04/20/1995 (2)
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COMMISSION
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City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, April 20, 1995 ~ 6:00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
a) Library Board - Annual Report
b) Long Center 1995/96 budget - Mark
Abdo
6. Approval of Minutes - Regular Meeting
4/6/95
7. Citizens to be heard re items not on the
Agenda (maximum of 30 minutesl
1
1. Father Edward J. Mulligan, St. Brendan's
Catholic Church.
2. Mayor.
3. 1 award presented.
4. Proclamations:
Civitan Awareness Week - 4/10-16/95
Releaf Day - 4/22/95
5. al Report received
b) Continued.
6. Approved as corrected by City Clerk.
7. Rav Cadwell requested the Commission
consider amending Ord. #301-7.
Dina Atkins questioned if Jay Elliott's letters
had been included in the Grantee
Performance Report. It was indicated they
had been.
Bob WriQht requested bikers & skaters not
be allowed on the sidewalk on the North
side of Memorial Causeway.
Elsie Mae Richardson & David Grice
requested something be done regarding the
people dealing drugs in the Plaza Park
neighborhood.
David Campbell requested the clock be
shown continously during the broadcast of
Commission meetings. Also complained
programming had deteriorated.
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PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case. Witness may be cross~examined 115 minutes}.
Staff presents further evidence. May be cross~examined (10 minutes).
Public comment (3 minutes per speaker).
City Commission discussion, and may question any witness.
Y4/20/95
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Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant 13 minutes).
Decision.
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8. Variance(s) to Sign Regulations for property
located at 387 Mandalay Ave., Barbour
Morrow Sub., Blk A, Lots 23-25 (Homer
Realty Co.fLappert's Ice Cream, SV95-20)
(CP)
9. Variancels) to Sign Regulations for property
located at 23917 US19N, Ehle Sub., Lot 1
and Hill-Top Sub., parts of Lots 6 & 7 (U-
Haul of West Coast of FloridafU-Haul Co.,
SV95-21) (CP)
10. Variance(s) to Sign Regulations for property
located at 645 Bayway Blvd., Bayside Sub.
No.5, Blk e, Lot 5 (Doran, Trustee/Hungry
Howie's, SV95-22) (ep)
I 11. Variance(s) to Sign Regulations for property
located at 467 Mandalay Ave., Clearwater
Beach Park 1 st Add, Blk S, N 15' of Lot 26
and all of Lots 27-31 and Clearwater Beach
Park 1 st Add Replat, elk A, Lots 9 & 10
together with vacated alley in between
(~) (JEC Funding, Inc./Eckerd Drugs, SV95-23)
(CP)
12. (Cont. from 3/2/95) Public Hearing & First
Reading Ord. #5771-95 - RPD Zoning for
property located at 1550-1570 Jasmine
Way, Druid Groves, Blk A, Lots 7-12 &
vi'lcated r-o-w adjacent to west side of Lot
12; and Preliminary Site Plan (Clearwater
Community Hospital, Z94-15) (CP)
13. (Cant. from 2/2 & 3/16/95) Public Hearing
& First Reading Ords. #5741-95 & #5742-
95 - Land Use Plan Amendment to
Commercial General & CPD Zoning for
property located at 509 Bayview Ave. &
508 Meadow Lark Lane, McMullen Bayview
Sub., Tract A, Blk 3, Lots 1 & 2 and S 1/2
of r-o-w to the N lR. Roy Meador, LUP93-
43, 293-54) (ep) Request to Cant. to
5/4/95
8. Approved area variance of 4.8 sq.ft. to
allow 27.3 sq.ft. of attached signs, and
ratio variance of 0.32 sq. ft. of attached sign
area per ft of building width to allow 1.82
sq. ft. of attached sign area per ft of width.
9. Approved area variance of 37.6 sq.ft. to
allow a freestanding sign with an area of
101.6sq.ft.
10. Approved 3' variance to allow a
freestanding sign 2' from Bayway Blvd. r-o-
W, and 3/ variance to allow a freestanding
sign 2' from W side property line subject to
standard setback condition.
11. Approved 52.67 sq.ft. area variance for
attached signs oriented to Mandalay Ave. to
allow 100.67 sq.ft., and variance of 2 wall
signs oriented to Mandalay Ave. to allow 5
wall signs, subject to the condition that no
additional signs shall be placed an this
property including no freestanding signs.
12. Approved. Ord. #5771-95 passed 1 st
reaidng. Site plan referred to ORe.
13. Continued to 5/4/95.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
y 4120/95
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U4/20/95
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Commission questions.
Comments in support al1d in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
14. (Cont. from 4/6/95) Public Hearing & First
Reading Ord. #5788-95 - Vacating 10'
eastlwest alley lying in Blk E, Plaza Park
Addition, less W 1 00', subject to City
retaining a full width drainage & utility
easement (City, V95-01) fCP)
15. Public Hearing & First Reading Ord. #5792-
95 - LDCA re fences in structural setback
area for waterfront property (Single Family
zones only)(LDCA 95-03) fCP)
16. Public Hearing & First Reading Ord. #5817-
95 - LDCA re Design Review Board (LDCA
95-01) (CP)
17. (Cant. from 4/6/95) Public Hearing & First
Reading Ord. #5766-95 - LDCA re revisions
to receipt and referral and other ralated
requirements (LDCA95-05) (CP)
14. Approved. Ord. #5788-95 passed 1 st
reading.
15. Approved. Ord. #5792-95 passed 1st
reading.
16. Continued to 5/4/95,
17. Continued to 5/4195.
Public Hearing - Second Reading Ordinances
19.
Ord. #5766-95 - LDCA ra revisions to
receipt' and referral and other related
requirements {LOCA95-05} - * action at
4/6/95 mtg continued 1 st reading of this
ordinance to 4/20/95 - see # 17
Ord. #5770-95 - Establishing a
Neighborhood and Affordable Housing
Advisory Board (NAHAS)
Ord. #5787-95 - providing for assessment
of 10% surcharge on curbside recycling
provided to customers outside the municipal
limits of Clearwater
Ord. #5789-95 - Vacating westerly 5' of a
10' easement lying in Lot 99, Woodgate of
Countryside - Unit Two, less southerly 5'
(Gauthier/Callahan, V95-02)
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., alkla McMullen's Bayview
Sub. (Meador, V95-03)
20.
21.
22.
18. See 1/17.
19. Ord. #5770-95 adopted.
20. Ord. 1/5787-95 adopted.
21. Ord. #5789-95 adopted.
22. Ord. 1/5790-95 adopted.
3
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29.
24.
Ord. #5796~95 ~ Annexation for property
located at 1701 St. CroIx Dr., Virginia
Groves Terrace, Fifth Addition. Blk D. Lot 1,
0.19 acres m.o.l. (Nenodovich, A94-301
Ord. #5797~95 - land Use Plan Amendment
to Residential Low for property located at
1701 St. Croix Dr., Virginia Groves Terrace,
Fifth Addition, Blk D, Lot 1, 0.19 acres
m.o.1. (Nenadovich, LUP94-36)
Ord. #5798-95 - RS-B 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)
Ord. #5799~95 - Annexation for property
located at 1748 Ragland Ave., Clearwater
Manor Sub., Lot 53, togethe; with abutting
r-o-w of Ragland Ave. (Oownin, A94-29)
Ord. #5800-95 - Land Use Plan Amendment
to Residential Low for property located at
1748 Ragland Ave., Clearwater Manor
Sub., Lot 53, together with abutting r-o-w
of Ragland Ave. (Oownin, LUP95-35)
Ord. #5801-95 - 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)
Ord. #5802-95 - Amending Sees. 52.02 &
52.34, amending definition ofl
II Department", amending process for
receiving & scheduling appeals to the
Development Code Adjustment Board (re
Tree Protection) ,
23.
Ord. #5796-95 adopted.
25.
26.
27.
24.
Ord. #5797-95 adopted.
25.
Ord. #5798~95 adopted.
26.
Ord. #5799-95 adopted.
27.
Ord. #5800-95 adopted.
28.
Ord. #5801-95 adopted.
29.
Ord. #5802-95 adopted.
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;;' 30. ~ Special Items of widespread public interest - None.
31 . ~ Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #32-48)- Approved as submitted less #532.36, & 41.
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.
y 4/20/95
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33.
34.
40.
41.
42.
~,~~~ 43.
44.
45.
46.
47.
48.
U 4/20/95
35.
Contract with Raymond James & Associates, Inc., to be City's Financial Advisor for a period of
3 years (FN) . Continued to 5/4/95
Contract with Bryant, Miller & Olive, P.A. for City's Bond Counsel, for a 3 year period (FN)
Contract with Nabors, Giblin & Nickerson. P.A. for City's Disclosure Counsel, for a 3 year period
(FN)
Guaranty Agreement between Florida Gas Transmission and Clearwater Gas System as a
member of the Municipal Gas Authority of Florida (MGAFI, for Phase III natural gas volumes
(GAS)
Request for road closure - Church of Scientology (CM) - Approved.
Accept title to lot 34/ Blk E, First Addition to Sunset Point, a/k/a 1872 Springtime Avenue, by
Quitclaim Deed from Henry G. Cisneros, Secretary of HUD, in lieu of payment of $6/016
structure demoition cost incurred by the City, subject to formal closing & issuance of title
insurance at an est. $125 (EN)
Reuse Water Agreement with Sylvan Abbey Memorial Park Inc. & Clearwater land Company
(EN) ,
Department of the Army Consent to Easement to cross intercoastal waterway with the
Clearwater Harbor Force Main Replacement (EN)
Easement Agreement with Florida Power Corp. for water well & water main construction and
maintenance within FPC r-o-w adjacent to NE Coachman Rd., subject to conditions, for $1 (EN)
Agreement for professional engineering services with Post/ Buckley, Schuh & Jernigan, Inc., for
a term of 5 years (EN) - Continued to 5/4/95
Preliminary Plat for Park Place Outparcels located on N side of Gulf to Bay Blvd., on E & W sides
of Park Place Blvd., Sec. 17-29~ 16/ M&B 23.10 & 24.05; authorize ORC to approve final plat
subject to it being recorded prior to issuance of a Certificate of Occupancy for any of the
buildings (Lincoln Commercial Properties, Inc.l (CPl
Final Site Plan for Religious Community Services (ReS) Emergency Housing Project located at
1552 & 1558 S. Myrtle Ave., subject to ORe conditions IRCS, PSP95-03) (CP)
Receipt/Referral - Annexation, land Use Plan Amendment to Residential low & RS.4 Zoning for
property located at 1812 Brentwood Dr., Lake lela Manor, First Add., Lot 8,0.36 acres m.o.1.
(Jeffrey J. & Kolleen ElIlolt, A95-05, lUP95-06) (CP)
Receipt/Referral - Annexation, land Use Plan Amendment to Residential Urban & RS~8 Zoning for
property located at 3016 Carolina Ave., Bay View City Sub., Blk 5, lot 8 together with abutting
r-o.w of Carolina Ave. & abutting alley to the N, 0.15 acres m.o.1. (Jeffrey M. & Billie C.
Wilkerson, A95-06, lUP95-07) (ep)
Receipt/Referral - Annexation, land Use Plan Amendment to Residential Low & RS-6 Zoning for
property located at 2965 Sunset Point Rd., Sec. 5-29-16/ M&B 14.17, 1.02 acres m.o.1. (Allen
M. & Ann R. McMullen, A95-07, lUP95-08) (CP)
Sanitary sewer lien agreement - 2446 Nursery Rd. (Rivera) (CA)
Sanitary sewer lien agreement - 1531 laurel Dr., Nob Hill Sub., Lot 3 (Lugo) (CA)
36.
37.
38.
39.
OTHER ITEMS ON CITY MANAGER REPORT
49. Res. #95.37 - designating an area within
the City as the City of Clearwater Enterprize
Zone (ED)
50. First Reading Ord. #5815-95 - creating the
City of Clearwater Enterprise Zone
Development Agency (ED)
49. Approved. Res. #95-37 adopted.
50. Approved. Ord. #5815~95 passed 15t
reading.
5
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55.
56.
57.
58.
59.
<i~: 60.
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52.
First Reading Ord. #5816-95 - re City's
Enterprise Zone Development Agency;
appointing Board of Commissioners,
designating a Chair and Vice-Chair (EO)
Res. #95-39 - establishing Fiscal Year
1995-96 Housing Assistance Plan (ED)
BUdget for leasehold improvements 1 st &
3rd floors, Harborview Center restaurants
(CM)
Assignment of lease from PGA Tour
Associates-I, Ltd. to Balboa Enterprises,
Inc., for the PGA's interest as "Lessee"
under lease dated 11/1 2/85, between the
Chi Chi Rodriguez Youth Foundation
(Lessor) and PGA (Lessee) (PR)
Appointment of Vice-Mayor (ClK)
Appointment of Commissioners to various
regional & misc. boards (ClK)
Airport Authority - 2 appointments (elK)
Beautification Committee - 1 appointment
(elK)
Development Code Adjustment Board. 1
appointment (elK)
53.
54.
Other Pending Matters
51.
Withdrawn.
52.
Approved. Res. #95-39 adopted.
53.
Continued to 5/4/95.
54.
Continued to 5/4/95.
55.
56.
Continued to 5/4/95.
Continued to 5/4/95.
57.
58.
Appointed Stephen Bils & Gary Benjamin.
Appointed Thelma Blasko.
59.
Continued to 5/4/95.
60.
None.
CITY ATTORNEY REPORTS
61 . Resolutions
al Res. #95-34 - Assessing property owners
the costs of mowing or clearing owners'
lots
b} Res. #95-36 - Demolition Lien -.11 36
Engman St., Greenwood Park No.2, Blk D,
lot 51 (Troy D. Payne, Jr.)
c) Res. #95-30 - accepting franchise of City
of Port Richey for purpose of furnishing gas
within Port Richey
dl Res. #95.42 . Urging congress to support
the assault weapon ban and reject all
efforts to weaken or repeal the law
62. Other City Attorney Items
Y4/20/95
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61. a) Res. #95-34 adopted.
b) Res. #95-36 adopted.
cl Res. #95-30 adopted.
d) Res. #95-42 adopted.
62. Attorney/client session re Bryant vs City
scheduled for 9:00 a.m., 511/95.
City Attorney requested direction re
continuing quarterly litigation reminder.
Directed to send monthly report instead of
special quarterly one.
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"63. City Manager Verbal Reports
63. The City Manager (CM) explained there had
been complaints re the clock continously
showing during Commission meetings. It is
now shown every 5 minutes for 1 minute.
She indicated meetings are shorter,
therefore there is more scrolling of the
bulletin board. Regarding the gap created
when tapes are changed, she indicated this
is due to a decision that staff could be used
more effectively on other projects rather
than monitoring the copying of the video
tapes of meetings which can take 6-8
hours. Commission did not direct any
changes to current procedure.
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eM stated Commissioner Thomas requested
she bring up his request that the
Commission go on record opposing
additional tourist tax. Consensus to send a
letter in opposition.
64.
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Commission Discussion Items
Other Commission Action
64.
65.
None.
Johnson expressed concern re letters being
received re disturbances on the beach. eM
reported the Police will be meeting with the
hotel/motel owners to discuss.
Dallmann suggested the Ordinance re
receipt & referral and other Central
Permitting procedures be broken up into
separate issues.
Garvev requested reconsideration of
advertising in the Clearwater Gazette &
Beach Views.
66.
Adjournment
66.
9:12 p.m.
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CITY COMMISSION MEETING
April 20, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, April 20, 1995 at 6:02 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Michael R. Dallmann
J. B.Johnson
Absent:
Fred A. Thomas
Also present:
, t~
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Vice-Mayor/Commissioner
, I
City Manager
Deputy City Manager
City Attorney
Central Permitting Director
City Engineer
City Clerk
Board Reporter
The Mayor called the meeting to order. The invocation was offered by Father
Edward J. Mulligan of St. Brendan's Catholic Church. The Mayor led the Pledge of
Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.'
ITEM #3 - Service Awards
One service award was presented to a City employee.
,
ITEM #4 - Introductions and Awards
Proclamations:
;
Civitan Awareness Week - April 10- 16, 1995.
ReLeaf Day - April 22, 1995.
The Mayor indicated the art work displayed in the Chambers was from Community
Pride Day Care in celebration of the uWeek of the Child."
ITEM #5 - Presentations
a) Library Board ~ Annual Report
v
mincc04b.95
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04/20/95
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Chair Tony Bacon presented the Library Advisory Board's Annual Report. He said
the 11 member board advises the Library Director and City Commission. Board
recommendations approved by the Commission include: 1) increase in fines to $0.10 a
day; 2) revised interlocal agreement with Pinellas Public Library Cooperative; and 3)
installation of a security system. Items of board interest include: 1) installation of touch
screen online computer bulletin boards at some branches; 2) revenues from doll collection
sale used to purchase children's materials; 3) start of Suncoast Freenet; 4) pilot program
with Sunday hours at Main Library; 5) reinstating best seller rentals; 6) two computer
classes for grandparents; 7) ongoing long range plan survey; and 8) access to Internet.
Mr. Bacon read a letter from Hanover College Vice-President/Dean of Students
complimenting the library's quality. Mr. Bacon reported transforming a storage room on
the Main Library's third floor to administrative offices and a meeting room, permitted all
public service functions to be housed conveniently together on the second floor. The Data
base plus has been expanded extensively and the Pinellas Public Library Cooperative
information center is now located at Clearwater's Main Library. This data base has access
to the biographical index CD ROM recently purchased by the Cooperative for the
information center.
Mr. Bacon said plans include: 1) public Internet access in aI/library branches; 2)
early formulation of Fiscal Year (FY) 1 995~96 projects; 3) scheduled summer meeting for
budget review; 4) expansion of computer classes; 5) installation of computers for public
use in all branches; and 6) use of CD ROM to teach art to children.
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Mr. Bacon said the Library's membership in the Pinellas Public Library Cooperative
has worked well. The Clearwater Public Library System issued 526 cards to Largo
residents while Largo's library issued 503 to Clearwater residents. Circulation increased
12%, less than the projected 22%. Mr. Bacon urged the Commission to continue their
support of membership in the Cooperative. He felt optimistic a City candidate would be
elected to the Cooperative's board in July 1995. He said the library has grown to a great
"State of the Art" library with the help of many dedicated people.
b) Long Center 1995/96 budget - Mark Abdo
At Mr. Abdo's request, his presentation was postponed.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
April 6, 1995, as corrected by the City Clerk. The motion was duly seconded and carried
unanimously.
ITEM 117 - Citizens to be heard re items not on the Agenda
Rov Cadwell spoke in favor of amending Ordinance 30 '-7 to return control of
private property back to owners. He expressed concern that purchasers of properties not
meeting minimum standards are forced to spend money for upgrades. He said these
y
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decisions should be made by private owners, not a building department. He felt this
ordinance is socialistic.
Dins Atkins questioned if Jay Elliott's statement had been included in the COBG
Grantee Performance Report (GPR). The City Manager indicated Mr. Elliott's February
1992 104page letter was included \n the Fiscal Year (FY) 1992493 GPR. His January 27,
1995 letter and Ms. Atkins comments were included in the FY 1993-94 GPR.
Bob Wriaht said he had recommended that bikers and skaters be limited to the
south side of Memorial Causeway to provide safety for walkers on the north side. He
reported he was iniured on April 16, 1995 on the causeway's north side when he was
thrown to the pavement by a bicycle rider.
'I
Elsie Mae Richardson said she lives in a bad neighborhood and has been fighting the
situation since 1988. She reported her car and van windows were shattered two weeks
ago after she witnessed a neighbor's drug deal. Ms. Richardson requested Police action in
her Plaza Park neighborhood to address drug dealers.
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David Grice stated Ms. Richardson is one of many neighborhood victims and
expressed concern regarding drug dealing activities in the vicinity of Plaza Park. He
indicated when the Police patrol the area, criminal activities are curtailed. He requested the
City address code violations that exist at houses where drug activities occur. Mr. Grice
requested that police reports note when drug arrests are made within 200 feet of Plaza
Park, a designated "Drug Free Zone." He said the neighborhood needs help and is held
captive by homeowners who act illegally.
David Camobell expressed concern regarding an increase in the time spent scrolling
bulletin board items on C-View 35, rather than providing community affairs production. He
complained the station does not adhere to its program schedule and expressed concern
regarding video lost when tapes are switched during the recording of City meetings. Mr.
Campbell requested the clock be displayed continuously during broadcast of the
Commission meetings. He said turning it on and off is labor intensive and noted the clock
is helpful as a reference point when reviewing tapes.
PUBLIC HEARINGS
ITEM #8 - Variance{s) to Sign Reaulations for property located at 387 Mandalay Ave.,
Barbour Morrow Sub., Blk. A, Lots 23-25 (Homer Realty Co./Lappert's Ice Cream, SV95-
20) (CP)
The applicant requests two variances: 1) an area variance of 4.8 square feet from
the permitted 22.5 square feet to allow 27.3 square feet of attached signs and 2) a ratio
variance of 0.32 square feet of attached sign area per foot of building width to allow 1.82
square feet of attached sign area per foot of width.
The subject property, north of Marianne Street on the east side of Mandalay
Avenue, is zoned Beach Commercial. The variances are requested to permit existing
attached signs to remain.
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04/20/95
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The four small shops on this property are adjacent to Mandalay Avenue's public
sidewalk. This variance is for the southernmost occupancy, the ice cream shop. Special
circumstances support approval of these variances. The allowable sign area is relatively
small due to the business' limited width. The variances are minimal. It is improbable a 4.8
square foot increase would be detectable by a casual observer. Approval of the variances
will not degrade or otherwise affect the appearance of the Mandalay Avenue business
district.
William P. Goff, representative for the applicant, verified pictures of the property
presented him by Central Permitting Director Scott Shuford.
Commissioner Berfield moved to approve the following variances: 1) an area
variance of 4.8 square feet from the permitted 22.5 square feet to allow 27.3 square feet
of attached signs, and 2) a ratio variance of 0.32 square feet of attached sign area per foot
of building width to allow 1.82 square feet of attached sign area per foot of width, on
property identified as Lots 23, 24, and 25, Block A, Barbour Morrow Subdivision, for
meeting Sec. 45.24 Standards for Approval, items (1 )-(4). The motion was duly seconded
and carried unanimously.
ITEM #9 - Variance{sl to Sian ReQulations for property located at 23917 US 19N, Ehle
Sub., Lot 1 and Hill-Top Sub., parts of Lots 6 & 7 (U~Haul of West Coast of Florida/U-Haul
Co., SV95-21) (CP)
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The applicant is requesting an area variance of 37.6 square feet from the permitted
64 square feet to allow a freestanding sign with an area of 101.6 square feet. The subject
property, south of Sunset Point Road on the east side of US 19N, is zoned General
Commercial. The variance is requested to permit replacement of the existing sign.
Mast commercial properties fronting US 19N are assigned zoning of either Highway
Commercial or Commercial Center. US 19N properties developed with a single commercial
use or with commercial complexes with floor areas less than 25,000 square feet are normally
zoned Highway Commercial with 64 square feet of permitted freestanding sign area.
Commercial Center zoning is normally assigned to shopping centers with a floor area of
25,000 square feet or more and is permitted 112 square feet of permitting freestanding sign
area. The U~Haul property is the only property within Clearwater fronting US 19N that is
zoned General Commercial. An unintended effect of this zoning is a more restrictive sign area
for the U~Haul property than other commercial properties on US 19N. Staff feels enforcement
of the code would deprive the applicant of a reasonable use of this land. limiting this property
to 64 square feet of freestanding sign area when similarly situated properties are permitted
112 square feet would impose an unnecessary hardship on this applicant.
Herb Schneider, representative for the applicant, verified pictures of the property
presented him by Central Permitting Director Scott Shuford. Mr. Schneider said the variance
would provide U-Haul the same opportunity to advertise as other area businesses.
Commissioner Berfield questioned if a new sign was being installed. Mr. Schneider said
the new sign is lower and smaller than the current sign. He said the additional size was
needed because of the sign's location in a low lying area and nearby obstacles.
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Commissioner Johnson moved to approve an area variance of 37.6 square feet from
the permitted 64 square feet to allow a freestanding sign with an area of 101.6 square feet,
on property identified as Lot 1, Ehle Sub., and parts of Lots 6 and 7 , Hill-Top Sub., for meeting
Sec. 45.24 Standards for Approval, items (1 H4). The motion was duiy seconded. Upon the
vote being taken. Commissioners Dallmann and Johnson and Mayor Garvey voted" Aye":
Commissioner Berfield voted "Nay." Motion carried.
ITEM #10 - Variance(s) to Sian Reoulations for property located at 645 Bayway Blvd.. Bayside
Sub. No.5, elk. 8. Lot 5 (Doran, Trustee/Hungry Howio's, SV95-22) (CP)
The applicant is requesting two setback variances for the freestanding sign: 1) a
variance of three-feet from the required five-feet to allow a freestanding sign two.feet from
Bayway Blvd. right-of-way. and 2) a variance of three-feet from the required five-feet to allow
a freestanding sign two~feet from the west property line. The subject property, east of the
S Gulfview Blvd. intersection, is zoned Beach Commercial. The variance is requested to permit
the existing freestanding sign to remain.
Within this zoning district, freestanding signs are allowed where buildings are at least
15-feet from the street right-of-way. The building is 53 feet from the right-of-way and a
freestanding sign is allowed. The existing sign, two-feet from the west property line and two
feet from the Bayway Blvd. right-of-way, does not satisfy the five~foot setback requirement.
Moving the sign would require removing a parking space and would impose a hardship on the
applicant.
Kevin Kenneally. representative for the applicant, verified pictures of the property
~,.~:;~~ presented him by Central Permitting Director Scott Shuford. Mr. Kenneally said if he had to
move his sign, he would need to replace it with one that is larger and taller.
Commissioner Berfield moved to approve the following variances: 1) a variance of
three-feet from the required five-feet to allow a freestanding sign two-feet from Bayway Blvd.
right-of-way, and 2) a variance of three-feet from the required five-feet to allow a freestanding
sign two-feet from the west side property line. on property identified as Lot 5, Block B,
Bayside Sub. No.5. for meeting Sec. 45.24 Standards for Approval, items (1 H4), subject to
the following conditions: By maintaining a sign within the street setback pursuant to this
variance. the owner and applicant agree that no governmental agency shall be liable for the
cost of relocating or removing the sign in the event the property is acquired by eminent
domain for road widening or any other public purposes. The motion was duly seconded and
carried unanimously.
ITEM #11 - Variance Is} to Sign Reaulations for property located at 467 Mandalay Ave.,
Clearwater Beach Park 1st Add. Blk. B, N 15' of Lot 26 and all of Lots 27-31 and Clearwater
Beach Park 1 st Add Replat, Blk. A. Lots 9 & 10 together with vacated alley in between (JEC
Funding, Inc./Eckard Drugs, SV95-23) (CP)
The applicant requests the following variances: 1) an area variance for attached signs
oriented to Mandalay Ave. of 52.67 square feet from the permitted 48 square feet to allow
100.67 square feet, and 2) a variance of two wall signs oriented to Mandalay Avenue to allow
five wall signs. The subject property is north of Papaya Street on the east side on Mandalay
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Avenue and is zoned Beach Commercial. The variance is requested to permit replacement of
the existing signs.
The Eckerd Drugs' property fronts Mandalay Avenue and its rear adjoins Poinsettia
Avenue. The property is entitled to 48 square feet of attached signs oriented to Mandalay
Avenue and 48 square feet of attached signs and a 50 square foot freestanding sign oriented
to Poinsettia Avenue. The applicant proposes 100.67 square feet of attached signs oriented
to Mandalay Avenue, exceeding the code by 52.67 square feet.
Staff feels special circumstances exist that support variance approval. The applicant
proposes to forgo placement of a freestanding sign along Poinsettia Avenue and proposes to
utilize only part of the attached sign allocation for the Poinsettia Avenue frontage. That one
sign will be near the building's southeast corner and measure 18.75 square feet, 29.25 square
feet less than permitted. Staff feels the building's 100 foot width is sufficient to support
additional sign area along Mandalay Avenue. The 71.92 square feet of attached signs
proposed for the building's facade is less than the permitted maximum. Unlike other area
, buildings, Eckard Drugs's south wall is exposed to northbound Mandalay Avenue traffic. With
the removal of the freestanding sign, the south wall becomes the most advantageous location
to identify the property to northbound motorists. The applicant's proposal to place two signs
totalling 28.75 square feet oriented to northbound traffic is in keeping with the scale of the
south building face. Because only three of the five wall signs oriented to Mandalay Avenue
are located on the same building face, the existence of two more wall signs than the code
allows will not cause the appearance of the property or area to be degraded.
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Ed Armstrong, representative for the applicant, verified pictures of the property
presented him by Central Permitting Director Scott Shuford. Mr. Armstrong said the proposal
is a result of discussions with staff regarding appropriate signage. Substantial remodeling and
upgrading of the store is planned. Mr. Armstrong presented an artist's rendering of ttle
proposed signage on the building.
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The Mayor questioned if the current freestanding sign would remain. Mr. Shuford said
that sign would be removed and the conditions forbid additional signage. The Mayor
recommended including a condition that requires removal of the freestanding sign. Mr.
Armstrong indicated that condition would be acceptable.
Commissioner Berfield moved to approve the following variances: 1) an area variance
for attached signs oriented to Mandalay Ave. of 52.67 square feet from the permitted 48
square feet to allow 100.67 square feet, and 2) a variance of two wall signs oriented to
Mandalay Avenue to allow five wall signs on property identified as Clearwater Beach Park 1 st
Addition. Block S, north 15-feet of Lot 26, and all of Lots 27-31. and Clearwater Beach Park
1st Additional Replat, Block A, Lots 9 and 10, together with the vacated alley in between, for
meeting Sec. 45.24 Standards for Approval, items {1 H4}, subject to the following conditions:
No additional signs shall be placed on this property and the current freestanding sign shall be
removed. The motion was duly seconded and carried unanimously.
ITEM #12 - (Cont'd from 03102/95) Public Hearing & First Reading Ord. #5771-95 ~ RPD
Zoning for property located at 1550-1570 Jasmine Way, Druid Groves, elk. A. Lots 7-12 &
vacated right-of-way adjacent to west side of Lot 12; and Preliminary Site Plan (Clearwater
Community Hospital, Z94-15) (CP)
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The subject property, one street south of Druid Road E on the north side of Jasmine
Way, runs from Clearwater Community Hospital's west property line to Crest Avenue. Last
year, the north half of the block was rezoned to Multiple-Family Residential "Eight" and a
conditional use for non-commercial parking, substantially completed and being used, was
granted. The hospital purchased the remainder of the block and wishes to expand the parking
lot. The original request was to rezone the south half of the block to Multiple-Family
ResidentialliEight" with a separate application for a conditional use for the proposed parking
lot expansion.
On February 14, 1995, the Planning & Zoning Board (P&Z) continued the public hearing
to enable hospital staff and neighbors to discuss buffering the proposed expansion. An
amendment resulted to request Residential Planned Development zoning with the single
permitted use of non-commercial parking and the site plan was revised to include a six-foot
high masonry wall along Jasmine Way, continuing up Crest Avenue for approximately fifty feet
with buffered landscaping. Residents on the south side of Jasmine Way, across from the
proposed parking lot, have indicated they do not want a sidewalk on the north side and have
requested the masonry wall rather than a berm. The maximum height of 30 inches for a wall
in residential districts can be modified by the City Commission through approval of the planned
development zoning site plan. The remainder of the site plan is substantially the same as
previously presented. A large Jacaranda tree, not shown on the plan, will apparently be
removed because it is in the proposed parking area.
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The present rezoning is for the south half of the block, Phase II of the parking lot. Staff
recommends as a condition of approval that the applicant be required to submit an application
to rezone the north half of the block to Residential Planned Development with a pe'rmitted use
of non-commercial parking and a single site plan for the whole area; Le. the submitted site
plan as it may be modified by the City Commission.
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On March 28, 1995, P&Z unanimously recommended approval subject to the listed
conditions.
Richard Katzeff, Clearwater Community Hospital CEO, said the hospital met with
neighbors several times to address concerns regarding the hospital's need to construct
additional parking. He said the plan was good and would improve the overall neighborhood.
Jim Shawn, architect, presented a rendering of the planned parking lot and six-foot
masonry wall facing Jasmine and Crest and noted where he had worked landscaping into the
design. He said he understood and will incorporate the conditions.
Gerard Coleman said he lives 100 feet from the hospital property and is distressed and
frustrated over this rezoning and the way it was handled. He said he was never notified of
the rezoning. Mr. Coleman requested a grand jury investigation into this matter. He noted
Clearwater Community Hospital is a subsidy of the largest hospital corporation in America.
He expressed concern his property values will decline and taxes for all citizens would bo
increased if the land is rezoned for a parking lot. Since the parking is to be designated for
employees only, he recommended allowing parking behind the YMCA.
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The Mayor questioned if a different zoning designation would be required to permit the
construction of 8 six-foot wall. Mr. Shuford said this zoning is more restrictive than one that
would permit a parking lot and six foot wall. The Mayor noted the hospital would have to
return to the Commission before they could convert the land to any other use. The City Clerk
said the City did extraordinary notification regarding this proposed zoning change.
Mr. Coleman said he is resisting the request because he is concerned his house will end
up in the middle of a parking lot and his property values will depreciate. He reiterated that
adequate parking is available behind the YMCA and questioned why additional parking needs
to be created.
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Commissioner Johnson moved to approve the application for Zoning Atlas Amendment
to Residential Planned Development for Lots 8 through 12, Block A, Druid Groves together
with, 1/2 of vacated street adjacent to the west side of Lot 12, and refer the site plan to the
Development Review Committee subject to the following conditions: 1) permitted use shall be
limited to non-commercial parking; 2) prior to issuance of a building permit, approval by the
City Manager for not installing a sidewalk along the north side of Jasmine Way; 3) applicant
to file application to rezone Lots 1 through 6 and adjacent vacated right-of-way on the west
to Residential Planned Development incorporating the whole parking lot into a single RPO with
a single approved site plan prior to issuance of building permit for Phase II of the parking lot;
4) prior to issuance of a building permit, approval of the City Engineer to use part of the right-
of-way along Jasmine Way for landscaping in front of the wall; 5) applicant to show
Jacaranda tree on the site plan prior to second reading; 6) the permitted parking shall be
signed, electronically gated and managed during hours of operation for the exclusive use of
the employees; 7) parking lot luminaries shall not exceed 12 feet in height and shall be
directed downward with 90 degrees' cutoff features and away from residential areas; 8) hours
of parking lot use shall be restricted to 6:30 a.m. until midnight daily; and 9) the parking lot
facility shall be used for hospital employees only. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #.5771-95 for first reading and read it by title
only. Commissioner Berfield moved to pass Ordinance #5771-95 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayesll: Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas
ITEM #13 - lCont'd from 02/02 & 03/16/95) Public Hearino & First Readino Ords. #5741-95
& #5742-95 - land Use ,Plan Amendment to Commercial General & CPO Zoning for property
located at 509 Bayview Ave. & 508 Meadow Lark Lane, McMullen Bayview Sub., Tract A.
Blk. 3. Lots 1 & 2 and S 1/2 of right-at-way to the N (R. Roy Meador, LUP93-43. Z93-54) (CPl
The applicant has requested a continuance until May 4, 1995. A concerned neighbor,
in a March 30, 1995 letter, has indicated no objection to continuing this item for a final time.
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Commissioner Barfield moved to continue this item until May 4. 1995. The motion was
duly seconded and carried unanimously.
ITEM 1114- {Cont'd from 04/06/951 Public Hearing & First Readina Ord. #5788-95 - Vacating
10' east/west alley lying in Blk. E, Plaza Park Addition, less W 100', subject to City retaining
a full width drainage & utility easement (City, V95-01) (CP)
The City requests vacating the 10-foot east/west alley lying in Block liE," Plaza Park
Addition. Community NeighborhOOd Housing Services has built several homes on Hart Street
that abut the alley proposed by this vacation. Vagrants have been using the alley to camp and
cut through residents' backyards. The vacation will allow residents on both sides of the alley
to fence in their yards to a common back property line. The alley vacation will remove this
land from City ownership and it will become taxable property. The west ,100 feet of this alley
was not included with the right-of-way vacation because an existing home with a garage
apartment requires access from this alley.
The City has no utilities within the unpaved alley. This petition has been reviewed by
various City Departments and there are no objections. Public utilities have reviewed this
request and have no objection to this vacation provided a utility easement is retained full
width. Staff recommends approval.
In the Plaza Park Subdivision, mast of the alleyways are paved, and in some cases are
used as the main access for small apartments. Two area alleyways in Blocks C and Dare
grassed and appear to never have been used as roadways.
O:":~ ,Mr. Shuford said staff can bring forward vacation requests and address these alleys in
the future.
Commissioner Johnson moved to approve the City-initiated vacation of the 1 Q-foot
east/west alley lying in Block liE," Plaza Park Addition less the west 1 00 feet subject to the
City of Clearwater retaining a full width drainage and utility easement. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5788~95 for first reading and read it by title
only. Commissioner Berfield moved to pass Ordinance 115788-95 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes't: Berfield, Johnson, Dallman and Garvey.
"Nays": None.
Absent: Thomas
Consensus was for staff to initiate vacations of the two grass alleys in Blocks C and
D.
ITEM #15 ~ Public Hearing & First Readina Ord. #5792-95 - LDCA re fences in structural
setback area for waterfront property (Single Family zones only)(LDCA 95-03) (CP)
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Citizens who own waterfront property have approached staff regarding fencing in back
yards for the safety of children and pets. This ordinance would permit non-opaque fences up
to 36 inches in height on waterfront, single family residential properties within the structural
setback area. Staff proposes restricting fences to non-opaque materials (chain link or picketl.
The Planning and Zoning Board (P&Zl and Development Code Adjustment Board (DCAB)
unanimously endorsed this ordinance with comments: 1) P&Z - a) no restrictions on chain link
fence material, and b} the side extensions of fences should be aI/owed to go over the seawall
to restrict pedestrian traffic, and 2) DCAB - a} no use of chain link fencing materials, and b)
fences should not be installed on the tops of seawalls.
The Mayor questioned what changes had been made to the ordinance. Mr. Shuford
said. based an Commission direction, the ordinance will permit fences to be a maximum of 36
inches above the seawall and could be built an the seawall. If there is no seawall, the fence's
maximum height would be 36 inches.
Commissioner Berfield questioned if existing fences would be grandfathered. Mr.
Shuford said they would.
Commissioner Dallmann referred to DCAB's recommendation against use of chain link
fencing materials. Mr. Shuford said staff had considered their recommendation. ' Regarding
concerns about the water view, Mr. Shuford suggested chain link materials are more opaque
than pickets
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Commissioner Dallmann moved to approve the code amendment concerning fences in
waterfront setbacks. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5792-95 for first reading and read it by title
only. Commissioner Dallmann moved to pass Ordinance #5792-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent:, Thomas.
ITEM #16 ~ Public Hearina & First Readina Ord. #5817M95 - LDCA re Design Review Board
(LDCA 95-01) (ep)
The City Manager indicated a request had been made to pull this item from tonight's
agenda.
Commissioner Barfield moved to continue this item until May 4, 1995. The motion was
duly seconded and carried unanimously.
ITEM #17 M (Cont'd from 04/06/95) Public Haaring & First Reading Ord. #5766-95 - LDCA re
revisions to receipt and referral and other related requirements (LDCA95-05) (ep)
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The City Manager indicated a request had been made to pull this item from tonight's
agenda.
Commissioner Berfield moved to continue this item until May 4, 1995. The motion was
duty seconded.
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Bob Wright expressed concern regarding plans to eliminate City Commission review of
all site plans less than 25 acres in size. He requested his letter from Clipper Cove be made
part of the record (Exhibit A). Mr. Wright said staff made several errors when approving the
Cutter Cove Townhouse Development: 1) the plan had no provision for stormwater runoff on
the north side or east sides where Cutter Cove abuts Clipper Cove ,property; 2) the proposed
townhouses were five feet off Clipper Cove's property lines on the north and east where City
Code calls for fifteen feet; 3) the site plan used Clipper Cove's south driveway without
permission and indicated Clipper Cove's south parking lot would be used for Cutter Cove's
overflow parking; and 4) none,of the residents in Clipper Cove's 184 units was notified of the
proposed construction of Cutter Cove. He said Clipper Cove's property has been subjected
to erosion and flooding. He said he has had poor results from his attempts to work with
Central Permitting. He expressed concern that Cutter Cove has negatively affected his
property values. Mr. Wright invited the Commission and senior staff to visit this site before
approving the ordinance. He requested the flooding and erosion problems be remedied. Mr.
Wright recummended the City Commission review all site plans greater that five acres or with
more than eight units. The Mayor indicated staff will reply to Mr. Wright's letter. Mr. Shuford
said the ordinance will provide greater public notice as all sites will require a 24 square foot
sign explaining development plans and proYiding a City phone number for citizens to express
concerns and ask questions.
Upon the vote being taken, the motion carried unanimously.
Public Hearina . Second Reading Ordinances
ITEM #18 - Ord. #5766~95 - LDCA re revisions to receipt and referral and other related
requirements (LDCA95-05)
No action was taken as the first reading, scheduled for April 6. 1995, was continued
to April 20, 1995.
ITEM #19 - Ord. #5770-95 - Establishing a Neighborhood and Affordable Housing Advisory
Board (NAHAS)
The City Attorney presented Ordinance #5770~95 for second reading and read it by title
only. Commissioner Barfield moved to pass and adopt Ordinance #5770-95 on second and
final reading. The motion was duly seconded and upon roll call, the yote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays't: None.
Absent: Thomas.
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ITEM #20 - Ord. 1!5787-9~ - providing for assessment of 10% surcharge on curbside recycling
provided to customers outside the municipal limits of Clearwater '
The City Attorney presented Ordinance #5787-95 for second reading and read it by title
only. Commissioner Dallmann moved to pass and adopt Ordinance #5787-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson. Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #21 - Ord. #5789-95 - Vacating westerly 5' of a 10' easement lying in Lot 99,
Woodgate of Countryside - Unit Two, less southerly 5' (Gauthier/CaUahan, V95-Q2)
The City Attorney presented Ordinance #5789-95 for second reading and read it by title
only. Commissioner Berfield moved to pass and adopt Ordinance #5789-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
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Absent: Thomas.
ITEM #22 - 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)
The City Attorney presented Ordinance #5790.95 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #5790-95 on s(3cond and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson. Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #23 - Ord. #5796-95 - Annexation for property located at 1701 St. Croix Dr., Virginia
Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19 acres m.o.!. (Nenadovich, A94-30)
The City Attorney presented Ordinance #5796-95 for second reading and read it by title
only. Commissioner Berfield moved to pass and adopt Ordinance #5796-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
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.. Ayes": Berfield, Johnson, Callmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #24 - Ord. #5797-95 - land Use Plan Amendment to Residential low for property
located at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. 0, Lot 1, 0.19
acres m.o.l. (Nenadovich, LUP94-36)
The City Attorney presented Ordinance #5797-95 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #5797-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #25 - Ord. #5798-95- 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.!. (Nenadovich, A94-30)
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The City Attorney presented Ordinance #5798-95 for second reading and read it by title
only. Commissioner Dallmann moved to pass and adopt Ordinance #5798-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield. Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #26 - Ord. #5799-95 - Annexation for property located at 1748 Ragland Ave.,
Clearwater Manor Sub., Lot 53, together with abutting right-oJ-way of Ragland Ave. (Downin,
A94-29)
The City Attorney presented Ordinance #5799-95 for second reading and read it by title
only. Commissioner Berfield moved to pass and adopt Ordinance #5799-95 on second and,
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
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ITEM #21 - Ord. #5800-95 - Land Use Plan Amendment to Residential Low for property
located at 1748 Ragland Ave., Clearwater Manor Sub., Lot 53, together with abutting rjght~of-
way of Ragland Ave. (Down;n, LUP95-35)
The City Attorney presented Ordinance #5800-95 for second reading and read it by title
only. Commissioner Dallmann moved to pass and adapt Ordinance #5800-95 an second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #28 - Ord. #5801-95 - RS-B Zoning for property located at 1748 Ragland Ave.,
Clearwater Manor Sub., Lot 53, together with abutting right-at-way of Ragland Ave. (Downin,
A94-29) .
The City Attorney presented Ordinance #5801-95 tor second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #5801-95 on second and
final reading. The motion w~s duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Johnson, Dallmann and Garvey.
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"Nays": None.
Absent: Thamas.
ITEM #29 - Ord. #5802-95 - Amending Sees. 52.02 & 52.34, amending definition of
"Departm,ent," amending process for receiving & scheduling appeals,to the Development Code
Adjustment Board (ra Tree Protection)
The City Attorney presented Ordinance #5802-95 for second reading and read it by title
only. Commissioner Berfield moved to pass and adopt Ordinance #5802-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayeslf: Berfield, Johnson, Dallmann and GarvE:lY.
"Nays": None.
Absent: Thomas.
ITEM #30 - 50ecialltems of widesoread oubUc interest - None.
ITEM #31 - Citizens to be heard ra items not on the Agenda - None.
CITY MANAGER REPORTS
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CONSENT AGENDA (Items #32-48) . Approved as submitted less Items # 32, 36, and 41.
ITEM #32 - See oaoe 16.
ITEM #33 - CQntract with Bryant. Miller & Olive, P.A. for City's Bond Counsel. for a 3 year
period [FN)
ITEM #34. Contract with Nabors, Giblin ~ Nickerson. P.A. for City's Disclosure Counsel. for
a 3 year period (FN)
I
ITEM #35 - Guarantv Aareement between Florida Gas Transmission and Clearwater Gas
System as a member of the Municipal Gas Authority of Florida (MGAF), for Phase III natural
gas volumes (GAS)
ITEM #36 - See oaoe 16.
ITEM #37 - Acceot title to Lpt 34. Blk. E. First Addition to Sunset Point. a/k/a 1872
Soringtime Avenue, by Quitclaim Deed from Henry G. Cisneros, Secretary of HUD, in lieu of
payment of $6,016 structure demolition cost incurred by the City, subject to formal closing
& issuance of title insurance at an estimated $125 (EN)
ITEM #38 - Reuse Water Agreement with Sylvan Abbey Memorial Park Inc. & Clearwater land
Company (EN)
ITEM #39 - Oeoartment of the Armv Consent to Easement to cross intracoastal waterway with
t;:~::;.:~ the Clearwater Harbor Force Main Replacement (EN)
ITEM #40,- Easement Agreement with Florida Power Corp. (FPC) for water well & water main
construction and maintenance within FPC right-of-way adjacent to NE Coachman Rd., subject
to conditions, for $1 (EN)
ITEM #41 - See oage 1 6.
ITEM #42 - Preliminarv Plat for Park Place OutDarceh! located on N side of Gulf to Bay Blvd.,
on E & W sides of Park Place Blvd., Sec. 17-29-16, M&B 23.10 & 24.05; authorize ORC to
approve final plat subject to it being recorded prior to issuance of a Certificate of Occupancy
for any of the buildings (Lincoln Commercial Properties. Inc.) (CP)
ITEM #43 - Final Site Plan for Religious Community Services (RCS) Emergency Housing Project
located at 1552 & 1558 S. Myrtle Ave., subject to ORC conditions (ReS, PSP95-03) fCP)
ITEM #44 - Receiot/Referral - Annexation, land Use Plan Amendment to Residential Low &
RS-4 Zoning for property located at 1812 Brentwood Dr., lake lela Manor, First Add., Lot 8,
0.36 acres m.o.1. (Jeffrey J. & Kolleen Elliott, A9S-05, lUP95-06) (CP)
ITEM #45 - Receiot/Referral - Annexation, land Use Plan Amendment to Residential Urban &
RS-8 Zoning for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, lot 8
together with abutting r-o-w of Carolina Ave. & abutting alley to the N. 0.15 acres m.o.1.
(Jeffrey M. & Billie C. Wilkerson. A95-06, lUP95-07) (CP)
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ITEM #46 - Receipt/Referrfjl - Annexation, Land Use Plan Amendment to Residential Low &
RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-' 6, M&B , 4.17, 1.02
acres m.o.1. (Allen M. & Ann R. McMullen, A9S-07, LUP95-0S) (CPJ
ITEM #47- Sanitary S(;lwer lien agreement - 2446 Nursery Rd. (Rivera) (CAl
ITEM #48 - Sanitary sewer lien SQreement - 1531 laurel Dr., Nob Hill Sub., Lot 3 (Lugo) (eA)
Commissioner Berfield moved to approve the Consent Agenda as submitted less Items
#32, #36 and #41 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #32 - Contract with Ravmond James & Associates. Inc., to be City's Financial Advisor
for a period of 3 years (FN)
AND '
ITEM #41 - AQreement for orofessional enaineerina services with Post, Buckley, Schuh &
Jernigan, Inc., for a term of 5 years (EN)
The City Manager indicated a request had been made to pull these items from tonight's
agenda.
Commissioner Berfield moved to continue Items #32 and 41 until May 4, 1995. The
t:~~~~ motion was duly seconded and carried unanimously.
ITEM #36 - ReQuest for road closure - Church of Scientology (CM)
On May 5, 1995, the Church of Scientology anticipates approximately 3,000 persons
will attend a religious retreat at the Fort Harrison Hotel and have requested permission to close
one southbound lane of S. Ft. Harrison Ave. between Pierce and Franklin Streets from 6:00
p.m. until midnight to help ensure the safety of participants. Off duty police officers will be
hired to assist with pedestrian safety and traffic control. A Special Event application was tiled
with Parks & Recreation.
It was indicated this type of closure had been approved previously.
Commissioner Berfield moved to grant the right to the Church of Scientology to shut
the outside, southbound lane of S. Ft. Harrison Avenue between Pierce and Franklin Street
on May 5, 1995 from 6:00 p.m. until 12:00 a.m. The motion was duly seconded and carried
unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #49 - Res. #95-37 - designating an area within the City as the City of Clearwater
Enterprise Zone (ED)
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To provide necessary incentives to attract private sector investment. the City should
limit fiscal and regulatory constraints and identify ways to facilitate business investment. Any
county or municipality with an area of chronic high unemployment, physical deterioration, and
extreme disinvestment may apply to the Florida Department of Commerce to designate an
Enterprise Zone after completing the nomination procedure. The first requirement in
designating an Enterprise Zone is adoption of this resolution.
Bob Kenney, Chair of the Enterprise Zone Development Committee, said each block
group within the Enterprise Zone must have a minimum poverty rate of 20% and the overall
poverty rate for the zone must be at least 30%. One third of the households within this
designated Enterprise Zone live at or below the poverty level. All but two of the block groups
have poverty rates of 29% or greater. The area exhibits chronic levels of general distress.
Twelve percent of the households receivo public assistance, a rate three times higher than the
City as a whole. Mr. Kenney said the proposed zone is the maximum area allowed under State
guidelines and is the most distressed part of the community where property values are
declining. The area has a high concentration of substandard housing, commercial vacancy,
unemployment and poverty.
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Mr. Kenney said the objective, over the ten-year period of the Enterprise Zone, is to
provide quality affordable housing, bring all residential and commercial structures into code
compliance, encourage new business, expand existing business, and create jobs for zone
residents. It is anticipated that $94-million will be invested in the zone's commercial,
industrial, and residential property in the ten-year period. Local tax incentives are worth
approximately $3-million over ten years. Only $70,000 per year represents current revenue.
Investment from the private sector must occur before any tax incentive eligibility becomes
effective.
Economic Development Director Alan Ferri said the Enterprise Zone legislation being
considered tonight and on May 4, 1995 is the product of six-months of work by over 20
volunteers. He reported the Enterprise Zone Development Committee, the Planning & Zoning
Board, and a public hearing held April 19, 1995 all recommend adoption of the entire area.
The Mayor questioned if the State could cut out certain areas if Clearwater's Enterprise
Zone is approved. Mr. Ferri said the State would either approve or deny the entire zone. The
City Manager stated Commissioner Thomas had requested she note his opposition to including
the whole area as outlined by staff. She said staff will work with Commissioner Thomas to
address these concerns.
Commissioner Dallmann expressed concern that the Enterprise Zone will overlap the
eRA district. He noted the Enterprise Zone has a tax abatement program while the CRA
provides tax increment financing. He requested clarification. Mr. Ferri said the Strategic Plan
for the Enterprise Zone identifies all business properties in the eRA district that are eligible for
property tax abatement. Instead of granting an abatement of ad valorem taxes, the Economic
Development Department will lend the business owner the equivalent of the dollar value of the
abatement from the Economic Development Loan Fund. Tax increment financing revenues
generated by the CRA will not be impeded. The City Attorney said the Commission cannot
delay addressing the resolution until May 4, 1995, because the ordinance to be adopted
subsequently refers to the area adopted in this resolution. Mayor Garvey recommended
including all areas that meet the criteria.
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Commissioner Johnson moved to approve creation of the Enterprise Zone. The motion
was du\V seconded.
Commissioner Dallmann expressed concerns regarding the resolution. He approved the
idea of an Enterprise Zone but felt the legislation was rushed due to time constraints. Mayor
Garvey reiterated that block areas qualifying to be in the Enterprise Zone should not be
excluded.
Commissioner Berfield questioned if all the blocks are adopted, would the City address
one block area at a time. Mr. Ferri said the 13 areas are census block zones. Although State
legislation requires Clearwater to use census block groups for delineation, the City will treat
the Enterprise Zone as a whole. The Mayor noted the incentive program requires property
owner commitment. Mr. Ferri said most incentives do not trigger until a property owner has
committed to an investment that would result in increased values and ad valorem taxes.
Commissioner Dallmann questioned if ai' this resolution does is establish the area. Mr.
Ferri indicated that was all. Commissioner Dallmann noted if the Commission denies the
second reading of Ordinance #5815-95, this resolution would be moot. Mr. Ferri agreed.
Commissioner Johnson questioned if the Enterprise Zone could be extended to the east
side of Ft. Harrison. Mr. Ferri said staff discussed that suggestion with State officials who
indicated legislation is specific regarding where the line has to be drawn. The east side of N.
Ft. Harrison currently cannot be included.
Commissioner Berfield noted one census block would be surrounded by the proposed
';'11 Enterprise Zone. Mr. Ferri noted that census block does not meet the eligibility criteria
t'\r:w established by State legislation. Commissioner Berfield questioned if that block could be
absorbed into the Enterprise Zone. Mr. Ferri said it is possible future legislation will permit the
City to amend boundaries. Commissioner Berfield expressed concern that property in that
block available for redevelopment would not qualify for incentives. Mr. Ferri noted the
boundaries of the old Enterprise Zone program were amended twice by legislation. The Mayor
said if Clearwater does not submit the application, the City cannot quality as one of the six
designated zones.
Upon the vote being taken, the motion carried unanimously.
"
The City Attorney presented Resolution #95w37 and read it by title only. Commissioner
Johnson moved to pass and adopt Resolution #95-37 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
;
,:
It Ayes": Berfield, Johnson, Dallmann and Garvey.
ItNays": None.
Absent: Thomas.
ITEM #50 - First Reading Ord. #5815-95 - creating the City of Clearwater Enterprise Zone
Development Agency (ED)
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After adopting Resolution #95-37, the City Commission must create a public body
corporate and politic to be known as an Enterprise Zone Development Agency (EZDA). The
agency shall be constituted as a public instrumentality, and the exercise by an EZOA of the
powers conferred by this act shall be deemed and held to be the performance of an essential
public function.
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The powers and responsibilities of the EZDA are: 1) to employ staff, subject to funding
availability; 2) to assist in the development and implementation of the strategic plan for the
Area; 3) to oversee and monitor implementation of the strategic plan for the Area; 4) to adopt
a set of bylaws to govern meetings and other activities; 5) to file with the City Commission
and with Florida's Auditor General, on or before March 31 of each year, a report of its
activities for the preceding fiscal year, including a complete financial statement; 6) to make
quarterly reports to the City Commission evaluating progress in implementing the strategic
plan for the Area; 7) to identify and recommend to the City Commission ways to remove
regulatory barriers; 8) to identify to the City Commission the financial needs of. and local
resources or assistance available to, eligible businesses in the Area; 9) to review, process, and
certify applications for State enterprise zone tax incentives pursuant to 55 212.08(5)(g);
212.08(5)(h), 212.08(15),212.096,220.181, and 220.182; 10) to provide assistance to
businesses and residents within the enterprise 20ne: 1 1) to promote the development of the
enterprise zone; 1 2) to borrow money and apply for and accept advances, loans, grants,
contributions; 13) to appropriate such funds and make such expenditures as are necessary to
carry out the purposes of this act; 14) to make and execute contracts and other instruments
necessary or convenient to the exercise of its powers under this section; 15) to procure
insurance or require bond against any loss in connection with its property in such amounts and
from such insurers as may be necessary or desirable; 16) to invest any funds held in reserve
or sinking funds, or any funds not required for immediate disbursement, in such investments
as may be authorized for this act; 17) to purchase, sell, or hold stock. evidences of
indebtedness, and other capital participation instruments; 18) to invest in community
investment corporations; and 19) to submit to the Florida Department of Commerce prior to
December 1 of each year a complete and detailed written report summarizing the activities of
the fiscal year.
Prior to the Area being designated as an Enterprise Zone by the Florida Department of
Commerce, the City Commission must create an EZDA pursuant to Section 290.0056 of the
Florida Statutes, Florida Enterprise Zone Act of 1994.
Economic Development Director Alan Ferri said the language regarding the creation of
an EZDA was lifted from State statues.
Commissioner Dallmann said to keep the process going, he would vote for this
Ordinance tonight but wanted staff to address his concerns prior to second reading. He noted
language in the ordinance gives broad powers to the EZDA. He expressed concern that it
would be difficult for Commissioners to remove members. The City Attorney said EZDA's
powers and the appointment method are established by State statute. Commissioner
Dallmann expressed concern that the legislation causes some Commission rights to be
transferred to the EZDA. He noted provisions make it difficult to replace a member. The four
City representatives comprise less than 1/3 of the board. The Mayor agreed it was frustrating
but there was not much the City can do. Mr. Ferri noted EZDA powers are established by
State statute.
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The City Attorney noted her version of Ordinance #5815-95 differs from Commissioner
Dallmann's.
The Commission recessed from 8:05 to 8:20 p.m.
The City Attorney indicated the Commission had the correct version of the ordinance
Commissioner Berfield noted if the EZDA is established, the agency could borrow or
loan money. She expressed concern the agency would have a broad base of authority. The
City Attorney said the authority is granted by ordinance but the Commission would have
budget and funding control. Mr. Ferri said the EZOA would be charged with implementing the
Strategic Plan approved by the City Commission.
Commissioner Berfield questioned if the City Commission or EZDA would be liable for
financial or legal problems the EZDA may incur. The City Attorney indicated EZDA would be
an independent board but the City would have some responsibility for oversite. Commissioner
Berfield questioned how the Enterprise Zone would be funded. Mr. Ferri said neither the
Strategic Plan nor this Ordinance requires the City to give the EZDA any funding. The EZDA
is responsible for overseeing the implementation of the Strategic Plan and reviewing
applications to be certain established criteria have been met.
Commissioner Berfield questioned if the program consists only of incentives for tax
abatement and no money is involved. Mr. Ferri said unless the City Commission decides to
make money available to the EZDA, the agency will not have funding. Commissioner Berfield
, questioned if the EZDA's only responsibility will be to decide if a business in the Enterprise
~<::., Zone qualifies for incentives. Mr. Ferri indicated that was correct. Commissioner Berfield
expressed concern regarding the possible mismanagement of funds. Mr. Ferri said the agency
could only have funds to administer if the City Commission allocated them. He indicated
Economic Development would probably provide staff support for the agency.
Commissioner Barfield questioned the origin of funds to loan new businesses money
to pay eRA ad valorem taxes. Mr. Ferri said that money would come from the City's
Economic Development loan pool. According to the Strategic Plan, if a business eligible for
property tax abatement is located in the CRA, rather than grant an abatement, the EZDA will
instruct Economic Development to lend the dollar amount they would have been eligible for
in property tax abatement. The CRA's tax increment financing receipts will not be impeded
by this procedure. Deputy City Manager Kathy Rice said the City could lend CD8G funds
controlled by the Economic Development department. Mr. Ferri said the funds will be lent to
provide the City more control over the business.
Commissioner Dallmann questioned if the money would be given to the agency. Mr.
Ferri said it would be lent directly to the business. Commissioner Dallmann expressed concern
that provisions of the ordinance do not coincide with Mr. Ferri's explanation. Mr. Ferri said
the Strategic Plan and Ordinance control what the EZDA can do. Making loans in lieu of
abatement to properties in the CRA is included in the Strategic Plan.
Commissioner Berfield questioned if the City Commission can include language in the
Strategic Plan that states the EZDA cannot borrow money, apply for or accept loans, etc. Mr.
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Ferr\ said the State may view those restr\ctions as contravening their intent. He felt no one
would lend money to the EZDA as it has no assets or revenue. The Mayor noted each
community may handle their enterprise zones differently. Mr. Ferri said the City Commission
has the option to give assets to the EZDA.
Commissioner Johnson questioned if the EZDA would employ an Executive Director if
the agency is formed. Mr. Ferri recommended the City Commission direct the EZDA to use
the Economic Development Department for staff. Commissioner Johnson referred to EZOA's
responsibility # 1 1 , "to promote the development of the enterprise zone," and noted the cost
of mailing. Mr. Ferri s;;lid he recommends that money be included in Economic Development's
budget for FY 1995-96. Commissioner Johnson noted expenses for operating the Enterprise
Zone would cost the City money. Mr. Ferri stated postage is an expense he currently incurs.
Commissioner Dallmann questioned if the City is committing to a utility tax credit. Mr.
Ferri said, under the Strategic Plan, a five-year utility tax credit is proposed for expanding and
developing businesses in the Enterprise Zone.
Commissioner Berfield said if the Strategic Plan were in place, the Commission would
have a clearer idea regarding the proposed commitment. Mr. Ferri said the State has
prescribed the order in which the City creates the agency and then adopts the plan.
Commissioner Berfield questioned if the other applicants have passed their legislation. Mr.
Ferri said the other cities are covered by the same rules. He indicated Clearwater is the only
city applying for the two remaining spots with voter approval of a referendum granting the
City Commission the ability to grant property tax exemption for the Enterprise Zone.
t';!A:f Commissioner Dallmann questioned if this Enterprise Zone legislation was new. Mr.
Ferri said it is new and the number of statowide Enterprise Zones is limited to 20.
David Grice said commercial development borders his neighborhood on three sides and
Commissioner Berfield expressed concern regarding joint partnerships and noted
problems the City has had with defining responsibilities. She noted the City will be unable to
control this new agency. Mr. Ferri said the City Commission has appointment and removal
authority over the EZDA. Commissioner Dallmann said changing the membership would
require the City Commission to "jum p through many hoops." Mr. Ferri noted the City
Commission controls the Strategic Plan, which is the agency's implementing guideline.
Mayor Garvey questioned if term limits should be included in this ordinance or be a part
of the Strategic Plan. Mr. Ferri thought term limits could be stipulated at the time of
appointment. The City Attorney said the City did not make any additions to the ordinance
outside the extremely specHic State Statutes. Term Jimits could be established in the
resolution to appoint members.
Commissioner Dallmann questioned if the Commission could approve this ordinance
conditionally. Mr. Ferri said final adoption of the ordinance must be made by May 4, 1995 as
the application deadline is May 5, 1995. Commissioner Berfield questioned why the ordinance
is so late being presented to the Commission. Mr. Ferri said the documents were put together
over the past six months.
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questioned if the Enterprise Zone concept encourages areas to be rezoned from residential to
commercial. Mayor Garvey said the City plans to make the current commercial area more
viable and protect residential areas. Mr. Grice questioned if the Parks & Recreation facility will
remain on Vine Avenue. The City Manager said there are no plans to move that facility. Mr.
Grice questioned if bars can open along the railroad tracks in the Enterprise Zone.
Commissioner Berfield noted the Enterprise Zone has nothing to do with zoning regulations.
" Mr. Grice expressed concern that Enterprise Zone designation not encourage people to
change residential zoning to commercial uses. As a homeowner and landlord, Mr. Grice
questioned if he would qualify for the program. Mr. Ferri said several items in the Enterprise
Zone legislation can benefit owners of residential properties. They would be eligible for the
occupational license tax exemption. Property improvements would qualify for the excemption
of sales tax on the first $5,000 spent per parcel. Mr. Grice said his neighborhood wants to
encourage more owner occupied homes. He hated to see investors encouraged to buy blocks
of houses in the Enterprise Zone. The Mayor noted investors must spend their own money
to qualify for a tax rebate. Mr. Ferri said the Strategic Plan includes a goal to produce 400
owner occupied housing units in the Enterprise Zone. No incentives have been established for
multi-family or rental housing development. The plan calls for the Community Response Team
to bring all properties in the Enterprise Zone up to code compliance within five years.
Tom Sehlhorst said the City should have a development plan for certain areas and
expressed concern that the ground should be level for everyone. He suggested the City
should offer additional incentives for development away from downtown. He said it is more
likely the State will approve the application if the City first installs new sidewalks, landscaping
and lighting. He said sidewalks on Cleveland have been completed and recommended
~~,~ continuing these improvements into the worst part of town. He said Clearwater needs more
City participation with bricks and mortar. He said the Greenwood, Myrtle, and Ft. Harrison
areas do not benefit from organizations such as the CRA or Downtown Development Agency.
He expressed concern that incentives were being stacked up for a part of town that does not
need them. The Mayor said all census blocks in the Enterprise Zone need redevelopment.
Commissioner Dallmann moved to create the City of Clearwater Enterprise Zone
Development Agency pursuant to the Florida Enterprise Zone Act of 1994; provide for the
powers and responsibilities of said agency; establish a Board of Commissioners for said
agency; provide for the composition, terms of office, compensation, meeting rules and officers
of said Board of Commissioners; repeal all ordinances, or parts of ordinances, in conflict
herewith; provide for severability; provide an effective date and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5815-95 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #5815-95 on first reading. The
motion was duly seconded.
Commissioner Berfield said she would vote for the ordinance but expressed concern
that the legislation is being rushed. Commissioner Dallmann indicated he shared that concern.
Upon roll can, the vote was:
~:s!ttJ
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"Ayes": Berfield, Johnson, Datlmann and Garvey.
"Nays": None.
Absent: Thomas.
ITEM #51 . First Readina Ord. #5816-95- re City's Enterprise Zone Development Agency;
appointing Board of Commissioners, designating a Chair and Vice-Chair (ED)
It was indicated appointment of this board will be done by Resolution at the next
meeting.
Commissioner Berfield moved to withdraw Item #51. The motion was duly seconded
'and carried unanimously.
ITEM #52. Res. #95-39 - establishing Fiscal Year 1995-96 Housing Assistance Plan (ED)
Commissioner Dallmann moved to establish a Local Housing Assistance Plan for FY
1995-96. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-39 and read it by title only. Commissioner
Dallmann moved to pass and adopt Resolution #95-39 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
f';'~:~
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"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas
ITEM #53 - Budget for leasehold improvements 1 st & 3rd floors, Harborview Center
restaurants (CM)
AND
ITEM #54 - Assianment of lease from PGA Tour Associates-I, Ltd. to Balboa Enterorises~ Inc.,
for the PGA's interest as "Lessee" under lease dated 11/12/85, between the Chi Chi
Rodriguez Youth Foundation (Lessor) and PGA (Lessee) (PRl
AND
ITEM #55 - Aooointment of Vice-Mayor (CLI()
AND
ITEM #56 - Aooointment of Commissioners to various recional & misc. boards (eLK)
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The City Manager indicated a request had been made to pull Items #53, 54, 55 and 56
from tonight's agenda. .
Commissioner Berfield moved to continue Items #53, 54; 55 and 56 until May 4, 1995.
The motJon was duly seconded and carried unanimously.
ITEM #57 - Aireort Authoritv - 2 apoointments (CLK)
Commissioner Barfield moved to appoint Stephen Bills. The motion was duly seconded
and carried unanimously.
Commissioner 'Dallmann moved to appoint Gary Benjamin. The motion was duly
seconded and carried unanimously.
ITEM #58 - Beautification Committee - 1 aopointment (ClK)
Commissioner Johnson moved to appoint Thelma Blasko. The motion was duly
seconded and carried unanimously.
ITEM #59 - Develooment Code Adiustment Board - 1 aooointment (eLK)
The City Manager indicated a request had been made to pull this item from tonight's
agenda.
.\~~~~
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Commissioner Barfield moved to continue this item until May 4; 1995. The motion was
duly seconded and carried unanimously.
ITEM #60 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #61 - Resolutions
a} Res. #95-34 - Assessing property owners the costs of mowing or clearing owners' lots
The City Attorney presented Resolution #95-34 and read it by title only. Commissioner
Berfield moved to pass and adopt Aesolution #95-34 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
r c
"Ayes": Berfield, Johnson, Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
b) Res. #95-36 - Demolition lien - 1136 Engman St., Greenwood Park No.2, Blk. 0, Lot 51
(Troy D. Payne, Jr.)
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The City Attorney presented Resolution #95-36 and read it by title only. Commissioner
Dallmann moved to pass and adopt Resolution #'95-36 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call. the vote was:
.. Ayes": Berfield. Johnson. Dallmann and Garvey.
tINays": None.
Absent: Thomas.
c) Res. #95~30 - accepting franchise of City of Port Richey for purpose of furnishing gas
within Port Richey
The City Attorney presented RBsolution #95-30 and read it by title only. Commissioner
Johnson moved to pass and adopt Resolution #95-30 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
nAyes": Berfield; Johnson; Dallmann and Garvey.
"Nays": None.
Absent: Thomas.
~'"
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d) Res. #95-42 - Urging congress to support the assault weapon ban and reject all efforts to
weaken or repeal the law
The City Attorney presented Resolution #95-42 and read it by title only. Commissioner
Berfield moved to pass and adopt Resolution #95-42 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Johnson, Dallmann and Garvey.
"Nayst,: None.
Absent: Thomas.
ITEM #62 - Other City Attornev Items
Attornev/Client Meeting
The City Attorney requested an attorney/client meeting regarding Bryant versus the
City. The meeting was scheduled for May 1; 1995 at 9:00 a.m.
LitiQation Uodates
Mayor Garvey questioned if the Commission wants copies of the City Attorney's
litigation update. The City Attorney indicated she completes a monthly update for office use.
The quarterly update is done only for the Commission.
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Consensus was that copies of monthly updates from the City Attorney's office will be
forwarded to each Commissioner in place of quarterly reports.
ITEM #63 - Citv Manaaer Verbal Reoorts
Harborview Center Walk Throuah
It was reported the April 20, 1995 Harborview Center walk-through had been
cancelled.
C-View 35
In response to Mr. Campbell's comments under "Citizens to be Heard regarding Items
not on the Agenda," City Manager Elizabeth Deptula reported the City had received complaints
that the continuous clock during City Commission meetings is distracting. The clock is now
shown every five minutes for one minute. Because meetings are shorter, more time is spent
scrolling the bulletin board. Ms. Deptula referred to the gap that occurs when video tapes are
changed. She indicated this gap will remain due to a decision that staff time is used more
effectively on other projects rather than spending six to eight hours monitoring the copying
of the video tapes of meetings. She noted audio tapes of the meetings contain no gaps.
Commissioner Berfield questioned the effort required to turn the clock on and off. The
City Manager agreed manual manipulation is required but noted the complaints received.
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The majority of the City Commission agreed with current procedures.
Tourist Tax
The City Manager stated Commissioner Thomas had requested she bring up his request
that the Commission go on record opposing an increase to the tourist tax. The Mayor noted
the Commission cannot make a decision regarding the proposed increase although she agreed
the Commission should address it. Commissioner Barfield said she opposes an increase in the
bed tax and stated no one in the City favors it. She said other options for raising funds for
the ThunderDome should be explored.
Consensus was to send a letter opposing a tourist tax increase.
ITEM #64 - Commission Discussion Items ~ None.
ITEM #65 - Other Commission Action
Commissioner Johnson expressed concern regarding letters referring to disturbances
on the beach. The City Manager reported the Police Chief has scheduled a meeting with the
hotel/motel owners to discuss. A report will be prepared for the Commission.
Commissioner Dallmann suggested Item #16, the Ordinance regarding Receipt &
Referral and other Central Permitting procedures, be broken into separate issues. The City
Manager indicated staff would work on that request.
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26
04/20/95
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Mavor Garvey said when the Commission agreed to advertise in the Clearwater Gazette
& Beach Views, the newspaper's owner had indicated the paper would be covering the City.
She indicated the paper does not cover City news. The Mayor recommended reconsidering
the advertising agreement and reviewing how much money the City has already spent on
advertising in the Clearwater Gazette &. Beach Views. Commissioner Johnson expressed an
interest in that discussion. Commissioner Dallmann recommended advertising on C-View
would reach the who'e City. Commissioner Berfield indicated one citizen has stated she
appreciates the placement of advertisements in the Clearwater Gazette & Beach Views
because it is a free paper. .
There was majority agreement to agenda this as a discussion item.
ITEM #66 - Adiournment
The meeting adjourned at 9: 12 p.m.
ATTEST:~ :2. tL-o=.
City Clerk
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27
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April 20. 1995
Clipper Cove
Clearwater City Commission
P.O. Box 4748
Clearwater. FL 34618
COPIES TO:
COMMISSION
APR 2 0 1995
RE: Cutter Cove Townhouse Development
320 Island Way. Clearwater. FL
PRESS
CLERK I ATTORNEY
Gentlemen:
About two and one-half years ago this Commission approved a site plan for
subject development on the consent agenda.
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We arranged a meeting with the Director of Planning and Zoning. Hr. Jim
Polatty. This meeting was attended also by City Planner, Lou Hilton. Bruce
Dore for the developer of Cutter Cove, and Sal Bruno and the Writer of
Clipper Cove Condominium. We voiced the following objections to Hr. Polatty:
1. The plan had no provision for stormwater runoff on the north side or
the east side where it abutted Clipper Cove property.
2. The proposed townhouses were five feet off our property lines on the
north and east where City Code calls for fifteen feet.
3. The site plan was using our south driveway without our permission and
showed our south parking lot as overflow parking.
4. Clipper Cove consists of 184 units and not one property owner had been
notified of proposed construction.
Hr. Polatty and Hr. Dore assured us there would be no problem with runoff
since the property wo~ld be graded to drain to the southwest. Hr. Polatty
advised that no notices were sent because the development was to code. Hr.
Hilton called the property line a phase line and said they could build right
up to the line. When we asked what was required between buildings, he
advised that was twenty feet. We settled the use of our driveway with
Cutter Cove.
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400 Island Way, Clearwater. Florida 34630
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Telephone (813) 446-6014
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Page 2
Clearwa~er City Commission
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From the time they started construction abou~ two years ago we have had
constant problems with erosion and drainage on our south and east property
lines. We have had 'Director Scott Sheeford on Central Permitting and
Engineer Bob Harin out to the property twice in the last eighteen months.
They have promised to make the developer make changes to correct these
problems. While some changes have been made to improve the erosion on our
west line. the promised changes on the south have not been made and we
continue to have erosion and flooding during heavy rainstorms.
The error of letting them build only five feet of the property line has
already severely impacted the property values on the lower floors on the
south side of our building. While this can not be undone. the erosion and
drainage problems can be corrected. We insist that the City take action to
see that this is accomplished in a timely manner. Recent phone messages
from our Hr. Bruno to Bob Harin have gone unanswered.
We invite members of the Commission and senior management to visit the
site. If you will call me at 443-2540 I will be happy to meet with you at
any time to show you our problems first hand.
l;:>
of Directors
REW: j1f
cel Elizabeth Deptula, City Hanager
This letter was approved at an Association Board meeting
on April 18, 1995.
Kenneth Oevol
President
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