08/04/1994 (2)
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CITY COMMISSION MEETING
August 4, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, August,4, 1994 at 6:02 p.m., with the following members present:
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Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, II
Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
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Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Miles Lance
Victor Chodors
Cynthia E. Goudeau
Mary K. Diana
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Attorney
Assistant Centrai Permitting Directo'r
City Clerk
Assistant City Clerk
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The Mayor called the meeting to order and led the Pledge of Allegiance. The
!nvocation was offered by William C. Baker.
In order to provide continuity for research, the items will be listed in agenda order although
, not necessarily discussed in that order.
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, ITEM #3 - Service A wBrds - None.
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, ITEM #4 - Introductions and A wards - None.
ITEM #5 - Presentations
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'",',' :: a) Charter Review Report
,,;,r,<..,W,:_,: . ' .' . Jerry Figurski, Charter Review Committee (CRe) Chairman, presented and reviewed
.. '. : the CRC's recommendations. He thanked the Commission for the opportunity to serve on
,>;~~:": ',.:: 1 the CRC and congratulated them on the quality of members selected. He touched on key
~j~~>i,;';";, ", "issues discussed by the CRe such as maintaining the current council-manager form of
,;~<~<,;~':, " '.' 'government, keeping citizens informed of what the Commission is doing, term limits, a city
"(:,,,': ':, 'auditor reporting 'directly to the Commission, requiring a super majority vote on certain
}: ~~:: ;,: :: . " ' . Issues, referendum limitation on revenue bonds, etc. He introduced the Charter Review
i~?~'q' "~',.' :' Committee ,members that were in attendance.
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The City Manager suggested having discussion on the recommendations at the
Commission's August 15, 1994 meeting. Public hearings and ordinance readings would
be scheduled for September 1 and September 15, 1994, and would allow time to meet the
deadline for getting the ballot language to the County.
Anne Garris, CRC member, commended Assistant City Clerk Sue Diana and eRC
Chairman Jerry Figurski for putting forth extra effort for the Charter Review Committee.
Commissioner Thomas recommended sending letters of commendation to the
committee.
ITEM #6 - Aooroval of Minutes
Mayor Garvey requested the minutes of July 21, 1994, page 39, paragraph 7, the
words tltourist grouptl be replaced with "Convention & Visitors Bureau".
Commissioner Berfield moved to approve the minutes of the special meeting of
August 1, 1 994, as recorded and submitted in written summation by the City Clerk to
each Comrl"lissioner and the minutes of the regular meeting of July 21, 1994 as amended.
The motion was duly seconded and carried unanimously.
iTEM #7 - Citizens to be heard re items not on the Agenda
JaCQueline Blanao requested assistance in getting reinstated to HUD assistance.
Staff is to follow up.
Ernie Barger expressed concern regarding news reports that reclaimed water may
be; mixed with drinking water. He requested the City continue to press the County to
complete the Pinenas Trail. It was noted various ways to use reclaimed water are being
investigated. '
pUBLIC HEARINGS
Participants in the public hearings were sworn in by the City Clerk.
ITEM #8 - Public HearinQ & First Readina Ord. #5663-94 - Vacating westerly l' of the 10J
drainage & utility easement lying along the easterly side of Lot 13, Blk D, Shady Oak
, Farms Sub. (Allorto/Ware & Mayes, V94-07HCP)
. Mr. Ware and Ms. Mayes purchased a house from a Mrs. Allorto and the survey
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shows the pool enclosure encroaching approximately 0.5 foot into a 10 foot drainage and
utility, easement. The City has no existing utilities within this easement.
This'request has been reviewed by the various city departments and divisions
concerned and there are no objections. Florida Power, General Telephone and Vision Cable
reviewed the request and have no objections.
, minCCOBb.94
8/4/94
2
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Central Permitting has instituted improved permitting and inspection procedures to
help prevent future construction encroachments into easements.
Laura Lynn Allorto, previous owner, stated when she contracted for the pool, she
requested it not be put in the easement. A current survey showed the pool encroaching
into the easement. In response to a question, Ms. Allorto said the pool was constructed in
1991.
Commissioner Thomas moved to approve the vacation of the westerly 1.0 foot of
the 10 foot drainage and utility easement lying along the easterly line of Lot 13, Block 0,
Shady Oak Farms Subdivision. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5663-94 for first reading and
read it by title only. Commissioner Thomas moved to pass Ordinance #5663-94 on first
reading. The motion was duly seconded and upon roll call, the vote was:
ItAyeslt: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
I1Nayslt: None.
ITEM #9 - Public Hearina & First Readina Ords. #5643-94. #5644-94 & #5645-94 -
Annexation, land Use Plan Amendment to Residential Low and RS-B Zoning for property
located at 1312 Woodbine St., Pine Ridge Sub., Blk B, lot 13, 0.1 B acres m.o.l. (Jones,
A94-15, lUP94-17)(CPJ
The'subject property is located on the north side of Woodbine Street, three blocks
north of Stevenson Creek, and approximately 260 feet east l?f Betty Lane. The applicants
wish to annex to obtain city sewer service for their existing single family residence,
assessed vaiue of $35,600. The property in the area which is in the City has a Future
Land Use Classification of Residential Urban, but the property in the County has a
classification of Residential low. It is proposed to assign this property the classification of
Residential Low, the same as the County's classification and RS-B zoning, the same as
other properties in the area which are in the City. Later this year, staff will be getting
, back with the Pinellas Planning Council to try to establish a single Future Land Use
Category for this subdivision (Residential Urban}, and for other subdivisions with multiple
land use categories.
On July 19, 1994"the Planning and Zoning Board endorsed this request.
Commissioner Fitzgerald moved to approve annexation, a land use plan amendment
to Residential Low and RS-B zoning for the subject property. The motion was duly
,seconded and carried unanimously.
,The Assistant City Attorney presented Ordinance #5643-94 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5643-94 on first
reading. The motion was duly seconded and upon roll call, the vote was:
minCCOBb.94
8/4/94
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"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
"Nays": None.
The Assistant City Attorney presented Ordinance #5644~94 for first reading and
read it by. title only. Commissioner Berfield moved to pass Ordinance #5644~94 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 Assistant City Attorney presented Ordinance #5645~94 for first reading and
read it by title only. Commissioner Thomas moved to pass Ordinance #5645-94 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
ttNays": None.
ITEM # 1 0 - Public Hearina & First Reading Ords. #5649-94. #5650-94 & #5651-94 -
Annexation, Land Use Plan Amendment to Residential Low and RS-4 Zoning for property
located at 1231 Keene Rd., Meadow Creek Sub., Blk C, Lot 1, 0.26 acres m.o.l.
(Crawford, A94-16, LUP94-18)(CP)
The subject property is located at the southeast corner of Keene Road and Meadow
Lane, three blocks north of Lakeview Road. The applicants wish to annex to obtain city
, sewer service for their existing single family residence, assessed value of $67,300. The
property. in the surrounding area has a Countywide Future Land Use Classification of
. Residential Low and it is proposed to assign this same classification to the applicants'
property. The lots in Meadow Creek Subdivision which are in the City have RS-4 zoning.
Staff recommends t~is same zoning for the applicants' property.
On July 1 9~ 1994, the Planning and Zoning Board endorsed this request.
Commissioner Berfield moved to approve annexation, a land use plan amendment to
Residential Low and RS-4 zoning for the subject property. The motion was duly seconded
ar,ad carried unanimously.
The Assistant City Attorney presented Ordinance #5649-94 for first reading and
, n~ad it by title only. Commissioner Thomas moved to pass Ordinance #5649-94 on first
reading. The motion was duly seconded and upon roll celli, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
t'Nays": None.
minCC08b.94
8/4/94
4
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The Assistant City Attorney presented Ordinance #5650-94 for fimt reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 1/5650-94 on first
reading. The motion was duly seconded and upon roll cal,l, the vote was:
"Ayesu: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The Assistant City Attorney presented Ordinance 1/5651 -94 for first reading and
read it by title only. Commissioner Deegan moved to pass Ordinance 1/5 651 ~94 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #1 1 '. Public Hearina - 20th vear CDBG Final Statement and objectives for FY 1994~
~ (ED)
The City will begin the 20th year of Community Development Block Grant (CDBG)
funding on October 1, 1994. The 20th year entitlement award is $ 1 ~ 108.000, program
income is expected to generate $1 00.000, carry~over from prior year unexpended funds is
anticipated to generate $200,000, and carryover the FY 1986~92 funds generated
$929,752; the 1993-94 budget will allocate $2,337,752.
There were 32 requests for funding received from 20 separate agencies. Two of
the applications were declared ineligible due to HUD guidelines.
These'funding requests and the 1 994-95 b~dget were the subject of a Technical
, Review Committee (TRC) meeting and several Neighborhood Advisory Committee (NAC)
meetings held during the months of June and July 1 994. The budget included in the Final
Statement is a combination of both committee's recommended budget.
Additional recommendations by the NAC were: 1) Commission shall award $5,000
from the Socia\Services Grant Program to the Gir\s Club King's Kids Program; 2)
,Commission shall award all remaining unallocated funds from the Social Services Grant
Fund to the North Greenwood Association; and 3) Commission use General Revenue Funds
to pay the $37,409 match required by the Police Department's U.S. Department of Justice
Antj~Drug Abuse Act Grant Program to provide Community Policing in the South
Greenwood neighborhood~
, f\ecommended allocations are:
Public Services
$43,051 -
15,000 -
Salvation Army staff support at Homeless Shetter
Boys and Girls Clubs of the Suncoast Inc. operating support for
Condon Gardens program
minCC08b.94
8/4/94
5
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21,844:-
32,000 -
40,316 -
13,989 -
$166,200
Girls Inc. teacher, supplies and staff for after school programs at
Condon Gardens
Project Self Sufficiency operational support
Community Service Foundation operational support for Central
Housing Assistance Program ,
Pinellas Opportunity Council, Inc. administrative support for
housekeeping services to low income elderly
Public Facilities and Improvements
$31,634 -
80,000 -
129,300 -
30,700 -
50,000 -
8,160 -
$329,794
Rehabilltatio,n
$242,463 -
Relocation
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Community Pride Child Care Center renovations
Homeless Emergency Project renovations
Religious Community Services relocation and conversion of four
duplexes .
Salvation Army predevelopment funding for permanent Homeless
Drop inn Center
Gulf Coast Jewish Family and Mental Health Services, Inc. to
renovate building for AIDS/HIV counselors
YWCA of Tampa Bay to install heating and air conditioning system
City of Clearwater for administrative services for rehabilitation loan
programs
City of Clearwater for temporary relocation of rehabilitation clients
. Special Activity by Subreciplent
$4,500 -' 'Com'munity Service Foundation for activity delivery costs for City ,
Sponsored homebuyer's programs.,
Acquisition, '
< $100,000.
$294,930 .
270,000 -
250,000,.
$914,930
, 'minCC08b.94
Religious Community Services to purchase two parcels of land for
transitional housing sites.
Clearwater Neighborhood Housing Service, Inc., for costs associated
with land purchases for lnfill Housing Program
Tampa Bay Community Development Corporation for low to moderate
inco,me families to purchase houses in the City.
Clearwater Housing Authority for predevelopment costs of housing
development
6
8/4/94
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Disposition
$20,000 -
Clearwater Neighborhood Housing Servic,e, Inc., to fund costs of
conveying new housing units built in the Infill Housing Program.
Tampa Bay CO,mmunity Development Corp., to fund the costs of
conveying new housing units . ,
20,000 -
$40,000
Administration
$221,600 - City of Clearwater for administration of CDBG, HOME, SHIP and any
other applicable program administered by Economic Development
Department
Economic Development
$87,380 - Clearwater Neighborhood Housing Service, Inc., to provide
employment opportunities for low to moderate income persons
24,446 - to pay minimum wage training salaries for two groups of 15 youths in
Youthbuilders program
21,439 - Clearwater Police Department for salary support of individuals hired in
the NuCops program
100,000 - City of Clearwater Economic Development Loan Pool
$233,265
C~de Enforcement
: $175,000 - Clearwater Neighborhood Housing Service for a cade enforcement
program in the north Greenwood Neighborhood
. ,
The City Manager reviewed the citizen participation procesS:, the program
amendment criteria and the statutory limits on public service funding which govern the
COSG process. The federal government requires the City of Clearwater to adopt a plan to
involve. the citizens while identifying community development needs and allocating COBG
resources to meet those needs. Any changes the Commission wishes to make are subject
to the 'program amendment criteria of the CDBG. Ms Deptula reviewed the substantial
change criteria., Any change in funding should be based on whether the funding level is
; necessary "and' appropriate for the need identified. Public Services expenditures are limited
to a cap of 1 5% or $166,200.
, Community Development Manager Alan Ferri stated the Commission will have ~n
opportunity tonight to a\locate more than $2 million to benefit the residents of the City.
, : He reviewed how the decision was reached for the allocation of funds. He said this year
the ~,eighborhood Advisory Committee reviewed and approved a new application form, a
request for proposals, an evaluation form and a time table for this year's program. He
noted the Commission on April 18, 1994, approved the NAC's recommendation. He said
a notice of fu~ding availability was issued and a series of technical assistance workshops
were held. Mr. Ferri indicated the NAC's recommendation is to fund the majority of
applications; however; he noted the most difficult area is the Public Services category. He
minCC08b.94
8/4/94
7
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said requests for double the amount of funds available were received. The NAC
recommended funding some requests from the Social Services grant program, and the
South Greenwood Patrol from the General Fund.
Commissioner Thomas questioned the difference in the amounts between the Social
Service Funding Rating Sheet and the NAC and TRC Scoring Sheet for RCS. Michael
Holmes, Assistant Community Development Manager, said the difference is due to the
formats and the TRC Sheet is divided into acquisition and public facilities.
Commissioners Thomas and Deegan commended the Community Development
Department, the TRC and NAC on the process used this year. In response to a question,
Mr. Ferri indicated all the subrecipients have been notified of the recommendations.
Jiffy Johnson, Community Service Foundation, thanked the Commission and
citizens for recommending funding. She distributed a newsletter which reflected a new
28-unit complex providing space for low income families. The Community
Service Foundation has a Clearwater office (461-061 8) and also has classes in the
commtmity.
Anne Garris, Ervin's All American Youth Club Board Member, referred to a program
proposed by the County School Board which is something the Ervin Harris Club has been
doing for 14 years. She said she was surprised to discover the reason this club was not
funded this year was they were viewed as a recreation program. She felt the CDBG
process this year was an enormous improvement over previous years. She noted the
$24,000 requested by Ervin Harris was listed as salary and it was indicated they should
have been more specific. Ms. Garris noted they would be more careful next year;
. however, indicated a need for funds this year.
Jonathan Wade, North Greenwood Family Center, said they were awarded $10,000
last year to pay the rent. He said they are a social action group and provide services for
the youth in the community. He said their proposal this year pi aced outside the guidelines
for funding. Mr. Wade said their organization is looking at a $100,000 budget and is
receiving some funding from the Juvenile Welfare Board, HRS and Honeywell. He noted
the Census Tract through which HUD dollars come and indicated organizations within that
tract were not funded this time.
Greg Rose, Salvation Army, stated in 1993 tney established a homeless
intervention program which works with the chronic homeless. In August 1993 a City of
Clearwater task force was established to develop a drop-in center to deal with the chronic
homeless and public inebriate.' They made a determination this type center was feasible.
The Salvation Army was approached regarding the possibility of administering this facility
in cooperation with the police department. Mr. Rose said the Salvation Army is looking
into ,the possibility of establishing such a program and has requested funds through the
CDBG.
Mr. Ferri said the Technical Review Committee recommended full funding for the
Salvation Army; the NAC recommended less.
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minCC08b.94
8/4/94
8
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Commissioner Deegan asked how the Salvation Army conducts its homeless,
program compared to other agencies. Mr. Rose responded there is a large number of
homeless that fall through the gap not receiving the intensive maf\agement that could
resolve their problems and get them back into the community. He said there is also a
serious lack of emergency shelter. The Police Department has donated a double wide
trailer to be placed on Everybody's Tabernacle property that would provide 15 beds for the
emergency home:ess.
Mayor Garvey asked if the program is successful this year, where will the funding
come from next year. Mr. Rose responded there are several funding sources available. In
response to a question, Mr. Ferri said the staffing component is the portion of the request
that is not fully funded.
Chief Sid Klein, applicant for Americorp which has been approved for funding, and
the South Greenwood Neighborhood Patrol, said the patrol has already been approved for a
federal grant of $11 2,000 and the match of funds is needed to make the program work.
Chief Klein said he has been involved with the homeless issue which is a real problem in
the City. He expressed concern without the full funding of the Salvation Army's
application the homeless problem will not be solved.
Duke Tieman, South Clearwater Citizens for Progressive Action, said due to the
cooperation of the Police Department a big dent has been made in making their
neighborhood safe. He indicated the need for a police substation in the South Greenwood
area.
Jiffy Johnson echoed Mr. Tieman's comments indicating the support for the South
Greenwood neighborhood is greatly appreciated.
Lois Cormier spoke in support of Chief Klein's work in the South Greenwood area
and tha Community Services Foundation work in regard to Woodlawn Gardens. She fait
tremendous power has been given to the NAC and expressed concern they do not have
complete representation as they should. She said she went on the bus tour of the
applicants and attended decision making meetings where only five out of twelve members
were present.
Isay Gulley, Clearwater Neighborhood Housing Services, thanked the City for their
support. She said she is glad to see the City supporting needs that have been long
overlooked in the City. She said their proposal includes new services and is much more
. this year than in previous years. Ms. Gulley felt the application process was very intense
this year but provided a view of the partnership structure.
Deborah Vincent, Clearwater Housing Authority, stated the package presented this
year was one of the best ever done. It was verY professional and ranked very well. She
, appreciated the bus tour and said staff was very helpful with technical assistance.
Barbara Green, Everybody's Tabernacle, said she appreciated staff's assistance in
putting together an application for grant money. She said they are adding an educational
program to their facilities.
minCC08b.94
8/4/94
9
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Martha Skeleton, Community Pride Child Care, said she appreciates the changes
made in the procedures as she found it promoted more fairness and understanding.
Tim Cadell, Girls Inc., said he appreciates the opportunity to file an application. He
indicated his organization serves areas outside of Condon Gardens and offers
transportation.
Commissioner Thomas questioned how those programs which have been funded in
the past are going to replace this funding not received this year. Mr. Ferri said past
funding is not a factor in the evaluation of the applications indicating it will be a loss to
those programs.
. Commissioner Thomas expressed concern in leaving a gap in the community by not
funding organizations, in particular Ervin's All American Youth Club, that have been
traditionally performing something in the community. He felt these organizations will come
to the ,Commission for funding through the General Fund.
..
". ,
Mr. Ferri said there was a rank ordering of agencies and at a certain point there
were no more funds to allocate. He said this was not an attempt to not respect or
appreciate the qualities the Youth Club has traditionally provided for the youth in the
neighborhood. He said when Ervin Harris attended the technical assistance meeting, he
talked about an entirely different application than the one filed. In response to
Commissioner Oeegan's question, Mr. Ferri said Ervin Harris could have filed under an
Economic Development activity.
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Commissioner Deegan questioned how modifications of the final statement could be
brought about. Mr. Ferri noted if one organization is allowed to resubmit, everyone must
be allowed to do the same. He said if this is allowed, the deadline for submission to HUO
will not be met.
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In response to Commissioner Deegan's question, Mr. Ferri said all funds must be
allocated.
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Commissioner Fitzgerald felt there were alternatives to funding; everything did not
need to be funded through this process. He noted the City is now entering the budgetary'
process and the City could fund through different mechanisms.
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The City Manager pointed out Ervin Harris has requested $67,000 in addition to
COSG funds and questioned whether consideration should be given to looking at
something more consistent on a year to year basis to help this group.
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Commissioner Thomas expressed concern there is no ability to change the funding
that has been recommended. It was noted there is flexibility up to $100,000. Mr. Ferri
indicated the Commission cannot add a program that has not already gone through the
process.
Commissioner Deegan recommended giving full funding to the organizations as
ranked until all the money is allocated. This would mean the Salvation Army would get full
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funding; however Girls Inc. would not. Funding would have to be found through another
source. He said he respected the NAC's recommendations but did not want to chop
programs in half. He said he wants to see the South Greenwood program funded but
cannot see how to do it with COSG funds. He noted there is already a commitment of
federal money and a match is needed.
Mayor Garvey asked how the Salvation Army program relates to the North
Greenwood Safe House. Commissioner Deegan said the Safe House could not be funded
by CDBG funds. In response to a question, Mr. Ferri said there is an interrelationship
between these two programs but no formal linkage.
Commissioner Berfield asked if the organizations applied to specific categories. Mr.
Ferri, said there was a check box; however, if an area was incorrectly chosen, staff would
correct.
} ,
Commissioner Berfield asked if the Police Department could have been listed as
Economic Development. Mr. Ferri responded if paying for staff costs, it falls under Public
Services.
Commissioner Berfield questioned what the difference is between services and
facilities. Mr. Ferri responded services are staff costs and facilities are brick and mortar.
In response to a question, Mr. Ferri sa'id he is working with Red Ribbon Homestead
to obtain funding through other sources.
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Commissioner Thomas asked what prompted the Code Enforcement request. Mr.
Ferri said this was a request by Neighborhood Housing Services and the Community
Response Team to place a satellite office in the North Greenwood neighborhood.
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Commissioner Deegan noted although the North Greenwood Family Center was not
recommended for funding the North Greenwood area is benefiting through other agencies
and/or projects funded through the CDBG.
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There was discussion regarding funding the South Greenwood Substation through
the General Fund.
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Commissioner Deegan moved to amend the 20th year Community Development
Block Grant Final Statement and objectives for Fiscal Year 1994~1995 as follows: change
$43;051 to$61,726 for the Salvation Army and change $21,844 to $3,169 for Girls Inc.,
with the understanding the remainder of the funding for Girls, Inc. will be found elsewhere.
The motion was duly seconded.
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,Commissioner Fitzgerald felt it was difficult to discuss finding additional funding for
Girls Inc. without getting into the next item, Social Service Grants. He indicated requests
for this funding have been limited to $5,000 or less. He felt it was not appropriate to find
the extra funding for Girls Inc. from these grants as it would be over the $5,000 limit. He'
felt the Salvation Army was a worthy organization; however, believed careful
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consideration went into the committee's recommendations. He also felt the Salvation
Army had more opportunities for fund raising. He recommended looking at the budget to
see if funding can be found. He commended staff and supported the recommendations.
Commissioner Deegan pointed out $62,000 has been set aside for Social Services
funding next year and the total amount of funding requests was $47,097. He indicated
since the Commission set the $5,000 limitation, they could change it.
Mayor Garvey said she was against the motion because Girls Inc. had less fund
raising opportunities than the Salvation Army. She supported the allocations of CDSG
funds as recommended.
Commissioner Thomas expressed concern regarding changing the ground rules and
criteria of the Social Services grants.
Commissioner Deegan noted the Police Department requested that the Salvation
Army run the drop-in center.
Commissioner Thomas asked if the drop-in center program is the formalization of
the test program in the S.T.E.P.P.S. building last year and asked how much money was
given to create the program. Commissioner Deegan indicated it was and no funds were
given. The City repaired the building so it could be used.
Mayor Garvey noted the Salvation Army's program is not necessarily handling only
Clearwater's homeless.
Discussion ensued in regard to considering supporting the remainder of the requests
during the budget hearings.
Upon the vote being taken; Commissioners Berfield, Deegan and Thomas voted
fTaye,fT Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried.
Commissioner Deegan moved to approve the 20th year Community Development
Block Grant Final Statement and objectives for Fiscal Year' 994-' 995 as amended. The
motion was duiy seconded and upon the vote being taken; Commissioners Berfield,
Deegan 'and Thomas and Mayor Garvey voted "aye," Commissioner Fitzgerald voted "nay."
Motion carried.
ITEM #12 - Not a Public Hearina - Fiscal Year 94/95 Citv of Clearwater Social Services
Grants - recommendations for allocation of funds made by the Technical Review
Committee and proposed contract form for the funding contracts (HM)
In the meetings of April 1 8 and April 2', 1 994, the Commission approved the
, Request for Proposal (RFP) format for Fiscal Year 1995 Comrnunity Development Slack
Grant (CDBG) and' City of Clearwater Social Services funding applications.
The amount of $62,000 has been requested for Fiscal Year 1995 for Social
Services funding. The RFP contained a provision that requests must be for $5,000 or less,
minCC08b.94
8/4/94
12
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that agenC:ies submit only one Social Services application, and that agencies not apply for
both Social Services and COBG funding for the same project.
Pursuant to the RFP, 11 grant proposals were received for Social Services funding.
The total amount of funding requests was $47,097. '
Funds requested were:
','At their meeting of June 6, 1994, the Technical Review Committee (TRC)
. , recommended funding 1 0 requests for a total of $43,097. They felt because the
. Commission had requested that agencies submit only one application, only one of the
Religious Comm'unity Services (RCS) requests should be funded. While they found no fault
. with either proposal and noted both services are essential, they selected the Furniture
Warehouse application for funding because this program's services are very rarely, if ever,
, duplicated.
Public Services
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Community Pride Child Care Center renovate Holt Avenue Center
Coordinated Child Care of Pinellas, Inc. to meet match requirement
Faith United Church of Christ start-up funds to establish a child care
center
Family Resources, Inc. - Youth and Family Connection addition of
three counseling offices
Greenwood Panthers Culture and Sports Organization, Inc. program
expenses, equipment, insurance, trophies, etc., for volunteer
organization ,
Pineilas Opportunity Council to provide emergency assistance to an '
additional 200 Clearwater residents
The Quest Inn, Inc. operating expenses for program providing
emergency food, shelter, transportation, assistance in securing
employment, referrals, and crisis intervention counseling to homeless
citizens
Religious Community Services - Food Pantry for program designed to
reduce the degree of hunger and poor nutrition in the upper Pinellas
area
Religious Community Services - Furniture Warehouse for development
and distribution of furniture and household items to low income
residents of both the City and County and to provide some resources
to area's shelter projects
West Central Florida Council - Boy Scouts of America for expenses
associated with establishing and/or maintaining Cub Scout/Boy Scout
troops in the North Greenwood and Condon Gardens areas
. .
YWCA of Tampa Bay for expenses associated with the King's Kids
program
13
8/4/94
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Additionally, the TRC recommended; that programs which provide structured
activities or care to youth, chitdren, and infants be assigned the highest priority, and any
unallocated funds (out of the anticipated $62,000 Sociai Services budget for Fiscai Year
1995) be reserved for the purpose of providing assistance to agencies faced with
emergencies such as fires, flooding, etc. for which other funding is not available.
The City Manager announced her husband is a member of the Board of Directors
and the Treasurer of Quest Inn, one of the agencies recommended for social service
grants. She said she has had no involvement in the selection process.
Commissioner Deegan recommended allocating remaining funds during budget
discussions.
Commissioner Thomas moved to approve the recommendations for allocation of
City Social Services funds made by the Technical Review Committee and to approve a
contract form for the funding contracts. The motion was duly seconded and carried
unanimously.
ITEM #13 ~ Second Readina Ord. #5564.94 - providing authority for the issuance of not
exceeding $8.25 million Gas System Revenue Bonds, Series 1994A, to provide for Gas
System additions, extension, ,supplements and replacements [AS)
..
Because of the delay which the City has experienced in securing intergovernmental
agreements in Pasco County, staff now proposes to split the original $35 million Gas
System Revenue Bond Issue. This original issue has been renamed the Gas System
Revenue Bonds, Series 1994A and reduced to $8.25 million to accommodate only the first
3 years capital expenditure budget (FY 1 993~1 996) for the Pinellas County portion of the
Clearwater Gas System Strategic Plan.
Commissioner Thomas believes the City should sell its own bonds and requested
the City Manager determine if this is possible.
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Commissioner Deegan suggested creating a task force to study the issue. The City
Manager said she has investigated the City selling its own bonds and would like to try with
a smaller issue.
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Commissioner Berfield questioned if there would be additional costs to split the
issue into two. 'Bob Reed, bond counsel, said there would not be any additionai costs to
separate the,issue. There will be rating fees of approximately $1 O,OOO~$25,000 per issue.
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Commissioner Deegan moved to approve the public sale of not exceeding $8.25
million Gas System Revenue Bonds, Series 1994A. The motion was duly seconded and
. carried unanimously.
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The Assistant City Attorney presented Ordinance #5564-94 as amended for second
reading and read it by title only.
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Commissioner Deegan moved to amend Ordinance #5564-94 by substituting the
entire ordinance with revised Ordinance #5664.94 titled as read by the Assistant City
Attorney. The motion was duly seconded and carried unanimously.
Commissioner Deegan moved to pass and adopt Ordinance #5564-94 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Berfieldl Deegan, Thomas and Garvey.
"Nays": None.
ITEM #14 - Not a public hearim::J - Res. #94-55 - providing for the public sale of not to
exceed $8:25 million Gas System Revenue Bonds, Series 1 994A (AS)
Gas System Revenue Bonds, Series 1994A, for $8.25 million will accommodate the
first 3 years capital expenditure budget (FY 1993-1996) for the Pinellas County portion of
the Clearwater Gas System Strategic Plan. Current plans are to repay the bonds over 30
years. A pledge of Gas System revenues will be used to secure payment of the principal
and interest on the bonds.
Commissioner Fitzgerald moved to approve the public sale of not to exceed $8.25
million Gas System Revenue Bonds, Series 1 994A. The motion was duly seconded and
carried unanimously.
The Assistant City Attorney presented Resolution #94-55 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #94-55 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.
"Naystt: None.
, The meeting recessed from 8:34 p:m. to 8:49 p.m.
,ITEM #1 5 - Not a DubUc hea;inC} - First Readina Ord. #5659-94 . providing for the issuance
of not exceed!ng $12,500,000 Improvement Revenue Bonds to pay a portion of the cost
of the'Municipal' Services/Public Safety and Police Complex (AS)
Ordinance #5659-94 has been prepared by bond counsel and reviewed by the
City's financial advisor and staff. It provides for the ability to issue bonds necessary to
pay a portion of the cost of the Municipal Services/Public Safety and Police Complex.
, The City will file proceedings to validate these bonds in order to confirm compliance
with' Article IX of the City Charter related to the issuance of revenue bonds for public
minCC08b.94
8/4/94
15
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health, safety or industrial development. Should these bonds fail to be validated by the
courts, the City has the option of going to public referendum or paying for the project from
other funds.
Current plans are to repay the bonds over 30 years. A pledge of Public Service Tax
revenues will be used to secure payment of the principal and interest on the bonds. It is
the intent of the City, following the validation hearing expected in late September, that this
, issue be sold at competitive public sale tentatively scheduled for the week of November
28th.
The City Manager noted the City is not proposing to raise the utility tax rate to fund
this complex.
Dean Rowe, project architect, gave a preliminary progress update on the Municipal
Services/Public Safety Complex and said he refers to the project as the Clearwater
Services Center. An RFQ has been issued to solicit qualifications from general contractors.
Fourteen responses have been received and evaluated and the selection committee has
short listed the proposals to eight. Mr. Rowe said a bid document requesting a
preconstruction fee, construction fee and a general condition lump sum has been issued to
the eight contractors that have been short listed. The bids will be received tomorrow at
noon and recommendations will be made for the selection of a contractor on August 15.
He reviewed the conceptual approaches with the Commission. Mayor Garvey
questioned whether the space needs for the Police Department have been reviewed. The
City Manager reported the original space report has been reviewed and there have been
significant changes in space allocations.
Mr.. Rowe presented conceptual drawings of the project indicating some parking
would be outside. A utility drive-up window will be accommodated. The site also allows
future expansion of the building by 25,000 square feet.
The City Manager indicated a time would be scheduled to discuss where the
various City departments will be located.
Commissioner Thomas questioned if the atrium was Temoved from the third floor,
would the additionai square footage be at zero cost. Mr. Rowe noted the area
Commissioner Thomas noted as the atrium is for mechanical equipment such as elevators,
etc.
The City Manager noted even though the issuance provides for $12.5 million in
revenue bonds the City is expecting only $11 million to be fOT construction. The additional
funds are needed for funding reserves and issuance costs.
David Thorton, Raymond James & Associates, the City's financial advisor, indicated
the reserve is $893,750 and the remaining amount is for various costs. In response to
whether the City is receiving interest off the reserve, Mr. Thorton indicated this is the
case. There was discussion regarding the underwriter's and bond insurer's costs. He
indicated if the City gets a high enough rating on the issue, the City may not need to get insurance.
minCC08b.94
8/4/94
16
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Discussion ensued in regard to alternatives and Mr. Thorton indicated if the City
buys surety bonds, the City would not fund the reserve. In response to whether the City's
financial advisor is recommending fully funding, Mr. Thorton said they do not know as yet.
Commissioner Deegan requested llpublic service1l tax revenues be explained. Ms.
Deptula explained in order to issue the bonds, the City needs to identify the funding source
that will be used to pay for the bonds. The City has identified utility tax revenues for this
funding.
Commissioner Deegan questioned if there are any limiting covenants comparable to
the limits in the parking bonds. The City Manager said there is a covenant that the City
would not reduce the utility tax rate. In response to a question, Mr. Thorton said the City
has eight times the coverage for these bonds and the City could still issue additional
bonds.
Commissioner Berfield asked if there was anything to prevent paying the bonds off
early. Mr. Thorton said there are call provisions and the first time the City can call them
without setting up an escrow would be 8 years. Reference was made to the refunding of
bonds the City has just done. Mr. Thorton said there was a call premium on those bonds:
however, the City still saved money due to the greatly reduced interest rate.
Commissioner Berfield moved to approve the issuance of Municipal Services/Public
Safety and Police Complex Revenue Bonds. The motion was duly seconded.
Commissioner Fitzgerald commented he will not be voting for this issue because he
did not find it appropriate. He did not believe the project would achieve the basic goal of a
consolidated City Hall. He felt this project breaks the public trust as the public was
, promised a vote on the City Hall issue at referendum.
Mayor Garvey beHeved there should be a consolidated City Hall but felt it more
important to go forward. She felt the public trust has not been violated and indicated the
government cannot be run by referendum.
Commissioner Deegan indicated he was also in favor of having a referendum:
'however, he said he will support the project as the City has to move forward.
Commissioner Thomas believed the public trust has not been violated. He felt there
was a significant safety issue in the Police Department which is at least 50 percent of the
project. He said the Annex and other buildings the City is using are substandard.
Widespread public input has been received and he felt the project is truly needed. He
believed the cost per square footage and the maintenance costs were much lower than
any other option. '
Upon the vote being taken; Commissioners Berfield, Deegan and Thomas and Mayor
'/ Garvey voted "aye," Commissioner Fitzgerald voted "nay.1I Motion carried.
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minCC08b.94
8/4/94
17
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The Assistant,City Attorney presented Ordinance #5659-94 for first reading
and read it by title only. Commissioner Thomas moved to pass Ordinance #5659-94 on
first reading. The motion was duly seconded and upon roll call~ the vote was:
II A yes ": Berfield, Deegan, Thomas and Garvey.
"Nays": Fitzgerald.
Motion carried.
ITEM #16 - Public Hearina & First Readina Ord. #5660-94 - RPD-C Zoning for property
located at 3160 McMullen Booth Rd. (Landmark Manors), Sec. 21-28-16, M&B 23.04,
23.05, 23.06, 23.08 & 23.13, 17.3 acres m.o.!. (McCullough, Z94-04HCP)
The applicants' property was annexed into the City in 1 992. The City assigned a
Future Land Use Classification of Low Density Residential and RS-6 zoning, both of which
were subject II ... to the approva' of the 'and use designation by the Pinellas County Board
of County Commissioners". The County Board never approved the classification of Low
Density Residential (now Residential Urban). During the City/County consistency program
the property was assigned a Future Land Use Category of Residential Suburban. The
property does not have a zoning classification due to the County never approving the
original Future Land Use Classification. Staff proposes to assign the new zoning
ciassification of RPD-C to the applicants' property. This zoning provides for a density of
2.5 dwelling units per gross acre, but otherwise has the dimensional and numerical
requirements of a RS-6 zoning district.
The applicants propose to develop 20 single family homes, and incorporate their
existing home into the d~velopment, for a total of 21 lots on the 17.3 acre parcel, a
density of 0.83 dwelling units per gross acre. Entrance into the n~w subdivision is
proposed to be from Landmark Drive. The entrance road would have a bridge over the
northern portion of the retention pond adjacent to Landmark Drive on the property of the
. Eagles Glen Condominiums. The entrance road and all roads in the subdivision will be
private roads, but will be constructed to city standards. There are existing wetlands
ioeated on the property which win restrict development. The dimensionai requirements of
the RS-6 district will permit the applicants needed flexibility in laying out the subdivision.
This was the justification for originally assigning the property this zoning. Development
with the proposed zoning will not affect the permitted density or infringe on the.
'environmentally sensitive wetlands. As regards the latter, the applicant is working closely
with the Department of Environmental Protection (DEP) and the City Environmental
Manage~ent Group in order to design the proposed residential development in an
environmentally sensitive manner.
On July 19, 1994, the Planning and Zoning Boord approved the proposed zoning
, subject to the following conditions: an easement for the bridge shan be obtained from the
Eagles Glen Condominium, and the bridge design shall be in substantial conformance with
the drawing submitted by Mr. McCullough at the July 1 9, 1 994 Planning and Zoning Board
meeting.
minCC08b.94
8/4/94
18
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Laura Haden, Eagles Glen resident, said she is in favor of the Eagles Glen Board of
Directors approval to grant the easement because Mr. McCullough has indicated his
willingness to rezone the current 80 foot right-of8way to parks and recreation. She
indicated Units 7 and 8 look at Landmark Drive and speeding cars and felt th.e granting of
the bridge easement would not change the view.
Tom Serbo, Eagles Glen resident, said he purchased the property in 1986 basically
for the aesthetics of the lake. He said he cannot see Landmark Drive from the main
building. He said due to the layout of the condominiums someone would be affected. He
requested all alternatives be searched out.
Commissioner Thomas questionGd whether the narrow strip from McMullen Booth
Road into the site is being kept as a wildlife sanctuary. Mr. McCultough said it is the right-
of-way area on the south side of the condominium complex that runs between Landmark
Drive and McMullen Booth Road that will be preserved. He said the project will be a low
density custom home development. Mr. McCullough indicated he will be transplanting oak'
trees. In response to a question, it was indicated a density of 2.5 units per acre is allowed
and the property is being developed at .76 unit per acre.
Commissioner Thomas moved to approve RPD-C zoning for the subject property.
The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5660-94 for first reading and
read it by,title'only. Commissioner Fitzgerald moved to pass Ordinance #5660894 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Regarding Items # 17 through #21, reference will be made to the standards for variance
approval. The standards are as follows:
1) There are special circumstances related to the particular physicai surroundings, shape or
topographical conditions applicable to the land or buildings, and such circumstances are
peculiar to such land or buildings and do not apply generally to the land or buildings in the
applicable zoning district; 2) The strict application of the provisions of the code would
deprive the applicant of the reasonable use of the land or buildings; 3) The variance is not
based exclusively upon the desire for economic or other material gain by the applicant or
owner: 4) The granting of the variance will be in harmony with the general purpose and
intent of the land development code and comprehensive plan and will not be materially
injurious to surrounding properties or otherwise detrimental to the public welfare.
. .
ITEM #17 8 Variance's) to SiQn Regulations for orooertv located at 400 Island Wav. Sec.
5-29-15 & 8-29-16 (Starboard Tower Clipper Cove Condominium Association/Clipper Cove
Condominiums, SV94822)(CP)
The applicant is requesting a height variance of 3.5 feet from the permitted 6 feet
minCC08b.94
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to allow a freestanding sign 9.5 feet high. This variance is requested to permit the
existing sign to remain.
The subject property is located on the southwest corner of Island Way and Skiff
Point, and is in the RM-28 zoning district.
The sign is not uniformly at a height of 9.5 feet; only the two supporting posts,
located at each end of the sign, attain this height. The sign panel, located between the
posts, reaches an overall height of 8.5 feet.
The 9.5 foot height of the posts represents a 58% departure from the code. Thore
does not appear to be special circumstances applicable to this property to support a
variance to this extent. The variance could easily be reduced somewhat by lowering the
height of the posts, without affecting the structural or aesthetic integrity of the sign. If
the posts were reduced to a height of 7.5 feet, the post height would depart from the
code by only 25%. The overall sign height then would be 8.5 feet as measured to the top
point of the curved sign panel, and would depart from code by 42 %. The sign would
continue to be attractive and as asset to this property and the City. Staff would regard
this as a minimum variance and a practical solution to effectively reduce the extent of the
existing nonconformity.
Staff feels the request to allow a sign 9.5 feet high does not meet standard #1 of
the 4 standards which must be met for variance approval.
Senior Planner John Richter reviewed the application.
Bob Wright, representing the applicant, verified the photographs of the sign
presented by staff. He said he would abide by staff's recommendations.
Commissioner Thomas found the sign to be quite unusual and did not agree the
poles should be considered part of the sign.
, Bob Bickerstaffe found the sign to be attractive indicating the poles are part of the
overall design. He favored the sign remaining as it currently exists.
Commissioner Deegan felt the sign added to the aesthetics and fit well into the
surroundings.
Commissioner Deegan moved to approve a height variance of 3.5 feet to allow a
sign 9.5 feet high for the subject property for meeting Section 45.24 Standards for
Approval. The motion was duly seconded and upon the vote being taken; Commissioners
Deegan and Thomas voted "aye," Commissioners Berfield and Fitzgerald and Mayor
Garvey voted "nay. II Motion failed.
. Commissioner Berfield moved to denv a height variance of 3.5 feet for the subject
, property for failure to meet Section 45.24 Standards for Approval, item 1, and to approve
a height variance of 2.5 feet as this variance meets the standards for approval, items 1-4,
subject to the condition the height of the supporting posts be reduced to 7.5 feet. The
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motion was duly seconded and upon the vote being taken; Commissioners Berfield and
Fitzgerald and Mayor Garvey voted "aye, II Commissioners Thomas and Deegan voted
"nay." Motion-carried.
ITEM #18 - Variance(s) to Sian ReQulations for orooertv located at 425 Island Wav., Sec.
5-29-15 & 8-29-15 (Starboard Tower Clipper Cove Condominium Association/Clipper
Cove' Yacht Club, SV94-23HCP)
The applicant is requesting a height variance of 3 feet from the permitted 6 feet to
allow a freestanding sign 9 feet high. This variance is requested to permit the existing
freestanding sign to remain.
The subject property is located on the east side of Island Way, at the east end of
Skiff Point, al1d is in the RM-28 zoning district. -
The sign is not uniformly at a height of 9 feet; only the two supporting posts,
located at each end of the sign, attain this height. The sign panei, located between the
posts, reaches an overall height of 7.1 feet.
The 9 foot height of the posts represents a 50% departure from the code. There
does not appear to be special circumstances applicable to this property to support a
variance to this extent. The variance could easily be reduced somewhat by lowering the
height of the posts, without affecting the structural or aesthetic integrity of the sign. If
. the posts were reduced to a height of 7 feet, the post height would depart from the code
by only 16%. The overall sign height then would be 7.' feet as measured to the top point
of the curved sign panel, and would depart from code by 18%. The sign would continue
to be attractive and as asset to this property and the City. Staff would regard this as a
minimum variance and a practical soiution to effectively reduce the extent of the existing
nonconformity .
Staff feels the request to allow a sign 9 feet high does not meet standard #1 of the
4 standards which must be met for variance approval.
Senior- Planner John Richter reviewed the application.
Bob Wright, representing the applicant, verified the photographs of the sign
presented by staff. He said the idea of the sign code is to prevent sign clutter and in this
instance he sees no clutter.
Commissioner Thomas moved to aQDrove a height variance of 3 feet for the subject
property for meeting Section 45.24 Standards for Approval, items 1-4. The motion was
duly seconded.
In response to a question, Mr. Richter said the area of the sign'is about 23 square
. feet and the posts are not included in this measurement. He said the height of the sign is
determined by the sign structure which are the posts.
minCC08b.94
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Upon the vote being taken on the motion on the floor; Commissioners Deegan and
Thomas voted "aye," Commissioner Fitzgerald and Berfield and Mayor Garvey voted
Itnay." Motion failed.
Commissioner Fitzgerald moved to ~ a height variance of 3 feet for the subject
property for failure to meet Section 45.24 Standards for Approval, item 1, and to aoorove
a height variance of 1.1 feet as this variance meets the standards for approval, items 1-4.
The motion was duly seconded and upon the vote being taken; Commissioners Fitzgerald
and Berfield and Mayor Garvey voted "aye," Commissioners Deegan and Thomas voted
"nay." Motion carried.
ITEM #19 ~ Variance(s) to Sian Reoulations for orOOBrtv located at 50 Somerset St.,
Mandalay Unit 5, Blk 83, Lots 5 & 6 (Castillo/Monterey Motel Apartments, SV94-25)(CP)
The applicant is requesting a variance to allow a freestanding sign in a zone where
freestanding signs are not permitted.
The subject property is located on the north side of Somerset Street, east of
Mandalay Avenue, and is in the RM-20 zoning district. Within residential zones,
freestanding signs are allowed only for conforming uses and only to identify subdivision or
property entrances. This sign is used to identify the Monterey Motel, which is a
nonconforming use. A variance is requested to permit the sign to remain but with a
smaller area and lower height than currently exists.
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Somerset Street is the north-south dividing line between the residential zoning for
the north beach, and the commercial zoning for the mid-beach and south beach.
Nonconforming uses in residential zones are permitted one sign which must be an
attached sign. The maximum sign area is 24 square feet.
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The existing Monterey Motel sign is a freestanding sign. The applicants propose to
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remove the "pool" sign panel that projects up from the top of the sign, thereby reducing
the area to 37.4 square feet and the height to 14.8 feet.
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There are speciai circumstances applicable to this property that support grant~ng the
requested variance. First, conforming uses are allowed freestanding signs in this zone. It
wouid' be inequitable to require the freestanding sign be removed when a residential use
would. be allowed a freestanding sign by right. Second, the requested sign is not out of
scale or character with the mix of uses presently existing in this area of the beach. And
finally, properties on the opposite side of Somerset Street are permitted a 50 square foot
freestanding sign. It is therefore not unreasonable to allow a 37 square foot sign on the
north side of this street. Staff feels the request meets the standards for variance
. approval.
Mr. Richter reviewed the application.
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David Castillo, applicant, verified the photographs of the signs presented by staff
indicating he agrees with staff recommendations.
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Anne Garris spoke in favor of the application indicating the motel is an asset to the
community.
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Helen Verbin, nearby property owner, spoke in favor of allowing the sign indicating
the light from the sign does not bother anyone. She indicated the street light across from
the property is out.
Commissioner Thomas moved to approve a variance to allow a freestanding sign in
a zone where freestanding signs are not permitted for the subject property as this variance
meets Section 454.24 Standards for Approval, items 1-4, subject to the following
conditions: the sign shall have a maximum area of 37.4 square feet, a maximum height of
14.8 feet, and shall be set back a minimum of 5 feet from all property lines, and no
'attached signs shall be b:1owed. The motion was duly seconded and carried unanimously.
Commissioner Deegan referred to staff's comment that it would be inequitable to
not allow a freestanding sign when a residential use is allowed. Mr. Richter recommended
a code amendment addressing this.
~.... .
ITEM #20 ~ Variance(s) to Sian Reaulations for orooertv located at 110 Island Way, Sec.
8-29~15, M&B 13.05 (King, Trustee/Island Estates Realty, Inc., SV94~26)(CP)
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The applicant is requesting the following variances: 1) an area variance of 8.8
square feet from the permitted 64 square feet to anow attached signs with an area of 72.8
square feet, and 2) a sign area ratio variance of O. 1 2 square feet per foot of building
"width from the permitted 1.5 square feet per foot of building width to allow a sign area of
1 .62 square feet per foot of building width. These variances are requested to permit the
continuation of the attached ulsland Estates Realty" sign on the east face of the building
oriented toward Island Way. The 6.3 square foot sign on the south face of the building
will be removed.
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The subject property is located on the west side of Island Way, north of Windward
Passage, and is in the CG zoning district.
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The subject property has no freestanding sign. According to the application, in
1984, this site was purposely designed without a freestanding sign in order to enhance the
aesthetics of the area. However, the attached sign on the east building face is 8.8 square
feet greater than the 64 square feet allowed. This is a 14% deviation. The existing sign
area yields a ratio of 1.62 square feet per foot of building width. This is an 8% deviation
from the code. Given the lack of a freestanding sign, these variances are relatively minor
deviations. . Staff feels the applicant's requests meet the standards for variance approval.
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Mr. Richter r~viewed the application.
'Joanne Hiller, representing the applicant, verified the photographs of the sign
presented by staff. She understood in 1964 freestanding signs were not considered to be
aesthetically pleasing and the building design was changed to accommodate an attached
sign. She found the current sign to be unobtrusive indicating an informal survey showed
no objection to the sign. She said she agreed with staff's recommendations.
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Commissioner Thomas moved to approve an area variance of 8.8 square feet to
allow attached signs with an area of 72.8 square feet and a sign area ratio variance of
0.12 square feet per foot of building width to allow a sign area of 1 .62 square feet per
foot of building width for the subject property as these variances meet Section 45.24
Standards for Approval, items 1 M4, subject to the following conditions: no freestanding
sign shall be placed on this property, and the sign on the south face of the building be
removed. The motion was duly seconded and carried unanimously.
ITEM #21 - Variance's) to Skm Reaulations for orocertv located at 108 N. Mvrtle Ave.,
Gouid & Ewing's 2nd Addition, Blk 16, Lots 12-22 (Finegan/Devoe and Reynolds Co.,
SV94-27HCP)
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The applicant is requesting a variance to allow the placement of a new freestanding
sign' with a height of 20 feet, an area of 48 square feet, and a setback of 5 feet, in a zone
where freestanding signs are not permitted. The existing freestanding sign will be
removed to make way for the new sign. '
The subject property is located on the west side of Myrtle Avenue, south of Drew
Street, and is in the UC{C) zoning district.
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This property is developed with two buildings, both of which are substantially set
back from Myrtle Avenue. The building that is least set back is situated 53 feet from the
Myrtle Avenue right of way. Consequently, if the use of the property is identified by
attached signs alone, it would be inordinately difficult to identify the use from the Myrtle
Avenue right of way. It is reasonable that a freestanding sign be allowed.
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The requested sign area is 48 square feet. On March 21, 1994, the Commission
and staff established a direction regarding the area for freestanding signs in the
downtown. That direction was to allow properties over an acre in size to have a 64
square foot sign, and to allow properties less than an acre to have a 24 square foot sign.
This property has an area of 0.82 acres. Staff recommends approval of the requested 48
square foot area for several reasons. First, this property is oniy marginally shy of one
acre; second, the requested sign area is 25 % less than the area allowed for a one acre
site;, and third, properties on the opposite side of Myrtle Avenue are zoned to allow a 64
square foot sign regardless of property size.
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Regarding the requested 20 foot sign height, there exists circumstances that
support approval. First, a 20 foot height would maintain an appropriate scale for a 48
square foot sign area; second, signs on the opposite side of Myrtle Avenue are allowed a
height of 20 feet under the assigned zoning; and third, the western portion of the sign will
overhang a parking space and the additional height is appropriate to avoid interference
with the space.
The sign will meet the standard setback from the adjoining street rights of wav~ tt
will be located a minimum of 5 feet from Myrtle Avenue and Grove Street.
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The above circumstances constitute special conditions applicable to this property.
It appears these conditi<?ns serVf\ as the impetus for the variance request. Given these
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conditions, it does not appear the variance is based exclusively upon a desire of the
applicant to secure a greater economic gain. Staff feels the applicant's request meets the
standards for variance approval.
Mr. Richter reviewed the application.
Michael DeVoe, representing the applicant, verified the photographs of the sign
presented by staff.
Commissioner Thomas moved to approve a variance to allow the placement of a
new freestanding sign with a height of 20 feet, an area of 48 square feet, and a setback
of 5 feet for the subject property as this meets Section 45.24 Standards for Approval,
items 1-4, subject to the condition the existing freestanding sign be removed. The motion
was duly seconded and carried unanimously.
ITEM #22 - Public Hearina & First Reading Ord. #5654-94 - Amending Sec. 41.1 51, to
revise dimensional requirements for docks (CP)
Commissioner Thomas moved to continue this item to September 1, 1 994~ The
motion was duly seconded and carried unanimously.
ITEM #23 - Public Hearina & First Reading Ord. #5655-94 - Amending Sec. 45.23, to
delete the authorization for minor variances from dock width and setback requirements and
to authorize minor variances from parking space requirements (CP)
Commissioner Fitzgerald moved to continue this item to September 1, 1 994. The
motion was duly seconded and carried unanimously.
ITEM #24 - Public Hearina & First Readina Ord. #5656-94 - Amending Ch. 40, creating .
. new division 23A to establish a downtown/mixed use district; amending Sec. 41.053, to'
establish supplementary conditional use standards for conditional uses provided in the
dow'ntown/mixed use district (CP)
AND
ITEM #25' - Public Hearina & First Readina Ord. #5657-94 - Amending Sec. 40.286, to
increase the ,maximum allowable height for the limited Office district rep)
, . Commissioner Deegan moved to continue itoms 24 and 25 to September 1, 1994.
The motion was duly seconded and carried unanimously.
ITEM #26 - Public Hearina & First Reading Ord. #5658-94 - Amending Sec. 35.11, to
establish definitions for '.Outdoor Cafe, rr Sidewalk Vendor, n and "Vendor Stand;rr
.' amending 'Ch. 41, creating a new division 12 to establish requirements for locating and
operating outdoor cafes and sidewalk vendor operations (CP)
Commissioner Berfield moved to continue this item to September .15, 1994. The
. motion was duly seconded and carried unanimously.
minCC08b.94
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Public Hearina - Second Readina Ordinances
ITEM #27 - Ord. #5571-94 - CPO Zoning for property located at 706-712 Magnolia Or.,
Magnolia Park, Blk 31, Lots 6-9 (Nations Bank Florida, Z94-03)
Commissioner Thomas moved to continue this item. The motion was duly
seconded and carried unanimously.
ITEM #28 - Ord. #5597-94 - Amending Sec. 40.489 to establish new parking
requirements for Bayfront. Core and Eastern Corridor subdistricts of Urban Center District
(LOCA94-06)
Commissioner Deegan moved to continue this item. The motion was duly seconded
and carried unanimously.
ITEM #29 - Ord. #561 '-94 - Amending Sec. 42.26, to provide requirements for wire
fences in residential zones (LDCA 94-1 0)
:., ..
The Assistant City Attorney presented Ordinance #5617-94 for second reading and
read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5617-94
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": None.
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ITEM #30 - Ord. #5631-94 - Amending Sec. 35.11, to revise the definition of personal
services, amending Sees. 40.284 & 40.304, to provide for personal services as conditional
usesih.the OL and OG zoning districts, amending Sec. 41.053, establishing supplementary
standards for such uses (LDCA 94-02)
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The Assistant City Attorney presented Ordinance #5631 -94 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5631-
94 on second and final reading. The motion was duly seconded and upon roll call, the
. vote was:
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ttNays": None.
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ITEM #31 - Ord. #5633-94 - Land Use Plan Amendment to Residential High for property
located at.1110 Pine Ave.. Mary Land Sub., Blk 83, Lots '-12 & vacated west 1/2 of
Madison Ave.(RHA/FJorida Properties, Inc., LUP93-37)
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The Assistant City Attorney presented Ordinance #5633-94 for second reading and
read it by title only. Commissioner Barfield moved to pass and adopt Ordinance #5633-94
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on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
IINays": None.
ITEM #32 - Ord. #5634-94 - Land Use Plan Amendment to Commercial General for
property located at 1914 Atlantis Dr., Sunset Point Estates, Blk A, Lot 22 (Touchette,
LUP93-36)
Commissioner Thomas moved to continue this item to August 18, 1 994. The
motion was duly seconded and carried unanimously.
ITEM #33 - Ord. #5635-94 - Land Use Plan Amendment to Institutional for property
located at 701 N. Missouri Ave., New Country Club Addition, Blk B, Lot 12 less road on
west (City of Clearwater, LUP93-39)
Th~ Assistant City Attorney presented Ordinance #5635-94 for second reading and
read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5635-94
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
tlNays": None.
ITEM #34 - Ord. #5636-94 - Land Use Plan Amendment to Institutional for Parcel A &. B;
Parcel A - 601,605 & 607 Orange Ave., Turner's 3rd Addition, Blk 12, Lot 4; Parcel B -
604 & 606 Bay Ave., Turner's 3rd Addition, Blk 12. part of Lots 1 & 2 (Episcopal Church
of-the Ascension (formerly "and Ruth Willetttl), LUP93-26)
The Assistant City Attorney presented Ordinance #5636-94 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5636-
94 on second and final reading. The motion was duly seconded and upon roll call, the
vote was: .
II Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
IINays": None.
'." ITEM "#35 - Ord. #563'-94 - Land Use Plan Amendment to Institutional for property
. located at 3190 McMullen Booth Rd., Turtle Brooke Sub., Parcel A (North Bay Community
. Church, Inc. (formerly Wright), LUP93-38)
The Assistant City Attorney presented Ordinance #5637-94 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5637-94
minCCOBb.94
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8/4/94
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on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #36 ~ Ord. #5638-94 - Land Use Plan Amendment to Institutional for part Sec. 21 ~
29-15, M&B 12.16 & 12.17 and abutting vacated portions of Sheridan Ave. (Parcel A)
l1 250 S. Ft. Harrison Ave.)(Morton Plant Hospital Association, Inc., LUP94~16)
AND
'ITEM #37 - Ord. #5639-94 - P/SP PO Zoning - part Sec. 21-29-15, M&B 12.16 & 12.17
and abutting vacated portions of Sheridan Ave. (Parcel A) and Westover Sub., Blk A,
together with vacated portions of Watkins Rd. and Sheridan Ave. abutting Slk A (1250 S.
Ft. Harrison Ave.)(Morton Plant Hospital Association, Inc., Z94-07).
AND
ITEM #38 - Ord. #5640-94 - Land Use Plan Amendment to Institutional for various
properties east and west of S. Ft. Harrison Ave. and north and south of Pinellas St.(Morton
Plant Hospital Association, Inc.. et al. LUP94-15)
AND
ITEM #39 - Ord. #5641-94 - MPD Zoning for various properties east and west of S. Ft.
Harrison Ave. and north and south of Pinellas St.(Morton Plant Hospital Association, Inc..
et al~ Z94-06)
Commissioner Thomas moved to continue items 36, 37, 38 and 39. The motion
was duly seconded and carried unanimously.
ITEM #~o - Ord. #5642-9,[: RM-8 Zoning for property located. at 1563 & 1567 Druid Rd.,
Druid Groves, Slk A, E 7' of Lot 3 and Lots 4-6, 0.37 acres m.o.l. (Bowen/Desaulniers,
Z94-08)(Clearw8ter Community Hospital)
Commissioner Deegan announced he had a conflict of interest as he serves on the
Hospital's Board of Directors.
The 'Assistant City Attorney presented Ordinance #5642-94 for second reading and
read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5642-94
. on second. and final reading. The motion was duly seconded and upon roll call, the vote
was:
minCC08b.94
8/4/94
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"Ayes": Fitzgerald, Berfield, Thomas and Garvey.
"Nays": None.
"Abstention": Deegan.
ITEM #41 - Ord. #5646-94 - Annexation for property located at 112 Meadow Lark Lane,
Bay View City Sub., Blk 1, S 80.75' of Lots 5 & 6, 0.17 acres m.o.1. (Kinsley, A94-14)
The Assistant City Attorney presented Ordinance #5646-94 for second reading and
read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5646-94
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"NaysU: None.
ITEM #42 - Ord. #564'-94 - Land Use Plan Amendment to Residential Urban for property
located at 112 Meadow Lark Lane, Bay View City Sub., Blk 1, S 80.75' of Lots 5 & 6,.
.0.17 acres' m.o.!. (Kinsley, LUP94-14)
The Assistant City Attorney presented Ordinance #5647-94 for second reading and
read'it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5647-
94 on second and final reading. The motion was duly seconded and upon roll call, the
. vote was:
UAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #4'3 . Ord. #5648-94 - RS-8 Zoning for property located at 1 1 2 Meadow Lark Lane,
8ay'Vie~ City Sub., Blk 1, 5 80.75' of Lots 5 & 6, 0.17 acres m.o.l. (Kinsley, A94-14)
The Assistant City Attorney presented Ordinance #5648-94 for second reading and
. read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5648-94
on second a~d, final reading. The motion was duly seconded and upon roll call, the vote
was: .
. "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"NaysU: None.
:;:~}../' .' ;. if. ...' . .:. ITEM #44 - Or~. #~661-94 . A~e~ding Sec. 1 ~.~4, rela.ting to library cards, nonresident
;;~;.:;<:(; . . fee for use of city library and cntena for establishing reSidency
~~.~ ~':',,,":. '.. , .
~'1:-<i.;.: :. . The Assistant City Attorney presented Ordinance #5661-94 for second reading and
~~:> '. ". read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5661-
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94 on second and final reading. The motion was duly seconded and upon roll call, the
vote was:
UAyesll: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
IINays": None.
ITEM #46 - Ord. #5662-94 - Vacating 30' r-o-w for Turner St. (f/o/a Central Blvd.) lying 5
of Lots 19-24, Midway Sub. and that 30' public thoroughfare in Deed Book 1542, page
255, subject to retaining it full width as a drainage & utility easement (Morritt Homes,
V94-01 )
The Assistant City Attorney presented Ordinance #5662-94 for second reading and
read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5662-94
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, 8erfield, Deegan, Thomas and Garvey.
IINaystt: None.
ITEM #46 - Soecial Items of widesoread oublic interest
a) Post, Buckley, Schuh & Jernigan - Drew Street Project (PWJ
The FOOT and the City of Clearwater are presently undertaking the Project
Development and Environment (PD&E) Study for the improvement of Drew Street from
North' Highland Avenue to Northeast Coachman Road. The project originally extended
from Pierce Boulevard to Northeast Coachman Road. However, subsequent to the
Alternatives Public Workshop held on June 24, 1993, the City initiated a feasibility study
for the replacement of the. Memorial Causeway Bridge. The replacement of .this bridge will
greatly affect traffic 'circulation patterns and volumes along the major routes in downtown
. Clearwater. It was decided to postpone any action on Drew Street in the downtown area
until the finds of the bridge feasibility study are available. The Drew Street PO&E study
, .
area were shortened to encompass only that area of Drew Street between North Highland
'Avenue and Northeast Coachman Road.
Mahshid Arasteh, project manager for FOOT, said the new limit of the project
, accepted by the Commission was approved. A public hearing will be held on August 9,
, 1994 which will consist of a formal and an informal session. The preferred alignment will
,: be 'shown along with the pond locations and properties affected. The public hearing
handout was distributed which consisted of a brief overview of the project, the project
location and the alternatives. The handout includes a comment sheet to provide input.
Notices have been sent to residents within 300 feet of the center line of the roadway' and
. 'those residents that will be affected by the pond sites. She said they are hoping to -finalize
aU documents by December 1994.
The meeting recessed from 10:40 p.m. to 10:51 p.m:
minCC08b.94
8/4/94
30
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..... A sUde presentation addressing key questions and to be shown at the August 9th
~,~} public hearing was shown.
Ms. Arasteh noted all the reports regarding this project are available in the
Clearwater East Library and will be available for examination until August 1 9, 1994.
b) Authorize staff to proceed with development of the Del Oro Subdivision General Storm
Replacement Project - Phase I in accordance with design described as Alternative I (PW)
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On February 14, 1994, development of a storm water treatment facility within the
Delara Park was presented to the Commission In the Environmental Management ,Five
Year Capital Watershed Plan. At that time, the Commission directed staff to return to
them for further discussion after meeting with the residents to determine the community's
interests and concerns.
A public meeting was held on March 8, 1 994 at the East Library in which staff
presented two alternatives to the residents. 80th alternatives addressed the need to
resurface the roads due to failure caused by the underlying substandard storm sewer
system. Alternative One provides for an enhanced level of service, consistent with current
city design standards, to resol"e the existing drainage problems and also includes larger
storm water pipes and a stormwater treatment pond in the DelOra Park to serve 51 acres.
Alternative One would solve drainage problems along Bayshore Boulevard, which floods in
. two areas during even minor storm events. In addition, stormwater that currently flows
overland would be directed to Tampa Bay. Alternative Two would only provide in kind
replacement of existing storm water pipes with no change in the current level of service.
Although, Alternative Two would not require stormwater permitting, no storm water
treatment facility would be provided and the existing drainage problems in the
neighborhood would persist.
Fallowing the meeting, on March 21, staff received a letter from the Association
Board of Directors. The Association continues to contest the legality of placing a pond
within the Park. In addition, the Association has' also requested the City move'forward
with in kind pipe ,replacement, but also add new inflows at two designated spots on
Bayshore Boulevard, where the road flooding occurs, and, if need be, create a small pond
to treat this flow. The Association's request for the enhanced level of service would only
be permitable; however, if the entire volume of combined contributory uplands (31 acres)
were directed to a treatment facility.
As a result of the public meeting, staff continues to believe that Alternative One is
the best solution to the overall street resurfacing and drainage problems in Del Oro.
Authorization is requested to proceed with this project in accordance with Alternative One.
Staff will continue to work with the homeowners association to provide the most
acceptable pond design and associated landscaping within areas not restricted by deed for
such use.
Assistant City Manager Bill Baker said the primary streets involved are San Jose,
San Pedro, San Bernadino, San Mateo and the north/south streets that intersect. He said
this land drains downhill to Tampa Bay and Alligator Creek. There are a series of 40-year
minCC08b.94
8/4/94
31
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n old storm lines throughout which have deteriorated. These lines are small and are not up
, to today's standards. There are four 18-inch lines taking the water to the Bay. Because
the lines are small, there are problems when there are intense rainstorms. Concern has
been expressed regarding traffic safety especially at the Bayshore Drive intersections.
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Mr. Baker noted a recant rule that provides if storm drain lines are improved,
stormwater quality has to be provided. A permit cannot be obtained without water quality
ponding unless the capacity of the pipes is not increased. He noted the residents are
opposed to ponds. In 1991 SWFWMO introduced the SWIM program which encouraged
the establishment of ponds; however, when a proposal to construct ponds came up, it
was denied. The Homeowners' Association does not want larger pipes because they do
not want ponds. Mr. Baker noted the ponds would act and resemble a natural wetland.
Mayor Garvey questioned the size of the ponds. Mr. Baker responded if two ponds
are done they would be less than one acre each in size; one pond would 1-1/2 acre.
Commissioner Thomas asked if percolation tests have been done. Mr. Baker said
they were considering a wet pond not a dry one that percolates. ~iscussion ensued
regarding the capacity and storage of water in the pond and how it would be treated.
Chief Engineer Terry Jennings said the area between the existing water table and top of
the ground provides a storage volume and this volume recedes slowly and the treatment is
done with aquatic plants.
There was discussion regarding detention ponds being built for quantity not quality.
Chuck OeBlaker said staff did not present all the.information that Mr. Baker
presented tonight. He said they were told the diameter of the pipes in DelOra Groves is
12 inches and staff's recommendation is to go to 15 inches. Mr. DeBlaker said the
residents want the streets repaired with storm sewers replaced and smooth pavements.
He said they do not want any ponds in the parkland. He presented a brief history
indicating the subject property was purchased with funds from a referendum in 1970. The
lady that sold the property wanted it to be retained as open space and added a deed
restriction. In 1990, a retention pond was proposed by staff and rejected. Staff
presented their proposals to the residents on March 8, 1994, and questions were raised
whether the water was tested, a percolation test performed and how much of the
$846,000 proposed for the project is for pipe installation, paving' and treatment. Staff
could not respond. Mr. DeBlaker indicated there is no serious flooding in the area. He
,recommended channeling the water to the drain to get it off the street faster. He believed
there were more serious pollution areas in the City and requested staff replace the sewer
lines with the current size pipe.
Sharon O'Flannery said there is no flooding and is satisfied with what currently
exists. She expressed concern regarding maintenance of the ponds. She said she has
been waiting a long time for smoother streets and asked if ponds are constructed, will
they require fencing.
minCCOBb.94
8/4/94
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John Goyack found it to be amazing that a pipe that has served the residents for
years is no longer adequate by today's standards. He agreed there was no flooding in the
area and said he wanted a park in the area not wetlands.
Commissioner Fitzgerald questioned if there was any legal reason not to put a pond
in the park. Mr. Baker said the City Attorney had expressed an opinion there is nothing in
this project that would make it incompatible with a park.
Commissioner Fitzgerald expressed concern the neighborhood is strongly opposed
to the proposal. He agreed the roads and drainage need to be addressed indicating nothing
has changed since this issue was brought up in 1990. Mr. Baker noted there are some
residents who want the project.
Commissioner Thomas asked the cost of repaving the street and replacing the pipe
with the same size pipes versus the cost to follow staff's recommendations. Mr. Baker
said the costs to pave the streets ,Would be the same, the difference would be in the size
of the pipe.
Mr. Jenninas !:1d::::::tau ii tfm existing system is replaced, the existing storm inlets
would not be addressed. He said if a larger pipe is used, the inlets would also be replaced
and a pond constructed. He estimated a 30% difference in cost.
Discussion ensued regarding a legal opinion by Mr. Lance which indicated the court
would probably not allow a pond on recreational land where there is a d,eed restriction.
Commissioner Deegan asked who decided there are flooding problems in the Del
Oro area. Mr. Baker indicated there is a 50% chance of stormwater exceeding the
diameter of the.current size pipe. Mayor Garvey asked if there is any physical evidence of
flooding in the area.
Joseph Hardy, Vice-President of Homeowners' Association, believed no factual
, information has been provided. The information presented tonight is not what the
homeowners have had to review. .In response to a question, Mr. Hardy indicated the
homeowners would like the opportunity to sit down with staff. In response to what kind
of flooding occurs in the area, Mr. Hardy said Bayshore Boulevard ponds in two or three
places.
Mr. Jennings reviewed the occurrences at the public meeting with the
'homeowners. He discussed the pipe sizes and the areas that flood. He said there have
, been numerous complaints from drivers regarding the ponding areas on Bayshore. He
noted the state requires if larger pipes are installed, ponds have to be constructed.
There was discussion regarding drainage ditches being clogged having contributed
to the flooding problems.
minCC08b.94
8/4/94
33
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Commissioner Berfjeld believed streets were built to flood so homes would not.
She indicated within 15-30 minutes most streets are dry. She questioned whether the
pipes are too small just from Bayshore into the Bay. She asked these pipes be checked to
see if they are clogged.
It was indi::ated staff should meet with the residents again to make sure all
information is provided. It was also requested more definitive information regarding
flooding in the area be provided.
Commissioner Thomas moved to continue the itern. The motion was duly seconded
and carried unanimously.
ITEM #47 - Citizens to be heard re items not on the Aoenda
Anne Garris indicated a petition has been prepared and circulated by a group on the
beach not to destroy the beach pool. She asked that the survey appearing in Beach Views
regarding East Shore Drive be copied to the Commission.
. Lourie Diane Kave thanked the Commission for police presence in her area. She
commended staff member Alan Mayberry. She complained regarding the revamping of
Cleveland Street to three lanes. She expressed disappointment in not allowing citizens to
vote on toe Municipal Services\Police Building Complex. She questioned what the City
plans to do with the East End.
Bob Bickerstaffe believed less money in the long run would be spent on the
Municipal Services/Police Building Complex than would have been spent on the Sun Bank
, Building. He felt the project will help all of downtown. He indicated more action has
taken place with the curr~nt Commission than ever before and encouraged them to
continue in the same manner.
CITY MANAGER REPORTS
ITEM #48 ..; ReceiotlReferral - Annexation. Land Use Plan Amendment to Residential Low
and RPD-D Zoning for orooertv located at 2377 Dora Dr., Rolling Heights Sub., Lot 12,
0.27 acres m.o.1. (Bailey, A94-17, LUP94-20HCP)
. ,
The applicant wishes to annex to obtain city sewer service for her existing single
family residence, assessed valuation of $62,600.
The appli'cant's property has a Countywide Future Land Use Classification of
Residential Low and should be assigned the same City classification. Other lots in the
subdivision which are in the City have been assigned RS-6 zoning or RPD-D zoning if they
have been annexed recently. The applicant's property should be assigned RPD-D zoning,
the zoning for areas with a Land Use of Residential Low (maximum density of 5.0 units per
acre) and dimensional requirements of the RS-6 district. Staff will be following up with an
, administrative rezoning in Rolling Heights to establish a single zoning classification for the
subdivision as part of a major Consistency rezoning program later this year.
minCC08b.94
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Commissioner Berfietd moved to receive the request for annexation, a land use plan
amendment to Residential Low and RPD8D zoning for the subject property and refer the
request to the City Clerk to be advertised for public hearing. The motion was duly
seconded and carried unanimously.
ITEM #49 - Ot~er Pending Matters
a) Progress Report re Pier 60 Park & Plaza
Assistant City Manager Bill Baker presented six renderings of the Pier 60 plan. He
said the look of Pier 60 wilt be extended to Coronado Avenue. There witt be a new single
smaller concession stand, landscaping, walkways, shaded areas, playground, observation
tower, etc.
Commissioner Berfield asked where the pool is located on the diagrams and Mr.
Baker said the pool was not included. Mr. Baker indicated the Commission was not in
favor of a pool. If the pool is kept at the same size it would seriously affect the project.
Commissioner Thomas said his intent was to build a covered playground, a covered
area over the sand and a covered pavilion seaward of the CCCL. Mr. Baker noted no
permits would be required if built landward of the CCCL. He said it will be difficult to
obtain permits if built on the seaward side; however, staff would pursue.
Commissioner Thomas said he would withdraw his original recommendation.
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Commissioner Berfield questioned how permits were obtained for the renovation of
the pier and Mr. Baker responded it was constructed on the same footprint.
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Mr. Baker said if the concept is approved tonight, an RFP can be sent in
approximately 1 5 days with responses due back in 45 days. Commissioner Deegan
questioned whether, this should be a national effort or the search be limited.
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Commissioner Berfield asked if the whole project will be bid on and it was indicated
the City will only be going out for bid for the Tower/Restaurant. Commissioner Thomas
said he is interested in a short time frame; however, would like to get as much coverage
as possible and suggested using the Wall Street Journal and USA Todav.
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Commissioner Deegan noted a petition would be coming in requesting that the pool
remain on the beach and requested further discussion at a later date.
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Mr. Baker noted staff will prepare a conceptual site plan without the pool.
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Anne Garris said a large group of people on the beach are researching the issue of a
, pool and asked the Commission not decide until the research is completed.
Commissioner Thomas requested Ream Wilson update his last memo to the City
Manager regarding the pool.
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Bob Bickerstaffe said he would like to see a pool on the beach by the Fire Station
with the other recreational facilities.
b) Rescind motion on Item #24 of 7/21/94 and continue to 9/15/94
Item #24 on July 21, , 994 concerned Public Hearing and First Reading of
Ordinance #5618~944, temporary uses in conjunction with outdoor retail sales.
Commissioner Thomas moved to rescind the July 21, 1994 motion continuing the
item to September 22, 1994 and continued it to September 15, 1994. The motion was
duly seconded and carried unanimously.
CITY ATTORNEY REPORTS
ITEM #50 - Other City Attornev Items
a) Res. #94~69 - Determining the necessity to construct improvements, repairs to and
rehabilitation of the East Plant Interceptor Sewer Line, authorizing and directing
condemnation of the necessary property
Assistant City Attorney Miles Lances requested this item be continued.
Commissioner Berfield moved to continue this item to August 15, 1994. The
motion was duly seconded and carried unanimously.
'iTEM #51 - Citv Menacer Verbal Reoorts
The City Manager referred to a letter from Alan Zimmet concerning an amendment
to his contract to provide additional legal services.
Commissioner Fitzgerald asked what the potential cost would be. Ms. Deptula said
IVIf. Zhnmet expected to be 'compensated at $125 per hour.
Commissioner Thomas noted every law firm has variable fees based on the person
doing the work.
Commissioner Thomas approved the amendment to Alan Zimmet's agreement with
variable 'rates based on who performs the work. The motion was duly seconded and
.' carried unanimously. '
The City 'Manager reminded the Commission of the Solid Waste Open House
tomorrow from'1 p.m. to 4 p.m.
, She distributed examples of city advertising proposed to be placed on the Jolley
Trolley. 'She stated if the Comm;ssion had no object;ons, she would authorize proceeding.
minCC08b.94
8/4/94
36
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She invited the Commission to attend a hurricane exercise on Tuesd.ay, August 9,
1994.
The City Manager asked direction regarding advertising the Florida Gulf Coast Art
Center's options to locate in Clearwater. Consensus to do half page ad in the St.
Petersburg Times.
She asked direction regarding marketing a restaurant for the Harborview Center.
,Consensus to do locally developing something inhouse.
ITEM #52 - Commission ~iscussion Items - None.
ITEM #53 - Other Commission Action
Commissioner Thomas suggested selling commercial time during Commission
meeting breaks. Consensus to wait to investigate until the City has its own channel.
This item is being tracked for December/Ja'nuary.
Commissioner Deegan referred to a letter regarding PST A receiving proposals from
sign companies to install transit shelters. It was indicated the sign code does not allow
advertising on shelters. Commissioner Deegan requested the code section. Commissioner
Thomas indicated additional shelters could be available if advertising was allowed. It was
indicated the Commission did not want to allow this because they can not regulate the
content of the signs.
He questioned whether the minutes can be shortened by reducing the amount of
'. background information included from the agenda item. The City Clerk will review.
, . He thanked'the City Clerk Department for being up to date on the minutes and
getting them. out ina timely fashion. He requested the Legal Department not to include
. closed ,out jt~ms on,their trac~ing list.
He ,questioned the status of the newsrack ordinance which the Legal tracking list
indicated went to staff June 14,,1 994.
JTEM #54 - Adjournment
The meeting adjourned at 1 :44 a.m. (8/5/94).
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