11/17/1994 (2)
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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
November 17, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, November 17, 1994 at 6:02 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, II
Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
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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 offered by Reverend Thurman Rivers of Skycrest United Methodist Church.
:.,:....0 . In order to provide contin'uity for research, the items will be listed In agenda order although
;{;/::,':.:,--'.. '.. ,not necessarily discussed In that order.
~f,<.' .' . ITEM #3 - Se(vlce Awergs
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~/~:::.:;'" . " '. .' ITEM #5 . Presentations
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Lit::-....... . '.:. .' a) Jolley Trolley Presentation
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~k}, :' :.... . ..; . ':. Bill Kirbas, President of Jolley Trolley Transportation of Clearwater, Inc., gav~ an
~?/;;.:'.' ,:". .,. overview of the FY 1993/94 budget noting it covered a nine month period from January 1
~:'{\; :'~. " .... ." to~ Septem~er 30, 1994. The significant variances in the budget included a shortfall in
f;~:..: : . , ':: . .' ....fares. The. budget was based on the operation of three trolleys but only two operated
y:."J..:.......... durhlgthe'first six months'of 1994. Advertising revenues represented a positive variance.
~;;t:;... .' , ,.... .' A 'n'egative variance resulted from labor costs that were higher than anticipated. Money
~S;:/.,::., :" 'w'as saved on insurance premiums. One of the trolleys required rehabilitation and cost
r,:jf.,'.'.d, ":' .:;, :.riu)re;'thari ~nticipated. All in all~ he felt the Jolley Trolley had a good year in spite of
:~:Y:"':..' :, '.. :'. ",.earlier problems.
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Mr. Kirbas referred to the FY 1994/95 budget and stated the estimated revenue of
$52.2,270, inctudes the City's subsidy of $360,000. The estimated expenses amount to
$350,136. The Jolley Trolley Corporation anticipates purchasing $11,500 in capital
equipment. The $15,000 loan from the City has been repaid early, with interest. He
estimated by the end of the new fiscal year, the Jolley Trolley will have, working capital of
$15,601 and a sinking fund of $46,000.
Referring to the business plan, Mr. Kirbas said the sinking fund drops $50,000 in
December 1994. He said that money represents funds the Jolley Trolley has in reserve
generated from income the Jolley Trolley has accumulated plus a portion of the City's
subsidy. The money will be used as a down payment on two brand new trolleys.
Mr. Kirbas said the Jolley Trolley will have significant revenue from advertising.
The new trolleys should be operating by March 1, 1995, at which time labor and tax
expenses as well as advertising and fare revenues will be increasing. He said the budget is
based on conservative projections.
Mr. Kirbas said a deposit of $50,000 will be made on two trolleys at the time of
order and will be funded from a sinking fund established for that purpose. Two additional
trolleys will not provide the level of service the Jolley Trolley wishes to provide. He felt
the present schedule of service every half hour was too long. Two additional trolley's
would lower the wait to fifteen minutes. He said the Jolley Trolley Corporation wants to
petition the Pinellas Suncoast Transit Authority (PST A) to place an order for an additional
four trolleys through federal funding. The principal and interest on the trolleys purchased
, will be paid by the corporation over a 1 2~month period. He noted some advantages of the
,City owning the trolleys include sales tax and vehicle registration exemptions.
Mr Kirbas indicated the Jolley Trolley is in the process of ordering four two-way
radios and some office equipment as needed. He hoped the waiting time would be cut to
eight minutes if the additional four trolleys are purchased.
Mr. Kirbas said the Jolley Trolley has received many compliments on the Jolley
Trolley's token sets. He indicated there is a market for them through distributors and
, 'collectors. Several distributors have expressed an interest in ordering the tokens. Tokens
will be sold in sets of eight and in packets of four. Sets of the tokens were distributed to
the Commission and staff. Blank cards will be sold to encourage children to visit
merchants and purchase tokens to match the cards. He said plans are to sell the token
. packets to businesses and encourage them to give complimentary tokens to their patrons.
Mr. Kirbas said other ways the Jolley Trolley intends to increase revenues is by
providing charter service for groups and selling tee-shirts. He indicated a contest for
students at Clearwater High School to participate in a $500 contest to design a tee-shirt
will be held. Mr. Kirbas said the Jolley Trolley hopes to become self sufficient.
Commissioner Fitzgerald noted in FY 1993/94, the Jolley Trolley had anticipated
income of $60,000 from fares while actual income was $26,502. Based on these
" projections, the Jolley Trolley anticipates 240,000 riders per year or 20,000 patrons a
month.. He noted the highest numbers indicated in the FY 1 994(95 business plan were
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5,000 to 7,000 passengers. He questioned from where the extra ridership would come to
increase the level to 20,000 per month. Mr. Kirbas said the projections were conservative
and based on three trolleys running full time. He hoped the Jolley Trolley would secure
more trolleys. He said their statistics on ridership was based on two trolleys. The
numbers were projected out to three trolleys operating for the first six months and five
trolleys for the remainder of the fiscal year.
Commissioner Fitzgerald felt the level of JoUey Trolley's ridership was not clear. He
noted the projected ridership for October 1994, was 3,300 passenger fares and questioned
the ridership numbers. Mr. Kirbas said he would forward to the Commission ridership
figures for October 1994.
Commissioner Fitzgerald referred to the goal of ordering two additional trolleys anp
questioned if they would be paid for in a 12-month period. Mr. Kirbas said they would pay
for the trolleys from all Jolley TroUey revenues. Commissioner Fitzgerald expressed
concern regarding the City's subsidy. He complimented Mr. Kirbas' goal to attain complete
independence from the City as soon as possible. Mr. Kirbas said if the Jolley Trolley did
not feel they needed additional equipment to improve their service, they would have
requested the City to reduce their subsidy this year by $60,000.
Mayor Garvey asked if the Jolley Trolley is requesting a commitment from PST A.
She noted they have different federal rules regarding vehicles. Mr. Kirbas said he
discussed the necessary requirements with Mr. Sweeney from PSTA,' Mr. Sweeney
requested a resolution and justification from the Jolley Trolley Corporation by November
. 20, 1 994, so the PST A board can act on it in December. Mr. Kirbas noted the first two
trolleys arB not bein'g ordered through federal funding.
. Commissioner Fitzgerald noted the repayment of the $15,000 loan to the City was
welcomed but questioned if the funds came out of the City's basic subsidy. Mr. Kirbas
said the money came out of all the Jolley Trolley's funds, which are commingled.
Commissioner Fitzgerald questioned other sources of funds for the trolleys. Mr. Kirbas
Indicated there are other ways to obtain the funding if the Jolley Trolley cannot find a
common basis to purchase the trolleys through the City.
'Commissioner Deegan expressed surprise at the amount of money spent on the
rehabilitation of one trolley. He thought the trolleys from PSTA were to be in Utip-topfl
condition. Mr.' Kirbas indicated the third trolley needed an estimated $25,000 in work and
was purchased on that basis. The actual cost came to $34,728.
Commissioner Thomas clarified if the reason for recommending using the City as a
vehicle to finance the trolleys was to avoid paying sales tax and lowering other costs. Mr.
Kirbas s'aid savings in State sales tax are estimated at $15,000 and money would be less
expensive to borrow through the City. City Manager Elizabeth Deptula said the City has
not committed to financing the trolleys and cautioned against involving the City in liabilities
it has tried to avoid. Mr. Kirbas said the Jolley Trolley wishes to proceed in the least
expensive manner. The Mayor hoped when the Jolley Trolley goes to private funding, the
City would be out of it.
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, Commissioner Thomas believed the City had subsidized two trolleys through PST A
for $310,000 per year and an additional subsidy of $50,000 was to cover the Jolley
Trolley's maintenance costs. Referring to the pro forma, he noted by March 1995, there
wiU be five trolleys in Clearwater and nine by the end of the year. Mayor Garvey
questioned if the last four trolleys would be available that soon. Mr. Kirbas said that
depended on how quickly federal funding is approved. Mayor Garvey noted that usually
takes a year and a half. Mr. Kirbas said PSTA indicated the equipment would arrive by the
fourth quarter of 1995. Commissioner Thomas noted the Jolley Trolley Corporation will
have nine trolleys on the road by December 1 995 at the same cost as the two the City had
previously subsidized. He said he did not recall anyone else repaying a City loan early and
commended the Jolley Trolley Corporation for their efforts.
Commissioner Fitzgerald questioned who will put up the money for the two new
trolleys. Mr. Kirbas said the Jolley Trolley Corporation would. He indicated his request to
the City was for help to lower expenses. The Mayor noted Mr. Kirbas was just making a
presentation tonight.
Commissioner Berfield commended her fellow members on the Jolley Trolley board
for the'tough times and problems they have faced. She indicated board members invested
a great deal of personal time to make the Jolley Trolley successful and noted the board has
acted out of concern for the City and City funds.
Mr. Kirbas introduced board members Robert Rowe and Albert Sakey and Bob
Henion, Jolley Trolley administrator. Mayor Garvey asked how to obtain additional
information about the Jolley Trolley. Mr. Kirbas said they are listed in the telephone book
under "JolleyTrolley" and their phone number is 445-1200.
ITEM #6 - ADDroval of Minutes
Commissioner Berfield moved to approve the minutes of the regular meeting of
November 3, 1994 as corrected. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to approve the minutes of the special meeting of
November 3, 199'4, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
, ITEM #7 - Citizens to be heard re items not on the Aaenda
Susan Lewis, representing Clearwater Beach hotel/motel owners, expressed concern
regarding how the tourism tax is spent. She presented a petition with approximately 85
signat~res 'recommending tourism taxes be spent to promote Clearwater Beach. She
requested the City's legal staff to assist in retracting Clearwater Beach from the Tourism
'Development Council. The Mayor indicated the Commission will be discussing this topic
on November 29, 1 994.
Walter Bernalski, an employee of Britt's Cafe on Clearwater Beach, spoke in support
o'f outdoor cafes. It was noted this issue is on tonight's agenda ( Item #12).
, minCC11 c.94
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Joe Evich said he missed the Jolley Trolley's presentation but wished to commend
the Commission on taking back control of the trolleys for the same amount of money the
City was giving the PSTA. He noted the Jolley Trolley board is all volunteer. He felt once
the Harborview Center is fully occupied and the high speed rail reaches Pinellas County,
the Jolley Trolley will provide an important transportation link. He congratulated the Jolley
Trolley Corporation for their success.
Mike Frangedis, Clearwater Beach Business Association, referred to the November
2, 1 994 special meeting noting the beach merchants have not received any response
regarding beach issues. The City Manager reported the Commission will be discussing
each of five topics, one at a time, beginning November 29, 1994, culminating with a report
. to the citizens at a Town Meeting. She indicated some action will be taken to address
beach concerns in the interim before the final report is issued.
Mr. Frangedis felt it was important the merchants be included in beach discussions.
Ms. Deptula suggested scheduling the discussion after 1 :00 p.m. on November 29, 1994.
She reported the first topic to be discussed will be tourism.
"
Mr. Frangedis expressed concern the beach meeting only lasted from 7:00 to 9:20
p.m. He indicated business owners were disappointed because regular Commission
meetings last much longer... The Mayor noted the beach meeting was scheduled from 7:00
to 9:00 p.m. and the rules for the meeting were established in advance.
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Commissioner Fitzgerald recommended informing the business owners of those
items that staff is being directed to address. Ms. Deptula reported those items include the
suggestions for international signs and training for those who issue parking tickets.
Commissioner Fitzgerald expressed a need to communicate a positive response to the
citizens that positive actions are occurring in the interim. The City Manager reported staff
would be preparing something tomorrow and would be asking the newspapers to help
communicate.
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'PUBLIC HEARINGS
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ITEM #8 - Public Hearing & First Readina Ordinances. #5715-94.#5716-94& #5717-94-
Annexation, land Use Plan Amendment to Commercial General & CPO Zoning for property
located at 2201 Sunset Point Rd., (Walgreens Drug Store) located in the SE /14 of Sec. 1-
29-15, PineUas Groves Sub., part of Lot 1, 2.0 acres m.o.!.; accept a 2% fee in lieu of land
dedication to meet Open Space/Land Dedication Ordinance and return Final Site Plan to
Commission for approval on 2nd reading (Finkenbinder/Sun Bank of Tampa Bay, c/o R.K.M.
Development, A94-21, lUP94-29HCP)
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The applicant proposes to construct a 15,525 square foot Walgreens Drug Store
with a two-lane drive for prescriptions pickups and an attached liquor store on a 1 .24 acre
incorporated parcel and a two acre unincorporated parcel. The applicant requests
Commercial Planned Development (CPO) zoning because of the irregular shape of the
property. The conceptual site plan includes a 2.27 acre Walgreens site addressed to
Belcher Road, and a .97 acre outparcel at the westernmost portion fronting Sunset Point
Road. Two access drives are proposed from Sunset Point Road and one is proposed from
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minCe11 c.94
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11/1 7/94
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Belcher Road. The proposed outparcel is to be developed in the future under the General
Commerciel numerical and dimensional code requirements. Both parcels are proposed to
be combined through annexation and a Declaration of Unity of Title for both the Walgreens
store and the outparcel.
On April 1 t 1993, the Commission approved the incorporated site for a Shell
gasoline station with a convenience store; the proposal was never constructed. At that
time, an agreement was made with Pinellas County to landscape a raised turning median in
the County right-of-way; this agreement no longer exists, and does not apply to the subject
site plan.
Harry Cline, attorney representing the owners and applicants, presented an
overview of the development. He said he represented Sun Bank, owner of the smaller
incorporated parcel where previous plans for a gasoline station were not pursued. He
stated their intent is to annex a two acre parcel and combine it with the smaller lot to
develop a Walgreens. He indicated the two acre parcel is presently zoned commercial and
could be developed as such in the county. He found the proposed development to be a
better use of the property indicating it will provide a 200 foot vista along Belcher Road. He
noted the CPO process is site specific to the development plans. He indicated this
development is compatible with the adjoining neighborhood and will stabilize the area. He
said the impact of the development will be minimal. The requests made by neighbors at
the Planning & Zoning Board Meeting were incorporated into the plans.
Commissioner Berfield questioned the number of access points to Sunset Point Road
on the previous site plan. Mr. Cline said that plan had only one access. This development
is on a larger parcel and has two planned accesses on Sunset Point Road. Mr. Shuford
noted the accesses must be approved by Pinellas County.
Commissioner Fitzgerald moved to approve the annexation, Land Use Plan
Amendment to Commercial General and CPO (commercial planned development) Zoning for
the subject property; accept a 2 % fee in lieu of land' dedication to meet the Open
Space/Land Dedication Ordinance and return the Final Site Plan to the Commission for
approval on second reading subject to the following conditions: 1) Permitted uses shan be
as listed: a) indoor retail sales; b) restaurants with no outdoor seating, outdoor
entertainment, or outdoor speakers; c) medical clinics/laboratories; d) business/professional
. offices; e) business services; f) personal services; g) indoor commercial
recreation/entertainment; h) nonprofit social or community services; i). art galleries/studios;
j) veterinary offices: k) one alcoholic beverage sales establishment, package sales; and I)
alcoholic beverage sales, consumption on premises for restaurants only; 2) All perimeter
landscaping shall be provided on both parcels prior to the issuance of a certificate of
occupancy for any parcel; 3) Dumpster location(s) for the outparcel shall be limited to the
eastern one-third of the outparcel site; 4) Loading operations shall be prohibited between
the hours of 11 :00 p.m. and 6:00 a.m.; 5) Final conceptual site plan approval by the City
Commission contingent upon conditions; and 6) All site lighting shall be directed
downwards and away from any residential areas. The motion was duly seconded and
carried unanimously.
minCC 11 0.94
11/17/94
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.,~.' title only. Commissioner Fitzgerald moved to pass Ordinance #571 5-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
The City Attorney presented Ordinance 1t5 71 6-94 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5716-94 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 #5717-94for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5717-940n first reading. Tha
motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #9 - Variance(s) to Sign Regulations for property located at 701 N. Hercules Ave., R.
H. Woodley Sub., Blk 1, Lot 3 (Harris Investment/Clearwater Professional Center, SV94-
. 06}(CP)
The subject property is on the east side of Hercules Avenue., south of Palmetto
Street. The requested variance would permit the existing freestanding sign to remain. The
applicant requests the following variances: 1) an area variance of 21.4 squ~re feet from
.the permitted 24 square feet; 2) a height variance of 2.5 feet from the permitted 8 feet;
. and 3) a variance of two message panels from the permitted two message panels to allow
a freestanding sign with four message panels.
. Ron Woodley, representative of the applicant, verified pictures of the property
. presented to him by Mr. Shuford. He noted the mound under the sign is built up with
landscaping 'and causes a distraction from the sign's height. He said the sign has an
antique look and is constructed of panels linked by chains. He stated the sign's true
square footage is less than 45.24 square feet. Mr. Woodley said the sign is attractive and
not distracting. The Mayor said she saw no justification to approve the variance.
Commissioner Thomas questioned if the square footage requested includes the
. panels and "frame." Mr. Shuford noted the sign is unique because of the gaps between
. the panels. He indicated the air space is counted when calculating the sign's size. He
noted the size of.the requested variance is substantial. Commissioner Thomas questioned
if the air space between the bottom panel and the ground was also counted. Mr. Shuford
indicated it was not. Commissioner Thomas questioned if the 4 X 4 frame is included in
minCC11c.94
7
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the sign's total size. Mr. Shuford indicated it is. Commissioner Thomas questioned the
square footage of the frame and the air space.
Commissioner Fitzgerald said he understood the rationale for counting the air space
because it is similar to solid space on other signs. He noted the sign code did not intend to
allow the creation of air spaces to permit larger signs. The City Manager calculated the
area of each panel and reported only the sign's panels are included in the overall square
footage. The frame and air space were not counted.
Commissioner Thomas said Hercules Avenue has a large right-of-way and noted this
sign is set wen back from the road. He noted the sign is difficult to see by traffic traveling
north to south. He felt a hardship exists and did not object to the sign.
Commissioner Berfield moved to deny the variance requests for the subject
property. The motion was duly seconded and upon the vote being taken, Commissioners
Fitzgerald, Berfield, Deegan and Mayor Garvey voted II Aye;" Commissioner Thomas voted
nNay. n Motion carried.
ITEM #10- Alcoholic Beveraae Distance Seoaration Variance for property located at 1969
Sunset Point Rd., Pinellas Groves, SW 1/4 Sec. 1-29-15, part of Lots 1 & 2 (K. D. Sauder
Trust/Barney Oldfield's/Skatzka, AB94-07)(CP)
, The applicants are requesting an alcoholic beverage sep,aration variance for a new
4-COP alcoholic beverage license designation to permit on premise consumption and
package sales of beer, wine, and liquor. The proposed restaurant, IIBarney Oldfield's, n is
located at the Time Plaza Commercial Center. Due to the proximity of the proposed
establishment to a residential area, a variance to the separation distance is required.
The allowable capacity of the 3,836 square foot restaurant is determined by the Fire
Marshall to be 1 36 seats. The applicants intend to provide a jukebox and pre-recorded
music and with no live entertainment proposed. The applicants intend to share the BO on-
site parking spaces with other retail uses and no additional spaces will be required. The
proposed hours of operation are: 10:00 a.m. to 2:00 a.m., Monday through Saturday, and
1 :00 p.m. to 2:00 a.m. on Sunday.
On October 18, 1994, the Planning and Zoning Board unanimously approved the
request subject to the following conditions: 1) the applic.ants shall obtain the requisite
occupational license within six months of the date of this public hearing; 2) the applicants
shall obtain the necessary alcoholic beverage separation variance from the City
'Commission; 3) no customer accessible display areas for package sales shall be allowed;
and 4) no outdoor speakers or outdoor entertainment shall be allowed.
Although this establishment is within 300 feet of a residential zone, it is separated
by a 110 foot right-of-way from Sunset Point Road and adjoins commercial properties on
, the east and south sides.
. Jim Skatzka said he and his wife plan to construct the establishment. He has 1 8
years of experience in the restaurant business and currently has an establishment in
minCC11 c.94
8,
11/17/94
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Commissioner Thomas moved to approve a distance separation variance of 1 20 feet
to allow alcoholic beverage sales 180 feet from a residential zone for the subject property.
Tile motion was duly seconded.
Ir--... Michigan. He indicated they want to run a nice, sports-oriented restaurant serving good
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Commissioner Berfield questioned the location of the nursing home in the area. Mr.
Shuford indicated the nursing home is directly across the street from the proposed
establishment. Commissioner Berfield questioned if the neighbors h'ad been advised of
these plans. Mr. Shuford said they were advised but none offered comments.
Commissioner Berfield questioned if a 2:00 a.m. closing time was usual. Mr. Shuford said
if there is no obvious concern by neighbors, the City does not restrict the hours of
operation beyond the State legal limits. He said the Planning & Zoning Board generally
places restrictions on operating hours on establishments directly abutting residential
properties or having outdoor activities.
Commissioner Deegan referred to the proposed new rules for alcoholic beverage
regulations and questioned how they would affect this separation request. Mr. Shuford
said the request would not be allowed based on caps that will limit the percentage of floor
area of a shopping center devoted to the sales of alcohol to under 15%. This request is
for 23% of the center's floor area. Mr. Shuford said in terms of distance separation, this
request could be considered as a conditional use by the Planning & Zoning Board. They
would need to determine something unique about the property that would warrant granting
a conditional use permit, such as the separation caused by the width of Sunset Po~nt Road.
Mr. Shuford said there would be no variance required under the new rules.
Commissioner Deegan noted the new ordinance draws a circle of 500 feet and
questioned if that would require the establishment to obtain a greater variance. Mr.
. Shuford said the wider range permits a better overview of the area to be considered. A
variance from that distance is not required if the Planning & Zoning Board considers the
site as one that would warrant granting a conditional use permit. No variance is associated
with it. Something unique would need to be determined.
The Mayor questioned if the new regulations should be supported or not.
Commissioner Thomas referred to the proposed ordinance and questioned if Sunset
Point Road's width negates the land across the street from consideration. Mr. Shuford
. said if the roadway is 100 feet or greater in width, the establishment would not be subject
. to the variance procedures. The applicant would have to demonstrate conditions unique
to the property that warrant granting a conditional use permit. If separated by a right-of-
way greater than 100 feet in width, that added demonstration would not be required.
Commissioner Deegan noted approval of this request would be under the present
rules and regulations.
Upon the vote being taken on the motion on the floor, the motion carried
unanimously.
minCe11 c.94
9
11/17/94
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ITEM # 11 - Public Hearina & First Readina Ordinance #5722-94 - Proposed changes to the
adopted Park Place Development of Regtonallmpact Development Order: revise
development phasing from one phase with three subphases to one with no subphases;
decrease office development by 7,480 square feet.; extend date of development build-out
from 1 996 to 2000; and provide for a wider range of future uses to include office,
industrial and multi-family uses (Subject Area - Sec. 17-29-16, M&Bs 23.01, 23.013,
23.02,23.10,23.11, 24.01, 24.02, 24.04, 24.05 & 24.06); authorize staff to coordinate
this item with the Tampa Bay Regional Planning Council (TBRPC) and the State Department
of Community Affairs (DCA) (Storz Ophthalmics, Inc./Building Operation Holding Co.)(CP)
Staff requested this item be continued. Commissioner Thomas moved to continue
Item #11 until the regularly scheduled meeting of December 1, 1994. The motion was
duly seconded and carried unanimously.
ITEM #12 - (Cont'd. from 08/04.09/15 & 1 0/06/94) Public Hearing & First Reading
Ordinance. #5658-94- Amending Sec. 35.11, to establish definitions for "Outdoor Cafe,"
Sidewalk Vendor," and "Vendor Stand;" amending Ch. 41, creating a new division 12 to
establish requirements for locating and operating outdoor cafes and sidewalk vendor
operations (LDCA 94-13HCP)
The Commission expressed interest in allowing outdoor cafes and sidewalk vendors
to operate in pedestrian-oriented zoning districts and directed staff to prepare an ordinance
that will allow for the orderly operation of these facilities.
To encourage the establishment of these uses in areas where off-street parking is
unavailable or limited, it is proposed no off-street parking is required for outdoor cafes or
sidewalk vendor operations. Staff does not believe a parking shortage will result since
outdoor cafes must be associated with indoor restaurant uses meeting parking
requirements and vendor operations should primarily attract redestrian-oriented clientele.
The Planning & Zoning Board (P&Z) recommended approval of the outdoor cafe
portion of the ordinance with some changes but recommended dropping all reference to
sidewalk vendors because of concerns about the effect of vendor operations on beach
'. business; the Board favored existing regulations allowing vendor operations in Downtown
. Clearwater.
Staff proposes developing a marketing plan outside the ordinance that will provide
property owners and merchants with a mechanism to accept or deny vendor locations
immediately abutting their properties and businesses. With this control option, the
government Liaison Committee enthusiastically supported vendors on Downtown
sidewalks. Limiting vendors to public parks was also discussed.
Mr. Shuford said the Downtown Partnership indicated they would support
downtown vendors if some control over the vendor's location and operation could be
established. He said the draft of a marketing plan has been developed by the Community
.. . Redevelopment Agency (CRA) Executive Director, Peter Gozza. The intent of the
marketing plan is to limit conflicts between merchants outside the confines of the
minCCl 1 c.94
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11/17/94
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ordinance. Sidewalk vendors located on public property will be required to obtain prior
approval from the governmental entity and property owner adjacent to the vendor.
Mr. Shuford referred to Section 41 .221 (3) and noted concerns raised regarding the
parking issue had been addressed by clarifying the section to read "the area devoted to
outdoor cafe use shall be exempt from the parking requirements of Section 42.34 of this
code up to a maximum of 25% of the total seating capacity of the cafe or area of
operations from the calculations for the transportation impact fee. n
Mayor Garvey expressed concern a simple idea has gotten very complicated.
Mike Frangedis, of the Clearwater Beach Business Association, said many beach
business owners are disgusted with the way things are going. He spoke in support of
outdoor cafes indicating they will be beneficial. He spoke in opposition to vendors and
vendor stands indicating they will create a flea market type atmosphere. Mr. Shuford
clarified the proposed ordinance being considered would not permit sidewalk vendors on
Clearwater Beach but only in Downtown. Outdoor cafes would be permitted in both
places.
Commissioner Thomas questioned if the Downtown vendors must be associated
with or approved by the business the vendor cart abuts. Mr. Shuford said the City cannot
Jequest this; however, the ordinance requires a food vendor to be associated with a
Downtown restaurant located within 600 feet.
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Commissioner Thomas questioned if a merchant next door to a restaurant could
allow an independent food vendor to set up in front of that merchant's business for a fee.
Mr. Shuford said the City is not trying to regulate arrangements between businesses. He
said the standards established in the marketing plan would address this.
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Commissioner Thomas felt if sidewalk vendors are not allowed on the beach, they
should not be permitted Downtown. Mr. Shuford said the Downtown merchants have
indicated they see the possibility of their businesses attracting new business based on
increased pedestrian interest created by the vendor stands. He said if the Commission
passes this on first reading, staff will come forward with a detailed marketing plan that will
address potential conflicts.
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Commissioner Thomas expressed concern regarding locating push cart vendors in
other than a specific zone such as Station Square Park. He noted sidewalks may not be
wide enough to permit outdoor cafes' use of public sidewalks. Mr. Shuford said the
ordinance specifically addresses those concerns by limiting outdoor cafes to sidewalks at
least eight feet wide. The cafes would need a fence erected to confine the cafe's activities
'to a limited portion of the sidewalk, freeing at least five feet for pedestrians. He said a
restaurant's private property adjoining a sidewalk can also be used for outdoor seating.
Mr. Shuford said the ordinance provides an incentive of a parking credit to encourage this
type of use.
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use the sidewalk in front of their businesses for outdoor food operations. Mr. Shuford said
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such a use would be illegal because outdoor cafes are required to be associated with a
restaurant. Commissioner Fitzgerald expressed concern in what the ordinance may be
creating.
The Mayor noted vendors in Philadelphia are located on every corner. She said litter
was scattered everywhere and she did not want this to happen in Clearwater.
Mr. Shuford said if the Commission is concerned with Downtown vendors, he
would suggest restricting them to public park areas. He noted discussions with the
Downtown government liaison committee indicated a preference for sidewalk vendors. He
said a marketing plan could target desirable vendors.
Mr. Frangedis indicated opposition to outdoor cafes on public sidewalks if they are
an obstruction. In response to Commissioner Deegan's question, Mr. Frangedis
envisioned outdoor cafes being located on the restaurant's property. He said restaurants
without adequate space would have to find another way to increase business. He felt
allOWing sidewalk vendors would take away business from merchants who pay taxes and
have been in their location for years. He found this to be unfair.
Mr. Frangedis questioned why Downtown businesses are permitted to display
merchandise outside when beach merchants are not. He requested both be treated the
same. He said he would like to see Downtown look more professional and the beach look
more resort oriented.
Commissioner Deegan questioned if Mr. Frangedis had read'the proposed ordinance.
Mr. Frangedis said he had not. Commissioner Deegan noted the concerns Mr. Frangedis
expressed are covered in the ordinance.
Commissioner Deegan encouraged the Commission to deal with the ordinance as
presented. He noted sidewalk space requirements are the same for outdoor cafes located
on the beach and Downtown. He preferred including all sidewalk vendor requirements in
'the ordinance and spoke in opposition to a marketing plan. He recommended controls over
where these outdoor cafes can be located be included in the ordinance. The City Attorney
expressed concern regarding allowing the property owner to approve uses of the public
sidewalk in front of a business. She noted the City owns the sidewalks and suggested
there may be another way to approach this. She recommended establishing a devise that
. would allow the City to regulate the location of sidewalk vendors rather than the business
owners regulating the vendor in front of their property.
Commissioner Deegan recommended including the regulations and/or controls in the
ordinance. He referred to Section 41.222 (3) and questioned how a sidewalk vendor is
affected by transportation impact fees. Mr. Shuford said vendors would probably not be
required to pay such a fee but wanted to include it should an unusual circumstance trigger
the requirement. Commissioner Deegan asked how the transportation impact fee is
. computed. Mr. Shuford said it is based on the use and square footage required.
The Mayor again noted the ordinance is much more complicated than first
envisioned. She referred to Section 41.221 (1) (c) and expressed concerns regarding the
minCe11 c.94
12
1 1/1 7/94
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referral to wind resistance requirements. She questioned what outside umbrella, table, etc.
could meet wind resistance limits. Mr. Shuford indicated the intent was to have furniture
that is easily dismantled and put away during a large storm. He said awnings and canopies
would have to meet wind load requirements.
Commissioner Deegan noted the ordinance excludes vendors from the beach by not
mentioning the beach as a zone where they would be permitted. He questioned if the
possibility of having Key West like activities at Pier 60 was precluded by the ordinance.
Mr. Shuford said the Pier 60 property is zoned open space/recreation which permits special
events as approved by the City Commission such as vendors, mimes, acrobats, etc.
Commissioner Berfield expressed concern City sidewalks are not wide enough to
permit outdoor cafes. She questioned how the City can decide who can use the public's
right-of-way for certain things. She noted complaints at a Downtown Development Board
(DDS) meeting regarding the appearance of sandwich boards. She liked the idea of
locating sidewalk vendors in the park. She felt vendors located on sidewalks up and down
the street would not be aesthetically pleasing. She indicated calls she received from
Downtown business owners were oppos~d to vendors on public sidewalks. Commissioner
Berfield felt the beach sidewalks are not wide enough to handle pedestrians and outdoor
cafes. She agreed that restaurant owners with adequate space should be permitted to
have outdoor seating. She expressed concerns that outdoor cafes encroaching on public
sidewalks represent a safety hazard'she could not support.
Commissioner Thomas felt restaurant owners should be able to have outdoor cafes
on their own property. He spoke against outdoor cafes occupying public sidewalks. He
opposed vendor carts anywhere but in Station Square Park, one area previously approved.
The Mayor suggested vendor carts could be permitted in Coachman Park. Commissioner
Thomas felt each location should be approved individually. He said he did not support the
. proposed ordinance as it did not cover the total picture. He questioned if a restaurant
with adequate land could have a connected outdoor cafe. Mr. Shuford indicated that use
would require adequate parking be provided. He noted the key feature of the ordinance
exempts a percentage of an outdoor cafe's total seating from parking requirements.
Commissioner Deegan said he thought the intent of the ordinance was to streamline
procedures by allowing the development code administrator to handle as much as possible.
Commissioner Thomas said he opposed vendor carts anywhere in downtown but in Station
Square Park. He said other parks should be looked at.
Commissioner Fitzgerald suggested not approving the ordinance and recommended
it go back to staff for additional work. .He said Mr. Shuford should now have a fair idea
regarding Commission objections based on tonight's remarks.
Commissioner Thomas spoke in favor of outdoor cafes on private land separated
from the public by fencing. He felt these type cafes should be relieved of some parking
restrictions. Commissioner Fitzgerald indicated he basically agreed but expressed concerns
about someone building a small restaurant with mostly outdoor seating to avoid parking
. requirements. Mr. Shuford noted only 25% of the restaurant's total seats would qualify
.for the parking exception.
mlnCC11 c.94
13
11/17/94
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Mayor Garvey felt the Commission was not comfortable with the ordinance as
presented and suggested continuing this issue until January. The City Manager suggested
staff come back with concepts and pros and cons.
Commissioner Berfield said she opposes outdoor cafes on public sidewalks. She
spoke against doing away with all parking requirements. She spoke against permitting
vendor carts on the beach and felt Downtown vendors should be limited to Station Square
Park. She questioned how vendors currently apply for permission to operate in Downtown.
Mr. Shuford indicated current vendors were approved by the Community Redevelopment
Agency.
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Commissioner Deegan said the Downtown Clearwater Association ((DCA) favored
vendor carts in specific locations. He said the DCA wanted to do away with the anti-fun
ordinances. He felt vendors operating pushcarts will not be making much money. He
believed the ordinance would provide adequate protection for pedestrians walking past
outdoor cafes. He questioned how many beach sidewalks are wider than five feet. He felt
the City Manager's suggestion to return to the Commission with concepts represented the
best approach to addressing the issue.
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Consensus was to bring back a list of issues associated with this ordinance for City
Commission discussion on January 17, 1995.
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Mr. Shuford questioned if the Commission wants any revisions to be reviewed by
the Planning & Zoning Board and Development Code Adjustment Board (DCAB) prior to
coming before the Commission. Consensus was to bring it to the Commission first.
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The City Commission recessed from 8:30 to 8:45 p.m.
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iTEM n13 - (Cont'd from 09/01 & '0/20/94) Public Hearing & First Readina Ordinance.
5668-94 -
Amending various sections within Chapters 35, 36, 40, 41 & 42, revising alcoholic
beverages sales regulations. establishing new definitions, creating a new appeals process,
establishing a new "nightclubs, taverns, and bars" use & establish conditional use
standards (LDCA 94-17HCP)
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At several meetings, the City Commission provided staff with direction on revising
the City's alcoholic beverage regulations. Staff completed an ordinance they feel complies
with Commission direction'. The ordinance has been reviewed by the Planning & Zoning
Board and Development Code Adjusfment Board and recommended changes and additions.
Mr. Shuford noted changes were recommended to streamline the permitting of the
more innocuous uses aDd provide additional requirements for conditional use permits. He
said the changes would affect staff workloads. As an example, he noted the December
1 3, 1 994 Planning & Zoning Board (P&Z) agenda. He noted if this ordinance is adopted on
second' reading, the number of conditional use permit requests addressed at that meeting
would be reduced from thirteen to six.
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14
11/1 7/94
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Mr. Shuford referred to the new definitions listed in Section 35.11. He noted
"nightclubs, taverns and bars" are now defined as any facility licensed by the State for on
premise consumption of alcoholic beverages not otherwise defined as a restaurant. He
noted language was added to the City's definition of a restaurant to prohibit package sales
and provide that at least 51 % or more of gross sales receipts are for the sale of food and
nonalcoholic beverages and permit no more than 1 5 % of the gross floor area be devoted to
waiting areas, lounges, or entertainment areas.
Mr. Shuford referred to Section 36.065 and noted a significant change is proposed
in the appeal process. Based on Commission direction, this provision allows appeals for
conditional use decisions rendered by the Planning and Zoning Board not to go to a Hearing
. Officer but to come to the City Commission. He noted Civic Center has been added to the
ordinance to allow consideration of alcoholic beverage sales uses for fund raising events.
Mr. Shuford referred to Section 41.053 which addresses supplementary standards
for conditional use permits.
Commissioner Deegan referred to Section 41.053 (19.1) and suggested changing
the word "permitted1l to "authorized. II Ms. Shuford said that language is used throughout
the supplementary standards but will be changed to lIallowed" for consistency.
Commissioner Deegan recommended adding "by the Planning and Zoning Board." after
tlallowed."
Mayor Garvey questioned if it was possible to consolidate the regulations. Mr.
. Shuford stated that would be difficult. He referred to Section 41.074, the alcoholic
beverage use table, suggested by the Planning and Zoning Board to clarify the City's
regulations.
Commissioner Deegan questioned if a conditional use permit would be allowed if all
supplementary standards are met. Mr. Shuford indicated this is so. Commissioner Deegan
suggested adding the word "and" after (19.1) (a) through (e) because all conditions must
be met. Mr. Shuford said staff would make certain other parts of the ordinance were
consistent with that recommendation.
. .
Mr. Shuford referred to (19.1 Hb) addressing the separation issue. He explained this
section gives the Planning and Zoning Board authority to determine if an overconcentration
of alcoholic beverage uses exists in a particular area.
Commissioner Deegan referred to the words lIinappropriatei' and UpotentialU and
questioned if using this broad language in the ordinance could cause problems for the City.
The City Attorney recommended removing the word uinappropriateU and leaving the word
"concentration." Mr. Shuford-indicated it was difficult to include these recommendations
unless a standard measurement technique is used. He noted between 90% and 95% of
variances were granted using that technique and indicated the City runs into difficulty
denying a use based on past approval actions. He noted specificity cuts both ways. If the
. Planning and Zoning Board denies a permit, the appeal comes to the Commission who will
see the same information and determine if the permit is justified.
minCC11 c.94
15
, 1/1 7/94
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Commissioner Deegan expressed concern that too many permit requests will be
approved. He noted the Commission had recommended the Planning and Zoning Board
hear these requests for a six month trial period. Mr. Shuford thought the six month trial
period was for the appeal process. Commissioner Deegan expressed concerns regarding
the precision of the language used. The City Attorney noted the difficulty in identifying
concrete language without specific measures that would allow needed flexibility. The
Mayor noted a potential for problems either way.
Commissioner Fitzgerald supported streamlining the regulations. He expressed
concern with the 500 foot separation distance. He noted the earlier illustration with Item
#, 0 of what would happen if the separation distance was extended from 300 feet. He
questioned the rationale that determines that a 500 foot separation distance is better than
300 feet. He also expressed concerns with basing distance separation on measurements
from property line to property line. Mr. Shuford noted the Planning and Zoning Board
recommended retaining the current measurement technique from the edge of the use area
to the property line of the "protected use. tI
Mr. Shuford reviewed the philosophy of the 500 foot separation distance. He said
'the intent is to provide a wider range of review area for alcoholic beverage sales. He said
that distance does not preclude the board from considering an alcoholic beverage use
within that '500 feet. He said an applicant must specifically address each issue and show
how they meet the standards of approval.
Commissioner Fitzgerald felt the current requirements were being extended and
would cause a rise in the number of questions when the intent was to reduce questions.
He expressed concerns at the more restrictive situation and indicated he could not support
a 500 foot separation distance and the property line to property line way of measuring.
Mr. Shuford pointed out the ordinance is a result of a number of Commission meetings. He
. noted requests like Item # 10 are not unusual and felt these regulations will make the City
more "user friendly." Mayor Garvey questioned if distance was a key factor.
Commissioner Deegan indicated it was and spoke in favor of the 500 foot
separation distance. He noted individuals within the 500 feet would now have to justify
they meet specific standards before only one board. He said staff indicated there was little
- difference between a 300 and 500 foot separation. Mr. Shuford said the separation
distance allows the City to review a snap shot of uses within that distance. He agreed
there was little' difference in the number of establishments affected when a 500 foot
separation was compared with 300 feet, property line to property line. He noted the
Commission had indicated their preference for the 500 foot measurement.
. Commissioner Berfield referred to the alcoholic beverage separation request for
property across from Clearwater High School. She noted Planning and Zoning Board
members did not deny the request. Mr. Shuford said that request represented the key
event that triggered this updated ordinance. He said under current regulations, the
. proximity of the school could not be considered if standards are otherwise met. The
request then came to the Commission and was denied. The Commission had questioned
why the request ever came before them.
minCC' , c.94
, 1117/94
16
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In response to Commissioner Thomas' question, Mr. Shuford said if the alcoholic
beverage use area is less than 1 5 % of the building's total floor area and a hotel has 100 or
more rooms, the hotel could be constructed as a' permitted use. If the lounge area
comprised 16% to 20% of the building's floor area, the hotel could be constructed as a
conditional use with approval by the Planning and Zoning Board. Commissioner Thomas
questioned how the hotel's meeting rooms impact the square footage issue. Mr. Shuford
said they are not measured.
Commissioner Thomas questioned if Walgreens built on the Plaza property at
Hercules Avenue and Gulf to Bay Boulevard, would they then qualify for alcoholic beverage
package sales under the proposed ordinance. Mr. Shuford said package sales could be
permitted with approval of a conditional use permit from the Planning and Zoning Board
who would be justified to deny the request based on its proximity to the school. Mr.
Shuford pointed out if more property was purchased and the store had a floor area of
25,000 square feet or more with package sales comprising 5% or less of the floor area,
sales of alcoholic beverages would be a permitted use.
Commissioner Thomas referred to Section 42.34 (e) and noted one parking space is
required for every 1 00 square feet of restaurant space. He asked if enforcement of these
regulations pertained to Downtown. Mr. Shuford indicated Downtown and Clearwater
Beach are separate zones with separate parking requirements.
Commissioner Thomas requested consideration of permitting delicatessens on
Clearwater Beach to sell package beer and wine. Mr. Shuford indicated he and the City
Attorney have concerns regarding drawing the distinction between convenience stores and
delicatessens. He said the definitions he presented attempt to draw that distinction: a
"convenience store" means any retail establishment offering for sale grocery and
household items, newspapers and magazines, gasoline and other auto produces, incidental
sales of cooked food or site-prepared food ready for serving off-premises, and similar
items, and "deHcatessenll means any retail establishment that is primarily devoted to the
selling of cooked food or site-prepared food ready for serving on the premises of off-
premises, with only incidental sales of grocery and non-food items. Mayor Garvey
suggested looking beyond the beach area with these suggestions. She expressed concerns
regarding the definition. Mr. Shuford said he shared that concern.
Commissioner Deegan noted the definition of delicatessen refers to an
e'stablishment serving site-prepared food ready for serving on or off the premises. Mr.
Shuford said a deli could be classified as a restaurant or as a tavern, nightclub, or bar with
. a conditional use permit. He said the regulations have attempted to limit package sales on
Clearwater Beach. He said delicatessens would require a conditional use permit to h~ve
package sales.
Commissioner Deegan noted if there is a certain percentage of on-site food
consumption, the establishment would be classified as a restaurant, not a delicatessen.
Mr. Shuford expressed concern regarding the take-out component of a delicatessen
because a restaurant cannot have package sales. Commissioner Deegan recommended
adding language to Section 41.053 (f) to clarify this situation.
minCCll c.94
17
1 1/1 7/94
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Commissioner Deegan questioned whether the ordinance would allow on site
consumption of alcohol. Mr. Shuford said there is still the ability to classify the deli as a
restaurant or nightclub with conditional use approval.
Discussion ensued in allowing package sales and on premise consumption in a small
scale establishment.
Commissioner Thomas said there is a need for take-out food on the beach and
wanted to ensure there is the ability to take out alcoholic beverages with take-out food.
Mr. Shuford said if a delicatessen is defined as a place where one can eat-in and take-out
food, the same language should be included under "nightclubs, taverns and bars," so they
are able to do both in the beach commercial district.
Commissioner Berfield questioned what makes a restaurant different from an eat-in
delicatessen. Mr. Shuford said restaurants cannot sell package alcoholic beverages.
Commissioner Barfield questioned if a small restaurant could be considered a delicatessen.
Mr. Shuford said delicatessens would be required to obtain a conditional use permit. He
said if a restaurant is licensed to sell alcoholic beverages but does not meet the City's
definition of a restaurant, the City will classify it as a "nightclub, tavern and bar,lI a limited
classification on Clearwater Beach. He said the issue is complicated.
Commissioner Thomas said he was comfortable with the ordinance with the added
language. He indicated this provision will make it profitable for a merchant to be in the
delicatessen business. Commissioner Fitzgerald indicated he had no problem with the
delicatessen issue.
,.Consensus was to include language in two separate sections of the ordinance
permitting delicatessens to sell alcoholic beverages
Commissioner Deegan referred to Section 41.053 (c) (1) regarding passenger
vessels. Mr. Shuford said the Planning and Zoning B'oard recommended adding this
language. Other recommendations were that the Hearing Officer appeals procedure be
. retained and the alcoholic measurement technique be from property line to use area.
These recommendations were not included because they were in direct conflict with
Commission direction. Staff included their recommendation for an exception to the 500
foot separation distance for vessels that served alcoholic beverages only after the ship was
. underway.'
Commissioner Deegan referred to the minutes from the Marine Advisory Board
. meeting' that indicated the cruise line serves alcohol while at the dock prior to getting
underway. Mr. Shuford stated that practice would be inconsistent with the Empress
CriJise'Line's conditional use permit and separation variance. Commissioner Deegan
requested the Harbormaster inform the Marine Advisory Board this is a misinterpretation of
the City's intent. He noted Section 41.053(a)(1) does not only refer to cruise ships but
any' passenger vessel. Mr. Shuford said once the boats are underway, the City would not
regulate their use activity.
minCC11 c.94
18
11/1 7194
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Commissioner Fitzgerald questioned if a boat owner sitting on his boat at the marina
could drink a beer. Commissioner Deegan pointed out the ordinance references selling
alcoholic beverages. Mr. Shuford noted boats taking passengers out to the Gulf would not
be affected by the 500 foot separation if no alcohol was sold at the dock. Boats selling
alcoholic beverages at the dock would be required to obtain a conditional use permit.
Mayor Garvey questioned if the fee for a charter boat includes the cost of alcoholic
beverages. Commissioner Deegan said as long as the charter does not serve alcohol
dockside, the tlsale" would not need to be addressed. He felt the ordinance addresses
charter bo~ts not serving alcohol until they are underway or located within 500 feet of a
protected area.
Commissioner Thomas felt serving alcohol at the marina is a nonissue as there are
no nearby residences. Commissioner Berfield pointed out there are residences within 500
feet of the Clearwater Marina. Mr. Shuford recommended adding language to the
ordinance to address sales on passenger vessels licensed by the State to sell alcoholic
beverages. It was felt this was a good recommendation.
Commissioner Berfield questioned the Planning and Zoning Board's rationale to
include this section. Mr. Shuford said the Planning and Zoning Board wanted to be certain
boats that were underway would not be subject to the added restrictions of the 500 foot
separation "issue. Commissioner Thomas said he could not see anything wrong with
allowing small fishing boats to serve beer at the uuck. Commissioner Deegan
recommended dropping the last half of the sentence to read II ...on a passenger vessel on
which alcoholic beverages are served only after the vessel is underway. II Commissioner
Thomas recommended the ordinance just address cruise ships. Mr. Shuford recommended
language be included to limit restrictions to vessels licensed by the State to sell alcohol.
The majority consensus was to accept Mr. Shuford's recommendation.
Commissioner Deegan referred to Section 41.071 (2) and noted Commission
direction was that change of ownership should require a conditional use permit. Mr.
Shuford agreed that had been the direction but noted the Commission Iiad also suggested
certain uses be "permitted uses." He said a change of ownership would not necessarily
trigger any additional review it the uses are "permitted uses." He said accessory uses are
limited to a percentage of a retail center's floor area and Bre "permitted uses" and would
not require review. Establishments having conditional use approval to sell alcoholic
beverages would be required a change of ownership review.
Commissioner Deegan indicated the accessory use language seems to include
"nightclubs, taverns and bars." Mr. Shuford noted the Holiday Inn could have a lounge as
a permitted use that may not qualify as a restaurant as long as the total area where
alcoholic beverages were sold did not exceed 15 % of the building's total floor area limit
established for an eccessory use.
Commissioner Deegan referred to the Dock of the Bay. Mr. Shuford said the City
would address this type of use with code enforcement efforts addressing the noise and
nuisance ordinances arid, if need be, pulling the occupational license. He said after the
minCC1 1 c.94
11117/94
19
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problems have stopped, if the floor area where alcoholic beverages are sold is limited to
10% of the floor area, the business could be reestablished with a different operator as a
permitted use. He noted the Commission is giving up an element of control with this
ordinance and would be relying upon the business judgement of the operators. He felt
there would be an element of risk.
Commissioner Deegan felt if the new owners had to listen to complaints against the
previous owners, they may be cooperative. Mr. Shuford said staff will do a thorough
review to identify problems in certain areas.
Commissioner Berfield questioned if an occupational license is issued to an
individual or a business. Mr. Shuford said the occupational license is usually in the name
of the business. Commissioner Berfield questioned if a business could reopen under
another name. Mr. Shuford said the City's occupational license enforcement would
prevent that from happening.
Commissioner Berfield felt the owner of a strip shopping center is responsible for
the tenant. She questioned what to do if the person causing the problem is the owner.
Mr. Shuford said this problem would be pursued through the City's code enforcement
measures.
Commissioner Deegan referred to Commission's direction to prohibit
"grandfathering" conditional use permits for businesses which were required to have, but
did not obtain, a separation distance variance. Mr. Shuford said it was recommended this
be' addressed through administrative'procedures.
Commissioner Deegan requested ordinances be dated so the most current draft is
apparent.
Commissioner Deegan recommended the City Manager track the trial period of the
ordinance so the Commission can see if it is satisfied with the way it is implemented. Mr.
Shuford said staff would present the Commission with a six-month update. He noted it
was a big step for the Commission to change from a procedural oriented approach to a
streamlined one.
. Bob Tankel, attorney representing Surf West, Inc., noted it is obvious Clearwater is
. a tourist destination. He commended the good balance established in this ordinance that
will protect, the public from unfettered sales of alcoholic beverages and prohibition. He
. expressed concerns regarding unintended consequences of the current ordinance. He
noted one restaurant on Clearwater Beach gives beer away because it has no license to sell
beer or wine. He said if that restaurant can be licensed under the new ordinance, the tax
base will be increased. He felt this ordinance will increase jobs and City revenues. He
recommended its passage.
Bob Bickerstaffe noted the Commission started out to streamline and simplify the
rule's regarding sales of alcoholic beverages. He said the property line to property line
, method of measurement has been used since Walgreens requested a permit to sell
. alcoholic beverages across from a school. He suggested if the Commission wants to set a
minCC11 c.94
11117/94
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distance between alcoholic beverage sales and a school, he recommended establishing a
distance between the building where the alcohol is sold and a boundary established on the
school property. He felt the property line to property line measurement can only be
worked out through a complicated series of percentages. He felt this new ordinance
increases bureaucracy. He said the present alcoholic beverage regulations are difficult to
poUce. He recommended developing within the community the respect of the business
people that the City is seriously regarding the enforcement of the code. He requested the
Commission make the ordinance clearly understandable.
Mike Frangedis, of the Clearwater Beach Business Association, said as a tourist
destination, the community competes with other communities. By not being tourist
friendly, the area is losing tourists. He said people in the community are losing interest.
He noted many Clearwater Beach establishments give away alcoholic' drinks. He
recommended permitting the sales of alcoholic beverages at restaurants serving food
. would increase tax dollars. Mr. Frangedis referred to the discussion of alcoholic beverage
sales on boats and recommended that every boat allowed to sell food be permitted to sell
alcoholic beverages. He agreed it was important that liquor not be sold near schools. He
felt stopping children from drinking alcoholic beverages starts in the homes.
Mayor Garvey noted a majority consensus regarding delicatessens. She noted no
major opposition to the ordinance other than some minor changes. She said she wants to
see the amended proposal before passing the ordinance on first reading and recommended
continuing this item until December 1, 1994. Commissioner Deegan noted the ordinance
will not be passed until after the new year if first reading is delayed. He noted the
Commission has worked on this proposal for a long time and noted minor cleanup is
necessary. Mayor Garvey felt this ordinance represents a significant step for staff.
. Commissioner Thomas recommended passing the ordinance on first reading and
staff making the~necessary changes before second reading. He felt it was critical to get
the process started. He questioned if any. establishment can give away beer. Mr. Shuford
felt that practice was probably a violation of City code. Commissioner Thomas requested
the Com'munity Response Team address this issue.
Commissioner Fitzgerald felt the property line to property line measurement would
lead to problems with a large shopping center. He believed the measurement should be
from the facility to the establishment. Commissioner Thomas noted current regulations
require measuring from building to property line.
Commissioner Deegan said he was satisfied with measuring from property line to
. property tine. He expressed concern for the children at a school or recreational area noting
they are often outside the buildings. Commissioner Thomas agreed with measuring from
. property line to property line. He did not see a, proble.m with this issue. Commissioner
Berfield spoke in favor of measuring from property line to property line. Mayor Garvey was
opposed.
Majority consensus was the measurement should be made from property line to
property line.
. minCe1 1 c.94
21
11/17/94
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\;:'~'~:'. ..~:' '., . .' Manager indicated staff concurred with that request. Commissioner Thomas moved to
?;to:-,::': .' :' ' . continue Item #14 until the regularly scheduled meeting of January 19, 1995. The motion
i/:,r,':: ...... '. was duly seconded and carried unanimously.
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~t~~\.:: ".~., . . . . . JTEM #15 - 50ecial Items of widesoread oubUc interest - None.
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Bob Bickerstaffe recommended addressing the cruise line in a separate ordinance.
Commissioner Deegan moved to approve the Land Development Code amendment
revising the alcoholic beverage regulations with the following amendment: (') clarify the
issue concerning .sill conditional use standards of approval being met; (2) add language in
Section 41.053 (1 9.1 )c. as follows: "licensed by the state to sell alcoholic beveragestl; and
(3) establish the same provisions for deliicatessens serving alcoholic beverages for
consumption on premises as for those selling alcoholic beverages in package sales.. The
motion was duly secondad.
Commissioner Deegan recommended addressing nebulous language like
"inappropriate." The City Attorney said staff would review this language.
Mayor Garvey said she would vote against the ordinance because she did not see
an overwhelming need to pass it before the ordinance is amended.
Upon the vote being taken, Commissioners Barfield, Deegan, and Thomas voted
"Aye;" Commissioner Fitzgerald and Mayor Garvey voted IINay." Motion carried.
The City Attorney presented Ordinance #5668-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5668-94 as amended on first
.. reading. The motion was duly seconded and upon roll call, the vote was:
"Aye's": Barfield, Deegan and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
ITEM #14 w Public Hearina & First Readina Ord. #5683w94- LDCA re Wetland Area
Setbacks (Amending Sec. 42.28 to require vegetative buffer setbacks adjacent to
.' .' ttJurisdictional Wetlands" under jurisdiction of the State of FloridaHLOCA 94-21 HCP)
ITEM #16 - Citizens to be heard re items not on the Aoenda w None.
The Commission recessed from 10:31 to 10:39 p.m.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17w18) w Approved as submitted.
minCC11c.94
11117/94
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ITEM #17 - Receiot/Referral- Annexation, Land Use Plan Amendment to Residential Low &
RS-8 Zoning for property located at 1613 & 1615 N. Bettv Lane, Pine Ridge Sub., Blk B,
Lot 9; also abutting right-of-ways of Betty Lane & Parkwood Street (Charlie Harris, A94-
25, LUP94-28)(CP)
ITEM #1 8 - Receiot/Referral - Annexation, Land Use Plan Amendment to Residential Urban
& RS~8 Zoning for property located at 3131 San Mateo St., Del Oro Gardens Sub., Lot 11,
0.17 acres m.o.l. (Carmichael, A94-26, LUP94-30HCP)
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #19 - AoreBmBnt with Pinellas County School Board & the Commission re City
notification of and involvement in the approval process for School Board construction
projects, including landscaping removal/installation and the erection of signs (CP)
Commissioner Deegan referred to a letter to the Commission from a citizEln about
the School Board not protecting trees at the construction project. He questioned how the
. Commission can be more forceful in having the School Board understand they must follow
the City's ordinance protecting trees. Mr. Shuford said the School Board has been
forthright with their plans and have made adjustments to accommodate staff concerns.
Commissioner Deegan questioned if any Commissioner had looked at the site the citizen
complained about. The City Manager said the concern was expressed regarding Paul D.
Stevens School and indicated she wants to see the site. Commissioner Thomas said he
wrote a letter to Dr. Hinesley requesting he look into the complaint and reply.
Commissioner Berfield moved to approve the agreement with the Pinellas County
School Board and the Commission regarding City notification of and involvement in the
approval process for School' Board construction projects, including landscaping removalf
,installation and the erection of signs. The motton was duly seconded and carried
unanimously.
ITEM #20 - Receiot/Referral - LDCA re temporary commercial parking lots (LDCA 94-
27)(CP),
On October 6, 1 994, the City Commission directed staff to develop a code
amendment to anow greater flexibility in the use of the temporary commercial parking lots
on Clearwater Beach.
Commissioner Deegan questioned if the term "backoutlt parking was used to denote
forbidden parking spaces. Mr. Shuford indicated this was the case. He questioned if there
'are many commercial establishments on the beach where there are no sidewalks with a
pEnking lot immediately accessible by driving over the rights-of.way. Mr. Shuford
expressed concerns regarding unsafe traffic maneuvers. Commissioner Deegan felt it was
not logical to permit people to park in such a space to shop and then prohibit drivers from
minCe11 c.94
11/17/94
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paying and parking there. Assistant City Manager Baker found it improper to lease City
right-of-way. Commissioner Deegan noted the ordinance indicated driving across the right-
of-way. ,Mr. Shufo,rd said backing into traffic is not a maneuver the City wants to
encourage.
Commissioner Thomas noted this type of maneuver is presently being done and
recommended the maneuver not be permitted. Mr. Shuford said staff did not want to
encourage additional use beyond what has already been established for the non-conforming
parking spaces.
Commissioner Deegan questioned what was non-conforming about that use. Many
beach establishments have parking on private property accessed by crossing the City's
right-of-way. Mr. Shuford indicated parking spaces where a wide apron exists for access
would be permitted. Commissioner Deegan said the intent of the ordinance is to allow
property owners to have a temporary parking lot on their own property. Mr. Shuford said
the sentence will be corrected to read, "In no case shall parking spaces wholly or partially
owned by the City of Clearwater be used as part of a temporary commercial parking lot. n
Commissioner Berfield moved to receive the Land Development Code Amendment
regarding temporary commercial parking lots and refer to the City Clerk for advertising.
The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald,
Berfield, Deegan and Thomas voted "Aye;" Mayor Garvey voted "Nay. II Motion carried.
ITEM #21 - Other PendinQ Matters
a), (Cont'd from 11/14/94) Amendment & Extension to Lease Agreement for Pier Pavilion of
, Clearwater, Inc. to operate on a month-to-month basis, with 60 days notice of termination,
with a flat monthly rental rate of 7 % of gross sales (MRl
, The 1993 special report for the Pier Pavilion of Clearwater, Inc., conducted by CPA
'. Cherry, Bekaert & Holland, shows that the Pier Pavilion paid the City a fixed rent of
$50,000 (12 X $4,167 per 'month) and 10% of $717,883, with a $4,167 credit toward
the cost of the bath house. The total percentage amount paid for 1 993 was $17,621, plus
tax. This amount was paid on April 26, 1 994, and added to FY 1993/94 revenue for a
total yearly payment to the City of $67,621.04.
The Fashion Resort at Pier Pavilion was closed .at the end of August, 1 994, because
. Mr. Alexander, the tenant, was gearing to close the entire Pier Pavilion operation on
December 31, 1994. According to Mr. Alexander, the Fashion Resort portion of the Pier
Pavilion accounted for approximately 30% of the total gross sales.
When contacted by staff regarding questions from the City Commission, Mr.
Alexander stated he is not interested in a fixed flat monthly rent unless it is in favor. He
expressed concerns with weather and other charges he must bear during the time frame of
a month-to~month short term Lease Agreement. He indicated he had no way to forecast
: revenue to the City for the Pier Pavilion in 1995.
minCC11 c.94
24
11 /1 7/94
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Seven percent of 1994 gross sales of $537,006.94would equal $37,590.49. The
revenue from the Pier Pavilion may be higher in 1995 because Big Pier 60 was not open
during January through late April 1994. Weather also will be a deciding factor on what
revenue to expect from the Pier Pavilion.
Actual revenue the City received from the Pier Pavilion over the past six fiscal years
is: FY 1988/89 - $121,607.04; FY 1989/90 - $129,208.70; FY 1990/91 - $37,657.04;
FY 1991/92- $103,517.04;FY 1992/93- $96,119.04;and FY 1993/94- $67,621.04.
Commissioner Thomas said he was satisfied that the proposal now contained
numbers on which to base an opinion.
Commissioner Thomas moved to approve the amendment and extension to the
lease agreement for Pier Pavilion of Clearwater, Inc. to operate on a month-to-month basis,
with 60 days notice of termination, with a flat monthly rental rate of 7 % of gross sales.
The motion was duly seconded and carried unanimously.
b) Harborview Center Construction Cost Update for Phase 1 & 1 A and proposed budget for
Phase 2
On April 7, 1994, the City approved a contract with Rowe Architects, Inc. and
Biltmore Construction Company for the renovation of the former Maas Brothers building to
accommodate leasing the middle floor space to Stein Mart, Inc. The Phase 1 contract
included architect fees of $285,000, contractor fees of $160,605, and construction costs
of $2~million.
As the project progressed, the Commission indicated a desire to extend the project
. to include the lower and upper floor renovations. On June 14, 1 994, cost-saving work
items and plans for a new exterior were presented to the Commission. Estimated
construction costs totaled $1,225,000. The architect and contractor agreed to perform
under terms of their existing services contract.
Approval of this agenda item will establish the Phase 2 construction budget for the
completion of the entire project for $4,227,OOOand includes $379,000 for Phase 2
architectural fees and $390,000 for Phase 2 general contractor fees, totalling $4,996,000
and authorizes payment of $267,000 for the Phase 1 A architectural and general contractor
fees. "
Funding in the amount of $2,059,620is available in the Harborview Center project.
. The balance of $2,936,380 will be provided from the unappropriated balance of Penny for
"Pinellas funds available through FY 1999/2000. Because this funding is not immediately
available, current funds will be provided through a loan from the Central Insurance Fund to
the Special Development Fund.
Mr. Baker said approval of a construction budget and an extension to the contracts
with the architect and contractor is being requested. He said Phase 1 and Phase 1A work
'was c'ompleted and folded into those costs were several items not identified at the time
the Commission authorized the construction budget. He said during construction several
minCe11 c.94
25
11/1 7/94
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items were found that needed to be addressed. Staff was able to work in these items
because of the control the City has over each step using this method of building. Mr.
Baker reported everything was accomplished under budget. If the Commission wishes to
complete the project, he strongly recommended doing it now.
The City Manager indicated the funding arrangements of this project need to be
discussed. She referred to a memo from Budget Director Tina Wilson indicating the total
funding available in Phase 1 and Phase 2 that has been approved is a little over $6-million.
She said an additional $2,936,380needs to be funded. Ms. Wilson recommends
appropriating the money from the infrastructure projects. The money will be available
between now and the year 2000. She said the money would be borrowed from the City
and repaid with interest. No money would be taken from any established projects or
Capital Improvement Projects. She noted when money is taken from an uncommitted
fund, the City is lessening their options.
Commissioner Fitzgerald observed in the November 8, 1994 election, Charter
Amendment #3 was approved limiting spending to $5-million without two public hearings
being required. He noted this item for funding is just slightly below the $5-million limit and
does not trigger the two public hearing requirement. Commissioner Fitzgerald questioned if
the ten year Penny for Pinellas program expired in 1 998. Ms. Deptula reported the last
time the City will get money from the Penny for Pinellas program will be in FY 1999/2000.
She said no assumptions or recommendations are based on the possibility of an extension
of the program.
Commissioner Fitzgerald expressed concern when the Harborview Center project
started it was much smaller and is now costing the City $1 O-million or more, including the
cost of the land. He noted other costs not tabulated in the cost of the Harborview Center
include the 50% rebate for three years worth of rent that Stein Mart will receive for the
purposes of constructing their floor. He expressed concern that numbers are being juggled
significantly and money is being taken from other projects. Ms. Deptula said the identified
funding sources represents money that has not been committed at this point.
Commissioner Fitzgerald noted money was being taken out of accounts other than the
infrastructure fund. Ms. Deptula said the money for the Harborview Center is already in
the budget, approved through the FY 1994/95 budget process. Commissioner Fitzgerald
noted use of these funds will reduce the City's potential revenue from savings accounts.
He expressed concerns regarding lost flexibility in revenues and unknown ramifications.
The City Manager said any time the City spends money interest is lost. She
questioned if the Commission's priority is to finish the project now. She reported the
City's Jevelof reserves is more than adequate. Money spent for this project has not been
allocated to other projects. She noted the question is if the City Commission wants to
spend this money on this project or one for reclaimed water. She said if the Commission
wishes to complete the Harborview Center, now is the time. Commissioner Fitzgerald
expressed concern if going to a conference center is the right decision.
Commissioner Fitzgerald questioned when the City would see a return on this
investment. Ms. Deptula said the firms interested in managing the Harborview Center have
minCC 1 1 c. 94
26
1 1 /1 7/94
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not yet made their presentations. She said it is believed the Center is better than a
"break-even" proposition.
Commissioner Fitzgerald noted today's question is whether the City wants to invest
an additional $5-milJion into the Harborview Center. Mr. Baker said the money the City is
now considering spending would not be lost. He stated the worst thing that could happen
is the conference center failing and the space being used for retaU sates.
Commissioner Fitzgerald expressed concern that no fiscal analysis was completed
on the project and questioned how the City will return to the citizens what is being
invested. He referred to the recommendation to borrow money for the project from the
City's central insurance fund and transfer it to the special development fund and
questioned the impact of those actions. He indicated the plan is to collect interest at the
cash pool rate. He questioned if there would be an impact on the City's insurance fund.
He noted the plan to take $2.9-million out of the insurance fund and questioned how much
money is in the fund. Deputy City Manager Kathy Rice indicated approximately $6.8-
million was in the fund last year.
Commissioner Fitzgerald expre'ssed concern about the Commission's piecemeal
approach to the project. He said the Commission was led to believe this would be a $2-
mi1lion project. He noted the cost increased to $6-million and is now up to $9-million. He
questioned when the cost would stop increasing. He felt the project's true costs have
been masked because of the piecemeal approach. He questioned if the City will be cutting
into its revenue streams and impact future City projects. He referred to Rowe Architects,
Inc.'s November 10, 1994 construction cost update and noted the number of exclusions
from the construction costs estimates for kitchen leasehold equipment and furnishings,
landscaping, legal fees, etc., and questioned who would pay these fees. Ms. Deptula said
whatever deal is struck for the restaurants will come back to the City Commission for
approval.
Commissioner Fitzgerald noted the update includes approval of the atrium. He
expressed concern the Commission has gotten itself into a position of spending nearly $1 0-
million in unprogrammed expenses. He felt the Commission is stuck with the project and
believed it would be a drain on the City's finances. He noted the management contract
was not accounted for. He said the consultants that indicated the project would make
money were not objective as they want the contract to manage the Center.
Mayor Garvey questioned if the Commission stops the project now, what would be
a'ccomplished. She noted the building cannot be sold until it is completed.
Commissioner Fitzgerald felt the Commission got dragged into the project and
reached decisions without thinking it through. He noted the project is now much more
, expensive than was anticipated. He said he did not understand why no citizens were
present to protest. Mayor Garvey agreed Commissioner Fitzgerald gave a good historical
perspective on the development.
Commissioner Thomas said he did not think the Commission was dragged into the
project but knew what they were getting into. ,He noted he voted against the Stein Mart
minCC1 1 c.94
27
11/17/94
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lease because he thought the City could get more money. He said when a project is
started, one has to try to mak~ the most of it. He said he believes the project will be a
giant cash register for the City. He noted the management firm being considered views the
Center on a stand alone basis. He estimated the Center will generate a positive cash flow
of between $0.5-million and $1 ~million per year. He recommended this cash flow be
designated for the projects Commissioner Fitzgerald referred to earlier.
Commissioner Thomas felt the atrium issue needs to be addressed tonight. He
recommended the final design be a joint effort with the management firm the City hires.
He said the building is turning into a beautiful architectural piece. He believed there was
no end to the possibilities of what will happen to the City because the Commission finally
did something exciting.
Commissioner Thomas said he approved of the atrium as long as it is energy
efficient and easy to maintain. He recommended the structure be designed to include a
future monorail station.
Commissioner Thomas noted his conversation with the architect regarding the top
floor restaurant and the staircase on the north corner wall. He felt code could be met by
havin'g double exit signs going out of the restaurant directing to the corner staircase.
Commissioner Thomas said he is thrilled and impressed with the project. He
estimated the project will take'three years to be a success. He said Clearwater will be the
only City in the country with a profitable trade show/conference center.
Commissioner Deegan disagreed that the Commission was dragged into the proje,ct.'
He said the Commission made a conscious decision to use the design/build route for this
project. He' noted this building method represents a different way of doing business since
'many expenses are not addressed up front. He agreed with setting up a special enterprise
fund for profits from the Center. He said he fully expected the Center to be a cash cow
generating money for the City. He commended the City Manager for'lowering the project
costs to under $5-million and said that figure had nothing to do with the recently passed
,Charter, amendment. He indicated the City Manager and staff worked hard to pare back
the expenses.
Mayor Garvey felt at this point it would be foolhardy not to finish the project.
Commissioner Thomas moved to approve an extension of existing contracts with
Rowe Architects, Inc. and Biltmore Construction Company in the amount of $4,996,000
consisting of $4,227,000 construction costs, $379,000 architect/engineering fees and
'$390,000 general co'ntractor fees for the completion of the Harborview Center project and
ratify the expenditure of $110,000 architect/engineering fees and $1 57,000 general
contract fees for the completion of the Phase 1 A work ($1,225,000 construction costs)
previous'V authorized, and approve an interfund loan in the amount of $2,936,380 from
the Central Insurance Fund, bearing interest at the cash pool rate, to be repaid from Penny
for Pine lias collections in fiscal years 1998 and 2000.
I ' 4
minCe11 c.94
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Mayor Garvey indicated she may not vote for the item if the monorail and atrium are
included in the motion. Commissioner Thomas noted the atrium is part of the issue and
agreed to amend his motion by deleting the reference to the monorail.
The motion was duly seconded.
Commissioner Deegan noted the Commission has been collecting information for
several months regarding the Harborview Center and referred to recommendations dated
August 1994. Ms. Deptula said those recommendations had been addressed.
Commissioner Deegan referred to Item #2 which recommends the operating budget for the
fund be established in mid-year 1 994/95 and noted those dates were no longer accurate.
Ms. Deptula stated those recommendations were approved as part of the budget and
agreed the time table had slipped.
Mayor Garvey que'stioned when the Commission decided to include the atrium in
the design. She said she was uncomfortable with including it without discussion.
"
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Dean Rowe, of Rowe Architects, Inc., said without the atrium, there will be a.
perception that the building's upper level is not accessible. The atrium allows escalators to
be installed in an area where all visitors can experience the water view. He said the atrium
will help populate the building. He felt it was an essential element. Without the atrium,
the building will be dependent on an additional three elevators to transport people up and
, down. ' ,
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Commissioner Deegan questioned if the atrium in the model was changed. Mr.
Rowe indicated the model was exactly the same as before and no change had been made.
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Upon the vote being taken, Commissioners Berfield, Deegan and Thomas and Mayor
Garvey voted n Aye;\! Commissioner Fitzgerald voted "Nay. 1I Motion carried.
....... '
, c) Summer Youth Employment Program RFP Draft
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Commissioner Deegan referred to suggestions he made in a memorandum to Human
Relations Director Eleanor Breland on October 31, 1994. He hoped to see a recognition of
the suggestions he made. He referred to the sample agreement used last year and saw no
reason to use a form that has been changed. He questioned why the program's mission
would change from one year to the next. Ms. Rice indicated staff had tried to address the
comments in Commissioner Deegan's October 31, 1 994 letter by indicating a yearly
. reaffirmation of the mission. Commissioner Deegan recommended including the mission
'statement in the Request for Proposal (RFP) after the first sentence. He recommended
specifying the age group and areas targeted.
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pages were numbered.
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participants be interviewed by the employer. Ms. Rice said she thought that was covered
and will make it be more specific in the proposal.
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minCe 11 c.94
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Commissioner Deegan referred to the RFP and questioned if the reference to
placements referred to the number of teens or the number of employers in the program.
Ms. Rice said she would clarify that placements refers to employers.
Commissioner Deegan referred to the RFP and questioned the reference to
placements in special public sector positions. He thought the program was directed to the
private sector. Ms. Rice said she would clarify the language.
Commissioner Deegan referred to the RFP noting the requirement to submit an end
of program report. He questioned what needs to be included in the report. Ms. Rice said
staff will make it clear.
Commissioner Deegan referred to the RFP and questioned why youth should be paid
for attending orientation sessions. He agreed participants should be paid for work but
noted the City is trying to teach youth how to apply for a job and felt no employer pays
anyone to find out how to apply for a job. Ms. Rice said the program had an extensive
orientation program after acceptance to teach the youth job behavior and how to dress.
She said this is part of the job placement experience and will be paid for. Commissioner
Deegan noted the RFP states, "prior to enrollment. II
Commissioner Deegan referred to the agreement and noted it was for a one-year
contract with a possible two-year renewal. He said the recommendation from WorkForce
was for two years and questioned why the City extended the agreement. Ms. Rice said
staff wanted more control by not making the renewal automatic. Commissioner Deegan
recommended the contract be for one year with a one year renewal should the City wish to
release a new RFP. Ms. Rice said staff wished to review the contract every year for
r~l1e.~al without having to release a new RFP.
Commissioner Deegan referred to the evaluation of proposals and questioned the
administration costs of the program. He questioned how much the City paid for the
program to be administered last year. Ms. Rice noted last year's administrative costs
inctuded counselors. Commissioner Deegan pointed out the need to tell applicants what is
, meant by tho term "administrative costsll and establish limits on direct costs, indirect
costs, support services, etc.
Commissioner Deegan referred to the submission of proposals and noted they
. requested three references. He suggested requiring two additional references from private
'employers. Ms. Rice said the City will contact additional references beyond what is
supplied by the applicants. She said the request was to provide staff a starting point for
evaluation. She said staff would take the recommendation into account.
, Commissioner Deegan referred to the Agreement and questioned why "the
Contractorll was crossed off in (d) since some of the following issues are to be addressed
by the' contractor. Ms. Rice said the word shoutd not have been crossed out.
Commissioner Deegan referred to (d2), the need to establish explicit goals for the
program. ~ He recommended the goals should not be established at a later time but should
be included with the RFP. He felt the RFP was not ready for release.
minCC11 c.94
30
11/17/94
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Commissioner Deegan referred to (d4), the request to define the population to be
served. He said the age of the participants should be established in the Mission statement
or among the City's goals and not determined later. Ms. Rice said last year, 50% of the
participants were 16 years old and above. She questioned if last years's breakout of older
team participants was acceptable. Commissioner Deegan said the goal was for at least
60% of the participants to be 1 7 ~ 23 years old and noted the final percentage of older
participants was 49%. He noted the emphasis was to be on older youth. He said at least
60% of the program sho~ld be focussed on 17 - 23 year old youth. Mayor Garvey
suggested including 16 year old youths. Commissioner Deegan said the Commission had a
discussion after the first year of the program and noted how easy it was to place the
younger 'youth. He said the program needs to help the older participants who are ready to
enter the marketplace. Ms. Rice noted some participants were 16 year old school
dropouts. She recommended including 16 year old drop outs in the preferred group.
Commissioner Deegan noted the City is trying to teach the participants to land and hold a
job.
Commissioner Deegan referred to last year's goal that at least 10% of the
participants will be from economically disadvantaged households. He recommended the
program be available to more City residents and not kept at low income. He noted a lot of
today's youth are in trouble. Many, including some from well-to-do families, need some
help. He suggested the majority of the slots should be for low income residents.
Commissioner Thomas said if that change is made, he will support the program. He
said the United State's educational system spends 84% of total education dollars on
society's lowest segment. He suggested the system is focused on the wrong end.
Commissioner Deegan said the focus of the program should be on disadvantaged
youth but that 10% of the slots should be open for everybody.
Ms. Rice referred to the youth diversion programs the City sponsored last summer
and noted some were very successful. She questioned if the Commission wanted to
. include those programs. Commissioner Deegan said no and indicated that is part of a
different program.
Commissioner Deegan referred to page '2 of the agreement sample (9) regarding
defining a time frame. He noted the RFP set a 60 day time limit. He noted (10) also is
already addressed in the RFP. He noted the word "Contractor" should not be scratched in
paragraph #2. He referred to paragraph #3 and questioned why the City would pay
$50,000 up front. He said there is no way an organization will require that large of a cash
advance in February. Ms. Rice said she would work out the language.
Commissioner Deegan referred to the last sentence in paragraph #5 and suggested
that line makes renewal almost automatic. He recommended it say that "..;both parties
. must decide to extend this agreement. n
Commissioner Thomas noted last year the program only directed $85,OPO to the
youth and felt the administration fees were too heavy. Ms. Rice said after the first
program's first year, staff was aware of the need to provide counseling support.
minCC11 c.94
. 31
11/17/94
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:-;::;,::. ~.' .. ,. ., c) 'Res~ #94'-' 03 - Demolition Lien ~ 91 5 LaSane Street - Palm Park Sub., unnumbered
~~~~>:.~:>.:": : :..... . .:.' bl~'c~, N 1/2 of' Lot 28 (Rutledge)
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~:;~{';.,",",;:"" :." Commissioner Thomas moved to pass and adopt Resolution #94-163 and authorize the
?:.:OmlnCC11C.94 32 11/17/94
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Commissioner Thomas felt $55,000 was too much to spend for administration. He
questioned the cost for City's staff to administer the program. Ms. Rice said she would
bring back an amended draft to the next City Commission meeting
d) Set dates for Strategic Planning
The City Manager requested a Strategic Planning Session be set. The meeting was
scheduled for January 12, 1995 from 9:00 a.m. to 1 :00 p.m. at the Solid Waste Complex.
Commissioner Thomas moved to continue the meeting past midnight. The motion
was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan, and
Thomas voted ItAye;" and Commissioner Fitzgerald and Mayor Garvey voted "Nay."
Motion carried.
CITY ATTORNEY REPORTS
ITEM #22 - Resolutions
a} Res. #94-101 - Demolition Lien - 639 Bryant Street - Sec. 21 -29-15, M&B 44.30 '
. (Critchley)
'. The City Attorney presented Resolution #94-101 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #94-101 and authorize the
. ".appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
. "Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
.ltNays": None.
b) Res. #94-1 02 ~ Demolition Lien - 1306 Pennsylvania Avenue - C. E. Jackson's Sub., Blk
.. 2~ part of Lots 9 & 10 (Stanley)
,. . The City Attorney presented Resolution #94-102 and read it by title only.
; '. .Commissioner Fitzgerald moved to pass and adopt Resolution #94-102 and authorize the
. appropriate officials to execute same. The motion was duly seconded and upon ron can,
'thevo~ewas:
"Ayes": Fitzgerald, Berfield, Deegan~ Thomas and Garvey.
. ltNays": None.
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appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
II Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays't: None.
d) Res. #94-106 - Assessing property owners costs of mowing or clearing owners' lots
The. City Attorney presented Resolution #94-106 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #94-106 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Ber~ield, Deegan, Thomas and Garvey.
"Nays": None.
. ItEM #23 -- Other Citv Attornev Items
a) First Reading Ord. #5732-94. Amending Sec. 2.564{2) to increase the City Manager's
. purchasing authority
. The City Attorney presented Ordinance #5732-94for first reading and read it by
title. only. Comr:nissioner Thomas moved to pass Ordinance #5732-94 on first reading.
, The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
" b). Legal Services
.The City Attorney requested permission to retain two attorneys. She requested
.: hiring David 'CardweJI to assist the City with the East End project. She corrected the scope
" letter.to indicated his assistance is to the City, not to the CRA, and will not exceed
$30,OOO~
. . . Commissioner Deegan indicated h~ spoke to the City Attorney regarding this
request and ,said he could not approve this request until he received a corrected copy of
. . the s'cope letter. He noted the scope of work as identified was written some time ago and
. does not reflect the Commission's discussion. He did not think this delay would hold up
.: the work. The City Attorney said as long as she had Commission's approval to allow Mr.
.:Cardwell to begin some work in the meantime, she wit1 return with a refined scope. There
. '. 'was'rio objection to Mr. Cardwell beginning work.
minCC11 c.94
33
1111 7/94
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The City Attorney referred to the Fisherman's Wharf property the City is in process
of condemning and noted Janice Scott has been recommended. The estimated attorney's
cost is $50,000 through trial but is subject to change. The City Manager pointed out Ms.
Scott is married to Jim Massie, the Cityrs lobbyist.
Commissioner Thomas questioned if this was the best attorney for the job. The
City Attorney indicated she interviewed other attorneys and felt, based on the City's
needs, Ms. Scott is the best choice as she has had experience with DOT and eminent
domain.
Commissioner Thomas moved to authorize retaining David Cardwell of Holland &
Knight for the East End project with the understanding that the scope of service will be
brought back to the Commission and authorize retaining Janice Scott of Massie & Scott of
Tallahassee to assist the City in the eminent domain lawsuit at the rate of $135 per hour,
no billing for travel time, at an estimated cost of $50,000 through trial. The motion was
duly seconded and carried unanimously.
ITEM #24 - Citv Manaaer Verbal Reoorts
Ms. Rice referred to the legislative update and noted St. Petersburg is trying to add
an additional member to the PSTA board. Commissioner Thomas said it was important to
oppose St. Petersburg's position. He noted St. Petersburg already has two members on
the PST A board while Clearwater has one. He felt upper Pine lias County overfunds and
underreceives services from PST A. Ms. Rice suggested the City could ask for another
member. Mayor Garvey suggested it may not be appropriate for St. Petersburg's two
members to be elected officials. Commissioner Deegan indicated the City Attorney in St.
Petersburg ruled against the interpretation that both membe~s should be elected.
Commissioner Thomas recommended the Commission go on record opposing St.
Petersburg's proposal.
Commissioner Thomas recommended the City of Clearwater opposes the City of St.
Petersburg's attempt to add an additional member to the PSTA board. The consensus was
to draft a resolution supporting the Board as is. Ms. Rice said staff would present a
resolution to the Commission by the next meeting.
The City Manager referred to follow-up information she is sending to those who
responded to the RFP for the Harborview restaurants. Information wilt go out tomorrow
and next week. Commissioner Thomas recommended including a graphic of the building.
Ms. Rice said a graphic could be included in the second mailing.
. .ITEM #25 - Commission Discussion Items
ITEM #26 - Other Commission Action
. Commissioner DeeQan noted the City's High Speed Rail Task Force lacks one
appointment. He noted the appointment will result in four members who also serve on the
County's task force regarding the High Speed Rail. Commissioner Deegan expressed
. concern that bringing High Speed Rail to Clearwater may not be the first priority of these
minCe11 c.94
34
11/17/94
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four members. Mayor Garvey said her appointment came highly recommended from the
League of Women Voters.
.. '
Commissioner Deegan noted members of Clearwater's task force stated point blank
at the last meeting that they were more interested in the high speed rail for PineUas
County. Mayor Garvey questioned if Commissioner Deegan was asking her to withdraw
the appointment's name. Commissioner Deegan said he was not because three other
members are in the same position. He recommended the Commission stay in touch with
their appointees to reinforce the Task Force's mission.
Commissioner Deegan moved to approve Sue Humphries as a member of
Clearwater's High Speed Rail Task Force. The motion was duly seconded.
Commissioner Thomas felt the Commission should pledge that their representatives
support Clearwater or ask them to resign.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas questioned if the Commission agreed with his last statement.
. Commissioner Fitzgerald 'said he was confident that the people he appointed Bre very much
.~or the City of Clearwater.
. ITEM #27 ~ Adiournment
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The me~ting adjourned at 12:35 a.m. (November 18, 1994)
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