10/20/1994 (2)
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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
October 20, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, October 20, 1994 at 6:00 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Barfield
Arthur X. Deegan, 1\
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
, , ' Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor /Commissioner
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
invocation was off~red by Deacon Joseph Polcarj of St. Cecelia's Catholic Church,
In, orde,to provIde contInuIty for research, the items will be listed in agenda order although
n~t nec'essarily dIscussed In that order.
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,Proclamation: Shrjner~s Hospital Benefit Days - November 4 - 5, 1994
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, ". " ,'. Dine Atkins stated at a previous meeting, she had asked the City Commission to
Wr',~:,> ::" " direct the City,Manager to' provide a copy of the Charter Review Committee's response to
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~f;":;:':,i"TEM d:r:c~:::::a~:o::O:i::~~tYGovernment Week. October 23 - 29, 1994
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f:i;/'i, '.~ '. i,::' , " , ': "Commissioner Thomas moved to approve the minutes of the regular meeting of
~~t:;:\::':'. ': ',." " ,O'ctober 6i 1994, as recorded and submitted in written summation by the City Clerk to
WV':J-/,:, ' ,,> :<ea.ch.Commlssioner. The motion was duly seconded and carried unanimously.
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}}~'~>..," ; " ~'ITEM ii, ~ Citizens to be heard re items not on the Aoenda
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Commissioner Thomas' letter to Chair Figurski regarding a ten.page, sworn statement Jay
Elliott submitted to the City on February 3, 1994. The City Clerk said she has attempted
to track a response from the Charter Review Committee. She stated it appears the
Committee never addressed the matter. She is trying to determine if the committee
received Commissioner Thomas' letter.
Charles Marcus questioned why Police Chief Klein did not arrest Owen Hurd when
the Police Department knew Mr, Hurd was operating as a contractor without a license.
Staff will reply. Mr. Marcus left information with the City Clerk,
Bob Wright requested his October 13, 1994 letter regarding the water supply and
stormwater utility be made part of the minutes. (Attached to these minutes as Exhibit A.)
He felt a new Regional Water Authority is a good idea but it will not happen within twenty
years. He suggested sending water to Pasco would be a mistake and recommended the
City build ponds in parks and use the water for irrigation. He stated if the City transfers
reclaimed water to the County, the CountY should pay for it. He noted at the October 17,
'1994 meetingJ the City Commission' directed staff to bring back the first phase of a reuse
plan. He urged the Commission to act as soon as possible as the City's water supply is
today's most urgent problem, He reported he requested Tom Burke, of Camp, Dresser, &
McKee, Inc., to help determine those intereste'd in cooperation.
PUBLIC HEARINGS
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ITEM #8 . Public Hearing. Declare City owned real property, City Park Sub., part of Lots
12 & 13 (37 Causeway Blvd.) surplus to City needs; Lease Agreement to Clearwater
Beach Seafood, Inc., for the period 10/31/94 -04/30/2004 (MR)
On December 12, 1983, the City entered into a 15.year Lease Agreement with,
Clearwater Beach Seafood, Inc. to operata a restaurant and seafood market. On
, September 9, 1986, the first amendment to operate a raw bar with beer and wine sales
for on premise consumption on the first floor was approved. On October 14, 1987, the
second amendment to extend the hours of the raw bar was approved. On November 20,
1990, the third amendment to allow alcoholic beverage sales other than beer and wine for
on premise consumption with meals was approved.
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Mr. William Goodwin, owner of Clearwater Beach Seafood, Inc., has requested the
existing Lease Agreement be extended by five years to April 30, 2004, due to added
expenses of meeting ADA requirements. Under the present City Charter, leases are limited
to 15 years. Because a five-year extension would run beyond 15 years, a new Lease
Agreement' for 1 14 months (9. 5-years) was prepared for Clearwater Beach Seafood, 'nc.
Mr. Goodwin estimates he will spend $40,000 or more on this City owned building to
provide handicap accessibility to the second floor. With approval, the minimum
guaranteed sum will be $300,000 over the term of the lease. Rent of $2.500 will be paid
monthly for 54 months, and increased 10% to $2J750 for the remaining 60 months. Mr.
Goodwin will also pay 5% of annual gross sales in excess of $850,000. The Lessee pays
all taxes, utilitiesJ insurance, refuse collection, and maintenance for the interior and
exterior of the building,
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William Goodwin asked for the extension due to expensive improvements required
to comply with ADA. He stated he was impressed with the changes made to the Pier and
Marina. He presented renderings of how the exterior of the building will be improved to be
in keeping with the tropical seascape theme for the beach.
Anne Garris recommended approval of Mr. Goodwin's request.
John Doran spoke in favor of approval and noted how Mr. Goodwin has gone out of
his way to embrace the Tropical Seascape design.
Bob Bickerstaffe spoke in favor of approval.
Commissioner Thomas moved to approve declaring City owned real property, City
Park Sub., part of Lots 12 & 13 (37 Causeway Blvd,) surplus to City needs and the lease
agreement to Clearwater Beach Seafood, Inc., for the period 10/31/94 -04/30/2004. The
motion was duly seconded.
Commissioner Deegan pointed out this new lease is not iust an extension and it
should stand on its own merit. He questioned if the provision that no percentage of gross
sales would be paid the first year was intentional or the result of an oversight.
Harbormaster Bill Held indicated that was a carryover from the original lease.
, Commissioner Thomas recommended striking that clause. Mr. Goodwin agreed.
Commissioner Deegan referred to page 5 of the agreement and questioned the size
of the'deposit being requested. Mr. Held felt the deposit had been made with the original
, lease and did not need to be raised to the proposed monthly 'rate. Commissioner Deegan
recommended the amount reflect the current monthly rental rate. Mr. Goodwin agreed
, with the change.
. Commissioner Thomas moved to amend his motion to include these two changes.
The seconder agreed.
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Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas questioned when the improvements would be completed,
Mr~ Goodwin indicated he plans to start as soon as the season is over.
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iTEM #9 - Public HearinQ - Declare Parcel 811 (lying along US 19N, between SR 60 & the
CSX transportation r-o-w N of Drew St.) as surplus for conveyance by grant of permanent
easement to FOOT for drainage purposes; Res. #94-78 - authorizing City officials to
execute the permanent easement to FOOT (EN)
. ,1/ The Florida Department of Transportation (FOOT) is proposing improvements to US
19N between SR 60 and the CSX Railroad beginning in FY 1995/96 to include a six-lane
. overpass at Drew Street, frontage roads and intersection improvements, The project
requires FOOT to obtain additional rights-of-way along US 19N.
minCC 1 Od.94
10/20/94
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To facilitate the project, FOOT requests the City convey a permanent easement for
drainage purposes in an approximately 400 square foot parcel, Parcel 811, to provide
outfall into the detention pond on the City's Carpenter Field property.
Conditions require the City's right to use the property remain unobstructed, that
FOOT pay all costs to install and maintain its drainage facilities, that FOOT shall de.fend,
indemnify and hold the City harmless from claims, damages, losses and expenses
associated with its use of the easement premises, and that the easement rights will
terminate at such time as the easement is abandoned or its purposes cease to exist,
Commissioner Fitzgerald moved to approve declaring parcel 811 (lying along US
19N, between SR 60 & the CSX transportation right-of.way north of Orew Street) as
surplus for conveyance by grant of permanent easement to FOOT for drainage purposes.
" " , The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution #94-78 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #94-78 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
nAyesn: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #10 - Public Hearino & First Reading Ords. #5697-94. #5698-94 & #5699.94 -
Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property
located at 1304 Ridge Ave., Highland Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o,l.
(Pappas, A94-20, ~UP94.23)(CP)
The applicant wishes to annex the subject property at the southwest corner of
Gentry Street and Ridge Avenue to obtain City sewer service, Properties to the north,
south and west are in the City. The applicant's property and the property to the east are
in the County. It is proposed to assign the Residential Low Future Land Use Plan
, Classification, the same zoning as the adjacent lots in the City. On October 4, 1994, the
, Planning and Zoning Board held a public hearing an this application and unanimously
endorsed the proposed Annexation, Future Land Use Plan Amendment and Zoning Atlas
Amendment. '
Commissioner Berfietd moved to approve anne~ation and the Land Use Plan
Amendment to Residential Low & RS-8 Zoning for property located at 1304 Ridge Avenue.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5697-94 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5697-94 on first reading.
~he' motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
, minCC10d.94
10/20/94
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The City Attorney presented Ordinance #5698.94 for first reading and read it by
tit\e on\y. Commissioner Thomas moved to pass Ordinance 115698~94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan. Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance 115699-94 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5699-94 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 Readino Ord. #5711-94 - Vacating 40' r~o-w easement
lying along the N line of M&B 14.02, Sec. 17-29.16, subject to W 15' & N 3.5' being
retained as a drainage & utility easement (Parkwood Estates, V94.1 O)(CP)
The applicant is requesting the vacation of the 40.foot right-of-way easement lying
along the north property line. Several mobile homes encroach into the subject easement.
No City utilities lie within the easement. Engineering has no objections provided the west
15-1eet and the north 3.5~feet are retained as a drainage and utility easement.
Commissioner Thomas moved to approve vacating the 40-foot right-of-way
easement lying along the north line of M&B 14.02, Sec. 17-29~16, subject to W 15' & N
3.5' being retained as a drainage & utilitv easement. The motion was duly seconded and
'carried unanimously.
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,The'City Attorney presented Ordinance #5711-94 for first reading and read it by
, title only. ,Commissioner Berfield moved to pass Ordinance 115711.94 on first reading.
'The motion was duly seconded and upon roll call, the vote was:
.. Ayes"; Fitzgerald, Barfield. Deegan, Thomas and Garvey.
"Nays": None.
ITEM #12 - Public' Hearing & First Reading Ord. #5712-94. Vacating 20' r-o-w of
Eastmoor Ave., lying along W side of Bllt B2, No. 2 Springfield Sub. and lying E of Blk A,
'No.1 Springfield Sub., subject to it all being retained as a drainage & utility easement
.' (City, V94-11 HCP)
"The City's Engineering Department is requesting the vacation of the unimproved
right~'of-way 'of Eastmoor Avenue. This north/south right-of-way runs from Palmetto to'
, Palm Bluff and is adjacent to the rear property line of the single family homes on either
, 'side. The adjacent homes,all have direct access'to a paved City street.
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10/20/94
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Several homeowners have complained about debris and garbage dumped in the
right.of-way behind their homes. Upon vacation, the property would reconvey to adjoining
property owners.
Ron Lane said he owns property in the subdivision and has maintained the right-of-
way behind his property for more than 1 5 years. He understood property owners on the
west of the right-of.way will be granted a larger portion of the vacated land, He
questioned his responsibilities and rights regarding this issue. Mr. Shuford indicated he
will provide Mr. Lane with additional information. Mr. Baker explained if the property was
originally part of a west side lot prior to the establishment of a right-of-way. that land will
all go back to that property.
Mr. Lane expressed concerns about his property's value and requested access to
the right-of-way be blocked off from Palmetto Street to discourage continued dumping.
Mr. Baker indicated residents will have the right to erect fences. The City Attorney stated
the City does not control the ownership issue.
Commissioner Deegan questioned if the properties to the west have expressed an
interest in maintaining the subject land. Mr. Baker noted if the vacation is approved, the
City still owns the rights-of~way at Palm Bluff and Palmetto and could close them to
prohibit outsiders from dumping trash. Mayor Garvey suggested a temporary six-month
, barrier would be adequate.
, Barbara Williams, a property owner from the west side of the right-of-way, stated
,she and other residents want the available property.
, Commissioner Deegan moved to approve vacating 20-feet of right-of-way of
. Eastmoor Ave., lying along west side of 811< 82, No, 2 Springfield Subdivision and lying
, east.of Blk A, No.1 Springfield Subdivision, subject to it all being retained as a drainage
and utility easement. The motion was duly seconded and carried unanimously,
The City Attorney presented Ordinance #5712-94 for first reading and read it by
title only. Commissiorier Fitzgerald moved to pass Ordinance 115712-94 on first reading.
" The motion' was duly seconded and upon roll call, the vote was:
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IIAyesll: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naysll: None.
, ,Mayor ,Garvey recommended the vacated property be monitored to see if a
temporary barricade is needed.
, ITEM #13 - Variance's) to Sian Regulations for prooertv (Horizon House) located at 31
,Island Way, Island, Estates of Clearwater Unit 2, Tract A (Horlzon House Inc, of
Clearwater, SV94.34)(CP)
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. The applicant is requesting: 1 J an area variance of 406.13 square feet from the
permitted 40 square feet to allow 446.13 square feet of attached signs; 2) a variance of
'minCe10d.94
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10/20/94
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two attached signs from the permitted one attached sign to allow three attached signs;
and 3) a ratio variance of 2,17 square feet of sign area per foot of building width from the
permitted 1.5 square feet per foot of building width to allow a ratio of 3.67 square feet
per foot of building width.
The subject property, on the east side of Island Way north of Memorial Causeway,
is in the Multiple Family Residential zoning district. The variance is requested to permit the
continuation of the existing sign until Spring 1995 when the building will be repainted and
the sign brought into compliance. Staff recommends accommodating the request by
delaying enforcement rather tl1an granting the variance.
Wayne Fulton, President of Horizon House, verified pictures of the signage as
presented by Mr. Shuford. He indicated staff has recommended a 180 dav delay in
, enforcement until the sign is painted over in the Spring. Commissioner Thomas questioned
if he agrees with the recommendation, Mr. Fulton said he did.
Commissioner Berfield moved to deny the variance requests but to delay for 180
days enforcement of the sign code regulations for the Horizon House, 31 Island Way. The
motton was duly seconded.
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Commissioner Deegan questioned if the building will have any signage once the
present sig.ns are concealed. Mr. Fulton indicated there would be signage.
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Upon the vote being taken. the motion carrled unanimously.
fTEM #14 - (Cont'd from 09/01/941 Public Hearinq & First ReadinCJ Ord. 5667-94-
Creating Sec. 36.039. to establish a Tropical Seascape Design Review Committee.
establish powers, duties & jurisdiction for the committee (LDCA94-23HCP)
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The amendment to the Land Development Code would establish a Tropical
Seascape Design Review Committee for nonresidential sections of Clearwater Beach to
implement measures of the Clearwater Beach Blue Ribbon Task Force Report. this
ordinance, modeled after the N Greenwood Design Review Committee regulations,
establishes a seven-member Committee to implement Tropical Seascape design guidelines
to be developed by the Committee.
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The scope of the Committee's review will be limited to building plans for new
buildings, additions and facade alterations requiring the issuance of building permits, and
," '~,:: sign plans for which sign permits are required or requested. The Committee will also
provide policy-type input on design and development issues on Clearwater Beach.
On August 16, 1994, the Planning and Zoning Board recommended approval of this
code amendment by a vote of 5-1. The Board discussed adding an appeal structure to the
amendments but did not act on the discussion. Several board members expressed an
interest in receiving a copy of the design guidelines, once developed. for review and
comment;
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10/20/94
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Should the Commission wish to add a section on appeals, staff recommends
appeals going to the City Commission after a minimum of three good faith applications for
the same project being denied by the Review Committee to prevent efforts to "end-runll
the Committee through the appeal process.
On September 22,1994, the Development Code Adjustment Board recommended
denial of this code amendment by a vote of 3-2; the members so recommending stated
that they opposed the concept of 8' regulatory design review process on Clearwater Beach.
There has been discussion about creating a single design review board for the
Clearwater Beach, Downtown Clearwater, and North Greenwood Commercial districts.
Since a separate set of design guidelines would cover each area, there is no reason why a
single board could not review all design related requests in these three different areas of
the City.
If the Commission is interested in pursuing this, it is recommended that the
attached ordinance be significantly revised to indicate its application in these three areas of
the City, to change the composition of the board membership to include representatives
from each of these three areas, and other changes of a more editorial nature. Because of
the extent of the changes, staff would recommend readvertisement of the item and
reconsideration by the Planning and Zoning Board and Development Code Adjustment
Board.
Mayor Garvey spoke in opposition to the recommendation because the City does
not need another committee to oversee development issues. She felt the guidelines should
be voluntary, not mandatory and noted the guidelines have not yet been developed. Mr,
Shuford thought the Commission wanted the Committee to offer input on the guidelines.
He indicated the Development Code Adjustment Board IDCAB) had expressed concerns
regarding a lack of specifics. The Mayor recommended a Task Force be appointed to deal
only with the guidelines. Mr. Shuford stated draft design guidelines developed by
subcommittees of the Clearwater Beach Association and Chamber of Commerce will be
shared with the Committee as well as draft guidelines for N Greenwood and Downtown.
Mayor Garvey said she was not in favor of one design review board responsible for all
three areas.
" Commissioner Fitzgerald stated if a single design committee is appointed, it might
be confusing 'as the guidelines are mandatory for the beach while the ones for Downtown
and N Greenwood are not. Mr. Shuford noted the design guideUnes in N Greenwood have
included zoning incentives that have not been very successful. The grant program the
Commission established has been more effective. Commissioner Fitzgerald expressed
concerns it would be difficult for one committee to operate under three different sets of
rules. Mr. Shuford stated in Wilmington, NC, several different historic districts had
different requirements. A different set of documents was used for each district.
Commissioner Fitzgerald agreed it could be lil~e the Planning & Zoning Board (P&Z) which
deals with different areas. Mr. Shuford believed one single committee could be
successful.
minCe 1 Od .94
8
10/20/94
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Commissioner Thomas indicated he supported this issue. He questioned the
constitutionality of the City imposing design guidelines and if that could be considered a
taking of property rights. The City Attorney reported these types of ordinances have been
upheld when a city has valid reasons for establishing them,
Commissioner Thomas stated he would like an appeal mechanism established and
recommended the City Commission act as the appellate group, He requested the
committee present the design guidelines they create to the City Commission for approval.
He suggested the language include reference to permitting board members to serve for
two full 4~year terms so those appointed for a shorter first term will be provided that
opportunity.
Commissioner Deegan questioned what was included in the draft of design
guidelines for Downtown for an incentive program. He thought they indicated anyone
applying for a no.interest loan is required to submit plans that comply with the design
guidelines. Mr. Shufqrd said that was correct.
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Commissioner Deegan noted guidelines for Downtown are SImilar to those for N
Greenwood. As former Chair of the Beach Blue Ribbon Task Force, he recalled the reasons
for the, guidelines were to prevent continuing deterioration. He favors guidelines and the
establishment of a committee developing them, He endorsed establishing one board for all
design review. He requested staff take this item back for substantial revision and draft a
prop,osal for one committee. He felt is was time to get input from people on the beach.
Commissioner Berfield agreed the first decision should be on the number of
committees. She noted the background information addresses Commissioner Thomas'
concern regarding the appeal process. She recommended an appeal process be included in
the, ordinance.
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Commissioner Barfield moved that staff develop an ordinance to establish one
committee to oversee design review for the Beach, Downtown, and N Greenwood and
other districts that may be established. The motion was duly seconded.
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Commissioner Thomas indicated he would vote against the motion because he felt
the three communities have a diversity of concerns, He recommended establishing
separate boards. He noted the economic differences between these three communities are
great. He felt It would be too much work far one group of people. Mayor Garvey pointed
out a single committee could act as a uniting force, depending on who the Commission
appoints.
Commissioner Berfield noted the City currently has boards that address the entire
City~ She mentioned the difficulty in finding qualified people to fill the Downtown and
Greenwood committees. She suggested each section of the City be represented on the
committee.. She pointed out committee members will need expertise to be effective.
,Commissioner Thomas referred to the ordinance's language that three of the
" c'ommittee members shall be property owners. Commissioner Berfield agreed, but pointed
", out the motion was for the appointment of only one committee. She noted the ordinance
is not valid if the Commission approves the appointment of only one committee.
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Commissioner Fitzgerald supported asking staff to review this and return with a
single board concept. He suggested once the ramifications ara addressed, the Commission
can vote to approve or deny it. He agreed with the single board approach and noted the
concept as presented will need to be reworked.
Commissioner Thomas noted this item addresses the tropical seascape design for
Clearwater Beach and the Commission was totally changing that. He expressed concerns
the motivation for developing a tropical seascape theme for Clearwater Beach has now
been lost. Commissioner Deegan stated it will not be lost because the first task of this
committee will be to develop a set of tropical seascape guidelines. Commissioner Thomas
agreed staff should review this issue. He expressed concerns the City will lose what it is
trying to accomplish. He complimented Mr. Goodwin for voluntarily accepting the Tropical
Seascape theme for his remodeling project. The Mayor noted that begged the issue if a
committee is needed if merchants are voluntarily complying.
Upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan, and
Thomas voted ft Aye; ft Mayor Garvey voted "Nay, ft Motion carried.
Consensus was to add an appeal process to the Ordinance.
ITEM #15 ~ (Cont'd from 09/01/94) Public Hearing & First Readina Ord. 5668-94-
Amending various sections within Chapters 35, 36, 40, 41 & 42, revising alcoholic
beverages sales regulations, establish new definitions, create a new appeals process,
establish a new "nightclubs, taverns, and bars" use & establish conditional use standards
(LDCA 94-17)(CP)
Commissioner Thomas moved to continue this item to November 17, 1994. The
motion was duly seconded and carried unanimously.
Commissioner Deegan expressed a word of caution about the length of the
November 17, 1994 meeting.
ITEM U1 Sa - (Cont'd from 10106/94) Second Readina Ord. #5571-94 - CPO Zoning for
property located at 706~712 Magnolia Drive, Magnolia Park, Blk 31, Lots 6.9; and Final
Site Plan subject to DRC & P&Z conditions (Shaughnessy, flnla Nations Bank Florida, Z94-
03HCP)
This item was continued from the October 6, 1994 Commission meeting to allow
staff to investigate the density issue raised at that meeting. The investigation revealed the
applicant mistakenly treated a right-of-way easement over the easterly 20-feet of Lot 6 as
dedicated right~of-way. Adding this easement to the lot area calculations results in a 0.66
, acre lot, allowing the requested 32 beds. The plan is being corrected to reflect the correct
acreage.
The subject property is located on the northwest corner of Myrtle Avenue and
Magnolia Drive. The applicant wishes to obtain a zoning change to permit him to use the
existing structure for a congregate care facility with up to 32 beds. It is proposed to
rezone the property to Commercial Planned Development. The Future Land Use Plan
minCe10d.94
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1 0/20/94
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Classification of Commercial General would not be changed. The zoning change would
allow a maximum density of 24 units per acre, or 48 beds per acre.
On June 14, 1994, the Planning & Zoning Board held a public hearing and
unanimously endorsed the proposed Zoning Atlas Amendment to Commercial Planned
Development to the City Commission subject to meeting the proposed permitted uses: 1)
level I group care; 2) level II group care; 3) congregate cars; 4) indoor retail sales; 5)
personal services; 6) restaurants; 7) business/professional offices; 8) 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; 1 5)
detached single-family dwellings; 16) family care; 17) remote switching stations; and 18)
accessory uses; and limiting conditional uses to: 1) business services; 2) alcoholic
beverage sales (consumption on premises); 3) alcoholic beverage sales (package sales); 4)
child day care; 5) veterinary offices; 6) residential shelters; and 7) non commercial parking;
and the signage be restricted to a 20-feet high, 50-square foot free standing sign and a
maximum of 48 square feet of attached signage.
On September 8, 1994, the Development Review Committee (ORC) reviewed the
proposed site plan and recommended the City Commission approve the site plan subject to
the following recommended conditions of approval: 1) Signs and fencing/walls are subject
to separate review and permitting processes; 2) The requisite building permits must be
procured within one year from the date of certification of the final site plan and all
requisites certificates of occupancy must be obtained within three 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} The minimum turning radius for
designated drives and tire lanes shall be 42-feet; 5) If the existing Fire Department
'connoction 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 certification, the
Dumpster Requirement Form must be completed and returned to the City Sanitation
Department: 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.
Mr. Shuford reiterated staff has verified that 32 beds are allowed, Commissioner
Fitzgerald thanked Mr. Shuford for correcting the record.
Commissioner Berfield moved to approve CPO Zoning for property located at 706-
712 Magnoli~ Drive and final site plar subject to ttle listed ORC & P&Z conditions.
The City Attorney presented Ordinance 115571 -94 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5571-94 on
second and 'final reading. The motion was duly seconded and upon roll call, the'vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
minCC10d.94
1 0/20/94
11
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ITEM #15b - Public Hearino - Declare property (from NW corner of NE 1/4 of SE 1/4 of
Sec. 18-29-16, run E 11.2' & S 50' to point of beginning (POB); thence run E 17.8', S
65', W 17.8', N 65' to POB) surplus to City needs for purpose of conveyance of City-
owned well site #47 to Florida Power Corp. in exchange for a permanent easement for
another, more productive, well site within the FPC transmission towers r-o-w; this
transaction is to accommodate development of the Storm's Driving Range for a Builder's
Square operation & will meet requirements of a FOOT directive; Res. #94-77 - authorizing
city officials to execute the agreement and deed of conveyance (EN)
In 1965, the City acquired from Florida Power Corporation (FPC) an 1,147 square
foot parcel at the intersection of Gulf-to-Say and Old Coachman to be used as a well site.
Because of substandard water quality at this location, the well site was abandoned
approximately 20 years ago.
..
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The Florida Department of Transportation (FDOT) requires aligning the
ingress/egress of the new Builder's Square facility adjoining, well site 1147 with the
intersection of Old Coachman and Gulf-to-Bay. To accommodate FDOT requirements, FPC
proposes granting an ingress/egress easement, including the well site 1147 parcel, to SCBS,
Ltd., the developer of the Builder's Square property. In exchange for the City parcel, FPC
will allow the City consultant, Camp, Dresser & McKee, to determine another location
within the FPC Higgins-Disston right-of-way that would provide the City with a productive
well site. When a mutually acceptable site is located, FPC will grant the City a permanent
easement to allow installation and operation of a City well, The new site is to be located
and the easement granted within 12 months of the City conveying title to well site 1147.
All transaction related costs, if any, are to be borne by FPC.
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Mr. Baker reported the land is valueless to the City, Florida Power will negotiate
with the developer of Builder's Square regarding an access agreement.
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Ed Armstrong, representative for Builder's Square. expressed concerns regarding
the project and referred to possible unintended consequences of an ordinance passed by
the City Commission in April 1994 regarding the "Possibility of Reverter" to the City. He
stated the ordinance stipulates if the City conveys property and certain things happen after
the fact, the title would automatically revert to the City. He noted the lender will not lend
money for the project nor will the title insurance company insure access via that easement
If the possibility of a future reversion of the title to the City exists. He suggested the
Commission authorize the City Attorney and City Manager to confer and draft a non-
disturbance agreement. He warned jf that agreement is not reached, the project will die.
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The City Attorney reported the ordinance requires a reverter clause and unless the
ordinance is changed, one must be included. The non-disturbance agreement
recommended by Mr. Armstrong would grant Builder's Square with a permanent
easement.
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, Commissioner Thomas pointed out the City is giving up a piece of property of fee
simple title for an easement for a piece of property. He suggested a swap of like parcels
of land would not trigger the ordinance. The City Attorney reported the ordinance does
refer to property being "sold,"
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minCC10d.94
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1 0/20/94
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Commissioner Deegan moved to declare property (from NW corner of NE 1/4 of SE
1/4 of Sec. 18-29-16, run E 11,2' & S 50' to point of beginning (POBI; thence run E
17.8', S 65', W 17.8', N 65' to POB) surplus to City needs for the purpose of conveyance
of City-owned well site 1147 to Florida Power Corporation in exchange for a permanent
easement for another, more productive, well site within the FPC transmission towers right-
of-way. The motion was duly seconded and carried unanimously.
The City Attorney reported the ordinance passed in April does say "sold" and the
City is not selling the property. The City Manager indicated this agreement is between the
City and Florida Power, The City Attorney said the ordinance addresses sales, not all
conveyances. Mr. Armstrong questioned if the reverter language could be dropped from
the proposed deed. The City Attorney agreed that language could be dropped.
Commissioner Thomas expressed concerns that the City was giving real estate and
real title for an easement and requested staff to be certain this is what the City wants.
Mr. Armstrong reported he had spoken with Earl Barrett, Real Estate Services Manager,
who Indicated the City is not interested in acquiring fee title because of the liability
associated with ownership. Commissioner Thomas requested clarification that this action
is in the City's best interest. Mr. Baker said the City is getting what it wants and only
plans to exercise water rights on the easement.
The City Attorney presented Resolution 1194-77 and read it by title only.
Commission'er Thomas moved to pass and adopt Resolution 1194-77 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 1/15c - (Cont'd from 09/0 1 & 10106/94) Variance(s) to Sign Reoulations for property
'located at 20967 US 19N, Sec. 17-29-16, M&B 23.05 (Clearwater Motel, Inc./Howard
Johnson Motel, 5V94-24HCP) - To be cont'd to 11/03/94
When this item was continued at the October 6th meeting to October 20th, it was
past the deadline for advertising for the 20th.
Commissioner Berfield moved to continue this item to November 3, 1994. The
motion was duly seconded and carried unanimously.
1
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Public Hearing - Second Reading Ordinances
ITEM 1116 - Ord. #5632-94 - 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
displa\,s, amending Sec. 42.34, to delete requirements for temporary commercial parking
IOtS"8S found in the section (LDCA 93-22)
minCC10d.94
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10/20/94
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The City Attorney presented Ordinance 1/5632-94 for second reading and read it by
title only.
Anne Garris questioned why the ordinance does not address commercial parking at
beach motels. Commissioner Deegan indicated the parking issue will appear on the
November 17, 1994 agenda.
Anne Garris noted when some of the larger hotels host frequent large recreational
activities, it can be difficult for many residents to access the driveways at their homes. In
the past when she questioned the size crowds theses events attract, staff advised her
they are authorized by the City activities committee. She questioned if anything in this
ordinance enables, the City to be more stern about encouraging hotels to provide alternate
transportation to the beaches for large events. Mr. Shuford stated the City has a Special
Events Ordinance and Committee which allows the City to waive many normal regulations
in order to accommodate a special event when some public property is involved. He and
the Parks & Recreation Director, Ream Wilson, have discussed developing additional
procedures. Ms. Garris questioned if that issue will be addressed in a separate ordinance.
Mr. Shuford replied it will.
Commissioner Deegan referred to the top of page five, paragraphs five and six,
where commercial parking is discussed. He suggested these paragraphs be preserved until
the November 1 7, 1 994 discussion, He noted this section limits parking uses to what is
listed. Mr. Shuford acknowledged this more restrictive language will be in place for about
two and a half months. Commissioner Deegan recommended leaving the more permissive
language'in place until November 1 7. The City Attorney stated if substantial changes are
made, a new 1 st reading wilt have to be approved. Mr. Shuford suggested bringing it back
on November 17, for a 2nd reading on December 1. The City Manager pointed out
pumpkin sales will not be allowed if this item is continued.
Commissioner Thomas questioned if paragraph sub 10, which is present law, is left
in would that be considered a significant change. The City Attorney said it would need to
be redone. Commissioner Thomas questioned who would complain if the City Commission
left it in. He noted-the Commission will be discussing an entirely new package within 30
days. While the City Attorney agreed it is not likely the City will get sued over this, she
, stated procedural correctness and due process is important. She expressed the need to be
as conservative as possible.
The Mayor questioned language in 23a, tiThe outdoor use shall not adversely affect
community appearance objectives of the City," and questioned how that sentence will be
defined and by whom. Mr. Shuford stated this was an equity issue based on the number
of businesses with grandfathered uses. The Mayor questioned what limits remained. He
stated staff will ask those seeking conditional use permits to describe their plans and the
Plam;h;g &. Zoning Board will decide if they are appropriate. The Mayor noted this is a
subjective issue. Mr. Shuford said it is better to have a board make that subjective
decision than staff.
Commissioner Deegan referred to 23 and questioned if the meaning of the word
IIpermitted" is used in the same context as the zoning laws. Mr. Shuford stated things
that "may be" permitted are not automatically permitted.
minCC10d.94
14
10/20/94
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Commissioner Deegan noted 23 does not list Resort Commercial. Mr. Shuford said
this ordinance only deals with the conditional use equity issue. Temporary uses would be
allowed in any commercial zoning district. Commissioner Deegan said he received a
request from a citizen interested in outdoor retail sales along the Pine lias Trail in an In.fill
Commercial (CI) zone. Mr. Shuford reported outdoor sales are allowed in Cl by code. He
said it was a scrivener's error that In.fill Commercial was not included in the list. He
indicated "in.fill commercial" should be included following "highway commercial."
Commissioner Deegan moved to pass and adopt Ordinance 1/5632-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan. Thomas and Garvey.
"Nays": None,
ITEM "17 . Ord. #5658.94. Amending See, 35.11, to establish definitions for "Outdoor
Cafe," Sidewalk Vendor," and "Vendor Stand;t1 amending Ch. 41, creating a new division
12 to establish requirements for locating and operating outdoor cafes and sidewalk vendor
operations (LOCA 94.13)( 1 st readinQ was cont'd on 10106 to 11/17/94)
Commissioner Deegan moved to continue this item to the appropriate meeting. The
motion was duly seconded and carried unanimously.
ITEM #18 - Ord. #5666.94. to increase permitted height bonus for structures with
parking beneath the building (LDCA 94-161
: The City Attorney presented Ordinance 115666.94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 1/5666-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
,nNays": None.
, , : JTEM #19 . Ord. #5685.94. Annexation for property located at 1700 EI Trinidad Dr.,
, : Virginia Grove Terrace, Blk 2, Lot 1 (Mumford Investments Ltd., A94-19)
\
" The City Attorney presented Ordinance 115685-94 for second reading and read it by
, title only. Commissioner Berfield moved to pass and adopt Ordinance 1/5685-94 on
seco"d and final reading. The motion was duly seconded and upon roll call, the vote was:
"A yes": Fitzgerald, Berfield, Deegan, Thomas and Garvey,
IINaysll: None.
rreM #20 .. Ord. t/5686.94 . land Use Plan Amendment to Residential Low for property
" .. located at 1700 EI Trinidad Dr., Virginia Grove Terrace. Blk 2, lot 1 (Mumford Investments
:' Ltd.,' LUP94.22)
minCe10d.94
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The City Attornev presented Ordinance #5686.94 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5686-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote vyas:
"Ayes": Fitzgerald, Berfield. Deegan, Thomas and Garvey.
"Nays": None.
ITEM #21 R Ord. #5687~94 ~ RPD-E Zoning for property located at 1700 EI Trinidad Dr..
Virginia Grove Terrace, Blk 2, Lot 1 (Mumford Investments Ltd., A94-19)
The City Attorney presented Ordinance #5687-94 for second reading and read It by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5687-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #22 ~ Ord. #5688-94 - Annexation for property located at 375 Hampton Rd., Sec,
17~29-16,' M&B 13.06 (City of Clearwater, A94-18)
The City Attorney presented Ordinance #5688-94 for second reading and read it by
title only.' Commissioner Fitzgerald moved to pass and adopt 'ordinance #5688-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
, ,
'ITEM #23 - Ord. #5689-94 - Land Use Plan Amendment to Residential Urban for property
located at 375' Hampton Rd., Sec, 17-29-16, M&B 13.06 (City of Clearwater, LUP94-21)
,', 'The City Att9rney presented Ordinance 1/ 5689-94 for second reading and read it by
t~tle,only. Commissioner Berfteld moved to pass and adopt Ordinance #5689-94 on
.. , ' second and final reading: The motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
minCe10d.94
16
10/20/94
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"Nays": Berfield.
Motion carried.
ITEM 1/26 ~ 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 presented Ordinance #5693.94 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5693-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
ftAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naysfl: None.
ITEM #26 ~ Ord. #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, V94-09)
The City Attorney presented Ordinance 115695-94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5695.94 on
_ ~econd and final reading. The motion was duly seconded and upon roll call, the vote was:
tlAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #27 - Ord. #5696.94. Vacating N 12' of 60' drainage & utility easement retained in
a previous yacation 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., V94.13)
I The,City Attorney presented Ordinance #5696.94 for second reading and read it by
:title only. Commissioner Berfield moved to pass and adopt Ordinance #5696-94 on
'second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": Nom~'.
,ITEM 1/28 - Soeciallt'ems of widesoread public interest - None.
, , ITEM #29 .'Citizens to be heard re items not on the Agenda - None,
The Commission recessed from 8:08 to 8:25 p,m.
, minCC10d~94'
17
10/20/94
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #30-32) - Approved as submitted less Item 1131.
ITEM 1/30 - Receillt/Referral - Request for a Notice of Proposed Change (NOPC) to the
approved Park Place Development Order; authorize staff to proceed with intergovernmental
coordination of this item with TBRPC and the FDCA (CP)
ITEM 1t31 - See below,
ITEM 1132 - Preliminary Site Plan for Morritt Parking Lot located near the SE corner of S.
Ft. Harrison Ave, & Pinellas St. (Morton Plant Health System, Inc.)(CP) Authorize the ORC
to approve a final site plan subject to the following 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 alt requisites certificates of occupancy must be obtained within three 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) TI1e minimum turning radius for designated drives and fire lanes shall be
42 feet; 61 A fire hydrant assembly shall be installed not more than 300 feet from each
structure; 6) Prior to certification, a copy of the SWFWMD permit application is to be
provided to Engineering Site Plan Review; 7) Prior to the issuance of a bunding permit, a
copy of the approved SWFWMD permit IS to be provided to Engineering Site Plan Review;
8) Prior to certification, the final site plan must be signed and sealed by a Professional
Engineer registered in the State of Florida; 9) Sidewalks are required adjacent to all street
rights-of~way; 10) Handicap spaces must be adjusted to meet government standards; 11)
Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer; 12)
Dimensions to be shown on the plan to denote measurements for aisles, parking stalls,
entrances, etc.
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less
Item 31 and that the appropriate officials be authorized to execute same, The motion was
, duh/ seconded and cnrried unanimously.
ITEM #31 - Receipt/Referral - LDCA re car rental operations in the Beach Commercial &
Resort Commercial 28 zoning districts; statf report re this code amendment requested by
others (CPI
Staff received a request from Jerry Miller regarding establishing a car rental
operation on Clearwater Beach. Currently, none of Clearwater Beach zoning districts
permits car rental operations. Car rentals are regulated under the use category of outdoor
, retail sales, displays. and'storage. Existing beach car rental operations were established
prior to current land development code requirements. Given the tourist nature of
Clearwater Beach; staff feels the use appears appropriate.
Commissioner Thomas recommended limiting how old the rental cars can be and to
define a quality level. The City Attorney said she would see if that is a permissible
regulation,
minCe 1 Cd. 94
18
10/20/94
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Commissioner Thomas moved to receive and refer the Land Development Code
Amendment regarding car rental operations in the Beach Commercial & Resort Commercial
28 zoning districts subject to the research of "rent.a.heap" type businesses. There was
no second.
Commissioner Deegan moved to receive and refer the Land Development Code
Amendment regarding car rental operations in the Beach Commercial & Resort Commercial
28 zoning districts. There was no second.
Commissioner Berfield stated slle did not agree witl1 the proposition. Commissioner
Fitzgerald did not tl1inl< the issue was in the best interest of the City. Commissioner
, Berfield suggested Legal help formulate a motion that includes control over the types of
vehicles that will be rented.
Commissioner Thomas moved to receive and refer the Land Development Code
Amendment regarding car rental operations in the Beach Commercial & Resort Commercial
28 zoning districts provided staff research the ability not to have junk cars, heaps, or
demolition derby type vehicles for rent and they be new or like new vehicles. The motion
was seconded.
The Mayor suggested if the Legal Department finds there is no legal way to control
the rentals, tile Commission should be advised by memorandum instead of bringing back
the item on an agenda. Commissioner Deegan stated Legal may find these limits are legal
and ,suggested the Commission can start the receipt and referral process.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas and
Mayor Garvey voted "Aye;" COlllmissioner Fitzgerald voted "Nay." Motion carried.
OTHER ITEMS ON CITY MANAGER REPORT
'ITEM #33 ~ Areas of Clearwater Iikelv to be redeveloped (ef)
'I
1
As part of Its strategic planning session, the City Comm'ission requested staff
identify areas where redevelopment activities could be expected, Staff's research with the
Property Appraiser's office identified three major Clearwater building "booms": the
,1920's; 1950's; and 1 97048. Since much time has elapsed since the initial development.
m~st areas in the City are "ripelt for redevelopment. In particular, developments built in '
the 1950's 'are most likely to require redevelopment or property improvement activities in
the near future.
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Though Clearwater is almost "built-out," the City can expect continual permitting
, activity due to the age of most Clearwater properties. As these structures reach the end
of their useful lives, replacement or improvement will OCell(. Regulatory requirements such
as concurrency and impact fee credits make redevelopment of previously-developed
properties more attractive. Recent examples include: 1) demolition of Loehman's Plaza on
: US 19N for Wal-Mart: 2) demolition of Jersey Jim Towers' buildings at US 19N and SR 60
for Samls Club: 3) demolition of Seahawk Restaurant on SR 60 for Pep Boys; 4)
demolition of shops and offices on Mandalay Avenue for Pelican Wall<; 5) pending
"
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minCe10d.94
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10/20/94
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demolition of some Searstown Plaza structures on Missouri Avenue for Albertson's; and 6)
demolition of numerous structures located on waterfront or near-waterfront properties for
new residential development.
Mr. Shuford reported the Property Appraiser's office provided a series of maps
highlighting decades of County development. Clearwater's inner suburbs were developed
in the 1950's while Countryside was developed in the 1970's. He said buildings near the
end of their effective life are not concentrated in one area. He noted LandUse Digest has
identified Tampa Bay as one of the top job growth areas in the country for 1994 through
1996.
Commissioner Deegan sald he did not make this request but indicated he is not
interested in the age of buildings but in identifying areas most in need of redevelopment so
the Commission can address that need. The Mayor stated the age of buildings dictates
where the need will develop, Commissioner Deegan felt the City should help where the
need exists.
Commissioner Thomas felt the area west of Missouri Avenue should be closely
, reviewed and noted if older areas are not redeveloped, the newer areas will pay for it. He
noted the decline in property values along the N Ft. Harrison corridor. He felt the City
needs to solve the problem and not just say problems exist everywhere. He suggested the
Commission should focus where the greatest return on investment is possible and
,recommended concentrating on the N Ft. Harrison corridor and Clearwater Beach where
, many properties are undervalued. The Mayor noted much of the area around Downtown
would benefit from redevelopment.
. Commissioner Deegan stated strategic planning and economic development must
provide the impetus for this project. Mr, Shuford reported the economic redevelopment
plan will be developed after the Enterprise Zone work is completed and focus
neighborhoods can be identified.
lTj:M #34 ~ NE Coachman Road Zoning Imoact Stud~ - recommendation to not pursue
rezoning of subject properties from RS-8 to OL (CP)
. " 'On April 7~ ,1994, the Commission authorized staff to prepare a zoning impact
study focusing on the 20 single family residential homes fronting the north side of NE
; '~oachman Road between Graham Drive and Marilyn Street. The area has a Low Density
, Residential Future Land Use Plan classification and an RS 8 zoning designation.
On August 23, 1994, staff met with the residents to identify and discuss issues
, , '. and concerns associated with the residents' request for a rezoning to Limited Office,
Notices of the meeting were mailed to Skycrest Terrace Subdivision residents.
Resident concerns include: 1) heavy traffic; 2) increased renters; 3) crime; 4) lack
of sidewalks; 5) road construction delays; 6) marketability of homes; 7) safety; and 8)
reduction in home values.
, minCC1 Od.94
20
1 0/20/94
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Alternatives presented by staff include: 1) install sidewalks to create a sense of
community; 2) install landscape screening and buffering materials to reduce noise from NE
Coachman Road; 3} a reduction in traffic on NE Coachman is anticipated upon completion
of improvements to Drew between NE Coachman and US 19N; 4) construct sidewalks in
conjunction with landscaping; 5) prepare a needs analysis regarding the installation of a
traffic signal at Drew and NE Coachman; 6) reduce the speed limit from 35 mph; and 7)
install a vegetative buffer in front yards to reduce noise and dust.
The 1994, 24-hour Traffic Volume Counts for that section of NE Coachman
indicate approximately 14,785 daily trips, The road is currently under construction to be
two lan&s divided with a four-foot paved shoulder/bikeway and improved stormwater
drainage. Drew is scheduled to be widened to four lanes with a continuous left turn lane
from NE Coachman to US 19N, Upon completion of the two roads. a split in the traffic is
expected to result in a reduction in trip volumes along NE Coachman.
FOOT construction plans for this NE Coacllman link include sto~mwater drainage
improvements but not sidewalks. Funding for sidewalk construction for the north side of
NE Coachman is not scheduled in the City's Sidewalk Improvement Program.
In the mid 1980's, a similar rezoning proposal was denied by both the Planning and
Zoning Board and the City Commission.
As the Zoning Impact Study indicates, in light of the site development constraints
and the existing office space surplus, rezoning the existing RS.8 single family homes to a
Limited Office zoning would not be beneficial to the existing homeowners or the
Clearwater community from a marketing, zoning, or community preservation perspective or
fro~ an economic point of view.
Staff, however, might be supportive of a Commission policy to consider larger scale
office or public/semi-public proposals involving a minimum of three or four lots as planned
developments. This would result in the following benefits: 1) an opportunity to adequately
, protect surrounding residential uses through site design; 2) larger scale office or other
nonresidential development of a nonspeculative nature; and 3) improved access control.
Mr. Shuford reported this was one of three area studies done. Lou Hilton,
Associate Planner, stated 20 homes are located on the north side of NE Coachman
between Graham and Marilyn. NE Coachman residents have requested it be rezoned
Professional Office. He indicated the adjacent neighborhood is stable and well planned and
, . all 20 homes on NE Coachman are presently occupied. The land south of NE Coachman is
zo'ned Limited'Office where the City has annexed a hodge podge of uses, Issues and
, concerns we're identified at the August meeting and steps to rezone the area were
discussed. The property owners requesting the zoning change did not recommend any
examples of how they could assemble their land for a reasonable office development.
The Mayor noted this issue originally came up because of the assumption the State
planned to widen NE Coachman. Mr, Hilton stated the road is only being widened to
minCC10d.94
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10/20/94
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provide a four-foot shoulder. He noted owners of the subject properties are in favor of this
change but the balance ot the neighborhood opposes it. Mr. Shuford said staff reviewed
the size of the lots and the ability to develop them as offices. He noted if each property is
developed separately, access problems would occur. He would support residents uniting
and combining their lots. He believed the volume of traffic will be reduced once Drew
Street upgrades are complete. He pointed out the current market for offices is poor. The
Mayor stated the City needs residential rental properties.
Bob Bickerstaffe agreed that owners should be responsible for renters and
expressed concerns regarding rundown rental properties. He noted better maintenance
results in increased property values. He commended the Community Response Team for
an excellent job but felt they cannot keep up with current demand, He recommended
strict penalties for owners who permit renters to run down property. He pointed out the
problems owners have with evictions,
Ernest Thomas said the neighborhood is a wonderful community of nice homes. He
opposed changing the zoning. He said once the change begins, it will be impossible to
stop. He recommended the subdivision remain in tact. He did not think there needed to
, be any' more or less renters In the area, He requested the subject properties remain
residential.
Joanne Kohler said she has owned property on NE Coachman for fifteen years and
noted conditions have worsened since the residents' requests for rezoning in 1986 were
denied. An attorney recommended she speak to Central Permitting regarding her property.
, She stated she had no success selling her property last year. The neighborhood is
, . deteriorating ahd disputed the comment that it is a lovely residential neighborhood. She
claimed it is a economic disaster for these property owners who have little or no
opportunity to sell their homes. She said NE Coachman has heavy car and truck use with
the'majority of westbound traffic turning off Belcher Road. She did not think widening
Drew would help reduce this volume. She noted beauty salons and other business are
already located on the road's north side and the south side is FlI! :;lnlted office use.
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Peter Petchal~os shared concerns regardir.fI maintaining the neighborhood's
integrity. He noted this is good for the whole subdivision except for those who own
property on NE Coachman. He stated residents are not' asking for traffic to be diverted,
He also noted 'residents are not developers and would have difficulty combining their
properties. He reported the price range of similar houses in the City is between $60,000
and $65,000 but the subject houses can be purchased for $50,000 or less. He stated
, resldents'rent their houses because they cannot market them. He expressed concerns
regarding wllat recourse these residents have. He felt residents should not be forced to
,give away, their properties.
Patti Touchton reported she and Mr. Lavelle took a drive around the neighborhood
and counted at least 25 vacant commercial properties for rent. She indicated she
sympathizes with those affected. She felt the planned road improvements will help. She
did not feel the neighborhood needs more commercial properties,
minCe10d.94
22
10/20/94
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Patrick Lavelle questioned who would be responsible for the utility easement behind
the subject houses. He stated he and Ms. Touchton lool<ed at commercial properties on
SR 590 from Saturn to Belcher.
Michael Blight indicated he and his wife have renters in her house on NE Coachman.
He agreed property values are decreasing even though they have spent thousands to keep
up the property. He felt development of offices should not affect those behind him as
there is considerable space behind the houses. He noted many of the subject houses have
not been well maintained.
Sorsya Taylor stated this change would affect three properties by her house. She
felt office development on NE Coachman would adversely affect the properties behind
because parking lots would be located there. She stated businesses would interfere with
the neighborhood and endanger playing children. She is against the change.
Joe Notarangelo said he did not understand how the neighbors behind the subject
houses have any fears. He predicted the offices will be rented by lawyers, doctors, and
similar professionals who go home at 6:00 p.m, He noted children make a great deal more
noise. He spoke in favor of the change.
Soraya Taylor said she does not live in her house with her sister and nephew but
indicated she would rather hear the sounds of children than screeching brakes avoiding an
, accident caused by the development.
Peter petchakos noted the last traffic count indicated 17,000 vehicles a day. He
stated this volume of tra ffic does not create a nice quiet neighborhood,
, Commissioner Thomas moved to receive the NE Coachman Road Zoning Impact
" Study and accept staff's recommendation to not pursue rezoning the subject properties on
NE, Coachman Road between Graham and Marilyn. The motion was duly seconded.
Commissioner Thomas felt the pros and cons of the issue are balanced. He noted
, staff has recommended many options. He suggested this issue come back to the City
: ,~cimmission in approximately 12~months to review the impact of the staff's
, recommendations after Drew Street is completed and buffering has been installed. He felt
, 'all. of the staff's points were valid but said they needed to be reviewed in one or two
: years,
Mayor Garvey indicated she had no problem reviewing this matter at a later date
, but expressed concerns with installing unbudgeted sidewalks and special buffering when
this 'is not done' elsewhere in tlm City. She noted traffic on NE Coachman will increase
while Drew is' under construction.
Commissioner Fitzgerald agreed with Commissioner Thomas' point of view. He
indicated he travels the road frequently. He reviewed the assessed property values and
noted prope'nies on the southeast side of the street are double the value of those on the
northwest side. He concurred with staff's recommendations combined with conditions
. outlined by Commissioner Thomas. He noted the road is an angular route off US 19N and
minCC10d.94
23
1 0/20/94
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is a primary route to Downtown. He recommended keeping the door open regarding
providing some relief to the residents if the suggestions do not have the predicted results.
Commissioner Berfield noted when complaints were raised by residents on Belcher
Road regarding truck traffic, trucks were banned between 6:00 p.m, and 6:00 a.m. She
recommended instituting a similar ban on NE Coachman. The Mayor pointed out NE
Coachman is a State road and permission for a ban would be required. Mr. Shuford
suggested staff could return in three or four months with a list of alternatives and costs
for consideration of quicker relief. He said staff could then come back later with other
recommendations once Drew Street is complete. The Mayor suggested this would not be
a good time to mal<e judgements since traffic is currently shifting to NE Coachman due to
the widening of Drew Street. Mr. Shuford indicated staff would need at least six months
to gather information on traffic volume atter Drew Street is widened. Commissioner
Berfield questioned when the road work will be completed. Mr. Hilton stated NE
Coachman should be completed within 30 days,
Commissioner Thomas stated the follow-up will need to come back with an
estimate of costs to implement staff recommendations and a determination if truck traffic
can be limited. He suggested once Drew Street is finished, staff should take 12 months to
complete traffic studies, etc. and return to the Commission.
Commissioner Berfield questioned jf staff can look at installing sidewalks while the
roadwork is being done. Mr. Baker Indicated the City currently has no plans to install
, sidewalks along NE Coachman. He noted adequate pedestrian traffic must be identified
before a sidewalk is budgeted. He suggested questioning the State regarding why they
are not building one. Commissioner Berfield requested staff contact the State regarding
the sidewalk,
Commissioner Deegan questioned if residents indicated at the August meeting that
any of the staff recommendations would satisfy them. Mr. Shuford acknowledged none of
those from NE Coachman indicated they would be satisfied. Commissioner Deegan
pointed out people are convinced that stretch of road is no longer residential and none
indicated a desire for any of staff's recommendations. He noted residents in the next
block oppose the change. He felt the real issue is not being discussed. He suggested
planned development is a possibility. He talked with a realtor who indicated the subject
properties are not in good shape and many of the lots have shallow depths. He noted two
, to four properties would need to be combined to provide enough area to construct a
commercial property. Commissioner Deegan did not see the value of pursuing the
direction the Commission' seemed to be heading.
The Mayor felt office zoning was not appropriate. Commissioner Deegan referred
to alternatives listed in the study and recommended residents consider Planned
Development Zoning. He urged biting the bullet and reaching a decision now instead of
delaying it several years. Mayor Garvey felt the subject properties should remain
,residential. Commissioner Thomas questioned what was Commissioner Deegan's
recommendation. Commissioner Deegan recommended permitting a Commercial Planned
Development Zone.
minCC10d.94
24
10/20/94
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Commissioner Thomas questioned the size of lots on this section of NE Coachman.
Mr. Shuford said the lots are approximately 100 feet deep and 75 feet wide and indicated
the schematic in the package illustrates how a property might be developed.
Commissioner Thomas questioned if the illustration addresses all code requirements. Mr.
Hilton stated it does not, Commissioner Thomas pointed out a minimum of two lots would
be required for the development of one office,
Mr. Shuford noted Commissioner Deegan recommended a City policy to accept
applications for Office Planned development on a case by case basis, Commissioner
Barfield noted that action is currently allowed. Commissioner Thomas questioned what
would stop property owners from getting together and presenting a request for zoning on
a specific project with multiple lots. Mr. Shuford indicated little should stop that. He
indicated some minimum acreage requirements could be overridden, He advised it would
be more effective if a policy is adopted to provide staff clear direction.
:::
Commissioner Deegan indicated a Limited Office zoning designation does not make
sense on a parcel by parcel basis because the parcels are too small. Commissioner
Thomas noted once redevelopment starts, the whole block will be affected. He referred to
a' petition presented from all the residents who live on the back side of NE Coachman and
oppose a zoning change. He questioned if Commissioners lived there, if they would want
commercial offices constructed in their back yards, Commissioner Deegan indicated this is
a transition block and property owners have the right to dictate the use of their property.
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Commissioner Thomas questioned if the zoning was changed to commercial, would
the back of the property qualify for an eight-foot fence. Mr. Shuford said an eight-foot
fence would not be permitted but a landscaping buffer and possibly a fence would be
,required. ~e said those are site design issues that can be modified and should be handled
, through the Planned Development type zoning,
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Development: Mr. Shuford said the Commission determines that.
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Commissioner Thomas expressed concerns regarding the people who live behind
the subject properties' and the commercial quality of NE Coachman, He noted if the
property is zoned Commercial, the City cannot control what moves in and hours of
operation.
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Commissioner Deegan recommended Planned Development be approved on a case
by case basis following a thorough review of each request. Commissioner Barfield
questioned if Commissioner Deegan was recommending leaving the zoning as it is and
encouraging property owners to combine their properties. Commissioner Deegan agreed
and reiterated that a change to Limited Office will not work.
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Upon the vote bsing taken, the motion carried unanimously.
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minCC10d.94
25
10/20/94
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ITEM #35 . Res. #94~75 ~ authorizing execution of CDBG Subrecipient Agreements with
certain non~profit corporations (ED)
On August 4, 1994, the City Commission approved the 20th Community
Development Block Grant lCDBG) Final Statement and Objectives for FY 1994/95.
Agreements with approved subredpients have been developed with similar provisions and
were presented for Commission approval by Resolution 94.75 which sets forth the basic
agreement form and summarizes the agreements to be executed for an October 1, 1994
activation date.
A direct agreement will be executed with: 1) Community Pride Child Care Center of
Clearwater, Inc.; 2) Boys and Girls Clubs of the Suncoast, Inc.; 3) Homeless Emergency
Project, Inc.; 4) Tampa Bay Community Development Corporation, Ino,; 5) Religious
Community Services, Inc.; 6) Pinellas Opportunities Council, Inc.; 7) YWCA of Tampa Bay;
8) Gulf Coast Family and Mental Health Service, Inc.; 9) Clearwater Housing Authority; 10)
Clearwater Police Department; 11) Pinellas Private Industry Council; 121 Community
Service Foundation: 13) Clearwater Neighborhood Housing Services, Inc.; 13) Partners in
. Self~Sufficiency; and 14) the Salvation Army,
Commissioner Berfield moved to approve authorizing the execution of CDBG
Subrecipient Agreements with certain non-profit corporations. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution 1/94-75 and read it by title only,
, Commissione(Berfield moved to pass and adopt Resolution 1194.75 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 #36 '. Other Pending Matters
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0) Incentive Plan
The City Manager presented an incentive plan where real dollar savings are defined
as monies budgeted by a department for a specifiC purpose/activity on which savings are
realized and savings must be a'result of specific management or team processes or
actions. All permanent' fu"~time employees employed by the City on September 30 of the
, su'bject year would share equally, regardless of time of service: All permanent part-time
, employees employed by the City for at least six months on September 30 of the subject
'year. would receive half the amount that permanent full-time employees are awarded ,that
year.
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The concept of the strucwre of a bonus/incentive plan for City employees is as
, follows: 1) All real dollar savings would be divided: a) 65% returned to citizens with an
actual cut to the department's budget and a transfer of those funds to undesigmited
minCe.10d,94
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10/20/94
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reserves; b) 25% retained in the department for enhancement of IIworkin9 tools" to
enhance workplace productivity; and c) 10% transferred to a pool to be shared by
employees as an annual bonus; 2) Throughout the fiscal year, departments may submit
savings items in memorandum form with full documentation to the City Manager for
inclusion in the bonus/incentive plan, No department can take credit for savings created
by happenstance or a reduction in service levels. Minimal savings to be considered for this
program are $1,000; 3) The City Manager will review submissions for eligibility and upon
approval, the amounts saved will be transferred from tl1e department's budget to the
aforementioned pools; and 4) At the City Manager's discretion, a department can carry-
over its reward into the next fiscal year to accumulate two year's amounts for larger
purchases.
Commissioner Thomas felt the City Manager's recommendation was trend setting,
ground breaking, and embodied a suggestion he had been making. He requested the
savings set aside for residents be more specifically directed. He recommended rebating
tax~s ,to citizens from that pool.
Commissioner Fitzgerald felt the 65% figure was an attractive feature of the
proposal if it represents an actual cut in a department's budget. He questioned how the
money would be returned to the citizens. The City Manager said she had not planned on
, cutting a check to each resident. Commissioner Fitzgerald suggested using the savings to
cut next year's budget. He expressed concerns that transferring the funds to
undesignated reserves would permit those funds to be plugged into other projects, Ms.
Deptula said the City Commission would make the decision on how the savings would be
used. Commissioner Fitzgerald noted the City does not have a very good track record on
reducing expenses, He felt the real benefits should go to taxpayers.
Commissioner Deegan stated he had recommended the transfer of savings to
undesignated reserves so however the Commission decides to benefit the citizens. money
is available to do it. He noted not raising taxes is a benefit, He expressed concerns that
budget cuts must be carried forward to the next year. He telt each year's budget should
'be, independent and depend on that year's needs. Ms., Deptula noted in some instances,
innovations will result in long term cuts to tIle budget.
Commissioner Deegan referred to plans for departments to retain 25% of the
,'savings. He recommended those funds not be immediately released for a department's
use but 'rather placed in a pool and calculated at the end of the year. Mayor Garvey
, agreed with the recommendation. The City Manager noted the intention is to provide the
department bonuses during the following fiscal year.
Commissioner Thomas felt taxpayers should get a piece of the action. He noted
100,000 re'sidents live in ,the City. He suggested giving credits on utility bills. He stated
" this program will HincentivizeH employees to be cognizant of the bottom line. He cautioned
against short term savings and recommended the program extend over three years with
'1/3 of 'the savings distributed each year. He reiterated his recommendation on providing
rebates to the taxpayers. Mayor Garvey suggested lowering or not raising the millage
would,repr,esent a rebate. Commissioner Berfield suggested the funds could offset a water
rate or franchise increase., She noted it would cost more to issue rebate checks than the
minCe10d.94
10/20/94
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actual value of the checl(s. She suggested trying this program for a year and modifying it
as glitches arise.
Commissioner Deegan said the citizens will be happy to see that two-thirds of the
savings are being credited to "their bank account." Commissioner Thomas felt the reserve
shoutd be specifically identified apart from the general pool. The Mayor noted when the
City Manager reviews the employeesl bonuses based on savings, the City Commission will
be advised. Commissioner Thomas suggested if citizens are not going to be given a
rebate, the extent of savings should be clarified.
Commissioner Thomas moved to accept the proposed incentive plan with the
refinements agreed to during the discussion, The motion was duly seconded and carried
unanimously.
b} LegIslative Paclcage
Deputy City Manager Kathy Rice indicated the City's legislative package includes
several high priorities. This year the City is reviewing franchise agreements and have
identified several franchise and utility issues the City would like changed. Another high
priority issue is funding for programs addressing the needs of homeless persons, She
pointed out a recommendation to review the limitations on telecommunication franchise
fees, which are not evenly distributed. The City would like cable TV to be subject to a
pub\ic service tax.
Commissioner Deegan suggested asking the legislature not to allow passing
franchise fees through to residents. He stated the tax should be on the business, not the
,consumer. Ms. Rice said she will work with Jim Massie, the City's lobbyist. on the
suggestion.
Ms. Rice noted another issue relates to inclusion of assessed interest for the late
. payment of revenues due a municipality, Commissioner Deegan disagreed with charging
18% irtterest. Ms. Rice will 1001< at lowering the rate. Commissioner Deegan
, ,recommended charging the current IRS interest rate.
Ms.' Rice referred to the City's right to expand utilities is also of concern.
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Commissioner Berfield questioned requiring photo identification for handicapped
, parkIng, noting the difficulty some handicapped persons face acquiring photos, Ms. Rice
stated staff will review ways to identify handicapped persons without a photo. She
suggested supporting a fine increase for illegal parking in spaces identified for the
handicapped., '
, Ms. Rice expressed concern regarding needed support for the Sand Key beach
,'renourishment efforts and recommended supporting legislation that would pro.vid~ funding
to enable Pinellas County to complete the project.
;
,Ms. Rice also noted a request to clarify rules so that tickets sold on cruise ships to
nowhere be considered an "admission" subject to sales tax. Mayor Garvey questioned the
, minCC10d.94
10/20/94
28
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meaning of the letter on this subject from the Department of Revenue. Ms. Rice said the
letter indicated the Department's awareness of the City's concerns, Commissioner
Deegan pointed out the letter said the City is not responsible for making the ship comply.
The State is. Ms. Rice said the City is asking the legislature to make the law more clear.
Mayor Garvey questioned if that was necessary as administrative laws cover this subject.
Commissioner Deegan suggested dropping that request and replacing it with one
regarding High Speed Rail, He also recommended additional legislation to permit
directional signage in urban areas on State roads.
Ms. Rice indicated other issues the City supports include asking for actual notice
rather than constructive notice regarding "trips & falls" on public sidewalks so the City will
have to be notified first that a problem exists.
Commissioner Deegan questioned if the partial year assessment item was brought
up previously, Ms. Rice indicated it is brought up every year,
Commissioner Berfield expressed concerns regarding making the owner responsible
when a car is involved in "Fleeing or Attempting to Elude a Police Officer" and questioned
the owner's liability if the car was stolen. Ms. Rice said she would review this issue,
Commissioner Berfield referred to the concern regarding the sale of single, cold
'alcoholic beverages at establishments selling gasoline and suggested the concern should
be regarding the sale of all alcoholic beverages at establishments selling gasoline.
. Commissioner Thomas suggested recommending the mandatory removal of all
enclaves within a City's borders. Commissioner Berfield recommended continuing to push
for the' annexation of enclaves.
. ,
Commissioner Berfield questioned if approving a Countywide water authority would
, have to go through the State. 'Commissioner Deegan noted a regional water authority was
,recommended.' Ms. Rice reported Mr, Massie indicated this is the year for water issues.
The Mayor stated the City needs to know the schematics of what is currently in place,
Commissioner Deegan noted home rule is already harmed by the existing boards.
" Commissioner Thomas said he had recommended one water department be established for
,'.,'the whole County. Ms. Rice questioned jf the Commission embraced a unified approach.
Commissioner Fitzgerald recommended asking the Legislature to address the water issue.
Mayor Garvey suggested addressing the bills as they are proposed by the legislature. Ms,
Rice said the City can indicate that the water supply is a top priority, Commissioner
, , Thomas suggested the City tal,8 the lead 'or the State will lead the City.
The City Attorney reported she is member of the Governor's Land and Water
Planning Task Force that will be making recommendations on these issues in November.
She stated legislation will be proposed by interested Legislators proposing a Statewide
water board. She'indicated a great deal of change will occur in the next several years
regarding water, Modifications are leaning toward regionalization.
minC'C10d.94
29
10/20/94
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Mayor Garvey questioned if a copy of the City's legislative program was sent to the
Chamber of Commerce. Ms. Rice stated a Cham,ber employee indicated he was planning
to pick up one.
c) High Speed Rail
1) Res. #94~1 00 - promoting High Speed Rail into Pinellas County, FL, using the
Courtney Campbell Causeway as the entrance point into Pinellas County, promoting
a monorail system to Clearwater Beach,
Commissioner Fitzgerald said he would like to support this resolution but could not
in the form presented. He recommended removing the term "publicly funded" from the
title saying it is not appropriate for tile Commission to mal<e this commitment. He felt that
would limit the City and rule out the option of private funding or assistance. He indicated
he has been a proponent of developing a monorail system for many years and noted no
cost ana\ysis has been completed identifying potential costs. He noted the system
connecting Harbor Island in Tampa with the Convention Center is privately funded. He
also recommended changing the word "supporting" to "promoting" to identify an active
role for the City. He recommended removal of tile words "publicly funded" from the
fourth "Whereas" paragraph and in Section 1 deleting" ".would take a lead..."
Commissioner Berfield said she had no problem with the changes and signified support of
the resolution as amended.
Commissioner Thomas understood Commissioner Fitzgerald's concern regarding a
referral to public funding and agreed to its removal. He spoke against removing the
,positive ,attitude from the resolution and objected to removing "take a lead in building." He
, did not want the resolution to be lIwmered down." He wants the CitY included in the High
'Speed Rail'RFP (Request for Proposals), Commissioner Berfield questioned if
Commissioner Thomas would agree to wording "the City would take the lead in promoting
the building of a low speed..." Commissioner Thomas indicated he wanted tile City
,Commission to take the,lead in building it. He noted it is improbable that the High Speed
Rail will ,come to Clearwater and a monorail will need to be built in order to increase the
probability. Commissioner Berfield noted saying the City will take the lead does not mean
. the City will build it,
Commissioner Fitzgerald felt "promote" is a stranger term than support. The Mayor
expressed concerns that "taking the lead" would indicate the City Commission will be
contributing funds to the project. Commissioner Fitzgerald said he had problems with that
interpretation~ Commissioner 'Thomas stated the Commission is not making a financial
commitment. He stated the Commission must take a lead and let everyone know the City
wants High Speed Rail to come to Clearwater.
Commissioner Deegan recommended the phrase read "take a lead to get built a Low
Speed Monorail". ", Consensus to agree.
Commissioner Deegan referred to Section 2 and suggested a copy of this resolution
also be forwarded to the Florida Department of Transportation, the Governor's office, and
, to members of the Pinellas County Delegation. Ms. Deptula suggested sending copies to
"
minCe10d.94
1 0/20/94
30
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the cities in north Pinellas County cities. The City Attorney indicated she could insert
those recommendations to Section 2 using the word "and. n
Commissioner Thomas said he drafted a letter for all of the Commissioners to sign
if this resolution passes to send to allll1embers of the High Speed Rail Transportation
Committee.
The City Attorney presented Resolution 1/94-100 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution 1194-100 as distributed
tonight and amended and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call. the vote was:
II A yes II: Fitzgerald, Barfield, Deegan, Thomas and Ga rvey.
"Naysll: None.
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Commissioner Deegan noted the Commission received a letter today from the
Downtown Clearwater Association (DCA I supporting this resolution. He reported all those
in attendance at the recent Partnership meeting supported the High Speed Rail and the
City taking a lead regarding a Low Speed Monorail.
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2) Res. #94-,104 - Establishing a Task Force to promote construction of High Speed
Rail into Clearwater, FL, using the Courtney Campbell Causeway as the entrance
point into Pinellas County and to develop and promote a plan for a Low-Speed
Monorail System from the terminus of the High Speed Rail to Downtown
Clearwater and Clearwater Seach; providing an effective date.
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'Commissioner Fitzgerald requested the words "publicly funded" be removed from
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, The City Attorney presented Resolution # 94-1 04' and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #94-104 as distributed tonight
: .' and authorize the appropriate officials to execute same. The motion was duly seconded.
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Commissioner Deegan recommended each Commissioner provide two or three names and
the Commission cl100se 10 from the list. Commissioner Thomas noted the Task Force will
need "heavy hitters" on it. Consensus to appoint the Task Force during the October 31,
1994 meeting;
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Commissioner Thomas read Section 1 of the resolution aloud and indicated this is
an ~" encompassing issue.
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Upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
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Commissioner Thomas requested the Commissioners sign his letter tonight for
tomorrow's mail.
d) Metropolitan Planning Organization (MPO) Long Range Highway Plan
Ms. Deptula reported a map included in the MPO pacl<age identifies a one-way pair
for Ft. Harrison and Myrtle. Commissioner Thomas wanted the City Commission to go on
record opposing this proposition. Ms. Deptula noted the Commission already passed a
resolution In support of moving the Alternate 1 9 designation to Myrtle, which is not
reflected in this one-way system.
Mayor Garvey questioned if there was any change in direction from former City
Traffic Engineer Peter Yauch's proposal of a modified version of one-way peirson those
two streets with two lanes of traffic traveling in one direction and the third lane travelling
in the opposite direction. The City Clerk stated the Commission had agreed on the
concept for the modified pairs to address traffic concerns on Ft. Harrison. Mr. Baker
stated the modified pair was recommended instead of one-way pairs. He noted since that
time, the Commission endorsed moving the Alternate 19 designation to Missouri Avenue.
He expressed confusion regarding this MPO plan.
Commissioner Deegan questioned what the map was showing. Commissioner
Thomas said the maps illustrate County road plans for the year 2015. He cautioned
against the Commission remaining silent on this long range plan. Mr. Baker felt this map
',depicts someone's misrepresentation of tile proposed modified one-way pairs. Mayor
',Garvey questioned if. staff still supports modified one-way pairs, Mr. Baker felt the
redesignation of Alternate 19 instead, wlll assist the City with traffic concerns regarding
Ft. Harrison. Commissioner Thomas indicated t11e Florida Department of Transportation
currently is discussing the elimination of Alternate 19.'
, Consensus to send a Jetter from the Commission to the MPO in opposition to a
simple oneMway pair on Myrtle and Ft. Harrison.
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e) Confirm 11/02/94 date for Special Meeting re beDch business concerns
,A special meeting to discuss beach issues with beach business and homeowner
associations was confirmed fo~ November 2. 1994 at the Memorial Civic Center at 7:00
p.m.
CITY ATTORNEY REPORTS
'JJEM #37 ~ Other Citv Attornev Items
. Atto~ney'cUent meetings
The City Attorney requested two attorney/client meetings be set. The meeting
regarding American United versus, the City. and Scientology versus the City was scheduled
for November 3, 1994 at 4:30 p.m. The City Attorney indicated a conference room with
speaker' phone would be required. The meeting regarding the City versus Fisherman's
Wharf was scheduled for October 31, 1994 at 10:30 a.m.
minCC10d.94
10/20/94
32
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Outside Counsel
The City Attorney reported she is presently working an needs assessments. She is
conferring with all City Directors to determine t11eir legal needs and usage. She will meet
with the Commissioners to determine what they consider the City's legal needs to be. She
is meeting with outside counsel to discuss the status of their cases and what they are
doing for the City. She stated her goal is to present the Commission with a staffing plan
in January.
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The City Attorney stated these tasl(.s are time consuming and indicated a need for
short term interim legal assistance on some legal issues. She estimated all the cases will
be short term and cost less than $10,000 each. She noted the Commission currently
allows the City Manager to contract up to $10,000 and asl<ed that she be allowed to do
the same within her budget. She said she will report regularly to the Commission. Ms,
Akin noted she will be coming to the Commission regarding two areas requiring more
extensive assistance.
'. '. .
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Commissioner Thomas felt the City Attorney's recommendation is correct. Mayor
Garvey agreed. Commissioner Deegan noted if each case costs $10,000, the City would
have a problem if 20 such cases exist. Ms. Akin noted she presently is considering only
three items. She said she will report to the Commission monthly on expenditures. She
indicated each item will cost less than $10,000 and will provide assistance with litigation
and drafting. She noted these are not areas she would typically go outside for assistance,
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Commissioner Berfield stated she did not have a problem with the recommendation
as long as the City Attorney stays within her budget.
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Commissioner Deegan noted the City Charter states the Commission shall fix and
provide for the compensation paid the City Attorney and special counsel. He questioned
how the' Commission would fix the compensation paid to outside counsel if they are
advised, of the rate after the fact. He did not oppose the idea but wanted to comply with
theClt'y Charter. The City Attorney said Sl18 understood the Commission's concern and
indicated 'she will discuss this with them at the October 31, 1994 meeting,
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Consensus to resolve this at the next Commission meeting.
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'ITEM #38 - City Manager Verbal Reoorts
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" Reschedule City Commission meeting
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, The City Manager questioned rescheduling the November 28, 1994, meeting due to
Chanukah. Commissioner Thomas questioned if there had been a problem in the past due
to the ~olidav. Ms. Deptula reported it had been changed in the past. Consensus to
, reschedule the meeting to November 29, 1994 at 9:00 a.m.
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1 0/20/94
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The City Manager reported Pinellas County has requested inclusion on the October
31, 1994 agenda to present an update on tile status of the Pinellas Trail.
November 2, 1994 Beach Meeting Topics
The City Manager distributed a tentative agenda for the beach meeting on
November 2, 1994 and requested direction, Suggested items for discussion include:
vendors and outdoor cafes; vending machine signs; redevelopment plan; parking fees and
fines; Mandalay and Baymont streetscape; parking structure; pier area plan and tower
development: tourism promotion; conference center; tropical seascape theme design
guidelines: and commercial parking lots on private property.
Commissioner Thomas requested addressing the schedules related to the
Clearwater Beach parking meters. The City Manager said she could include a discussion
on replacing lost revenues if beach parking becomes free. She noted a special taxing
district had also been considered,
Commissioner Berfield suggested tile Pier 60 swimming pool be addressed,
Commissioner Deegan suggested traffic aides during the upcoming tourlst season also be
'addressed.' Commissioner Berfield recommended discussing alternate routes and the use
of the Jolley Trolley and a ferry when the Sand Key Bridge is closed. She noted the
Memorial Bridge will also be under repair tllis winter. Ms. Deptula indicated staff planned
,to take ~his opportunity to promote the Charter questions.
, Commissioner Deegan questioned what type of format was planned. Ms. Deptula
indicated they will try to limit the meeting to two hours., Commissioner Thomas suggested
, it be conducted like a City Commission meeting with a clock and microphone. Mayor
Garvey suggested establishing priorities. Commissioner Thomas suggested the City
'Manager courier her suggestions on discussion items to the beach associations for them to
assign priorities. Commissioner Berfield noted the meeting was originally scheduled to
, address the concerns of the beach groups.
, ' Commissioner Deegan expressed concerns that the beach groups requested a
, ,dialogue. He recommended against running it lil<e a regular Commission meeting. He
noted they 'want closure on some of these points, He suggested focusing on a few high
" ,priority, topics. Commissioner Thomas agreed with the need to seek closure, He
~uggested ,the beach groups prioritize the list and address to each subject followed by
;,' Commission debate. One or two spokespersons can work to close the issue following the
debate. Mayor Garvey said she did not t!link closure will be reached at this meating. She
recommended the discussion be limited to the top five topics. The City Manager said staff
,will send the lists to the beach groups and request they prioritize their choices. The topics
, , with the most' votes will be ones discussed. She indicated the groups can add topics to
the list but only the top ones will be addressed.
, Consensus was to address the five issues the beach groups identify as priorities,
Town Meeting
minCC10d.94
1 0/20/94
34
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The City Manager reminded the CommIssion and the public B Town Meeting at the
Martin Luther King Center will be held 011 October 27, 1994, at 7:00 p.m.
Enterprise Zones
The City Manager indicated a packet was sent in a Manager's Report to the
Commission in late September regarding Enterprise Zone designation. She questioned if
the Commission was interested in designating Enterprise Zones and establishing
incentives,
Mayor Garvey questioned how many Enterprise Zones are in Clearwater. Economic
Development Director Alan Ferri said Clearwater currentiy has one Enterprise Zone. It
overlaps the CRA zone Downtown. The proposed new Enterprise Zone's northwest
boundary is Ft Harrison and the northeast boundary is Betty Lane. Because statutory
requirements require block groups to meet low income eligibility criteria, the Enterprise
Zone extends down S Missouri to the City line. Mayor Garvey questioned if the
designation for the N Greenwood Enterprise Zone is disappearing. Mr, Ferri indicated it
sunsets December 31, 1994. Mayor Garvey recommended going forward with the
Enterprise Zone concept.
~ommissioner Deegan questioned how the new Enterprise Zone is more user
friendly. Mr. Ferri stated the previous program included limited benefits but the
management and promotion of benefits are now up to the locality which is being asked to
provide its own incentives based on a broad_ set of options.
Commissioner Deegan questioned how this would add to what the City is doing
through theCornmunity Development Corporation. Mr. Ferri said if Clearwater is
designated as an Enterprise Zone it will be a tremendous asset. An Enterprise Zone
development agency would need to be appointed. Commissioner Deegan questioned if Mr.
Ferri had talked to the people he recommended. Mr. Ferri indicated they had all indicated a
willingness to serve. "
Commissioner Thomas questioned the borders of the Enterprise Zone. Mr. Ferri
, stated It squiggles around due to low income requirements. Mr. Ferri indicated a larger
and' clearer map hangs in his bffice. '
Mayor" Garvey questioned it' any existing non-profit organization can operate as the
'Enterprise Zone corporation.' Mr. Ferri said they could not because the law mandates
certain memberships which do not match local non-profit agencies,
", Commissioner Deegan questioned how to further investigate the feasibility of an
Enterprisd Zone. Mr. Ferri said feasibility will be investigated by the Committee.
, ,Commissioner Deegan questioned if a referendum would be required. Mr. Ferri said it
',would be if it is determined to establish the zone.
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Commissioner Thomas questioned it a business with its headquarters outside the
Enterprise Zone decides to locate a branch there, will the tax credit apply to the business'
overall tax bill. Mr. Ferri ,believed it would apply to tile business' total State of Florida tax
mlnCC10d.94
35
1 0/20/94
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bill. Commissioner Thomas questioned if a company has property outside an Enterprise
Zone as part of its tax base, can it credit its overall tax bill or are only ad valorem taxes in
the district affected. Mr. Ferri indicated tile ad valorem taxes paid in the State would be
affected. Commissioner Thomas questioned the Community Contribution Tax Credit of
$200,000 annually per business. Mr. Ferri stated if a business made a contribution to a
non-profit agency whose activities are within the Enterprise Zone, a tax credit could be
received after certification, Commissioner Thomas questioned if the sales tax for building
materials referred only to materials used in tile Enterprise Zone. Mr. Ferri indicated the
materials must be used in the Enterprise Zone. Commissioner Thomas questioned if sales
tax exceptions on business property equipment refer only to equipment used in the
Enterprise Zone. Mr. Ferri said that is correct. Commissioner Thomas questioned if sales
tax exception on electrical energy refers only to energy used in the Enterprise Zone. Mr.
Ferri said that is correct. Commissioner Thomas indicated he supports the concept.
COlTlmissioner Berfield questioned if the City develops an Enterprise Zone can the
City cancel it at some point. Mr, Ferri reported the Enterprise Zone ceases to exist after
ten years. The Mayor questioned if the City can cancel it after one year. Mr. Ferri did not
believe the City would have the opportunity to back out at that point. Commissioner
Berfield questioned what would happen if the Committee disagrees with a business
, relocation into the Enterprise Zone the City is pursuing. Mr. Ferri said the decision will be
up to the local Enterprise Zone development agency to certify businesses as eligible, A
company not eligible could still locate in the Enterprise Zone but would not quality for
, benefits.
" Commissioner Deegan questioned if the Enterprise Zone development agency would
be independent from the CitY. Mr. Ferri indicated once the Enterprise Zone is running. the
agency'will need to be independent but will have City representation. Mayor Garvey
, questioned Wll0 pays to run the ~gency. Mr. Ferri suggested the Economic Development
. ; ,staff is''capable of handling the a'dministrative processes required by the agency.
, "., '~oniinissjoner Deegan questioned if COSG funds can be used for this operation in the
future. Mr. Ferri indicated tlley could be. Mayor Garvey questioned if COSG funds were
used, would they have to be identified as administrative costs. Mr. Ferri indicated they
, would be'and the administrative cap would apply. He suggested that was why he had
, recommended using his staff rather than having the agency hire additional personnel.
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, 'Commissioner Deegan moved to approve tl,e further investigation of the need and
feasibility of having 'an area designated as an Enterprise Zone, appoint a committee
, ' CaUoched,to these minutes as Exhibit B) to do the investigation, and develop a strategic
plan if an Enterprise Zone is believed to be feasible and a possible benefit to Clearwater.
'The motion was duly seconded and carried unanimously.
I
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, .' ITEM 1f39 . Commis~ion Discussion It~l))~
'ITEM #40 - Other Cgmmission Action
,I
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Qommis~ioner Berfield confirmed tile High Speed Rail Task Force is to be appointed
at the October 31, 1994, City Commission meeting.
Commissioner Berfield referred to a memorandum from Mr. Selhorst regarding
development along the Pinellas Trail in Dunedin. She pointed out it is being accomplished
with private funds,
Commissioner Thomas requested to see a copy of the response to Ms. Atkins. The
City Manager stated one of the issues was questioning what the Charter Review
Committee had done regarding Commissioner Tllomas' memorandum to them. Ms.
Goudeau is researching the minutes from the Charter Review meetings to find out if they
received it and what they had done. She noted Mr. Elliott had sent her a letter expressin9
similar concerns and a request to forward his Jetter t::: t~~ Si.olt:lS Attorney's office along
with information he previously provided the Commission. She stated that Jetter was
mailed today.
,C,ornmissioner TI10mas requested a copy of 01e correspondence on issues referred
to by Charles Marcus.
, Commissioner Thomas reminded tile City Attorney he is waiting for a response
regarding limiting the number of ordinances required for annexation.
, ,Commissioner Thomas informed the Commission he has requested staff to obtain
, information regarding Plant City's fiber optic system. He indicated Plant City is renting
, space on their lines to the telephone and cable companies and controlling the distribution
of the utility network; Ms. Rice reported staff is waiting for written information.
Commissioner Thomas said if the City installs its own system, it would not have to depend
on GTE. He noted this would be a tremendous technological opportunity. Ms. Rice said
staff has worked with Jean Rice's expert on fiber optics to learn what needs to be known.
. ' , . ~ommissioner Deegan questioned if it was practical to place reclaimed water lines
, under the roads during the Del Oro road project. Mr. Baker indicated it was not practical.
He'reported plans are to install the reclaimed water pipes in the grass behind the curb. He
said it was not necessary to do this ahead of time. He expressed concerns regarding
laying pipe before developing a financial plan regarding reclaimed water.
,I
" Commissioner DeeQan stated he had not received information from the Mayor
, regarding the Tampa Bay Defense Transition Task Force. TI1e Mayor indicated she had
turned,the re'quest over to Alan Ferri and would follow-up on the request.
COI'J1I)1issioner Deegan stated tIle Partnership Meeting consisted of reports from
, three committee's. The Promotions Committee discussed the success of the New Orleans
, Street Fest and the largest Jazz Holid.ay to date. The Design Review Committee had
n'othing new to report. The Recruitment Committee featured a progress report from the
Community Redevelopment Agency's (CRA) Executive Director Peter Gozza. The Annual
minCC10d.94
37
10/20/94
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Report was discussed and it was decided it would be premature for the Partnership to put
together an Annual Report. It was recommended that the release dates for Annual Reports
from various groups be staggered. Chuck Pollick from the Beach Views offered to print an
jnse~t of the Annual Report in his newspaper for cost. Commissioner Deegan announced a
committee was formed to address this matter,
Commissioner Barfield referred to tl1e plan to have ambassadors visit downtown
stores and reported she had received a phone call from a person who had lost three
Downtown businesses and had never been contacted by an ambassador. Commissioner
Deegan indicated the ambassadors should be visiting all Downtown businesses on a
planned sequence. He noted Staff Assistant Jacque DeGrory of the CRA has done a
yeoman's JOiJ keepill~ in lUucil willi uowmown businesses.
Commissioner Deegan announced Mike Neville resigned as chair of the Recruitment
Retention Committee.
ITEM #41 ~ t\diollrnment
The meeting adjourned at 12:22 a.m. (October 21. 1994~
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Robert E. Wright
400 Island 'Vay Apt. 502
Cleanvater, FL 34630
October 13, 1994
i. UP'fJ.: .~
C0lV1IVJISSI(llV
PRESS
Date .OCt,1 4 198"
CITY CLthf\
ClearWater City Commission & City Manager
PO Box 4748
Clearwater, FI 34618
Subject: Water Supply and Stormwater Utility
Ladies and Gentlemen:
" ,At a commission meeting about two months ago, Commissioner Deegan initiated
,'discussion ~n use of reel aimed water for irrigation. He cited a five year old study and advocated
"i~plen1entation of Phase I which would supply reclaimed water to Island Estates and North
" " Clearwater Beach. He did riot receive support but did exact a promise to bring it back for
", 'discussion in' about two months: At that meeting we spoke in support of a reclaimed water plan
, , : and urged its adoption. We understand that this will again be a subject of discussion at the
, " '. O~t<??er 17 Conunission meeting and is the purpose oftrns letter.
" During.1992 both Dunedin and St. Petersburg Beach launched reclaimed water systems.
,SWiftmud contributed up to 50% of the initial cost. If Clearwater would fonnulate a long range
plan; Swiftinud would undoubtedly contribute - (see Times news article dated 9/30/94 copy
'attached). 'This article suggests a reduction in pumping from current wells of up to 75% in the
, neXt: six years and advocates water re-use and de-salinization as major alternatives.
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':t) _;~,,':" ~,_.. , "," Currently Clearwater is purchasing up to 12 million gallons a day from Pinellas County at
~;:\::::,:>,,;,' ,', " ':, a oost,of$1.35 per thousand gallons. The county has already said they would increase rates by
;!:'{>r:,,;: ~:' ,.',; :,,:'35% ,this fall and commissioner Rainey has suggested 'doubling rates, lfwe use the 35% increase
:(\<;}:/ '" " " :tnecostwould be $1.82 per thousand gallons. It is estimated that 50% or more of water is used
:~{,:',:,< '," :', for~ .iiTigation ifwe could reduce the purchase of County water to 6 million gallons per day we
,: ":, " "',,' would save S10920/4ay x 365 days, or $3,985,800/year.
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Clearwater City Commission & City Manager
October 13, 1994
EXHIBIT A to cc 10/20/94
The Commission recently approved 12.5 million in bonds to construct the City
ServicesIPolice complex at a debt service cost of $800,OOO/yr. They also approved up to 35
million in bonds for Gas System expansion which is now in limbo.
With the above saving of nearly $4 million per year we could construct a complete water
reuse system financed with bonds and paid for with savings in County water costs. Staffhas
estimated a duplicate water delivery system would cost $65 million and Phase I costs are
estimated at $6 million.
\
We have talked to residents in Island Estates. Coachman Ridge and Countryside and we
feel the estimated cost of $25 per month for irrigation water would be generally accepted (note
news article dated July 22, 1994 regarding Dunedin, copy attached). They are installing a system
that will increase capacity from 650,000 gal. per day to 3 million gal. ,per day. A majority of 60%
of residents must agree to pay for the service which is 59.S0/month for users and $2/month for
non-users. Maybe we can learn something from our neighbors to the north.
With regard to Stormwater Utility, three years ago the City established a 5~ per month
Storrnwater fee which is added to monthly water bills. This was es!im!lted to gef!~rate $3.2
million dollars per year. The City has collected approximately $10 million dollars over three
years. The original intent was to purchase low lying land in 28 different drainage basins. within the
City and create holdi~g ponds to reduce run-off into Tampa Bay and Clearwater Harbor, To date
, we are not aware of any land purchased for this purpose, In fact all of the money to date has been
spent on cleaning ditches, sweeping streets, conduoting water tests, etc. Of the $10 million
, collected about $1.8 million remains for the purpose of purchasing land for holding ponds.
. We would like to suggest that reclaimed water us~ and Stonnwater runoffbe tied
~ogether. The city owns many recreation complexes where holding ponds could be constructed
on adjacent land, Lines could be constructed to divert reclaimed water into these ponds and
pumping systems used to water these complexes. This would also put some of the IS million
gallon per day we are pouring into the Gulf and Bay on land to percolate down and replenish the
aquifer,
, ,
It is time that the City of Clearwater got serious about a reclaimed water re-use system.
Water is our largest problem, Ifwe wait for the West Coast Water Supply Authority or the
County to solve our problems, we may wake up one morning and find the, tap is dry. We implore
the Commission to take this problem seriously and act now.
.
We also suggest that when water rates are adjusted rates be established on actual usage.
We live in Clipper Cove Condominium, our water charge is based on meter size, and we do not
use our minimum 10 months of the year, Ifwe want to improve incentive to conserve water,
rates should be based on actual usage.
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EXHIBIT A to cc
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10/20/94 I ~
Swiftmud outlines
drier, recycled fut~re
r q t. defl q -
. The water agency cent a ',year througb 1~9 .
shows pwnp' d' Then, permits to withdraw wa-
. mg way. own, . ter from the Floridan Aquifer get
recycling, conservation cranked back, quickly as "alter- .
and desalination way up. nate~' sources develop. These re-
ductions range from 25 percent to
75 percent in six years. ' .
, The most aggressive scenario
shows the West Coast ,Regional
Water Supply Authority, Tampa
Bay's wholesale supplier; cutting
its daily groundw.iter withdrawals
from 116-million gaUons to about
30-million gallons in a decade.
, . ,Where ?lould our daily V{ater .
come from In 20051. . . :.," .,'
. . From the Tampa sewage treat-
ment plant at Hooker>>s Point, 30-
million to SO.million" gallons, ac-'
cording to Swiftmud' scenarios.
, From' desalinated gulf and
brackish water, maybe 30-million I
to 65-million ga1lo~s.,., ;
,From new well fields, the Hills- .i
borough River and further conser.' . i
vation measures, up to 60-million I
,gallons niore.,', ..,.'. '.',1 ';.. . ,"..'
. The conservation goal. asswnes
people will cut their average daily
use of water from about 127, ,gal- ,
Ions to 100 'gallons per ,~pi~.
.' Du.rf.Dg an urtusually dry spi:ing
this year, dozens of lakes and hun-
dreds of private wells went dry' .
near the well fields that supply
water to most Tampa Bay resi-
dents. The'major exception is
Tampa, where water comes from
the Hillsborougn River;.' .; .'
Despite a rainy 'summer, lakes
and wetlands near the well fields
remain low on water. Swiftmud
estimates a 75 percent reduction
in pumping would be. needed to
restpre tJ;1em completely. ....,.
Ken Weber. a Swiftmud geolo-
gist, illustrated this Point at the
news conference' with a five-min-
ute aerial r11m taken over well field
areas' last week. '
It showed r~ceded-lake shore-
Jines in northwest Hillsboraul!h
County, :l'dry Pasco Lake, a nearly
dry Crews Lake, dry wetland areas
near the Cross Bar well field, and a
transition {rom flood conditions to
dry land as water flows through
the Cypress Creek well field. .
- Stafl writer Sue Landry
contributod to thie. report.
By DAVID OUNGER
T1m.. Staff WIMr
TAMPA - The managers of
the regional water supply reluc-
tantly disclosed some tentative
sketches Thursday of Tampa Bay's
future. They show our days of
drinking pure groundwater coming
to a quick end. '
Ten years from now, the fluid
flowing from your tap might con-
tain more water recycled from
Tampa's sewer system than {rom
all the well fields now pumping
underground water to people in
Tampa Bay.
. River water and possibly a
huge dose of ocean water may be
added to the blend, along with
steady warnings to consume it
sparingly. And the mixed drink will
cost more than ilie pure stuff.
At a news conference, the
Southwest Florida Water Manage-
ment District -:- Swiftmud - put
some numbers on, the plans it has
been developing to provide water
to Tampa Bay without drying up
lakes;or private, wells.
- It' did'so under duress, after
Pinellas County fUed a 'public re-
cords request for all documents
related to future water permits.
Peter Hubbell, Swiftmud's ex-
ecutive director, termed the re-
quest "unfortunate." He ,sug-
gested it could lUldermine pros-
pects lor cooperation between his
agency and water utilities, and add
to public confusion about plans still
being fomulated. ,
The numbers in Swi!tmud's
draft reports should "in no way be
regarded as a proposal, If he said.- '
What Swiftmud has drafted is a
series of ICscenarios" that outline a
range of ways to reduce 'damage to
wetlands near well fields:
, Here's the scene:
The emergency water restric-
tions imposed this year are perma-
nent. From that reduced level. wa-
ter use is allowed to grow 1 per-
. '.'. ,'n T t . .~:. I'\~ ,'..Ii"': '." 'w.~...;~~;~r.~:~""'l'.','~;jt.J.;':
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EXHIBIT A to cc 10/20/94
. .
("'\
. .,
Dune'din has-i1~Wd~al
on its"reclaimec(water
. I
u'" . '. ... : . ',.. ~.... . .:~ 4.~ ~ ..:.".. . l' ~ .
By CHERYL ROSS ' ~ .~ " . .:.: .::'-~.:;:eiton"DUnedin public works and utilities
T1",..Sa.HWrlt.r 'P' ~":-:.dlrectQr. ....,.
, . ..... ", ': '-. ' . :".: .. " .. 'The.lwn~swn option is still avail.
PUNEDlN - City comnussu;~ners able. Paying the $1,201 fee would be
decided ~urs~y to make recl~uned $1.000 cheaper than the monthly plan.
wate! ~mc~ a little more attractive to Brotherton said., :'" "
the City s reslde~ts., ... Currently, the city has reclaimed wa.
Under a new ordinance. homeowners .' ter lines 'on the north side. Most of the
wiu be able to paY,$9.50 a ll}o~th o~er 20~ .~'water goes to the Dunedin Country Clu~.
years for the sefV!ce.. once It JS avada.ble. ::Soon. more residents and businesses will
OriginaUy. comnu~loners had reqwred get the' service. because pipes and a
that hom~wners either pay aU ~t once, 2.miUion.gallon storage tank are under
or have a lien placed agamst thClI' prop- ,
erty for the total, said Robert ~. Broth. ' . Please see DEAL ~~g~ 7
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. cr llMES .'FRIDAY, JULY 22. 1994
~
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"
Deal
reclaimed water service are circu. ,~~ ~ter Dr not, Jjrotherto~ 'l
lating in Dunedin neighborhoods. said.'. . . I
Brotherton said. Seventy.five per- What about those wbo sign a
cent of residents in a neighborhood . contract for the service and then "
must sign the petition to show . later want out? They must still pay :-
interest in the service, Once that $9.50 monthly. Brotherton said.,lf
interest is established. the city that bill isn't paid off, all utility ;..
goes to work on figuring out a .services will be terminated. " . ~
.financing plan. When that's in .. "The city has to have a guaran.
pla~. a minimwn of 60 percent of teed cash flow in order to payoff ,;0;
residents must agree to pay for the its debt," Brotherton said. -.
service in order to qualify for the .' What happens if a resident who
lines. . bas elected to hook up to the lines .!
Also, under the revised ordi~ sells the home? The new owners )
nance, residents ,who live near reo- take on the responsibility of paying -I
claimed water lines will be charged the line fee whether they use the
$2 monthly whether they use re-. service or not. Brotherto~ said. t.t
./
from Page 1
construction on the south side.
, ' Once the groWld storage tank
is completed by April, it will help
Cuer the larger demand for re-
claimed water. which is wastewa.
ter treated to the point that it can
. be used to irrigate lawns and gar-
'denS. Currently 650.000 gallons
of reclaimed water are pumped'
, , daily; the new tank will ina-ease
, " .,' I' recla1med water capacity to about
; ,',' ' G' ~million g3Uons per day. Brother-
, "., '\ ton said.
: :':, , More ,than 150 petitiQns {or the
o
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Suggested Enterprise Zone Development Commit1ee l\1cmbcrship
EXHIBIT B to cc 10/20/94
4... ..)1
','.'.'~
. 1: "J
: : ....... ~
Members mandated by Florida Legislation:
City Law Enforcement:
ChiefKJein, Police :>epartment
City Code Enforcement:
Lt. JeffKronschnabl, Community Response Team
Scott Shuford, Central Pennitting
Private Industry Council:
Phyllis Burch
CleaJWater \VorkForce Center Director
, Chamber of Commerce:
Karen Rowe
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;~~~.5; ".',' > '... : , ',Financial Institutions:
...,.;~,~,:""" " ,
Possible membership through organizational affiliation:
~-.
. I.' ..iI., .' . ..... ",,4. :
. . .....
N~np~ofit Co~unii1' Based:
. Nancy Hansen
Economic Development Director .
Cleanvater Neighborhood Housing Services
Robert Kinney
Senior Vice President. Corporate Banking
Barnett Bank
Robert Burwell
President
AmSouth Bank.
'. ,Pnvattd3usuless:
. ,l;,c
Richard David
Area Manager
Florida Power Corporation
~""" ,',', " ..),
, ,
Brad Kugler'
President
Distribution Video and Audio
16] 0 North Myrtle Avenue
'(I,.. " '
Arthonia Godwin
Owner,
Godwin's Upholstery
911 Nonh Myrtle Avenue
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Private Business (continued):
EXHIBIT B to cc 10/20/94
":,(1
. " " , ,~:. ~~ ,.,;
James G. Carswell III
President
MAS Apartment Corporation
33 North Garden Avenue
'.,
.1O~-
Edward A. Morgan
Prope~'~anager
Sunshine lvfall
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