10/06/1994 (2)
<~'~ '.f~' .
j:~r:/:
r '~',' .
tC:..'
.' ~ ~,,:.
~:~~;~:.;:.: .
;r)~>, '
....
.'-~J~..I.~' ~ ; .
[~li;Y",'/\::'- : "
~""" .,', ' " --,
~L~; .:.;.~>~::..~..
fid~,v,: .:;:: >'
~fr.~1 .., ..
~~~~;;:::.!:/:\;;...::";"
~1t'ii~~:t~. '~~.<4. ":
I~;~:(;j~.:\ ..
""Sf.., , , "
~~~i~~~,~;~;' >;"
',1,:.,~ ",<"" ..
~~~,~~/:;.().' .',~ '
l'tJ.V:-~'," (:"', .
W:;-,,,~.<:,:,,, ' , ",' ..
~~j;/C:',:",>~ :;,:>',..,~
~'f;""': / .,', .... ,"
~~~~~/)<::;~: ..: :~:. "
r~~:t':;~_:~,./~" .": .
~~~f.}~~;~ ~;, :,~:.' i:' :::", ~",
~~~t{{r{~"\" t:r.(.: '
";;~;\t:~~''''-~'',n.':' ...'.
'r'~'l."""'; ,"""
\r~$;'". ....
....f,.~tl 1', '.....
:'~JI,~f(:i'?: . .
..... . -~..... '.~."'~;~ ....~ra...Ltli" T~~--" ~"'''''''~':.Z~~.$clA'''''I..''''V''''''It,
'~~:(~ff!j~~~B~!t~~;.j,;M.:~;.!;;;-';,;.:,,:>v>,c":,;..~ "..:. . ..... ,,:: ... "'j,' (; ..:'.: ..', .:. ;.:. .',.. ,.. .'. '. ,,; .,'.:'.',::.~,. "'''';:i..~,~\,:,~:,'.~.,;f.(, ,,',
In. ~ti~it::~tr...h..:~tt:it''''':~''~l'~;:'h\.:"l~...tj:,t.N'~~'''''l~~,<-l~;"'~"\;i:",..,;"j...~.:i:f~"-:....~..~:4:il',~;;,~",\ ,~~:l..~....~.< .".1:.,. I'~" _ ~'~f'~. .. I. .<..~~.,l.;. .. ~ :'_
Irt _... "':'~-;\....."e:'.~t;.~r"'v.-,,;~ tr::.~ t' f....tT_,', . '....~ ~. I or ,...,... ".
n~:>:'."
-, ,
~ . :. ~:,... I.
./, .'
tj ,..
~>, ,
. ./A ;
"
~ ; . i'
.:; ~', ..
l-:.
,", j
~ / .
.....
, '
~~.'":~. ~;:"'" .,'.:~.,
" ,
"
~~;', ':,
/.~: .',
.I'
~ .,'
..~ .. '
<:.C~ I
,t,," ,
'c:~'.:.
.,.......'.
... ....-"
COMMISSION
City Commission Minutes
'Date
.1JY4~ 1'911
.
"flSL
' ,
, . ,
. . ..
., ~. .
, ' ,
',' '.
,,'
'ct"
.':
'"
,.
--~
'. . ,,::~~ ~
c.,
.,,:c~~'~:~
. .'
,;
'\ .'~.: <
," .<,of\~
",' +' "} I -.~.~~:~
~~1~;~':~:;;':~':)~":,':,,,:..:~,,:::,. ,~'.,':, ',,~;
.'-
o'.', .
c, '.'<
. ~ . ')
CITY COMMISSION MEETING
',0
October 6, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, October 6, 1994 at 6:00 p.m., with the following members present:
~ l'.'
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Barfield
Arthur X. Deegan, II
" .... '
, .
, .
--:.~ .
.. "
..", ..
,", '
Also present:
'I~~~ .'
;:" . "..
'.
.... c'
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
-......
:,:~ . .
\' -: ~ .
I" . .
It~;.~.~ .
:~.~: .~~ . .
t~T ..
.~ · L, .
.:.;'=.
Mayor ICommissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Clerk
.. . . The Mayor called the meeting to order and led the Pledge of Allegiance. The
.irwocation was offered by Fathor James Rousakis of Greek Orthodox Church of the Holy
Trinity.
, ,
~ :..... .
t;.'.<'
~hO.
it. . ; 'In order to pr~vid~ continuity for research, the items will be listed in agenda order although
~~~{:, . , : not necessari1y discussed In that order.
~i. :':. , ' . .". . ,
Ui". .- .
~;;::"'~ ..... .' .ITEM #3 - Service Awards - None.
Wi~":',',;""'" " '. ,. , .
3,:,: . ,;. .... .,',' . . ITEM #4 - Introductions and Awards
';~.{:>.:.~".\. '., .' . .
'f:);':.':'.'~:..' .- .'. Larry Dodd introduced members of the Countryside Little League all-star team of
\:;\.,,: ,; ".< " nine and ten-year old .girls who recently won the District 1 2 championship in Naples, FL.
:;<':~: ';:.' . . . ....< '. " .
.....;;,>
iti{/'" .' '.'.
~~::~~.'>. :'::' ::. ',". .
~li~:~/;:'
fJi(!;: ..
~t:t~,',::.. '.;;,
;'('. :'.',.
..... ~ .
:r=:,O:'"
. Proclamation: Fire Prevention Week - October 9 - 1 5. 1 994.
Proclamation: . Domestic Violence Awareness Month - October 1994.
, ,
Proclamation: Lupus Awareness Month - October 1994
, !
ITEM #5 - Presentations,
",;,r ,
'. a) Neighb~rhood Advisory Committee - Annual Report
, ~ha report will be rescheduled.
, ininCC1 Ob.94
,;)t',;,: .' ..
:. ~:,;. ~. ";,' , .
i' \:~. ,I. I,'
'"
~:~~:'~~~J. ,'.
~,.n: . '; ,
1
10/06/94
,,'~':"'!<\"''':''..:~:.,'-:;,~;.tl,.'::~:~'1':,~;:~:~,::;.;-". ,:~~:',~::7,~ .,~. ~:".~f~~'~~.~~~~'. , T ;'.
, ~. '. .I' t '
~$~~--~-......~J~~.~.,',.
.". ..'.
/ ~I '<
.' ;.:~~, <' .' " .'
f. ~>':~ ~.
~:_.c~.\\c ." " .'. . >
, J"i. i ~ ,I ':.. . .. ~
:,i~ij~;j;.;. ~~,>~~;, ':. ,'; ,,;';"". ':"'.,:!I
, ,
l}:i:\",'-<~' ':!: .,'
, .t)
--
. ~ ' .>c
...01. c
.'
- ~.
';"
"0'
. ,
. .
;J" .
';::.
, "
$'i:..',
">c>
.:; .
~ . ~:' ~ '. .
~. ~<.c. .
~"'" "
/,},' .
" <. ,.
"..'.. .'
, .
>;. ~ '."', "
, '.
,. ,. .
.1" :.
,. .
c,..:
/:,":" ,:" '.
r~:' r~'
, ~ ~..
/;~>,~.c,::: '
~~.'~>>c : '.' .
J?>.~:~"" '.
~:...~tj. .,'.; .
~: ,..'
.:;. 1.... "
~:;;:\.,
.,1 ','
,. >,
I,
.~ .,
1'" .";.
.:,.,'0
'c:', '.
.. ,
'..
. ; o'
..~ ~.
ITEM #6 ~ Aooroval of Minutes
Commissioner Fitzgerald referred to page 21, 3rd paragraph, 1 st sentence, and
requested the word "saleu be corrected to read "purchase."
Commissioner Fitzgerald moved to approve the minutes of the regular meeting of
September 15, 1994, as corrected. The motion was duly seconded and carried
unanimously.
ITEM #7 ~ Citizens to be heard re items not on the Agenda
Charles Marcus said he had been subpoenaed and read his proposed deposition
regarding a pending case involving Amza Abdullaj. He requested permission to appear at
the next City Commission meeting to present evidence of a cover-up.
Dine Atkins referred to a sworn statement made by her father~in-Iaw, Jay Elliott.
She requested e copy of the reply from the Charter Review Committee to Commissioner
Thomas' letter regarding the Charter addressing public officials' responsibility to enforce
the law. She alleged City Commission members and staff violated the law and questioned
what recourse citizens have.
Tom Selhorst questioned the number of new businesses established in the in.fill
zone since January 1 994 and the effect on the tax base if none had been.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Qrd. #5695.94 . Vacating those lots & rights-of.
way in Chautauqua Unit 1, Section B and in Chautauqua Unit 2, Section A owned by
Florida Power Corp., less portion dedicated for Enterprise Road East, subject to all rights-
of,:way being retained as drainage & utility easements (Florida Power, V94-09HCP)
.' . .
Florida Power requests the vacation of the remaining portion of a plat known as
Chautauqua Section A, Unit 2, recorded in 1925, but never developed as proposed.
Subsequently, all adjacent developments have vacated their portions of said plat as they
developed. Florida Power's high tension power line corridor runs over said plat.
Cen~ral Permitting Director Scott Shuford referred to a letter received from Majestic
Property Management, Inc. expressing concerns regarding drainage problems at the Europa
. . . of Countryside Condominiums. He stated this issue is being addressed by staff but does
'. ' not a~fect the vacation request.
. Commissioner Fitzgerald noted the letter cited stormwater retention difficulties.
Assistant City Manager William Baker reported stormwater enters the Europa property
from' the north and exits to the south. The subject property abuts Europa on the east. He
indicated staff is satisfied the subject property does not effect Europa and said the City
will be' addressing the problems at Europa.
, minCC10b.94
2
10/06/94
~ :. ". -
T, :. ~ . oj
. . ~ ..
, :.
1," ,',". .:'
,"
!.:........ . ~ \ ,
:-~.1+. "
,-, ,
n
, ~ '-...'.,
,
>0
"
"',
f' , '
;' ,
"
~ / .
t < ".
".
" "
t C~L ' ,
.' .'C
. ,~ .
!"'. ~ "
";:: .:'.> .
. ,., .
"'., "
<le.' '..
::1....1..:
f,..':"; ,'. : '
,,.,.,. .T
:\'\~:CO,~\
:fi\:j': '
~ ~,l
~'t .:' ~ ::C "
'; ,:.;.'. ":
'.C'
, '
~':'.
' ,
, ,C,
, ' '
Commissioner Thomas moved to approve vacating those lots & rights-of-way in
Chautauqua Unit 1, Section B and in Chautauqua Unit 2, Section A owned by Florida
Power Corp., less portion dedicated for Enterprise Road East. subject to all rights~of-way
being retained as drainage & utility easements. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5695-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5695-94 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 #9 - Public Hearino & First Refldina Ord. #5696-94 ~ Vacating N 12' of 60' drainage
& utility easement retained in a previous vacation of Lotus Path lying S of Blk 34 & N of
Blk 39, Magnolia Park Sub.; authorize the Building Official to issue building permits after
first reading (Lotus Land Investments, Inc., V94-13HCP)
The applicant's site plan is for a proposed building to be located on the north 12
feet of an existing 60-foot drainage and utility easement. The applicant was previously
, granted the vacation of the 60~foot right-of-way for Lotus Path. east of S Ft. Harrison, to
be retained full width as a drainage and utility easement. The applicant's initial proposal
for a two story building did not require use of vacated Lotus Path right-of-way. The
applicant now proposes a one story building with a larger foot print utilizing 1 2 feet of the
original right-of-way's easement.
The City's existing two-inch water main is located within the 12-foot portion of the
60wfoot drainage and utility easement. The applicant has agreed to relocate the water
main at his expense.
Ed Armstrong, attorney for the applicant, indicated the applicant's desire to begin
construction after first reading if the Commission offers no objection to the vacation and
building permits are issuable. Mr. Shuford agreed that was part of staff's
. recommendation.
Commissioner Thomas questioned the property's drainage and asked if the City
would be responsible for .future flood damage. Mr. Baker stated the easement was
originally a GO-foot wide road. He said there were no problems related to drainage, only to
the' water line, which the applicant will pay to relocate. Commissioner Thomas questioned
if the fanguageprotected the City from liability. Mr. Shuford reported the property will
belong to the applicant and no longer be the City's responsibility.
Commissioner Berfield questioned if the 2nd reading is denied. would the City be
, fiablefor costs incurred by the applicant in pulling permits. Mr. Armstrong indicated the
applicant will proceed at his risk and agrees to be solely responsible for any progress
, ' made~
minCC10b.94
3
10/06/94
--...... -... . ".' . , 1'.-'.
t "'M.Aa~io~,.iJw.._"'1.:...n""'.4>1'~li_' ........~ ,.n~l ..~".. ...."'- "~'~t~'~.~)~:I~:;k';t?~Jf.:\:""'~;'I-~')Irt'I~;.I...:t~.;~n:'~"'~"J~,\:""'Y'lf""'''''''.w................~
" ,
i ,I:' ,C' T" '. t.
[i1:::.::~;:~:f:'L;)/> :,:',:: <, '::":,' < ':~: ,;.\ ,',. .:,', ,: ,:.,'.:. ,
:. . l : ,:., .'
" ::.. c: . I .'
... . ,.~".' : ,. . ~"':"~'. .(. . '.~'. '. .; "', ....: :...1 ,.' t. .,...;,.' ...~., ": ," '. , ..: ... .'~~
~.. ~ ~ .""'.;_"_'_H"' ..----......~...,.:r~I;;~~..,..----.
, .. \ ~." . .
. " , ~ ' .' , .
ifi{;:'sf:~Jl~),~,~\;l:~,'~::),:':,~,::',.~:::>~.,' :~::~: 'r\;:,"'.~ i~:' ':', ,',',
t.~:."1' .'
.?,,;:: .
~
,
~ <' I
~
.
";
~ c"
"'0
.).. .
t' c
:.:~ . c
7> :.', '
1" '",' ,
;". :;'
;,-. ','
.' ~.' .
."." . .
~ ~.<",
, ~ .' ~
"::',,' '.~
~. .
<:,~"..' .~.
,'2..
"','< "
>+ T'
.. .".
;;.~..,.~ "< . . c
,. ~.,'~ .
'-(:.'" "
';~ .
~.::>~~ T" ,
". '.
+.L.
,: ~\ ..
.r,. .,
"
~ . p. .
~.. ',::"
" '. '
'.;1: "
:';' 0'
. '
.~ " .
.'\ '.'
:('
" ,
, ; ~ ;"-
~'. . ~,
.,l,l, , >
Commissioner Fitzgerald moved to approve vacating 1 2 feet of the drainage &
utility easement retained in a previous vacation of Lotus Path and authorize the Building
Official to issue building permits, when in all other respects appropriate. after first reading.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5696-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5696-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Fitzgerald, Berfield, Deegan. Thomas and Garvey.
"Nays": None.
ITEM #10- Public Hearina & First Readina Ords. #5685.94. #5686.94 & #5687.94.
Annexation, Land Use Plan Amendment to Residential Low & RPD-E Zoning for property
located at 1700 EI Trinidad Dr., Virginia Grove Terrace. Blk 2. Lot 1 (Mumford Investments
Ltd., A94-19. LUP94-22HCP)
The applicant wishes to annex the subject property to obtain City sewer service for
a single family residence he plans to construct under a County building permit. The
property abuts SR 590 and is contiguous to the City.
Most of Virginia Groves Terrace subdivision is in the County. The few City lots in
the development have a Future Land Use Classification of Residential Urban and zoning of
RS-S.. Staff proposes assigning the property the same classification as presently assigned
on the Countywide Plan.
On September 13, 1994, the Planning and Zoning Board held a public hearing on
this application and unanimously endorsed to the City Commission the proposed
annexation for Residential Low and Residential Planned Development-E.
Commissioner Thomas moved to approve the annexation, Land Use Plan
Amendment to Residential Low & RPD-E Zoning for property located at 1700 EI Trinidad
Drive. The motion was duly seconded and carried unanimously.
:' The City Attorney presented Ordinance //5685-94 for first reading and read it by
title only. Commissioner Berfield moved to pass 'Ordinance #5685-94 on first reading.
The motion was duty seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield. Deegan. Thomas and Garvey.
"Nays": None.
. The City Attorney presented Ordinance #5686-94 for first reading and read it by
title only. ,Commissioner Thomas moved to pass Ordinance #5686.94 on first reading.
.. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Fitzgerald, Berfield. Deegan. Thomas and Garvey.
!
"Nays": None.
minCe 1 Ob.94
10/06/94
4
.,.---....._~---~;....-&.~~t..dt.:~j,:.i'~~-;.fA~~,,~~;r..r..:.~-~~
" c ~
','
'~~\l~~':.. . J.
"
(
" .
. ~
_ ~ . c
..'.0
"
, '.
\. .
4 ~ ,:: "
4~ '.: .
, ;'"
0.. ..'. ,
~ '. ~
),1, .' ,
:"~ .
~ .1,'
.~, .
.,:' .
.~; . ' '.
:\';; '.
"........, .
.{', : ~ -: ~ . '.
'. ~,.;' ,. . , .
,... .
.</) c. . ..
~'::~ >:~' : ~ .
:).~'.:\,' \
I',.;':' ,
.'" c
,. .
~ ~ r. .
~',~, ':c I
..'(." .
. t.' .
.-/.
"'0
;, "
.' .
., . .
.~. .', .
, ....
h. .... . L
'.(
The City Attorney presented Ordinance 115687-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance 1/5687-94 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 #11 - Public Hearing & First Reading Ords. #5688-94, #5689-94 & #5690-94-
Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property
located at 375 Hampton Rd., Sec. 17-29-16, M&B 13.06 (City of Clearwater, A94-18,
LUP94-21 )(CP)
The City has purchased the subject property, approximately 620 feet north of Gulf-
to-Bay Blvd. on the east side of Hampton Road, for use as a retention pond required for
Hampton Road improvements. Within the proposed zoning district, utility facilities are a
conditional use. Once the preliminary design is complete. a conditional use application will
be made.
On September 13, 1994, the Planning and Zoning Board held a public hearing on
this application and unanimously endorsed to the City Commission the proposed
annexation for Residential Urban and Single Family Residential Eight.
Commissioner Barfield expressed concerns with the recommendation to change the
zoning to one requiring a conditional use permit for utility facilities. Mr, Shuford stated a
zoning designation was chosen that did not require a six month review by the Pinellas
,Planning Council and the State. He indicated staff recommended a minimal classification.
Commissioner Berfield questioned if the subject property could be designated as a
preservation zone. , Mr. Shuford explained the property is not natural and that designation
would require a land use change.
Commissioner Berfield questioned if the pond was being constructed for quality and
. quantity. Mr. Shuford agreed both would be addressed.
Commissioner Thomas moved to approve the annexation and Land Use Plan
Amendment to Residential Urban & RS-8 Zoning for property located at 375 Hampton
Road. The motIon was duly secondod. Upon the vote being taken Commissioners
Fitzgerald, Deegan and Thomas and Mayor Garvey voted "Aye;" Commissioner Barfield
voted "Nay." Motion carried.
The City Attorney presented Ordinance 115688-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5688-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nayslt: None.
minCC 1 Ob.94
5
10/06/94
-. -.....~- ............ < - c'
.. - ........--...~\I.~~.ai~.ji%~~~~~--j...;,.....~............,_\\.,..,..;.~~
_.-.....---........~'Qil)~J.-..;....;.l"~t..h'.i...a
'-/ ::' , . ~ ~. ..'
t~~l:';:;A:.;.;rj.!i:/(,:;',..,':',~,~,;,:.;.. :'';<;'<.'~.: ::::f;;::':< ':<' "
.. . "
> '.,.. ".
~.~~: ~ ,..,: .! r,
:f/' -i~, ]'. .
:~
- >
~.. '
.', '
".;:.
~ . . .
..... ,
, ,
"Q'
. '. ' .
. , , '. ";~
'.:: ~ . '
{:..:.: r
~.~: ~:
" '
'."!
~ TT ,
'., .
I ~' , ~
:\.::'~ :f
,. .,\.
!;';\>: .
~. '",
. ~ ..' . '.'
">',' .
~T:/;_."J..: :'. : .
,., 'T',' .
S..:' . "
).:;:~::."" , .
::.;. ~::.. . f : '
. ,.'
1:'." . .
, .
:':'0 "
..
. '
;. ,--, ~
.; '.. '~', .'
:' ~~:~"" '
, '
'. . "
.,. ".
.:; , ' ~
The City Attorney presented Ordinance #5689~94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5689-94 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": Berfield.
Motion carried.
The City Attorney presented Ordinance #5690-94 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance 1/5690-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": Berfield.
Motion carried.
. ITSM #1 2 ~ Second Readino Ord. #55 71 ~94 - CPO Zoning for property located at 706-71 2
Magnolia Drive, Magnolia Park, Blk 31, Lots 6-9; aod Final Site Plan subject to DRC & P&Z
conditions (Shaughnessy, fin/a Nations Bank Florida,. Z94-03HCP)
I
I
, The applicant wishes to obtain a zoning change to Commercial Planned
Development for the subject property to permit the use of the existing structure for a
congregate care facility with approximately 32 beds. The Future Land Use Plan
Classification of Commercial General would not be changed.
The zoning change ,would permit a maximum density of 24 units per acre, or 48
.. beds 'per"acre. The recommended permitted uses for the Planned Development District are
tnose ~ses permitted in a Neighborhood Commercial District tSec.40.323) plus Congregate
Care Facilities and Levell. and II Group Care Facilities.
.' The applicant intends to lower the structure's walls, replace the flat roof with a
pitched one, increase landscaping by removal of some parking spaces not required for the
new use, remove the arched drive off Myrtle Avenue and landscape the frontage.
. On June 14, 1994, the Planning and Zoning Board held a public hearing on this
. application and unanimously endorsed to the City Commission the proposed Zoning Atlas
Amendment to Commercial Planned Development subject to the permitted uses being
, .' limited to: 1) level I group care; 2) tavalll group care; 3) congregate care; 4) indoor retail
. sales; 6) personal services; 6) restaurants; 7) business/professional offices; B) funeral
,,: homes: 9). accessory dwellings; 10) nonprofit social or community services; 11) multiple~
family dwellings; 12) townhouses; 13) three-family dwellings; 14) two family dwellings;
. 15 detached single~family dwellings; 16) family care; 17) remote switching stations; 18)
. .accessory uses and conditional uses be limited to: 1) business services; 2) alcoholic
. , beverage sales (consumption on premises); 3) alcoholic beverage sales (package sales): 4)
.mlnCC10b.94
6
10/06/94
......., +.. ~ ........... ,., '._-n-
, . . .
-: ~........~.... ...(....~I- l' ~.-_.,.. .
~........~i.:."I-J'..;.,;'~w,;:.:@;;J::Ji:i,i~...~~~;....(:.'-J.:...;;:'..;.;,;.>;.ri..o1-
ll~~i::'):~j.:i}l:;~:i~~:~L/,,~~L,./~;:'~~, '~'::,.';,<..: ~~,~':<,~':',: :.:~,",,::: ,; '"
.", .'
, :.; ~.:.,. I. ' , r
; ~'.'
y~~:~:~ '.' .,
......
,0
"',0."
:~:: .
".. .
, ,
t~
~ c "'-II
, '
\'
child day care; 5} veterinary offices; 6) residential shelters; and 7) non commercial parking,
and that signage be as specified for Neighborhood Commercial District. This would restrict
signage to a freestanding sign with a maximum area of 50 square feet and maximum
height of 20 feet, and attached signage to a maximum area of 48 square feet.
On September 8, 1994, the Development Review Committee reviewed the
proposed site plan and recommended the City Commission approve the site Plan subject to
conditions: 1) Signs and fencing/walls are subject to separate review and permitting
processes; 2) The requisite building permits must be procured within one (1) year from the
date of certification of the final site plan and all requisites certificates of occupancy must
be obtained within three (3) years of the date of certification of the site plan; 3) Prior to
construction, the owner shall provide a release letter holding the City harmless for
demolition work; 4) Prior to certification, the Dumpster Requirement Form must be
completed and returned to the City Sanitation Department; 5) If the existing Fire
Department connection is relocated, it shall be a minimum of 15 feet from the structure,
adjacent to a paved drive, and within 40 feet of a fire hydrant assembly; 6) Prior to
issuance of a building permit. a copy of the approved SWFWMD permit is to be provided
to Engineering Site Plan Review; 7) Prior to certification, the existing circle drive off Myrtle
Avenue shall be shown as removed and new curbing installed to close the existing
, driveway openings; 8) Prior to certification, the radii for the driveway openings shall be
shown as a minimum of 15 feet; 9) Prior to the issuance of a building permit, the
landscape plan shall be revised to include 28 interior shrubs.
On July 21, 1994, the City Commission approved the rezoning subject to the
conditions recommended by the Planning and Zoning Board and the Development Review
Committee, and passed Ordinance No. 5571-94 on first reading.
Scott Shuford stated this project should be an excellent addition to the
neighborhood.
Commissioner Thomas questioned why the second reading was delayed. Mr.
Shuford indicated the final site plan needed to be approved by the Development Review
Committee.
Commissioner Fitzgerald questioned if the zoning's maximum density is 48 beds per
acre, how staff calculated 32 as the appropriate number of beds for the 0.59 acre subject
property. Mr. Shuford agreed six-tenths of 48 is 27. Patrick Shaughnessy, applicant,
clahned City staff advised him a minimum of 32 beds would be permitted before he
purchased the property. Mr. Shuford recommended the item be continued to resolve that
issue. Commissioner Thomas noted the wording states "approximately" and suggested
the applicant return with the correct number of beds for that sized property. The City
Attorney [reported the Commercial Planned Development's site plan which will be approved
by this second reading contains 32 units.
Commissioner Berfield moved to continue this item until October 20, 1994. The
motion was duly seconded.
minCC10b.94
10/06/94
7
~~r:;~: 7\,:: ;[:..:;:' ':' ~.~' '~H ,:'.., -,~' : ,.};~, ;:~~:(":'"'.~~~~\E:.~'~it&*;J';'~~f:;~~'ii,i>>"ArJt!~:~;,#I:.. :~i:;:~,~':( .,/~.\ '.:4: ,>~~,>' ,/'~:.';~,: ",~'~~:,.,:" ~~~,.." "....:' '.,.,~. . ..'.1,..'''....
c','
, ,~;,
, ,,'
tJ
\,_~;
<. .
. .
.0'"
~~f'..
J./,rJ
~~;! '
~'~/'
,l'V;{':
~r
l,~ .'.'
!r'"
,~ <. t ' ,
'""''';?'. >"
\-:..:':., .
..1 ~ '
I"~ .' t..
.. '
"
"
" ,
~ ~ c .
. .
, .~
,
, 1.<
,I c . .
, .
,~;. .
'.'
II~. \.....
"'0'
. '
., .
Mr. Shaughnessy reiterated he purchased the subject property based on advice
from City staff that 32 beds would be permitted. He questioned why this was an issue
after all this time. The Mayor apologized for the delay and stated Mr. Shuford would
explain what happened. Mr. Shuford apologized as well. Mr. Shaughnessy questioned the
definition of a "unit." Mayor Garvey recommended he work with staff. Commissioner
Thomas noted the number of beds was a critical component of the applicant's plan.
Upon the vote being taken, the motion carried unanimously.
ITEM #13 w (Cont'd from 09/01/94) Variance(s) to SiQn Regulations for orooertv located at
20967 US 19N, Sec. 17-29-16, M&B 23.05 (Clearwater Motel, Inc.lHoward Johnson
Motel, SV94-24HCP)
The applicant requests an area variance of 69.2 square feet from the permitted 112
square feet to allow a freestanding sign with an area of 181.2 square feet. The subiect
property, north of Gulf-to-Bay on the east side of US 19N, is zoned Highway Commercial.
The variance is requested to replace two freestanding signs with a single sign.
Scott Shuford reported the proposal is considerably larger than allowed by code.
He said staff can support a smaller variance.
Mayor Garvey questioned if a new sign had to be erected due to the change of
ownership. Mr. Shuford indicated a face change permit for a non-conforming sign could
be issued.
Todd Pressman, representative for the applicant, verified pictures of the property
presented him by Mr., Shuford. Mr. Pressman explained the reason for the request was
based on concerns regarding traffic and public safety. He distributed a photo of the
subject property and indicated the proposal was to substantially reduce the size of the
existing sign. Two separate businesses occupy the site. He expressed concern regarding
visibilJty by southbound traffic. He distributed two photographs illustrating the approach
to the property from the intersection of Drew Street and US 19N and noted Howard
Johnson is the last commercial location on the frontage road. He stated this problem is
compounded by the density and speed of traffic on US 19N.
. I
i
Mr. Pressman referred to the staff's report and proposed a reduction of the request
to a 37.83 square foot vadance. He noted the property's wall signage is less than half of
what is permitted. Mr. Shuford referred to the rendering of the new sign distributed to the
Commission. He reported the proposed sign is two feet narrower and one foot lower than
. the one included in the original variance request and represented a reduction of 30 square
feet. .
Commissioner Thomas noted the proposed sign would be approximately 150 square
feet and questioned if that is the standard for commercial property freestanding signs in
other zones. Mr. Shuford replied that sized sign would be permitted in a shopping center.
Commissioner Thomas questioned if the size of the property is comparable to a shopping
minCe 1 Ob.94
8
10/06/94
".Il..io,(~'~MH\:.;.~ki-':::J!i~~_/ ,..{'.~ .....~~~h ~.. ~ ~~ L . .,;-/' -r..;,,: ..; \~:.I ...J. .. . ~. ~ .' ~,:.~. ..... ~;";i:'\ \4-'~.'q:';'~'~:..';~'~;,,:......u;;'~iX....<..t~j...~l.~;.f..;....:..owa
.' . -. t-~'~"'''..1oc-~1t4~.I't}W'.,;~-U~~.,i~~:'M~~t'Jl~f~~JJI''::~r\tjl........,-.N1- ...
'.
'~;/""..
\\i\' "
()
.~.....
.'Q
~. .' .
\ .c,.
,r,'. . > c
,. ,
, .'
:~ /..
:1,'"
,
. <~.
'. ,
,.
.'"<
" ,
~' ..
,~
.',".W
"
';...
,'.
center. Mr. Shuford stated a shopping center usually requires four acres. Mr. Pressman
reported the property is approximately 4.4 acres. Mr. Shuford indicated the property
conceivably could be zoned Commercial.
Commissioner Berfield questioned the size of the present Comedy Club sign and
suggested that sign could be removed. Mr. Pressman acknowledged that was the
applicant's intent. City Manager Elizabeth Deptula questioned if Mr. Shuford had seen the
alternate proposal before tonight. Mr. Shuford indicated he had not. Ms. Deptula
endorsed a continuance as she does not favor negotiations at the City Commission
meeting. Mr. Pressman stated the applicant was only cutting back on the sign's square
footage.
Commissioner Berfield moved to continue this item until October 20, 1994. The
motion was duly seconded and carried unanimously.
Mr. Pressman requested the photographs he distributed be available at the October
20, 1994 meeting.
ITEM #14 ~ Variance(s) to Sign ReQulations for prooertv (Coachman Square) located at
2620 Coachman Plaza Dr., Sec. 5.29-16, M&B 33.07(Parise, SV94-30HCP)
The applicant requests a setback variance of five feet from the required five feet to
permit a freestanding sign zero feet from the SR 590 right-of-way. The subject property,
east of US 19N on the north side of SR 590 is zoned Highway Commercial. The variance
is requested to replace the existing sign.
Mr. Shuford indicated staff usually recommends approval for similar requests when
there is an existing sign. Staff suggested a shorter sign in the proper location could be
seen below the trees.
Constance Parise, applicant. verified pictures of the property presented her by Mr.
Shuford. She indicated the edge of her property is 25 feet from the road and the five-foot
required setback, locates her sign 30 feet from SR 590. She said her property is one lot
loft US 19N, hidden behind a gas station. She stated her tenants need visibility.
Commissioner Thomas referred to the pictures of the property and questioned if the
neighboring signs had a zero foot setback. Mr. Shuford reported the Countryside Cleaners'
sign is located five-feet from the property line, behind a hedge. Commissioner Thomas
questioned if there was any reason why the applicant's sign cannot be like her neighbors'.
Ms. Parise stated traffic on US 19N can see the cleaners' sign due tp the lack of trees on
the neighboring property but not hers. Commissioner Thomas noted trees can be trimmed
. from the bottom. He suggested lowering the 112 square foot sign. would make it more
visible. Ms. Parise said the sign would be more visible from US 19N if it was five feet
closer to the road.. Mayor Garvey stated she looks for address numbers instead of relying
on signs when traveling on US 19N.
minCC 1 Ob.94
9
10/06/94
!.
/'
----w.~~)f.1.~~~~~~.~I;.J~u;~..i;\i:;,~~\.~a.i:Q~1dl.U'Nw-:j."~~~
~~'.:,',~':':,-:::-:,_...'~-_.
";:',t,JJ'
~'j-" ""
11,. ,
"~ . c ,
. .r;.
~
,-.-.,
o
,-
I ~".
. ..
! ~ "..
,',
o
Commissioner Thomas observed the right-ot-way in tront of the applicant's
property appears to be excessive and questioned if there were plans to widen SR 590.
Mr. Saker stated he did not recall any such plans. Commissioner Berfield expressed
concern regarding setting a precedent by approving this request. Ms. Parise indicated the
cleaners' sign is the only nearby sign and the owner has said he has no problem with her
sign. Mr. Shuford reported the cleaners is in the City but their sign is on County property.
He explained the City's 1 OO-foot right-ot-way narrows to 80 feet in the County.
i
!
I
Commissioner Deegan referred to the survey and noted the oak trees on Ms.
Parise's property. He agreed that traffic approaching from the east would have difficulty
seeing her sign. He felt there was a need for more signage as far south as possible. Mr.
Shuford agreed the property was disadvantaged by the size of the right-of-way.
Commissioner Thomas spoke against staff's recommendation based on the
vegetation growth and narrower right-of-way next door to the subject property. He telt a
hardship existed as the visibility of traffic turning east off US 19N is blocked by the oak
trees.
Commissioner Deegan moved to approve the setback variance at five feet from the
required five feet to permit a freestanding sign zero feet from the SR 590 right-of-way for
property (Coachman Square) located at 2620 Coachman Plaza Drive due to meeting the
standards of approval because the adjacent county property has a different width right-of-
way, subject to the condition that by constructing a sign within the street setback
pursuant to this variance, the owner/applicant agrees that no governmental agency shall
be liable for the cost of relocating or removing the sign in the event the property is
. acquired by' eminent domain for road widening or any other public purpose. The motion
'was duly seconded.
Commissioner Thomas noted his support for approval of this variance was based on
the difference in the width of the right-of-way between the adjoining City and County
properties. Commissioner Deegan suggested staff may not have been fully cognizant of
the varied width. Mr. Shuford agreed he was more inclined to recommend approval based
on the right-of-way differential.
Upon the vote being taken, the motion carrted unanimously.
ITEM #15 - Variance(s~ to SionReoulations for orooertv (Coachman Crossinn) located at
2481 N.E. Coachman Rd., Sec. 7-29-16, M&B 13.01(Sherman, Trustee, SV94-32)(CP)
The applicant requests an area variance of 7.5 square feet from the permitted 24
square feet to allow two entrance signs, each 31.5 square feet. The subject property,
west of Florida Power's right-of-way on the southeast side of N E Coachman Road, is
zoned Residential Planned Development 14. The variance is requested to permit the
existing signs to remain.
Mr. Shuford stated the entrance signs are low, attractive, and located in landscaped
beds. He reported staff recommends approval of this request.
minCC 1 Ob.94
10106/94
10
tt',,~}~.;;:<~~:i;'T:..:<:~,:~, ", '..:/ ',' ";;.,~: '" :. .
n .....~~.,;~:lJ,~~~...;..?:..,t~i...:;..~r~.i.;.: ..~ 1 ~Lr.~~":-~ t,r!Ii.;'/~'~:r:"" ~i;'J"'" ;';'v."f; ,~~.:.r,lt{:', Jat;}~~~,z;.it~."(~n~~....~.~~'~
<' ~ .. . . 'l ~"''L>~'Iij,'~'''-j."VJ'';'''.t~''..'t.!-'''''f'P"J;i!-'.....C.;o.;.lt\'''~~ .,
. . .: . . . '.
. .
.~ c ~
1".. .
. ,
f'..
Commissioner Deegan moved to approve a 7.5 square foot variance to the entrance
signs to allow two entrance signs each with an area of 31.5 square feet for property
(Coachman Crossing) located at 2481 N.E. Coachman Road. The motion was duly
seconded and carried unanimously.
,rEM #16 - Variance(s) to Sign Regulations for orooertv (Jesse's FlsgshiD Restaurant)
located at 20 Island Way, Island Estates of Clearwater Unit 5, Blk C, Lot 2 & part of Lots
1 & 4 (Twenty Island Way, Inc./Johnson, SV94-33HCP)
The applicant requests the following variances: 1) an area variance of 60.7 square
feet from the permitted 64 square feet to allow a freestanding sign with an area of 1 24.7
square feet, and 2) a height variance of one foot from the permitted 20 feet to permit a
freestanding sign 21 feet high. The subject property, on the southwest corner of Island
Way and Windward Passage, is zoned General Commercial. The variance is requested to
permit the existing freestanding sign to remain.
R. Kelley Johnson, representing the applicant, verified pictures of the property
presented him by Mr. Shuford. Mr. Johnson stated his wish to address three points: 1) an
objection to including the reader board in calculating the sign's total size; 2) the sloping
property's affect on the sign's height; and 3) a notation that only a 23 square foot
variance would be required if the reader board is not included in the square foot calculation
. for the sign. He indicated a hardship exists due to the restaurant's location off Memorial
Causeway behind mangroves that block motorists' view of the sign. He predicted a
change to the sign would negatively impact traffic to the restaurant and force a reduction
in the number of employees.
".0.
Bob Bickerstaffe spoke in favor of the request. He felt the sign fits in the area and
a change would cause a hardship to the business. Mayor Garvey noted if a new sign is
required, the one foot height variance request would be unnecessary.
~ I .
Commissioner Berfield questioned when the restaurant was built. Mr. Johnson
responded it was originally built in the early 1980's and rebuilt in 1987. The sign was not
rebuilt.
. '
. .:~ ~ .
Commissioner Deegan agreed the height variance request does not bother him. He
disagreed with the suggestion that the message board is not part of the sign. He indicated
he would endorse approval of a 23 square foot variance if the reader board is removed.
He realized people read the changeable messages but felt it adds clutter.
Commissioner Thomas noted if the variance was approved as described by
Commissioner Deegan, a 23 square foot variance would be granted. He felt a reader board
is critical to the restaurant and suggested one could be designed to fit into a sign that is
the'same size as the one recommended by Commissioner Deegan. Commissioner Deegan
. stated he would not approve such a sign without first seeing it. He felt the present sign is
attractive.
C.,
" ,". I'
....... ,
J \~.
.' i '. ..:. .
.:. .1", c
+ ;. ~
",." .
Mr. Johnson stated the reader board is an integral part of the sign. He indicated if
it had to be removed, he would consider other ways to attract customers. He said if
forced to rebuild the sign, it's character would change.
.0
minCC 1 Ob.94
11
10f06f94
T.. .
~;;':,;:" rJ_:,~':::, ,...... '.
..........-----~f'ivIlI."..J,.l'oo_~-~...~"" ,.,
'".' _P--'\O~"\II."'I.~':"'~~:1~~~';'~ :.;l~~~fj.~~jd;;:J.r",~~....::.;..;.,~..s:r'tJ.J)_~~i'~~
; ,
r. . . . .,' . .' I . . .'. ; ..., ~ . .' . ..... '. .... . . '. '. . '. " . . .
" ..... '0' . . ..',: " , . . '~'. .:.:....... I :.. ," .;' -, ". .... '~'. ;,' 1 ~ :' :. .'. .... ...,.....".. ," :.~.'::' .':'. ......~
c~~~..1\t .
. ~' . - c
~
.' t'
:"'0
. "
: ~ .
0'. I
. "
~~, .
':~ ...
,,'
":<
, l~}: ~.
, '
'. ~ ~
;., "
. ., ~ . .
"/ !
!'::~". c.
,'- ,
0', . .
.'>",T.,.
.'. .
I, .
"A
, ....,
"
'. .. .~, . .
.1 .c
~ < '
Commissioner Berfield suggested continuing the item to permit the applicant to
return with another option. Mayor Garvey noted the Commission might be willing to allow
a quality sign. Commissioner Deegan noted that request would require a new application.
Commissioner Deegan moved to permit the current sign without the reader board
resulting in a 23 square foot area variance and to grant a one foot height variance. The
matron was duly seconded and carried unanimously.
ITEM #17 - (Cont'd from 07/21 & 09/15/94) Public HearinQ & First Readino Ord. #5632-
~ - Amending Sec. 41.053, to allow consideration of temporary uses In conjunction with
outdoor retail sales, displays and/or storage conditional uses, amending Ch. 41. Divisions 7
& 8, to significantly revise existing requirements for temporary buildings, portable buildings
and tents, and for temporary retail sales and displays, amending Sec. 42.34, to delete
requirements for temporary commercial parking lots as found in the section (LDCA 93-
22)(CP)
The staff has identified amendments to the City's temporary use ordinance
requirements as a priority. Temporary uses include: Christmas tree sales; special
promotional displays and sales; nonprofit organization fund raising events; and other
similar uses. The draft ordinance combines two separate sections of current City Code
into a single section dealing with temporary uses.
Major differences between existing code requirements and the proposed
amendment are: 1) More clearly establish approval time periods for specific types of uses
under the proposed ordinance and locate all temporary use information in a single code
section; 2) Establish specific use requirements for different types of temporary uses; 3)
Remove the City Manager from the appeal process and direct appeals to the Planning and
Zoning Board or the Development Code Adjustment Board. as applicable; 4) Eliminate
restrictions on outdoor sales uses that prohibit use of tents and temporary buildings for
such uses approved as conditional uses; staff regards this a inequitable, as some
permanent outdoor sales uses are "grandfathered, II do not have a conditional use permit.
and are allowed to have tents; and 5) Address signage for temporary uses.
Staff feels these changes would greatly simplify current land Development Code
requirements as long as specific time frames are established, a suitable mechanism is
provided for bo'ard review of temporary uses not meeting specific standards, and review
and application processing requirements are streamlined.
The Development Code Adjustment Board recommended approval of the ordinance
as written.. The Planning and Zoning Board recommended approval of the ordinance with
., the following changes: 1) Increase time allowance for outdoor bazaars from 3 days to 14
days; 2) ,Increase time allowance for open lot sales for nonprofit organizations special
fundraising sales from 3 days to 14 days; and 3) Increase time allowances for fairs, etc.
from 3 days to 7 days. Staff agrees with the recommended changes and incorporated
them in the ordinance.
Mr. Shuford expressed concern regarding temporary commercial parking lots and
. indicated the proposed ordinance provides for some limited commercial parking.
minCe10b.94
12
10/06/94
, "., ~ ~ .: .~: ~.
-, .
~f;~f1i:~-:;':'~/,:;'<"",~': ~.;, (.:: .:,;' ,'': ':':", .!,),'.~.,:,;:::
....... -""-.............~f~~J:;t~~.t~....'i~i~~~w~U"';..;1!~l. H ~.".::..:~.u..~~.....
..E~tI..L~,.,.,.~...
. ',' , . , . ,..., .. " . ' , . ' ' , " to' :.: ~" '0 ' .' '..' , :. .' . . 0" .. '.'.' . . ":" . . '. ., ..' ... . .' ' ': ' . '. .,'. :. .
i:;:<."/ 1
,~
Commissioner Thomas questioned removing the section regarding temporary
commercial parking. Mr. Shuford said on occasion, temporary commercial parking has
been permitted, however, the current practice is to not allow commercial parking for those
that do not have excess parking spaces. Commissioner Thomas questioned if the removal
will cause hardship. Mr. Shuford indicated this provision has not actually been used for
the past three years.
Commissioner Deegan referred to the fourth difference listed and questioned if the
old restrictions were inequitable. Mr. Shuford agreed and said this kept some from having
tent sales and was inequitable.
c,
'J
Commissioner Deegan referred to Agenda Item 28C, Other Pending Matters - Motel
Parking, and Mr. Shuford's September 19, 1994 memorandum and recommended no
decision be made regarding this ordinance until the City Commission reached a decision on
Item 28C. Mr. Shuford noted if substantial changes are made. the ordinance will need to
be sent back to the Planning & Zoning Board. Commissioner Deegan recommended the
total Item be discussed later. .
I
I
,)
I:. .
The City Manager questioned if the delay will cause any problems regarding
pumpkin sales, etc. Mr. Shuford agreed it could complicate the issuance of permits for
those uses. Ms. Deptula recommended approving this item and addressing the parking
issues in a separate ordinance.
',,:,0
' ' '
','
" ,
Commissioner Berfield moved to approve the Land Development Code Amendment
concerning temporary uses in conjunction with fairs, tree salas, and similar events. The
motion was duly seconded and carried unanimously.
~.',..l' .:.
;1c' .. ~. . .
:;.~i I
.'~:. . ~.
;~~~~>.'. .
. ,
',.."' ~ c .
" .
The City Attorney presented Ordinance #5632-94 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5632-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
:, ': ",..
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
',~. ~ I
.~:;f I .
\ "'.,
"Nayslt: None.
'.
~::,~i' ,:: ' ; ,
The Commission recessed from 8:07 to 8:20 p.m.
. ~' ..
,. .
ITEM #18 - (cont'd from 08/04 & 09/15/94) Public Hearing & First ReadinQ Ord. #5658-
1M -Amending Sec. 35.11, to establish definitions for "Outdoor Cafe/, Sidewalk Vendor,"
,and "Vendor Stand; II amending Ch. 41 , creating a new division 1 2 to establish
requirements for locating and operating outdoor cafes and sidewalk vendor operations
(LDCA 94-13)(CP)
"j
~.~ ',.. .
~~~" .:. :.,
':..',.
:.' ~..', .'.
\'0.
. '. .
The Commission expressed interest in permitting outdoor cafes and sidewalk
vendors to operat~ in pedestrian-oriented zoning districts, and directed staff to prepare an
ordinance allowing these facilities.
.',>
,;. ''1
..
"'0
I'. + .
" '
. ,
. . .
"
mlnCe10b.94
13
10/06/94
'(;0, .
... ,< ,
. l' c ,
....T'I ..
::: '.
.~. .
;}fli:~f;tl~\1i~<:':?;:,:",:,',:,~;,:,:';';' ! '~. :',:,: ; .:. ~ : ~".;:,;;;,,', :::: ,'. ,;, ',>,
T~ .....~ ~~4""1fl.'~~"~1 ..
. ....--...,~~..~~~~:...~;..:."..;,;..:~::..~*...~.;.;~
'... "
"', '.
" .
.~'. ,
':~ ~:'.
t}
_/
,',.0
. ,
, '
T, \.
.,1
o
The ordinance developed includes: 1) definitions for outdoor cafes. sidewalk
vendors, and vendor stands: 2} locational and operational requirements. such as limits on
hours of operation, required liability insurance, fencing, signage requirements. and
exemptions from off-street parking requirements.
To encourage the establishment of these uses in areas where off-street parking is
unavailable or extremely limited, off-street parking is not required for outdoor cafes or
sidewalk vendor operations. It is not felt a parking shortage will result since the outdoor
cafes must be associated with indoor restaurant uses with parking requirements and
vendor operations should primarily attract pedestrian-oriented clientele.
The Planning and Zoning Board (P&Z) favored existing regulations allowing vendor
operations in Downtown but, based on concerns about the effect of vendor operations on
beach business, recommended dropping reference to beach sidewalk vendors and
recommended approval of the outdoor cafe portion of the ordinance with the following
changes: 1) Under section 41.221 (1 Ha), change the separation requirement f~om bus
stops, fire hydrants, etc. from eight feet to six feet; 2) Under section 41 .221 (1 )(f). revise
prohibited hours of operation to between 2:00 and 6:00 a.m.; 3) Under section 41.221
(2), exempt umbrella signs from the sign regulations; 4) If the vendor section remains,
under section 41.221 Cd), revise prohibited hours of operation to between midnight and
6:00 a.m.; and 5) Under section 41.226, revise fees for outdoor cafes to $1 per square
foot, a fee of $100 for sidewalk vendors associated with a restaurant and a flat $ 250 fee
for independent vendors.
The Development Code Adjustment Board {DCAB} recommended approval of this
ordinance with the following changes: 1} In section 41 .221 (1 }(b), revised the fence/barrier
language to read, "mar other sturdy barrier of between 30 and 42 inches in height,... II; 2)
Drop the CR-24 district from sections 41.221 (1) and 41.222{ 1) based on concerns that
. outdoor cafes and sidewalk vendors would be inappropriate in these Clearwater Beach
districts; 3) In section 41 .222(b). reduce the distance from 2,000 feet to 600 feet; and 4)
Require the design of outdoor cafes and vendor stands to be compatible with established
area design guidelines.
Staff recommends adoption of the ordinance with specific changes listed by the
boards, except: 1) Staff recommend~ eliminating only the Beach Commercial and Resort
Commercial districts from the areas in which vendor operations are allowed; 2} Retain the
20% limitation on umbrella signage; 3) Under section 41 . 222{d}, revise prohibited hours of
operation to between 10:00 p.m. and 6:00 a.m.
Mayor Garvey recounted when this subject was first discussed by the Commission,
plans were to permit current restaurants and cafes to provide outside seating. Mr.
Shuford agreed outside cafes would have to be associated with restaurants. Mayor
Garvey questioned if the outside cafes would have to be located in the area of the
restaurant. Mr. Shuford referred to Division 12, Sec. 41.221 {d} of the proposed
amendment that states an "outdoor cafe shall be accessory to a restaurant use. II The
section also restricts seating capacity to no more than 25 % of the total seating capacity of
the restaurant. An important restriction on food vendors limits their activities to within
600 feet of the restaurants with which they are associated.
minCC10b.94
10/06/94
14
~~ur.
:{L;~E<:i:r;<,>"':'" : ,'. ,.' ;,.,
"""'-.-.....:iE.;l.-C.,......."~._...,'."...>..~.>~",>,.H ,.,.",~, ..'..' ~~.......r'.,. .,. ,~~;.., ~ .-.~".. -4:..';; .". ...w,e.....~~
---~..d.~~L"j.M:....t'.:-!,,;..~~r~~..~;'~.~I.~~.,(....\I'..;.,'.,:.i~ ,.:.~:. '" ..~J,-f~~~'~,..~"r~~.~l.i"--~tl....~;..... ..--.,
. ... ~. '.~"'l. .~t..,;.:~.".)J..'i..,:~"'~r\~,.i~....~r...rrr-~ T .
. ~ '.',' . . " .,
;:;i.':;'" .
n
,
""0
" ,
. .'
,..
~ , . .
I .
,',
,
r '"
..'
.J". .
,.... >.
u.e
" .
J .",
,~I .
:l'. :
Tom Selhorst advocated expanding the day time operations of sidewalk vendors
into the InMfill Commercial zone to promote a sense of security. He noted vendors would
be more attractive than vending machines.
Todd Pressman, representative for the Clearwater Beach McDonald's, noted the
proposed ordinance is to be implemented for existing restaurants. Because McDonald's
has no indoor seating, it is not addressed in this ordinance. Mr. Shuford said the
ordinance would permit outdoor seating at a restaurant, not an expansion of an outdoor
cafe. He explained the ordinance limits the level of outdoor seating because this incentive
permits seating without additional parking requirements. He noted McDonald's can still
obtain outdoor seating if it meets the parking requirements. Mr. Pressman stated the
ordinance excludes McDonald's because it is tied to seating capacity.
Commissioner Deegan questioned how McDonald's could take advantage of the
ordinance. Mr. Shuford. indicated McDonald's would not fall under the ordinance because
it does not have enough indoor seating. He noted some language could be struck and
language added regarding parking provisions. The Mayor noted the intent of the ordinance
is to encourage current restaurants to add outdoor seating.
Commissioner Deegan said outdoor seating was a matter of definition. He pointed
out that McDonald's has an overhang over the seating and suggested if that was
considered "indoors, II it could take advantage of the ordinance.
Commissioner Berfield noted McDonald's was originally licensed as a walk-in
restaurant and questioned how outdoor seating was permitted. Mr. Shuford indicated the
seating was approved through a variance. Commissioner Barfield noted McDonald's
seating has no walls, airMconditioning or heat and doubted it could be judged as indoors
and bug free. Mr. Shuford said the City could still allow McDonald's as a restaurant with
outdoor seats but it would not be eligible for sign and parking incentives. He noted the
City Commission needs to say if it wants to encourage this use. If so, changes will need
to be made to the proposal.
Commissioner Deegan noted the proposal does not specifically mention indoor
seating in Section 2. Mr. Pressman stated the City is interpreting that to apply only to
. indoor seating.
Commissioner Thomas indicated his desire to see changes made but did not want
to trash the City. He reported a meeting of beach merchants will be held within 30 days
to address concerns. He expressed concerns that a vulgar bar serving a small amount of
food will position a row of outside tables in front to attract unseemly clientele not
conducive to a family oriented beach.
Commissioner Thomas encouraged the approval of vending carts on the beach as
long as they do not compete with the businesses of lease hold tenants. He recommended
existing business owners be provided the right of first refusal and suggested determining
the number of carts permitted per block as well as the Utenant mix. 11 Mr. Shuford stated
the proposal requires vendors to obtain approval from the City. He indicated a balloon
vendor would not be permitted in front of a florist who sells balloons. He stated the
minCC 1 Ob.94
10/06/94
15
;" .--:'-: -~'''''._'''''~-''''--:--~~~~~4.~~~t~---
.,..... . --.....--...:.-<..:J",l.~..~~....,J~~..~oIiii..&~(~.~J.~.J.,i~.~.';....' .....,~~..J..~
~fiLoI,""-'"
r~?~:.~c~~~~~,:'~>;~>/ .:.<,.,< ,-' :,:..: . I'. '0'
, ~; ~, .
~ '~~..' ~ -.~
f)
language restricts vendors from in front of display windows and within 200 feet of each
other.
Commissioner Thomas expressed concern that the right of first refusal is not
included. Mr. Shuford said all vendors would be required to obtain approval for their
location from the City. Commissioner Thomas referred to the Sun Bank building. Mr.
Shuford indicated food vendors have to be within 600 feet of the restaurant they
represent. Commissioner Thomas questioned which restaurant would have primary access
to the sidewalk in front of the Sun Bank building, the restaurant at that location or one
more than 100 feet away. He expressed concerns regarding "turf wars. It Mayor Garvey
noted the original plan would have permitted a restaurant to have an outside cafe.
Commissioner Deegan pointed out the vendor would be licensed as an auxiliary to an
existing restaurant. Originally, outdoor retail sales were not considered.
Mr. Shuford acknowledged this represented a difficult choice as competition issues
always cause concern. He noted Section 41.222(1 )(b) restricts sidewalk vendors from
public parks. He observed the espresso vendor in Station Square Park has been very
successful and is not associated with a Downtown restaurant. He indicated the proposal
was written carefully and debated with the City's boards regarding restricting vendors to
food items. P&Z recommended testing the proposal without the restriction. The Mayor
indicated she would rather begin this experiment in a limited way prior to expanding if it is
successful.
o
Commissioner Thomas noted existing businesses need to be protected and existing
taxpayers must have priority. He expressed concerns that trashy establishments not be
ex"panded.
.'....
Commissioner Berfield questioned if this proposal had been discussed with the
Downtown Development Board (ODB) or the Downtown Clearwater Association (DCA).
Mr. Shuford indicated it had not. Commissioner Barfield expressed concern that a trashy
look would evolve.
'" .
" "
j> "
\
. e ,
., r' _
,~ . ..,
Commissioner Deegan said staff is working on a modal sandwich board. Mr.
Shuford reported the Community Redevelopment Agency (eRA) is working on that.
Commissioner Deegan referred to sec. 41 .222( 1)(f) and noted the City must first approve
the vendor's location. Commissioner Thomas felt the business abutting the sidewalk
should have precedence. Commissioner Berfield questioned if the nearby deli has been
affected by the vendor in Station Square Park.
, "
;~ "
.,,,,,: : .
/,.."!
'e -< '
Mr. Shuford indicated issues needing review' include coordination with the DDB.
DCA," and beach merchants. The Mayor recommended dealing with the Downtown issue
first before focusing on the beach. Commissioner Thomas reiterated his concern regarding
t'rashy businesses locating on City's sidewalks. Mr. Shuford suggested assurances to
those concerns would be addressed by the pending alcohol beverage ordinance which will
not allow a bar, nightclub, or tavern to be an outdoor cafe.
..
0" ': ,~ .:' .
_ -::i. .
~' ," <. .
'c \ .'
Commissioner Berfield recommended one ordinance address Downtown and a
separate one address the beach. The City Attorney referred to questions raised during
'0
minCC10b.94.
16
1 0/06/94
. . _..,-,~ . , - -, -'.' " .." ,.. -..' .... ,
;;~::j~q;!;~}}' .. . .... '.... '. ,.' ,'.,;: .... ......
a_---........~ r... ~~~~________'~,.. -.
. '-~JIj.....4v~ajl'~.~~\'~:.t:'~.tM~t.u...~.-.~ot:Wo:",,,,,-"-I;f."'''''''''''''''''''''IIt~~~.''''''--:
..'\. .
~;~~\~c'.~ . c
"':\I;~>~~'::' l:. . .
~
'.-;",.
,0
c". .
. ".
"~I
, ,.
,
" ,
". .
;','..jo ~: c
~ ;, "
'f:":;' . ,
,~ :~. .
'.
) "l:_..
~" '., .".
, -,
". ~..,
;....:. '
'0
,:~' , ' .
;~, .~. . '.
. l' .
discussion and indicated Tampa handles alcoholic beverage zoning differently. The Mayor
recommended the item be continued so the City Attorney and Mr. Shuford can further
tighten restrictions to permit a limited start.
Commissioner Thomas agreed the beach is distinct from the rest of the City and
questioned if it is possible to establish a separate set of restrictions. The City Manager
said rules can be set up per zone and suggested continuing the item to November 1 7,
1994 to permit various groups to review it. Mr. Shuford reported these uses could also be
considered for the North Greenwood Commercial District. The City Manager
recommended the item be continued until after the first of the year. Commissioner
Deegan noted the need to take advantage of the tourist season.
Commissioner Berfield moved to continue this item until November 17, 1994. The
motron was duly seconded and carried unanimously.
ITEM #19 - Public Hearing & First Reading Ord. #5666-94 - to increase permitted height
bonus for structures with parking beneath the building (lDCA 94-16)(CP)
To provide an Incentive for constructing parking lots beneath buildings, the land
Development Code was revised in 1980 to establish a ten foot height bonus. However, a
ten foot bonus does not always permit construction of an entire story due to necessary
aIJowances for beams and other architectural features. Based on this, staff recommends
increasing the height bonus to 1 2 feet to accommodate architectural features and satisfy
the intent of the code's provision.
Commissioner Berfield moved to approve the Land Development Code Amendment
to increase the permitted height bonus for structures with parking beneath the building.
The motton was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5666-94 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5666-94 on first reading.
, The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
IINaysn: None.
ITEM #20 ~ Scecialltems of widesDread DubUc interest - None.
ITEM #21 - Citizens to be heard ra items not on the Agenda - None.
CITY MANAGER REPORTS
. CONSENT AGENDA (Items #22-25) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
minCe10b.94
17
10/06/94
. . .~. ~ .
~~ .n...'.... .~;. ;;.. ~ :':
L.2jo.~..-f'~~~.tJJJ-,':;~';;~JrI..i..l~;;~JJ.~~~'~t\{_"J'.I: ~..'": ~~'I' ~:.~.-';:i~:"':~l~~"t':' ,~.'(t\: ;:i:.it ;..:'i.~~,;;~;~~;~,.K~"'~:'I\~~~ ..;.....u.:;;..II.~..;,....~
.~ -~M..>>.t<i"Ji.V~V'P"":'V-.:-.,.~~:h, .~J.(:"1-..(..f;':\"''''.oI<~'~ .
;l~:~{~;~:::~~';'~;,(:;,~::; '" <.. .
. "':. ' .
"". '.:
.~. .;; : \ ~. I ~
.:~. ~f't> ., .
a
.0
".L.
'> ..
. .
....,. .
: .1-
. i ~t <
.. ,
".:.'.,
ITEM #22. Receiot/Referral - LDCA re neon lighting, illuminated area of signs and sign
bases (LDCA 94-24HCP)
'TEM #23 - Receiot/Referral - LOCA re bed and breakfast inns (LOCA 94-25HCP)
ITEM #24 . Receiot/Referral - Annexation, Land Use Plan Amendment to Commercial
General and CPO Zoning for property (Walgreens Drug Store) located in the se 11 4 of Sec.
1-29-16, Pinellas Groves Sub., part of Lot 1, 2.0 acres m.o.l.; authorize ORC to approve a
final site plan subject to preliminary conditions and return the final site plan to the
Commission for final approval on 2nd reading (Finkenbinder/Sun Bank of Tampa Bay, c/o
R. K.M. Development (A94-21) [CP)
ITEM #25 - Soecisl Zoning Study - Lakeview Road; Receipt/Referral Land Use Plan
Amendment to Commercial General & CI Zoning for the Lakeview Road Study Area;
Receipt/Referral LDCA prohibiting nonresidential driveway access across residential zoning
boundaries and adjusting the lot area requirements for manufacturing uses in the Cl district
(OP)
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
'. OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 . Preliminarv Site Plan for the City Hall Municipal Services Complex; authorize
the ORe to approve a final site plan subject to preliminary conditions and return the final
site plan to the Commission for final approval (City, PSP94-20HCPJ
. The preliminary site,plan consists of a three story, 70,000 square foot Municipal
Services building, a three story, 83,000 square foot Police Station building, and a four
floor, 50C-parking space garage facUity for City personnel and visitors. Required
stormwater retention ponds are provided for water quality and quantity stormwater
management. Prior to certification of a final site plan, staff shall prepare and implement a
detailed landscape plan. Approximately 10 percent of the Municipal Services complex will
be provided for public use amenity areas such as landscaped seating areas, fountains, and
works of art. It is proposed to construct the Municipal Services and Police buildings
simultaneously followed by the parking garage facility.
Dean Rowe of Rowe Architects presented models of the proposed Municipal
Services Complex. He pointed out a utilities drive-in window will be located near the main
entrance on Myrtle. Another entrance will be on Pierce Street. Both buildings will
, interconnect with the parking garage. He reported the building's skin is being designed
and his team is meeting with City and Police staff to analyze how the buildings will
function.
Commissioner Thomas referred to the parking garage, noting one story is smaller
than the others. He questioned if the cost per space could be lowered if the level was
completed. Mr. Rowe stated both alternatives are being priced and indicated a guaranteed
minCC10b.94
10/06/94
18
~--=-_ a.II"~"'''';_'_'''''''.'".,
-~:- ..:-.--:-~~r~.t~<<~~;~~'(ff'):.~,,'~;~:i,~~'j.~~'~i.~fi'~I'I~~.:W~WNAIi~~~~':~H~~~;:-:~""'I"'~"""':~
".,'" '," . -. . .
.c.....; 1 if" . _..
,: '. ..... ..., ' ,~,.",'.' . '.. . " .......~, ,,:'.'. .; ".:..':~"'. '.,.' ....... ,.;" " ::'. , ....:, " ..",..,..:,' ..: .....",'
i'?"'" .': :
~\ :~,: .
o
"0
' .'
. .'
t', .
~ ,~ . ,
<:
'..0
maximum price wi1l be estab\ished. He reported the drawings will be completed by
November 7, 1994, and construction can commence in early December.
The Mayor questioned if costs will be available at final site plan approval. Mr.
Rowe indicated they would.
Commissioner Thomas expressed concerns regarding the floor plan. Mr. Rowe said
it has been reviewed and offices used by the public will be located on the buildings' two
lowest floors. The Mayor questioned jf space needs have been reviewed. The City
Manager indicated they have been reviewed. She stated this information will be forwarded
to the departments.
Commissioner Fitzgerald referred to condition #6 and questioned if an automatic fire
sprinkler is planned for the complex. Mr. Rowe stated a sprinkler system will be installed
even though it is not required. Mr. Shuford indicated that condition was included because
the agenda item was prepared in advance of receipt of all the information.
Commissioner Thomas moved to approve the preliminary site plan for the City Hall
Municipal Services Complex; authorize the DRC to approve a final site plan subject to
preliminary conditions and return the final site plan to the Commission for final approval.
Conditions include: 1) Signs and fencing/walls are subject to separate review and
permitting processes; 2) The requisite building permits must be procured within one (1)
year from. the date of certification of the final site plan and all requisites certificates of
occupancy must be obtained within three (3) years of the date of certification of the site
. plan; 3) A Unity of Title shall be recorded prior to certification of the site plan; 4) The
minimum turning radius for designated drives and fire lanes shall be 42 feet; 5) A fire
hydrant assembly shall be installed not more than 300 feet from each structure; 6) If
structure requires or has instaned an automatic fire sprinkler system, a fire department
connection shall be installed a minimum of 15 feet from the structure, adjacent to a paved
. drive and within 30 feet of a fire hydrant assembly; 7) Prior to certification, the Dumpster
. Requirement" Form must be completed and returned to the City Sanitation Department; 8)
Prior to the Issuance of a certificate of occupancy, the dumpster/compactor must be
visually, screened, and gates must be provided with a minimum 1 2-foot clear opening to
. the front for access by Sanitation trucks; 9) Prior to certification, a copy of the SWFWMD
pe'rmit application is to be provided to Engineering Site Plan Review; 10) Prior to the
. issuance of a building permit, a copy of the approved SWFWMD permit is to be provided
.to Engineering Site Plan Review; 11) Prior to certification, the final site plan must be
signed and sealed by a Professional Engineer registered in the State of Florida; 1 2) A
Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility Easement
.over the proposed water mains up to and including meters, backflow prevention devices
and.hydrants are required prior to the issuance of a Building Permit; 13) Backflow
prevention devices must be installed by the City with applicable fees being paid by the
owner; 14) Sidewalks are required adjacent to all street rights-of-way; 15) Handicap
'spaces must be adjusted to meet government standards; 16) Parking stalls and/or
driveways to be adjusted to the approval of the Traffic Engineer; 17} Dimensions to be
shown on the plan to denote measurements for aisles, parking stalls, entrances, etc.; 181
Prior to certification, all protected trees shall be shown by size, species, and location; 191
Prior to certification, all required perimeter landscape buffers shall be dimensioned; 20)
minCC10b.94
10/06/94
19
. n L ~"_ ~-~.""'iI'''Ii'l'ot,~ r:-.....h'.~...""'...~...b.\.....l<-:..:'! .. ," . ~ . ~'. :.<....;......i....l+...,... . , . J"'~ .~_i..._. I_J...~JI;...-.Q-~-""" +... ".. -.---__~"IiI _ ...,.......-----
.' .,'.... ~ '*-::...............~~~il~J~;~i.r:n..;~.....;lWW;W~t~~- ,~....., . .
~ ~ .. 'I" ~ - - ~ >
I ~ :. , .
i~\~:~>:.;.~;,/j>;,;";; : ' .,
. . . ~ }',
,"; :: :i '.<~'.\ . .: :..
, .
~, ...' ~.., I. ' ~ .. '. . : 1- .' . '. . ." '. .:'. . I'. .'. :.' ~ I . .'. I' -. . . . + . : ..... .,' . '. .' '.. ( .. . . . " . . I, '. u' " . :"': .' " .
....
!~::~!.<.,' :,,:..'
,~. ..
t]
...."...
,"
"0
,
"", .
" . . ~ .
'.. ~
<""..:.:'
," ..
. .,~....:' .
l. ."
'.. . ,
. ~ ~ "
. '!,
."0
.'
" .
',1 -.. >
Prior to certification, the total paved vehicular use area and total interior landscape area
calculations shall be expressed in square feet and as a percentage of the overall site in the
site plan data block; 21) Prior to certification. all required parking lot interior landscape
areas shall be depicted by shading or cross-hatching; 22} Prior to certification. a landscape
plan shall be submittad to environmental Management; 23) Prior to the issuance of a
building permit, a clearing and grubbing permit and a tree removal permit (or a no tree
verification form) are required; 24) Prior to certification. a copy of the SWFWMD permit
application and calculations shall be provided to Environmental Management; 25) Prior to
issuance of a building permit, a copy of the approved SWFWMD permit shall be submitted
to Environmental Management; and 26) Prior to certification. the site plan must reflect the
use of raised curbs or protective timbers where interior landscaped areas abut pavement.
The motion was duly seconded. Upon the vote being taken, Commissioners Berfield,
Deegan and Thomas and Mayor Garvey voted "Aye;tt Commissioner Fitzgerald voted
"Nay." Motion carrIed.
ITEM #27 - Res. #94-52 - revising fee schedules for "planning-related" items (CP)
Fees for Land Use Plan Amendments include a $100 fee "For each County Land
Use Plan Amendment" and a separate $100 fee "For each amendment requiring State
approval." Currently a County(wide) Land Use Plan Amendment request requires the
State~s Planning Agency review and approval. It no longer seems appropriate to charge
two fees for one combined request.
This resolution proposes one $100 fee for amendments requiring State approval.
Mr. Shuford explained this resolution would eliminate the duplication of an expense.
Commissioner Berfield moved to revise the fee schedules for "planning-related"
items. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 1/94-52 and read it by title only..
Commissioner Thomas moved to pass and adopt Resolution #94-52 and authorize the
. appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Fitzgerald, Berfield. Deegan, Thomas and Garvey.
"Nays": None.
ITEM #28 - Other Pending Matters
8) Del Oro Stormwater and Repaving Project
. Mr. Baker reported staff started this project to replace deteriorating storm drains
and resurfsce the crumbling streets several months ago. A Florida Department of
Environmental Protection (DE?) law now requires providing water treatment when existing
lines are upgraded. The City has a choice of doing nothing, of replacing the inadequate
pipes with comparable ones, or upgrading the lines and providing water treatment as
required. Staff proposed upgrading the storm drain system and installing a pond.
minCe 1 Ob.94
20
10/06/94
, . -. .~... ...,. ,... _.:.'n.....-_.~ .- .....---~~AA~~~~J~~.:.j','l~,'.if.. "';"!};~'f;/,"'':.':.lj:(~Q:~'i;(~w~:.1i1i.~~;(....~....;..;,~''',>>l''
~;!;~ZrI?7}':,:-:.~','.""\: .;'~,.~:,:~':.':,.<. ',:::1,>'::'.,:...,::.: ;.,' , ,', " '..' '. .,~leM"~~\\~':i,J~,~iJ<JIi'D',....,,',..>, .', '. .~", "
..' . + . .' . ... ". .,'. . .. .', I. .... . . . ',. ...... '. .
. .'. . "."'. ..: .....~. .', ..........:~,. ..~: ...~ ;" ..... . . .......... ..' . ...:..'. '.'.':" ,.... ..., ". ~"" '.=' . ,.,' '.'. ..:.:.
')
Mr. Baker noted some citizens did not want the pond installed and preferred to have
the smaller pipes replaced to avoid that requirement. Mr. Baker indicated that proposal is
not in keeping with the comprehensive plan or engineering and development standards.
Mr. Baker stated staff met with the neighborhood residents before this item last
came before the City Commission. After that meeting. staff again met with the citizens.
On September 14, 1 994. the Delara Association Board of Directors unanimously
accepted staff's recommendation Alternative II for Phase I of the project for new pipes and
a pond. Mr. Baker reported not all residents are in favor of this agreement. The
association requested that: 1) Phase I and II be expedited simultaneously; 2) staff meet
with the board regarding the design and placement of the pond in the park; 3) amenities be
included in the park; and 4) all streets in Del Oro be resurfaced. Mr. Baker indicated the
City could comply with these requests. According to his professional opinion, he said it
would be poor engineering if the City does not proceed with the project with the upgraded
pipes.
Charles De Blaker, President of the Del Oro Groves Estates Association, noted the
City received a letter from Mrs. De Blaker expressing her views against the project. As
President of the Del Oro Groves Estates Association, Mr. De Blaker signed the
association's letter. He expressed concerns that the pond be well maintained without
scum or cattails. He noted the work is scheduled to begin in September 1995 and
questioned if it could be expedited. Mr. Baker indicated the project first needs to be
designed and permitted. Although it may be a year before the bulldozers start digging, Mr.
Baker promised work would begin on this project tomorrow.
o
Mr. De Blaker reported neighborhood streets are collapsing. He requested
everything that needs to be buried be included in the project. He expressed concerns that
the pond would become overgrown based on the City's present schedule of mowing only
once a month when the grass gets high. He copied the memorandum he sent the
Commission to his neighborhood and advised those against the board's recommendation to
be here tonight. Mr. Baker acknowledged the City has received numerous letters
indicating people are against the project. Mayor Garvey questioned if Mr. Baker's
professional opinion was to proceed with the project. Mr. Baker stated it was.
., '
.. .
, .
"
:~~. '.'
, '
,I.. f
Commissioner Thomas referred to Mrs. De Blaker's letter and her statement that
the City is not allowed to clean the pond at Harbour Towne Condominium due to State
requirements. He questioned if those conditions could affect this pond. Mr. Baker
'reported the Harbour Towne pond was designed to be a small kidney filter but is so small
, it has become inundated with sediment and is not working. He indicated the proposed
pond will be larger and incorporate a newer design. Commissioner Thomas questioned if
the City will retain the right to always keep the pond clean. Mr. Baker stated if the DEP
will not give Clearwater a permit to clean and maintain the pond, the City will not build it.
, '
>'-, .
~~ ~ ~.~
.', . <
~... . ~
'.' .',
','
~ ,'. .'"
Commissioner Deegan noted this pond was first proposed as part of a five year plan
with SWFWMO designated as a possible funder. Mr. Baker explained the current project
requires improvement to the drainage and no funding assistance is provided for required
projects. Commissioner Deegan questioned if streets were part of the original proposal.
Mr. Baker indicated they were not. Commissioner Deegan questioned jf staff can
.;..,:..
. r
",' .
..0
' '.
, ,
minCC10b.94
21
10106/94
',<: '.
,': . .;~ '.
, ,.
~,.w~~~....--. .
~?;\i,,{;,,::< ,'. . '. ...... .. ... C,., ,,:
... ~ ~~~~':':"""l.:..~';""~.":.1I:'i-.~~!..U.~..!...;'~....~.i.J.:oI-.~~....r1'~"':..:J~'''''-----------''-
~:~<~ T .,.
;~;....
o
approach SWFWMD and request assistance. Mr. Baker stated they would double check
regarding funding availability. Commissioner Deegan expressed concern that the original
project was estimated to cost $245,000 and now the estimate with streets has more than
doubled. Mr. Baker indicated a more precise figure will be available before the Commission
approves awarding a construction contract.
Commissioner Deegan referred to paragraph four in Mr. De Blaker's memorandum
regarding the installation of recycled water lines when the roads are torn up and
questioned if it would be logical to lay them as this work is being completed. Mr. Baker
agreed this would be logical if the City decides to pursue a reclaimed water system.
Commissioner Deegan requested staff consider the installation of recycled water
pipes when designing the Del Oro project. Mayor Garvey questioned if there was
Commission consensus for that suggestion. Commissioner Deegan noted water recycling
is scheduled for discussion at the October 17, 1994 meeting. If the Commission decides
to begin recycling water, he suggested the Det Oro project would be the logical place to
start. Mayor Garvey requested the Commission approach this idea cautiously.
Commissioner Thomas recommended addressing this idea during the October 1 7
discussion.
Commissioner Berfield noted when staff originally looked at the Del Oro project's
water and environmental needs, funds were available. She questioned if the State Is
required to fund mandated projects. Mr. Baker indicated this project is influenced by a
regulatory function and does not qualify for State funding.
:> ,0
",' .
Commissioner Thomas moved to proceed with the Delara Stormwater and
repaving project with the condition that staff meet with the Del Oro Groves Estates
Association, Inc. Board regarding the design and placement of the pond in the parkland
and that staff consider the other issues in the Association's letter of September 23, 1994
(Exhibit A). The motion was duly seconded and carried unanimously.
....
: - ~
j....'.
, . ~ . ,
1'.. "
" '
~ r .
.~. ,.
.', :
"
<,
~~ : ~ .
b) Starlight Holdings, Inc. - Request to extend lease agreement
The Lease Agreement for Starlight Holdings, Inc., d/b/a Marina 1-Hour Photo
. expires on November 30, 1994. John Acker, 'Secretary for Starlight Holdings, Inc.. has
requested a one-month extension of his existing Lease Agreement to review the
paperwork.
,~~ '
>~, _ ~. c.: '
':."
~..',"~.: .
Commissioner Thomas moved to approved a one-month extension of the existing
lease agreeme'nt with Starlight Holdings, Inc., d/b/a Marina 1-Hour Photo. The motion was
duly seconded.
::, ~
Commissioner Deegan indicated he was not convinced by the argument made by
the lease holder regarding his need to extend the deadline.
'1;
Upon the vote being taken, the motion carried unanimously.
.', .
c) Motel Parking
., .-
""'-1
minCC10b.94
22
10106/94
, .
~~~:...::
. "1.
1i~~~I.;J-"l4.Jit"':;'\i\lo.b~~]..:l~;~~:I~M1a:f.t,J:'~<"'Tl."''''W"~Pf'''r.-----.-
.......~--........,.~~.~~...~
~:~~d,;,;:/)\ <':'.,>.;.: ,:;:,\ ,~',:' ;': .:: :.
.. ~.. ,
. "j
~. ~:""I.~..:;l: '.
V'~:{';;'.'" .'
~
{~~" .r~}
'.
, ,
.":0
)'. . ' '
~.:. .
; .
.' .
, "
, ,
1" c
.'< ,;
'.
. "':'; ,"
. <.:,.,
'.
".>
:'L "
...0
.~. T'
Mr. Shuford suggested temporary parking on Clearwater Beach be permitted at the
limited number of larger hotels with 100 rooms or more. He felt hotels that size have
excess parking and there is less likelihood of guests being inconvenienced. He said he is
still working on his recommendations including peak season restrictions. He stated if the
Commission wants to expand parking; they may wish to review commercial parking in
general, throughout the City.
Mayor Garvey pointed out most beach motels/hotels do not have enough parking to
meet code. Ms. Deptula indicated that was why staff recommended limiting these permits
to larger hotels.
Ken Rosenow, a small motel owner, said he reviewed Mr. Shuford's
recommendations and disagreed with them. He knew of no guest parking problems at any
of the more than 100 small motels/hotels on Clearwater Beach. He indicated the
motelslhotels' 3,500 parking spaces represent a resource to the owners during difficult
economical times and would help alleviate parking problems for visitors. He noted large
hotels also have restaurants and lounges which require parking. He said it would be
illogical for motel/hotel owners to rent parking spaces to the detriment of guests. He felt
the occupational licenses issued to motels/hotels allow them to rent their facilities,
including parking spaces.
Mayor Garvey questioned if it was legal for motels/hotels to rent parking spaces.
Mr. Shuford reported those rules were waived for the recent special event to use the
spaces for another use. He agreed it was best to limit the amount of pavement on the
beach but suggested the City anticipates fooms will be filled by parking guests. He
indicated all are in favor of shared parking and stated Mr. Rosenow presented a convincing
case.
Mayor Garvey expressed concern that the Commission would consider passing laws
solely to address the current economic situation. Commissioner Thomas felt the issue had
, nothing to do with the present economy and questioned if Mr. Shuford would trade a $30
income for room rental for $5 a parking space. Mr. Shuford conceded he would take the
$30 if he had that choice but noted motel/hotel owners do not know if they will be filled
that night., Commissioner Thomas felt that should be the call of tl:1e property owner, not
the government. He strongly endorsed permitting property owners to use their property to
their best advantage. Mr. Rosenow said he did not mean to imply the current economic
situation was the only reason for addressing this issue.
Commissioner Berfield pointed out that Mr. Rosenow made a good case regarding
the occupational license permitting the rental of motel/hotel parking spaces. The City
Attorney stated the occupational license covers the property but not the same use. She
stated the motel/hotel owners were requesting a commercial use for their parking spaces
.' versus an accessory use of the motel/hotel.
The Mayor noted the Interim City Attorney had issued an opinion that commercial
parking was not allowed through the license although many cities permit it. She
questioned if the Commission chooses to regulate commercial parking; how it would be
enforced.
minCe 1 Ob.94
1 0/06/94
23
~ .-.~ ' r....r.~.~_ -:0'.": i" --. . ,~ 1I~~w.ttllU~j;~~..J~":~~t't~~f~~~~~'~h~~'~1;;"'d~.~Jir~j~~~~~ C" lrV~.'~:-"
~~\~'.:'r.~:,:,:r,:':':;:.',.,> :.:.<.: --,,:>:. :':. ..t:.,::~, ,; ,
.-...~--..-............._......-
.~
'.:P'''W
Mr. Shuford questioned if commercial parking would be permitted on City right-of-
way. Commissioner Thomas felt only spaces wholly owned by property owners should
qualify for commercial parking. Commissioner Deegan questioned if the City has allowed
backout parking to count for required parking, why not permit it to be rented as
commercial parking. Commissioner Thomas said those spaces are located on public
property and should not be rented for personal gain. Commissioner Deegan recommended
staff work further on this item. The City Manager indicated staff will come back on
November 17, 1994 with an ordinance for receipt and referral.
~,'~:."--~". . ~ .
.~':~~'~'~:
G
Commissioner Fitzgerald questioned why the Commission is bothering to worry
about this issue. He felt the decision should be up to property owners and said a bigger
problem was being created than the subiect deserves. Mr. Shuford indicated if the City
adopts a philosophy that requires minimum parking standards. parking must be reserved
for that use. He suggested a laissez-faire attitude, allowing the marketplace to determine
parking needs, could be adopted and parking requirements on the beach could be
rescinded. He indicated he had worked in a community with no required parking
regulations in Downtown and free enterprise found a way to deal with the problem.
Commissioner Barfield noted Mr. Rosenow had said some properties have excess
parking and questioned why those properties could not be permitted to allow commercial
parking. Mr. Shuford agreed they could but noted this practice was stopped because of
complaints regarding people waving cars into spaces. Deputy City Manager Kathy Rice
reported Code Enforcement addressed complaints regarding extra signage, etc. and cited
some for renting spaces for uses other than parking cars. Commissioner Thomas agreed
there was logic in what everybody said and concurred there are always flim flam men
ready to take advantage of a situation.
Commissioner Deegan said he did not want authorization to stretch to the extremes
and agreed other's property must be protected. He supported commercial parking at
motels/hotels and fait this proposal should not ba limited to large hotels. He concurred
with Commissioner Thomas that commercial parking should be permitted at any
commercial establishment.
CITY ATTORNEY REPORTS
..' ~'. .
;.....<
, ,
ITEM #29 - First" Readina Ordinances
a) Ord. #5693-94 - regarding consumption of alcoholic beverages. amending Sec. 6.31 (4)
to delete language pertaining to violations in motor vehicles
The City Attorney stated this ordinance amends the code to eliminate a conflict
with State law regarding penalties for open containers in vehicles.
The City Attorney presented Ordinance 1t5693-94 for first reading and read it by
title only. . Commissioner Thomas moved to pass Ordinance 115693-94 on first reading.
. The niotion was duly seconded and upon roll call. the vote was:
.;.
~. ; l " !
".:'J:J.;'
"Ayes1t: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
;,<. I
"Naysll: None.
minCC10b.94
24
10/06/94
",
. .'
.\ >.
, ,
, "
.. ,
....~....~
P'" _~~Ul..~",,*u...~'
.,.___""'.....~...JO'..~
~:t.}L::~~~;',\::(o',;,~:y/;';" > : .,;',.' ";: ': " .' ':.. "I:~~ ... "': ~.: .
,'/'. .r,.,
. ',. '.. .... . . . . . '.. : ~">', '. .. . . I . .- . :,' . ,.". . . . .."." . . . .' .
t~t":'t~' ~.'{ ':. I
rf.).<'.", \
';:,<', . .
. ~ ..' ~ '
.. (.
"
o
"
",'
.'
, "',c
(.
, ,
..1 '
.oJ.
.. .:.
'.
',>. .
.;' .
." , '
:':;':'''<0'
,'.
~>~.. . .
;'~: :~;. ::' '.<',
;:~",. :.. .; : '
~/=: ::.' Cc
~.,: ~' ,
~)<'> >":.
1::j~": >. ' :.. '.
~ ': '. '. ."
~~~:::" , '.
>,}. c .
....... ,.
.~:: ~r' ~~~'~:,' ~ '.;.~
;' ~'" '
'~': .~ . .
:~;r,~,,:,~,...', .
Jf::> .........
))}~:;:': ':.
, .
. ~ . , ,
. :: :.,.... '.~ ~
~ . ~ .~..~. .: .
.~:~ .:' :.;,; .
. L "
,;.. .
"',1.' .'
." : > .
."
~ . ~ '
~;:'\'O""
:; ~. ,
" .
.. o"
:. . '~"
.: .
, ... ':". ~~. '.;.
~ . . " " ...' ,
. . . , '. . , . ~ ".
ITEM #30 - Resolutions
a) Res. #94-73 - Demolition Lien. J. H. Rouse Subdivision, Blk 1, Lot 1, aka 709 N. Ft.
Harrison Avenue (Mark & Sherri Sartin)
The City Attorney presented Resolution #94-73 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #94-73 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon rolt call.
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #31 - Other City Attornev Items
The City Attorney requested a closed attorney/client session to discuss Pick Kwik
and Circle K. The meeting was scheduled for October 20, 1994 at 5:00 p.m.
The City Attorney reported the judge signed the order to approve the sale of the
: Municipal Services Complex bonds. Commissioner Deegan questioned if there was a
compromise. Ms. Akin indicated bond proceeds will be limited to construction of the
Police building and related facilities.
Commissioner Deegan questioned if the City can combine some of the ordinances
relating to annexations. Ms. Akin indicated she would review the legal constraints.
Commissioner Deegan referred to a request for a legal opinion regarding ex-parte
communication and questioned when that opinion would be presented. Mr. Shuford
indicated a memorandum from former City Attorney Galbraith was to have been provided.
. T,he City Manager indicated this is an item Mr. Shuford will be reviewing with Ms. Akin.
iTEM #32 - Citv Manager Verbal Reoorts
Closed Bargaining Session
The City Manager requested a closed session for bargaining on October 17. 1994
following the City Commission meeting.
Phillles' Facilities Request
, "
. The City Manager referred to a letter from the Phillies requesting construction of
, additional' facilities. 'She reported staff is securing estimates and will bring it forward once
a cost has been established. Ms. Deptula indicated the City will ask what the Phillies plan
to do In return for Clearwater.
. Commissioner Thomas questioned if a special program for the team could be
. developed at the Long Center. Ms. Deptula stated staff would have a proposal in the next
minCC1 Ob.94 .
25
10/06/94
c~~.::~~. ". ~ . ~
.1';.:. ,
.'.;~::, :' '.
~~~t~~(i ::~\~;;~;;:'-:..:<~::,~.,.. \'!; ,.:>'~-~'.. ;~:.
'lr~1:1,1~hl.\'};;d;~~,;..t'I:!,"':'" ,,~,,;.;,' ".",...: :tl'i.",~".,.... ' '\' .-,...,
~~ .,. ':;'. .". ., " .
........._~.....";':",~~"',.~W~\~~.........,r~ ~.;,."".~",.-w.if.' ';~,"'.:",d:r;~'~ ~,:;';l>I:':":~I;,"'~~-"""""'~--
, ,.' '. . ". ' ",7>" ""'~'~'''~''''''(''''W,;j~,,''''I~''''~-.Je''~''', . '
, . . '
~:..L~ :"':.~'~'~:::'.T~:".'. '. ,:.
. '
'1'~~ :~ - .
I;,~~.
n
I
J
.....
.. '
~.t .
"
" .
"0
"; '""
~"'. .
~.' ".
':'. '
",
~'~,
,,'
.c ~"
." u~',
1.:~
- ~, .
" -
., ,,'
,1 ..
.. :'
, '
t .\', ~ ; ~.. .
~~, : ,:: ~. ~ :
" , .
~,c > ". ~
~. I' .
...'.., .
> :;~<J,,: :' .~ ,
~ ~: : ~ '. '
. - ~ ,
. ,"I'
',.I ' :
'; ~"t "
, ,
'. ,
" ,p.",
';/' ~I:
.' d.
"0
' "
,.. .
:(~,"
", . l-'
". .
~,~; ~:~ ,..
,', t'
,': ,.
, >
, ."
. : ~'
two weeks. Commissioner Deegan questioned if the research would meet the
Commission's restriction to less than eight hours without a majority request. Ms. Deptula
indicated that would be no problem.
City Hall Employee Parking
Mr. Baker reported the Calvary Baptist Church has proposed swapping 30 parking
spaces on church property,across Pierce Street from City Hall, for 15 employee spaces on
City property adjacent to the church. He stated 15 employees now parking at the base of
the bluff will be able to park on the upper level. He questioned if the City Commission had
any objection. Mayor Garvey questioned if the employees agree with this
recommendation. Ms. Deptula stated jf the swap does not work, it can be canceled. No
objection was voiced.
Adult Use Ordinance Enforcement
Mr. Shuford reported the City has served notice to many adult use establishments
that the City will not be renewing their licenses due to certain code violations. An appeals
process is available.
Commissioner Deegan questioned how the City would respond to businesses who
do not file timely appeals. Mr. Shuford indicated the City would move against them. The
City-Attorney stated the City would pursue the normal enforcement process and seek
injunctions if necessary.
ITEM #33 - Commission Discussion Items
oJ Clearwater Aquatic Team - re"quest for funding
Jim McManic, Clearwater Aquatic Team (CAT) Board Member, requested the City
relinquish the 12.5% of the coaching fees paid for each swimmer now collected by the
City, and reinvest it in the swim team. He explained the team instills positive values on its
members and is on the verge of great accomplishment. He reported the coach, Jim
,Tynan, has coached international teams. The investment would help the team with its
current year $5,000 - $8,000 shortfall. As the team improves, the cost of competition
increases~ The additional funds would help defray team costs. He also noted the team
needs a ,weight training facility.
Commissioner Deegan referred to Mr. McManic's letter and questioned if St.
Petersburg and Lakeland have provided this extra funding. Mr. McManic indicated they
have and possibly Largo, too.
, Commissioner Deegan questioned if the funds would help defray travel expenses
, ' and ,questioned if a team can attend a meet without their coach. Mr. McManic stated
when 13-1,5 year old 'children are travelling thousands of miles, it is important that their
,coach is present. He reported the Clearwater Aquatic Team has hosted three major meets
at the Long Center and attracted 1 ,800 participants.
minCC10b.94
10/06/94
26
~~~,'. :-.--.--
t%i;;~\~~;C: ~\: .;::> ;:' ,,'. '..~:' ...
"'~~~~>i':~~~Il\lt~ff~~~'~~tt~~~~~:~'j."~~"';&N:rIV~-~~~
, .'
.<
",
..~ .
tJ
Jana Carpenter has several children on the team. She indicated the team is
requesting 12.6% of the fees parents pay for coaching be returned to the team's coach.
She noted Clearwater provides facilities for other sports and recreation. She stated the
coach, Jim Tynan, is rated at the highest standing, Level 5, and has helped develop
swimmers to compete on the national level. She notell he earns significantly less than the
average coach's salary.
Joe Evich suggested the request is for the City to invest in travel for the coaches.
He noted this arrangement is entrepreneurial and relates to the coach's contract with the
Parks & Recreation Department. He said the City already invests in the Long Center and
the team has the use of the clerical staff, telephones, etc. He expressed surprise that the
program is running at a loss and stated his information from the Parks & Recreation
Department indicates otherwise. Mr. Evich questioned if a copy of the team's Booster
Club's budget had been presented. He suggested City funds be allocated to the students
first. He requested the Commission not vote on this issue tonight because all three of
Coach Tynan's coaching contracts are scheduled to expire in December. He suggested the
Booster Club may be able to raise additional funds and questioned if the team has
approached other sources for funding.
Mr. Evich indicated the City should have all data before it reaches a decision. He
expressed doubt that this contract represented Coach Tynan's sole income. He
questioned the number of coaches and how many of the 184 team members participate in
the meets. He expressed concern this would set a precedent for other booster clubs and
felt it was not fair for the City to fund this one team.
,.,0.
. '
\. I .
Commissioner Barfield requested this item be continued as she had no background
information. Mayor Garvey acknowledged CAT represents a marvelous program but
referred to a basketball team's trip to Ireland and a soccer team's travel schedule. She felt
, all the programs are worthwhile. If the Commission starts supporting one team, she
questioned how it can say no to others. She indicated the coach is a contract employee
and cautioned against setting a dangerous precedent.
. I
'IL'
1 ~". .
Commissioner Thomas supported continuing this item. Before tile next discussion,
he requested Commission members be provided with: 1) full financial records; 2) copies of
the contracts for all of the coaches; 3) operating statements; 4) the percentage of
Clearwater residents on the team; 5) an overview of support provided by other cities; arid
6) the present policy regarding other athletic groups. He questioned if the City keeps
revenue generated by other teams.
,"
!. I:, c.j
;.r; . :"
. "
" ,
"
Commissioner Deegan suggested Commissioner Thomas was confusing apples with
. oranges. He Indicated the Boosters' request for funds has nothing to do with Coach
Tynan's contract. He stated the City has made comparable contributions in the past. He
said Clearwater provides ballet lessons at the Long Center. This is the Clearwater Aquatic
Team. He did not feel Little League was comparable. He noted the City helps subsidize
horseshoes, lawnbowling and shuffleboard. Mayor Garvey questioned what the
Commission should do if the Clearwater Chargers request money. Commissioner Deegan
suggested when they have members ready to compete at the Olympics. the Commission
. can address it. Commissioner Thomas stated Commissioner Deegan misinterpreted his .
request. He stated he does not have enough information to support a decision.
t:" ,
. I,' .,
.~, ."
~'.' '(. .
1':..:.
~:,~' .'
, .
minCe 1 Ob.94
27
10/06/94
.r ..1
'. ,
~ ~~~c.t':~;'io:-.L.o/~":):"':~tr)\~i~~j.:~'j:~.;.;.r~ :;':rtU/;..;u.. .; ~..i:;\.~~\: '~~f~~" ;~.~ ~:'L ).}. d..~~ 1~:L.,,~'j.r\'1'1~: ;.i~.LI~'&~~:Jj~~; (1.1~$.C~,~.~
..... ~ ... T'. 't...."I....~, u;,,.~~I),;~'I'l'!r..lih.c:~..A:"#'l;,p......\""IIo'..... .
ilti'1(G,);:}, :;', , .. ;, .:......... ' . "'..:
.' J ~. ..'
.1..'.........,:..'. '.
,~
. ,
..
. " ~. '
<'.
, -
'''0
'.
~.:.: .
~.' .'r .
{~::.~ ".' .
c~.; . .
. '.'
J.' ., ,
.. '.'
" .
.",'c.
::;.
.,
" ".
'!::'
, ,
I'. :',
\ '.- .
",.; .:" : .
" .,
. '.
.(< . .
'T<::1 -
, .
t'" .c.' .
j ~ <,
,'.
,:::\ "'.'
-':0
: ' T<<
':'..:' .
Commissioner Fitzgerald felt this request would be precedent setting. Presently,
87.6% percent of the coaching fees goes to the coach. He noted the City provides a
great deal of support to the team for 12.5% of those fees. He questioned if the monies to
replace that percentage would have to come from the General Fund. The City Manager
indicated it would. Commissioner Fitzgerald questioned if those funds would have to be
replaced. Ms. Deptula stated they would. Commissioner Fitzgerald indicated that
Commissi,oner Thomas' request for information is in order to be certain Commission
members know all they need before reaching a decision. He concurred this item should be
continued.
Commissioner Deegan recommended obtaining information from the Parks &
Recreation Department. He noted the City opted to contract with an independent
contractor to save money. He suggested this program is similar to the new basketball
program now being considered. He questioned if this request would have been treated
differently had it come through the Parks & Recreation Department.
Ream Wilson, Director of Parks & Recreation, reported Mr. Tynan is an outstanding
swim coach and the CAT program is excellent. He agreed Coach Tynan was one of the
best. He explained the City collects the coaching fee and returns a percentage to the
contractor. He said Coach Tynan's contract to coach the CAT program permits him to
retain 87.5% of the coaching fees which equaled $61,991 in FY 1993/94. His contract to
coac;h the Master's program allows him to retain 80% of these fees and his contract for
private instruction permits him to retain 75% of these fees. He indicated Coach Tynan's
business expenses are high including paying the one full time and four part time coaches.
He stated the Booster Club supplements the program.
Mr. Wilson stated the CAT program could be compared to many other team sports
in Clearwater. He noted Little League and soccer teams are co-sponsored by businesses.
The swimming program is city-sponsored and the City provides the swimming facility at
thE) Long Center. He did not know how other cities support local swim teams.
Mr. 'McManlc charged that the issues Mr. Evich discussed were not factual. He
. stated the CAT Board will prepare a statement. Mr. Evich indicated it was not his intent to
'mislead anyone and said he could support every statement he made. He insisted not
enough information was supplied to support the team's request.
, Commissioner Thomas moved to continue this item to an uncertain date when the
City Manager. can coUect the requested data. The motion was duly seconded and carried
unanimously.
The City Commission recessed from 11 :23 to 11 :32 p.m.
ITEM #34 - Other Commission Action
a) City Attorney Evaluation - no action required - for record only
minCC 1 Ob.94
28
10106/94
~~"/?'!IIt~,.""'~~T.a.r;W~~ '<Iii
-. . ---1\-".~h.&Jt~~~,~ i~;,,':"I~~:..~~~'i:)f'~ 'A:;~;.~ '~r..,l#:~-:..v;,'L.,j.Jj.,JJ..~'::~\N" ~ ki.~~f'~""
rJ ,. ~ . : . ~....'" .~.
~j!i~il~P';;'(-::"'::'i . ,
'<, -
?;~t~;}:~/:.. ,.'
..T ,'/
f)
,-: ~ .
.;
.'..0
': ~::. . .
'~., ,
.~)~'. .
" .,'
,.
.,' "
, .c.
,. .
, .'
. ,:'
" "
:....
'. .',
, : ~ c; ,
, '
" '
,.
. ~, I .
,-
"0
' . .'
;': I.
... . ~ .'
~ . " ~..
b) City Manager Evaluation Report
The Mayor stated all Commissioners met with the City Manager regarding her
evaluation. She wished to clarify a newspaper article. She felt she needed to better
communicate with Ms. Deptula, not the other way around as she was quoted as saying.
Commissioner Thomas said he was quoted in the article even though he did not speak to a
reporter.
The Mayor felt Ms. Deptula accomplished every listed goal exceedingly well and
has done an excellent job. She indicated the City Manager's response has been 50 timely
she has suggested she slow down. Mayor Garvey complimented the team approach Ms.
Deptula has adopted.
Commissioner Thomas concurred with Mayor Garvey and stated Ms. Deptula is the
finest city manager he has ever observed. He suggested she still has room to grow but
felt her greatest attribute is the way she is performance driven and manages people
without being ego driven. He indicated he gave her the lowest marks in the goals she
established for FY 1994/95. He said he has spoken to her since he became a member of
the Commission about his desire to incorporate profit sharing and bonus driven goals. He
expected her to provide a plan to financially reward staff for doing a good job. He felt
government employees are pension and benefit driven and suggested a need for financial
compensation.
Commissioner Berfield observed it was difficult to identify any negatives about the
City Manager. She agreed with the self-performance review Ms. Deptula completed
except Commissioner Berfield suggested Ms. Deptula's performance on one item was
1I0utstand,inglt instead of "Highly Successful." She agreed employee morale is difficult to
address during contract negotiations. Commissioner Berfield said City staff respects the
" City Manager and noted how she and the staff are up to date on State laws and code
"provisions. She felt the idea for a controller for certain departments was a good one. She
expressed concerns regarding the City Commission's long agendas. Commissioner Berfield
said Ms. Deptula has done well.
Commissioner Fitzgerald rated the City Manager's overall performance as IIHighly
Succes'sful." He stated Ms. Deptula's strongest point is in budgeting. He noted her
willingness to work long and hard has ben~iitted the City. He felt Ms. Deptula's weakest
point Is her limited experience as a city manager and noted she was still in a learning
mode. Commissioner Fitzgerald indicated Ms. Deptula was successfully adjusting from
administration to management.
". Commissioner Deegan reviewed the review's four sections. On goals, he rated her
as "Highly Successful. tI As a first effort, he noted some goals lacked specific yardsticks.
Commissioner Deegan rated Ms. Deptula's completion of duties as "Highly Successful."
He complimented her budgeting ability but suggested she will be more successful, not
relying'on others as she becomes more experienced. On behavior, he rated her as
"Outstanding" for her successful leadership and team work. On Personal Development, he
minCC 1 Ob.94
29
10/06/94
~~;::LYX~......;:......:':'i~'~-',... -~-.-----'- .
. ~ .t~. '~~~ ....~ ':'~ l~:'1)'4; f~'; f~ ,.;~T~ ~'::I:~~~~~.i~;'; ;Jij ~:i'~iY:...J.....'y~;";~~~~j~..\~...~~ /...~.. ~., t ....u...."\t:l............-
.~';:~J(~~:~" . l'
f}
~~ , .
:':0'
, ,
I;,.':"'~, '. .
" '
~, . < .
" '
, t"! I ~ ~
, "
.~~~, ~. .
"~, :, :' ,
. .., .
....l. <
"t .' . >
" '.'
" .
~. ,.o',':.":
. ' '
:':',"
':'0,
, ,
'/': ,
.'>"
. ~, "
:1"
rated her as "Outstanding" and noted there was no plan for this year. He indicated next
year more work will be needed for this goal as benchmarks are established. He requested
increased follow-up and a closer review on memorandums before they are sent to
Commission members. On a scale of one to five. Commissioner Deegan rated Ms.
Deptula's performance as 4.2, between Highly Successful and Outstanding.
Commissioner Deegan felt the City was fortunate to have Ms. Deptula as the City
Manager and wished her well. Mayor Garvey looked forward to many more years.
The City Manager related her appreciation for Commission members meeting
individuany with her and providing input. She noted not all comments were positive. She
stated her success was due to her staff. Ms. Deptula noted it has been a good year.
Juggling five bosses was more difficult than she had anticipated but she does enjoy it.
She stated she does not want to be anywhere but City Manager of Clearwater. She
reported her Personal Development Plan included more contact with city manager
organizations to learn new trends and computer literacy training. Commissioner Deegan
stated he was very satisfied with Ms. Deptula's performance.
Ms. Deptula explained when the City recently negotiated the contract with the City
Attorney, the definition of termination and severance pay was changed. She distributed a
copy of Section 3(A)(1) from her contract that include modifications in compliance with
the City Attorney's contract. The Mayor concurred with Ms. Deptula's praise for City
staff.', Commissioner Thomas questioned if the modifications include the same language as
the City Attorney's contract. The City Manager indicated they did.
'Mayor Garvey recommended completing the evaluation tonight and continuing the
salary negotiations to a later meeting. Commissioner Deegan stated he was not prepared
to discuss compensation tonight.
Commissioner Thomas moved to amend Section 3 of the City Manager's contract
regarding termination and severance pay. The moti,on was duly seconded and carried
unanimously.
Consensus was to discuss the City Manager's goals and compensation at the
October 17, 1 994 Commission meeting.
Other Commission Action
Commissioner Berfield questioned if a site plan and zoning are approved for a
specific use and those plans fall through, can the property revert to the previous zoning.
, The' City Attorney indicated it could not. The Mayor. noted zoning is approved as
appropriate for an area, not a property owner.
Commissioner Thom~s distributed information regarding the High Speed Rail and
indicated it will be discussed at the October 17, 1994 Commission meeting. He reported
discussions are concluding and Clearwater is a potential terminus. He indicated the City's
minCe 1 Ob.94
30
10/06/94
~~~u~~b1'~~"~"""",,","''!i'S.:''t;.'--'lW~~\li~~i;V~.i.i.t'i:.~;...n;~~Y~
~:E';~';d;~:::,,',:'.'~:',:;.,.~~2,.<',:;::',~:~~:'\~' ,::,'~,:'~' . ,~-
. .' ,
, "
... .' .
I~~:~.
,~
-,"
^.
~;,.
~~'
;~~~'O
" .
./, .
..' ~
:! .~ .'
~ It.
t'..:.
;~/~ "
~w.:; .'
','
.;; '"
;..... .
"I, .
'..,;\ .
~ ~ .' ~
. ~ . . ..' ,'~ .
; 'c'
; ~ I .,
.:,., . .
'~,>~I~:'\ '~c."
'.. "I>", '.'
" .~ :';. c . .
. .: ~. .'. '
I ..'. ~ .
~~(; ',', .
:'~ '\, < .
. . . ,
oJ' . '.:..
~~. : :.c .
',i:.....': . .
;:'.,c .
~ ~ \ .
'/; ,:'
. c, .
.:. "
:~~'.. ~ ",
.'. (
! :" .
:"e
{r!"..:;'
.. f." .'
: '.'
,..
::\~': ~ '1: .
chances are weak but he wishes to make them strong. He noted research has proven
there is more demand for service from Orlando to Florida's West Coast than the lower East
Coast. The political power of the East Coast is strong but Pine lias County is only recently
in the picture. He convinced one of the bidders that it would be cheaper to construct the
High Speed Rail across the Courtney Campbell Causeway. He indicated the decision will
be based on the infrastructure provided for passengers once they arrive. He suggested a
Commission commitment to provide a monorail from the western terminus of the Courtney
Campbell Causeway to the beach would be attractive to the builder. He requested
Commissioners consider this and go flout on a limb" to make that commitment. If the High
Speed Rail does not come here, the monorail would not need to be constructed.
Commissioner Fitzaerald questioned what, happened to the proposed purchase of
the remainder of the Park Street garage by the Sun Bank building owners. The City
Manager reported no response had been received to Alan Zimmet's letter regarding the
appraised value received by the City.
Commissioner Deeaan reported he had asked regarding the status of the walkway
from the garage to the Sun Bank building. Mr. Mackey indicated the original contractor
had to be fired and a new architect is being obtained.
Commissioner Deeosn reported the PST A had voted to urge cities to waive
prohibition of signs on bus shelters. PST A has a contract with Patrick Media to erect
350 .- 500 bus shelters during the nE:lxt three to five years. The PST A Board was reminded
that.all the cities and the County forbid signs on bus shelters. Board members were urged
: to request a waiver to the prohibition on signage. He tried to point out Clearwater's
position that the prohibition be maintained. He reported his was the sole dissenting vote.
.He w'arned that PSTA would try to include advertising in the bus shelters. Mayor Garvey
noted -this was contrary to PSTA's position two years ago. Commissioner Deegan
. indicated their new position is based on the need for revenue. Commissioner Thomas
indic~ted he did not oppose advertising on one end of bus shelters.
ITEM #35 - Adjournment
The meeting adjourned at 12:20 a.m. (October 7, 1994).
r :; I '/ I
. \ \ ~ , .
,... -:/ " ;: . '.'. j : ..~ , ~ I)
,'" I ,~~ t(:,'~' ~ ' ....
~~... ~.~:L - I
'. ,
, "
. :". f'
~ ~ . ~ ( "
A:r'IES;r:
I... I
!' ".
, .
(( ;" . " . ~
I!~., /.(:~ :c,cc, ,;.. .
( " ." J / '
.' I ~ :, ' ft'. i : .
. . \1.
minCC10b.94
10/06/94
31
~~: .--- ,-.- - -~~~'i.':"'~~>i-I.,~;;..:..:H""i~"'l<;JJ.~Q;~\J,":~~~;\t..i~~..;,~Pi.',;';';:;'~~~~~~ " ---:-
~iiig~>>ij:::,{~':'::': <'::,2," '.. "" .. '"
..~
':'~
v.'.~'
. ..'A'a
'.., "
.....'
. .
':....~>
. .' ~ ' .
~.. ~,~, . .
, ~" .
, ~ ~,' .
, ~
DelOra Groves Estates Association, Inc.
~Z'(A
.'
. EXHIBIT A to cc 10/6/94
A Caring Neighborhood
lo'ltltf~
,"~.' ','f
i. , t!\:l I!: Ii;";,:"':., ;!i:
pn~"88
Date ~~EP 2 3 1Y~"t
CITY GIl:hi\
TO~
FROM:
COPIES:
Mayor., Commissioners - CITY OF CLEARWATER
DEL ORa GROVES ESTATES ASSOCIATION, INC.
Betty Deptula, City Manager
William C. Baker, Assistant City Manager
Del Oro Storm Water and Repaving Project
SUBJECT:
DATE:
September 23, 1994
The DelOra Association Board of Directors met on September
14, 1994 to. consider all the facxs relating to the stormwater
and repaving ,project. The board's '~nanimous decision was to
'.accept the city staff's recommendation Alternative II for Phase
l"of the project (New pipes and new pond) with the condition
that the staff will meet with the board regarding the design and
. placement of the pond in the parkland.
In addition, the board would like agreement by the City on
the, following: .
1.Phase- I and II projects would be expedited to proceed as soon
as, possible. Have the design, bidding; and construction proceed
",hi 1 e'. . suhmi t t ing and await i n9 approval from regulatory agenc i es
on the pond treatment. facility.
2..That .the North section of Delara (San Carlos, San Gabriel,
San, Domingo etc.) be scheduled for repaving as soon as possible~
The paving in this area is the same rough surface as that in the
rest of the subdivision.
3.Staff review 'any. future plans for installations under the
,streets so that they can be implemented now rather than tearing
,up.' .,the new streets in the near future. An example is the
.installation of recycled water lines.
4;Funds be alloted for improvments to the Bayshore Park. The Del
Oro Bo~r~ will work with the Parks Deptartment on the design of
the. park for semi-active uses to include some paved walking
paths, henches, picnic tables etc.. These amenities could be
. added in conjunction with the pond construction.
A?J.t>,~
/~ ~&r;Vb.A
. . ,.... ..,11':'.11"_. ...~,.....-li;'- _...~. ........~""'""<l .
~'_.' " '----~i"'~...~;;.l>l:..~-:__. . p' ,'.
",_ ...h .....~~:. .;:"-~~~li-""-":WW~~.~ '"'(j. ~ ~'l"
~{i::~~;~;/'l~/~'i~i:;;~~~/;',~:~.: >.;;~.;, ;:,~~ i,i:,,:,<~(;?"/,~';;". J :-., :.:':,<',';
..-...--
. . .. l . . ~
~\it""":/ ;:'."
<~ ~<.
~~.'
'\. ~ ~ .
1:,,' ',.'t
\'/:,,,:. ~ .
". .,.
~ r-"
;...'
~~. ;',
,.,"
,
.,'\....
.-\, .
-.",
.,..... >
\"'i ,r.~.
i.,
, ~ . .
I ',',:...., ". ''U~"'!'t~! :.'~' c'""
~~,J,,'),'\'C,,;, ,"
/-...~~:J,;, 'j. :. "..
.' ... .;~ .
,> >'l."
....'.
~</'
EXHIBIT A to cc 10/6/94
"\' r:'\
: .,' )
',,-~"
5.Schedule mowing
growing season
of the park more often
should be mowed at least
It
than monthly
bi-monthly
during
the
" ,
,.-+, '"
:~:' ~J '.
~~.. '~ .
~~::':~ ' ..'
:~.\;:.~: ,
:1.1'> l:",
:i">'~"""
'1l""~' in', ^.
-W .:. ~~~:'
~b";:.lt~'~.~~, '." '. t"' .
~l!;;~tiF\(3,),
;~~,?:"\,.",, '.
~;E.:ir~{~~::"':~;:::I>::',:,>' " '" ,
'J#';,,,, '''" ,-'. " '. . ,; ,
t~~l.74.~:.:': .::'';: .',: '.; <. . ' ,
}I', ~( r t '.....', ' ,
~f#~~h)'/,~::'; . . , .
In-~,e".,., ,,'
"
" ,
. c ~ >..'
,;..1
~,,,,,,,,,';'.l;.<':~I' ,>.' .~~., .__~_.h<'''''''''''''--'-._ ~'F:.-.1~J""~:ti'-i'~:~~~.iYf~lI:J-\- ~,
U',. ''';: ~ ~;'C;~'~:~:,~,5:,~,fi}.'~',;I~.r,';~_X~.~,~,~1 ~.~,'f.r~,~,T",~,",: ;~"~",:;:,<;~{.~:~:,~~,~\"~'~~"~.;".'.,~,\;,-,." :~.:~,~~:, ~,.'. ,/ .~: >;:':~- . ' , ., '. ,:,-/; '":,,, <,~"< I ,',..!_,' ,.' );:,r:",,' ':'" ,',;' ~, , '. _~ "; ":,:',,..,),".~':~,.;",',.,.,.:,...:,. '., ;.
'" :.~r':t -..-.:)\ .L"l)~..... ~t' ~ "'~. ~ ....~ f.... - '" ~~s. '-.,. .~ .., ......c t -r " ',~.:,',.;::,.,.i.~~l:.~,.,"," ,:.~~;" .' -
!.+: ~~.1}t~JT.r.~t1l.:~:; ,ti~~}~\.:.. ..ti'": ~l~Y.~.(~),~~~'\:.;,~~\"l;t!J.~:'t~...~;>\'.~: ~/~ ~;r- ~:. .~:.\, ;;' ~ ~!I~.l "", ....i. ~ I '~." J....: : ~ ~....~ . .' {.:" . ";, . ". . .-
J''j; ..... I)" ~-t-~~ " .... ....,.,;~<r'.. .... .
We
patience
stormwater
and wanted
want
to
and time
project.
to explore
Commission and Staff
spent on reaching agreemnt on
We obviously value the parkland
all possibilities of conserving
thank
the
in
it
understanding from Mr.
he heard by
Baker that
Commission at
our decision and
their meeting of
It
requests will
'Oct oher 6 I 1994
is
my
the
,.;>
Sincerely,
Cl J.~ J$&.L..-
Chuck De Blaker,Pres.
, ~'.
: I
.' .,
d.; ,_
. "
...............
p .1
.~.: ',. :,,\ i:",: