04/06/1995 (2)
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COMMISSION
City Commission Minutes
Date
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, April 6, 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 8131462.6684.
1. Invocation 1. Pastor Sue Gamelin, St. Paul's Lutheran
2. Pledge of Allegiance Church.
2. Mayor.
- Farewell to Commissioners - Appreciation gifts presented.
Fitzgerald & Deegan
Oath Administered to Commissioners
Dallmann & Johnson
Oaths adminstered.
3. Service Awards
4. Introductions and Awards
5. Presentations
a) John Doran - Sunsets at Pier 60 -
Request to extend
6. Approval of Minutes - Regular Meetings
I 3113195 & 3116195 and Special Meetings
316195 (strategic planning) & 3115195
(canvass)
7. Citizens to be heard re items not on the
Agenda (maximum of 30 minutes)
3. None.
4. Proclamations:
Secretaries Week - 4123-29195
Public Safety Telecommunications Week -
419-1 519 5
Arbor Day - 4/22195
Community Development Week - 419-15195
Library Week - 419-15195
5. a) Approved extension.
6. Approved as submitted.
7. David Grice requested review of seizing
houses being used for drug trade.
Expressed concern re the Enterprise zone's
impact on his neighborhood.
Bob Merkle thanked Police & Fire
Departments for their services.
Dennis HeneQar questioned fire inspection
write off on a joie that had no permit. Also
questioned DDB election process.
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance public hearings:
- Staff states and summarizes reasons for recommendation (2 minutes).
- Applicant presents case. Witness may be cross-examined (15 minutes).
- Staff presents further evidence. May be cross-examined (10 minutes).
- Public comment (3 minutes per speaker).
- --'41619 5
? City Commission discussion, and may question any witness.
- Applicant may call witnesses in rebuttal (5 minutes).
- Conclusion by applicant (3 minutest.
- Decision.
8. Variance(s) to Sign Regulations for property 8. Approved variance of 90' to allow an
located at 18421 US19N, Sec. 20-29-16, auxiliary freestanding sign 210' from the
M&B 33.03 (Wendy's International, SV95- primary freestanding sign subject to: the
16) (CP) menu sign & temporary window signs shall
be brought into compliance.
9. Variance(s) to Sign Regulations for property 9. Approved variance of 1 auxiliary sign with
located at 18"573 US 19, Sec. 20-29-16, an area of 75 sq.ft., 16' height & setback
M&B 33.021 (Home Shopping Network 12' to allow a 2nd auxiliary sign subject to:
Realty/The Old New York, New York, the entrance signs shall be brought- into
SV95-19)(CP) compliance.
10. Variance(s) to Sign Regulations for property 10. Continued to 514195.
located at 2475 Sunset Point Rd., Sec. 6-
29-16, M&B 42.01 (AmSouth Bank of
Florida/Pinellas Community Bank, SV95-
18)(C12)
11. Variance(s) to Sign Regulations for property 11. Continued to 514195.
located at 202 Windward Passage, Island
Estates of Clearwater, Unit 5, Blk D, Lots
10-13, part of Lot 9, & vacated street on N
fil"?A & S (High and Dry Marina, Inc., SV95-
15)(CP)
12. Variance(s) to Sign Regulations for property 12. Continued to 514195.
located at 2495 Gulf to Bay Blvd., Sec. 18-
29-16, M&B 42.01, 42.02, 42.08 & 42.09
(SCBS Ltd./Builder's Square, SV95-17)(GP)
* Application being revised - Cant. to
514195
Administrative public hearings:
- Presentation of issues by City staff.
- Statement of case by applicant or representative (5 minutes).
- Commission questions.
- Comments in support and in opposition (3 minutes per speaker).
- Commission questions.
- Final rebuttal by applicant or representative (5 minutes).
- Commission disposition
13. Public Hearing & First Reading Ords. 13. Approved. Ords. #5796-95, #5797.95 &
#5796-95, #5797-95 & #5798-95 - #5798-95 passed 1 st reading.
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1701 St. Croix Dr., Virginia
i`6-' 4/6/95 2
S Jx4'Y:? i a
-? Groves Terrace, Fifth Addition, Blk D, Lot 1,
0.19 acres m.o.l. (Nenadovich, A94-30,
LUP94-36)(CP)
14. Public Hearing & First Reading Ords.
#5799-95, #5800-95 & #5801-95 -
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1748 Ragland Ave., Clearwater
Manor Sub., Lot 53, together with abutting
r-o-w of Ragland Ave. (Downin, A94-29,
LUP95-35)(CP)
15. Public Hearing & First Reading Ord. #5788-
95 - Vacating 10' east/west alley lying in
Blk E, Plaza Park Addition, subject to City
retaining a full width drainage & utility
easement (City, V95-01)(CP)
16, Public Hearing & First Reading Ord. #5789-
95 - Vacating westerly 5' of E 10'
easement lying in Lot 99, Woodgate of
Countryside - Unit Two, less southerly 5'
(Gauthier/Callahan, V95-02)(CP)
17. Public Hearing & First Reading Ord. #5790-
95 -Vacating 10' sanitary sewer easement
lying 5' each side of a line parallel to and
} xf 182' easterly of the northerly extension of
the west line of Blk 3, Town of Bay View
Sub. a/k/a McMullen's Sayview Sub.
(Meador, V95-03)(CP)
18. Public Hearing - Vacating section of Wood
Drive r-o-w, from Smallwood Circle to
Rosemere Road (LeConche, V95-05)(CP)
19. Public Hearing & First Reading Ord. #5766-
95 - LDCA re revisions to receipt and
referral and other related requirements
(LDCA95-05)(CP)
14. Approved. Ords. #5799-95, #5800-95 &
#5801-95 passed 1 st reading.
15. Continued to 4120195.
16. Approved. Ord. #5789-95 passed 1st
reading.
17. Approved. Ord. #5790-95 passed 1st
reading.
18. Continued to 5/4195.
19. Continued to 4120195.
Public Hearing - Second Reading Ordinances
20. Ord. #5768-95 - LDCA re Infill Commercial
District (LDCA95-02)
21. Ord. #5772-95 - Land Use Plan Amendment
to Commercial General for Loveland Sub.,
Lots 3 & 4, and part of Sec. 27-29-15, part
of M&B 21.011 (Barnett Bank of Pinellas
County, LUP94-34)
22. Ord. #5773-95- CN Zoning for Loveland
Sub., Lots 3 & 4, and part of Sec. 27-29-
4/6/95
3
20. Ord. #5768-95 adopted as amended.
21. Ord. #5772-95 adopted.
22. Ord. #5773-95 adopted as amended.
23.
24.
25.
26.
27.
I?28.
29.
30.
15, part of M&B 21.011(Barnett Bank of
Pinellas County, Z94-13)
Ord. #5774-95- Land Use Plan Amendment
to Preservation for a & b: a) Sec. 27-29-
15, part of M&B 21.01 1, b) Sec. 27-29-15,
part of M&B 21.01 & 21.01 1 (Barnett Bank
of Pinellas County, LUP94-33)
Ord. #5775-95- P Zoning for a & b; a)
Sec. 27-29-15, part of M&B 21.01 1, b)
Sec. 27-29-15, part of M&B 21.01 &
21.011 (Barnett Bank of Pinellas County,
Z94-14)
Ord. #5775-95 - CG Zoning for Loveland
Sub., Lots 19-21, part of Lot 18 & 22, and
part of Sec. 27-29-15, part of M&B 21.01
& 21.01 1 (Barnett Bank of Pinellas County,
Z94-12)
Ord. #5782-95 - LDCA re additional
permitted and conditional uses for the IL
Zoning District (LDCA95-04)
Ord. #5783-95 - Land Use Plan Amendment
to Commercial General for property located
in Lake Belleview Addition, Blk 1 Lots 1-22
and Blk 2, Lots 1-16 (re Lakeview Avenue
Zoning Study(
Ord. #5784-95- Cl Zoning for property
located in Lake Belleview Addition, Bik 1
Lots 1-22 and Blk 2, Lots 1-16 (re Lakeview
Avenue Zoning Study)
Ord. #5785-95 - Land Use Plan Amendment
to Residential/Office General for Loveland
Sub., Lots 14-17, part of Lot 18, and part
of Sec. 27-29-15, part of M&B 21.01 &
21.01 1 (Barnett Bank of Pinellas County,
LUP95-05)
Ord. #5786-95 - OL Zoning for Loveland
Sub., Lots 14-17, part of Lot 18, and part
of Sec. 27-29-15, part of M&B 21.01 &
21.01 1 (Barnett Bank of Pinellas County,
Z95-01)
23. Ord. #5774-95 adopted.
24. Ord. #5775-95 adopted.
25. Ord. #5776-95 adopted.
26. Ord. #5782-95 adopted.
27. Ord. #5783-95 adopted.
28. Ord. #5784-95 adopted.
29. Ord. #5785-95 adopted.
30. Ord. #5786-95 adopted.
31. - Special Items of widespread public interest - None.
32. Citizens to be ear re items not on the Agenda
David Camnobell requested the time be shown on the TV screen during the entire Commission meeting.
E
41619 5 4
(11S CITY MANAGER REPORTS
C AG DA (items #33-55F Approve as submitte less #s 38, 39 & 48.
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.
33. Purchase of chlorine in 1 ton cylinders from Van Waters & Rogers, Inc., Tampa, FL, for the
period 414195-2128196, at an est. $90,390 (FN)
34. Purchase of gas meters & regulators from: M.T. Deason Co., Inc., Birmingham, AL, at an est.
$39,060; National Meter Parts Inc., Lancaster, OH, at an est. $28,881; Equipment Controls Co.,
Norcross, GA, at an est. $81,577.62; Romet Limited, Missisaugs, Ontario, Canada, at an est.
$2,937; Fisher Controls International Inc. c/o Key Controls Inc., Tampa, FL, at an est.
$23,779.08, during the period 414195-413/96, for an est.total $176,234.70 (GAS)
35. Purchase of one 1995 Ford F-800, 1-ton container body truck from Carlisle Ford, St. Petersburg,
FL, for $43,850; financing to be provided under city's master lease-purchase agreement with
Barnett Bank of Pinellas County (GS)
36. Renew contract for equipment maintenance services for the high speed 5090 Xerox copier with
Xerox Corp., Tampa, FL, for the period 211195-1130196, for an est. $35,100 (IM)
37. Amendments to Pinellas Public Library Cooperative Interlocal Agreement (LIB)
38. Lease Agreement with Bruce Littler, Inc., for Marina building rooms 2, 2A & 3, for the period
511195-413012000, for $60,900 plus tax, plus an annual 5% CPI increase in the last 2 years of
the lease (MR) - APPROVED
{ ?391 Second Amendment to Lease Agreement with Bruce Littler, Inc., for Marina building room 4,
adding Yacht Brokerage to business use; sub-lease to Harbor Yacht Sales, Inc. (MR) -
APPROVED
40. Bus Shelter Agreement with Pinellas Suncoast Transit Authority (PSTA) authorizing City to
submit permits to FDOT for 3 bus shelters along SR60 (EN)
41. Contract to purchase Hampton Road r-o-w Parcel #002.1, a 24 month temporary construction
easement containing 6,620 sq.ft. (0.15 acres), m.o.l.; accept easement grant from Park Place
Building, Ltd., for a cost of $7,500 tEN)
42. Purchase of aluminum sulfate for the WPC Division from General Chemical, Parsippany, NJ, for
the period 4121195-2128/96, at an est. $53,760 (EN)
43. Purchase of sulfur dioxide for the WPC Division from PB&S Chemical Co., St. Petersburg, FL, for
the period 4/21/95-2/28/96, an an est. $58,750 (EN)
44. Contract for Sale of Real Property, Drew Park Sub., Lot 6, a/k/a 410 Vine Ave., to Clearwater
Neighborhood Housing Services, Inc., for $6,800 cash (EN)
45. Lease of portion of Curtis Fundamental/Clearwater Discovery Middle School Complex, on E side
of Halt Ave., N of Palmetto St., from Pinellas County School Board, for the period 5/1/95-
4130/96; sub-lease thereof to Religious Community Services, Inc. (EN)
46. Contract for Enterprise Road East Sanitary Sewer Rehabilitation to Madsen/Barr Corp.,
Longwood, FL, for $165,274 (EN)
47. Agreement with SWFWMD & Pinellas County to design & construct a watershed rehabilitation
project at Hercules Ave. & Allen's Creek (EN)
48. Contract for demolition of commercial structures at 1180 Russell St. (old Solid Waste Complex)
to Phoenix Wrecking Corp., Tampa, FL, for $79,793 (EN) - APPROVED
`~J 4/6/95 5
,.-'%, 49. Purchase of approx. 1,500 refuse containers (90-gallon) & misc. spare parts from Rotonics
Manufacturing, Inc., Bartow, FL, for the period 413195-412196, for $111,700 (SW)
50. Amendment to lease agreement with Jolley Trolley Transportation of Clearwater, Inc., reducing
number of unmetered parking spaces from 6 to 3 (CM)
51. Sanitary sewer lien agreement - 1812 Brentwood Dr., Lake Lela Manor First Add„ Lot 8 (Elliott)
(CA)
52. Sanitary sewer lien agreement - 3016 Carolina Ave., Bay View City Sub., Blk 5, Lot 8
(Wilkerson) (CA)
53. Sanitary sewer lien agreement - 1721 Lucas Dr., Virginia Grove Terrace 3rd Add., Blk 5, Lots 24
& 25 (Lemon) (CA)
54. Receipt/Referral - LDCA revising parking space formulae (LDCA94-28)(CP)
55. Receipt/Referral - LDCA re revision to the congregate care definition (LDCA95-09)(CP)
OTHER ITEMS ON CITY MANAGER REPORT
56. 5 year lease with the Greater Chamber of
Commerce of 1,008 sq.ft. office space
(m.o.l.) at Clearwater Beach Memorial Civic
Center, for nominal rent of $5 for lease
term (EN)
57, Harborview Construction Options (CM)
58. FY 1994-95 HOME Funding Agreement
with Pinellas County for funding to be
provided under the HOME federal housing
program (ED)
59. First Reading Ord. #5770-95 - Establishing
a Neighborhood and Affordable Housing
Advisory Board (NAHAB) (ED)
60. Revised Citizen Participation Plan for CDBG
Program, Emergency Shelter Grant (ESG),
HOME Program & State Housing Incentive
Partnership (SHIP) Program (ED)
61. First Reading Ord. #5802-95- Amending
Secs. 52.02 & 52.34, amending definition
of "Department", amending process for
receiving & scheduling appeals to the
56. Approved one year extension with
understanding Chamber & Clearwater &
Beach Tourism Council to work together to
try to reach mutually agreeable
arrangement.
57. Approved expansion of scope of work for
Harborview Center Phase 2 project
consisting of removal of 10 existing
columns from meeting room area of 3rd
floor for $175,0000 which includes
$12,000 professional fees, $9,000
contractor fees & $154,000 construction
costs, all in accordance with existing
contract with the architect & contractor;
authorized expenditure of $160,000 from
project's contingency fund within the
approved construction budget for purpose
of providing an additional escalator.
58, Approved.
59. Approved. Ord. #5770-95 passed 1st
reading.
60, Adopted revised plan.
61. Approved. Ord. #5802-95 passed 1st
reading.
?'?? 416195 6
?.? Development Code Adjustment Board (re
Tree Protection)(EN)
62. Res. #95-29 - changing portions of Spruce
Ave. & Railroad Ave. to Blanche B.
Littlejohn Trail (EN)
63. First Reading Ord. #5787-95 - providing for
assessment of 10°x6 surcharge on curbside
recycling provided to customers outside the
municipal limits of Clearwater (SW)
64. Community Relations Board - 1 appointment
(CLK)
65. Other Pending Matters
a) Worksession Procedures
62,
63.
64.
65. a) Continued to 4117195 - will be part of
Commission Rules discussion.
Res, #95-29 adopted.
Approved. Ord. #5787-95 passed 1 st
reading.
Reappointed Gay McGill.
CITY ATTORNEY REPORTS
66. Resolutions 66. a) Res. #95-24 adopted.
a) Res. #95-24- Demolition Lien - 525 &
527 E. Rogers St., Wallace's Add., Blk 2,
Lot 2 & 112 vacated alley (Wolfe)
67. Other City Attorney Items 67. None.
68. City Manager Verbal Reports 68. Consensus to approve City Manager's
suggestion that agenda packs be distributed
one week prior to worksession.
4/1 1195 Strategic Planning Session
cancelled. Rescheduled for 4/19195 at 4-6
p.m.
69. Commission Discussion Items 69. None.
70. Other Commission Action 70. Johnson questioned the impact of the court
ruling upholding City's requirement for
annexation in order to obtain sewer service.
Thomas announced he had purchased the
CSX depot in downtown Clearwater.
Dailmann stated he will be sending out his
comments re the Commission rules. He
questioned the vote re Item #57 and agreed
to let it stand as unanimous.
Garvey reported legislation re unfunded
mandates had passed. Questioned who
was to pay for the 5113195 Downtown
Partnership retreat. Costs are to be shared
by the partnership members.
71. Adjournment 71. 12;02 a.m. (4/7195)
4/6/95 7
i
CITY COMMISSION MEETING
April 6, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, April 6, 1995 at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Fred A. Thomas Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Michael R. Dallmann Commissioner-elect
J. B. Johnson Commissioner-elect
Absent:
Arthur X. Deegan, II Commissioner
Also present:
??tm 0?1)
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Pamela K. Akin City Attorney
Scott Shuford Central Permitting Director
Rich Baier City Engineer
Cynthia E. Goudeau City Clerk
Patricia Sullivan Board Reporter
The Mayor called the meeting to order. The invocation was offered by Pastor Sue
Gamelin of St. Paul's Lutheran Church. The Mayor led the Pledge of Allegiance.
Fprewell 19- Cgmmissioner Deegan
The Mayor read a statement from Commissioner Deegan thanking the citizens and
fellow Commission members. Farewell gifts will be forwarded to him.
Farewell to Commissioner Fitzgerald
Commission members presented farewell gifts to Commissioner Fitzgerald. He
thanked City employees, Commission members and his wife and spoke optimistically
regarding the City's future.
The Commission recessed from 6:18 to 6:25 p.m.
Commissioner Fitzgerald left the meeting.
mincc04a.95
1
04/06/95
S
r 1 Oath-of Office Adminislargd
r
The City Clerk administered the Oath of Office to Commissioners Dallmann
and Johnson. The Mayor introduced their family members who were present at the
meeting.
The Commission recessed from 6:28 to 6:35 p.m.
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 Award - None.
ITEM #4 - Injroductians and Awards
Proclamations: Secretaries Week - April 23 - 29, 1995.
Public Safety Telecommunication Week - April 9 - 15, 1995.
Arbor Day - April 22, 1995.
Community Development Week - April 9 - 15, 1995.
National Library Week - April 9 - 19, 1995.
ITEM- #5 - Presentations
a) John Doran - Sunsets at Pier 60 - Request to extend
}Ftt*?
On January 17, 1995, the City Commission agreed to cosponsor the "Sunsets at
Pier 60" for a trial period from March 1 to May 1, 1995. John Doran, a Trustee of the
Sunsets at Pier 60 Society, Inc., has requested: 1) extending City cosponsorship through
September 1, 1995, 2) continuing to waive parking fees for 20 spaces per evening; 3)
encouraging staff's assistance and advice; 4) continuing $1 per day blanket occupation
license; 5) allowing exhibition of a banner near the Causeway bridge; and 6) allowing
permanent exhibition of a flag or banner in the Pier 60 vicinity.
Departments who have extended services to "Sunsets at Pier 60" include: 1) Traffic
Engineering - 20 parking spaces valued at $100 per 5-day week; 2) Marine Department -
assistance provided within normal hours at no additional cost; 3) Parks & Recreation
Department - for the March 11 grand opening, the department provided the large reviewing
stand and electrical /sound services at a cost of $304. "Clean-up" has been provided
within normal department responsibilities, except 1.5 hours of overtime required for the
grand opening; 4) Police Department - two additional police officers worked with the
fireworks display at the grand opening. All other police services have been satisfied by
normal, routine patrols. The City Manager recommended the program be continued.
Commissioner Thomas moved to approve extending City cosponsorship of "Sunsets
at Pier 60" through September 4, 1995. The motion was duly seconded and carried
unanimously.
mincc04a.95 2 04/06/95
LIER MD.- v f
Commissioner Barfield moved to approve the minutes of the regular meetings of
March 13, 1995 and March 16. 1995, and the special meetings of March 6, 1995 and
March 15, 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 - i ize be heard r i m on h A n
David_Grice, President of the Drew and Plaza Park Homeowners Association,
thanked the City for designating Plaza Park as a Drug Free Zone. He requested the City
look into the legality of seizing property where drug sales occur. He said drugs are sold on
the sidewalk from neighborhood homes and indicated his group will start foot patrols to
deter buyers. Mr. Grice expressed concern that including the neighborhood in the
Enterprise Zone will impact them with increased commercial development and traffic. He
wished to preserve the integrity of the neighborhood. He reported the third annual picnic
will be held at 1:30 p.m. Sunday at Plaza Park.
Bob Merkl9 expressed his family's appreciation to the Police and Fire Departments
for their quick response to his recent accident. He complimented the professionalism on
the staff and noted they demonstrated a tremendous sense of community.
Dennis Henegar, as a member of the Code Enforcement Board, expressed concern
that a City fire inspector wrote off a back flow valve installed without a permit. He
expressed concern regarding the Downtown Development Board (DDB). He noted 64
` condominium owners in Pierce 100 do not pay taxes. He expressed concern that one
owner, who does not pay taxes, sits on the DDB. He questioned if ad valorem tax includes
intangibles. The City Attorney indicated it does not. Mr. Henegar requested a recount of
the last DDB election and survey. He felt not all the votes were legal and charged that
forgery and perjury had occurred. He questioned why Pierce 100 residents were allowed
to cast 108 votes.
PUBLIC HEARINGS
ITEM _#8 - Variance(s) to Sign Rpc ulalions for property located at 18421 US 19N, Sec. 20-
29-16, M&B 33.03 (Wendy's International, SV95-16)(CP)
The applicant is requesting a separation variance of 90 feet from the permitted 300
feet to allow an auxiliary freestanding sign 210 feet from the primary freestanding sign.
The subject property, north of Belleair Road on the east side of US 19N, is zoned
Commercial Center. The variance is requested to lower the existing freestanding sign and
replace the sign panel with a smaller one.
Staff recommends considering simultaneously the variance requested for New York,
New York (Item #9). On June 18, 1992, the City Commission considered whether
freestanding signs should be allowed on unplatted subdivided property in shopping centers.
The Commission adopted the following policy; If the property was subdivided before 1982
into not more than two parcels, the City accepts the division and permits signs on each
R` mincc04a.95 3 04/06/95
parcel. Prior to 1982, the original Grant Plaza ownership divided the property into three
parcels: 11 the shopping center; 2? New York, New York; and 31 Wendy's. Freestanding
signs are allowed based on the three parcels constituting a single property. With
approximately 600 feet of frontage on US 19N, two freestanding signs are permitted: A
150 square foot primary sign, and a 75 square foot auxiliary sign. The two properties,
Wendy's and New York, New York, request and need auxiliary signage. A variance is
needed for the Wendy's sign because it cannot meet the required 300-foot separation from
the primary sign.
Wendy's and New York, New York have agreed to follow staff's recommendation to
downsize the existing signs to conform to size and height requirements specified for
auxiliary signage. Only one auxiliary sign may be placed on this "property." New York,
New York has a companion variance application for a second auxiliary sign. Neither
property is automatically entitled to the one allowable auxiliary sign. Staff recommends
approving both properties for auxiliary signs.
Staff feels the request is for a minimum variance to accommodate a reasonable use
of this land. The Wendy's sign is at the north and of their ownership and cannot be moved
to achieve a greater separation from the primary sign. Denial of the variance would
eliminate Wendy's opportunity to maintain a freestanding sign on their ownership. To
preclude placement of a sign on this ownership would impose an unnecessary hardship
upon this applicant. Wendy's functions independently of the shopping center with
separate parking and a separate building. A landscaped buffer, protected with raised
curbs, physically divides the property from the shopping center parcel.
City records indicate the menu sign and temporary window signs do not conform to
code. Variance approval should be conditioned upon correction of these deficiencies.
Todd Pressman, representative for the applicant, verified pictures of the property
presented him by Central Permitting Director Scott Shuford. Mr. Pressman indicated
Wendy's is voluntarily reducing the size of their sign. He noted the store is independent
from the shopping center.
Commissioner Berfield questioned if more lots could be created in the shopping
center. Mr. Shuford said more lots could not be created without variances. Commissioner
Barfield questioned if the center could request more lots if this request is approved. Mr.
Shuford said they could not. Commissioner Berfield questioned if special circumstances
could affect the main sign listing the businesses in the shopping center. Mr. Shuford said
they could not.
Commissioner Berfield moved to approve a separation variance of 90 feet from the
permitted 300 feet to allow an auxiliary freestanding sign 210 feet from the primary
freestanding sign, on property identified as Section 20-29-16, M&B 33.03, for meeting
Sec. 45.24 Standards for Approval, items {1)-(4}, subject to the following condition: The
menu sign and temporary window signs shall be brought into compliance with the code.
The motion was duly seconded and carried unanimously.
k
mincc04a.95 4 04/06/95
IT9M # 9 - Variangg1s) to Sian ReasIlat,ions for property located at 18573 US 19N, Sec. 20-
29-16, M&B 33.021 (Home Shopping Network Realty/The Old New York, New York,
SV95-19)(CP)
The applicant is requesting a variance of one auxiliary sign with an area of 75
square feet, a height of 16 feet, and a setback of 12 feet, to allow a second auxiliary sign.
The subject property, north of Belleair Road on the east side of US 19N, is zoned
Commercial Center. The variance is requested to permit replacement of the existing
freestanding sign. Background information regarding this item is included in Item #8
above.
City records indicate the entrance signs do not conform to code. Variance approval
should be conditioned upon correction of this deficiency.
Jack. Miller, representative for the applicant, verified pictures of the property
presented him by Mr. Shuford. He said more than $1-million was spent on the parcel in
1992. He said staff had assured them that the variance would be approved if the request
for variance was filed at the same time as Wendy's request.
Commissioner Thomas moved to approve a variance of one auxiliary sign with and
area of 75 square feet, a height of 16 feet, and a setback of 12 feet, to allow a second
auxiliary sign, on property identified as Section 20-29-16, M&B 33.021 for meeting Sec.
45.24 Standards for Approval, items (1)-(4), subject to the following condition: The
entrance signs shall be brought into compliance with the code. The motion was duly
seconded and carried unanimously.
ITEM #10 - Variancefs) to Sign Regulatipns for property located at 2475 Sunset Point Rd.,
Sec. 6-29-16, M&B 42.01 (AmSouth Bank of Florida/Pinellas Community Bank, SV95-
1 SAM
Ed Armstrong, representative for the applicant, requested this item be continued.
Commissioner Barfield moved to continue this item until May 4, 1995. The motion
was duly seconded and carried unanimously.
ITEM #11 - V ri n Si n R lain for property located at 202 Windward Passage,
Island Estates of Clearwater, Unit 5, Blk. D, Lots 10-13, part of Lot 9, & vacated street on
N & S (High and Dry Marina, Inc., SV95-15)(CP)
The applicant sent a letter requesting this item be continued.
Commissioner Barfield moved to continue this item until May 4, 1995. The motion
was duly seconded and carried unanimously.
ITEM #12 - Variances o Sign Regulations for property located at 2495 Gulf to Bay Blvd.,
Sec. 18-29-16, M&B 42.01, 42.02, 42.08 & 42.09 (SCBS Ltd.IBuilder's Square, SV95-
17)(CP)
t,
m1ncc04a.95 5 04/06/95
4.-11
Todd Pressman, representative for the applicant, requested this item be continued
?' I until May 4, 1995.
Commissioner Thomas moved to continue this item until May 4, 1995. The motion
was duly seconded and carried unanimously.
ITEM #1 - P i H rin First Reading Ords. #5726-95. #57 7-9 & #5798-95 -
Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property
located at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19
acres m.o.l. (Nenadovich, A94-30, LUP94-36)(CP)
The property is on the northeast corner of SR 590 and St. Croix Drive,
approximately one-half mile east of US 19N. The applicant wishes to annex to obtain City
sewer service for a single family dwelling to be constructed under a County building
permit.
The subject property has a Countywide Future Land Use Classification of Residential
Low and City lots in the subdivision are zoned Single-Family Residential "Eight." Assigning
these same classifications to the applicant's property is proposed. The subject property
meets the dimensional requirements for Single-Family Residential "Eight" zoning.
On March 14, 1995, the Planning and Zoning Board endorsed the proposed
annexation.
Commissioner Berfield moved to approve the Petition for Annexation, Future Land
Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family
Residential "Eight" for Lot 1, Block D, Virginia Groves Terrace, Fifth Addition. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5796-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5796-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5797-95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5797-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5798-95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5798-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
mincc04a.95 6 04106195
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #14 - P li Hearing Fir i Ord . #5799-95, #5 0-9 & #5 -9 -
Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property
located at 1748 Ragland Ave., Clearwater Manor Sub., Lot 53, together with abutting r-o-
w'of Ragland Ave. (Downin, A94-29, LUP95-35)(CP)
The property, two streets east of Belcher Road and approximately 1,860 feet south
of Sunset Point Road, is an Ragland Avenue's west side. The applicants wish to annex to
obtain City sewer service for an existing home. Clearwater Manor subdivision has mixed
Future Land Use Classifications. The County portion has a CountylCountywide
Classification of Residential Urban. It is proposed to assign the subject property a Future
Land Use Plan Classification of Residential Low, the same as it presently has in the
County, and a zoning of Single-Family Residential "Eight," the same as other City lots in
Clearwater Manor. The property meets the dimensional requirements for a lot in the
Single-Family Residential "Eight" District. The segment of Ragland Avenue abutting the
property is in the County, and staff recommends annexing it with the property.
On March 14, 1995, the Planning and Zoning Board endorsed the proposed
annexation.
Commissioner Berfield moved to approve the Potition for Annexation, Future Land
Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family
Residential "Eight" for Lot 53, Clearwater Manor with the abutting right-of-way of Ragland
Avenue. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5799-95 for first reading and read it by
title only, Commissioner Johnson moved to pass Ordinance #5799-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5800-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5800-95 first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5801-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5801-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
`?-"? mincc04a.95 7 04/06/95
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
f
"Nays": None.
ITEM #-15 - Public-Hearing 1? Fir§t Reading Order#5788-95 - Vacating 10' east/west alley
lying in Blk. E, Plaza Park Addition, subject to City retaining a full width drainage & utility
easement (City, V95-01)(CP)
Mr. Shuford requested this item be continued to give staff time to complete follow-
up requested by the Commission.
Commissioner Thomas moved to continue this item until April 20, 1995. The
motion was duly seconded and carried unanimously.
ITEM-#1 6 - Public
Hea
ring & First Reading Ord. #5789-95- Vacating westerly 5' of E 10'
easement lying in Lot 99, Woodgate of Countryside - Unit Two, less southerly 5'
(Gauthier/Callahan, V95-02)(CP)
The applicant requests vacating the westerly five feet of a 10-foot easement lying in
lot 99, Woodgate of Countryside - Unit Two. A swimming pool and concrete deck, built in
1976, encroach 4.7 feet into the easement. The City has no existing utilities within this
easement. This petition has been reviewed by the appropriate departments concerned with
vacation of easements and there are no objections. Public utilities have reviewed this
request and have no objections.
Commissioner Berfield moved to approve the vacation of the westerly five feet of a
10-foot easement lying in Lot 99, Woodgate of Countryside - Unit Two, less the southerly
five feet. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5789-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5789-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #17 - Public Hearing. $! First Reading Ord. #5790-95- Vacating 10' sanitary sewer
easement lying 5' each side of a line parallel to and 182' easterly of the northerly
extension of the west line of Blk. 3, Town of Bay View Sub. a/k/a McMullen's Bayview
Sub. (Meador, V95-03)(CP)
The applicant proposes to vacate a 10 foot Sanitary Sewer Easement retained over
a sewer line when a 50-foot east/west nameless street was vacated in 1975. The sewer
line serviced a single family home and was connected to a sanitary sewer main on the
south side of Gulf-to-Bay Boulevard (SR 60). In 1991, the City had to abandon the
sanitary sewer main when FDOT widened SR 60 from US 19N to the Courtney Campbell
Causeway. A new sanitary sewer main was installed along Sayview Avenue and the
l
mincc04a.95 8 04/06/95
sewer line serving the single family home was relocated where an easement was not
required. The City has no existing utilities within this easement and no future use for it.
This petition has been reviewed by various City departments involved with
vacations and they have no objections. Public utilities were not involved with this request
because the easement was dedicated exclusively for the sanitary sewer line. Staff
recommends approval.
Mr. Shuford indicated this vacation has no effect of the pending rezoning request.
Commissioner Johnson moved to approve the vacation of a 10-foot Sanitary Sewer
Easement lying five feet on each side of a line parallel to and 182 feet easterly of the
northerly extension of the west line of Block 3, Town of Bay View Subdivision (aka
McMullen's Bayview Subdivision). The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5790-95 for first reading and read it by
title only. Commissioner Dalimann moved to pass Ordinance #5790-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #18 - Public Hearin - Vacating section of Wood Drive right-of-way, from Smallwood
f,. Circle to Rosemere Road (LeConche, V95-05)(CP)
The applicant requests the vacation of Wood Drive from Smallwood Circle to
Rosemere Road. The City has no plans to construct a road in this unimproved right-cf-
way. An undeveloped City park adjoins the right-of-way. The park's east end is low and
wet most of the year causing problems for lawn mowing tractors. Engineering is
considering this area for a detention pond. Pond construction would involve land
contouring with excavating or berming accomplished in the right-of-way. The Wood Drive
right-of-way is pivotal to the pond's design as a grass maintenance berm would allow
vehicle access along the pond's edge. Public utilities have reviewed this request and have
no objections.
Staff recommends denial of this request. Mr. Shuford said the City may need to
use the right-of-way for berming or a retention pond. He said property owners are
concerned about the setback requirements from a roadway that probably never will be
built. He said the properties could be treated differently and afforded lower setback
requirements by a declaratory ruling that the right-of-way is not a street for purposes of
setbacks. He said the applicant was not satisfied with that suggestion. He noted the
subject property is located in a low area. City Engineer Rich Beier said he would support
the vacation if he did not believe the City would need the property, which is slightly
upland. He said vacating the subject property would not be in the best interest of the City.
Bob Merkle, representing the applicant, distributed pictures of the subject property.
mincc04a.95 9 04/06/95
f-1.
He stated that City staff had urged the property owners to take this action two years ago
and read a portion of a letter from then Public Works Director William Baker indicating
vacation of the land appears to be appropriate. The wetlands extend beyond his fence line
and are home to transients and animals. He is unable to fence his property adequately to
contain his dogs. The property owners relied on staff's recommendation and now, at the
last minute, staff has indicated the City may need the property. He does not believe the
City will be able to construct a detention pond in that area. He indicated a river flows
westerly under the subject property. The Mayor said the City has verified there is an issue
here that needs to be reviewed and is looking for a way to work with neighbors. Mr.
Markle indicated many violations to code occurred in the past when these homes were
built. He said the neighbors wanted to get a variance from the right-of-way but were told
they could not do that. He said the neighbors have spent a great deal of money obtaining
a Unity of Title and petition to vacate as recommended by staff. If the City vacates the
property, the residents will lease it back to the City for 100 years at a $1. He requested
the opportunity to treat the 200 feet of land as if it is their property. He said 10 feet was
not adequate.
Mr. Baker said when he wrote the referenced letter, the City had no intention of
building a road. At that time, a Unity of Title seemed to be the best way to make certain
no lots were left inaccessible by a vacation of the road. In recent dealings with FDOT
regarding future construction on Drew and Highland Streets, the Engineering Department
has identified a possible need to build a detention pond. He suggested the City could
vacate the property but retain it as a drainage easement allowing the City the right to use it
to access any future pond that may be constructed. Mr. Markle said he just wanted to fix
the problem.
f -Hys,?
The Mayor recommended continuing the item to see if staff can reach a satisfactory
agreement with property owners. Mr. Shuford said a fence could be permitted at Mr.
Markle's property line and structures could be permitted within 10 feet of that line without
a vacation. Mr. Merkle indicated the Unity of Title has been completed. Mr. Merkle said
he had an additional concern as most of the right-of-way is "jungle"; he would like to clear
some vegetation without having to rely on the City.
Commissioner Thomas questioned if an agreement could be reached in 30 days.
Mr. Shuford said it could probably be reached in two weeks.
Commissioner Thomas moved to continue this item until May 4, 1995. The motion
was duly seconded and carried unanimously.
IT M ##19 - Public Hearin & Firs R din Ord. #5766-95- LDCA re revisions to receipt
and referral and other related requirements (LDCA95-05)(CP)
Staff has advised the Commission and advisory boards of the extremely time
intensive and complex code requirements involving "Receipt and Referral." Pursuant to
Commission direction, board comments, and the recommendations of the Code
Enforcement Review Task Force (CERTaF) and the Affordable Housing Advisory Committee
(AHAC), an ordinance has been prepared for consideration.
llwl? mincc04a.95 10 04/06/95
The ordinance does the following: 1) Eliminates the receipt and referral of certain
sized properties for site plan and subdivision plat review. Pursuant to City Commission
direction, the specific acreage has not been indicated in the ordinance. According to
recommendations by CERTaF and AHAC, staff recommends a minimum of 25 acres serve
as the "trigger"; 2) Eliminates receipt and referral of land use plan, annexation, and
rezoning requests. These requests would go immediately to public hearings before the
Planning & Zoning Board (P&Z) and City Commission; 3) Requires additional public notice
for site plans and plats; 4) Allows the P&Z to hear variance requests when variances are
associated with conditional use permits to streamline board review; 5) Eliminates the
preliminary and final site plan concept as all technical information is required to be shown
on site plans at the initial submittal stage; 6) Clarifies and revises submittal requirements
for land development concept plans, conditional use permits' site plans and variance site
plans; It also specifies when a change to a conditional use permit site plan would require
reconsideration of the conditional use permit by the P&Z; 7) Clarifies the Development
Review Committee role as a City staff board; 8) Transfers review of sign variances from
the City Commission to the Development Code Adjustment Board (DCAB); 9) Allows site
plan certification by the Central Permitting Department instead of the City Clerk, saving
time in the certification process; the City Clerk would still keep a copy of the certified site
plan as an official City record; and 10) Authorizes the City Manager to determine the land
or cash issue for the Parks & Recreation Impact Fee for sites not reviewed by the City
Commission.
DCAB reviewed this proposed ordinance and recommended approval subject to
deleting P&Z's review of variances associated with conditional use permits. DCAB felt
such variances would be infrequent, the two board arrangement provides "checks and
.,. balances," and P&Z would not be as familiar with variance standards of approval. Fees
could be adjusted to overcome any financial hardship caused by requiring applicants to
address two boards. DCAB also recommended a 25-acre minimum "cap" on site plans and
plats that go to the Commission. Should the workload associated with hearing regular and
sign variances become unmanageable for a volunteer board, DCAB suggests creating a
separate board for sign variances.
The P&Z recommended approval subject to a revision to subsection h to add the
words: "associated with a conditional use permit." The P&Z felt they should hear
variances to streamline the review process and reduce the potential for inconsistent
treatment of applications. The P&Z recommended a 25-acre minimum "cap" on site plans
and plats that go to the Commission.
Mr. Shuford pointed out these changes would represent a major change in the way
the City does business and customer service. He said the "Receipts and Referral"
procedure used by Clearwater is relatively unique. He said Land Development Code
Amendments will continue to go through the "Receipt and Referral" process. Applications
that include site plans, subdivision plats, rezoning requests, an annexation or land use plan
amendment will be processed by staff who will begin the public hearing process. He said
the Commission will review site plans and plats and have the opportunity to provide
comment. A public notification process will be added for site plans and plats whereby
subject properties will be posted with a sign describing plans and inviting the public to call
the Central Permitting Department with concerns and questions.
mincc04a.95 11 04/06/95
He referred to concerns regarding provision #4 that the P&Z hear variances
associated with Conditional Use permits. He indicated 10 cases since 1994 would have
been affected by this change. DCAB supports the ordinance except that provision. The
P&Z supports the ordinance, including provision #4. Mr. Shuford indicated the ordinance
also would transfer sign variance hearings back to DCAB. He felt the issues that most
concern the City Commission would still be addressed by the Commission. He indicated
the proposed revisions would save developers between 35 and 60 days.
Commissioner Thomas said he did not understand the total impact of the ordinance.
He expressed concern that transferring the City Commission's power to staff and boards
was a huge decision. He requested a list of how these changes would have affected all
rulings in the past two years regarding all ten points. The Mayor noted these changes
have been proposed at the Commission's direction. She questioned how many sign
variances are considered. Mr. Shuford said the number of cases would probably continue
with four or five per meeting.
Commissioner Johnson questioned how many Conditional Use permits have been
heard by the P&Z that included requests for variances. Mr. Shuford said 10 cases involved
both requests since 1994.
Commissioner Thomas questioned if the power of variances were transferred to a
board, where would the appellant action occur. Mr. Shuford indicated appeals would be
heard by a Hearing Officer. Commissioner Thomas indicated he did not believe in that
procedure. He felt the City Commission should act as the judicial body. Mr. Shuford said
there was Commission consensus regarding the City Commission hearing appeals to the
alcoholic beverage ordinance for a six-month trial period.
Commissioner Dallmann indicated he was ready to proceed tonight. He said the
Commission asked questions at the Work Session. He did not think additional historic
information would be helpful. Commissioner Dallmann disagreed with provision #4 and felt
DCAB should continue to hear variances. Mayor Garvey noted the proposal was to put all
site plan issues before one board. Mr. Shuford said staff was trying to streamline the
City's review process. He felt the benefits of the other provisions are great. Mayor
Garvey noted this is first reading and suggested further discussion could be held before the
second reading.
Commissioner Thomas questioned why Walgreen's proposed development on Gulf-
to-Bay would have been heard before the Commission if it had less than 25 acres. Mr.
Shuford said the code then required the Commission to review alcoholic beverage uses
close to a school. The P&Z now has the responsibility to address that issue.
Commissioner Thomas questioned if that development came to the Commission first. Mr.
Shuford indicated the Commission had "Received and Referred" the site plan.
Commissioner Thomas said if he is the only Commissioner with concerns, he
requested his concerns regarding how the 10 provisions would have affected previous
decisions in the past two years be answered before the next Work Session.
mincc04a.95 12 04/06/95
Commissioner Barfield noted Commissioner Johnson had expressed concern
regarding provision #8 at the Work Session. She questioned when all signs affected by
amortization would be addressed. Mr. Shuford said the staff is at the tail end of their
amortization review. He estimated that review of signs in violation would take another six
months. Commissioner Barfield recommended the Commission continue hearing sign
variances until all signs affected by the amortization are addressed. Mayor Garvey
suggested the Commission continue hearing sign variances. Commissioner Dallmann noted
new sign variance requests are being heard. Mr. Shuford agreed the Commission is
hearing a mixture of requests. Commissioner Dallmann felt DCAB would act as
consistently as the Commission.
Commissioner Thomas questioned if review of sign variances was transferred to
SCAB if it would be a substantive change to modify the appeal process to the City
Commission versus a Hearing Officer. The City Attorney indicated changing item 8 on
second reading would require a new first reading.
The majority felt that hearing sign variances should stay with the City Commission.
Commissioner Johnson moved to continue this item until April 20, 1995. The
motion was duly seconded and carried unanimously.
Public Hearin9_- Second Reading Ordi,nonces
ITEM #20 - Ord. #5768-95- LOCA re Infill Commercial District (LDCA95-02)
The City Attorney read an amendment to Ordinance #5768-95: In Section 1 of the
ordinance - 1. In Section 40.433, add after "(21) Accessory uses" ", including certain
alcoholic beverage sales uses as specified in sections 41.071 and 41.072," and delete
entirely Subsection (22) Accessory dwellings. And 2. In Section 40.434, renumber
Subsections 0 8), 119) and (20) as (19), (20) and (21).
Commissioner Thomas moved to amend Ordinance 5768-95 as read by the City
Attorney. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5768-95 for second reading as amended
and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance
#5768-95 as amended on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #21 - Ord. #5772-9 - Land Use Plan Amendment to Commercial General for
Loveland Sub., Lots 3 & 4, and part of Sec. 27-29-15, part of M&B 21.011 (Barnett Bank
of Pinellas County, LUP94-34)
?4 mincc04a.95 13 04/06/95
The City Attorney presented Ordinance #5772-95 for second reading and read it by
. title only. Commissioner Barfield moved to pass and adopt Ordinance #5772-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #22 - Qrd. #5773:95 - CN Zoning for Loveland Sub., Lots 3 & 4, and part of Sec.
27-29-15, part of M&B 21.011 (Barnett Bank of Pinellas County, Z94-13)
The City Attorney read an amendment to Ordinance #5773-95: In the ordinance
title, in the seventh line, change "Section 27-29-25" to "Section 27-29-15."
Commissioner Dallmann moved to amend the Ordinance as read by the City
Attorney. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5773-95 for second reading as amended
and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance
#5773-95 as amennud on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
j:,,11/ {."Nays": None.
?,t,v
ITEM #23 - Ord. #5774-95- Land Use Plan Amendment to Preservation for a & b: a) Sec.
27-29-15, part of M&B 21.011, b) Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett
Bank of Pinellas County, LUP94-33)
The City Attorney presented Ordinance #5774-95 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5774-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #24 - Ord. #5775-95 - P Zoning for a & b: a) Sec. 27-29-15, part of M&B 21.011,
b) Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas County, Z94-14)
The City Attorney presented Ordinance #5775-95 for second reading and read it by
title only. Commissioner Dallmann moved to pass and adopt Ordinance #5775-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
' mincc04a.95 14 04/06/95
119M - rd #5776-95- CG Zoning for Loveland Sub., Lots 19-21, part of Lot 18 &
22, and part of Sec. 27-29-15, part of M&S 21.01 & 21.011 (Barnett Bank of Pinellas
County, Z94-12)
The City Attorney presented Ordinance #5776-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #577695 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #26 - Ord. #5776-95- LDCA re additional permitted and conditional uses for the IL
Zoning District (LDCA95-04)
The City Attorney presented Ordinance #5776-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5776-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #27 --Ord. #5783-95- Land Use Plan Amendment to Commercial General for
property located in Lake Belleview Addition, 61k. 1 Lots 1-22 and Blk. 2, Lots 1-16 (re
- Lakeview Avenue Zoning Study)
The City Attorney presented Ordinance #5783-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5783-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #28-- Ord. #5784-95- Cl Zoning for property located in Lake Belleview Addition, 131k.
1 Lots 1-22 and Blk. 2, Lots 1-16 (re Lakeview Avenue Zoning Study)
The City Attorney presented Ordinance #5784-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5784-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #29 - Ord. #5785-95 - Land Use Plan Amendment to Residential/Office General for
Loveland Sub., Lots 14-17, part of Lot 18, and part of Sec. 27-29-15, part of M&B 21.01
& 21.011 (Barnett Bank of Pinellas County, LUP95-05)
`-? mincc04a.95 15 04/06/95
The City Attorney presented Ordinance #5785-95 for second reading and read it by
title only. Commissioner Dallmann moved to pass and adopt Ordinance #5785.95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM # - rd. #57a6-90- OL Zoning for Loveland Sub., Lots 14-17, part of Lot 18, and
part of Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas County,
Z95-01)
The City Attorney presented Ordinance #5786-95 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5786-95 on second
and final reading. The motion was duly seconded and upon roil call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The Commission recessed from 8:32 to 8:44 p.m.
ITEM #31 Special Items of widespread public. interest - None.
ITEM #32 - Citizens to be heard re items not on the Agenda
David-Campbell requested the clock be shown on the screen 100% of the time
during broadcast of City meetings.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #33-55) - Approved as submitted - less # 38, 39, & 48.
ITEM #33 - Purchase of chlorine in 1 ton cylinders from Van Waters & Rogers, Inc.,
Tampa, FL, for the period 04104/95 -02/28/96, at an estimated $90,390 (FN)
ITEM #34 - Purchaseofi gas mg1grs &„repulafers from: M.T. Deason Co., Inc.,
Birmingham, AL, at an estimated $39,060; National Meter Parts Inc., Lancaster, OH, at an
estimated $28,881; Equipment Controls Co., Norcross, GA, at an estimated $81,577.62;
Romet Limited, Missisauga, Ontario, Canada, at an estimated $2,937; Fisher Controls
International Inc. c/o Key Controls Inc., Tampa, FL, at an estimated $23,779.08, during
the period 04104/95 -04103196, for an estimated total $176,234.70 (GAS)
ITEM #35 -Purchase of one 1995 Ford F-800. 1-ton container body truck from Carlisle
Ford, St. Petersburg, FL, for $43,850; financing to be provided under City's master lease-
purchase agreement with Barnett Bank of Pinellas County (GS)
?'? mincc04a.95 16 04/06/95
ITEM #36 - R n r e ui n Wi tenan s rvice for the high speed 5090
Xerox copier with Xerox Corp., Tampa, FL, for the period 02/01/95 -01130196, for an
estimated $35,1000M)
ITEM #37 - Amendments to Pinellas_Public Library Cooperative Interlocpl Agreement (LIB)
ITEM #38 - See page 18.
ITEM #39.- 5 e 20.
ITEM #4 - B Sh I r A r m n with Pin II Suncoast Tani Authority (PSTA)
authorizing City to submit permits to FDOT for 3 bus shelters along SR 60 (EN)
ITEM #41 -m-Conlragt J!2 urcha Ham t n Road right-of -waParcel #0 2.1, a 24-month
temporary construction easement containing 6,620 sq. ft. (0.15 acres), m.o.l.; accept
easement grant from Park Place Building, Ltd., for a cost of $7,500 (EN)
ITEM #42 - Purc,hgse of, alumingm sulfate for the WPC Division from General Chemical,
Parsippany, NJ, for the period 04/21/95 -02128196, at an estimated $53,760 (EN)
ITEM #43 - Purcha$e of sulfur dioxide for the WPC Division from PB&S Chemical Co., St.
Petersburg, FL, for the period 04121195 -02128196, at an estimated $58,750 (EN)
ITEM #44 - Qgntrapl for Sale of Real Property. Drew Park Sub.. Lot 6, a/k/a 410 Vine
Ave., to Clearwater Neighborhood Housing Services, Inc., for $6,800 cash (EN)
ITEM #45 - Lease of portion of Curtis Fundamental/Clearwater Discovery Middle School
m let n E side, of Hal Ave. N f Palmettq St., from Pinellas County School Board, for
the period 05101195 -04130196; sub-lease thereof to Religious Community Services, Inc.
(EN)
ITEM #46 - Contract for Enterprise Road East Sanitary Sewer Rehabilitation to Madsen/Barr
Corp., Longwood, FL, for $165,274 (EN)
ITEM #47 - Agreement with SWFWMD & Pinellas County to design & construct a
watershed rehabilitation project at Hercules Ave. & Allen's Creek (EN)
ITEM #4 - gigg a 20.
ITEM #49 - P rcha a of approximately 1,500 refuse containers (90-gallon) & miscellaneous
ua_r_e_parts from Rotonics Manufacturing, Inc., Bartow, FL, for the period 04/03/95 -
04/02/96, for $111,700 (SW)
ITEM #50 - Amendment to I-ease agreement with-Jolley Trolley Transportation of
Clearwater, Inc., reducing number of unmetered parking spaces from 6 to 3 (CM)
ITEM #51 -Sanitary sewer lien agreement - 1812 Brentwood Dr., Lake Lela Manor First
Add., Lot 8 (Elliott) (CA)
mincc04a.95 17 04/06/95
ITEM #52 - ni r s w r li v , Bay View City Sub., Blk.
5, Lot 8 (Wilkerson) (CA)
ITEM #52 - sewer Sanitary Iigj2_a_a[!2emgnt - 1721 Lucas , Virginia Grove Terrace 3rd
Add., Blk. 5, Lots 24 & 25 (Lemon) (CA)
ITEM #54 - Receipt/R f rral - LQCA,revising narking soggg formulae (LDCA94-28)(CP)
ITEM #55 - Regei Rgferral -_t.DCA re revision to tb,{ congfenats_ cue definition (LDCA95-
09)(CP) „ ..
Commissioner Thomas moved to approve the Consent Agenda as submitted, less
Items #38, #39, and #48, and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
ITEM #38 - Lease Agreement with Bruce-Littler.-Inc., for Marina b_ uildlng rooms 2,22A & 3,
for the period 05/01/95 -04/30100, for $60,900 plus tax, plus an annual 5% CAI increase
in the last 2 years of the lease (MR)
On April 30, 1995, American Yacht Corporation, d/b/a Harbor Yacht Sales, Inc.,
plans to release rooms 2, 2A & 3, with a total of 937 square on the south water side of
the Marina building. Under this Lease Agreement, Bruce Littler will pay $13 per square
foot, for a total monthly payment of $1,015, plus tax. In lieu of paying a percentage of
yearly gross sales, Mr. Littler will pay an annual 5% CPI increase to his lease payment in
each of the lease's last two years starting May 1, 1998. Mr. Littler plans to spend
between $15,000 and $20,000 on room improvements to accommodate his business. He
also will be allowed to sub-lease approximately 200 square feet of space to Harbor Yacht
Sales, Inc. Staff recommends that Mr. Littler's Lease Agreement be started on May 1,
1995, and that the advance deposit of $1,015 not be waived. Because of the large
investment Mr. Littler is making in the rooms, the "Guaranty of Payment of Rent under the
Lease Agreement" is recommended for waiver.
The city will replace or repair all exterior doors, locks, and closures to a dependable
and safe condition. Mr. Littler is considered an excellent tenant of the Marina building and
staff recommends approval. Approval is contingent on approval of Agenda Item #39 in
which Mr. Littler is allowed to sub-lease room 4 to Harbor Yacht Sales, Inc.
Mr, littler sent a letter to the City indicating improvements he planned to make to
Rooms 2, 2A, and 3: 1) total replacement of general lighting; 2) repair and renew
crumbling plaster; 3) resurface areas above all exterior windows for security and heat loss
protection; 4) upgrade wiring and eliminate as much exposed wiring as possible; 5) replace
temporary partitions with full walls; 6) purchase and install missing doors on storage areas;
7) install new permanent wood floor elevating it as much as possible to protect against
water intrusion; 8) replace air-conditioning; and 9)repaint and refinish entire interior and
lobby entrance.
Commissioner Thomas said he was willing to approve rental of the rooms at a
below market rate based on Mr. Littler's promise to spend $15,000 on property
mincc04a.95 18 04/06/95
improvements, valued at $3 per square foot. If Mr. Littler spends less than $15,000 on
improvements, Commissioner Thomas requested a formal, legal commitment that Mr.
Littler would owe the City the difference. Mayor Garvey questioned if it was typical for
the City to expect tenants to be responsible for upgrades on City buildings. The City
Manager said that is how the Marina Building operates. Commissioner Thomas said he had
no problem waiving Mr. Littler's security deposit if he makes a formal commitment in a
legal document to spend the money.
Commissioner Johnson questioned how long Mr. Littler has been a Marina Building
tenant. Mr. Littler said he has been a tenant for 15 years. He said the City has not
upgraded the building's interior but depends on tenants for that work. He indicated his
estimate was based on one bid for flooring. He said the lighting is inadequate for retail use
and must be redone. Mr. Littler indicated he was reluctant to commit in writing to a dollar
amount as he was hoping to accomplish some work himself. He said if his investment
topped the estimate, he would want something from the City. He disagreed his proposed
investment represents $3 a square foot as actual costs would be three times higher if a
contractor was hired. Money he invests in a City building is money he cannot invest in
inventory. He disagreed with the assumption that the proposed rental rate is below market
value. He has agreed to a higher rent than has ever been paid for the space located in the
back of the building. Mr. Littler requested the Commission rely on his honesty and
integrity. He expressed concern that bids would reflect the estimates he has been
requested to include in the public record.
Commissioner Thomas noted Mr. Littler had told the Harbormaster, Bill Held, that
$15,000 would be spent on the space. Mr. Littler said he had submitted an estimate of
A. "LA
the cost of needed upgrades. Commissioner Thomas noted the Marina Building space is
valued at $12 to $18 per square foot. Including the $15,000 investment in the lease
payment would increase the rental rate by $3 per square foot and would result in a fair
return to the City. Mr. Littler questioned the location of the $12 per square foot space.
Commissioner Thomas said he would not accept the lease without a dollar commitment in
the contract. He expressed concern that the quality of improvements be guaranteed. Mr.
Littler said his commitment was not vague but included the things that need to be done.
He said he would be willing to pay $3 more per square foot if the City invested $15,000 in
upgrading the space now.
Mayor Garvey said she concurred with the lease as it is written. Commissioner
Johnson said Mr. Held is an honest man and suggested the Commission accept his
recommendation.
Commissioner Dallmann recommended tying future leases more closely to the cost
of upgrades, though he had no problem with accepting this lease based on Mr. Littler's
length of tenancy. Commissioner Berfield agreed with Commissioner Dallmann that future
leases be tied to specific upgrades to justify lower rent payments.
Commissioner Thomas said he would agree to the City investing money up front to
justify higher rental payments. He expressed concern that this was not a solid business
transaction.
min=04a.95 19 04/06/95
Commissioner Barfield moved to approve the Lease Agreement to Bruce Littler, Inc.,
for Marina building rooms 2, 2A & 3, from May 1, 1995 to April 30, 2000, a five year
period for the total sum of $60,900 plus tax, plus an annual 5% CPI increase in the last
two years of the lease and that the appropriate officials be authorized to execute same.
The motion was duly seconded. Commissioners Berfield, Dallmann and Johnson and
Mayor Garvey voted "Aye"; Commissioner Thomas voted "Nay." Motion carried.
ITEM # Second 6mendmQnj to Lease Agreement with BrUge-Littlgr, Inc.', for Marina
building room 4, adding Yacht Brokerage to business use; sub-lease to Harbor Yacht Sales,
Inc. (MR)
Bruce Littler, President of Bruce Littler, Inc., and current lessee of Marina building
room 4, requests amending paragraph 3 of his Lease Agreement to include a yacht
brokerage. He also requests permission to sub-lease room 4, with 188.5 square feet, to
Harbor Yacht Sales, Inc. Mr. Littler pays $12.73 per square foot, or $200 per month, plus
tax. He also pays all electrical service, property taxes and for improvements to the room
and equipment in the room. He also provides liability insurance naming the City as
additional insured.
This Lease Agreement will expire on March 31, 1996. Mr. Littler will remain
responsible for all other conditions, limitations, restriction and obligations under this lease
throughout the remaining term of the lease.
Discussion of this item is included under Agenda Item #38.
Commissioner Berfield moved to approve the second amendment to Lease
Agreement to Bruce Littler, Inc., for Marina building room 4, adding Yacht Brokerage to
business use and approve sublease to Harbor Yacht Sales, Inc. and that the appropriate
officials be authorized to execute same. The motion was duly seconded. Commissioners
Barfield, Dallmann and Johnson and Mayor Garvey voted "Aye"; Commissioner Thomas
voted "Nay." Motion carried.
ITEM #48 - n rac for demolition of commercial structures at 1180 Russell St. (old Solid
Waste Complex) to Phoenix Wrecking Corp., Tampa, FL, for $79,793 (EN)
All Solid Waste personnel, plant, equipment and operations have transferred to the
newly constructed Solid Waste Complex at 1701 N Hercules Avenue. This contract
provides for the complete demolition and removal of the Old Solid Waste Complex at 1180
Russell Street. Demolition operations shall include removal of all structures and pavement
and the complete seeding and mulching of the entire site. Asbestos surveys and asbestos
remediation have been completed at this site as well as the removal of underground fuel
storage tanks. This property is proposed for future Reuse Water Utility Improvements,
including storage tanks and pump delivery system.
The demolition portion of this contract covers demolition of two commercial
structures and all site appurtenances including small out-buildings at 1180 Russell Street
for a total of $50,173. The remaining Improvement to Grounds portion of this contract
totals $29,620 and includes: 1) seeding and mulching of entire site; 2) clean fill material;
mincc04a.95 20 04106195
M
,...` 3) install slit erosion control curtain; and 4) preparation, installation and management of
one fixed project sign.
Commissioner Thomas referred to an April 4, 1995 memorandum from Mr. Baler
and requested confirmation that all of the proposed work would be accomplished. Mr.
Baler indicated it would be.
Commissioner Thomas moved to award a contract for the Demolition of Commercial
Structures at 1180 Russell Street (Old Solid Waste Complex) (95-7) to Phoenix Wrecking
Corporation of Tampa, Florida for the sum of $79,793 which is the lowest responsible hid
received in accordance with plans and specifications, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
Tom Sehlhorst expressed concern that the City was sending business out of town
and questioned if cost should be the only concern. Mr. Baler indicated a local company's
bid was higher than the one accepted.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #56 - •5 year lease wilh_thg Gru-ter Chamber of Commerce of 1,008 sq. ft. office
space (m.o.l.) at Clearwater Beach Memorial Civic Center, for nominal rent of $5 for lease
term (EN)
Since 1978, the City has leased approximately 1,008 square feet of office area in
4 hey, the Memorial Civic Center to the Greater Clearwater Chamber of Commerce. The most
recent lease expired June 30, 1993 and was not renewed due to possible Library
expansion and space considerations of the Chamber of Commerce and Jolley Trolley.
These considerations have been addressed and resolved, or have become moot.
The Chamber wishes to formalize a lease renewal of its office premises for an
additional five year term for a total rent payment of $5 and other considerations that
include providing information to the public regarding City-operated programs, services and
recreational activities.
Among lease provisions, the Chamber will pay its pro-rata share of utility expenses
and ad valorem tax obligations created by the lease, maintain comprehensive liability and
fire insurance coverage, and take all reasonable and prudent actions to comply with ADA.
Either party may cancel the lease with 90 days written notice of intent to terminate; If the
Chamber materially defaults under the lease provisions, the City may terminate the lease
with a 30-day written notice.
The five-year lease shall commence May 1, 1995 and expire April 30, 2000.
City Manager Elizabeth Deptula reported the Library Director has indicated the
Library could fill any space it is provided. Ms. Deptula did not think increasing the library's
size would be the best use of the space.
km?o mincc04a.95 21 04/06/95
Albert Sakey said the Clearwater and Beaches Tourism Council (CBTC) arose
spontaneously and represents a substantial number of hotels/motels, restaurants and
businesses downtown, on Clearwater beach and Sand Key. He said the CBTC investigated
jointly sharing the subject space with the Chamber of Commerce but Mr. Woodham of the
Chamber had indicated that would be unacceptable. Mr. Sakey said the Chamber of
Commerce is a private membership company that only represents Chamber members. He
said the CBTC has substantial membership, is supported by the Sand Key Civic Association
and is endorsed by the Clearwater Beach Association. He said an endorsement from the
Downtown Business Association will be forthcoming.
Mr. Sakey said a number of members of the new association are totally
disenchanted with the representation they have received from the Chamber of Commerce.
He expressed concern that funds from Clearwater are not being spent for the promotion of
Clearwater. He noted the Chamber does not exclusively represent Clearwater but also has
members from Dunedin, Belleair and Tarpon Springs. He said taxpayer's property that
could bring revenue to the City should be put out for bid. He indicated the new group is
offering $1,000 a year rent for the subject space. Mr. Sakey said the beach does not need
a Welcome Center but an information center. He said someone else should be given the
opportunity to run the center.
Ken Rosenow said the CBTC entity may be new, but the group is old and represents
the entire scope of businesses on the beach, downtown, and on Island Estates. He said
CBTC has a firm financial base that will grow. He indicated CBTC was formed to address
the decline in Clearwater's tourism and tourism is the group's sole focus. The CBTC needs
space to perform this mission and feels the Civic Center is an ideal spot. Dr. Rosenow said
the Chamber of Commerce's personnel have done an excellent job but felt the Chamber's
efforts are not above reproach as only 25% of the Chamber's efforts support tourism while
75% of their efforts support economic development. The Chamber restricts many local
businesses from displaying brochures in the current Welcome Center. He said the
Chamber of Commerce rejected CBTC's proposal for a joint operation. He said the CBTC
would like the opportunity to bid on the space and felt their request was reasonable. The
Mayor requested the CBTC share their mission with the City Commission.
Jay Keyes, representing the Clearwater Beach Association, reported his association
agreed to join the CBTC at their April 5, 1995 board meeting and supports the CBTC
running the Welcome Center.
Bill Sykes said the Civic Center is City property and requested the Commission look
favorably on CBTC's request. He said it was in the City's best interest to award the
Center to the highest bidder.
Kaz Rolewski said since the CBTC was organized in December 1993, they have
brought important matters to the City Commission's attention. He said concerns regarding
taxes collected by the Convention and Visitors Bureau should have been brought to the
City Commission long ago.
mincc04a.95 22 04/06/95
Sam Kerkez said he was a member of the Chamber of Commerce for one year. He
said the Chamber is not there to promote businesses and said he did not receive any
reservations from Chamber referrals. He said he dropped out of the Chamber and supports
the new group.
Jim Warner said Clearwater beach and Sand Key need a change. He supported the
new council.
Helen Sykes said the City should be run as a business and should accept the
highest bid.
Bob Bickerstaffe said he has been a member of the Chamber of Commerce but felt
something like this is needed. He expressed concern that the Chamber of Commerce
spends too much time promoting Tampa, etc. and said a group is needed that spends
100% of its time promoting Clearwater. He indicated he has filled out an application to
join the CBTC and approves their efforts.
David Campbell noted tourism generates income and taxes for the City. He noted
the City is subsidizing the tenant in the Civic Center Welcome Center. He recommended
supporting the new group over the Chamber, which is a private club.
Charles Poilick said the CBTC would appreciate the opportunity to bid on the space.
He compared the Chamber's offer of $1 per year for five years with CBTC's bid of $1,000
per year. He said CBTC's bid was worthy of acceptance and should be considered. He
said the Clearwater Beach Association and Sand Key Civic Association support CBTC and
Downtown Clearwater Association members have indicated support. He said CBTC
represents the majority of hotels/motels, from the smallest to the largest. He said CBTC
has made every effort to work with the Chamber of Commerce but were unable to resolve
their differences. He said.CBTC would not charge businesses between $125 and $250
just to display brochures in the Center.
Ann Wilkins of the Chamber of Commerce said the Chamber's management of the
beach Welcome Center for the past 16 years has been exemplary and works in concert
with the Welcome Center on SR 60. She said the Welcome Center serves as a concierge
on the beach and is well versed on local activities, information and State attractions.
Chamber members can display brochures for free and non members can display brochures
for a fee. The Center, hosted by volunteers and two professionals, is open seven days a
week from 9:00 a.m. to 5:00 p.m. She stated the professional employees open and close
the Center and visit beach businesses. Ms. Wilkins said the Chamber's goal is to improve
the economy. The Chamber views tourism as economic development. She noted many
tourists eventually relocate to Clearwater.
Ms. Wilkins said the Chamber of Commerce has been in contact with the CBTC but
understands that the group has neither a budget nor specific plans. The two groups were
unsuccessful in reaching an agreement. She said the Chamber would welcome an
opportunity to work with CBTC and had hoped they could fill a void at the Center. She
mincc04a.95 23 04/06195
reiterated the new group has no plans. Ms. Wilkins noted that running the Center is more
than just handing out brochures and giving information. She noted CBTC's stated goal is
to promote tourism. She stated the Chamber of Commerce does that and more. She
noted tourism is very volatile today and this is not.the time to experiment. She suggested
approving the Chamber's five-year lease and addressing this issue again in one year to give
the new group an opportunity to formalize a plan.
Commissioner Thomas questioned why the Chamber of Commerce had refused to
share the space with CBTC. Ms. Wilkins noted CBTC has no budget nor plan regarding
what they want to do. The Mayor questioned who would run a CBTC operation, how it
would be run, if it would have part time or full time employees, etc.
Mr. Sakey said CBTC's offer was 1,000% greater than the Chamber and would sign
a contract for a five-year rental period. He noted the agenda item referred only to a lease
in the Memorial Civic Center. He said CBTC will provide references and bank account
numbers if requested. The Mayor said CBTC needs a plan if they want to deal with the
City Commission. Mr. Sakey said the group did not have immediate organizational ability
and did not know what was needed.
Commissioner Thomas questioned why the Chamber of Commerce did not want to
share space with CBTC. Ms. Wilkins said the Chamber would like to work with CBTC but
requested a clearer focus on what the new group wants to do. She said they needed
game rules regarding who was doing what. Commissioner Thomas questioned if the game
rules could be resolved within 30 days. Ms. Wilkins said that depended on how long it
would take the new group to formulate a plan. Commissioner Thomas said he was told the
Chamber of Commerce did not want to participate because the Chamber would lose
business. Ms. Wilkins said the Chamber of Commerce only recoups $4,000 of the
$35,000 per year it costs them to run the Welcome Center. She noted running the Center
is not a money maker for the Chambers. She said the Center needs to be handled
professionally and indicated the Chamber of Commerce does have a strategic plan.
Commissioner Dallmann questioned how much a non-member fee costs. Ms.
Wilkins said the cost is one-half the membership fee.
Pete Woodham, Chamber of Commerce President, said the Chamber was reluctant
to share as the space is already being used effectively. He said the Chamber would be
willing to share the space if a group could better handle some of the Center's needs which
is why the Chamber wanted to see CBTC's plans. He said Chamber dues are variable and
based on the size of an organization. Mr. Woodham indicated membership rates average
$270 to $300 per year. Non-members pay one-half the fee to display brochures.
Commissioner Thomas questioned why citizens must pay to display brochures in a
building whose rent is subsidized by taxpayers. Mr. W oodham said the Chamber of
Commerce spends $31,000 per year providing services to citizens of Clearwater. He said
the Chamber's over all goal is economic development which includes tourism.
mincc04a.95 24 04/06/95
Commissioner Dallmann questioned the differences between the two groups and
asked why the Chamber will not let CBTC share the space. Mr. Woodham said the
Chamber of Commerce has made good use of the available space. He questioned for what
CBTC wants to use the space. He said the Chamber would be more than happy to work
with CBTC. He noted the City Commission would need to make this decision.
Mr. Pollick said the two groups are approaching this problem differently.
Discussions between the groups folded because CBTC did not want to share their business
plan with the Chamber of Commerce. He said CBTC disagrees that businesses should be
forced to pay 50% of the Chamber's fee just to place brochures in a public facility.
Commissioner Thomas questioned if the Commission approves a lease with CBTC, if CBTC
would be willing to share the space with the Chamber of Commerce. Mr. Pollick indicated
they would. Commissioner Dallmann said he had not seen a bid, just a lease.
Jack Kershman spoke in favor of renewing the lease with the Chamber of
Commerce. He said one of his restaurants belongs to the Chamber and the other one does
not, yet brochures from both businesses are displayed at the Welcome Center. He
complimented the professional services provided by the Chamber and appreciated how
they keep him informed of events. He expressed concern regarding how the new group
planned to staff the Center and how the staff would be compensated. He pointed out that
membership in the Chamber of Commerce is broader based. Mr. Kershman said he had
100% confidence in the Chamber of Commerce.
Dr. Rosenow said he hated seeing the two groups get into a squabble. He said
CBTC offered to share space with the Chamber of Commerce but the Chamber refused.
He said the two groups could have complete joint usage of the space. Plans can be
provided as they are developed.
Susan Lewis said the Chamber of Commerce is a large organization with a
$250,000 budget and some areas get overlooked. She said the local businesses need to
take the controls in their own hands. She said there is no boom in tourism based on the
Chamber's activities. She stated 90% of the properties have vacancies in this peak
season. She said if CBTC had access to the Center, they would better serve the tourists.
Commissioner Barfield questioned if CBTC is registered with the State as a non-
profit organization. Mr. Sakey said CBTC's paperwork is being filed as a charitable, non-
profit organization. Commissioner Barfield pointed out that both groups say they want to
work together. She questioned how tourism is being promoted to tourists who are already
here. She recommended the groups iron out their differences as there is no reason why
they cannot work together.
Mr. Sakey expressed concern that the Chamber of Commerce may only agree to
work with CBTC if they approve CBTC's plan. He said CBTC is concerned exclusively with
Clearwater, Clearwater beach and Sand Key.
Commissioner Barfield pointed out that both groups have indicated a wish to
promote tourism outside Clearwater and noted the Chamber of Commerce promotes
Clearwater overseas. Mr. Sakey said CBTC would do more than the Chamber for CBTC's
mincc04a.95 25 04/06/95
only interest is Clearwater, not the greater Clearwater area. Commissioner Barfield
questioned if CBTC would still need space at the Welcome Center if rack space for
brochures was made available to them. Mr. Sakey said CBTC needs office space.
Commissioner Barfield questioned if space at the Marina building would meet CBTC needs
if rack space at the Welcome Center was made available. Mr. Sakey felt the Memorial
Civic Center space should have been put out for bid. He said CBTC's major concern is
visibility.
The Mayor said she had no idea what CBTC wants to do and the City Commission
has not been provided any information. She noted the City has mare than 15 years
experience with the Chamber of Commerce.
Commissioner Johnson suggested consideration of a one-year lease with the
Chamber of Commerce to see if the two groups can work together and agree on a plan.
Commissioner Dallmann questioned how CBTC planned to operate the Welcome
Center and if the operation would be financed by membership fees. Mr. Warner said the
Welcome Center would be operated by Clearwater business people and they did not have
an exact plan.
Commissioner Barfield noted some rough spots when the Jolley Trolley began
operations two years ago. She felt the length of or lack of time involved with Welcome
Centers should not be an issue. She hoped the two groups could work out a solution. Mr.
Sakey questioned if Commissioner Barfield was recommending a joint lease. Commissioner
Barfield said she was not. She said the Chamber of Commerce deserved to be noticed if
the City does not plan to renew their lease. She stated the two groups were not working
at cross purposes but noted both sides want to be the ruler. She said the groups could
work out their differences.
Mr. Bickerstaffe said the difference between the two offers was $1 compared to
S 1,000. He said business on the beach has decreased for the past 16 years and
recommended renting the Welcome Center to the new group for one year.
Mr. Campbell said he did not see this as "an either or" situation. He said the City is
subsidizing the Chamber of Commerce's offices on Osceola and Welcome Center on SIR
60. He recommended approving a one-year lease for the new group at the Memorial Civic
Center. He said the Commission owed citizens a postponement of a decision to allow
notification of a Public Hearing.
Mr. Sykes recommended denying a lease to both groups and having the City run the
Welcome Center.
Commissioner Dallmann moved to approve a one-year lease between the City as
Lessor, and the Greater Clearwater Chamber of Commerce, as Lessee, of 1,008 square
foot office space (more or less) at the Clearwater Beach Memorial Civic Center, with
nominal rent of $1 for the lease term with a provision that the Chamber of Commerce work
with the Clearwater and Beaches Tourism Council in that period of time to see if they can
work out a mutual agreement to occupy the same space and that the appropriate officials
be authorized to execute same. The motion was duly seconded.
mincc04a.95 26 04106195
Commissioner Thomas said the Commission is facing a problem on Clearwater
beach where there is massive dissatisfaction with business. He noted the Chambers are
filled with people who support CBTC and not those who support the Chamber of
Commerce. He noted if tourism was up, the business people would not be in Chambers.
He said CBTC already rivals the size of the Chamber of Commerce on Clearwater beach.
Commissioner Thomas said he could not support the proposal to renew the Chamber's
lease and noted the Chamber of Commerce was not supported at the meeting. He
recommended giving the lease to the new group which has agreed to share the space with
the Chamber of Commerce. He felt something is radically wrong with tourism and
business on the beach. He noted $1,000 a year rent on the Civic Center space still
represented a subsidy by the City. He said the problem is the Chamber of Commerce's
refusal to share the space.
Commissioner Dallmann said the reasons for his motion were: 1) tourism is down
everywhere in the State and the City is already trying to work with the Convention and
Visitor's Bureau regarding the use of tax money; 2) tourists using the Welcome Center are
already on Clearwater beach; and 3) the City is not bidding out the space. He noted if the
City took over the Chamber of Commerce's operation of the Welcome Center, it would
cost Clearwater $35,000 per year. He said the City would need to bid out the function of
the Center, not the space. He noted the Chamber has indicated they are willing to work
with CBTC but want to know CBTC's intentions for use of the space. Commissioner
Dallmann said he welcomed the opportunity at his first meeting to work to get the groups
together.
Commissioner Johnson called for a vote on the motion and to end discussion.
Commissioners Thomas, Dallmann and Johnson and Mayor Garvey voted "Aye";
Commissioner Barfield voted "Nay."
Upon the vote being taken on the motion to extend the lease one year,
Commissioners Dallmann and Johnson and Mayor Garvey voted "Aye"; Commissioners
Barfield and Thomas voted "Nay." Motion carried.
The Commission recessed from 11:00 to 11:10 p.m.
ITEM #57 - Item re Harborview Qonsxruc[ion Dntign (CM)
Globe Facility Services (GFS) has recommended amending the Harborview Center
project to include removal of ten structural columns in the third floor meeting room area to
allow better viewing by attendees. They also have recommended installing a second
escalator to allow continuous two-way movement between all floors. The existing design
calls for elevators, staircases and a single, reversible escalator.
Staff feels bath suggestions are worthy and require an additional $175,000 to
remove the columns and $160,000 to provide a second escalator. After discussion with
the architect, staff concluded the additional escalator can be purchased with existing
project funds. While the escalator represents a serious depletion of the project's
contingency funds, funds do exist for this purpose. The $175,000 cost for column
removal includes: 1) steel fabrication and erection - $75,000; 2) concrete encasement
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/fireproofing removal - $15,000; 3) field inspection and testing - $1,200; 4) fireproofing
cover - $28,000; 5) bulkheads to ceiling - $2,500; 6) paint/finishes - $7,800; 7) additional
lighting - $8,500; 8) protection/patching of existing floor - $9,000; 9) provide opening at
north wall - $7,000; 10) contractors' fees and general conditions - $9,000; and 11)
Professional fees - 512,000. Funding can be approved by a mid-year budget amendment
transferring $175,000 in unappropriated retained earnings of the Special Development
Fund in the Harborview Center Project.
Dean Rowe explained that engineers examined the feasibility of removing columns
and concluded the roof's load can be increased on a single column by 50% without
strengthening the column. He stated the figures are budgeted numbers and not based on a
hard bid. He said the plan is to remove every other column. Mr. Rowe presented a
diagram of site obstructions caused by the columns. The Mayor noted to take best
advantage of the space, columns need to be removed without affecting the roof's integrity.
Commissioner Johnson questioned if spending $175,000 to remove the columns
was justified. Mr. Rowe said that was a value decision. Mayor Garvey said it mares
sense to remove the columns.
Commissioner Dallmann questioned how often the space would have maximum use
and suggested the seats could be oriented differently. Mr. Rowe said no matter which
way the space is oriented, the use would be severely restricted if columns are not
removed. Commissioner Dallmann questioned why hard bid numbers are not presented at
this stage. Mr. Rowe said he could get a hard bid but this is an educated estimate.
Commissioner Johnson questioned if the work could cost less than $175,000, Mr. Rowe
said it could. Commissioner Dallmann expressed concern that hard numbers were not
available at this stage of the project.
Commissioner Serfield said the architect team is presenting an estimate to the
Commission. If the Commission approves the work and the hard bid comes in at this price
or lower, the project goes forward. Mr. Baker said this is a design/build project designed
and bid as work progresses. Commissioner Dallmann noted with the architect's working
relationship with the contractor, he should have a pretty good idea of what the cost will
be.
Commissioner Thomas said it boils down to making the conference portion of the
Center productive by removing the columns.
Commissioner Johnson expressed concern that the Commission is dealing with
unknowns regarding 15 items in Phase II. Mr. Baker said the project has progressed this
far by using this method. He said money from Phase I was returned to the project.
Mayor Garvey said the proposed work would be within its budgeted amount. Mr.
Rowe said if the bids are not within this budget, they will rework and rebid the work.
Commissioner Thomas said there always will be a debate whether or not the project
should have been done. He said tonight the question is if the space should be made
productive by removing the columns. Commissioner Johnson expressed concern that the
public be kept informed that the Commission is working within the budget.
E'er mincc04a.95 28 04/06195
Commissioner Dallmann expressed concerns that he is not use to working this way
f and noted it is difficult to really know at what stage the project is. He noted the project is
far enough along for the architect to estimate projected expenses. He pointed out that
staff has agreed enough money exists in contingency from Phase I and Phase IA to cover
the cost of the escalator. He expressed concern that the project would run out of
contingency funds as hard costs for the escalator had not been established.
Commissioner Johnson recommended approving this proposal and then regrouping
before additional requests are made. The Mayor agreed the City needs to do the best job
possible on the Center although she did not necessarily agree with the project. Mr. Rowe
said costs for the escalators can come from the contingency funds.
Commissioner Thomas moved to approve an expansion of the scope of work for the
Harborview Center Phase 2 project consisting of the removal of 10 existing columns from
the third floor meeting room area for the sum of $175,000 which includes $12,000
professional fees, 69,000 contractor fees, and 6154,000 construction costs, all in
accordance with existing contracts with the architect and contractor; and authorize the
expenditure of 6160,000 from the project's contingency fund within the approved
construction budget for the purpose of providing an additional escalator with a follow-up to
include the final cost of the project as best as staff can estimate. The motion was duly
seconded and carried unanimously.
ITEM #58 - FY 1994-95 HOME Funding Agreement with Pinellas County, for funding to be
provided under the HOME federal housing program (ED)
On June 3, 1993, the City Commission approved a three-year extension of the
cooperation agreement between the City and Pinellas County to use HOME funds. The
agreement entitles the City to a portion of the HOME funding through the Pinellas County
HOME Consortium. Funding is prorated according to federal guidelines for each
participating community in the consortium.
For Fiscal Year (FY) 1993-94, the City was awarded $258,662 in HOME funds and
none has been expended. The City was awarded $332,542 for FY 1994-95. During this
fiscal year, staff recommends funding: 1) Rental Housing Development - $435,000; 2)
Owner-Occupied - $63,000; 3) Home-Buyer Assistance - $50,000; and 4) Administration -
$33,204.
The HOME Program requires a 25% match from non-federal sources. The City's
match consists of funds awarded through the State Housing Incentive Partnership (SHIP)
Program and other project related resources.
Commissioner Thomas moved to approved the HOME Funding Agreement between
the City and Pinellas County for funding to be provided under the HOME federal housing
program and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #59 - First Reading Ord. #5770-95- Establishing a Neighborhood and Affordable
Housing Advisory Board (NAHAS) (ED)
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The Florida State Housing Incentive Partnership (SHIP) Program requires the City to
establish an Affordable Housing Advisory Committee to review and monitor the annual
Local Housing Assistance Plan and the Affordable Housing Incentive Plan. As part of a
consolidated plan to address local housing, community and economic development needs,
the US Department of Housing and Urban Development (HUD) requires the City to adopt a
Citizen Participation Plan
The proposed membership of the new Neighborhood and Affordable. Housing
Advisory Board (NAHAB) meats the requirements of both federal and state mandates.
NAHAB will be an integral part of the City's effort to inform citizens and solicit
participation in these programs. The newly constituted board will comply with term limits
and general advisory board code stipulations.
Commissioner Thomas moved to establish a Neighborhood and Affordable Housing
Advisory Board. The motion was duly seconded.
Commissioner Berfield noted that none of the nine slots is designated from West
Clearwater. Economic Development Director Alan Ferri said West Clearwater was not
considered a low and middle income area. Commissioner Thomas pointed out that N Ft.
Harrison in West Clearwater is a low income corridor. Mr. Ferri said North Greenwood
could be defined to include N Ft. Harrison. The Mayor requested an area map be provided
designating the represented areas.
Upon the vote being taken, the motion carried unanimously.
&- .-A
The City Attorney presented Ordinance #5770-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5770-95 on first reading.
The motion was duly seconded and upon roll call, the vote was;
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #60 - Revised Citizen Par ici a i n Plan for CDBG Program, HOME Program & State
Housing Incentive Partnership (SHIP) Program (ED)
Federal Statutes require each Community Development Block Grant (CDBG),
Emergency Shelter Grant (ESG) and HOME program recipient to adopt and follow a plan for
citizen participation that establishes the jurisdiction's policies and procedures for allocating
funds. State statutes also require citizen participation for the State Housing Incentive
Partnership Program (SHIP), On November 5, 1992 and June 17, 1993, the City approved
citizen participation plans for the CDBG and SHIP programs.
New federal rules require the citizen participation plan to incorporate all federal
programs into one consolidated plan that also encompasses the citizen participation
requirements of the SHIP program. The citizen participation plan encourages all citizens,
including minorities, non-English speaking persons, and those with disabilities to participate
in the consolidated plan development and any amendments to the plan.
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Federal regulations now require participation by citizens, public agencies, and
r interested parties to recognize community needs, establish funding priorities, and identify
all resources used by the City to address those needs and priorities. The consolidated plan
and citizen participation plan will replace several separate reports and broaden public
involvement in the program's planning and development.
Commissioner Thomas moved to adopt the revised Citizen Participation Plan for the
CDBG program, ESG, HOME program, and the SHIP program. The motion was duly
seconded and carried unanimously.
ITEM #61 - First Reading Ord. #5802-95- Amending Secs. 52.02 & 52.34, amending
definition of "Department," amending process for receiving & scheduling appeals to the
Development Code Adjustment Board (re Tree Protection)(EN)
Chapter 52, Code of Ordinances regarding tree protection provides a process for
appealing decisions related to Tree Removal Permit Applications. Current procedure
requires submission of a written request to the City Clerk followed by an appeal hearing by
the Development Code Adjustment Board (DCAB). As DCAB agendas are processed by the
Central Permitting Department, submitting the request to the City Clerk requires an extra
step for the applicant and staff. This ordinance modifies the appeal process to require
submission of the request for appeal to the development code administrator.
An administrative change included in this ordinance defines Engineering as the
administering department instead of Public Works.
Commissioner Thomas moved to approve an amendment to Chapter 52, Code of
Ordinances, revising the appeal process for Tree Removal Permit Decisions. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5802-95 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5802-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #62 - Res. #95-29 - changing portions of Spruce Ave. & Railroad Ave. to Blanche B.
Littlejohn Trail (EN)
Streets adjacent to the old ACL Railroad (the Pinellas Trail) are known as Spruce
and Railroad Avenues. In some areas, properties addressed on Railroad and Spruce
Avenues adjoin each other. This situation, primarily between Hart and Cedar Streets,
causes confusion when emergency vehicles are dispatched. The City proposes renaming
Spruce and Railroad Avenues between Hart and Carlton Streets. Spruce Street will retain
that name where the street is not adjacent to the Trail.
?wd mincc04a.95 31 04/06/95
The North Greenwood Association selected the name, Littlejohn Trail, to honor
Blanche B. Littlejohn who moved to Clearwater in 1913 and lived In the area on Nicholson
Street until she passed away in 1963 at the age of 108. As Littlejohn is currently used in
Dunedin, staff has added Ms. Littlejohn's first name and initial to the street name. The
change involves minor costs of $420 for materials to install 14 signs along the street.
Reverend Walter Campbell spoke on behalf of the change. He noted Ms. Littlejohn
was a City pioneer. He said the change would not cost much and the affected area does
not have high density development.
Mayor Garvey questioned the length of the proposed Blanche B. Littlejohn Trail. Mr.
Baier stated there are approximately seven blocks from Hart to Carlton, The City Manager
noted some residents may not have been notified of the proposed change. Mr. Beier said
staff has prepared a letter to be sent to those who will be affected by the change.
Tom Sehlhorst recommended naming a City building after Ms. Littlejohn. He said he
is an area business person and there is no signage on either Railroad or Spruce Avenues.
He suggested naming the road East and West Railroad Avenue. He said those names
would be less confusing to Trail users from out of town.
Muhammad Abdur-Rahim, representative of the North Greenwood Association,
indicated the City's Department of Economic Development had approached the association
regarding problems associated to properties addressed on Spruce and Railroad Avenues.
He said Economic Development had recommended adopting a single name. After receiving
input from other groups, the North Greenwood Association chose the name, Blanche B.
Littlejohn and forwarded their recommendation to Economic Development: The association
had not notified affected residents. He said that should be the City's responsibility.
Reverend William Graham said he knew Blanche B. Littlejohn and supports the
change.
Cherry Harris said Ms. Littlejohn was the nicest lady she ever met and she would
like to see the trail named after her. She said the change would mean so much to those
who knew her. She indicated Ms. Littlejohn was 108 when she died.
Ted Littlejohn said he was eight years old when his family moved to Clearwater.
His brother paved Cleveland Street. He said his mother belonged to Mt. Carmel Church.
He said he would love to see a street in her name.
Commissioner Thomas said he approved the change but expressed concern that all
affected people have not been advised of the proposal. Commissioner Berfield suggested
approving the measure with a future effective date. Commissioner Dallmann requested
staff notify owners of the affected properties so they can voice any objections.
Commissioner Thomas recommended an effective date of April 30, 1995.
Commissioner Thomas moved to approve the street name change for portions of
Spruce and Railroad Avenues to Blanche B. Littlejohn Trail effective April 30, 1995, and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
i mincc04a.95 32 04/06195
The City Attorney presented Resolution #95-29 and read it by title only.
f Commissioner Thomas moved to pass and adopt Resolution #95-29 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #fi - Firs R a ire Ord. k5787-95- providing for assessment of 100/ surcharge on
curbside recycling provided to customers outside the municipal limits of Clearwater (SW)
On January 17, 1995, the City Commission approved extending recycling to
unincorporated Pinellas County residents on the Clearwater Utility billing system who are
willing to pay for the service. A 10% surcharge above Clearwater's curbside rate was
approved. The City Commission also approved expansion of commercial and multi-family
recycling to businesses and complexes in unincorporated Pinellas County at the rates
contained in the current ordinance since Clearwater Solid Waste (CSW) competes with
private companies for the business. This ordinance establishes the 10% surcharge for
curbside recycling service provided by CSW outside the City's municipal limits.
Commissioner Barfield moved to authorize a ten percent surcharge on curbside
recycling provided to customers outside the municipal limits of Clearwater, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5787-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5787-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
„Nays": None.
ITEM #64 - ommuni Rel ion B rd - 1 appointment (CLK)
Commissioner Barfield moved to reappoint Gay McGill. The motion was duly
seconded and carried unanimously.
ITEM #65 - Other PendLng Matters
a) Work Session Procedures
Discussion of Work Session procedures was continued to April 17, 1995 as part of
the Commission Rules discussion,
CITY ATTORNEY REPORTS
mincc04a.95 33 04/06/95
ITEM # 4 n
a) Res. #95-24- Demolition Lien - 525 & 527 E. Rogers St., Wallace's Add., Blk. 2, Lot 2
& 112 vacated alley (Wolfe)
The City Attorney presented Resolution #95-24 and read it by title only.
Commissioner Dallmann moved to pass and adopt Resolution #95-24 and authorize the
appropriate officials to exocute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #67 - Other City Attorney Items - None.
ITEM #68 - City Manager Verbal Reports
The City Manager noted the April 17, 1995 Work Session agenda has already been
distributed. Changes to that agenda made at this meeting necessitate additional
paperwork. Ms. Deptula recommended distributing future Work Session packets on
Mondays, one week prior to scheduled Work Sessions.
The Commission concurred that Work Session packets will be distributed on
oi? Mondays, one week prior to scheduled Work Sessions.
The City Manager reported Commissioner Dallmann cannot attend the April 11,
1995 Strategic Planning Session. The meeting was rescheduled for April 19, 1995 from
4:00 to 6:00 p.m.
ITEM #69 - Commission Disgussion Items - None.
ITEM #70 - Other ommis i n &Qlio-n
Commissioner Johnson questioned the impact of the court ruling upholding the
City's requirement for annexation to obtain sewer service. The Mayor said there would be
no change as the City won. The City Attorney reported that Assistant City Attorney Dick
Hull had done a fantastic job.
Commissioner Thomas announced he recently purchased the CSX railroad depot in
downtown Clearwater. He said he currently had no plans for the property and requested
written suggestions.
Commissioner Dallmann appreciated the warm welcome he had received. He said
tie will send out his comments regarding Commission rules. He questioned the vote
regarding Item #57 and agreed to let it stand as unanimous.
mincc04a.95 34 04/06/95
Mayor-19arygy. reported legislation regarding unfunded mandates had passed. She
questioned who would pay for the May 13, 1995 Downtown Partnership retreat. Deputy
City Manager Kathy Rice indicated costs are to be shared by the partnership members.
She stated the retreat will begin at 9:00 a.m. and is scheduled to last all day.
ITEM a7 - A r n
The meeting adjourned at 12:02 a.m., April 71 1995.
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ATTEST:, E.
City Clerk
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