th~ total building.
Commissioner Deegan indicated he believed they have been saying all along that
the building would be filled on a first come, first served basis. He stated because Stein
Mart came forward first, they were given more of a deal than late corners will be.
Commissioner Thomas expressed his opinion that it would be impossible to get a
tenant for the third floor.
Commissioner Deegan stated he would make a commitment that he wants to use
the entire building.
Commissioner Thomas stated he was afraid the City will spend the $1.2 million to
renovate the structure and then be pi aced in a corner.
Commissioner Thomas reviewed his difficulties with the lease, in particular the'
ability for Stein Mart to terminate the lease early and setting a fixed amount for the
common area maintenance fee. He stated they yvil! have to pay the taxes. He did not feel
that any sub-letting should be allowed. He wanted to remove the portion 'of the lease
regarding relocating Stein Mart if the bluff is redeveloped.
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He stated Stein Mart should be responsible for returning the building in the same
condition in which they found it. He expressed concern regarding them' paying enough of
the insurance liability. He objected to the City giving up control of the building by allowing
Stein Mart to have approval rights of additional occupants of the building.
Commissioner Deegan agreed the provisions regarding relocation should be removed
from the lease.' He stated he did not feel the City was turning over control of the building
to Stein Mart.
Commissioner Thomas again stated he wanted a commitment for the entire '
building.
Commissioner Fitzgerald indicated that while he wanted to make a commitment
regarding the entire building, it may not be for the same purposes Commissioner Thomas
desires. He questioned when the Hammer, Siler, George study regarding the feasibility of'
a convention center was to be completed. Ms. Deptula indicated it was due by the end of
March.
Commissioner Deegan indicated the whole building will be made ready for
occupancy and it is known that the roof and the facade need to be fixed. He agreed Stein
Mart should accept their fair share of the fire insura'nce.
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lVIr. Gozza pointed out this was investigated when the STEPPS building was leased.
It was indicated the Lessor covers the 'building's insurance; the Lessees, the contents.
This is the same as is in the Stein Mart lease.
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Commissioner Thomas stated he ~mly wanted to provide a ten year lease and did
not want to tie up the bluff for fifteen years.
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Commissionm Deegan stated admittedly ,Stein Mart is getting a deal but they were
, the first ones to come to the table.
Commissioner Deegan moved to approve a lease with Stein Mart, Inc. and to
authorize the 'funding for the renovations to the building which includes the items listed in
Exhibit C and to delete Section 35 regarding relocation. The motion was duly seconded.
Commissioner Fitzgerald expressed concerns regarding being asked to approve a
lease when all the provisions are not known. He felt if Stein Mart had a mechanism for
early termination the City should have one as well. He stated he did not want the City's
hands to be tied if development of the entire bluff should come forward. '
Commissioner Thomas felt the citizens would be better served to tear down the
building and at a later date develop the entire bluff. He felt the heart was being taken out
of the building and it was being given away for fifteen years.
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Commissioner Deegan stated he felt this would be an anchor and others will, follow
quickly.
Commissioner Berfield pointed out that the insurance company contemplating
, purchase of the East End property has indicated that the Commission's decisions and
actions regarding downtown development will weigh heavily in their decision making. She
stated she could not indicate tonight what she wanted for.the first and third floors.
Commissioner Thomas stated he will support the lease but will hold the
Commission's "feet to the fire" to finish the building.
The City Attorney questioned if the motion included making the changes requested
in the Stein Mart response. It was indicated it did.
Bill Baker indicated staff will need permission to hire Rowe Architects, etc. to
prepare plans and specifications. Commissioner Deegan stated that was understood in the
motion. '
Commissioner Thomas expressed concerns regarding the common area
maintenance fee. He stated this should be a yearly amount and should not be capped at
the actual expenses as the pllTpOSe of a cam is to accrue over time to take care of major,
maintenance costs in the future.
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Commissioner Deegan moved to continue the Commission meeting of March 3,
1994, beyond midnight. The motion was duly seconded and carried unanimously.
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Commissioner Fitzgerald questioned the removal of the parking meters. Mr. Gozza
indicated it would be all the meters between the building and the Library. Ms. Deptula
indicated that a request will come forward that the Community Redevelopment Agency
(CRA) pay the parking fees due to the bond covenants requiring there be no free parking.
Commissioner Thomas pointed out there could not be a cap on the taxes. Mr.
Gozza indicated the current proposal Is the funds for the taxes and cam be combined. The
taxes would be paid from this pool. The City Attorney indicated the Commission would
see the lease again before it is finalized and signed.
Upon the vote being taken to approve the lease; Commissioners Berfield, Deegan,
Thomas'and Mayor Garvey voted "Aye", Commissioner Fitzgerald voted "Nay". Motion
carried.
Ms. Deptula pointed out the need to identify a funding source and recommended
the infrastructure tax be used for this purpose.
Commissioner Deegan moved to appropriate the funds for renovations to, what will
now be called the Bayfront Mart, to come from the Penny for Pinellas infrastructure tax
fund. The modon was duly seconded and carried unanimously.
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c) Res. #94-24 - extending the review p~riod for FCC rate regulation (basic rates and
equipment costs charged by Vision Cable of Pinellas, fnc.)(AS)
On November 8, 1993, the City adopted Ordinance #5491 ~93 to provide for the
regulation of the basic service tier of cable television rates and related equipment,
installation and service charges of any cable television system operating in the City. On
November 10, 1993, Vision Cable of PinelJas, Inc. was notified of this action and was
requested to submit to the City, within 30 days, FCC Form 393 justifying Vision Cable's
current rates. Vision Cable submitted this information to the City on November 12. The
City then had 30 days to review this information and decide whether or not to approve the
rates. On December 10, 1993, the City notified Vision Cable that it was extending this
review period for 90 days as allowed by FCC rules and regulations, and on the advice of
the City's cable television consultants, Rice, Williams Associates. On February 22, 1994,'
the FCC voted to adopt new and additional rules regarding the regulation of cable
television and notified cities and counties that these rules were expected to be released
within the next month.
Therefore, this resolution has been prepared to notify Vision Cabfe that th~ City is
extending this review period as allowed by the FCC.
These FCC revisions affect the City's regulation of the basic tier and the City needs
time to review the FCC materials and to request and review any additional needed
information from Vision Cable.
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This resolution also directs Vision Cable, should they institute any rate increase, to
keep an accurate account of all amounts received by reason of the rate in issue and on
wllose behalf such amounts are paid. '
,The City Attorney presented Resolution #94-24 and read it by title Olily.
Commissioner Deegan moved to pass and adopt Resolution #94-24 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": Nono.
d) Planning & Zoning Board - 1 appointment cont. from 2/28/94 (eLK)
Commissioner Thomas moved to appoint Frank Kunnen. The motion was duly
seconded. Upon the vote being taken; Commissioners Thomas and Deegan voted "Aye",
Commissioner Berfield and Fitzgerald and Mayor Garvey voted "Nay". Motion failed.
Commis'sioner Berfield moved to appoint Brenda Harris Nixon. The motion was duly
seconded. Upon the vote being taken; Commissioners Berfield, Fitzgerald, Deegan and
Mayor Garvey voted "Aye", Commissioner Thomas vote~ "Nay". Motion carried.
CITY ATTORNEY REPORTS
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ITEM #37 - Other Citv Attornev Items - None.
ITEM #38 - CiN Manaaer Verbal Reoorts
The Interim City Manager requested three meetings be set. One, a four hour
strategic planning meeting and the other two, sign variance meetings.
Consensus was to schedule the strategic planning meeting for March 23, 1994
from 9:30 a.m. to 1 :30 p.m. and sign variance meetings for April 19 and April 27
beginning at 9:00 a.m.
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The Interim City Manager indicated there is a concern that without a commitment
from the Commission, planning is not able to 'begin for the Summer Youth Employment
Program. Commissioner Deegan stated he would want to see the goals and objectives
prior to providing any commitment. Commissioner Fitzgerald and Mayor Garvey stated
they would support the intent.
Commissioner Deegan questioned why a commitment had to be made specifically
to the Pinellas Private Industry Council. Kathy Rice, Deputy City Manager indicated that It
dove tails with what they already do.' Commissioner Deegan questioned if this was bid
and Ms. Rice indicated it was considered sole source.
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Commissioner Berfield questioned what would be nccompllshed by a letter of '
commitment tonight. Ms. Deptula indicated that Mr. Rutledge wants to begin hiring the
counselors and get the process under way.
There was concern regarding beginning the program and then the goals and
objectives not being acceptable. It was stated that any costs incurred would have to be
paid.
Consensus of the Commission was not to make a commitment at this time.
At the meeting of February 17, 1994, the City Clerk had brought forward the
Clearwater Neighborhood Housing Services' (CNHS) request for forgiveness of liens on a
piece of property they obtained from the County. At that time, the Commission had
requested information on how much profit CNHS would realize from the sale of this
property. Information has been provided and CNHS will actually have a deficit of
$7,664.20 on this property as they have had to foreclose on it previously after having
constructed a house on it.
Commissioner Deegan moved to forgive the liens. The motion was duly seconded
and carried unanimously.
ITEM #39 - Commission Discussion Items
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a) (Cont. from 2/28/94) Rule change proposed by Commissioner Deegan re Notice of
Mayor's absence
Commissioner Deegan has made a request there be a Commission Rule that would
require the Mayor to notify the Vice-Mayor whenever the Mayor is out of town. Mayor
Garvey has responded indicating she did not feel this was appropriate in that. it would be a
violation of the Sunshine Law in order for her to notify the Vice~Mayor.
Commissioner Fitzgerald indicated that in his two terms as Vice-Mayor, it had never
been a problem.
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Commissioner Thomas did not agree it would be a violation of Sunshine Law just to
call to indicate that the Mayor would be out of town. The Mayor indicated she had been
advised this would be the case. Commissioner Thomas felt it was just common courtesy
to notify the Vice-Mayor.
Commissioner Deegan stated he asked for the rule because he felt it was
appropriate the Vice-Mayor be notified when they would be expected to stand in for the
Mayor. He stated the Mayor's response regarding the type of government and the fact
that the Vice-Mayor would not be needed for emergency management was known to him.
His concern was the Vice-Mayor can not act as a stand in if they do not known they need
to be a stand in.
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ITEM #40 - Other Commission Action
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Commissioner Thomas moved to establish a rule that the Mayor would notify the
Vice~Mayor when the Mayor would be out of town. The motion was duly seconded.
Upon the vote being taken; Commissioners Berfield, Deegan and Thomas voted "Ayell,
Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried.
Commissioner Berfield requested clarification on the Mayor's letter regarding
information being requested regarding Glen Oaks Golf Course. Mayor Garvey pointed out
she thought the Commission's request had been for information regarding the golf course;
not the Chi Chi Rodriguez Youth Foundation and questions Commissioner Thomas has
raised are more than the Commission had requested.
Commissioner Deegan questioned when the report from the Golf Foundation would
be due and Ms. Deptula indicated it was due by the 14th of March.
Commissioner Thomas stated he felt his questions were valid. Commissioner
Deegan suggested waiting regarding additional questions until the reports ara received and
at that time; Commissioner Thomas could see if he had enough information.
Commissioner Thomas indicated he expected his questions to be answered.
Commissioner Berfield questioned if anyone was responding to a letter from the
Beach Views regarding the possibility of a study of a convention center on the beach. It
was stated it had been reported the Chamber would be making a request of the
{, , Commission but such a request has not been received. Commissioner BerfieJd suggested
\iv: that be the response to the Beach Views.
Commissioner Deegan expressed concerns regarding action being taken on a bill in
the state legislature regarding disability and AIDS. He questioned if the Commission
needed to take any action regarding notifying the legislature of the City's opposition to the
bill. The City Attorney indicated Jim Massie, the City's lobbyist is aware of the bill
, although he has not talked to him. A question was raised regarding whether a letter
should be sent. The City Attorney indicated Mr. Massie should be meeting with the
legislators face to face. There was a question regarding how fast the bill would move
from committee to the floor. It was indicated this would depend on how the bill Is being
pushed through the legislature. Ms. Rice indicated the bill had been there for a number of
years but had never passed from committee and it was important the City stress our
position. It was the consensus to let Mr. Massie know of the Commission's concern and
to ask him to meet with the legislators.
Commissioner Fitzgerald asked for an update regarding the Jolly Trolley.
Commissioner Berfield indicated that she and Ms. Deptula had gone through the Trolley's
'books and had found their records to be in very good shape. She stated there have been
some upheavals' regarding the representatives from the different civic organizations. She
stated she has asked to have agendaed for a Trolley Board meeting, the question regarding
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minCC03a.94
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34
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the Trolley having public service advertising regarding anti-littering. She stated the trolleys
are running and there have been no break downs. The maintenance is good and the
revenues are very good as well as the record keeping.
Commissioner Deegan questioned if it was true what hed been reported in the
newspapers regarding the increases in,salaries for the bus drivers. Commissioner Berfield
indicated there had been a salary increase and health insurance benefits provided. She
stated according to the figures she reviewed today, this will not increase the cost of the
trolley and in fact, funds will be returned to the City.
Commissioner Fitzgerald questioned what was going on with the board and whether
or not the organizations were being influenced to replace their board members.
Commissioner Berfield stated she was not involved in that and could not respond. She
stated the Clearwater Beach Association and Sand Key Civic Association representatives
have been changed.
A question was raised regarding whether or not the Jolly Trolley Board could
replace members. Commissioner Berfield indicated members are appointed to a term but
each organization can remove their appointee.
Mayor Garvey questioned whether or not the Commission could recommend leaving
the members on for a certain amount of time. Commissioner Berfield indicated this could
be suggested. She stated there is always room for improvement.,
"" Commissioner Deegan expressed concerns regarding Assistant City Attorney Hull's
~\~^ ' opinion that the Trolley Board is subject to the Sunshine Laws. Commissioner Berfield
indicated that to be safe, the Board had decided to stay under the Sunshine.
Commissioner Fitzgerald expressed concerns regarding not knowing the situation
because of conflicting information. He stated he is hearing the routes have been extended
beyond the tourist area. He indicated he supported the subsidy as long as it was for the
tourists.
Commissioner Berfield indicated the Pinellas Suncoast Transit Authority (PST Al had
approved the route. Commissioner Deegan questioned whether or not the Commission
had seen'it. Commissioner Serfield indicated the only extension she was aware of was on
Sand Key, beyond the Radisson Hotel.
CommIssioner Berfield reported that Interim City Manager Deptula would write up a
report regarding the review of the Jolley Trolley corporation's records.
Commissioner Thomas requested the City follow the standnrd business practice of
having initials of the author and typist of letters at the bottom of letters. Commissioner
Deegan indica,ted he felt this would apply to formal business letters, not interdepartmental
memorandums.
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3/3/94 ,
35
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Mayor Garvey questioned whether or not the Commission wanted to notify the
legislature of their opposition to any bills that would take away the City's right to regulate,
signs. It was indicated the Commission has expressed their displeasure regarding this in
the past.
,Mayor Garvey noted that 1 994 would be the 35th anniversary of the Sister City
relationship with Nagano Japan. She listed the activities planned for the year.
Commissioner Thomas questioned if, the $40,000 for the cost of the Patrick Media
litigation would conclude the case. The City Attorney indicated the $40,000 was the
estimate of the cost for the remainder of this fiscal year and he would see if the case
should be concluded within this fiscal year.
ITEM #41 - Adjournment
The meeting adjourned at 1 :55 a.m. (3/4/94)
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minCC03a.94
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36
1) The applicant shall obtain an occupational license within two months of this public hearing.
2) The applicant shall obtain a variance to the parking regulations, or otherwise meet City parking
req uirements.
3) Approval shall be for consumption on premises on the ship only, and sale and distribution of
alcoholic beverag'es shall not occur until after the ship leaves the dock.
4) The applicant shan obtain an alcoholic beverage separation distance variance from the City
Commission.
;~1:i}Jt:~Jl[!i:~;?p:p1t9.~h~:~f!#! m?9'fup.J~i,~:;?J~iiif9P.9:~',~:~f~i~e.jYY,9'f.k?~,~qqr~i~:,~'::Wi~h;~h~r-p~?1~.r691~p,~:I'J.Y::~V~'9"c~'9~e'r
mWm':9,94i/thef?cbhsth:fcti6iib,6the\Wall~fsc'reehirig\thEr;northehimost'aiid~southefnmbst'iesidential'
Pf.Qp~:~f~g\~H:~!:(~~I?9~:o,rbpli~,b:~a=~b:y~,~'#fF'6::~J:f::::f9$'4(~"":"':'^'::'":':'''''.''''' "",'"',,_::,,';N',..",',',:,~:,,,;..,'k,'..:',,.w.,:,.w".,~:'....,','..,'<",.,,',',,',::..:",w
6) Tfi e're"'shaH'''b i3""i;j'" 'six' Hm6n'ih"trral,.wphe(j()'(f"frdirf~:the':\date::-rof::"the::::'iiriginal :,jjtiprov.aF'lt2/0'i/93l to
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determine if the site design, traffic routing and proposed 'parking lot mamigement techniques are
effective in handling traffic generated by the use; and if the hours of operation, site lighting and
buffering are sufficient to make the use reasonably compatible with surrounding properties.
7) Environmental Management will require stormwater retention, landscaping of the sl1ell parking to
be paved; landscaping of the Osceola Avenue buffer; provision of a spill contingency plan; and
copies of soundings and Army Corp of Engineers correspondence regarding navigation access and
maintenance dredging activities prior to the issuance of a certificate of occupancy.
8) The cruise ship shall be berthed by 12:30 A.M. midnight on Friday and Saturday nights and by
11 :30 P.M. on all other nights, except New Year's Eve and the 4th of July when the ship shall
~;' be berthed by 2:00 A.M.; the facility shall cease all operation within one hour after the day's final
ship berthing.
9) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the
Memorial Causeway bridge.
:to},:{~:@lTREEap.:'i)'ii#E{6#$Ha n::ere'Ci<a:::~rx'::;f6'~fFta'ii.)j'rlcK:9r:::p~ln~~d::an'd'~:-s1i;C'coed.TCbnc'~e'te';block','w'an::ai9119
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The updated conditions of approval are listed below, with the revised language noted.
EXHIBIT ^ l'e 3/3/94
RECOMMENDED CONDITIONS
On February 15, 1994, the Planning and Zoning Soard approved the associated request for a conditional
use permit. The following conditions relate to the Board's approval of this case, and would modify the
~-,. lmission's previous conditions of approval to reflect the revised circumstances. Changes or additions
ill (he previous Commission approval conditions are indicated by highlights.
11) There shall be no outdoor entertainment in the landside facilities, and all u'se of outdoor speakers
on the ship while it is berthed or on landside facilities shall be prohibited after 8:00 P.M.
12) There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.M. and
7:00 A.M.
13) Site lighting shall be directed downwards and away from all adjoining properties.
14) There shall be no storage of boats in the paved parking spaces or travel aisles.
15) The North Osceola Avenue entrance and the eastern entrance from the Seminole boat launching
facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer
or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation
convenience.
16) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of
the cruise ship while in the marina.
1,-' The cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction
l, and engine operations while in the marina shall be kept to the minimum required by navigational
necessity .
PRELIMINARY CONDITIONS:
ExhibIt B
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Signs and fencing/walls are subject to separate review and permitting processes.
The requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisite certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan.
A Unity of Title shall be recorded prior to certification of the site plan.
The minimum TURNING RADIUS for designated drives and fire lanes shall be 42 ft.
A FIRE HYDRANT ASSEMBLY shall be installed not more than 300 ft. from the structure.
If structure requires or has installed an automatic fire sprinkler system, a FIRE DEPARTMENT
CONNECTION shall be installed a minimum of 15 ft. from the structure, adjacent to a paved drive
and within 30 ft. of a fire hydrant assembly.
Prior to certification, the Dumpster Requirement Form must be completed and returned to the City
Sanitation Department.
Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually
screened, and gates must be provided with a minimum 12-foot clear opening to the front for
access by Sanitation trucks.
Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
Prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be
provided to Engineering Site Plan Review.
Prior to certification, the final site plan must be signed and sealed by a Professional
Engineer registered in the State of Florida.
8ackflow prevention devices must be installed by the City with applicable fees being paid by the
owner.
Sidewalks are required adjacent to all street rights-of-way.
Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer.
Dimensions to be shown on the plan to denote measurements for aisles, parking stalls, entrances,
etc.
Applicant shall, on the preliminary and final site plan, show all protected trees by size, species,
and location. '
Priorto certification. all required perimeter landscape buffers shall be delineated by shading and/or
cross-hatching in accordance with the current code requirements. .
Prior to Environmental approval of the final site plan, applicant shall express total paved vehicular
use area calculations and total interior landscape area calculations in square feet and as a
percentage of the overall site in the site plan data block.
Prior to Environmental approval of the final site plan, applicant shall depict by shading or cross-
hatching, all required parking lot interior landscape areas. . . .
Prior to the issuance of a building permit, a Landscape Plan In compliance With the Land
Development Code'requirement shall be submitted for approval by the Environmental Management
Group. . . ..
Prior to the issuance of a building permit, applicant shall acqUire a clearing and grubbing permit
and a tree removal permit (or a no tree verification form) from Environmental Management.
Prior to issuance of a building permit, applicant shall provide to Environmental Management and
Engineering an approved copy of ail necessary local, state and federal permits that may be
required. . . . .
Prior to certification, the site plan must reflect the use of raised curbs or protGctlve timbers where
interior landscaped areas abut pavement. '
The applicant shall contact Parks & Recreation for the require? recreati?n/o~en space land
dedication requirement; this land shall be dedicated to the City pnor to ce,rtlf~c~tl~~,~
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Page 2, sect (h)
Page 4, sect 7(b)
(ii)
Page 6, sect (f)
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Exhibit C
cc 3/3/94
~c ~ .31~17'1
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STEIN MART LEASE RESPONSE
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stein Mart can not except an increase in
the base rent. They feel the percentage of
gross should serve as the increase. If they
are successful we share in the success.
Remove - Al Galbraith will address verbally.
They would prefer that payments be
considered late after the loth of the month
and a 'late charge be assessed after notice
is given. They would only expect to receive
notice twice a year, after that a late'
charge.may be assessed without notice after
10 days.
sect 7(a) They can accept $20,000.00 a year or
pro-rated share of actual expenses. Which
'ever is less.
sect 8(e)
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Page 7, sect B(d)
Page 7, sect 10(a)
Page 8, sect (b)
Page 8, sect 12(b)
Page 9, sect 13(b)
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They can accept taxes to equal $25,000.00
per year or actual pro-rated 'share whichevl:;!r
is less.
Should have been underlined.
Date of August 1, 1994.
Last sentence. They would prefer a limit on
the amount of time staff would have to
review and approve specifications.
Delete language relating to the collection
of rent by the city from Lessee's subtenants
or occupants, but include language
describing the Lessee as the guarantor of the
performance of the covenants of the lease.
They've asked to delete ,the language
referring to advance notice to the city
of a sale of the Lessee.s interests.
They may be request~ng a variance for the
sign facing Clearwater Harbor (if necessary).
sign would be less than their typical 198
square foot sign. '
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,Exhibi t C
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"C~
Page 10, sect 13(d) They questioned the necessity to furnish a
, surety bond protecting against mechanic
liens, but have indicated a willingness to do
so, with costs to be included in the cost of
tenant improvements.
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Page 16, sect 34
stein Mart will furnish their interpretation
of compatible and adverse impact. It may not
be necessary to specify the exact number of
parking spaces.
They cannot,accept changes to this section.
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Page 17, sect 36 First sentence is required by the City
Charter. They are. asking the city to pay
2x's the average annual store profits x the
number of years remaining on the lease,
instead of unamortized capital improvement
costs.
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EXHIBIT'CThey would prefer to agree on ,work
specifications prior to signing lease, and
, 'deleting new sectjon of EXHIB~T C
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