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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
March 2, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, March 2, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
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/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Clerk
Board Reporter
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The Mayor called the meeting to order. The invocation was offered by Reverend
Dick Church of Calvary Baptist Church. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Civil Service Board - Annual Report
John Doran, Chair of the Civil Service Board (CSB), noted two of the members are
selected by City staff, two by the City Manager, and the fifth member is selected by the
other four members. The CSB has three maiar functions: 1) make final determinations of
penalties in employee disciplinary actions; 2) provide advice and counsel on all aspects of
Human Resource's administration; and 3) conduct public hearings on proposed changes to
Human Resource policies. The Civil Service covers all City employees except the City
Commission, the City Manager and her assistants, the City Attorney and her assistants,
department directors and their assistants, and division managers. After reviewing policies,
the CSB held a public meeting in February 1994, and recommended adoption of a number
of changes with which the City Manager concurred. The most significant change was the
adoption of open certification by which all passing candidates are certified to a department
for hiring consideration.
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In the past year, the CSB reviewed two appeals of employee suspensions and
concurred with the findings and conclusions of the Hearing Officer and recommended
acceptance of the City imposed penalty. During the past year, the CSB reviewed one
appeal of an employee dismissal and recommended a modified penalty from dismissal to
suspension. The CSB communicated information on employee concerns regarding the new
Police Headquarters' building to management. The CSB has expressed concerns regarding
the length of time it takes for the Hearing Officer process.
At its last meeting, the CSB addressed two questions posed by the Commission: 1}
Is there a need for Hearing Officers and 2} Is there a need for Civil Service? The CSB's
consensus was in preference of the Hearing Officer process with the board's
recommendation that changes be affected to make the procedure more timely. The CSB's
consensus was that Civil Service is needed. Civil Service provides the means by which
adherence to merit principals can be assured and through which grievances can be
resolved in a process and manner satisfactory to the employee and the employer. While
unions do provide a means for resolution of grievances, many City employees are not
covered by union contract. Mr. Doran said a Civil Service system based upon the principle
of merit is a key element in the checks and balances of the public interest.
Mr. Doran expressed the board's appreciation to Human Resources Director Mike
Laursen, Assistant City Attorney Miles Lance, and Debbie Ford, Staff Assistant III, who
records the board's deliberations. The Mayor thanked Mr. Doran and members of the CSB
for their volunteer work.
,""",, ITEM #6 - Aooroval of Minutes
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Commissioner Berfield moved to approve the minutes of the regular meeting of
February 16, 1995, as recorded and submitted in written su.mmation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM 117 - Citizens to be heard re items not on the Agenda
Dan Moran referred to Sonny LaRossa who leads the World's Youngest Jazz Band,
a group of children, ages 7 - 12. The band has been invited to perform in July at Europe's
largest international jazz festival in Montreux, Switzerland. Mr. Moran said this appearance
will make Clearwater internationally famous and recommended supporting the band and
taking advantage of this trip to promote and market the City and beach. He recommended
presenting a City Proclamation to Mr. La Rossa and his band and giving them promotional
material on Clearwater for distribution abroad. Mr. Moran stated the World's Youngest
Jazz Band is the first children's band invited to participate in this event. The trip's cost is
estimated at $35,000. Fundraisers will be held over the next few months. He requested
the City appropriate funds to ease the financial burden. He said he would hate to see the
trip cancelled because of a lack of community support.
Mayor Garvey hoped the private sector will support this effort. She said the City is
working with Mr. LaRossa regarding gifts and other items. She invited those interested in
additional information to call City Hall.
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Charles Marcus read his March 1, 1995 letter to the City Manager expressing
concern regarding an alleged threat on his life. The City Attorney said all information has
been forwarded to the State Attorney's Office where they are taking the actions they
consider appropriate. Mr. Marcus indicated he replied to a letter he had received from the
State Attorney but has not yet received a response. The City Attorney indicated sha had
no further information regarding steps the State Attorney's Office plans to take. Mr.
Marcus questioned how the State Attorney's Office obtained his home phone number. The
City Attorney indicated she did not know. Mr. Marcus said his wife had requested a copy
of an investigation report sent to Bernie McCabe. The City Attorney said the City has no
investigation report. The City Manager recommended Mr. Marcus contact the State
Attorney's Office as the City does not have copies of their reports. Mr. Marcus questioned
why the City did not request the State Attorney's Office to investigate this incident. The
Mayor indicated this type of request is beyond the realm of the City Commission. Mr.
Marcus said if the City Attorney formally asked the State Attorney's Office to investigate,
that investigation would receive priority treatment. The Mayor recommended Mr. Marcus
schedule an appointment to speak with the City Attorney. Mr. Marcus requested the City
Manager formally request the State Attorney's Office to investigate his allegations. The
City Attorney stated that would not be appropriate. The City has forwarded the
information to the State Attorney's Office and they are investigating.
Ken Rosenow, on behalf of Clearwater beach small hotel owners, thanked the
Commission for their sponsorship of Sunsets at Pier 60. He referred to the February 27,
1995 Commission meeting. when several small hotel owners reported problems regarding
the promotion of Clearwater beach. He referred to Fodor's Travel Guide, 1994 Florida
edition, and its description of Clearwater beach as Ma popular hangout for teenagers and
college students on a narrow island between Clearwater Harbor and the Gulf. It is
connected to downtown Clearwater by Memorial Causeway. Facilities include Marina,
concessions, showers, rest-rooms and lifeguards." He noted Fodor's acknowledgement in
the guide's forward lists the Florida Department of Tourism and locally, the Convention &
Visitor's Bureau (CVB), as their information source. He did not know if the eVB had
provided this information.
Bob Wrlqht indicated he had addressed the City Commission three times in 1994,
regarding the potable water supply. After the last discussion in October 1994, Tom Burke,
of Camp Dresser & McKee, Inc., asked Mr. Wright's help in contacting the member
associations of the Coalition of Clearwater Homeowners. Staff was to come back with a
Phase I study for reclaimed water use. Mr. Wright said he had proposed a five-year plan
using reclaimed water that meets Clearwater's need to be self sufficient. He expressed
concern regarding the City's vulnerable position and predicted a project would take almost
two years to complete. He urged the Commission to make this issue a number one priority
and requested it be agendaed as soon as possible for a Thursday Commission meeting.
Shirlev Moran applauded the City Commission for their perseverance and
enforcement of the sign ordinance. She said she was not enthralled with the idea when
the ordinance was first enacted. Now that she sees the positive changes, she likes it.
David Camcbell said the City has done a super job addressing the signs and other
clutter, such as pennants. He expressed concern that merchants are trying to find loop
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holes now that the amortization period is ending. He noted Carlisle has affixed huge price
tags on their cars. Windows on fast food chain restaurants are filled with florescent signs.
He indicated he had tracked down the person responsible for the 3.5 square foot signs,
appearing on posts throughout the City, advertising credit cards.
Permitting Director Scott Shuford commended Mr. Campbell's considerable effort in
tracking down the responsible contractor. The Community Response Team (CRT)
contacted the contractor who is immediately ceasing further distribution of these signs.
The signs will be gone within three weeks. Mr. Campbell said no City department stands
out more than the CRT in terms of efficiency and getting the job done. He said the
merchants' attempts to discover loopholes has created a workload that exceeds the CRT's
capacity. Mr. Campbell recommended transferring staff to temporarily assist the CRT.
Elise Winters thanked the Commission for allowing the Downtown Development
Board (008) more time to address concerns.
Dennis Henegar requested information regarding: 1) if OOB membership is limited to
downtown property owners; 2) if this district taxes residential property; and 3) a receipt for
taxes on Pierce 100. He believes Pierce 100 is west of the tax district's boundaries.
PUBLIC HEARINGS
ITEM #8 - (Cont'd from 01/19/95) Variance(s) to Siqn Reaulations for property located at
467 Mandalay Ave., Clearwater Beach Park 1 st Addition, Blk. B, N 15' of Lot 26 & all of
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The City Manager reported the applicant has requested that this item be withdrawn.
ITEM #9 - (Cont'd from 02/16/95) Variance{s) to Sign Regulations for property located at
430 S. Gulfview Blvd., Lloyd-White-Skinner Sub., Lots 33~35 & part of 36 (HBE Florida
Corp./Adam's Mark Hotel, SV95-10HCP)
The applicant requests a six square foot area variance to allow a freestanding sign
with an area of 56 square feet. The subject property, on the west side of 5 Gulfview Blvd.
south of Fifth St., is zoned Resort Commercial-28. The variance is requested to permit the
existing sign to remain.
According to the applicant, this sign was designed in August 1992, when the
allowable sign Brea was 56 square feet. On September 27, 1992, the City decreased the
allowable sign size to 50 square feet. On November 24, 1992., the City received a sign
permit application for a 56 square foot sign. The application was modified to reduce the
sign's area and a permit was issued for a 50 square foot sign on December 14, 1992. On
September 22, 1994, sign inspectors measured the sign and calculated the area of the
freestanding sign to be 56 square feet.
Staff feels special circumstances favor variance approval. The sign does not
substantially deviate from the code; the impact of variance approval will not be great and it
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is improbable any difference in size between this sign and those conforming to the 50
square foot limit could be detected. The hardship to the applicant to alter the sign weighs
heavily in comparison to the public benefit derived from a six square foot decrease.
Mr. Shuford recommended a condition for approval that if the sign is damaged or
destroyed in excess of 50%, it will be replaced with a conforming sign.
Bill Bretches, representative for the applicant, verified pictures of the property
presented him by Mr. Shuford. He indicated the sign, designed in August 1992, was
delivered to the Largo sign company who applied for the permit. Although the City advised
the sign company of required changes, the sign company did not reduce the sign's size as
promised or inform the hotel of the discrepancy. Mr. Bretches said the hotel acted in good
faith. He felt the additional six square feet do not interfere with other businesses or create
an eye sore.
Commissioner Thomas moved to approve an area variance of six square feet from
the permitted 50 square feet to allow a freestanding sign with an area of 56 square feet, at
430 S. Gultview Boulevard for meeting Sec. 45.24 Standards for Approval, items (1 H4)
and a condition that the sign will be replaced with a conforming sign if it is damaged or
destroyed in excess of 50%. The motion was duly seconded and carried unanimously.
ITEM #1 0 ~ Variance's) to Sian Reaulations for property located at 249 Windward Passage,
Sec. 8~29-15, M&B 13.07 {Clearwater Marine Science Center, Inc., SV95-11 )(CP)
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The applicant is requesting an area variance of 122.3 square feet to allow 186.3
square feet of attached signs and a variance of two wall signs to allow five wall signs.
The subject property, north of Memorial Causeway and west of Island Way, is south of
Windward Passage and zoned General Commercial. The variance is requested to permit
the existing attached signs to remain.
The Clearwater Marine Science Center has five wall signs, all on the building's
south face, oriented to Memorial Causeway. The number of signs is nonconforming and
the maximum area for attached signs in this zone is 64 square feet. The area of the
Marine Science Center signs is 186.3 square feet, approximately triple the code allowance.
Staff feels special circumstances exist that support granting the requested
variances. The Marine Science Center does not have public street frontage in a
conventional manner because of its location at the end of a IoIstub" street. The only
reasonable way to identify the center is by orienting signs on the property's south side to
the Causeway, 250 feet from the property Hne and 300 feet from the building. If signs
were placed in accordance with the code allowances, a 64 square foot freestanding sign
and 64 square feet of attached signs would be permitted. This signage would not
adequately identify the use because the signs would have to be viewed from afar.
Placement of a freestanding sign on the waterfront would degrade the appearance of the
area. Considering the property's location, the lack of an adjacent public street, the
absence of a freestanding sign, and the distance from which the signs must be viewed,
staff feels the variances are necessary to make reasonable and appropriate use of the
property.
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Scott Shuford, Director of Central Permitting, indicated he is recommending
approval, with the condition that no freestanding signs oriented to the southerly direction
be permitted.
Harry Cline, representative for the applicant, verified pictures of the property
presented him by Mr. Shuford. He stated the structure was built in 1957 to serve as a
City sewage treatment facility before the Marine Science Center (MSC) took over the
building in 1984. He noted the tile seahorses, included on the original structure, are
counted as signage although they do not resemble the center's logo. Jim Graham,
president of MSC, said the seahorses originally were added for decoration. Mr. Cline said
the sea horses are a historic part of the building they seek to preserve but should not count
toward the center's sign allowance.
Mr. Cline pointed out the building is 300 feet from the Causeway, a 45 mph
corridor. The center does not stand out and visitors must look for it. He said the center is
non profit and is not requesting the signage for economic benefit. The signags will not
impact the surrounding community and there is no problem with establishing a precedence
as there are no similar circumstances in the City. He felt the Center meets the code in all
respects and indicated the staff recommended conditions are acceptable. He reported two-
thirds of MSC's 1,000 members live in Clearwater. Most attendees are not Clearwater
residents. Mr. Cline said it is important for the center to be visible because they depend on
gate receipts. He said the words II Aquarium" and "Museum" are necessary so visitors
know the center is not an educational facility.
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Commissioner Thomas questioned the size bonus that would apply if the distance
between the center and Causeway were land instead of water. Mr. Shuford indicated the
center would be permitted 144 square feet, less than what is requested. He suggested
considering the seahorse issue. Commissioner Thomas felt the bonus should apply
because the center's setback from the road is similar to that of a shopping center.
Commissioner Thomas moved to approve the following variances: 1) an area
variance of 122.3 square feet from the permitted 64 square feet to allow 186.3 square
feet of attached signs and 2) a variance of two wall signs to allow fivB wall signs at 249
Windward Passage for meeting See,. 45.24 Standards for Approval, items (1 )-(4), subject
to the following condition: No freestanding sign, oriented in a southerly direction, shall be
placed on this property. The motion was duly seconded and carried unanimously.
ITEM #11 - Variance(s) to Siqn Regulations for property located at 110 S. Ft. Harrison
Ave., John R. Davey's Resub., Blk. B, S 1/2 Lot 11 & Lots 12-20 (Peace Memorial Church,
SV95-13HCP)
The applicant is requesting a variance to allow a 70 square foot, six foot high,
freestanding sign with a five-foot setback in a zone where freestanding signs are not
allowed. The subject property is located on the northwest corner of S Ft. Harrison Avenue
and Pierce Street in the Urban Center (Core) zoning district. The variance is requested to
permit replacement of the existing sign.
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A low, 27.8 square foot, V-shaped sign presently identifies Peace Memorial Church
in addition to a 24 square foot message board. The applicant proposes to remove and
replace these signs with a single V-shaped sign that includes the church's name and a
massage board.
Staff feels special circumstances give rise to granting this variance. Most churches
in the City are allowed comparable size freestanding signs. A code amendment has been
prepared for the City Commission that will allow freestanding signs on some Downtown
properties if approved. On March 21, 1994, the City Commission and staff constructed
the framework for permitting freestanding signs in Downtown on properties with buildings
located at least 15 feet from the right-of-way. A 64 square foot sign would be allowed for
properties over an acre in size, and a 24 square foot sign would be allowed for properties
less than one acre. The Peace Memorial Church does not mElet the 15-foot setback
because the northernmost building is locnted adjacent to the 5 Ft. Harrison Avenue right-
of-way. Nevertheless, the church does have a sizeable front lawn that can comfortably
accommodate a freestanding sign. The area of the property is 1.67 acres, enough to
qualify for the larger sign size if a freestanding sign is allowed. Considering the property
size, the existence of a front lawn, and the fact that other churches are permitted
comparable signs, staff feels the requested variance satisfies the standards that govern
variance approval.
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Mr. Shuford pointed out the V-shape doubles the sign's size when compared to
normal signage. Richard Cornwell, representative for the applicant, verified pictures of the
property presented him by Mr. Shuford. Mr. Cornwell indicated they wish to modify the
existing sign and are entitled to a 24 square foot bulletin board. They chose to incorporate
all signage into one unit. He noted the changeable board's size is dependent on the size of
available letters. He requested 4B feet of actual signage and noted the building's
architecture ties into the sign. He noted the nearby county building has a freestanding
sign. H
Commissioner Berfield moved to approve a variance to allow a 70 square foot, six
foot high freestanding sign with a setback of five feet in a zone where freestanding signs
are not allowed on property at 110 S Ft. Harrison Avenue for meeting Sec. 45.24
Standards for Approval, items <1 H4}. The motion was duly seconded and carried
unanimously.
ITEM II 12 - Public Hearing & First Readina Ord. II 5771-95 - R M-B Zoning for property
located at 1550-1570 Jasmine Way, Druid Groves, Blk. A, Lots 7-12 & vacated r-o-w
adjacent to west side of Lot 12 (Clearwater Community Hospital, Z94-1 5)(CP)
The City Manager indicated this issue was continued by the Planning & Zoning
Board which requires the City Commission continue their action.
Commissioner Berfield moved to continue this item until April 20, 1995. The
motion was duly seconded and carried unanimously.
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ITEM #13 - Second Readina Ords. #5743-95.#5744-95 & 5745-95- Annexation & Land
Use Plan Amendment to Residential/Office/Retail for Haas Sub., Lots 3-8 and Blackburn .
Sub., part Lot 3 & abutting r-o-w for Lawson Rd. & Haas Ave.; CPO Zoning and Final Site
Plan for Haas Sub., Lots 1-8 and Blackburn Sub., Lot 3 (24244 US 19NHRidge Haven
Associates, Ltd., A94-28, LUP94-32)
The subject property is north of Sunset Point Road on the west side of US 19N.
The applicant is annexing the westerly 360 feet of Ridge Haven Trailer Park and combining
it with the easterly 200 feet of the mobile home park to form a Commercial Planned
Oevelopment. The development will have a 42,933 square foot main building and a 3,255
square foot out-building. The main building will have setbacks of 50 feet from Lawson
Road, 20 feet from Haas Avenue, and approximately 288 feet from US 19N. The out-
building will have a setback of five feet from the south property line with a setback from
the center line of US 1 9N of 226 feet.
All property within the proposed planned development has a Countywide Future
Land Use Plan Classification of Residential/Office/Retail. The City and County also have
the same classification for the portions under their jurisdiction. The City portion is zoned
Highway Commercial while the County portion is zoned Commercial Parkway District. It is
proposed to assign a City Future Land Use Plan Classification of Residential/Office/Retail to
the annexed property, the same classification as the portion in the City. Proposed zoning
for the entire parcel is Commercial Planned Development.
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The Florida Department of Transportation (FOOT) has included an overpass at
Sunset Road and US 19N in its work program. Right-of-way acquisition is programmed
over a four year period beginning in FY 1996/97. Without a major program revision,
construction would not take place until the turn of the century. Part of the subject
property along US 19N is expected to be acquired for this work. The applicant has
discussed their proposed access from US 19N with FOOT and has received a preliminary
evaluation that the access indicated on the site plan is acceptable to FDOT.
Signage recommended by staff and the Planning and Zoning Board will permit one
freestanding sign on Haas Avenue and one on US 19N limited to a maximum area of 150
square feet and maximum height of 20 feet, unless the US '19N sign is allowed a height
bonus due to overpass construction. Freestanding signage on Lawson Road shall be
limited to one sign oriented perpendicular to Lawson Road with a maximum area of 11 2
square feet and a maximum height of 20 feet. To protect residential uses across Lawson
Road, this sign's north side shall not be illuminated. The main building shall not have any
signage on the west side (Lawson Road), but would be permitted signage on the south
side. On the east side facing US 19N, the main building shall be permitted 300 square feet
of attached signage.
For attached signage, staff notes the main building is setback between 288 and
296 feet from US 19N. Such a setback would normally allow 262.5 square feet of
attached signage based on 150 square feet of permitted signage plus a 75% distance
bonus. Staff recommends 'Jsplitting the difference" between 262.5 square feet and the
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337.5 square feet that would have been allowable if the building met a 300-foot setback.
The applicant has revised the signage request for the outbuilding. Previously the Planning
& Zoning Board concurred with limiting attached signage to 1.5 square feet per lineal foot
of frontage, up to a maximum of 150 square feet for the north, east and west sides of the
building, with no signage on the south side. The applicant desires signage of up to 60
square feet on the outbuilding's south side with no signage on the west side. Signage on
the east side would be limited to 60 square feet. These signage limitations are shown on
the site plan. Staff has no objection to the applicant's proposal.
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The entrance from Lawson Road at the property's southwest corner has been
widened to provide easier truck access to the rear of the main building. The applicant has
agreed to improve Lawson Road from the entrance to Sunset Point Road. The applicant
has also agreed to improve Haas Avenue by placing a two-inch asphalt overlay from US
19N to Lawson Road. On February 2, 1995, the Development Review Committee
reviewed the site plan and recommended these changes. Conditions for approval of the
site plan are: 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 minimum
turning radius for designated drives and fire lanes shall be 42 feet; 4)?rior to certification, a
copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review
and Environmental Management; 5) Prior to the issuance of a building permit, a copy of the
approved SWFWMD permit is to be provided to Engineering Site Plan Review and
Environmental Management; 6) Prior to issuance of a certificate of occupancy, Lawson
Road from Sunset Point Road to and including the drive at the southwest corner of the
property shall be improved to a Structural Number of 2.5 minimum; 7) 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; 8) A fire department connection shall be
installed a minimum of 5 feet from the structure, adjacent to a paved drive and within 30
feet of a fire hydrant assembly; 9) FOOT approval of proposed access to US 19N shall be
obtained prior to certification of the site plan; 10) All driveways being closed shall have
pavement removed and area sodded; 11) Prior to certification, a landscape plan shall be
submitted to Environmental Management; 1 2} The appllcant shall contact Parks &
Recreation for the required recreation/open-space assessment fee, which shall be paid prior
to certification of the site plan; 13} The site plan shall show the correct square footage of
building coverage for pre-development conditions including the coverage for mobile homes;
and 14} A Unity of Title shall be recorded with Pinellas County Official Records prior to
issuance of any building permit.
On January 10, 1995, the Planning and Zoning Board unanimously recommended
approval of annexation, Zoning Atlas Amendment to Residential/Office/Retail, Zoning Atlas
Amendment to Commercial Planned Development.
Florida State Statutes place special requirements upon mobile home park owners
and governmental agencies when rezoning mobile home park property and/or ramoving
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mobile home owners (F.S. 723.081 & 723.083). Staff feels these requirements have been
satisfied by the applicant. The applicant notified the City that he had obtained purchase
agreements from more than 90% of the mobile home owners and provided a report listing
mobile home spaces available in the general area where remaining mobile home owners
can relocate.
Commissioner Fitzgerald moved to approve the Petition for Annexation, Future land
Use Plan Amendment to Residential/Office/Retail for Lots 3 through 8, Haas Subdivision
and lot 3, Blackburn's Subdivision, less the east 200 feet thereof, together with the
abutting right~of-way of Lawson Road and the right-of-way of Haas Avenue from its
intersection with Lawson Road to US 19N and Zoning Atlas Amendment to Commercial
Planned Development and Final Site Plan for Lots 1 through 8, Haas Subdivision and lot 3,
Blackburn's Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5743-95 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5743-95 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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The City Attorney presented Ordinance #5744-95 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5744-95 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.
The City Attorney presented Ordinance 115745-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5745-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
n Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #14 - Public Hearino & First ReadinQ Ord. #5765-95 - LOCA rescinding existing Sec.
36.038 eliminating the North Greenwood Design Review Committee; creating Sec. 36.038
to establish a design review board, establishing powers, duties and jurisdiction for board
(LOCA 95-01 HCP)
This amendment to the land Development Code establishes a Design Review Board
(ORB) for nonresidential sections of Clearwater beach (as an implementation measure of
the Clearwater Beach Blue Ribbon Task Force Report), for Oowntown Clearwater (to
o
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facilitate implementation of the design grant programs), and for the N Greenwood
Commercial District (to facilitate implementation of the design grant and zoning incentive
programs). This ordinance replaces the N Greenwood Oesign Review Committee
regulations and establishes a seven-member board to implement existing design guidelines
or those to be developed by the Board, including the Tropical Seascape design guidelines
for Clearwater beach.
tU}'."
The scope of the ORB's review will be limited to building plans for new buildings,
building additions and facade alterations requiring the issuance of building permits, and
sign plans for which sign permits are required or requested. The ORB will provide policy-
type input on design and development issues on Clearwater beach, Downtown, and N
Greenwood and develop design guidelines.
If this ordinance is adopted, the N Greenwood Design Review Committee will need
to be abolished by resolution.
Mr. Shuford said the ORB will provide input regarding the creation of design
guidelines for these areas: The N Greenwood Oesign Review Committee developed design
guidelines for N Greenwood and the Downtown Partnership Design group developed
guidelines for downtown. A group representing the Chamber of Commerce and Clearwater
Beach Association has drafted design guidelines for Clearwater beach. The design
guidelines will be brought back to the Commission for approval of the standards by which
the DRB will operate. The tropical seascape theme will be mandatory on the beach; the
designs will be voluntary in N Greenwood and downtown. Properties receiving building
'~~\ grants must meet design guidelines. The DRB will review plans to ascertain if projects
'....j meet design guidelines.
John Doran said he has been involved with the tropical seascape theme for a long
time and recommended approval of this amendment.
Commissioner Fitzgerald questioned if design guidelines on Clearwater beach would
be mandatory. Mr. Shuford indicated they would. The Mayor questioned what would
happen if a beach property owner does not want to comply. Mr. Shuford indicated the
ordinance allows the property owner to come back before the ORB to have the plans
approved. He indicated more than 100 permits approved for properties on Clearwater
beach last year would require design guideline review once the ordinance passes. He said
the ORB will have a substantial workload.
Commissioner Berfield questioned what recourse the property owner has if the ORB
denies design approval. Mr. Shuford said the owner would go back to the ORB. He said it
is important ORB maintains its authority to make final decisions. Some subjective
decisions will be made and a "give and take" between the applicant and the board must
occur.
Mayor Garvey questioned if the Commission wants the design guidelines on
Clearwater beach to be mandatory. Mr. Shuford said it was important the Commission
establish how the guidelines will be applied.
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r'''. >,
Commissioner Thomas questioned if the City Commission has the right to approve
guidelines established by the ORB. Mr. Shuford indicated the ORB will make
recommendations but design guidelines for each area shall be established by resolution of
the City Commission. He said the guidelines will be specific enough to show what is
desired but flexible enough to anow creativity.
Commissioner Thomas questioned the recourse of a property owner who differs
with the ORB regarding interpretations of the design guidelines. Mr. Shuford said the
applicant can appeal to the court. Commissioner Thomas said he wanted the applicant to
have the ability to appeal to the City Commission before being required to go to court.
Mayor Garvey said she does not agree that appeals to other boards should normally be
handled by the City Commission but recognized this is a fledgling concept, requiring
Commission oversight.
Commissioner Berfield suggested the applicant be required to appear before the ORB
twice before coming to the City Commission. Mr. Shuford agreed with establishing a
minimum number of appeals to the ORB. He recommended applicants appealing to the City
Commission first be required to make three good faith efforts to the ORB prior to appealing
to the City Commission. Commissioner Thomas agreed with requiring three submittals to
the ORB. Mr. Shuford said staff will establish a fee schedule similar to ones established for
requests for conditional uses and variances. He said a resolution amending the fee
schedule and resolution disbanding the N Greenwood Design Review Committee will be
included in this item when it comBS back for second reading.
Commissioner Serfield questioned if one fee will cover the application and all
appeals. Mr. Shuford indicated it will. Commissioner Berfield questioned if a time limit
has been established to require ORB action. Mr. Shuford said if the ORB does not provide
a reason for approving or denying a plan within 45 days of the plan's submission to the
Central Permitting staff, the plans will automatically be approved and staff will issue
permits, even if there is no indication the design IS in keeping with the design guidelines.
Commissioner Berfield questioned if all appeals would have to occur within the 45-day
period. Mr. Shuford said if the ORB advises an applicant to make specific changes within
45 days of submittal, the time frame has been met.
Mayor Garvey Questioned what would happen if the DRB gives no direction and
staff indicates the design is poor. Mr. Shuford said the permits would be issued.
Commissioner Berfield questioned if staff will make recommendations to the applicant
before the applicant's appearance before the ORB. Mr. Shuford said Central Permitting will
have a great deal of "hands on" activities regarding design guidelines. He indicated the
need to hire a staff member with technical abilities to address the design guidelines.
Commissioner Thomas expressed concerns regarding the cost factor. He noted the
design guidelines relate to signs, facades, additions and new buildings. He expressed
concern that the design review fee not be too high. He suggested the rate reflect the
complexity of each project. He requested staff give thought to this concern and analyze
the fees. Mr. Shuford indicated a first reading could not be considered tonight because of
necessary adjustments to the appeal section.
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.. '> . ., ..' ..' .' , . .. . . ." \ ." . . ... ,.... .' .' . ': ' " .:
.. ""'"' Commissioner Deegan questioned where the draft ordinance indicates which design
guidelines are mandatory and which are voluntary. Mr. Shuford said the draft ordinance
does not include those limits as the guidelines themselves will establish the limits. He
recommended establishing an administrative bypass level for simple approvals such as
painting. Commissioner Deegan recommended the ordinance designate where design
guidelines are mandatory and voluntary.
Commissioner Deegan noted not all renovations or improvements require building
permits that must go through the ORB. He questioned the smallest renovation that would
require a review. Mr. Shuford indicated the design guidelines focus on exterior
improvements and must be clearly identified in the design guidelines. Many improvements
not visible to the roadway could be approved without ORB review. Interior improvements
not directly affecting a structure's exterior can be approved.
Commissioner Thomas questioned if the design guidelines will address exterior
paint. Mr. Shuford said they can. Commissioner Thomas noted garish colors are
sometimes used on building exteriors and questioned how the permitting policy will trigger
a limitation of the use of gaudy colors. He noted permits are not presently required to
paint. Mr. Shuford indicated some adjustments will have to be made depending on the
design guidelines established. The N Greenwood Design Review Committee developed
design guidelines with a Caribbean flavor. Designs for downtown are more-eclectic as no
dominant architectural theme has been adopted. Mr. Shuford said the ordinance includes
an escape clause that states if a structure is determined to be "character defining for an
area, H it can be approved.
~~d .......
\
~j Commissioner Thomas said if painting does not trigger the need for a permit, he
recommended staff address that issue. Mr. Shuford indicated he would. The City
Manager requested the item be withdrawn as it will come back as a new ordinance.
Commissioner Thomas moved to withdraw the item referencing a Oesign Review
Committee. The motion was duly seconded and carried unanimously.
ITEM #15 - Public Hearino & First Reading Ord. #5767-95 - Relating to standard codes for
building regulations, amending Ch. 47 to update city code with 1994 editions of standard
codes (CP)
The proposed ordinance updates the building, plumbing and mechanical editions of
the Standard Codes enforced by the Central Permitting Department and amends the
sections of the administrative chapter of the Standard Codes that apply to the City.
Florida's Department of Community Affairs requires all local governments to use these
updated codes. The codes were reviewed by the Pinellas County Construction Licensing
Board (PCCLB) which required all member governments to adopt the updated codes by
March 31, 1995. On November 15, 1994, the PCCLB adopted these editions of the
Standard Codes.
The PCCLB was established by a special act and is governed by Chapter 75-489,
Laws of Florida. The Board regulates contractors within the County and establishes
building and life safety construction codes used in the County. The Board consists of 20
. "-"
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members, including Clearwater, St. Petersburg and Pinellas County building officials. Other
Board members are architects. contractors, fire officials and building officials from two
other cities.
The major change to the codes involves creating consistency in code organization
across the State. After adoption of these updates, Clearwater's code will be consistent in
its organization with Pinellas County governments and other Florida cities and counties.
The change will improve the City's customer service with contractors and developers from
across the State.
The Mayor questioned if any of the proposed changes are of concern to the
Commission. Vie Chodora, Assistant Oirector of Central Permitting, said the ordinance
updates the building, plumbing and mechanical editions of the Standard Codes.
'-)
Commissioner Thomas questioned if the words in City code exactly follow Pine lias
County's codes. Mr. Chodora said everything in the body of the code is the same, except
the administration section. Commissioner Thomas said a contractor had indicated the City
interprets the codes regarding screen enclosures differently than the County. While the
City mandates light switches and electrical controls on exterior screen doors, no other'
County jurisdiction has the same requirement. Mr. Chodora said the National Electric Code
states that all exterior doorways are required to have a light. The City has been mandating
this requirement for a long time. Mr. Shuford indicated he had investigated this issue and
found the City's mandate is practical and consistent with other County jurisdictions. Staff
has requested the licensing board to rule on this issue. Commissioner Thomas said he has
never seen a birdcage's screen door with a light switch. Mr. Chodora said a light switch is
not required for every screen door installation. If other light sources are available. the City
would not require another one. He noted builders can appeal staff decisions to local
building boards. Mr. Shuford said this ordinance does provide consistency with local
standards. '
Commissioner Deegan noted the reason for updating the Standard Codes of
Clearwater's code is to improve customer satisfaction by making the codes consistent in
organization with Pinellas County and other Florida cities and counties. He questioned if
Mr. Chodora is a member of the County's Licensing Board. Mr. Chodora indicated he is.
Commissioner Deegan questioned if Mr. Chodors had opposed any of the recommended
changes. Mr. Chodora said he had not.
Commissioner Berfield moved to approve the amendments to Chapter 47, Buildings
and Building Regulations, City Code of Ordinances. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5767-95 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5767-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayesu: Fitzgerald, Berfield, Oeegan, Thomas and Garvey.
t'Naystl: None.
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Public Hearino . Second ReadinQ Ordinances
ITEM #16 - Ord. #5683-95- LOCA rB Wetland Area Setbacks, amending Sec. 42.28 to
require vegetative buffer setbacks adjacent to "Jurisdictional Wetlands" under jurisdiction
of the State of Florida
The City Attorney presented Ordinance #5683-95 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5683-95 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 # 1 7 - Ord. #5713-95 - LDCA re neon lighting, illuminated area of signs & sign bases,
amending Sees. 44.05,44.51,44.55 & 44.57
This item was withdrawn as it was denied during first reading on February 16,
1995.
ITEM #18 - Ord. #5740-95 - LDCA re temporary commercial parking lots, amending Sec.
41.171
The City Attorney presented Ordinance #5740-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5740-95 on
':) second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
ttNays": None.
ITEM #19 - Ord. #5751-95 - Relating to Downtown Oevelopmsnt Board; amending Sec.
2.145 to remove City Clerk as election supervisor and specify the Board use an
independent firm
The City Attorney presented Ordinance #5751-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5751-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan, Thomas and Garvey.
"Nays": Fitzgerald.
Motion carried.
ITEM #20 - Ord. # 5753-95 - Relating to Downtown Development Board; amending Sec.
2.150 to remove the power of the Board to receive proceeds of certain ad valorem tax;
repealing Sec. 2.151 which authorized the levy of ad valorem tax; repealing Sec. 2.152
which provided for millage limitations
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Commissioner Berfield moved to continue this item until March 16, 1995. The
motion was duly seconded and carried unanimously.
ITEM #21 - Soecialltems of widesoread Dublic interest - None.
ITEM #22 - Citizens to be heard re items not on the Aaenda
Anne Garris said her friend signed papers last week to build a new house in N
Greenwood. The Clearwater Neighborhood Housing Service worked for two years, helping
this friend own her own home. Ms. Garris thanked the Commission and commended this
part of the City organization. She said this is one of the hidden things that go on in the
City. She said beautiful houses are popping up all over N Greenwood. She felt the Design
Review Committee will be an asset for N Greenwood.
Ms. Garris said it is exciting how Clearwater beach and downtown are beginning to
sparkle. She commended the efforts of the Community Response Team. She applauded
the City Commission for insisting the City have good code enforcement. She noted
parking has reappeared on Cleveland Street thanks to a single Commission vote. She said
it was admirable the Commission was willing to stick out their necks regarding the
Harborview Center, which provides something for everyone. She recommended City
residents get behind the Harborview Center. She said the Commission is doing a great job.
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Tom Sehlhorst thanked Commissioner Fitzgerald for serving on the Commission. He
disagreed with the decision to schedule the Invocation before the Pledge of Allegiance.
Mr. Sehlhorst noted 70% of the residents in the Infill Commercial zone by N Myrtle and N
Ft. Harrison have incomes below the poverty level and the unemployment rate is high.
Although the City has developed three economic plans, nothing has happened. He hoped a
new Commission would reflect a new attitude.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-25) - Approved as submitted
ITEM #23 - Preliminarv Site Plan for ReliQious Community Services (RCS) EmergenCy
Housing Project located at 1552 & 1558 S. Myrtle Ave.; approve transfer of development
rights for 4 residential units; approve 2% Open Space/Land Dedication Fee in lieu of land;
and return final site plan to Commission for approval subject to conditions tRCSHCP)
ITEM #24 - Preliminarv Site Plan for Pace Tech. Inc. located at 510 N. Garden Ave.; accept
an Open Space fee in lieu of land dedication; authorize ORC to approve the final site plan
subject to conditions (Bilgutay)(CP)
ITEM #25 - Preliminary Site Plan for Racetrac Petroleum. Inc. located on N side of Gulf to
Bay Blvd., approx. 530' E of Hampton Rd.; accept fee to meet Open Space/Land
Dedication requirement; and authorize DRC to approve the tinal site plan subject to
conditions (McGoldrickHCP)
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f"'".~~' ';
. --'\
Commissioner Thomas moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 - Res. #95-19 - requesting FOOT to change status of on-street parking on
Cleveland Street from temporary to permanent (EN)
At the City's request, the Florida Department of Transportation (FOOT) authorized a
two-year trial period for on-street parking on Cleveland Street Oowntown beginning
January 31, 1994. On-street parking was requested to promote pedestrian activity and
assist in the redevelopment of the Central Business District core.
A trial period condition established by FOOT was to conduct a 12-month follow-up
"Level of Service" study that uses a qualitative measure of traffic flow represented by the
effect of the factors: speed and travel time; traffic interruption; freedom to maneuver;
safety; driving comfort; and convenience. The study results indicate no significant change
in the level of service during the first 12 months.
The City Engineer and Traffic Engineering Department support the request to FOOT
to make on-street parking on Cleveland Street permanent and a permitted use.
i....~" \
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Mayor Garvey questioned what data justifies continuing Cleveland Street parking.
She noted the report indicates no significant change in the level of service has occurred.
City Engineer Rich Baier distributed a highway capacity analysis of 21 intersections that
indicates the level of service is essentially the same as it was previously. The intersections
of Cleveland/Myrtle and Cleveland/Osceola are operating at a level of service one step
lower than predicted. Several intersections are operating at a higher level than projected.
The analysis is not based on the peak time of the year. The Mayor expressed concern
regarding the snail's pace of traffic on Cleveland Street. Mr. Baier indicated the sign at the
apex directing traffic downtown was added at the request of downtown merchants.
. !
The Mayor questioned how the City will control traffic when half the lanes on the
Memorial Causeway bridge Bre closed. Mr. Baier indicated he will present plan options to
the Commission on March 13, 1995. He felt the vitality of Downtown has improved since
parking was returned to Cleveland Street.
Commissioner Berfield moved to request FOOT to change the status of on~street
parking on Cleveland Street Downtown from temporary to permanent. The motion was
duly seconded.
Commissioner Deegan noted the level of service was below projections at two
intersections, but better than projected at three. He said during most of the day, traffic
moves freely past his Cleveland Street office.
Commissioner Thomas said this action was the single best thing the Commission
did to initiate the revitalization of downtown.
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(".f1.... ',' '.
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Upon the vote being taken, Commissioners Berfield, Fitzgerald, Deegan and Thomas
voted" Aye"; Mayor Garvey voted "Nay." Motion carried.
The City Attorney presented Resolution #95-19 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-19 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Barfield, Deegan and Thomas.
"Nays": Garvey.
Motion carried.
ITEM #27 - First Quarter 1994/95 BudQet Review
Budget Director Tina Wilson said the First Quarter Budget Review covers three
months' activity, October 1994 to Oecember 1994. An amendment to the General Fund
operating budget of revenues and expenses totals $609,364. The primary amendment
reflects the settlement funds in the amount of $415,000 from the GTE revenue audit, and
non-departmental expenditure amendments reflect the transfer of these funds to the
Capital Improvement Fund to establish a project to fund technology needs in the Municipal
Services Complex.
"''''')
'-
Other than a few small amendments, the only other significant revenue adjustment
is the appropriation of $190,7140f prior year retain earnings to provide funding for the
Bordner study ($20,000), Fire and Library parking Jots ($23,567), matching funds for the N
Greenwood Neighborhood Community Response program ($50,000), Rising Stars and
Youth diversion programs ($5,370), the Community Outreach program ($23,762), and the
Vision Cable consulting contract ($39,000).
Other program amendments include the elimination of the Emergency Operations
program and the transfer of these duties to the Fire Suppression program and the FTE
position to the Central Permitting program. The Youth Services and Adult Services
programs in the Library have been combined into one program entitled IiPublic Services."
Water revenues and expenditures reflect the effects of decreased customer demand
and other related savings in water inventory purchases from Pinellas County. No budget
amendments will be recommended for these items until midyear when several additional
months of data will be available for analysis.
All anticipated revenues from the Gas System expansion into Pasco County are
eliminated due to the territorial dispute with People's Gas, resulting in a budget decrease of
$1,475,000. Gas Fund program expenditures are reduced by $1,387,998 reflecting
numerous line item adjustments associated primarily with the reduction in debt and
operating costs due to the delay in the Pasco expansion.
,
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.1".' .
Recycling Fund revenues and expenditures wore amended by Commission approval
of Opportunities 1 and 3 of the revised Recycling Business Plan on January 17, 1995.
These amendments provide for the expansion of services to unincorporated County
residents and the expansion of multifamily and commercial recycling customers through the
hiring of a temporary sale person.
Bridge toll revenues are tracking slightly higher than anticipated although no revenue
adjustment is recommended. All other Fund revenues are approximately as anticipated.
Program expenditures arB increased by $25.000, reflecting the transfer of Bridge Fund
revenues to the Capital Improvement project for the Clearwater Pass Bridge construction to
provide funding for the permitting and construction of a ferry dock to be used during bridge
construction.
Marina slip rentals and gas & oil sales are slightly higher than anticipated although
no revenue adjustment is recommended. All other Fund revenues are approximately as
anticipated. Program expenditures are increased by $9,360, reflecting the transfer of
Marina revenues to the Special Program Fund, representing matching funds for the "Clean
Vessel Grant" to provide for the installation of a stationary central vacuum system for boat
sewage.
()
'='I~<
Parking Fund receipts are r,lightly above estimated collections. These revenues are
not amended until further analysis at midyear. Parking Fund revenues increased by
$21,000, reflecting CRA funding for the Garden Ave. Garage. which in error, was not
included in the original 1994/95 Parking Fund revenues. Program expenditures are not
amended at first quarter.
No budget amendments are proposed for the Pier 60 Fund.
The Harborview Center budget reflects anticipated funding for design and marketing
of the planned convention center and other facilities. No budget amendments are proposed
for the Harborview Center Fund.
All Internal Service Fund revenues are approximately as projected at first quarter.
Program expenditures' amendments reflect the Garage Fund contract for maintenance for
generators and blowers approved by the Commission on November 14, 1994, and capital
software purchases for the in-house administration of workers' compensation, property,
and liability claims approved by the City Commission on January 17, 1995.
The amendments to the Capita/Improvement program total a net increase of
$6,637,341. Capital amendments include the establishment of the Pinellas Gas bond
expansion projects, additional funding for the Memorial Causeway Feasibility study,
funding to complete the Countryside Recreation Center, and funding to complete the
Harborview Center. These items were previously approved by the Commission. The only
significant amendments not approved by the Commission include the establishment of a
project in the amount of $415,000 to provide funding for technological needs at the new
Municipal Complex. This project is funded by General Fund revenues representing the fees
recovered under the GTE audit.
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Staff recommended a project for the purchase of the CSX station property on East
Avenue for $ 150,000 and minimal funding of $25,000 for the construction of a temporary
ferry dock to used during bridge construction.
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Commissioner Thomas moved to approve the 1994/95 First Quarter Budget
Amendments. The motion was duly seconded and carried unanimously.
a) First Reading Ord. #5777-95 - operating budget amendments
The City Attorney presented Ordinance #5777-95 for first reading and read it by
title only. Commissioner Oeegan moved to pass Ordinance #5777-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) First Reading O~d. #5778-95 - capital improvement program budget amendments
The City Attorney presented Ordinance #5778-95 for first reading and read it' by
title only. Commissioner Fitzgerald moved to pass Ordinance #5778-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Oeegan, Thomas and Garvey.
~~)
"'-'
"Nays": None.
ITEM #28 - Other Pendina Matters
a} (Cont'd from 02/16 & 02/27/95) Selection of energy system for Municipal Services
Building & Police Department
~I. >
The City Manager withdrew this item.
The Commission recessed from 8:08 to 8: 19 p.m.
b) East End Project Feasibility Study
The City Manager said Kimberly Enterprises is developing studies for the East End
project. Part of the letter of intent's requirement was that the City has the right to agree
to the firm or persons Kimberly Oenise chooses to perform the feasibility study.
Information Ms. Denise provided regarding Pannell, Kerr and Forster and their scope of
services was submitted to the City's consultant, Oavid Cardwell. Mr. Cardwell indicated
the City needs to amend the letter of intent. The. new date for completion of the feasibility
study will be April 30, 1995.
Commissioner Berfield questioned the blank space on the agreement. The City
Attorney indicated a specific date will fill that space.
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Commissioner Thomas questioned what the Commission is approving. The City
Manager said the request is to approve a 30-day extension.
Commissioner Thomas moved to extend the date for completion of the east end
feasibility study until April 30, 1995. The motion was duly seconded.
Commissioner Deegan noted a letter had been distributed from Ms. Denise
answering other questions the City had previously asked.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas moved to approve the hiring of Pannell, Kerr and Forster to
complete the East End Feasibility study. The motion was duly seconded.
Commissioner Fitzgerald noted a March 1, 1995 letter referred to a bond offering.
The City Manager indicated that reference applies to Ms. Denise and any financing she
may need to arrange for her development. Commissioner Fitzgerald wanted the record to
be clear that this approval does not support a bond issue.
Upon the vote being taken, the motion carried unanimously.
CITY ATTORNEY REPORTS
ITEM #29 - First Readina Ordinances
<:)
a) Ord. #5779.95 - Amending Sec. 6.21 to create a new definition of alcoholic beverages
The City Attorney presented Ordinance #5779-95 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5779-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
UAyes": Fitzgerald, Berfield, Oeegan, Thomas and Garvey.
"Nays": None.
b) Ord. #5780-95 - Amending Art. II of Ch. 22, to create Sec. 22.59 prohibiting the
possession of alcoholic beverages on park property
The City Attorney presented Ordinance #5780-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5780-95 on first reading.
The motion was duly seconded.
Commissioner Fitzgerald noted the ordinance forbids the possession of alcoholic
beverages, closed or open, on park property. He expressed concern that those who walk
through a park on their way home from a grocery store would be violating the law if their
purchases include a six-pack of beer. The City Attorney indicated that was technically
correct. Commissioner Fitzgerald questioned the ordinance's intent. The City Attorney
indicated problems have been reported involving vagrants sitting in parks with unopened
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containers of alcoholic beverages. The Police cannot want for the container to be opened.
Commissioner Fitzgerald questioned who brought this item forward. The City Attorney
indicated the Police department requested this ordinance so they can take action if .
necessary.
--
. ,
Upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
c) Ord. #5781-95~ Amending Art. I of Ch. 21, to create Sec. 21.16 to provide for a
definition of solicitor and to prohibit solicitors from entering a private residence posted with
a "No Solicitation" sign; providing an exemption
The City Attorney presented Ordinance #5781 ~95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5781-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naystt: None.
ITEM #30 - Resolutions
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a) Res. #95-20 - Demolition Lien ~ 1451 S. Madison Street, Duncan's A. H. Resub., part of
Lot 11 less street (Graham)
The City Attorney presented Resolution #95~20 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-20 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.
b) Res. #95-21 - Demolition Lien - 1132 Palm Bluff Street, Greenwood Park No.2, Blk. F,
Lot 49 (CNHS, Inc.)
The City Attorney presented Resolution #95-21 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #95-21 and authorize the
appropriate officials to execute same. The motion was duly seconded.
Mayor Garvey questioned why the owner of this property is listed as Clearwater
Neighborhood Housing Service. Staff will investigate.
Upon roll call, the vote was:
,
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
c) Res. #95-22 - Oemolition Lien - 1215 N. Ft. Harrison Avenue, Enghurst Addition to
Clearwater, Lot 7 Orle)
The City Attorney presented Resolution #95-22 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-22 and authorize the
appropriate officials to exeGute same. The motion was dulV seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
d) Res. #95-23 ~ Demolition Lien - 1009 N. Garden Avenue, J. J. Eldridge Sub., Blk. D,
part of Lots 36 & 37 (Cromeadie)
The City Attorney presented Resolution #95-23 and read it by title only.
Commissioner Oeegan moved to pass and adopt Resolution #95-23 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, Bertie/d, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1131 - Other Citv Attornev Items - None.
ITEM 1132 - City Manager Verbal Reoorts
Conference Aoproval
The City Manager requested permission to attend a three-day conference called
"Share the Innovations that Work - Transforming Local Government" in Long Beach,
California to meet one of her goals. The registration fee is $295. The City Manager
indicated she will miss the May 1, 1995 Commission meeting.
Consensus was to approve the City Manager's attendance at the conference.
Dessert Stand Business Ooportunitv Notice
The City Manager presented copies of the four-color Dessert Stand Business
Opportunity Notice to be distributed to area restaurants, ice cream and yogurt companies.
These efforts are to generate interest and attract an ice cream vendor for the roof of the
Marina. Commissioner Thomas said the City should include graphics on all RFPs. The
Commission was pleased with product.
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Pier 60 Pool
The City Manager reported the Parks & Recreation Department is beginning to
receive requests for information regarding summer programs at the Pier 60 pool. She
requested confirmation that no summer programs are planned at the Pier 60 pool as it is
scheduled to be demolished after spring break. The Commission confirmed that plan.
Utilitv Building
The City Manager recommended the Utility Building be demolished as no offers or
interest in purchasing it have been received. Commissioner Berfield questioned if the
Chamber of Commerce indicated they are not interested in the property. The City Manager
said the Chamber submitted a list of items that had to be met or the Chamber would no
longer be interested in pursuing an agreement.
Commissioner Fitzgerald questioned if the building could be sold "as is." The City
Manager said the City has advertised the property with signs and newspaper
advertisements for several months. Commissioner Fitzgerald did not think a couple of
months was a long time to have a commercial property on the market. The Mayor
questioned how long the property should be on the market before the Commission reaches
a decision. Commissioner Deegan said the site is attractive and recommended waiting.
Commissioner Fitzgerald suggested waiting at least six months. Commissioner Thomas
recommended waiting at least 12 months as the delay is not costing the City anything.
The City Manager said she will continue marketing the property.
{;:;> Mayor Garvey questioned why the City Manager addressed the issue. The City
Manager indicated the City had been prepared to raze the building when the Chamber
expressed interest. She reported the Red Cross requested use of the building for storage
for their car seat program. Mayor Garvey expressed concerns regarding liability issues.
The City Manager recommended against approval of this request.
Commissioner Thomas noted staff's proposal for a downtown lake in the area of
this property. He recommended staff come forward with plans. The City Manager
indicated those plans are part of the capital program and will be addressed within several
months.
Mayor Garvey questioned if a time frame should be identified. Commissioner
Serfield suggested addressing this issue when the capital program comes forward.
Commissioner Thomas questioned the sale price the City is requesting. The City
Manager indicated she will forward that information to the Commission.
Transfer of business functions to the Downtown Develooment Board
The City Manager requested direction regarding whether the City's budget office is
to continue to provide services to the Downtown Development Board (DDB).
Commissioner Thomas said the Commission had directed that the DDB should be totally
responsible for themselves. Mayor Garvey questioned if the Commission wants to give
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that direction before taking action regarding the taxing district. Commissioner Thomas said
this relates to how the DOB functions as a business. The Mayor recommended continuing
this discussion after the Commission addresses the funding issue.
Commissioner Deegan questioned if the DDB's funds are commingled with City
funds. The City Manager said the DDB has a separate fund but the banking account is the
same. Commissioner Deegan noted DDB has had problems with their financial procedures.
He reported at the last DDS meeting, the Downtown Clearwater Association questioned if
checks would be forthcoming so funds needed to pay for various activities would be
available. He reported yesterday, the City's Finance Department received the voucher for
tomorrow's concert. He felt it would be less of a problem if the City did not handle the
DOB's banking.
Commissioner Barfield questioned if the City Manager could recommend a date
when the change could take place. The City Manager estimated the DOB would need two
or three months for transition. Commissioner Berfield noted the DDB will have worked on
their own for several months before their budget process begins for the next fiscal year.
Mayor Garvey pointed out if Ordinance #5753-95 passes on March 16, 1995, the
OOB will have no funds. Commissioner Berfield said that was not necessarily true. Some
may donate funds to the organization. Mayor Garvey said the DDS would not have a
funding source identified and guaranteed.
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Commissioner Thomas moved to direct the City Manager to establish a SO-day
transition period during which the DDS will become totally responsible for all its business
functions. The motion was duly seconded. Upon the vote being taken, Commissioners
Berfield, Deegan and Thomas voted NAye"; Commissioner Fitzgerald and Mayor Garvey
voted "Nay." Motion carried.
Schedulina soecial meetings
The City Manager requested the City Commission bring their calendars to the March
6, 1995 Strategic Planning meeting to schedule future special meetings.
ITEM #33 - Commission Discussion Items - None.
ITEM #34 - Other Commission Action
Commissioner Deeoan questioned reports regarding the parking lot at the North
Greenwood Branch Library which was striped to provide two handicapped spaces and two
regular ones. Mr. Baier indicated that is the normal rate of handicapped spaces for a IJse
similar to this. Ms. Rice reported staff is working with the School Board, owner of the
adjacent property, to develop a joint use agreement to build a parking lot. The library
branch has inadequate parking. Commissioner Oeegan noted library patrons are parking on
the grass, a practice the City is trying to discourage. He also noted access problems when
the street is designated one-way.
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Commissioner OeBoan reported he had been advised that tokens for the Sand Key
Bridge are being sold in $5 lots rather than $10. He heard complaints that unused tokens
will not be refunded once the toll is removed. Ms. Rice replied that staff is addressing this
issue. Commissioner Deegan requested staff establish procedure to deal with surplus
tokens once the new bridge is operational.
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Comtnissioner Fitzgerald referred to a letter from Mr. Jonson to the Chair of the
County Commission regarding the conversion of nonconforming billboards to multi.prism
signs. Commissioner Deegan and Mr. Shuford indicated they have requested clarification.
Commissioner Fitzgerald reported the Mayor's Council expressed ,concerns and is sending a
letter to County Administrator Marquis regarding the interpretation that permitted the signs
to be converted. The Mayor's Council's understood these types of signs were prohibited.
Mayor Garvey questioned how the 'County's interpretation affects the City's sign
ordinances. Mr. Shuford said the City can be more stringent than the County.
Commissioner Berfield requested the City Attorney clarify the ballot question
regarding roll call as some believe approval will result in votes not being recorded. Ms.
Akin indicated votes will still be recorded but there will not be a calling of the roll.
t,:)
Mavor Garvev reported the City Clerk had reminded her the rule to allow 10 minutes
for comments by the representative of a group was deleted and all speakers are limited to
three minutes.
Mavor Garvev announced npaint Your Heart Out Clearwater" will be held on March
11,1995.
ITEM #35 - Adjournment
The meeting adjourned at 8~59 p.m.
ATTEST: ~?: ~
City Clerk
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