01/19/1995 (2)
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COMMISSION.
, City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 19, 1995 ~ 6:00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1.
2.
3.
4.
5.
Pledge of Allegiance
Invocation
Service Awards
Introductions and Awards
Presentations
a) NUCOPS - Sid Klein
Approval of Minutes - Regular Meeting
1/5/95
Citizens to be heard re items not on the
Agenda (maximum of 30 minutes)
1. Mayor.
2. Rev. Dennis MacAleer, Trinity Presbyterian
Church.
3. 2 awards presented.
1/95 Employee of the Month, Gertrude
Devers, Central Permitting Department.
4. Citation of Appreciation, David Berry for
service on the Library Board.
Proclamation: League of Women Voters
Year - 1995.
5. a) postponed.
6. Approved as submitted.
7. Jacqueline BlanQo requested she be
reinstated in her apartment in Pinellas Park.
It was indicated she needed to contact the
County and Pine lias Park.
Richard Enquist, representing the dancers at
the City Hall Annex expressed concern
regarding the closing of the annex and
requested the dances continue to be held on
the same days and at the same times as
they currently are. He submitted a petition
regarding same. Assurances were given
that every effort would be made to
accommodate the dances and that the
annex would not close until December of
1995.
Jack Alvord expressed concern regarding
contamination of his well from a nearby gas
station. Staff to get with him to address his
concerns.
Tom Sehlhorst reported on the Merchants'
Crime Watch in the Cl zone area. listed
problems at various locations in the area.
6.
7.
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Bill Steohan, Chair of the Marine Advisory
Board submitted a board resolution
requesting the southern end of the old
Clearwater Pass Bridge be retained as a
fishing pier. Staff to review and bring back
recommendation. .
Scott GeiQel stated he was interested in
working for the City and that he was
particularly interested in recycling and
environmental issues.
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Not Before 6:00 P.M. - Scheduled Public Hearings
(1} Presehtation of issues by City staff.
(2) Statement of case by applicant or
representative (5 minutes).
(3) Commission questions.
(4) Comments in support and in opposition,
whether as an individual or as a
spokesperson for a group 13 minutes).
,:)8.
i
~1/19/95
~5} Commission questions.
{6~ Final rebuttal by applicant or representative
. (5 minutes).
(7) Commission motion to determine
disposition
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
9.
(Cant. from 1/5/95) Public Hearing - FY
1 993-94 COSG Grantee Performance
Report (ED)
(Cont. from 1/5/95) Alcoholic Beverage
Distance Separation Variance for property
located at 1604 S. Missouri Ave., Sec. 27-
29-15, M&8 21.01 & Loveland Sub., Lots
18-22 (Barnett Bank of Pinellas
County/Wargreens Drug & Package Store,
AB94w 1 OHep)
(Cont. from 1/5/95) Variancets} to Sign
Regulations for property located at 2290
Gulf to Bay Blvd., Sec. 18-29-16, M&B
23.19 (West Ray Foods, Inc./Wendy's,
SV94-40)(CPJ
ICont. from 1/5/95) Variance(s) to Sign
Regulations for property located at 1835 N.
Highland Ave., Sec. 2-29w15, M&B 31.04
{McClintock/Shanghai Express, SV95~
01 )(CP)
10.
11.
8.
Approved.
9.
Approved variance of 90' to allow sales
210' from a church zone.
10.
Denied requests for: variance of 1 menu
sign, 9.06 sq.ft. area variance, & 1.2'
height variance.
11.
Approved 5' setback variance to allow a
freestanding sign 0' from Highland Avenue
r.o~w subject to standard setback condition.
2
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(Cont. from 1/5/95) Variancets) to Sign
Regulations for property located at 1 264-
, 274 Cleveland St., Padgett's Estates Sub.,
Lot 18 & part of Lot 19, and Moore,
property of A.J. Sub., Lots 28-31
{Bakriwata/Btg Apple Family
Restaurant/Economy Inn, SV95-02)(CP}
13.
Variance(s) to Sign Regulations for property
located at 473 East Shore Dr., Lots 6 & 7,
Blk C, Replat of Blk A, Clearwater Beach
Park First Addition {Day/East Shore Resort
Motel, SV95-03HCP}
3
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12.
Approved variance of 1 freestanding sign,
area variance of 21.9 sq. ft. to allow 2
freestanding signs with cumulative area of
85.9 sq.ft. & 5' setback variance to allow a
freestanding sign 0' from Cleveland Street
r-o-w subject to standard setback condition
& that the restaurant sign shall not be
enlarged or heightened.
Approved variance to permit a freestanding
sign with 18 sqJt. area, height of 13.2' &
with no setback from East Shore Dr. r-o-w
subject to standard setback condition, the
sign shall not be enlarged or heightened &
no attached signs shall be permitted.
Approved variance to permit a freestanding
sign with 6.2 sq.ft. area, height of 10' &
with no setback from Somerset Street r-o-w
subject to standard setback condition, the
sign shall not be enlarged or heightened &
no attached signs shan be permitted.
Approved an area variance for 2 entrance
signs of 66 sq.ft. to allow 90 sq.ft. each, a
4.8' height variance to allow 2 entrance
signs 10.8' high, and a 37 sq.ft. area
variance to allow a real estate' sign with an
area of 43 sq.ft., including 14.4 sq.ft.
devoted to identification of nonconforming
uses.
14.
Variance(s) to Sign Regulations for property
located at 19 Somerset St.; Lot 6, Blk 2,
Clearwater Beach Sub. (McCracken
Apartments-Motel, SV9S-04HCPl
13.
14.
15.
16.
Continued to 3/2/95.
15.
Variance(s) to Sign Regulations for property
located at 880 Mandalay Ave., Mandalay,
Blk 21, Tract 1 and 1 A, also 2 & 2A, 3 &
3A, 4 & 4A, & SA of unplatted 81k 21 and
riparian rights (Mandalay Shore Apartments,
SV9 5-05 HCP)
17.
Approved 5.7' height variance to allow a
freestanding sign 25.7' high with the
understanding the neon will be turned off.
16.
Variance{s) to Sign Regulations for property
located at 467 Mandalay Ave., Clearwater
Beach Park 1 st Addition, Blk 8, N 15' of Lot
26 & all of Lots 27-31, & Clearwater 8each
Park 1 st Addition Replat, Blk A, Lots 9 &
10 & vacated alley (JEC Funding,
lnc./Eckerd Drugs, SV95-06){CP)
Variance's) to Sign Regulations for property
located at 2430 Gulf to Bay Blvd., Sec. 18-
29-16, M&B 13.04 (Alan Rophie, Ralph
Rophie, Cecelia Betech, and Cheryl Cohen,
SV 95-07) (CP)
Public Hearing & First Reading Ord. #5713-
95 - LDCA re neon lighting, illuminated area
of signs & sign bases (LDCA94-24){CP)
18.
Continued to 2/16/95.
17.
18.
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20.
Public Hearing & First Reading Ord. 5755-
95 - LOCA re outdoor retail sales, displays,
and/or storage In the Beach Commercial
and Resort Commercial zoning districts
IlDCA _HCPl
(Cont. from 11/1 7/94) Public Hearing &
First Reading Ord. #5683-95 - LDCA re
Wetland Area Setbacks (Amending Sec.
42.28 to require vegetative buffer setbacks
adjacent to "Jurisdictional Wetlands" under
jurisdiction of the State of Florida)(LDCA
94-21 )fCP)
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19.
Denied.
20.
Cant. to 2/16/95.
i\
Public Hearing ~ Second Reading Ordinances
21.
Ord. #5722-95 - Proposed changes to the
adopted Park Place Development of
Regional Impact Development Order: revise
development phasing from 1 phase with 3
subphases to 1 phase with no subphases;
decrease office development by 7,400
sci.ft.; extend date of development build-out
from 1996 to 2000; & 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~ (Storz
Ophthalmics, Inc./Building Operation
Holding Co.)
Ord. #5723-95 - Revision to City Ordinance
2.474, Police Officers Pension Plan, to
comply with state and IRS requirements
Ord. #5724-95 - Annexation for property
located at 3137 San Mateo St., DelOra
Gardens Sub., Lot 10, 0.17 acres m.o.1.
(Ottaviano, A94-23)
Ord. #5725-95 - land Use Plan Amendment
to Residential Urban for property located at
3137 San Mateo St., DelOra Gardens Sub.,
lot 10, 0.17 acres m.o./. (Ottaviano, '
LUP94-26)
Ord. #5726-95 - RS-8 Zoning for property
located at 3137 San Mateo St., DelOra
Gardens Sub., Lot 10, 0.17 acres m.o.1.
(Ottaviano, A94-23)
21. Approved. Ord. #5722-95 adopted.
22. Ord. #5723-95 adopted.
23. Ord. #5724-95 adopted.
24. Ord. #5725-95 adopted.
25. Ord. #5726-95 adopted.
4
22.
23.
24.
25.
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.~26. Ord. #5727-95 - Annexation for property
, located at 1861 West Dr., Clearwater
Highlands Unit 8, Blk B, Lot 11 and abutting
r-o-w of West Dr., 0.21 acres m.o.l.
(Carroll, A94-24)
27. Ord. #5728-95 - Land Use Plan Amendment
to Residential Low for property located at
1861 West Dr.,' Clearwater Highlands Unit
B, Blk 8, Lot 11 and abutting r-o-w of West
Dr., 0.21 acres m.o.1. (Carroll, LUP94-271
, ) 28. Ord. #5729-95 - RS-8 Zoning for property
located at 1861 West Dr., Clearwater
Highlands Unit a, Blk B, Lot 11 and abutting
r-o-w of West Dr., 0.21 acres m.o.1.
(Carroll, A94-24)
29. Ord. #5730-95 - Land Use Plan Amendment
to Institutional for property located at 707
Eldridge St. and 607 & 609 Railroad Ave.,
G. L. Bidwell's Oakwood Addition, Lots 50,
51 & 60, 0.42 acres m.o.1. (Mt. Zion United
Methodist Church, LUP94-25)
30. Ord. #5731-95 - PIS? Zoning for property
located at 707 Eldridge St. and 607 & 609
Railroad Ave., G. L. Bidwell's Oakwood
C) Addition, Lots 50, 51 & 60, 0.42 acres
m.o.1. (Mt. Zion United Methodist Church,
Z94-11 )
31. Ord. #5734-95 - Annexation for property
located at 1613 & 1615 N. Betty Lane, Pine
Ridge Sub., Blk S, Lot 9 and abutting r-o-ws
of Betty Ln. & Parkwood St. (Charlie Harris,
A94-25)
32. Ord. #5735-95 - Land Use Plan Amendment
to Residential Low for property located at
1613 & 1615 N. Betty Lane, Pine Ridge
Sub., Blk S, Lot 9 and abutting right-of-
ways of Betty Lane & Parkwood St. (Charlie
Harris. LUP94-281
33. Ord. #5736~95 - Rs-a Zoning for property
located at 1613 & 1615 N. Betty Lane, Pine
Ridge Sub., Blk B, Lot 9 and abutting right~
of-ways of Betty Lane & Park wood St.
(Charlie Harris. A94-25)
34. Ord. #5737~95 - Annexation for property
located at 3131 San Mateo St., Oel Oro
Gardens Sub., Lot 11, 0.17 acres m.o.!.
{Carmichael. A94-26),
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'~1119/95 5
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26.
Ord. #5727-95 adopted.
27.
Ord. #5728-95 adopted.
28.
Ord. #5729-95 adopted.
29. Ord. #5730-95 adopted.
30. Ord. #5731-95 adopted.
31. Ord. #5734-95 adopted.
32. Ord. #5735-95 adopted.
33. Ord. #5736-95 adopted.
34. Ord. #5737-95 adopted.
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f to Residential Urban for property located at
3131 San Mateo St., Del Oro Gardens Sub.,
lot ", 0.17 acres m.o.l. (Carmichael,
lUP94-30)
36. Ord. #5739-95. RS-8 Zoning for property 36. Ord. #5739-95 adopted.
located at 31 31 San Mateo St., Delara
Gardens Sub., lot 11, 0.17 acres m.o./.
(Carmichael, A94-26)
37. Ord. #5752~95 - Vacating the westerly 2.5' 37. Ord. #5752~95 adopted.
of the east 5' utility easement lying in lot
7, Blk 59, Mandalay Sub. (Tehan/Summers,
V94-14)
38. Ord. #5754-95 - revised LDCA providing a 38. Ord. #5754-95 adopted as amended.
comprehensive revision to City's alcoholic
beverage regulations ILDCA94-1 7)
38a Ord. #5758-95 - Related to the City 38a Ord. #5758~95 adopted.
Charter, Amending Article" to provide for
appointment of Vice-Mayor as Mayor-
Commission during temporary absence of
the Mayor-Commissioner; amend provisions
relating to forfeiture of office by
Commission members; amend method for
filling Commission vacancies; removing
('>"'"'j requirement that Commission salary
.t.m~ '. increases be adopted 6 months before the
regular election; permitting any
commissioner to call a special meeting of
the Commission; deleting requirement of a
roll call vote on ordinances & resolutions;
clarifying language concerning Commission
actions; providing for a referendum election
38b Ord. #6759-95 - Related to the City 3ab Ord. #5759-95 adopted.
Charter, Requiring a referendum to transfer
or use certain city owned property for other
than city uses; providing for a referendum
election
38c Ord. #5760-95 - Related to the City 38c Ord. #5760~95 adopted.
Charter, Amending charter to extend the
time frame for completing referendum
petitions from 60 to 90 days and to
increase the time for holding an election on
a charter amendment initiated by petition
from 120 days to 1 50 days; providing for a
referendum election
U 1119/95 6
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Ord. #5761.95 - Related to the City
Charter, Amending requirement for
referendum approval of revenue bonds;
providing for a referendum election
Ord. #5762-95 - Related to the City
Charter, Amending Article IV to provide for
appointment of Legal Department staff by
the City Attorney; providing that the City
Attorney shall establish the salaries of
Assistant City Attorneys; providing
consistency in the manner of rem<>ving the
City Manager & City Attorney; requiring the
City Attorney to live in the City of
Clearwater; providing for a referendum
election
Ord. #5763.95 - Related to the City
Charter, Amending the charter by specifying
that the candidate receiving the largest
number of votes shall be elected; creating a
provision for candidate vacancy; providing
for a referendum election
388
38f
38d Ord. #5761~95 adopted.
38e Ord. #5762~95 adopted.
38f Ord. #5763-95 adopted.
"
39. - Special Items of widespread public interest - None.
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~ 40. - Ctizens to be heard re items not on the Agenda - None.
CiTY MANAGER REPORTS
CONSENT AGENDA (Items #41-44) - Approved less 41 & 42.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
41. Receipt/Referral - Land Use Plan
Amendments & Zoning Atlas Amendments
for property south of Belleair Rd.. between
Greenwood Ave. & Missouri Ave., 1601 S.
Greenwood Ave. and the vacant property
immediately to the south, 1610 S. Missouri
Ave. and the property connecting these two
parcels running behind the lots on the south
side of Belleair Rd. (Barnett Bank of Pinellas
County, Z 94-12/ 13 & 14 & LUP 94-33 &
34) (CP)
(
V. 1/19/95
41. Received & Referred.
7
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Receipt/Referral - RM-a Zoning and
Preliminary Site Plan for property located at
1550-1570Jasmine Way, Lots 7~12, Blk
A, Druid Groves, together with 1/2 of
vacated street adjacent to W side of Lot 1 2
(Clearwater Community Hospital. Z 94-15)
(CP)
Receipt/Referral - LDCA - Infill Commercial
District rezoning of several properties in the
Lakeview Road Zoning Study area (LOCA
95-02) (CP)
Receipt/Referral - LDCA - Prohibiting parking
on front lawns of single family, duplex and
triplex uses and unpaved adjacent street
right of way (lDCA 94-' 5) {CPt
43.
44.
......(
42.
Received & Referred.
OTHER ITEMS ON CITY MANAGER REPORT
45. Preliminary Site Plan and Plat for property
located on SW corner of Missouri Ave and
Belleair Rd.
and extending W to Greenwood Ave., Sec.
27-29-15, M&Bs 21.01 & 21.011, Sec. 18.
(r..;') 29-16, M&B 13.04 (Barnett Bank of Pinellas
"~If: County. PSP 94-28) (CP)
46. Preliminary Site Plan for Walgreens located
at SW corner of Belleair Rd. & Missouri
Ave.. Sec. 27-29-15, M&B 21.01
(Toulomis, PSP 94-25) (CP)
47. Preliminary Site Plan for Bayside Nursing
Pavilion located at the western portion of
existing Bayview Gardens Continuing Care
Retirement Community; authorize DRC to
approve final site plan subject to conditions
(The Morton Plant Hospital Association PSP
94-1 2B)(CP) .
48. Res. #95-10- providing for referendum to
grant authority to give ad valorem tax
exemptions should an Enterprise Zone be
approved. (ED)
49. Res. #95.8 - providing for public sale of not
to exceed $1 2.5 million Improvement
Revenue Bonds, Series 1995 to finance the
construction & other costs of the new
Police Station (FN)
V 1/19/95
45. Received. Authorized DRC to approve final
plan & plat subject to conditions.
46. Received. Authorized DRC to approve final
site plan subject to conditions.
47. Received. Authorized DRC to review the
preliminary site plan with final site plan to
return to Commission for final site plan
approval.
48. Approved. Res. #95~ 10 adopted.
49. Res. #95-08 adopted.
8
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i-l 1/19/95
51.
First Reading Ord. #5721-95 - ra Standard
Housing Code, amending Sec. 49.02 of City
Code and Sec. 103.2 of Standard Housing
Code, 1991 Edition, relating to unsafe
buildings and repealing Sees. 49.04 &
49.05 of City Code relating to notices,
public hearings and Commission action.
(CP) '.\
Sidewalk Vendor and Outdoor Cafe
Ordinance - Issues (previous ordinance re
this topic, #5658-94 withdrawn at
11/17/94) (CP)
Other Pending Matters
a) HDR Engineering, Inc. - Memorial
Causeway Bridge Feasibility Study
b) Proposed Lease for Pickles Plus Too, a
restaurant, to be located on 1 st floor of the
Harborview Center (CRA)
c) Amend contract with Rice, Williams
Associates to expand scope of service to
include transfer of ownership analysis and
to increase compensation to a maximum of
$82,000 (eM)
d) Purchase of three 1995 Chevrolet 1/4-
ton maxi-cab pickup trucks from Sunshine
Chevrolet-Oldsmobile of Tarpon Springs,
Inc., Tarpon Springs, FL. for $44.937;
financing to be provided under city's master
lease-purchase agreement with Barnett
Bank of Pinellas County (GS)
. '/.:. ::?:~
50.
Approved. Ord. #5721-95 passed 1st
reading.
52.
51.
Continued to 2/2/95.
52.
al Report received.
b) Authorized staff to negotiate lease. .
c) Approved.
d) Approved.
CITY ATTORNEY REPORTS
53. Resolutions
a} Res. #95-9 ~ Assessing property owners
the costs of mowing/clearing owners' lots
b) Res. #95-14 - Amending Res. #94-52's
Schedule of Fees for "planning related
items"; establishing a fee for appeals to the
Commission
54. Other City Attorney Item
53. a) Res. #95-09 adopted.
b) Res. #95-14 adopted.
54. None.
9
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. ,.~".J 55. 55. Approved grant of. $1 /000 to the American
Association of University Women to
sponsor conference, Girls + Math + Science
= Success.
~, 56. Commission Discussion Items 56. None.
57. Other Commission Action 57. DeeQan questioned why the Agenda has
the Pledge of Allegiance before the
Invocation. Majority agreement to reverse
the order.
58. Adjournment 58. 1 :04 a.m. (1/20/951
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CITY COMMISSION MEETING
January 19, 1995
The City Commission of the City of Clearwater met in regular session at City Hall.
Thursday, January 19, 1995 at 6:01 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Barfield
Arthur X. Deegan, II
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
Patricia Sullivan
Mayor ICommissioner
Vice-Ma yor ICommissioner
. ,
Commissioner!1
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Clerk
Board Reporter
The Mayor called the meeting to order and led the Pledge of Allegiance. The
J invocation was offered by Reverend Dennis MacAleer of Trinity P~esbyterian Church.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM 113 - Service Awards
Two service awards were presented to City employees.
Gertrude Devers, Central Permitting Department, was presented the January 1995
Employee of the Month award.
ITEM #4 - Introductions and Awards
A Citation of Appreciation was presented to David Berry for his service on the
Library Board.
Proclamation: League of Women Voters' Year - 1995.
ITEM /15 - Presentations
a) NUCOPS - Sid Klein - Postponed
ITEM 1t6 - ADoroval of Minutes
~I
mincc01d.95
1
01/19/95
Jack Alvord expressed concern regarding contamination of his well from a nearby
gasoline station. Staff to be in contact with him to address his concerns.
;~;. ~.:'.
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Commissioner Fitzgerald moved to approve the minutes of the regular meeting of
January 5, 1995, 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
Jacqueline Blango expressed concern regarding the loss of her HUD apartment in
Pinellas Park when she was bed ridden and the negative effect that action has had on her
son. She requested to be reinstated in her apartment. It was indicated she needed to
contact Pinellas County and the City of Pinellas Park.
Richard EnQuist, representing the dancers at the City Hall Annex, expressed concern
regarding the annex's closing. He requested the schedule of dances not be changed and
submitted a petition 'regarding same. Assurances were given that every effort would be
made to accommodate the dances at the Harborview Center and continue the same dance
band contracts. The dancers were advised the annex will not close until December 1995.
~
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Tom Sehlhorst reported on the Merchants' Crime Watch in the Infill Commercial
zone area. Thirty of 60 businesses are participating. He said nothing as been done
regarding the Kentuckian Motel. He noted his suggestion regarding the Police substation,
playground, and phone booths was recognized. He expressed concern regarding waiting
until June until two additional Police'Officers are' assigned to the neighborhood. He wished
the following items be addressed: 1) 100 homeless; 2) vandalism in the Fred Astaire
parking lot; 2) constant theft at Gulf Marine; 3) slow police response to problems with
juveniles at Canvas Craft; 4) broken windows at Clearwater Plumbing; 5) panhandlers and
~andalism of cars at Andy's Sports Car Center; 6) juvenile harassment at Dingy Dans; 7)
loitering at night at International Auto Mart; and 8) drug and alcohol usage and loitering at
the Quick Check Laundromat. The Mayor recommended Mr. Sehfhorst contact the Police
Department regarding these types of concerns. The City Manager indicated she would
forward a copy of Mr. Sehlhorst's comments to Chief Klein.
Bill Steohan, Chair of the Marine Advisory Board (MAS), submitted a board
resolution requesting the southern end of the old Clearwater Pass Bridge be retained as a
fishing pier. The Board agreed a hanging fish walk off the new bridge was not practical.
The Mayor questioned if a memorandum had been issued regarding this recommendation.
Assistant City Manager William Baker said staff investigated fisl1ing from the new bridge.
No plans to save the old bridge were considered. The contract for the new bridge, which
includes removal of the old bridge, has been awarded by the Florida Department of
Transportation (FOOT). Staff can see if FOOT would consider a change order to leave part
of the old bridge. He stated staff will review the suggestion and report on it.
Mayor Garvey questioned if fishing from the bridge section would be desirable. Mr.
Baker doubted the MAS would recommend a fishing pier if they did not think it offered
good fishing opportunities. Mr. Stephan noted the Coast Guard has stated the old bridge
must be destroyed. He suggested a new fishing pier built on that spot would be no less of
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a navigational hazard than the end of the old bridge. Mr. Baker said staff can review the
cost benefits if the Commission wishes staff to look into the suggestion. The Mayor
thought staff had reviewed all alternatives. Mr. Baker indicated staff had revIewed all
alternatives regarding fishing from the new bridge and said this was a new
recommendation.
Consensus was for staff to use less than eight hours to formulatd preliminary
numbers and come back to the Commission.
Scott Gaigel stated his interest in working for the City's Solid Waste Department
and his particular concern with recycling and envIronmental issues. He said he could be an
asset to the City and was willing to start at a lower wage. Mr. Geigel indicated he has a
learning disability and is interested in making Clearwater look the best it can. The Mayor
suggested Mr. Geigel submit some of his ideas and noted the City's need for volunteers.
PUBLIC HEARINGS
ITEM #8 - (Cont'd from 01/5/95) Public Hearina - FY 1993-94 COSG Grantee Performance
Reoort (ED)
Regulations established in Section 570.507 of the Community Development Block
Grant (CDBG) Act of 1974, as amended, require all program participants to forward a
performance and evaluation report to the US Department of Housing and Urban
Development (HUD). This report is due by December 31, 1994, 90 days after the end of
-"',....." the program year. The Economic Development Department has notified HUD of the delay
.........,.J in preparing the report. The Grantee Performance Report is the principal administrative
report documenting the City's expenditures of CDBG Program funds to HUD and serves as
the basis for monitoring the program for compliance and financial audits.
Economic Development Director Alan Ferri reported fiscal year (FY) 1993/94 CDBG
funds totaled more than $1.million. The Grantee Performance Report provides the City the
opportunity to say how the funds were spent and how well the City adhered to its plan.
Commissioner Thomas questioned what the City should do if Congress changes or
cancels the funding of this program. Mr. Ferri said that could result in very severe
problems for the community as these funds provide the primary capital resource for the
City to deal with homeJessness. AID's, etc. Communities throughout the country would be
affected. He reported at a recent meeting in Jacksonville. FL, HUD indicated it anticipated
reducing 60 categories and programs to three. Mr. Ferri felt it important that the public is
aware of this radical restructuring. Commissioner Thomas indicated he addressed this
topic because cities may have more burdens shifted to them. He requested Mr. Ferri
inform the Commission regarding developments.
Commissioner Deegan questIoned if the attachment of the performance report was
in its final form. Mr. Ferri said it was. Commissioner Deegan noted the report has the
Public Hearing scheduled for December 1, 1994 and requested that be updated to reflect
today's date.
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Commissioner Deegan referred to page 1 and questioned where the summary of
citizen comments was located. Mr. Ferri said no written reports were submitted. He
planned to include any public comments received tonigt1t. Commissioner Deegan indicated
the public had made many comments regarding this program during the past year. Mr.
Ferri said no comments were received regarding the Performance Report. The City
Manager questioned where Jay Elliott's comments were. Mr. Ferri indicated Mr. Elliott's
comments were inCluded in last year's report. Commissioner Deegan said comments
regarding the program have been made before the City Commission. Mr. Ferri said they
planned to include comments received tonight and had received nothing during the year.
Commissioner Deegan suggested the City Manager address this issue.
The City Manager referred to comments received from the Elliotts and others. The
Mayor questioned if those comments affect FY 1993/94. The City Manager indicated Mr.
Elliott's problems began in FY 1991/92 even though he addressed the City Commission in
FY 1993/94. Mr. Ferri indicated previous Performance Reports did include comments.
HUD had looked into the Elliott issue and had sent a letter according to their finding.
Mayor Garvey questioned what had been accomplished. Commissioner Deegan reported
HUD had required remedial steps that were made but not reported. He suggested the
Performance Report list the dates and times of public comments and how they were
addressed. He indicated he was content to let the City Manager review this matter.
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Dina Atkins requested inclusion of her remarks with the Performance Report. She
referred to a letter from Commissioner Thomas to the Charter Review Committee regarding
the Elliott issue and documents submitted regarding City officials not fulfilling their duties.
She indicated it was the City's responsibility to be certain that laws are enforced.
Johnny Long said, he had planned to attend earlier meetings that were cancelled.
Mr. Long said he employed a number of people in the N Greenwood area but did not get
adequate support from the Police Department. After three years in operation and with no
violations, he felt he was treated like a criminal. When Alan Ferri was hired, Mr. Long
requested a conference in his home. Mr. Ferri complied. Mr. Long indicated he invested
$ 300 ,000 to establish his business but coul d not get local banks to lend him m ore than
$25,000 leveraged on his investment. He noted federal law requires banks to reinvest in
their community. He noted COSG is not a handout program although it is treated as such.
He said white people do not write checks to black businesses and expressed concern that
he had not received the support he thought he deserved and requested more support from
the City, Commission and staff. He indicated First Union bank was approached to be the
lead bank for a slush fund for minority businesses. He said programs that have been
getting CDSG funds for years have not become self supporting. Private corporations are
not supportive.
Commissioner Deegan said he understood the particular problem regarding leverage.
He clarified that the City Commission offered money to the business community in N
Greenwood in a program established last year to offer matching grants of $2,500 for
rehabilitation and outright gifts of $500 to repaint. The Mayor indicated the Commission
has changed its focus on the economic development in N Greenwood. She said the
Commission has committed $150,000 for economic development besides housing renewal.
Mr. Long said that was a drop in the bucket compared to what is spent on the rest of the
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community. As a business person, he said he needed the support of the City Commission
and banks. He expressed concern regarding the banks and referred to a new program
about to be introduced by Mr. Ferri. Mr. Long said the program would not be successful
unless it made a partnership between the community and the banks. He said Mr. Ferri is
willing to work diligently and requested the Commission direct Mr. Ferri to get it done.
Commissioner Deegan said when the Community Development Corporation (COC)
was formed in N Greenwood, three banks contacted were receptive to being included.
Commissioner Deegan indicated the CDC is in abeyance until the Enterprise Zone issue is
resolved. Mr. long said he was not unfamiliar with the concept. He warned against
establishing a plan without first receiving commitments from banks. He expressed concern
regarding people trying to start businesses in these areas and having difficulty in borrowing
against their businesses.
Commissioner Berfield questioned plans far unallacated funds. Mr. Ferri said
unallocated funds from previous years were rolled over into the current FY program. The
reprogramming of those funds has already been authorized. Commissioner Berfield noted
other programs may have requested additional funding in that fiscal year. Mr. Ferri said
the federal government has strict rules regarding the handling of unexpended funds and
requires a reallocation process. Mr. Ferri said if an urgent community need was identified,
a reallocation process could be initiated. Groups whose requests were not funded all came
from the public service section which has its allocations limited. The Mayor noted the .
needs of the public service section are always greater than what can be met by the City. .
("'.)
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Commissioner Thomas questioned if criteria for the CDSG program as developed by
Congress required programs to eventually become self~supparting. Mr. Ferry indicated the
criteria did not require that although many communities have tried to establish limits.
Commissioner Thomas noted these funds should be earmarked to developing programs, not
subsidize them for life. He recommended the criteria include a requirement that programs
be capable of growing out of their dependence on COBG funds. Mr. Ferri said the point
system initiated last year requires programs to seek additional sources of funding. He
recommended continuing to fund $120,000 in annual mortgage payments.
Commissioner Thomas moved to approve the FY 1993/94 Grantee Performance
Report that documents the performance of the City's Community DevellJpment Btock Grant
Program during FY 1993/94. The motion was duly seconded and carried unanimously.
ITEM 119 . (Cont'd from 01/5/95) Alcoholic Beverage Distance Separation Variance for
property located at 1604 S..Missouri Ave., Sec. 27.29.15, M&B 21.01 & Loveland Sub.,
Lots 18~22 (Barnett Bank of Pinellas' County/Walgreens Drug & Pacl<sge Store, AB94-
10)(CP)
The applicant requests an alcoholic beverage separation variance for a new 3~PS
alcoholic beverage license designation that permits package sales of beer, wine and liquor
only. A Walgreens Drug Store, proposed tor 1604 S Missouri Ave. at the intersection of
. Belleair Road. will replace the Barnett Bank building scheduled to be razed. The variance is
required due to the proposed establishment's proximity to a church zone:
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.~ The property, zoned Commercial Center (CC), Is being rezoned General Commercial
(CG). Barnett Bank is the present owner of the property. The applicant is a contract
buyer. A Preliminary Subdivision Plan and Preliminary Site Plan were submitted for the
Commission's receipt and approval.
The subiect property is proposed to have an indoor floor area of 15,525 square
feet. A total of 2,183 square feet will be devoted to the sale of package beer, wine and
liquor. Though 14 parking spaces will be required for the alcoholic beverage sales section,
parking will not constitute any problem. For the entire retail facility, 94 parking spaces are
proposed. Trip generation analysis indicates the proposed store will have minimum impact
on Missouri Avenue. currently categorized as a "B" level of service. Proposed hours of
operation are 9:00 a.m. to 11 :00 p.rn.. Monday through Friday, and 9:00 a.m. to 9:00
p.m.. Saturday. There will no sales on Sunday.
The Police Department and other City departments made no adverse comments
concerning this' request. On December 13. 1994, the Planning & Zoning Board approved a
conditional use request to allow this use subject to the following conditions: 1) The
applicant shall obtain the requisite occupational license within six months from the date of
this public hearing; 2) The requisite building permit shall be obtained pursuant to the
certified site plan within one year from the date of this public hearing; 3) The related final
plat shall be recorded within one year from the certification date of the preliminary plat; 4)
The dumpster I compactor shall be visually screened, and gates shall be provided with a
minimum 12.foot clear opening to the front for access by Sanitation trucks; 5} A clearing
and grubbing permit and tree removal permit (or no tree verification form) shaH be required
,....,.\ prior to the issuance of a building permit; 6) A copy of the approved SWFWMD permit is to
.......1 be provided to Engineering Site Plan Review prior to the issuances of the building permit;
and 7) No building permits shall be issued until the property has been rezoned to General
Commercial.
The proposed 3.'PS facility will be located in a freestanding retail establishment with
14% of the retail center devoted to the sale of alcoholic beverages. Under proposed
changes to the alcoholic beverages regulations, this use would require a conditional use
permit because total floor area "caps" of 10% (permitted use) are exceeded.
No other establishment with an alcoholic beverage license is within 500 feet of the
proposed location. Although this establishment is within 300 feet of a church use, it is
separated by a 63-foot wide street right-of.way and landscaping on the proposed
development. Moreover, goods would be received on the south-side of the property, out
of sight from the church zone. Staff finds the request meets the standards for approval of
Section 45.24 of the City Code, if conditions established by the Planning & zoning Board in
granting the conditional use permit associated with the request are met.
Items #41, #45, and #46 were also discussed at this time.
Central Permitting Director Scott Shuford noted the first item to be discussed refers
to the request for an alcoholic beverage separation variance for a new 3.PS alcoholic
beverage license designation that permits package sales of beer, wine and liquor. Mr.
Shuford referred to an aerial view of the subject property and indicated the front parcel is
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presently zoned as a shopping center although it is not used that way. General
Commercial zoning is being proposed. Plans are to raze the Barnett bank building and erect
a Walgreens in its place. The new bank branch will be constructed south of Walgreens.
Jurisdictional Wetlands will be zoned for preservation. Neighborhood commercial zoning is
proposed for the corner of Belleair and S. Greenwood. Mr. Shuford said this development
is positive and no concurrency issues affect Missouri Avenue. The billboard, on the
property to the south, is in Largo.
An alcoholic beverage separation variance is required because a church is located
across Belleair Road from the Walgreens. The liquor store is proposed to be located at the
end of the store furthest from the church.
Commissioner Fitzgerald questioned if the preservation zone affects or changes the
zoning of the single family dwellings on Belleair. Mr. Shuford indicated there would be no
change to those residences.
Commissioner Thomas questioned which land was owned by the developer and
included in the proposal. Mr. Shuford indicated the single family dwellings are not part of
the package and will not be in the preservation zone.
, Commissioner Thomas said he had no problem with Parcels 1 & 2 but questioned
plans to rezone Parcel 3. Mr. Shuford said plans were' to zone that parcel commercial.
Commissioner Thomas questioned how the remaining property is zoned. Mr. Shuford
indicated it is now zoned RM.12.
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....,.., Commissioner Thomas questioned if this use conforms with the new ordinance
relating to alcoholic beverages. Mr. Shuford said the use would not be permitted outright
but could qualify as a conditional use. Commissioner Thomas noted if the second'reading
of the alcoholic beverage ordinance had already occurred, the Commission would not be
dealing with this issue. Mr. Shuford agreed.
Commissioner Thomas questioned if the Florida Department of Transportation
(FOOT) was involved with curb cuts, etc. Mr. Shuford said they would be involved. He
indicated staff was requesting a receipt and referrai of the plans tonight. Mayor Garvey
noted .this item contains a request for an alcoholic beverage separation variance. The
receipt and referrals provide a starting process to review the land use and preliminary site
plans. Mr. Shuford agreed the only final action requested tonight was the alcoholic
beverage separation variance. FOOT will need to address questions regarding medians,
curb cuts, etc. He expected some changes will be made to the plans.
Commissioner Thomas questioned if Wetland provisions were violated when the
Barnett Bank building was originally constructed. Mr. Shuford indicated that would be
addressed during the review.
Commissioner Berfield questioned how the change to the preservation zone will
affect houses addressed on Belleair. Mr. Shuford indicated the preservation zone will abut
their rear lot line.
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---. Tim Johnson, attorney representing Barnett Bank, indicated he was addressing Item
#9 only. He safd tha Walgreens will be built as far south on the parcel as possible. He
noted Walgreens traditionally have attached package liquor stores. The liquor store is
being located on the south end of the building away from the church. A 90-foot variance
is being requested. The building is 210 feet from the church. The Planning and Zoning
Board (P&Z) has approved the conditional use. He indicated Missouri Avenue is a major
commercial corridor and felt this was an appropriate place for this use. He indicated the
store will offer package sales only. He noted the City has encouraged redevelopment in
the area.
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Reverend Hugh Harris, Pastor of the Missouri Avenue Baptist Church, read a
resolution adopted by the church. He said there was no compelling reason for issuing a
new liquor license. He noted three alcoholic beverage outlets near the church: 1) two
streets to the north; 2) three streets to the south; and 3) across the street from the church.
He expressed concern the liquor store will cause increased traffic at the intersection which
is already noted for wrecks. He said there is no redeeming quality to this business and felt
the liquor store will add to the church's burden to aid the community. The church is not
opposed to other business enterprises but is opposed to a liquor store.
Leroy Knackstedt said he lives across the street from the proposed development.
He expressed concern that people who buy liquor in the neighborhood drop their empty
containers in his yard. He opposed the liquor store.
John Fleenor said he is a minister of the gospel. He said laws were made to protect
things and felt a 90-foot variance is uncalled for. He said many things happen in the area
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'.~) at night and the Police are often there. He opposed the liquor store.
Commissioner Deegan referred to the cover item and noted it indicated no alcoholic
beverage store was within 500 feet of this proposed use. Mr. Shuford agreed a store
across the street is within 500 feet of the church although separated by a 1 OO.foot right~
of~way. Mr. Johnson said a Pick Kwik is located across the street. He noted these are
difficult issues and indicated people have sincerely held beliefs. He indicated only 14% of
the store's floor space would be dedicated to the sale of alcoholic beverages. He felt
Walgreens has done as much as it can to shield this use from the ctlurch including
installing landscape buffering on the property's north end. He reiterated that Missouri
Avenue is a highly commercial corridor.
Commissioner Berfield noted under the new alcoholic beverage ordinance, a
conditional use permit is required for businesses dedicating more than 10% of their floor
space to this use. Mr. Shuford said the ordinance will require businesses to obtain a
conditional use permit if between 10% and 15 % of their floor space is dedicated to the
sale of alcoholic beverages. Mayor Garvey questioned if P&Z had approved the conditional
use permit. Mr. Shuford indicated they had.
Commissioner Berfield questioned if the approval can be tied to Walgreens only.
The City Attorney indicated the City could not specify Walgreens but the approval would
be tied to conditions established by the P&Z. Mr. Shuford said if Walgreens does not
develop the property, the development cannot meet the established conditions and will
need to start over.
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'""'""'. Commissioner Berfield said she could not support the requesl. She said the 300-
foot separation distance was established for a reason.
Commissioner Deegan questioned how staff could consider the 63-foot rigI1t-of-way
separating the church from the development as a special circumstance. Mr. Shuford
agreed that reason was weal<. He noted the design of the site does provide an added area
of removal between the two uses. The Mayor felt the developer had done more than
necessary to separate the liquor store from the church. Mr. Shuford said that was for the
Commission to determine. He noted the proposed development is for a Walgreens, not a
convenience store or liquor store.
Commissioner Thomas moved to approve a variance of 90 feet to allow alcoholic
beverage sales 210 feet from a church zone for Section 27-29-15, M&B 21-01 and
Loveland Subdivision, Lots 18-22. The motion was duly seconded. Commissioners
Fitzgerald and Thomas and Mayor Garvey voted "Aye"; Commissioners Berfield and
Deegan voted "Nay." Motion carried.
ITEM #10 - (Cont'd from 01/5/95) Variance(s) to SiQn Requlations for property located at
2290 Gulf to Bay Blvd., Sec. 18-29-16, M&8 23.19 (West Bay Foods, Inc./Wendy's,
SV94-40HCP)
The applicant requests three variances: 1) a variance of one menu sign to permit
two menu signs; 2) an area variance of 9.06 square feet from the permitted 24 square
feet; and 3) a height variance of 1.2 feet from the permitted 6 feet.
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The property, west of Landry AVe. on the north side of Gulf-to~Bay Blvd., is zoned
General Commercial. The variance is requested to permit the two existing menu signs to
remain.
Senior Planner John Richter indicated while one menu sign per lane is allowed, two
menu signs on one lane exist. When the property was surveyed for sign compliance, the
owner was notified that the one existing menu was too large. Moving the sign did not
correct the violation. Mr. Richter indicated no special circumstances support approval and
staff recommends denial.
Todd Pressman, representative for the applicant, verified pictures of the property
presented him by Mr. Richter. Mr. Pressman was accompanied by Butch Jackson.
representative of the sign company and Mr. DeSoto, the restaurant's general manager. He
indicated there was miscommunication regarding the signs and the City's enforcement
officer had identified this solution. Mr. Pressman said many circumstances are unique to
this site. He noted the menu board is located at the mid-section of the property
immediately before the drive-thru turns 180 degrees where customers can no longer view
the information when ordering. He indicated another difficulty results from cars entering
the drive-thru from other directions. If customers can see all the information and order
quickly, the cars move through the line quicker. Mr. Pressman said the signs work well as
they are. He indicated the applicant is not asking for a whole lot. The sign is invisible
from Gulf-to-Bay Blvd.
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Commissioner Thomas questioned if the height variance was granted, could the
square footage of the sign be reduced for a reasonabl~ cost. Butch Jackson indicated that
would not be practical. Commissioner Thomas questioned if the restaurant was asking to
keep both signs. Mr. Pressman indicated they were.
Bill Zinzow congratulated the City Commission and the City for doing a great job
with the sign ordinance. He said there was no reason some merchants agree to conform
while others want exceptions. He recommended the request be denied.
Mr. Pressman said the restaurant has conformed with the sign ordinance. He said
they are only have a minor request regarding a sign invisible from Gulf-to-Say. Mr.
Jackson stated the height of the sign in front of the store had been reduced and the strip
along the top of the menu board was removed. He said he had met with the Code
Enforcement Officer on site and this is the only problem sign remaining.
Commissioner Berfield questioned if the applicant had received a sign permit to
install the sign in question. Mr. Richter said code requires a permit for the sign. Had one
been requested, it would have been denied. Mr. Pressman said in the discussion with City
staff, he thought this sign was judged to be a directional sign and did not require a permit.
Commissioner Berfield moved to deny the following variances: 1) a variance of one
menu sign to permit two menu signs; 2) an area variance of 9.06 square feet from the
permitted 24 square feet; and 3) a height variance of 1.2 feet from the permitted 6 feet for
failure to meet Sec. 45.24 Standards for Approval, items (11 -(41. The motion was duly
,'> "', seconded and carried unanimously.
~"'7~r' J
ITEM 1111 - (Cont/d from 01/5/95) Variancelsl to Sign ReQulations for property located at
1835 N. Highland Ave., Sec. 2-29-15. M&B 31.04 (McClintock/Shanghai Express, SV95~
01 HCP)
The applicant requested three variances: 11 a height variance of 4.3 feet from the
permitted 20 feet; 2) a variance of one message panel from the permitted two message
panels; and 3) a setback variance of five feet from the required five feet to allow a
freestanding sign zero feet from the Highland Avenue right-of-way.
The subject property on Highland Avenue's east side is north of Greenlea Street and
zoned Commercial Center. The variance is requested to permit the existing freestanding
sign to remain.
Mr. Richter said no special circumstances exist to allow the requested height or
extra message panel. He noted the third panel is rarely used and recommended the
Commission deny the request for these two variances.
Mr. Richter referred to the setback variance request and noted the cost of relocation
outweighed the public benefit and recommended this variance be approved.
Enrique large\, representative for the applicant, verified pictures of the property
presented him by Mr. Richter. Mr. Largel said the variances are being requested because
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Commissioner Fitzgerald referred to the third message board and questioned if it is
ever used. Mr. Largel indicated the owners had removed the lettering. The Mayor noted
her agreement with staff's recommendation.
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the sign, built 28 years ago, is very strong. He agreed one message panel can ~,e
removed. He felt the sign has never bothered anybody and noted the cola sign on the top
was previously removed.
Commissioner Deegan questioned how large the sign is. Mr. Largel indicated the
top sign is 24 square feet. Commissioner Deegan noted no one is complaining regarding
the overall size of the sign which can be 150 square feet. He felt the sign's size was so
far below the permitted square footage that he had no problem with permitting the
additional message panel. The Mayor disagreed and said th~t made the sign aesthetically
d is pi easing.
Commissioner Thomas questioned if the pole could be cut and the sign lowered.
Mr. Largel agreed that was possible.
Commissioner Fitzgerald moved to,denv the following variances: 1) a height
variance of 4.3 feet from the permitted 20 feet to allow a 24.3 foot high freestanding sign
and 2' a variance of one message panel from the permitted two message panes to allow a .
freestanding sign with three message panels for failure to meet Sec. 45.24 Standards for
Apprpval. Items 1-4 and aonrove a setback variance of five feet from the required five feet
to allow a freestanding sign zero feet from the Highland Avenue right.of-way, on property
~~.~ identified as Sec. 2~29~15, M&B 31.04, for meeting Sec. 45.24 Standards for Approval,
i-!~tl Items 1 - 4, subject to the following conditions: By maintaining a sign within the street
setback pursuant to this variance, the owner and appiicant agree that no governmental
agency shall be liable for the cost of relocating or removing the sign in the event the
property is acquired by eminent domain for road widening or any other public purpose.
The motion was duly seconded and carried unanimously.
The Commission recessed from 8:32 to 8:45 p.m.
,
ITEM #12 - (Cont'd from 01/5/951 Variance{sl to Sign ReauJations for property located at
1264-1274 Cleveland St., Padgett's Estates Sub., Lot 18 & part of Lot 19, and Moore,
property of A.J. Sub., Lots 28-31 (Baluiwala/Big Apple Family Restaurant/Economy Inn,
SV95w02)(CP)
The applicant requests three variances: 11 a variance of one freestanding sign; 2~ an
area variance of 21.9 square feet; and 3) a setback variance of five feet to allow a
freestanding sign zero feet from the Cleveland Street right-at-way.
The subject property, on the northwest corner of Cleveland Street and N Betty
Lane, is zoned Urban Center (Eastern Corridor). The variances are requested to permit the
existing freestanding signs to remain.
With an area of 21.8 square feet and height of 14.8 feet. the restaurant sign is
modestly proportioned. Upon striking a balance between the cost to remove the sign and
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the public benefit derived from removal. it is staff's position that the cost would weigh
heavy in comparison to the benefit.
Mr. Richter indicated the Economy Inn and the restaurant share the property and
both have freestandIng signs. The sign for the Economy Inn, run by the property owners,
substantially complies with code. The restaurant, which is leased, needs a sign.
Jerry Cobb, representative for the applicant, verified pictures of the property
presented him by Mr. Richter. He said the conditions for approval recommended by staff
are acceptable. Commissioner Berfield questioned If the owners understood the conditions.
Mr. Cobb indicated they do.
Commissioner Thomas moved to approve the following variances: 11 a variance of
one freestanding sign to permit two freestanding signs; 2) an area variance of 21.9 square
feet from the permitted 64 square feet to allow two freestanding signs with a cumulative
area of 85.9 square feet; and 3) a setback variance of five feet to allow a freestanding sign
zero feet from the Cleveland Street right-of-way on property identified as Lot 18 and part
of Lot 19, Padgett's Estates Subdivision, together with Lots 28-31, Moore, property of A J
Subdivision. for meeting Sec. 45.24 Standards for Approval, Items 1- 4, subject to the
following conditions: a) By maintaining a sign within the street setback pursuant to this
variance, the owner and applicant agree that no governmental agency shall be liable for the
cost of relocating or removing the sign in the event the property is acquired by eminent
domain tor road widening or any other public purpose and b) The restaurant sign shall not
be enlarged or heightened. The motion was duly seconded and carried unanimously.
...,..,.1 ITEM #13 - Variance(s} to SiQn ReQulations for property located at 473 East Sho~e Dr.,
Lots 6 & 7, Blk. C, Replat of Blk A, Clearwater Beach Park First Addition (Day/East Shore
Resort Motel, 5V95-03HCP)
The applicant is requesting a variance to permit a freestanding sign with an area of
19 square feet, a height of 13.2 feet, and with zero setback from the East Shore Drive
right-ot-way, in a 20ne where freestanding signs are not permitted unless a minimum 15-
foot building setback exists. The subject property, south of Baymant Street on the east
side of East Shore Drive, is zoned Beach Commercial. The variance is requested to permit
the existing freestanding sign to remain.
It is staff's position that special circumstances exist that support the granting of
this variance. The freestanding sign is the only sign identifying this motel and there are
not attached signs. The sign is modestly proportioned. The 18 square foot area and 13.2
foot height are considerably less than is allowed in this 20ne for properties that meet the
building setback stipulation.
William Day, owner, verified pictures of the property presented him by Mr. Richter
and indicated he was familiar with the recommended conditions.
Commissioner Barfield moved to approve a variance to permit a freestanding sign
with an area of 18 square feet, a height of 13.2 feet, and with no setback from the East
Shore Drive right-of-way, in a zone where freestanding signs are not permitted unless a
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minimum 15-foot building setback exists. on property identified as Lots 6 & 7, Block C,
Replat of Block A, Clearwater Beach Park First Addition. for meeting Sec. 45.24 Standards
for Approval. Items 1- 4. subject to the following conditions: al By maintaining a sign
within the street setback pursuant to this variance. the owner and applicant agree that no
governmental agency shall be liable for the cost of relocating or removing the sign in the
event the property is acquired by eminent domain for road widening or any other public
purpose; b) The sign shall not be enlarged or heightened; and c~ No attached signs shall be
permitted. The motion was duly seconded and carried unanimously.
ITEM #14 - Variance's) to Sign Regulations for property located at 19 Somerset St.; Lot 6,
Blk. 2. Clearwater Beach Sub. (McCracl<en Apartments-Motel. SV95-04)(CP)
The applicant is requesting a variance to permit a freestanding sign with an area of
6.2 square feet. a height of 10 feet, and with no setback from the Somerset Street right-
of-way, in a zone where freestanding signs are not permitted.
The subject property is located west of Mandalay Avenue on the south side of
Somerset Street and is zoned Multiple Family Residential 20. Within residential zones,
freestanding signs are allowed only for conforming uses and only to identify subdivision or
property entrances. This sign, identifying the McCracken Apartments-Motel, is a
nonconforming use. The variance is requested to permit the existing freestanding sign to
remain.
Special circumstances applicable to this property support granting the requested
"""', variance. The sign is modestly proportioned and is in scale and character with existing
I I
......oi'. development in this neighborhood. Conforming uses Bre allowed freestanding signs in this
zone. It would be inequitable to require that the freestanding sign be removed for this use
when a residential use would be allowed a freestanding sign by right. Staff has in draft
form a code amendment that, if approved. will allow a 24 square foot freestanding sign as
a nonconforming use in residential zones.
Adelheid Hanghofer, owner, verified pictures of the property presented her by Mr.
Richter.
Commissioner Fitzgerald moved to approve a variance to permit a freestanding sign
with an area of 6.2 square feet. a height of 10 feet. and with no setback from the
Somerset Street right-of~way, in a zone where freestanding signs are not permitted on
property identified as Lot 6, block 2, Clearwater Beach Suhdivision. for meeting Sec. 45.24
Standards for Approval. Items 1.4. subject to the fOllowing conditions: a) By maintaining a
sign within the street setback pursuant to this variance, the owner and applicant agree that
no governmental agency shall be liable for the cost of relocating or removing the sign in
the event tre property is acquired by eminent domain for road widening or any other public
purpose; b) The sign shall not be enlarged or heightened; and c) No attached signs shall be
permitted. The motion was duly seconded and carried unanimously.
ITEM #15 - Variance(s) to SiQn Regulations for property located at 880 Mandalay Ave.,
Mandalay. Blk. 21, Tract 1 and 1A. also 2 & 2A, 3 & 3A. 4 & 4A. & 5A of unplatted Blk.
21 and riparian rights (Mandalay Shore Apartments, SV95.05)(CP)
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.....,. The applicant is requesting the following variances: 1 ~ an area variance for two
entrance signs of 66 square feet each from the permitted 24 square feet to allow 90
square feet each; 2) a height variance of 4.8 feet from the permitted 6 feet to allow two
entrance signs 10.8 feet high; and 3~ an area variance of 37 square feet from the
permitted 6 square feet to allow a real estate sign with an area of 43 square feet, including
14.4 square feet devoted to identification of nonconforming uses.
The subject property is bounded on the north and south by Eldorado Avenue, on the
east by MandaJay Avenue, and on the west by the Gulf and is zoned M.ultiple Family
Residential 28. The variance is requested to permit the existing entrance signs and real
estate sign to remain.
Each of the f3ntrance signs has an area of 90 square feet and a height of 10.8 feet.
The 90 square foot area is more than three times the code allowance. No special
circumstances warrant approval of a variance to this extent. The message on the signs is
made by attaching characters to the concrete block structure. The area of the signs could
be modified to conform by replacing existing characters with smaller ones, It would be
difficult to lower the signs' height given the concrete block construction and rock border.
It is staff's position that the public benefit derived from a lower sign is minimal in
comparison to the hardship to the applicant to modify the sign's height.
The third sign has been classified as a real estate sign because it has a prominent
red arrow containing the words "Now Leasing." The sign also identifies the name and
address of the property and advertises the two commercial uses located on this property.
,..'~..') The maximum area for a real estate sign is six square feet; this sign is 43 square feet.
""'1'< Despite the substantial overage in area, it is staff's position that strict enforcement is not
warranted because the sign is critically situated to identify the property's name and
address and serves as the property's primary identification. Without a variance, the most
identification that CQuld be placed in this location is' an eight square foot address sign.
Staff has drafted a code amendment that proposes allowing a 24 square foot freestanding
sign for residentially-zoned properties that contain a nonconforming use. Jf the code
amendment is approved. the applicant could place a 24 square foot sign to advertise the
nonconforming uses, a six square foot real estate sign, and an eigl1t foot square foot
address sign. or a total of three signs cumulatively containing an area of 38 square feet.
Staff recommends approval of this variance be conditioned with a restriction against
placing any additional real estate signs or additional signs advertising the nonconforming
uses.
Mr. Richter referred to the entrance signs and said there was no reason to grant an
area variance for the entire signs, He recommended reducing the size of the lettering.
Todd Pressman, representative for the applicant. said three signs are being
addressed. He noted that staff recommended approval of the critical "real estate" sign.
Mr. Pressman referred to the uniqueness of the site and its location on a traffic
circle. He said the two entrance signs are stylish and not gaudy or imposing. He noted
each of the propertyis large number of entrances qualifies for a 24 square foot side on
each side, A generous allowance for attached signage also is not used,
l~
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~..... Commissioner Thomas wished to depart from staff's recommendation. He felt 11880
Mandalayll is an address and should not be counted as signage. He said the sign was
similar to one approved for the Cypress Point Shopping Center. He indicated the building
would suffer without the IIreal esta te" sign because of the large turn over of occupancy.
He felt the signs are not ostentatious. The building is has too few signs I not too many.
Mayor Garvey said she supports staff recommendation and noted the apartment
building is in the middle of a residential area.
II
Commissioner Deegan said Mr. Pressman explained the signage and compared it
with the size of the propertY and building. He noted staff recommended approval of the
IIreal estate" sign and the entrance sign structures. He questioned why the size of the
letters on those structures should be reduced in light of fact that the facility could have
much more signage than it already does. .
Commissioner Deegan moved to approve the following variances: 1} an area
variance for two entrance signs of 66 square feet each from the permitted 24 square feet
to allow 90 square feet each; 2) a height variance of 4.8 feet from the permitted 6 feet to
allow two entrance signs 10.8 feet high; and 3) an area variance of 37 square feet from
the permitted 6 square feet to allow a real estate sign with an area of 43 square feet,
including 14.4 square feet devoted to identification of nonconforming uses on property
identified as Mandalay, Block 21, Tract 1 and 1 A, also 2 and 2A, 3 and 3A, 4 and 4A. and
SA of unplatted Block 21 and riparian rights, for meeting Sec. 45.24 Standards for
Approval. Items ,~ 4, subject to the following condition: There shall be neither any
additional real estate signs nor any additional freestanding signs for the nonconforming
uses. The motion was duly seconded.
The Mayor reiterated that the development is in the middle of a residential area.
Commissioner Barfield noted the signs face inward, not out. She felt putting "880" on top
of the building would be more distracting.
Upon the vate being taken. Commissioners Barfield. Fitzgerald. Deegan and Thomas
voted /lAye"; Mayor Garvey voted "Nay.1I Motion carried.
ITEM # 16 ~ Variance(s) to Sign Regulations for property located at 467 MandaJay Ave.,
Clearwater Beach Park 1 st Addition, Blk. B. N 15' of Lot 26 & all of Lots 27-31. &
Clearwater Beach Park 1 st Addition Replatl 81k. A, Lots 9 & 10 & vacated alley (JEC
Funding. lnc./Eckerd Orugsl SV95-06HCP)
Mr. Richter indicated the applicanC-s attorney requested this item be continued.
Commissioner Berfield moved to continue this item until March 2. 1995. The
motion was duly seconded.
Ed Armstrong. representative for the applicantl confirmed the request that this item
be continued.
Upon the vote being taken. the motion carried unanimously.
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ITEM #17. Variance(s) to ~ign Requlations for property located at 2430 Gulf to Bay Blvd.,
Sec. 18-29-16, M&B 13.04 (Alan Rophie, Ralph Rophie, Cecella Betech, and Cheryl Cohen,
SV 95-07) lCP) .
The applicants are requesting a height variance of 5.7 feet from the permitted 20
feet to allow a freestanding sign 25.7 feet high. The subject property I on the northwest
corner of Gulf-to-Bay Blvd. and Kilmer Avenue, is zoned General Commercial. The variance
is requested to allow the existing sign to remain.
The 2nd Chance freestanding sign is relatively new. It was issued a sign permit on
July 6, 1994. When the sign was inspected on October 17, 1994, it was'observed that
the sign exceeds the allowable 20-foot height limit. The sign stands 25.7 feet tall. This
occurred due to an apparent miscommunication between City staff and the applicants' sign
contractor during the permitting process. The sign contractor submitted a drawing
indicated a vertical dimension of 20 feet. Staff interpreted this as the overall height of the
sign. However, the 20-foot dimension was to the top of the upper sign panel, not the top
of the sign structure.
Staff recommends that a variance of 0.7 foot be authorized. This would cause
removal of the structure that extends above the upper panel, but would allow the upper
panel to remain intact at a height of 20.7 feet.
I".....'
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David Albers. owner of the business, verified pictures of the property presented him
by Mr. Richter. He said the engineering drawing submitted for the permit shows the sign
would be 24.1 feet tall. He indicated when he contracted with tl'1e sign company for the
sign he trusted them to obtain the proper permits. He indicated it was never his intent to
go against what is allowed by code. He noted the City approved the permit based on his
submitted drawing. Mr. Richter said the permit was issued based on the drawing
submitted to the City. Mr. Albers said the additional 4.1 feet is clearly shown on the
drawing. Had staff said anything about tht;} design at that time, he would have complied.
Commissioner Thomas said this was a result of an error on staff's part. He felt the
top tip of the sign was architecturally important. He said he could not support forcing the
business to make the changes. Mayor Garvey said she agreed somewhat but did not feel
the top was an integral part of the sign.
Commissioner Deegan said the neon on the sign should also be discussed. He said
some feel the lighting of a sign with neon should result in the whole structure being
considered a part of the sign. He agreed with Commissioner Thomas' observation that
others should not pay if the City mode a mistake. He noted that is not an excuse to
disregard the code. Mr. Albers said he has been in business with his franchise for eight
months and tile sign was very expensive.
Bill Zinzow said he was delighted the Commission was addressing this type of
signage. He noted the structure is much larger than the actual sign and neon frames the
sign's perimeters. He agreed staff erred when approving the permit but did not agree the
sign should remain.
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Margaret Mills said she lives behind the business which is an eyesore. She felt this
is the most run down property on Gulf to Bay'Boulevard. She listed several suggestions
for improvement to the property and requested they be made conditions of approval. She
said the neighborhood bears the burden of having this property at the entrance to their'
neighborhood. She said it would benefit the neighborhood ,to have them clean up this
mess.
, Katherine Roberts said she lives behind the subject property and the business' two
garbage bins sit across from her front door. She indicated she had no problem with the
sign. She said she has lived there for 15 years but the property has only deteriorated into
this condition in the past six months. She complained that wrecked autos are scattered
across the back of the lot. She requested a wall be erected to change the view from her
front door.
Mr. Albers said he subleases the front of the property while Lokey occupies and
maintains the back of the property. He said he has invested $20,000 in the building where
his business is located. He said it will be a showcase when he has the money. He is a
year.round member of the community and takes pride in his business.
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Commissioner Thomas questioned the length of the original sign amortization
period. Mr. Richter indicated seven years. Commissioner Thomas noted the business is
young and the mistake was not Mr. Alber's doing. He indicated the Commission is
beginning to review neon as part of signage and recommended turning off any neon above
the 20-foot level and granting a three.year amortization schedule. Mr. Albers said he had
no problem with that amortization schedule. He indicated the point, above the 20-foot
mark, does not have neon.
Commissioner Deegan said the problem with the sign structure is the massive base.
He felt cutting off the top does nothing to address this concern. Mr. Richter said staff
made that recommendation so all business on Gulf to Bay were on an equal footing.
Commissioner Deegan indicated he would prefer the sign structurally remain the way it is
with the neon removed. Mayor Garvey expressed concern this would not accomplish what
the Commission wanted. She Questioned if the Commission can force the business to turn
off the neon. Mr. Albers said he will turn off the neon.
Commissioner Deegan moved to approve a height variance of 5.7 feet from the
permittl:!d 20 feet to allow a freestanding sign 25.7 feet high on property identified as Sec.
18-29-16,'M&B 13.04. The motion was duly seconded. Commissioners Berfield,
Fitzgerald, Deegan and Thomas voted "Aye"; Mayor Garvey voted "Nay." Motion carried.
Commissioner Barfield requested the problems brought up by the neighbors be
addressed and that staff review requirements put on Lokey to see if they are being
satisfied. Mr. Albers said he will do what he can to help.
ITEM 1/18 - Public Hearing & First Readinq Ord. #5713-95 - LDCA re neon lighting,
illuminated area of signs & sign bases (LDCA94~24)(CP)
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Commissioner Thomas requested a 30-day continuation of this item because he had
not received input from the Development Code Adjustment Board {DCAB}. The City
Manager indicated a memorandum was issued. Mr. Shuford reported that DCAB had
recommended approval of the proposed ordinance.
Mayor Garvey said once the process starts, staff must hold applications contrary to
this ordinance. Commissioner Thomas questioned if the clock stops once staff prepares an
ordinance. The City Attorney indicated said, according to case law regarding pending
ordinances. a City can refrain from issuing permits based on that ordinance. She did not
recommend this law be used casually. Commissioner Deegan thought the City could not
use a pending ordinance. The City Manager said the City could use a pending ordinance to
deny a permit. Commissioner Berfield questioned if that law applies to variances, too. The
City Attorney said the City could stop granting permits pending adoption, in the nature of a
moratorium. She recommended caution in its use.
Commissioner Thomas said he wished to continue this item for 30 days to review
the minutes and conflicting opinions of DCAB and the Planning & Zoning Board (P&Z).
Mayor Garvey referred to Mr. Zinzow's concern that these items are enforced
retroactively. The City Attorney said the City could institute an amortization schedule.
Commissioner Thomas moved to continue this item for thirty days until February
16, 1995. The motion was duly seconded and carried unanimously.
"\
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ITEM #19 - Public Hearing & First Reading Ord. 5755-95 - LDCA re outdoor retail sales,
displays, and/or storage in the Beach Commercial and Resort Commercial zoning districts
(LDCAHCP)
Staff has received a request from Jerry Miller to establish a car rental operation on
Clearwater Beach. None of the zoning districts on Clearwater Beach currently permits car
rental operations. The City regulates car rentals under the use category of outdoor retail
sales, displays, and storage. Existing car rental operations on the beach were established
before current land development code requirements.
Given the tourist nature of Clearwater beach, staff feels the use is appropriate. Mr.
Shuford said the P&Z has recommended approval of this proposal.
Commissioner Thomas noted when the Commission addressed this earlier, he had
indicated he wanted rent-a-heap type businesses prohibited and only standard new cars
permitted. Mr. Shuford said he addressed that recommendation with the City Attorney
who indicated the City could not be that specific regarding the types of vehicles but could
address appearance issues.
Commissioner Thomas referred to Sec. 41.053(23)(a) "t!le outdoor use shall not
adversely affect the community appearance objectives of the City; in particular I the items
displayed in the outdoor use shall be compatible with the surrounding land uses in scale
and appearance." He felt the language is very subjective. The City Attorney indicated she
could not find the ability to limit rentals to new cars. Commissioner Thomas reiterated his
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concern that the language ;s subjective. The City Attorney said the compatibility issue is
something people are familiar with judging.
Commissioner Thomas said car re,'tals on Clearwater beach would be inappropriate
because they would be uncontrollable in this small community with its limited real estate.
Mayor Garvey questioned if this would require visitors to obtain rental cars at the airport.
Commissioner Thomas noted rental cars are available Downtown.
Commissioner Fitzgerald questioned if the proposal would create parking problems
on the beach. Mr. Shuford indicated an applicant would have to get a conditional use
permit at which time all site issues would be reviewed. Mr. Shuford noted car rental is a
tourist business. Commissioner Fitzgerald Questioned if anything addresses why this is not
permitted. Mr. Shuford said nothing addresses this issue. He noted the general trend is to
allow a wider range of uses with appropriate controls in place. Commissioner Fitzgerald
agreed with Commissioner Thomas that there is a relatively constricted area on Clearwater
beach and the number of vehicles there already is a problem. He said he did not support
the suggestion the first time it was discussed.
<:)
Commissioner Deegan agreed with Mr. Shuford's reasoning. He said the beach is a
resort area where tourists expect to find rental cars within walking distance, not miles
away. As this is an amenity tourists expect, he felt this type of business made as much
sense for the beach as anywhere. He said the business would only require four or five
parking spaces. Commissioner Deegan recommended reducing the size of parking spaces
to increase their number.
Commissioner Deegan moved to approve the code amendment concerning car rental
operations in the Beach Commercial and Resort Commercial 28 zoning districts. There was
no second.
Commissioner Thomas moved to deny the code amendment concerning car rental
operations in the Beach Commercial and Resort Commercial 28 zoning districts. The
motion was duly seconded. Commissioners Fitzgerald. Berfield and Tllomas voted "Aye";
Commissioner Deegan and Mayor Garvey voted "Nay." Motion carried.
Commissioner Deegan moved to tl18t Commission Thomas explain to Jerry Miller
why this item was denied. The motion was duly seconded and carried unanimously.
ITEM 1120 - (Cont'd from 11/1 7{94) Public Hearina & First Reading Ord. 115683-95 - LDCA
ra Wetland Area Setbacks (Amending Sec. 42.28 to require vegetative buffer setbacks
adjacent to "Jurisdictional Wetlands" under jurisdiction of the State of Florida)(LDCA 94-
21 HCP)
Commissioner Berfield mo:ved to continue this item until February 16, 1995. The
modon was duly seconded and carried unanimously.
Public HearinQ - Second Reading Ordinances
,...,)
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The City Attorney presented Ordinance #5722-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5722-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
~:'~/..,.
ITEM #21 - Ord. #5722.95 - PTQPosed chanoes to the adoPted Parl< Place DevefoDment of
Regional tmDact Development Order, revise development phasing from 1 phase with 3
subphases to 1 phase with no subphases; decrease office development by 7,400 sq. ft.;
extend date of development build-out from 1996 to 2000; & 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)
(Storz Ophthalmics, Inc./Building Operation Holding Co.)
On January 5, 1995, the City Commission passed Ordinance #5722-95 on first
reading. Staff has corrected the dates of the associated transportation improvements. The
Development Order has been modified to reflect the correct dates of road construction
activity, as determined by the City Engineer.
Commissioner Thomas moved to approve the request for a Notice of Proposed
Change (NOPC) to the already approved Park Place Development Order and authorize staff
to proceed with the intergovernmental coordination of this item with the Florida
Department of Community Affairs (DCA). The motion was duly seconded and carried
unanimously.
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
\.~.)
"Nays": None.
Commissioner Thomas questioned the slight modifications. The City Attorney
indicated the ordinance was amended atter first reading to correct typos.
ITEM #22 - Ord. # 5723-95 - Revision to City 0 rdinance 2.474. Police Officers Pension
Plan, to comply with state and IRS requirements
The City Attorney presented Ordinance 115723-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5723-95 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
II A yes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1123 - Ord. #5724-95 - Annexation for property located at 3137 San Mateo St., Del
Oro Gardens Sub.. Lot 10, 0.17 acres m.o.l. (Ottaviano, A94-23)
The City Attorney presented Ordinance #5724-95 for secondJreading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5724-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
~....,I
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nAyesn: Fitzgerald. Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #24 - Ord. #5725-95 - land Use Plan Amendment to Residential Urban for property
located at 3137 San Mateo St., DelOra Gardens Sub., lot 10,0,17 acres m.o.1.
(Ottaviano. LUP94-26)
The City Attorney presented Ordinance #5725-95 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5725-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
lOAyes": Fitzgerald, Berfield. Deegan, Thomas and Garvey.
"Nays": None.
ITEM #25 - Or~. #5726-95 - RS-8 Zoning for property located at 3137 San Mateo St., Del
Oro Gardens Sub., lot 10, 0.17 acres m.o.!. (Ottaviano, A94-23)
The City Attorney presented Ordinance #5726-95 for second reading nnd read it by
title onlv. Commissioner Berfield moved to pass and adopt Ordinance #5726-95 on second
, and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield. Deegan. Thomas and Garvey.
<J
"Nays": None.
ITEM #26 -Ord. #5727-95 - Annexation for property located at 1861 West Dr.. Clearwater
Highlands Unit B. Blk. B, Lot 11 and abutting r.o-w of West Dr.. 0.21 acres m.o.l. (Carroll.
A94-24) ,
The City Attorney presented Ordinance #5727-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 115727-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes"; Fitzgerald, Berfield, Deegan. Thomas and Garvey.
"Nays": None.
ITEM #27 - Ord. #5728.95. land Use Plan Amendment to Residential Low for property
located at 1861 West Dr., Clearwater Highlands Unit Bt Blk. S, Lot 11 and abutting r-o.w
of West Dr., 0.21 acres m.o.l. (Carroll. lUP94-27)
The City Attorney presented Ordinance #5728-95 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 115728-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Aves": Fitzgerald, Berfield, Deegan, Thomas and Garvey.,
"Nays": None.
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ITEM #28 - Ord. #5729~95 - RS~8 Zoning for property located at 1861 Wast Dr.,
Clearwater Highlands Unit B, Blk. S, Lot 11 and abutting r-o-w of West Dr., 0.21 acres
m.o.1. (Carroll, A94-24)
The City Attorney presented Ordinance #5729~95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5729-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1129 - Ord. #5730-95 - Land Use Plan Amendment to Institutional for property
located at 707 Eldridge St. and 607 & 609 Railroad Ave., G. L. Bidwell's Oakwood
Addition, Lots 50,.51 & 60,0.42 acres m.o.1. (Mt. Zion United Methodist Church, LUP94-
25)
The City Attorney presented Ordinance #5730-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5730-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
tlAyestl: Fitzgerald, Berfleld, Deegan, Thomas and Garvey.
ItNays": None.
..,.....t.tI~
1,_) ITEM #30 - Ord. #5731-95 - P/5P Zoning for property located at 707 Eldridge 51. and 607
& 609 Railroad Ave., G. L. Bidwell's Oakwood Addition, Lots 50, 51 & 60, 0.42 acres
m.o.1. (Mt. Zion United Methodist Church, Z94-11 )
The City Attorney presented Ordinance #5731-95 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 1/5731-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
ltNays": None.
ITEM #31 - Ord. #5734-95 - Annexation for property located at 1613 & 1615 N. Betty
Lane, Pine Ridge Sub., Blk. 8, Lot 9 and abutting r-o-ws of Betty Ln. & Parkwood St.
(Charlie Harris, A94-25)
The City Attorney presented Ordinance #5734-95 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5734-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
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"Nays"; None.
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ITEM 1132 - Ord. #5735-95 - Land Use Plan Amendment to Residential Low for property
located at 1613 & 1615 N. Betty Lane. Pine Ridge Sub., Blk. B, Lot 9 and abutting right-of-
ways of Betty Lane & Parkwood St. {Charlie Harris. LUP94-281
The City Attorney presented Ordinance 115735-95 for second reading and read it by
title only, Commissioner Berfield moved to pass and adopt Ordinance 1/5735-95 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Fitzgerald. Barfield, Deegan, Thomas and Garvey.
ITEM #33 - Ord, #5736-95 - RS-8 Zoning for property located at 1613 & 1615 N. Betty
Lane, Pine Ridge Sub., Blk. B, Lot 9 and abutting right-of-ways of Setty Lane & Parkwood
St. [Charlie Harris, A94-25}
The City Attorney presented Ordinance #5736-95 for second reading and read it by
title only, Commissioner Thomas moved to pass and adopt Ordinance 115736-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald. Berfield, Deegan, Thomas and Garvey.
IINays": None.
("") ITEM #34 - Ord. #5737-95 - Annexation for property located at 3131 San Mateo St., Del
.........,
Ora Gardens Sub.. Lot 11,0.17 acres m.o.1. (Carmichael, A34-26)
The City Attorney presented Ordinance #5737-95 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 115737-95 on
second and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None,
ITEM #35 - Ord. #5738~95 - Land Use Plan Amendment to Residential Urban for property
located at 3131 San Mateo St., DelOra Gardens Sub., Lot 11 f 0.17 acres m.o.1.
(Carmichael, LUP94~30)
The City Attorney presented Ordinance #5738-95 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance 115738-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
"Nays": None.
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ITEM 1136 - Ord. #5739-95 - RS-8 Zoning for property located at 3131 San Mateo St., Del
Oro Gardens Sub., Lot 11, 0.17 acres m,o.1. (Carmichael. A94-26)
The City Attorney presented Ordinance #5739-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance 1/5739-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"A yes tt: Fitzgerald, Barfield, Deegan, Thomas and Garvey.
UNays": None.
ITEM 1t37 - Ord. #5752-95 - Vacating the westerly 2.5' of the east 5' utility easemant
lying in Lot 7, Blk. 59, Mandalay Sub. (Tehan/Summers. V94.14)
The City Attorney presented Ordinance #5752-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5752-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
UNays": None.
ITEM #38 - Ord. #5754-95 - revised LDCA providing a comprehensive revision to City's
alcoholic beverage regulations (LOCA94-17}
<~.)
Mr. Shuford said the ordinance has been amended to the Commission's
recommendation that restaurants within 200 feet of a church or school be required to
obtain a conditional use permit to serve alcoholic beverages. An exception is made for the
urban core and eastern corridor. A new series of conditional use standards has been
created.
Mr. Shuford noted an error on page 18 where the specific zoning districts allowing
outdoor seating are not specified has been corrected. He referred to the language on page
20 and indicated anyone reading it would realize they would not be exempted if they are
within 200 feet of a church or school.
Jay Keyes suggested the Commission change the method of measuring distance
and suggested many problems would be avoided if the distance was measured from the
point of sale to the closest property line. He indicated Walgreens' request would not have
been a problem had this method been adopted.
. Bob Bickerstaffe referred to the alcoholic beverage use table on pagE? 22 and
suggested a separate classification refer to passenger ships that carry 50 or more
passengers. He suggested the rules indicate when passengers can start drinking.
Commissioner Thomas felt that was worth consideration and recommended staff review
Mr. Bickerstaffeis suggestion. Mr. Shuford said passenger ships are addressed but
indicated staff can add that classification to the table.
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The City Attorney presented Ordinance 1/5754-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 115754.95 as
amended on second and final reading. The motion was duly seconded.
Commissioner Barfield clarified that requirements regarding a separation distance
from churches and schools had been tightened. It was indicated thoy had been.
Upon roll call, the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": Berfield.
Motion carried.
Mayor Garvey indicated the next six ordinances will be included on the March 14,
1 995 ballot.
n"EM #38a - Ord. #5758-95 - ra: appointment of vice-mayor as mayor during mayor's
temporary absence, forfeiture of commission office, commlssion vacancies, commission
salary increases; deleting requirement for roll call vote; clarifying language per commission
actions
1>.....'~'\
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The City Attorney presented Ordinance #5758-95 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance 115758-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was;
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
"Nays1t: None.
ITEM 1138b - Ord. #5759-95 - re: requiring a referendum to transfer or use certain City
owned property for other than City uses
The City Attorney presented Ordinance #5759-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance 115759-95 on
second and final reading. The motion was duly seconded.
Mayor Garvey said she was adamantly opposed to this proposal because she felt it
would tie the hands of future City Commissions.
Commissioner Thomas was adamantly for thls proposal. He said the people of
Clearwater own the property and they Sllould decide what happens to it.
Commissioner Fitzgerald said he opposed this proposal from the onset and agreed
with the Mayor.
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Commissioner Deegan questioned If Commissioner Fitzgerald and Mayor Garvey
were opposed to asking people if they want this property to be subject a referendum.
Mayor Garvey felt the beach is more sacred and felt it, too, should be addressed.
Commissioner Deegan said that was not the topic. He indicated this ordinance would
allow the Commission to ask if people want a referendum when decisions are made
regarding the bayfront. The Mayor said the Commission is elected to make decisions. She
said government should not be run by referendum.
Commissioner Thomas said the existing Charter already reads this way except for a
legal glitch. He felt people were mislead when they approved a referendum on the
bayfront 12 years ago. He indicated this would clean up the earlier language. He said this
is what people approved uy vote 12 years ago. Commissioner Fitzgerald noted today's
population ;s different from what it was then. He said he has read the Charter carefully
and will vote against the proposal. He did not feel it is in the best interest of Clearwater.
He recommended the voters read the proposal carefully and vote "no."
Commissioner Berfield requested the City Attorney explain the two separate issues.
The City Attorney said the previous restrictions that prohibit development below the 28-
foot line remain in place. This ordinance is more expansive and prohibits the sale, lease,
etc. of this property without a referendum. The Mayor noted if future Commissions decide
the present City Hall is not adequate for City Commission meetings, a referendum will be
required before the property can be addressed.
Upon roll call, the vote was:
()
"Ayes": Berfield, Deegan and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
ITEM #38c - Ord. #5760-95 - re: extending time frame for completing referendum petitions
and increasing time for holding an election on a charter amendment initiated by petition
The City Attorney presented Ordinance #5760~95 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5760-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes"; Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naystt: None.
ITEM U38d ~ Ord. #5761-95 - re: amending requirement for referendum approval of
revenue bonds
The City Attorney presented Ordinance #5761-95 for second reading and read it by
title only.
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Bob Wright said the Charter Review Committee recommended any non-budgeted,
non-emergency expenditure of $5-million or more should go to referendum. He said this
Commission ignored that recommendation and substituted this change in Article IX to raise
the amount from $l-million to $ 5-miIHon. He said he stronglv opposed this ordinance.
Bob Bickerstaffe agreed with Mr. Wright's remarks and opposition.
\
" Commissioner Thomas moved to pass and adopt Ordinance #5761 ~95 on second
and final reading. The motion was duly seconded 'and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan. Thomas and Garvey.
UNays": None.
ITEM #38e - Ord. #5762-95. re: appointment of legal department staff by City Attorney,
establishment of Assistant City Attorney salaries by City Attorney, providing consistency
in manner of removal of City Manager and City Attorney, requiring City Attorney live in
City.
The City Attorney presented Ordinance 1/5762-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5762-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
(""')
...,."...
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #38f - Ord. #5763-95. re: identifying winning candidate, creating a provision for
candidate vacancy, providing for a referendum election
The City Attorney presented Ordinance #5763-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance 1/5 763~95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald. Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #39 ~ Special Items of widespread public interest - None.
ITEM #40 - Citizens to be heard re items not on the AQenda . None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #41 -44) - Approved ilS submitted less Items 1141 and 1142.
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ITEM #41 - See Parle 28.
ITEM #42 - See PaQe 30.
ITEM #43 - Receipt/Referral - LDCA - Infill Commercial District rezoning of several
properties in the Lakeview Road Zoning Study area (LDCA 95-02) (CP)
lLEM #44 - Receipt/Referral - LDCA - Prohibiting parking on front lawns of single family,
duplex and triplex uses and unpaved adjacent street right of way (lDCA 94-15) (CP)
Commissioner Thomas moved to approve the Consent Agenda as submitted less
Items 41 and 42 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #41 - Receipt/Referral. Land Use Plan Amendments & Zoning Atlas Amendments for
property south of Belleair Rd.. between Greenwood Ave. & Missouri Ave.. 1601 S.
Greenwood Ave. and the vacant property immediately to the south, 1610 S. Missouri Ave.
and the property connecting these two parcels running behind the lots on the south side of
Belleair Rd. (Barnett Bank of Pinellas CountY, Z 94-12, 13 & 14 & lUP 94-33 & 34) (CP)
The subject property is on the south side of Belleair Road between Greenwood
Avenue and Missouri Avenue. The applicant wishes to develop the property's uplands
portion as commercial and to designate the Wetlands as preservation. The applicant
proposes to raze the Barnett Bank building and construct a new Barnett Bank at the
'""') southeast corner of the property. Walgreens will be constructed at the property's
~1 northeast corner where Belleair Road and Missouri Avenue intersect. The applicant has
received conditional use approval for package liquor sales for Walgreens.
The property at the southeast corner of Belleair and Greenwood has a Future Land
Use of Residential Urban. The existing grandfathered, nonconforming frult stand will
remain on the property. The intersection's southwest corner is in the County and has a
Future Land Use of Commercial General with a zoning of C-2. The use of this property is a
retail fish marketlfruit stand. The northeast corner is vacant, is in the City, and has a
Future Land Use of Commercial General with Neighborhood Commercial zoning. The
intersection's northwest corner is in the City and has a Future land Use of Residential
Urban with Single-Family Residential-S zoning. The use of tl1ese lots is single family
residential. The lots run from Ewing Avenue to Greenwood Avenue with the first two
houses fronting Ewing.
The lots directly east of the applicant's property along Belleair Road are in the
County and arB developed as single family residential. The house next to the property
proposed to be zoned Neighborhood Commercial has a home business, Car's Saw Shop,
that appears to cater to walk-in and customer delivery and pickup.
The proposed amendments would assign the same Future land Use as presently
existing on two of the corners and the same zoning as presently assigned by the City to
the northeast corner. The proposed zoning would also legitimatize the existing retail use.
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SWFWMD has defined the jurisdictional boundaries of tile Wetlands which have
been fenced by the applicant. The Future Land Use Plan and Zoning Atlas Amendments to
Preservation will delineate these Wetlands on the City's Future Land Use Map.
The property ot the southwest corner of Selleair Road and Missouri Avenue is
presently zoned Commercial Center. The property is proposed to be subdivided into lots
with each lot being independently developed. The proposed General Commercial zoning is
more appropriate for this type of development than the current zoning. There is no Future
Land Use Plan Amendment involved for this part of the subject property as it already is
classified Commercial General.
Discussion of this item is also included under Item tl9.
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Commissioner Thomas expressed concern regarding the single family residences in
Parcel 3. He noted the current zoning may be for a commercial center but felt the
commercial zoning on Selleair Road should be changed to residential. Mr. Shuford said the
land use on the opposite side of Belleair is predominantly residential. He noted three
houses have been razed since the aerial view was shot. He said the purpose for the
change in zoning was to make development less intense'. Commissioner Thomas noted the
legal process begins once the item is received and referred. He questioned if it could be
received and referred in such a way that the commercial zoning not continue down Belleair
Road, thereby lessening the impact of the proposed development on the residential
community on Belleair Road. He expressed concern that the development not infringe on
the neighborhood.
Commissioner Fitzgerald questioned the intended use of the outparcel. Mr. Shuford
said the site plan did not identify a use but called this an out parcel. He suggested the
developer will market it for future development.
The City Attorney said receipt and referral does not guarantee any rights. The
Commission cannot require the developer to make any alterations to the application. She
noted the developer could react to remarks made by the Commission at this time and refine
the application.
John Sims, representing Barnett Bank, indicated when the plat was being put
together, no plans had been made for Parcel 3. He said they wished to work with City
staff to make certain the City is comfortable with their plans.
Commissioner Berfield questioned if all applicable boards will be told of the
Commission's concerns. Mr. Shuford indicated they will be.
Commissioner Thomas moved to receive the application for Future Land Use Plan
Amendment to Commercial General and Zoning Atlas Amendment to Neighborhood
Commercial for Lots 3 and 4, Loveland Subdivision and Part of the Northeast 1/4 of the
Northwest 1/4 of Section 27-29-15. a triangular portion at the northwest corner of M&B
21/011 (Z 94-13); receive the application for Future Land Use Plan Amendment to
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Preservation and Zoning Atlas Amendment to Preservation for Part of the Northeast 1/4 of
the Northwest 1/4 of Section 27~29~15, being the westerly portion of M&B 21/0 11 less
the triangular portion in its Northwest corner (Z 94~ 14); receive the Application for Zoning
Atlas Amendment to General Commercial for Lots 14 through 22, Loveland Subdivision
and the Easterly Parts of M&8 21/01 and 21/011 of the Northeast 1/4 of the Northwest
1/4 of Section 27.29~15 (Z 94-12); and Refer the Future Land Use Plan and Zoning Atlas
Amendments to the City Clerk to be advertised for public hearing. The motion was duly
seconded and carried unanimously.
ITEM #42 . Receiot/Referral . RM-8 Zoning and Preliminary Site Plan for property located at
1550-1570 Jasmine Way, Lots 7-12, Blk A, Druid Groves, together with 1/2 of vacated
street adjacent to W side of Lot 12 (Clearwater Community Hospital, Z 94-15) (CP)
The subject property on the north side of Jasmine Way is one street south of Druid
Road and runs from the Clearwater Community Hospital's west property line to Crest
Avenue. Last year the hospital rezoned the north half of the block to RM-8 and received a
conditional use for a parking lot that is currently under construction on the property. The
hospital has purchased the remainder of the block and wishes to expand the parking lot.
They have applied for a conditional use for the proposed expansion of the parking lot. The
preliminary site plan for the expanded parking lot saves the larger trees on the property.
The ongoing work on .the north half of the block will fit with the proposed expansion of the
parking lot.
'.:)
Commissioner Thomas said there was a great deal of public debate on this issue
when the Druid Road properties were addressed. He questioned if the City is conforming
to what was discussed that evening. Mr. Shuford said the Commission had requested the
area of notification be expanded and staff will do that for this proposal.
Commissioner Thomas moved to receive the Application for zoning Atlas
Amendment to Multiple-Family Residential "Eight" and preliminary site plan for Lots 7
through 12. Block A, Druid Groves together with, 1/2 of vacated street adjacent to the
west side of Lot 12. and refer the request for rezoning to the City Clerk to be advertised
for public hearing and the preliminary site plan to the Development Review Committee for
review and final approval. The motion was duly seconded and carded unanimously.
The City Commission recessed from 10:40 to 10:54 p,m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #45 - Preliminarv Site Plan and Plat for property located on SW corner of Missouri
Ave and Belleair Rd. and extending W to Greenwood Ave., Sec. 27-29-15, M&Bs 21.01 &
21.011, Sec. 18-29-16, M&B 13.04 (Barnett Banl< of Pinellos County, PSP 94-28) (CP)
The applicant has prepared a Preliminary Subdivision Plat creating five lots for the
contiguously owned property of Barnett Bank of PineJlas County. Barnett proposes to build
a new 5,552 square foot brancl, office building on Lot 1. Upon receiving a certificate of
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occupancy for the new branch bank office, Barnett proposes to sell the existing bank site
(Lot 2) to the Walgreens Drug Store franchise. Upon completion of the new Barnett Bank
building, the Walgreens' owner will raze the original bank building and erect the proposed
15,525 square foot Walgreens. The subject property is in the process of being rezoned
from Commercial Center to General Commercial to allow appropriate setbacks and signage.
Points of access are proposed from Missouri Avenue and SeJleair Road. An
ingress/egress easement is proposed to serve both the proposed Barnett Sank building and
the proposed Walgreens from Missouri avenue. Lot 3 of the Preliminary Plat indicates a
proposed.74 acre outparcel to the west which will be zoned General Commercial. Staff
recommends the Selleair Road driveway be used to access the proposed Walgreens Store
and the proposed outparcel (Lot 3).
A conditional use permit to allow package sales of alcoholic beverages including
beer, wine and liquor (3-PS) was obtained from the Planning & Zoning Board. The
applicant also received a minimum distance separation variance from a church across
Belleair Road under current code requirements under Item 1/9 of tonight's meeting. (See
page 5.)
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The remainder of the Barnett property (Lots 4 & 5) will be presented under a
separate agenda item to amend the Barnett Property as follows: Lot 4 of the Preliminary
Plat is jurisdictional Wetlands and is proposed to be amended from the existing Countywide
Future land Use Plan classification from Residential Medium and Commercial General to
Preservation with a Preservation zoning designation. Lot 5 of the Preliminary Plat is
proposed to be amended from the existing Countywide Future Land Use Plan classification
of Residential Medium to Commercial General with a Neighborhood Commercial zoning
designation.
Preliminary Conditions include: 1) Signs and fencing/walls are subject to separate
review and permitting processes; 2) The requisite building permits must be procured within
one (1) year from the date of certification of the final site plan and all requisite certificates
of occupancy must be obtained within three (3) years of the date of certification of the site
plan; 3) The related final plat shall be recorded within one (1) year from the certification
date of the preliminary plat or prior to issuance of a certificate of occupancy, whichever
comes first; 4) The dates and conditions for approval by the Planning and Zoning Board for
conditional use approval and the Development Code Adjustment Soard for variance
approval shall be provided on the preliminary plat/site plan prior to certification; 5) Fire
lanes shall be required on the side of structure. These fire lanes shall be a minimum of 20
feet wide and my not begin closer than 10 feet from the structure. This is in addition to
any drives presently proposed; 6) The minimum turning radius for designated drives and
fire lanes shall be 42 feet; 7) A fire hydrant assembly shall be installed not more than 300
feet from each structure; 8) If structure requires or has installed an automatic fire sprinkler
system. a fire department connection shall be installed a minimum of 15 feet from the
structure, adjacent to a paved drive and within 30 feet of a fire hydrant assembly; 9) Prior
to certification, the Dumpster Requirement Form must be completed and returned to the
City Sanitation Department; 10) Prior to the issuance of a certificate of occupancy, the
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dumpster/compactor must be visually screened, and gates must be provided with a
minimum 1 2~foot clear opening to the front for access by Sanitation trucks; 11} Prior to
certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review; 12) Prior to the issuance of a building permit, a copy of the approved
SWFWMD permit is to be provided to Engineering Site Plan Review; 13) Prior to
certification, the final site plan must be signed and sealed by a Professional Engineer
registered in the State of Florida; 14} A Pinellas County Public Health Unit Permit,
Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and
including meters. backflow prevention devices and hydrants are required prior to the
issuance of a Building Permit; 15) Backflow prevention devices must be installed by the
City with applicable fees being paid by the owner; 16) Prior to certification. a cross-
parking/access easement Hnking the southern site and the .subject site sllall be executed
and a copy provided to the City staff for review and approval prior to execution. This
easement shall include language specifying which spaces are to be jointly used by the site,
along with the number of spaces involved; 17) Sidewalks are required adjacent to all street
rights-of-way; 18} Handicap spaces must be adjusted to meet government standards; 19)
Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer: 20)
Dimensions to be shown on the plan to denote measurements for aisles. parking stalls,
entrances, etc.; 21} Prior to certification, all protected trees shall be shown by size,
species, and location; 22) Prior to certification, all required perimeter landscape buffers
shall be dimensioned; 23) Prior to certification, the total paved vehicular use area and total
interior landscape area calculations shall be expressed in square feet and as a percentage
of the overall site in the site plan data block; 24) Prior to certification, all required parking
lot interior landscape areas shall be depicted by shading or cross.hatching; 25) Prior to
certification. a landscape plan shall be submitted to Environmental Management; 26) Prior
to the issuance of a building permit. a clearing and grubbing permit and a tree removal
permit (or a no tree verification form) are required; 27) Prior to certification, a copy of the
SWFWMD permit application and calculations shall be provided to Environmental
Management; 281 Prior to issuance of a building permit, a copy of the approved SWFWMD
permit shall be submitted to Environmental Management; and 29) Prior to certification. the
site plan must reflect the use of raised curbs or protective timbers where interior
landscaped areas abut pavement.
AND
ITEM #46 - Preliminarv Site Plan for WalQreens located at SW corner of Selleair Rd. &
Missouri Ave., Sec. 27-29.15, M&8 21.01 (Toulomis, PSP 94-25) (CP)
The applica'nt proposes to construct a 15.525 square foot Walgreens Drug Store
with a two.lane drive through for pharmaceutical prescriptions and an attached liquor store
for package sales of beer. wine and liquor (3PS). Walgreens will replace the existing
Barnett Bank building, scheduled to be razed. A new Barnett Bank is proposed to be
constructed on the abutting lot to the soutl, of the proposed Walgreens. Points of access
will be from Missouri Avenue and Belleair Road. The access point on Missouri Avenue will
serve both the Walgreens Store and new Barnett Bank.
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Barnett Bank is the current owner of the subject property and the applicant is the
contract buyer. The property is currently zoned Commercial Center and is in the process
of being rezoned to General Commercial. Barnett representatives have submitted a
Preliminary Subdivision Plat and Preliminary Site Plan for Commission approval to comply
with the Countywide Land Use Plan. Building permits will not be issued until the Zoning
Atlas Amendment has been finalized.
Trip generation analysis indicates the proposed store will have a minimal impact on
Missouri Avenue which currently has a "B" level of service.
A conditional use permit to allow package sales of beer. wine and Liquor (3PS) was
obtained from the Planning & Zoning Board.
The applicant also received a minimum distance separation variance from an
existing church located to the north across Belleair Road under current code requirements.
(See Item 1/9 on page 5.)
The applicant has agreed to build to the numerical and dimensional requirements of
the General Commercial zoning district. Permits will not be issued until the rezoning of the
property is finalized.
Preliminary Conditions include: 1) Signs and fencing/walls are subject to separate
review and permitting processes; 2) The requisite building permits must be procured within
one (1) year from the date of certification of the final site plan and all requisite certificates
of occupancy must be obtained within three (3) years of the date of certification of the site
plan; 3) The related final plat shall be recorded within ono (1) yea r from the certification
date of the preliminary plat or prior to issuance of a certificate of occupancy, whichever
comes first; 4) The dates and conditions for approval by the Planning and Zoning Board for
conditional use approval and the Development Code Adjustment Board for variance
approval shall be provided on the preliminary plat/site plan prior to certification; 5) Fire
lanes shall be required on the side of structure. These fire lanes shall be a minimum of 20
feet wide and my not begin closer than 10 feet from the structure. This is in addition to
any drives presently proposed; 6} The minimum turning radius for designated drives and
fire lanes shall be 42 feet; 7) A fire hydrant assembly shall be installed not more than 300
feet from each structure; 8) If structure requires or has installed an automatic fire sprinkler
system. a fire department connection shall be installed a minimum of 15 feet from the
structure, adjacent to a paved drive and within 30 feet of a fire hydrant assembly; 9) Prior
to certification, the Dumpster Requirement Form must be completed and returned to the
City Sanitation Department; 10) Prior to the issuance of a certificate of occupancy. the
dumpster/compactor must be visually screened, and gates must be provided with a
minimum 12-foot clear opening to tl,e front for access by Sanitation trucks; 11) Prior to
certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review; 12) Prior to the issuance of a building permit, a copy of the approved
SWFWMD permit is to be provided to Engineering Site Plan Review; 13) Prior to
certification. the final site plan must be signed and sealed by a Professional Engineer
registered in the State of Florida; 14) A Pinellas County Public Health Unit Permit,
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Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and
including meters. backflow prevention devices and hydrants are required prior to the
issuance of a Building Permit; 15) Sackflow prevention devices must be installed by the
City with applicable fees being paid by the owner; 16) Prior to certification. a cross-
parking/access easement linking the southern site and the subject site shall be executed
and a copy provided to the City staff for review and approval prior to execution. This
easement shall include language specifying which spaces are to be jointly used by the site.
along with the number of spaces involved; 17) Sidewalks are required adjacent to all street
rights-of-way; 18) Handicap spaces must be adjusted to meet government standards: 19)
Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer; 20}
Dimensions to be shown on the plan to denote measurements for aisles, parking stalls,
entrances, etc.; 21) Prior to certification, all protected trees shall be shown by size.
species. and location; 22) Prior to certification. all required perimeter landscape buffers
shall be dimensioned; 231 Prior to certification, the total paved vehicular use area and total
interior landscape area calculations shall be expressed in square feet and as a percentage
of the overall site in the site plan data block; 24) Prior to certification, all required parking
lot interior landscape areas shall be depicted by shading or cross-hatching; 25) Prior to
certification, a landscape plan shall be submitted to Environmental Management; 26) Prior
to the issuance of a building permit. a clearing and grubbing permit and a tree removal
permit (or a no tree verification form) are required; 27) Prior to certification, a copy of the
SWFWMD permit application and calculations shali be provided to Environmental
Management; 28) Prior to issuance of a building permit. a copy of the approved SWFWMD
permit shall be submitted to Environmental Management; 29) Prior to certification. the site
plan must reflect the use of raised curbs or protective timbers where interior landscaped
areas abut pavement; 30) The applicant shall build to the General Commercial numerical
and dimensional zoning district requirements; and 31) Building permits will not be issued
until the Zoning Atlas Amendment has been finalized.
Discussion of these items is included under items fl9 and 1/41.
Commissioner Thomas moved to receive the Preliminary Site Plan and Preliminary
Plat for Barnett Bank of Pinellas County and authorize the Development Review Committee
to approve a final site plan and final subdivision plat subject to the listed preliminary
conditions and to receive the Preliminary Site Plal'l for WalQreens and authorize the
Development Review Committee to approve a final site plan subject to the listed
preliminary conditions. The motion was duly seconded and carried unanimously.
ITEM #4 7 ~ Preliminary Site Plan for Bayside Nursing Pavilion located at the western
portion of existing Bayview Gardens Continuing Care Retirement Community; authorize
DRC to approve final site plan subject to conditions (The Morton Plant Hospital Association
PSP 94-1 2BHCPl
On June 16, 1994. the Commission received and referred a similar project at this
location. The applicant modified the initial site plan by relocating the proposed two story
120 bed nursing home facility and sales center with associated parking away from the
1 DO-year floodplain and placing the facility at the western portion of the existing Bayview
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Gardens property. The applicant proposes ~o expand the existing Bayview Gardens
Continuing Care Retirement Community by constructing a 49,670 square foot, two story,
120 bed nursing facility with associated parking and stormwater management. All
applicant owned property is shown on the site plan. The Bayview Gardens Continuing
Care Retirement Community is built on a 31.91 acre parcel zoned Multi-Family Residential
(RM.16) and General Commercial (CG).
Bayview Gardens is a state licensed Adult Congregate Care Living Facility that
currently has 94 assisted living beds in the lnseal Tower and 320 beds in the Garden Units. ,\
Five existing building with a total of 24 beds will be razed to accommodate the 120 bed
nursing facility. A new drive is proposed to access Sky Harbor Drive to the west.
The applicant will need to obtain conditional use approval to permit the proposed
nursing home in the RM.16 zoning district, as the original request was denied by the
Planning & zoning Board. As a condition of processing the revised conditional use permit
application, staff will require that the applicant drop the existing appeal of the Board's
decision.
The proposed expansion will increase the total parking spaces within Bayview
Gardens from 371 to 396 parking spaces (including disabled spaces) and exceeds the 293
required spaces based on one parking space per two bed formula, plus one space per two
employees.
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The Parks & Recreation Director has determined that no fee Of land dedication is
required, as the proposed development is exempt from the Open Space Land Dedication
requirement.
The applicant has agreed to remove some shoreline stabilization materials before
issuance of a certificate of occupancy for the nursing home. if such is deemed appropriate
by the City's Environmental Group.
Preliminary Development Review Committee Conditions of Approval include: 1)
Signs and fencing/walls are subject to separate review and permitting processes; 2) The
requisite building permits must be procured within one (1) year from the date of
certification of the final site plan and all requisite certificates of occupancy must be
obtained within three (3) years of the date of certification of the site plan; 3) A Unity of
Title shall be recorded prior to certification of the site plan; 4} The minimum turning radius
for designated drives and fire lanes shall be 42 feet; 51 If structure requires or has installed
an automatic fire sprinkler system, a fire department connection shall be installed a
minimum of 1 5 feet from the structure, adjacent to a paved drive and within 30 feet of a
fire hydrant assembly; 6) Prior to certification, the Dumpster Requirement Form must be
completed and returned to the City Sanitation Department; 7) Prior to the issuance of a
certificate of occupancy, the dumpster/compactor must be visually screened, and gates
must be provided with a minimum 12-foot clear opening to the front for access by , -
Sanitation trucks; 8) Prior to certification, a copy of the SWFWMD permit application is to
be provided to' Engineering Site Plan Review; 9) Prior to the issuance of a building permit, a
copy of the approved SWFWMO permit is to be provided to Engineering Site Plan Review;
10) Prior to certification, the final site plan must be signed and sealed by a Professional
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Engineer registered in the State of Florida; 11) A Pinellas County Public Health Unit Permit,
Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and
including meters. backflow prevention devices and hydrants are required prior to the
issuance of a Building Permit; 12) Backflow prevention devices must be installed by the
City with applicable fees being paid by the owner; 13) Handicap spaces must be adjusted
to meet governmen~ standards; 14) Parking stalls and/or driveways to be adjusted to the
approval of the Traffic Engineer; 15) Dimensions to be shown on the plan to denote
measurements for aisles, parking stalls, entrances, etc.; 16) Prior to certification, all
protected trees shall be shown by size. species, and location; 17) Prior to certification, all
required perimeter landscape buffers shall be dimensioned; 18) Prior to certification. the
total paved vehicular use area and total interior landscape area calculations shall be
expressed in square feet and as a percentage of the overall site in the site plan data block;
19) Prior to certification. all required parking lot interior landscape areas shaJl be depicted
by shading or cross-hatching; 20) Prior to certification, a landscape plan shall ue submitted
to Environmental Management; 21) Prior to the issuance of a building permit, a clearing
and grubbing permit and a tree removal permit (or a no tree verification form) are required;
22) Prior to certification, a copy of the SWFWMD permit application and calculations shall
be provided to Environmental Management; 23) Prior to issuance of a building permit, a
copy of the approved SWFWMO permit shall be submitted to Environmental Management;
24) Prior to certification, the site plan must reflect the use of raised curbs or protective
timbers where interior landscaped areas abut pavement; 25) The developer shall provide a
larger scale site plan for ORC review; 26) Prior to issuance of a Certificate of Occupancy,
the concrete and rubble placed along the subject property's shoreline shall be removed;
and 27) The applicant shall obtain approval for a nursing home conditional use permit from
the Planning & Zoning Board prior to certification of the site plan.
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Mr. Shuford indicated changes have been made to the preliminary site plan. A
blowup view of the proposed development will be provided.
Commissioner Thomas noted the minutes from the January 5, 1995 Development
Review Committee (ORC) meeting indicate discussion on this issue was continued and
questioned the outcome of today's meeting. Mr. Shuford said the ORC discussed this
issue but could not take formal action until the City Commission received and referred it.
He indicated the development has received much scrutiny and staff is working with the
property owner to be certain it meets code. Commissioner Thomas thought the ORC
reviewed proposals prior to the Commission receiving and referring them. Mr. Shuford said
staff includes the standard DRC requirements before Receipt and Referral with the
recognition that changes will occur. Commissioner Thomas questioned jf it was not
unusual for the DRC not to have reviewed proposals prior to the City Commission receiving
and referring them. Mr. Shuford said the DRC sometimes discusses preliminary issues as a
courtesy but takes no action until the City Commission formally receives and refers a
proposal.
Commissioner Thomas noted the site plan includes an engineer's seal and
questioned if this is the exact plant that will be considered. Mr. Shuford indicated this plan
is preliminary and other plans will be submitted. Commissioner Thomas said the
Commission was acce'pting an engineer's sealed drawings. Mr. Shuford recommended the
project come back to the City Commission for tinal approval.
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......... Commissioner Thomas referred to plans for parking and questioned why current
requirements are being changed and fewer parking spaces than normally required are
planned. Mr. Shuford said the City code includes specific requirements regarding parking
at a nursing facility. He noted the Garden Units were originally classified as a congregate
care tacility. Commissioner Thomas referred to State Statutes and noted the required
parking must comply with City code. Mr. Shuford agreed.
Commissioner Thomas said Bayview markets its wide openness, easy access, and
individual parking spaces. He said he was not opposed to the development but wanted to
be certain residents are not disadvantaged and lose their parking spaces. Mr. Shuford
indicated staff will fully address the parking issue. Commissioner Thomas said he
understood the need for growth but said the City must be concerned about the residents.
Commissioner Berfield moved to receive the Preliminary Site Plan for Bayside
Nursing Pavilion and authorize the development Review Committee to review the
preliminary site plan with the final site plan to return to the City Commission for final site
plan approval subject to the conditions listed above. The motion was duly seconded.
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Alan Stowell said he owns the adjacent property. He noted the original proposal
was turned down by the Planning & Zoning Board (P&Z). Mr. Stowell said he had no
problem with the way the de',elopment has been relocated on the site. He expressed
concerns regarding procedures. He said the letter he picked up today from staff did not
include the most up to date information. He was concerned the Commission did not have
the latest plans. He said he would like the opportunity to review the site plan and planned
parking spaces. He noted there were several pages of revision. Mr. Stowell expressed
concern that the new site plan does not provide a 15-foot easement for the City. He felt
there was a problem with the number of parking spaces planned because he felt each
Garden Unit should be required to have 1.5 parking spaces, not 0.5 space per bed. The
Mayor noted Mr. Stowell's questions will be addressed through the DRC. Mr. Stowell
expressed concern that basing the number of parking spaces on the number of beds would
result in fewer spaces than required by code. He suggested staff review State Statutes.
He felt the Garden Units are apartments and should meet apartment parking standards.
The Mayor reiterated that the ORC will address these concerns. Commissioner Berfield
recommended Mr. Stowell submit a typed list of his questions to Mr. Shuford for the ORe
and staff to address. Mr. Stowell said staff has not yet addressed his concerns. The
Mayor indicated staff will not address a project until the Commission first receives and
refer.s it. Mr. Shuford said staff will pay particular attention to parking and easements on
this development.
Emil Marquardt. attorney representing the applicant, referred to Condition 1126 and
indicated the developer is dealing with five agencies to obtain permits to remove the
concrete and rubble along the subject property's sl,ore1ine. He indicated they would be
unable to remove the rubble before the issuance of a Certificate of Occupancy. They are
going through the process. Mr. Shufor.d said the City's Environmental Department will
review that condition and make a recommendation. He agreed the condition is time
sensitive.
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-.. Commissioner Thomas said he was satisfied the minor changes made to the site
plan were minor. He felt it was satisfactory for staff to proceed.
Commissioner Deegan questioned if the applicant had dropped tile appeal. Mr.
Shuford indicated the appeal had not been dropped at this point. Mr. Marquardt reported
his client is dropping the appeal.
Upon the vote being taken, it carried unanimously.
ITEM #48 - Res. #95-10 - providing for referendum to grant authority to give ad valorom
tax exemptions should an Enterprise Zone be approved. (ED)
Within Florida communities, some areas chronically display extreme and
unacceptable levels of unemployment. physical deterioration, and extreme disinvestment.
The resources of all levels of government are insufficient, and often inappropriate, to
undertake the massive task of successfully restoring the social and economic productivity
of such areas. To provide the private sector with the necessary incentives to invest in
such distressed areas. staff recommends the City seek methods to relax or eliminate fiscal
and regulatory constraints and identify supportive actions that facilitate business
investment in such distressed areas.
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The State will provide incentives for development through the "Florida Enterprise
Zone Act of 1994": 1) Enterprise Zone Jobs Credit; 2) Enterprise Zone Property Tax Credit;
3) Community Contribution Tax Credit: 4) Sales Tax Exemption for Building Materials; 5)
Sales Tax Exemption for Business Property Equipment: 6) Sales Tax Exemption for
Electrical Energy; 7) Sales Tax Credit for Job Creation in an Enterprise Zone; and 8) Public
Service Commission discount. Each locality may enact the following incentives: 1)
Municipal public service tax exemption; 2) Economic development ad valorem tax
exemption; 3) Occupational license tax exemption; 4) Local impact fee abatement or
reduction; and 5) Low-interest or interest-free loans and grants.
To enact the economic development ad valorem tax exemption. the City
Commission must first adopt a resolution to provide a referendum to grant authority for
such exemptions. The State Statute does not require a public referendum to enact the
remaining local incentives. For the City to be competitive in the enterprise zone application
process. Clearwater must show a strong commitment to the revitalization of the proposed
enterprise zone. Adopting a resolution to hold a referendum on March 14. 1995, to decide
if the City should be authorized to grant an economic development ad valorem tax
exemption is imperative for economic development and the designation of the enterprise
zona.
Alan Ferri, Economic Development Director, said the Commission was not being
asked to reach a final decision regarding enterprise zones tonight. He said the resolution
needed to be approved tonight to meet the time ta ble to include the question on the March
14, 1995 ballot. He indicated the State legislation does not allow substantial change to
the question prescribed. He said the proposed exemption period would be ten years. A
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local committee would review applications from area businesses and certify which ones
meet the criteria of the State Statutes.
Mr. Ferri referred to a map and noted the areas that qualify as an enterprise zone
are based on ~ 990 census statistics. The poverty level must be at least 30% and
unemployment above the State's rate. He indicated 12,000 Clearwater residents Jive in
qualifying areas.
Commissioner Thomas questioned if all of the areas indicated on the map meet the
criteria. Mr. Ferri said they do, according to State Statute. He noted the City is in
competition with 29 other communities. At least seven others have expressed interest in
applying. He said the competition will be stiff. If the referendum fails. the application will
no longer be competitive.
Mayor Garvey questioned who makes the decisions regarding requests. Mr. Ferri
said a committee would be incorporated as an enterprise zone development agency and
would make those decisions.
Commissioner Fitzgerald questioned if the exemption from ad valorem taxes was for
10 years. Mr. Ferri indicated it was. Commissioner Fitzgerald questioned if there is a
limitation on the amount of the exclusion. Mr. Ferri indicated the exemption is only valid
for improvements or new development. Commissioner Fitzgerald questioned how great the
ad valorem tax exemption would be for a business valued at $10,000 with an additional
'.'Ai.,\ $5,000 in improvements. Mr. Ferri indicated there would be no ad valorem taxes on the
",.....rl $5,000 for improvements. He indicated the exemption only applies to business property.
Commissioner Thomas noted in the Community Redevelo'pment Agency (CRA) .
district, no tax increment for improvements would go to the CRA if that is part of the ad
valorem tax exemption. Mr. Ferri said the theory under the Enterprise Zone legislation is to
address areas where development is not presently taking place. The incentive would
induce somebody to develop a business because of the exception. He said the committee
will probably recommend a sliding scale instead of permitting a full exemption for the full
ten years. He said with the incentives, a modest increase in development is projected.
Today the area's yearly value is shrinking by 3%. He said the incentive should help boost
this area to the same level of redevelopment that is occurring elsewhere in the City.
Commissioner Thomas noted a great deal of real estate is being considered. He
expressed concern that the area will be redeveloped and no new taxes will be collected
while thf.l City must provide additional services. Mr. Ferri estimated the cost to the City
over ten years will be $21,000 in fees and $39,000 in excise and franchise taxes on
utilities. He believed this proposal would prompt increased redevelopment in the area. He
felt the City would sse a net gain in ad valorem taxes over the entire 10 years.
Commissioner Thomas expressed concern that the City would identify a large chunk
of real estate where no taxes would be collected and the cost to the City to provide
services there skyrockets.
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Mayor Garvey questioned if every census block indicated was being proposed for
inclusion. Mr. Ferri said the enterprise zone must be one contiguous area. He noted
staff's preliminary numbers indicate a net gain in ad valorem taxes over the ten years
because of a sliding scale. He said the enterprise zone development agency will follow the
State Statute.
Commissioner Thomas felt staff's numbers were make believe. He said when taxes
are eliminated and expenses skyrocket, the City is stuck and has no control if revenues are
inadequate. He expressed concern about approving the total qualifying area. Mr. Baker
noted Commissioner Thomas' concern that the City would be unable to collect additional
taxes if the program is extre~ely successful, and pointed out that one cannot assume that
successful redevelopment would occur without the program. He said the plan is needed
because these areas are falling apart.
Commissioner Thomas questioned if a smaller area of real estate could be
considered. Mr. Ferri said the Commission can designate any qualifying areas it chooses.
CRA Executive Director Peter Gozza referred to the qualifying sections in the
defined redevelopment area. He expressed concern that no CRA members are on the
committee. He said it is illogical to have a tax abatement program in a tax increment
financing district.
Commissioner Fitzgerald noted the issue is time sensitive. Commissioner Deegan
said the language in the resolution refers to the "possible creation" of the enterprise zone
.....".,\ with boundaries which "may include" certain census blocks. He indicated the enterprise
'_..I zone does not have to be identified today. Mr. Ferri agreed. The final shape is up to the
CitY Commission.
Commissioner Deegan noted not much happened in the City's previous enterprise
zone. He agreed with the concept and endorsed getting this on the ballot. If the citizens
approve the ad valorem tax exemption, then the Commission can choose the zone's
boundaries. Mayor Garvey questioned if the City could concentrate on a portion of the
zone if it submitted all of the blocks. Mr. Ferri said the same incentives would have to be
available throughout the district. The designation is for ten years and the same block
cannot be designated twice.
Commissioner Berfield said if the Commission approves the item for referendum, the
area will not be identified tonight. She expressed concern that the Commission was
wasting time discussing individual blocks tonight. She questioned if the Commission
wants to go to referendum. Commissioner Thomas said he was convinced to go forward.
,
Commissioner Barfield moved to provide for a referendum to grant authority to give
ad valorem tax exemptions should an Enterprise Zone be approved. The motion was duly
seconded.
Scott Geigel said this proposal would invite more people to open businesses in the
City and create more jobs. Mayor Garvey agreed the issue is about jobs and opportunities.
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"'-'. Roger Woodruff, representing Arnold-Brown Properties, read a letter from Lee
Arnold dated January 19, 1995, referencing the proposed enterprise zone. He indicated
Arnold-Brown Properties is marketing a property at the corner of Garden and Myrtle which
is not included in the enterprise zone. Mr. Arnold indicated he did not endorse an
enterprise 20ne with properties within its borders not included in the zone. If all property
within the boundaries of the enterprise zone cannot be included, he recommended the
Commission delay their decision. Mayor Garvey questioned why one block is not included
in the zone. Mr. Ferri indicated that block does not meet the threshold criteria established
by the State and cannot be included. Mr. Woodruff said it seems bizarre that the
boundaries will create a distinct disadvantage to the marketability of a property across the
street from or surrounded by the enterprise zone.
Commissioner Thomas said he did not believe any part of the eRA district should be
included in the enterprise zone. Mayor Garvey recommended starting the process by
putting it to referendum.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Resolution 1/95-10 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution 1/95-10 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
<::)
"Nays": None.
ITEM 1149 - Res. #95-8 - providing for public sale of not to exceed $12.5-million
Improvement Revenue Bonds, Series 1995 to finance the construction & other costs of the
new Police Station (FN) .
Improvement Revenue Bonds, Series 1995, for $12.5-million will finance the
construction and related furniture and equipment needs of the police station portion and
one-half of the parking facility of the municipal services/public safety and police complex.
This issue was validated in the Circuit Court of the Sixth Judicial Circuit, in and for PineUas
County, Florida. The ruling was filed in favor of the City of October 6, 1994. An appeal,
filed within the 30-day appeal period, delayed the scheduled sale of bonds. It is
anticipated the appeal will be resolved and the City will be free. to issue the bonds soon.
This issue will be sold through competitive public sale scheduled for a date and time to be
selected by the Finance Director based upon the resolution of the appeal, finalization of
bond ratings and insurance, and satisfactory market conditions.
Current plans ore to repay the bonds over 30 years. A pledge of Public Service Tax
Revenues will be usod to secure payment of the principal and il1terest on the bonds.
Adoption of this resolution authorizes the public sale and award of tile bonds to the
bidder offorlng slIch interost rate(s) and purchase price which will produce the lowest true
intorest cost to tho City ovor the life of the Improvement Revenue Bonds, Series 1995.
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The City Attorney presented Resolution 1195-8 and rood it by title only.
Commissioner Fitzgerald questioned how much the debt sorvico will cost. Finance
Director Margaret Simmons estimated the cost at $880,000 per yoar. David Tllornton with
Raymond James said that amount includes principal and interest. Commissioner Thomas
questioned what interest rate is anticipated for sale of the bonds. Mr. Thornton said they
will be run at a true interest cost of 6.54 overall. The range is from 5% on tho short end
to 6.55%. The total interest paid over the life of the bond issue will be approximatoly
$14,743,000. Ms. Simmons said in the first year the City would pay $728,OOOln interest
II
and $150,000 principal.
Commissioner Berfield moved to pass and adopt Resolution 1195.8 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll
call the vote was:
"Ayes": Fitzgerald. Berfield. Deegan, Thomas and Garvey.
"Nays": None.
ITEM #50. First Reading Ord. #5721-95 - re Standard Housing Code. amending Sec.
49.02 of City Code and Sec. 103.2 of Standard Housing Code. 1991 Edition, relating to
unsafe buildings and repealing Sees. 49.04 & 49.05 of City Code relating to notices. public
hearings and Commission action. (C~
!:) The proposed changes, endorsed by the Code Enforcement Review Task Force
(CERTaF). will allow the City to increase effectiveness in enforcing the -Housing Code. A
summary of the changes are: 1) Section 103.2.1 defines unfit, unsafe and nuisance
structures; 21 Section 103.2.2 sets time limits requiring a structure to comply with the
Housing Code. Adds a paragraph limiting the time a structure can remain boarded up; 3)
Section 103.2.4 sets the guidelines in determining when a structure is a minor or major
violation; 4) Section 105 is deleted, eliminates hardship as a reason to appeal the City's
decision; 5) Section 106.1 defines the appeal rights of the structure's owner; 6) Section
106.2 sets up the procedure to take the case to Municipal Code Enforcement Board, and
take corrective action; 71 Section 106.4 gives the City Manager the ability to defer
corrective action in an owner/occupant is applying for a rehab loan from Community
Development; 8) Section 202' adds a definition for an abandoned building and amends the
definition for an abandoned vehicle; 9) Section 308.3 clarifies the number of occupants
served by a single bathroom facility in a rooming house; and 10) Section 308.8 clarities the
definition of a rooming house.
Vic Chodora. Assistant Director of Central Permitting, said this proposed ordinance
includes in the City Code, modifications to the 1991 edition of the Standard Housing Code
published by the Southern Building Code Congress. In 1992. the Commission adopted the
code. The ordinance clarifies language and definitions and defines owners' appeal rights.
The Mayor indicated the proposed ordinance combines changes in building code with
recommendations from the CERTaF. Mr. Chodora agreed.
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Commissioner Thomas questioned if these changes would tighten City code so a
situation similar to the Ice House would not occur again. Mr. Chodora said the changes
will allow the City to take quick action.
Mayor Garvey said when Governor Chiles was in town, he had questioned if the
State could help the City move forward on Code Enforcement. She recommended
contacting the Governor's office with any ideas on how the State can help cities facilitate
code enforcement.
Commissioner Thomas moved to approve the proposed amendments to Chapter 49,
Standard Housing Code. The motion was duly seconded and carried unanimously_
The City Attorney presented Ordinance #5721 w95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance 115721-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #51 - Sidewalk Vendor and Outdoor Cafe Ordinance - Issues (previous ordinance re
this topic. 1t5658~94 withdrawn 11/17/94) (CP)
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The City Manager questioned, due to the lateness of the hour, if the Commission
wanted to discuss this item at this meeting.
Commissioner Thomas moved to continue this item until January 30, 1995. The
motion was duly seconded and carried unanimqusly.
ITEM #52 - Other PendinQ Matters
a) HDR Enaineering, Inc. - Memorial Causeway Bridqe Feasibilitv Study
The first citizens' information meeting for the Memorial Causeway Bridge Feasibility
Study was held December 7, 1994 at the Beach Civic Center with approximately 50
citizens, City'\staff, representatives of HDR Engineering, Peter Gozza of the CRA, and the
Florida Department of Transportation (FDOTI. City Engineer Rich Baier indicated the Island
Estates Civic Association and Pierce 100 residents understand the need for the bridge.
Major concerns include: aesthetics: noise impacts to Coachman Park; provisions for
pedestrians and bicyclists; project's cost; and access to Pierce 100 Condominiums.
HDR presented their Memorial Causeway Bridge Feasibility Study status report. The
Study's purpose was to evaluate feasibility of replacing the existing bridge with a high-
level fixed bridge or a higher bascule (draw) bridge and to review the three alternate
corridors of Drew Street, Cleveland Street, and Pierce Boulevard. The scope of this study
is to evaluate alternate concepts (a future PD&E study will look at detailed impact of a
preferred alternative). FOOT is a cooperating and reviewing agency.
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Engineering factors to be evaluated include: 1) traffic flow impacts and maintenance
of boat & vehicular traffic during construction; 2) lane and typical section requiremonts; 3)
access to businesses and "access management"; 4) geometric requirements for navigation;
5) construction. right-of-way, and business damage costs; 6~ impacts on utilities; 7}
Alternate structure types and span lengths; and 8) economic analysis of bascule versus
fixed-span bridge. Environmental factors to be evaluated include: 1) impacts to Wetlands
and submerged habitat; 2) impacts to public spaces (parks, recreation areas); 3) water
quality impacts; 4) permitting requirements: 5) feasibility of channel relocation; 6) noise
impacts; and 7) visual impacts & compatibility with surroundings. Public input to be
evaluated includes feedback from citizens, merchants. the City Commission and others.
Progress to date includes: 33% complete with Engineering Data Collection; 13%.
complete with Environmental Data Collection & Evaluation; 5% complete with Traffic
Analysis; 5 % complete with Alternative Analysis; and 20% complete with Public
Involvement. A second public meeting is scheduled in early March and a second
presentation wHI be made to the City Commission in mid~May.
Douglas Butler, Senior Project Manager with HDR Engineering, presented the status
report. He requested input regarding ideas for the corridor. He asked that the
Commissioners mark aerial photos with recommendations and forward their concepts to
the City Engineer. The preliminary report will be submitted to the Commission during the
second presentation in May. He said they are reviewing various combinations of roadways
and ramping.
(''''\ Mayor Garvey said she was pleasantly surprised to learn that some opposition to
,>,!~,I the project disappeared once it was explained. City Engineer Rich Baier said some
opposition was based on misconceptions and misinformation. He indicated the City is not
planning to eliminate any of the causeway or landscaping.
Mayor Garvey thanked Mr. Butler for his presentation.
Commissioner Thomas moved to approve extending the meeting past 12:00
midnight. The motion was duly seconded. Commissioners Berfield. Deegan and Thomas
voted "Aye"; Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
b) Proposed Lease for Pickles Plus Too. a restaurant, to be located on first floor of the
Harborview Center (CRAl
The proposed lease for Pickles Plus Too would include the following terms, in
addition to the City's standard lease requirements: 1) A seven-year lease with two three-
year options; 2) Build-out will be paid by the City and limited to $100,000. The City will
be reimbursed for 50% of the build-out expense to be paid at $3 per square foot over the
initial seven.year lease term; 3) Common Area Maintenance is $2 per square foot; 4) Base
rent is $10 per square foot with a 3% annual increase in base fent; 5) 6% of the annual
gross sales over $575,000 will be paid to the City; 6) First three months will be rent-free;
7) A guarantee that the City would insure that lease adjustments would be made should
Stein Mart vacate the Harborview Center and terminate their lease. This document should
also reflect that the City would have eight months to restore a tenant equal to Stein Mart
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in the vacant area or Pickles Plus Too, at its option, may terminate its lease and be
completely released from any and all lease financial responsibilities.
Mayor Garvey pointed out this is a concept paper, not a lease. Peter Gozza
reported staff has been working with Pickles Plus, whicll has a location in Northwood
Plaza, to develop terms for a lease.
Commissioner Fitzgerald said he is a patron of Pickles Plus. He indicated a
philosophical problem with the proposal that the City will pay for the build out but will only
be reimbursed for 50% of the costs. He pointed out no interest on this investment will
come back to the taxpayers. He did not think residents should pay taxes to support a
private business. He felt taxpayer's money should be invested where it will sam a return.
Mayor Garvey questioned what guarantee the City will have to recoup its money if
Pickles Plus leaves in a few yeaTs after the City has invested $100,000. Mr. Gozza said
repayment of $50,000 is guaranteed whether Pickles Plus stays or not. He said this type
of incentive is similar to what is being proposed for the enterprise zone. The Mayor said
there needs to be some kind of guarantee. Joe Benedettini, of Pickles Plus. said he and his
partners were not concerned with agreeing to a guarantee as long as it was structured
properly. He noted they. too, were putting themselves at risk.
<:)
Mayor Garvey suggested a percentage of the $50,000 could be forgiven after five
years and provide the restaurant with the inventive to remain. The City Manager
questioned if the Commission would consider reducing the time to payback the $50,000 to
a five.year lease from a seven-year one. Commissioner Thomas questioned if the owners
would agree to leaving the option prices open and later base them on the succass of the
restaurant and center. Mr. Benedettini felt a reasonable agreement should be negotiated
ahead of time.
Commissioner Thomas noted the City is sharing in the risk and should share in the
reward since the City is shouldering 50% of the capital improvement risk. Mr. Benedettini
said the rewards will flow from the 6% over the predetermined volume.
Commissioner Thomas liked the five-year concept with several five year renewal
options. If the venture is successful, he recommended increasing the rent during the sixth
and seventh year enough to recover the City's $100,000 investment. He felt $16 a square
foot for the first five years was a fair rate.
Commissioner Thomas did not know if Pickles Plus' proposition to pay 6% of gross
sales over $575,000 was fair. He requested staff to meet with the owners regarding the
$575,000 figure. He said staff should be informed regarding the sales levels at Pickles
Plus. Mr. Benedettini said, based on their present location. Pickles Plus should start paying
the City a percentage by the ninth or tenth month. Commissioner Thomas requested Mr.
Benedettini review these figures with staff to be certain the number has value.
Commissioner Thomas said he had no problem with the three months of free rant or
the escape clause should Stein Mart vacate the Center. He noted the City is also looking
to this restaurant to cater the lower trade show floor.
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Commissioner Deegan referred to the figures on the back of the agenda cover sheet
and indicated the base over which a percentage is paid is also important. He noted other
leaseholds pay 10% of sales over a predetermined amount and recommended staff review
the percentage as well as the base.
The City Manager clarified that this proposed lease was for a 2,500 square foot,
self-contained restaurant. A contract to provide food service for the trade show space will
be handled by separate agreement. Commissioner Fitzgerald questioned if outside seating
is included in the square footage. It was indicated the space is internal. Commissioner
Thomas noted the building is not designed for outside restaurant service. Patrons can
carry their orders outside. .
Commissioner Deegan questioned if the name of the restaurant will be Pickles Plus
Too. Mr. Benedettini said that was correct.
Commissioner Fitzgerald questioned if staff will corne back to the Commission with
a lease for approval. Mr. Gozza said the purpose of tonight's meeting is to determine if the
City Commission is interested in negotiating with Pickles Plus using the concepts outlined.
Commissioner Thomas requested that a personal guarantee and performance bond
be included in the lease.
Commissioner Fitzgerald questioned if no one else was interested in the return on
taxpayer's money. Commissioner Thomas indicated the citizens will get a return on their
investment.
l.":) Commissioner Thomas moved to approve in concept these terms of the Pickles Plus
Too proposal as discussed and amended and to authorize City Staff to prepare the lease.
The motion was duly seconded.
Commissioner Fitzgerald said he did not agree with the proposal and did not support
the City's investment of $100,000 in the restaurant.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas and
Mayor Garvey voted "Aye"; Commissioner Fitzgerald voted "Nay." Motion carried. .
c) Amend contract with Rice. Williams Associates to expand scope 'of service to include
transfer of ownership analvsis and to increase compensation to a maximum of $82,000
iQM1
On October 4, 1993, the Commission approved a contract with Rice, Williams
Associates for cable franchise renewal consulting services. The total project budget
approved was $50,000. The scope of services included: initial consultation; community
needs assessment and consumer market survey; analysis of compliance and ordinance
development; technical analysis; development of request for renewal proposal; evaluation
of renewal proposal; assistance with negotiations; and attendance at public hearings. The
scope of services was increased to include rate regulation analysis. Tasks included in the
scope of service have been completed with the following exceptions: rate regulations'
analysis; compliance analysis; and franchise negotiations are ongoing.
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Vision Cable of Pinellas, Inc. has requested that the City approve transfer of
ownership of the cable franchise to Time Warnur~Advance/Newhouse Partnership. This
request has added an additional complication to the franchise renewal process. Rice,
Williams Associates has estimated the time and cost needed to complete franchise
negotiations and analyze tile request for transfer to be $32.000.
A first quarter budget amendment will provide for the transfer of $32,000 from the
unappropriated retained earnings of the general fund to provide funding for this contract
increase. This will increase the current project budget from $50,000 to $82,000. Time
Warner will be asked to reimburse these consulting costs to the City as part of the
franchise agreement.
Commissioner Fitzgerald noted this week GTE won the right to expand fiber optic
and cable services in Clearwate'r in a Virginia federal court. He questioned how that
decision will affect the City's negotiations with Vision Cable and if anything new should be
included in the Vision Cable franchise agreement. Information Management Director Jeff
Harper indicated GTE won the right to offer video dial tone that is similar to current pay-
for-view channels and will compete with Vision Cable. He noted there was a question if
the City had any franchising authority over this service. The issue remained unsettled in
Congress. Commissioner Fitzgerald said these issues need to be factored into negotiations
with Vision Cable. He questioned if this request for $32.000 included a review of this
issue. The City Attorney indicated it did not. Commissioner Fitzgerald questioned if it
should. Mr. Harper said he did not know. The City Attorney said staff may need to come
back and ask for help regarding this should it become a real issue.
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Deputy City Manager Kathy Rice said the City was not negotiating an exclusive
contract with Vision Cable. Mr; Harper stated that another cable company could approach
the City and request a franchise.
Mayor Garvey questioned if there are plans to bury cable Hnes. Ms. Rice indicated
that issue is being discussed.
Commissioner Thomas expressed serious concern regarding Rice Williams. He
noted Rice Williams has made a great deal of money during the company's 18 months on
board but has provided a pathetic level of service. He said he could not be more critical of
a company's performance. He indicated the City Commission learned next to nothing from
this organization at a time the Commission should have been kept informed. He was very
unsatisfied with the audit of Vision Cable's revenues. Mr. Rice said staff has taken the
lead in discussing Rice William's performance and improvements have been noted.
Mr. Harper said he was not thrilled with their service. He noted staff had targeted
the completion of this contract for August or September 1994. He reported that five of
the seven items included in the original agreement had been completed. He indicated Rice
Williams' product is good although it has not been as prompt as the City would have liked.
Service has improved since staff complained about Rice Williams' level of response. He
said the City ran into problems following two face to face negotiating sessions with Vision
Cable. Both sides asked each other for detailed information following the last meeting on
October 13, 1994. Engineers from Rice Williams and Vision Cable have discussed the
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Commissioner Deegan noted if the Commission does not approve the transfer, it
happens automatically. Ms. Rice said the Commission can decide to deny it but if it does
nothing, the transfer is automatically approved. Mr. Harper said the results of the
compliance audit should be available on January 23, 1995. Commissioner Deegan
questioned who will perform the financial audit. The City Manager said Internal Audit
Director Dan Katsiyiannis has done an audit of billings. She indicated he will revisit
Commissioner Thomas' concern regarding programming and advertising revenue.
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issues including the proposed rebuilding of the system. On October 26, 1994, the City
was notified of the proposed Time Warner buyout. The City has thirty days to respond to
this proposal and does not have the necessary expertise on staff to evaluate it.
Commissioner Thomas pointed out the Commission does not have to approve the
Time Warner acquisition. He had serious reservations regarding Vision Cable's financial
performance and suggested that was just cause to allow the City to rebid the whole
contact. The City's current contract states the City is owed a franchise fee of 3% of
Vision Cable's gross revenue. Commissioner Thomas did not believe the City has received
a penny from Vision Cable's advertising income, programming, etc. He said the City can
negotiate with other cable companies. Mr. Harper indicated Rice Williams had not been
contracted to perform a financial audit. Mayor Garvey recommended Commissioners
express their concerns to staff in private conversation.
Commissioner Deegan noted he had brought up this issue on January 17, 1995,
because he did not know where negotiations stood. He suggested the Commission needs
to advise staff of their wishes regarding this contract before Rice Williams and staff have
worked out contractual details with Vision Cable. He felt more than private discussions are
needed and recommended staff come back to the Commission before negotiations proceed
much further. Commissioner Deegan questioned when the City formally requested a time
extension to address this. Ms. Rice said staff sent a written request for an extension but
are not certain it will be granted. She indicated staff needs to be assured all issues with
Vision Cable have been covered if the City approves the transfer of ownership.
Commissioner Berfield questioned if the City is not negotiating with the wrong
person by trying to get questions answered by Vision Cable when Vision Cable is Time-
Warner. Mr. Harper said the City needs to know what questions need to be addressed by
both companies. Ms. Rice said staff wants to be certain the transfer documents are legally
defensible and all important issues have been covered. Staff has concerns regarding Time
Warner's financial background. She indicated many outstanding issues will be addressed.
If the contract is not set up properly, they may be able to legally avoid many compliance
issues.
Commissioner Berfield questioned if the City does not approve the transfer if new
companies could be invited to bid. The City Attorney said the City must have reasons for
not approving the transfer. She said the City must identify outstanding compliance issues
so no issues are waived in the transfer. Mr. Harper said if the City denies the transfer, the
company would meet with the City to work out problems to obtain approval. The
company could take the City to court for being unreasonable or Vision Cable could be
allowed to continue as Vision Cable with little support from its parent company.
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Commissioner Berfield questioned if the law requires the City to renew the franchise. Mr.
Harper said under FCC regulations, the City must give first chance to Vision Cable. If the
City does not award Vision Cable a franchise, the City would be required to hold an
administrative hearing to state this intention. The matter would then go to Federal Court.
He said the issue is confused by language in the existing contract that states the City's
refusal to approve the transfer could result in the forfeiture of the franchise.
The City Manager indicated she will try to agenda this item for January 30, 1995.
,\
Commissioner Thomas moved to amend the contract with Rice, Williams Associates
to expand the scope of service to include transfer of ownership analysis and to increase
the compensation to Rice, Williams Associates from $50,000 to a maximum of $82,000
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
dl Purchase of three 1995 Chevrolet 1 14 ton Maxi-cab Pickup Trucks
Bids were solicited and received for the purchase of three 1/4-ton maxi cab pickup
trucks. Sunshine Chevrolet-Oldsmobile of Tarpon Springs, Inc. submitted the lowest bid.
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Replacement of these three vehicles was scheduled for FY 1994f95 and was
approved by the City Commission during the FY 1994/95 budget hearings. The Water
Division requests changes to two of their replacement vehicles: downgrade 3/4-ton utility
body pickup to 1/4-ton pickup with maxi cab and substitute a cargo van for a 1/4.ton
pickup with maxi cab. The Water Division will fund these $437 modifications.
Commissioner Thomas questioned if the proposed purchase ties in with the existing
fleet of equipment. General Services Director Bill Baird noted the severe shortages of fleet
vehicles this year and the anticipated large price increases. He has set standardization
aside for the time being to obtain the needed vetlicles.
Commissioner Thomas moved to award a contract to Sunshine Chevrolet-
Oldsmobile of Tarpon Springs, Inc., Tarpons Springs, FL, for the purchase of three 1995
Chevrolet 114-ton maxi-cab pickup trucks, at a cost of $44,937 ($14,979/eachl, which is
the lowest. most responsive and responsible bid submitted in accordance with
specifications; financing to be provided under the City's master le,ase-purchase agreement
with Barnett Bank of Pinellas County and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
CITY ATTORNEY REPORTS
ITEM #53 - Resolutions
a) Res. #95-9. Assessing property owners the costs of mowing/clearing owners' lots
The City Attorney presented 'Resolution 1195-9 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution 1195-9 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Fitzgerald, Berffeld, Deegan, Thomas and Garvey.
"Nays": None.
b) Res. #95~14 ~ Amending Res. #94-52'5 Schedule of Fees for "planning related items";
establishing a fee for appeals to the Commission
The City Attorney presented Resolution tl95-14 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution 1195-14 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1154 - Other City Attornev Items - None
ITEM fl55 - City Manaaer Verbal Reports
The City Manager referred to Commissioner Deegan's memorandum regarding the
request from the Clearwater Branch of the American Association of University Women
(AAUW) for $1,000 to sponsor the March 25, 1995 conference, Girls + Math + Science =
Success. He said this would show the City's support for educational opportunities. The
." ~ Mayor wished to obtain more information regarding this request. Commissioner Deegan
I.~.<, said he spoke with the organization at length and they indicated twice as many students as
anticipated had expressed an interest in participating. He said this would be tied to the
community's expressed concern to improve education. The Mayor said she understood the
AAUW request as she has been active with the organization for many years. She
expressed concerns regarding giving money to the group without double checking other
options. She indicated she would rather encourage private donations to this effort and
provide in-kind services.
Commissioner Deegan said the money could come from the funds remaining from
the summer youth training program. He noted this is a one time event. He felt the
program will provide long range benefits. Mayor Garvey said although had been a member
of AAUW for 27 years, she did not necessarily believe that government should be involved
with this project. She wished to talk with the leadership to see if there was another way
the City could help.
Commissioner Deegan moved to approve a grant of $1,000 to the American
Association of University Women to sponsor the March 25, 1995 conference, Girls + Math
+ Science = Success. The motion was duly seconded.
Commissioner Berfield said she assumed Commissioner Deegan spoke with an
AAUW member who convinced him the program was worthwhile. She noted the event
meets the City's stated goals and objectives. Commissioner Deegan indicated he spoke
with an AAUW representative. Commissioner Berfield noted the program would help
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young people. She questioned if the City Manager had located the requested funds.
Mayor Garvey said there were a number of AAUW members she would like to talk ,with
and indicated there was no need for the Commission to take action on this issue tonight.
Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted
"Aye"; Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion cnrried.
ITEM tl56 - Commission Discussion Items - None.
ITEM 1157 - Other Commission Action
Commissioner Deegan said he did not know of any other government meeting
where the flag is saluted prior to the invocation. Mayor Garvey questioned if there was a
reason to change. Commissioner Deegan felt the creator should be honored before the
flag. Mayor Garvey felt there was no reason to change the agenda order. Commissioner
Thomas said the point was which action comes first and noted prayer come first at other
meetings. Commissioner Fitzgerald did not think it made any difference. The majority
agreed to reverse the order of the Pledge of Allegiance and Invocation on the agenda.
"
ITEM 1158 - Adiournment
The meeting adjourned at 1 :04 a.m., January 20, 1995.
ATTEST: ~~~ie~"..<P'"
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