05/01/1995
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CITY COMMISSION SPECIAL MEETING
Closed Attorney/Client Session
May1,1995
The City Commission of the City of Clearwater met in closed session at City Hall,
Monday, May 1, 1995 at 9:00 a.m., with the following members present:
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Rita Garvey
Sue A. Berfield
Fred A. Thomas
Michael R. Dallmann
J. B. Johnson
Mayor/Commissioner.
Vice-Mayor/Commissioner
Commissioner
Commissioner
Co m missioner
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Also present:
Kathy S. Rice
Pamela K. Akin
Paul Richard Hull
Deputy City Manager
City Attorney
Assistant City Attorney
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The Mayor called the meeting to order and announced a closed session would be
held for the purpose of discussing litigation regarding Walter F. Bryan vs. Paul W. Gilfoyle,
and the City. This meeting is exempt from the provisions of the Sunshine Law.
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The entire session was recorded by a certified court reporter and the transcript shall
be made part of the public record upon conclusion of the Iitig~tion.
The closed session adjourned at approximately 9:22 a.m.
ATTEST:
.. City Clerk
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, 05/01/95
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COMMISSION
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 4, 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
1 . Father James Rousakis, Greek Orthodox
Church of the Holy Trinity.
2. Mayor.
3. None.
4. Proclamations:
Nursing Home Games Day ~ 5/17/95
Nursing Home Week - 5/14-20/95
National Assoc. of Insurance Women Week -
5/21-27/95
Emergency Medical Service~ Week - 5/14-20/95
Municipal Clerks Week - 517-13/95
Melanoma Skin Cancer Detection & Prevention
Month - 5/95
Special Recognition:
Sonny LaRosa & America/s Youngest Jazz Band
Chief Klein - Citizen commendation to David
Parsons, Tom Cavallaro & Michael Waldrup for
capture of strong arm robbery suspect.
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
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5. Presentations
a) Marine Advisory Board - Annual Report
bl Bombers
5. a) Report received.
b) Report presented. Requested 10 to 1
matching grant to include cash & in-kind
contributions. To be on next agenda.
6. Approved as submitted.
6. Approval of Minutes - Regular Meeting
4/20/95 & Special Meeting 4/17/95
(attorney/client)
7. Citizens to be heard re items not on the
Agenda lmaximum of 30 minutes)
7. Lois Cormier reported how nice it is at Ross
Norton Park since improvements have been
made. She requested the portable toilet be
replaced as soon as possible.
Georoe Bvrnes congratulated new
Commissioners Dallmann & Johnson;
thanked former Commissioners Fitzgerald &
Deegan.
Dave Campbell complained re the
management of C View Channel 35.
....; 5/4/95
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Bob Merkle, representative of Chi Chi
Rodriguez Youth Foundation, stated the
delay in approving the sublease could
prejudice and harm the parties. Requested
action eIther by City Manager of the
Commission.
Rov Cadwell expressed concern fe the
impact of Ords. #301-307.
Dina Atkins questioned why Commissioner
Thomas' letter to CRC Chair Figurski with
Jay Elliott's letter attached was not included
in the 1 993/94 Grantee Performance
Report.
Randi Bullock read into the record a letter
from Jay Elliott to the City Attorney
questioning which report re the investigation
of the Elliott's rehabilitation project was
included in the record.
Joe Evich questioned why people had to be
sworn in at public hearings. The Mayor
indicated it is a Commission rule.
Sal Belois reported on his efforts to open an
outdoor music venue in downtown. The
City Manager indicated she will be meeting
with Mr. Baker.
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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 12 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).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes~.
Conclusion by applicant (3 minutes).
Decision.
8. (Cant. from 2/2, 3/16, & 4/20/95) Public
Hearing & First Reading Ords. #5741-95 &
#5742-95 - land Use Plan Amendment to
Commercial General & CPO Zoning for
property located at 509 Bayview Ave. and
508 Meadow lark lane, Town of Bay View
a/k/a McMullen Bayview Sub., Blk 3, part
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8. Continued to 7/20/95.
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of Lots 1 & 2. and S 1/2 of vacated street
abutting N side of lots; and CPO Zoning for
property located at 509 Bayview Ave., 508
Meadow lark lane, and 3009 Gulf to Bay
Blvd., McMullen Bayview Sub., Blk 3, part
of Lots' & 2 and Bayview City Sub., lot
A, and vacated street r-o-w between lot A
and Lots 1 & 2 of McMullen Bayview Sub.
(R. Roy Meador. LUP93-43, 293-54) - staff
request to continue first reading to 6/1/95
(Cant. from 4/6/95) Variance(s) to Sign
Regulations for property located at 2475
Sunset Point Rd.. Sec. 6-29-16, M&B
42.01 (AmSouth Bank of Florida/Pinellas
Community Bank, SV95-18)
(Cont. from 4/6/95) Variance(s) to Sign
Regulations 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)
(Cont. from 4/6/95) Variance(s) to 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./Builder's Square, SV95-171
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9. Approved 8.8 sQ.ft. area variance and 6'
height variance.
10. Continued.
11. Approved 17 sq.ft. area variance for
freestanding sign and 102.25 sq.ft. area
variance to allow attached signs with an
area of 226.25 sq.ft.
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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 speakerl.
Commission questions.
Final rebuttal by applicant or representative ~5 minutes).
Commission disposition
10.
11.
12. Public Hearing & First Reading Ords.
#5803-95, #5804-95 & #5805-95-
Annexation, land Use Plan Amendment to
Residential Low & RS-6 Zoning for property
located at 511 Dora Dr., Rolling Heights,
Lot 19 (Haglund, A95-02, lUP95.02)
13. Public Hearing & First Reading Ords.
#5808-95, #5809-95 & #5810-95-
Annexation, land Use Plan Amendment to
Industrial Limited & IL Zoning and request
to approve sewer connection for property
located at 2020 Calumet St., Clearwater
\~5/4/95
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12. Approved. Ords. #5803-95, #5804-95 &
#5805-95 passed 1st reading.
13. Approved. Ords. #5808-95, #5809-95 &
#5810-95 passed 1 st reading.
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03, LUP95-03)
14. Public Hearing & First Reading Ords. 14. Approved. Ords. #5811-95, #5812-95 &
#5811-95, #5812-95 & #5813-95- #5813-95 passed 1 st reading.
Annexation, land Use Plan Amendment to
Residential low & RS-8 Zoning for property
located at 1513 laurel Dr., Nab Hill Sub.,
lot 3 (Luge, A95-04, LUP95-04)
15. Not Public Hearing - Res. #95-49 - Finding 15. Res. #95-49 adopted.
that an area within the City at Clearwater
chronically exhibits extreme and
unacceptable levels of poverty,
unemployment, physical deterioration and
economic disinvestment, making certain
declarations regarding said area; designating
said area as the City of Clearwater
Enterprise Zone; rescinding Res. #95-37
16. Second ReadinQ Ord. #5815-95 - creating 16. Ord. #5815-95 adopted as amended.
the City of Clearwater Enterprise Zone
Development Agency (ED)
," 17. Not Public Hearing - Res. #95-45 - 17. Res. #95-45 adopted.
, appointing the Board of Commissioners of
the Enterprise Zone Development Agency
(EZDA); designating Chair & Vice-Chair (ED)
",,) 18. Public Hearing - Res. #95-38 - adopting the 18. Res. #95-38 adopted.
~- . Enterprise Zone Strategic Plan (ED)
19. Public Hearing & First Reading Ord. #5769- 19. Denied.
95 - lDCA prohibiting parking on front
lawns of single family, duplex and triplex
uses, including any unpaved portion of
street r-o-w adjilcent thereto ILDCA 94-15)
20. (Cant. from 4/20/95) Public Hearing & First 20. Approved. Ord. #5817-95 passed 1 st
Reading Ord. #5817895- lDCA re Design reading.
Review Board (LDCA 95-01) (CP)
21. Public Hearing & First Reading Ord. #5806- 21. Approved. Ord, #5806-95 passed 1st
95 - LDCA re adult day care IlDCA 95-07) reading.
22. Public Hearing & First Reading Ord. #5807- 22. Approved. Ord. #5807-95 passed 1st
95 - lDCA clarifying conditional use reading.
approval standards (lDCA 95.06)
23. (Cont. from 4/6/95) Public Hearing & First 23. Continued.
Reading Ord. #5766-95- LDCA re revisions
to receipt and referral and other related
requirements ILDCA95-05) - To be Cont.
24. (Cant. from 4/6/95) Public Hearing - 24. Continued to 6/1/95.
Vacating section of Wood Drive r-o-w, from
Smallwood Circle to Rosemere Road
(LeConche, V95-05) - To be Cant. to
6/1 J95
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25. Ord. #5766-95 - lDCA re revisions to 25. Continued.
receipt and referral and other related
requirements tLOCA95-05) - See #23
26. Ord. #5771-95 - RPD Zoning for property 26. Ord. 1/5771-95 adopted.
located at 1550-1570Jasmlne Way, Druid
Groves, Blk A, lots 7-12 & vacated r-o-W
adjacent to west side of lot 12 IClearwater
Community Hospital, 294-15)
27. Ord. #5788-95 - Vacating 1 A' east/west 27. Ord. #5788-95 adopted.
alley lying in Blk E, Plaza Park Addition, less
the W 100', subject to City retaining a full
width drainage & utility easement (City,
V95-01 )
28. Ord. #5792-95 - LDCA re fences in 28. Ord. #5792-95 adopted.
structural setback area for waterfront
property (Single Family zones only)(LDCA
95-03)
29. Ord. #5817-95 - LDCA re Design Review 29. Continued.
Board (lDCA 95-01) - See #20
t~ao. - Special items of widespread public interest ~ None.
31 . Citizens to be heard re items not on the Agenda
Ken Rosenow requested the status of Information Station Express; and if anymore is being done to
oppose increase in tourist tax. He requested support of Chief Klein's efforts to control increased
violence on the beach. Staff reported negotiations are underway with Information Station Express.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #32-56) - Approved as submitted, (#38 is pulled) less #42.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
32. Purchase of misc. office supplies from The Smith Wilson Co., Orlando, FL, for the period
5/22/95-5/21/96, for an est. $80fOOO (FN)
33. Declare tanker/trailer I/UNG239201 surplus to city needs; authorize disposal thru Tampa
Machinery Auction, Tampa, Fl (FN)
34. (Cant. from 4/20/95) Contract with Raymond James & Associates, Inc., to be City's Financial
Advisor for a period of 3 years (FN)
\.;J 5/4/95
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49.
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37.
Purchase of commercial type propane (LP) tanks from Trinity Industries, Dallas, TX, at an est.
$58,100 (GAS)
C.O. to Joint Project Agreement with Pinellas County to install natural gas mains during
improvements to Tampa Road, increasing the est. labor cost to $267,000 (GAS)
Extension of contract with Heuer Utility Contractors, Inc., Clearwater, FL, for installation of
polyethyl~ne mains & service lines, for the period 5/5/95-12/30/95, at an est. $500,000 (GAS)
Purchase of 1 street sweeper from Florida Municipal Equipment, Lakeland, FL, for $95,890;
financing to be provided under city's master lease-purchase agreement with Barnett Bank of
Pinellas County (GS) - PULLED due to bid protest
Purchase of one 1995 GMC trash truck with Pak-Mor packer and warranty from Municipal Sales,
Tampa, FL, for $66,483; financing to be provided under city's master lease-purchase agreement
with Barnett Bank of Pinellas County (GS)
Contract for Finance System software support to Ross Systems, Redwood City, CA, for the
period 7/1/95-6/30/96, for $47,077 (1M)
License Agreement with National Ocean Servicel National Ocean and Atmospheric
Administration to maintain and operate a permanent tide station on Pier 60, for a period of 10
years from date of last signature, with options to extend the agreement for subsequent 10 year
periods (MR)
Purchase/install replacement playground equipment for DelOra Park & Marshall Street Park from
Park Structures, Inc., for $42,631.28 (PR). APPROVED.
Purchase of fire hydrants from B & H Sales, Sarasota, FL, for the period 5/24/95~5/23/96, at an
est. $75,377.50 (PW)
Purchase of Hampton Road r.o-w parcel Number 008.1, containing 75 sq. ft., m.o.I., from
Limited Properties, Inc., for $550 and est. closing costs of $500, for a total est. $1,050 (EN)
General Agreement for Transit Bus Shelter and Bus Pad construction with Pinellas Suncoast
Transit Authority (PST A) (EN)
1995 Sidewalk Contract to MTM Contractors, Inc., St. Petersburg, FL, for $189,630 (EN)
(Cant. from 4/20/95) Agreement for professional engineering services with Post, Buckley, Schuh
& Jernigan, Inc., for a term of 5 years (EN)
Preliminary Plat for The Townhomes of Northwood located at 2739~2749 Enterprise Rd.;
authorize DRC to approve final subdivision plat subject to the plat being recorded prior to
issuance of a Certificate of Occupancy for any of the buildings (Quartetti/Sun Ketch
Construction, Inc., SUB95-03) (CP)
Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS~8 Zoning for
property located at 1456 Carolyn Lane, Terra-Alto Estates, Lot 10 (Gimarey, A95-0B, LUP95-0e)
(CP)
Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-8 and
Preservation Zoning for property located at 1524 Stevenson Dr., Stevenson's Heights, Lot 21
(McGee, A95.10, LUP95-11) (CPt
Receipt/Reterral - Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for
property located at 1761 St. Anthony Dr., Virginia Grove Terrace, Fifth Add.. Lot 4 (Boike, A95-
11, LUP95-12) (CP)
Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban & RS.8 Zoning for
property located at 1785 Pineland Dr., Sec. 3-29-15 M&B 43.02 (Williams, A95-09, LUP95-1 0)
(CP)
Receipt/Referral - LDCA allowing outdoor sales displays in conjunction with conforming indoor
retail sales uses (LDCA 94-26) {CPt
38.
39.
42.
50.
51.
52.
53.
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Purchase of folding tables, storage trucks, chairs & chair trucks, for the Harborview Center, from
Vireo Mfg. Corp., for a grand total of $89,515.20 (eM)
(Cant. from 4/20/95) Budget for leasehold improvements 1st & 3rd floors, Harborview Center
restaurants - Approve $216,600 increase in scope of work for Harborview Center, consisting of
$80,600 for infrastructure improvements to provide a restaurant shell on the 1 st floor of the
Center and $136,000 for infrastructure improvements to provide a restaurant shell on the 3rd
floor (eM)
Disposition of Tree Farm Property - Approve prioritization of various parties currently requesting
ownership or assignment of the City's tree farm property located adjacent to Clearwater
Executive Airpark in the following order: 1) Pinellas County as a stormwater facility serving the
Keene Road construction project; 2)) the Clearwater Executive Airpark for development of
revenue producing facilities serving the aviation community; 3) as a possible site for Engineering
facilities; and 4) the Florida Military Aviation Museum for the establishment of an aviation
museum (eM)
OTHER ITEMS ON CITY MANAGER REPORT
57. (Cant. from 4/20/95) Appointment of Vice- 57. Appointed Commissioner Berfield.
Mayor (elK)
58. (Cant. from 4/20/95) Appointment of 58. Appointed Garvey to FL League of Cities
Commissioners to various regional & misc. BOD, EMS Advisory Councilt Mayor's
boards (elK} Council of Pinellas Co., Chi Chi Rodriguez
Youth Foundation Trustees and St.
Petersburg/Clearwater Econom ic
t~~ Development Council; Berfield to PACT
~1t. BOD, Jolley Trolley BODt and PPC; Thomas
to MPO; Johnson to TBRPe & PSA; and
Dallmann to Suncoast League of
Municipalities BOD & PST A .
59. (Cant. from 4/20/95) Development Code 59. Appointed William Schwab.
Adjustment Board - 1 appointment lelK)
60. Other Pending Matters 60. None.
CITY ATTORNEY REPORTS
61. First Reading Ordinances 61. a) Ord. #5822-95 passed 1 st reading.
a) Ord. #5822-95 - Amending Sees. 2.160
& 2.161 to reduce number of members for
Environmental Advisory Board from 1 0 to 7
b) Ord. #5835-95 - Amending Ch. 29, b) Ord. #5835-95 passed 1 st reading.
relating to occupational licenses, to amend
procedures for denying the issuance,
transfer or renewal of them; amending
procedures for imposing delinquent
penalties; clarifying procedures & grounds
for revoking or denying them; amending
procedures for issuing a provisional license;
clarifying procedures for an appeal
I.wJ 5/4/95 7
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~62.
Resolutions
a) Res. #95-32 - Rescinding Res. 1/95-21
which assessed a lien on property at 1132
Palm Bluff Street for demolition costs
Other City Attorney Items
62.
a) Res. #95-32 adopted. (this rescinds
Res. #95-21}
63.
63.
None.
64. City Manager Verbal Reports
64. CM stated Fire Department is offering to
conduct CPR class for the Commission &
Management Team. Consensus to try to
schedule.
65. Commission Discussion Items
a) Chamber of Commerce funding
b) Advertising in the Clearwater Gazette &
Beach Views
65. a) No action.
b) Revisit in September.
66. Other Commission Action.
66. Res. #95-50 opposing increase in tourist
tax adopted.
Thomas questioned res~:onse to letter from
Clipper Cove re problems caused by
adjacent construction. Staff responding.
Thomas requested juveniles attacking
another youth witnessed by Police Officer
be truly brought to justice.
Berfield questioned if the Bombers request
is to be agendaed. It will be on the next
meeting.
Dallmann requested further discussion of
Pier 60 Park development at next
worksession.
Dallm-.5!.!J!l expressed concern fe schAciuling
on C View Channel 35. CM indicated there
has been personnel turnover.
Dallmann questioned status of Chi Chi
Rodriguez sublease. Consensus to agenda
for 5/18/95.
Dallmann requested discussion of site plan
process at the 5/30/95 worksession.
Garvev questioned if the Commission
wished to confirm her suggestion that the
appointments made to the EZDA be the
term limit. No consensus.
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67. Adjournment
67. 12:27 p.m. (5/5/95)
~ 514195
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CITY COMMISSION MEETING
May 4, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, May 4, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Sue A. Barfield
Michael R. Dallmann
J. B; Johnson
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Richard Baier
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner
Vice-Mayor JCommissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Engineer
City Clerk
Board Reporter
0,;.)', The Mayor called the meeting to order. The invocation was offered by Father
-, ' James Rousakis of Greek Orthodox Church of the Holy Trinity. The Mayor led the Pledge
of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although
not necessal'i1y discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamations:
Nursing Home Games Day - May 17. 1995
Nursing Home Week - May 14- 20. 1995
National Association of Insurance Women Week - May 21- 27,
1995
Emergency Medical Services Week - May 14- 20, 1995
Municipal Clerks Week - May 7- 13, 1995
Melanoma Skin Cancer Detection & Prevention Month - May
1995
Special Recognition: Sonny LaRosa & America's Youngest Jazz Band
Chief Klein presented letters of commendation to David
Parsons, Tom Cavallaro and Michael Waldrup for capture of
strong arm robbery suspect.
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ITEM #5 . Presentations
a) Marine Advisory Board ~ Annual Report
Bill Stephan, Chair of the Marine Advisory Soard (MAS), presented the Annual
Report. He said the MAS's purpose is to inform the Commission regarding the problems
and needs of the City's marine environment and recommend the best use of marine assets.
The MAB met 12 times last year and discussed: 1) the budget; 2) the pier party for
grand reopening; 3) Dunedin Pass; 4) marina channel dredging; 5) Magnolia and Turner
Street docks' storm damage; 6) Federal tax on diesel fuel; 7) Empress Cruise Line plans; 8)
fishing piers; 9) Marina building improvements; 10) policy on sidewalk use by commercial
fishers; 11) Sailing Center and reactivation of Sailing Center Committee; 12) Mandalay
Channel; 13' mangrove height on Memorial Causeway; 14) Island Estates Marina; 15)
handicap improvements at Marina; 16) ferry dock for Clearwater Pass bridge closure; 17)
clean vessel State grant; 18) new beach guard building; 19) Sunsets at Pier 60; 20) beach
sand castle; and 21) mainland signage.
In the coming year, MAB will address continued maintenance of the old Memorial
Causeway bridge's east end and improved pier fishing near the Marina bait house, at
Clearwater Pass, Clearwater Beach Recreation Center, the Yacht Basin, Seminole docks
and Magnolia Street.
~~~
The MAS has expressed concern regarding procedures for renting Marina building
space. The board strives to make Clearwater friendly to boating residents and tourists and
to reserve the beach as a place for family recreation. The MAS thanked the Harbormaster
and staff for their support and assistance.
b) Bombers
Bombers Chair Bruce Kaufmann said the Bombers are recovering and improving.
They finished 13th at the National Championship held in Palm Springs. CA. The squad has
almost doubled in size and a "farm team" has been established. The aggressive schedule
includes 13 of the country's top 20 teams coming to play in Clearwater. Mr. Kaufmann
reported the 1 996 tournament for players over 45 will be held in Clearwater. He said the
Bombers bring money into the community and indicated a national championship
tournament could be held in Clearwater every year.
Mr. Kaufmann said the Bombers received the City's $10,000 donation. He referred
to a 10: 1 matching grant offered by the City in previous years and requested a $ 7,497
grant based on private and corporate sponsorship contributions made to the Clearwater
Bombers. He requested the matching grant be based on cash and in-kind contributions.
The Mayor suggested considering this at the May 18, 1995 meeting when the City
Manager can make a recommendation.
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ITEM #6 . Aoproval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
April 20/ 1995/ and special meeting of April 17/ 1995, as recorded and submitted in
written summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously. .
ITEM #7 . Citizens to be heard re items not on the AQenda
Lois Cormier appreciated improvements made to Ross Norton Park. She said the
Police substation there makes the neighborhood safe. Ms. Cormier expressed concern
regarding the deplorable condition of the portable toilet.
George Bvrnes offered congratulations to newly ejected City Commissioners
Dallmann and Johnson and thanked previous Commissioners Fitzgerald and Deegan for
their service.
David Campbell expressed concern regarding the management of C-View 35. He
complained some meetings are rebroadcast in segments and recommended a schedule be
followed. He suggested turning the clock on and off during the telecast is inefficient. Mr.
Campbell reported video copies of meetings are available at the library.
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Bob Merkle, representative of the Chi Chi Rodriguez Youth Foundation, noted the
foundation's request for approval of a sublease was removed from the agenda based on
allegations by Commissioner Thomas of impropriety. Mr. Merkle noted Chi Chi/s lease
requires the City to not withhold approval of the sublease without good cause and
expressed concern a delay could prejudice and harm the parties operating the facility, He
questioned if sublease approval requires City Commission action and suggested the City
Manager has the authority to approve it. He said the Chi Chi organization applauds
Clearwater for its cooperation and efforts. He noted the lease does not expire until 2010.
Rov Cadwell said he is a member of the Clearwater Homeowners A~~n0it:1t'l)n end
has lived in Clearwater a::; 0 taxpayer for 35 yaars. He expies58d concern regardrng how
Ordinance 301-307 affects elderly residents. He suggested property values will decrease
because few buyers are willing to purchase property in Clearwater with these ordinances in
effect. He said property owners should have the right to control their property and
expressed concern regarding the authority afforded City staff to cite property owners.
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Dina Atkins questioned why Commissioner Thomas' letter to Charter Review
Committee Chair Figurski with Jay Elliott's letter was not included in the 1993/94 Grantee
Performance Report. Staff will reply.
Randi Bullock read into the record a letter from Jay Elliott to the City Attorney
questioning whether the Police Department's or the Department of Business and
Professional Regulation's report regarding investigations of the Elliott's rehabilitation project
was tiled as the official record,
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Joe Evich questioned why people had to be sworn in at public hearings. The Mayor
indicated it is a Commission rule.
Sal Belloise reported on his efforts to open an outdoor music venue downtown. The
City Manager indicated she will meet with Mr. Belloise next week.
PUBLIC HEARINGS
ITEM Ita - (Cont'd from 02/02, 03/16. & 04/20/95''public HearinQ & First Readino Ords.
#5741-95 & #5742-95 - Land Use Plan Amendment to Commercial General & CPD Zoning
for property located at 509 Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View
a/k/a McMullen Bayview Sub., Blk. 3, part of Lots 1 & 2, and S 1/2 of vacated street
abutting N side of lots; and CPD Zoning for property located at 509 Bayview Ave., 508
Meadow lark Lane, and 3009 Gulf to Bay Blvd., McMullen Bayview Sub., Blk. 3, part of
Lots 1 & 2 and Bayview City Sub., Lot A, and vacated street r-o~w between Lot A and
Lots 1 & 2 of McMullen Bayview Sub. (R. Roy Meador, LUP93-43, Z93-54)
This item was continued from the April 20, 1995 Commission meeting by applicant
request and without objection from Bayview neighborhood residents. The applicant met
with area residents and staff understands some concerns were addressed in the proposed
revised site design, although not all concerns were fully covered. If the Commission feels
the proposal can be approved, the first ordinance reading will need to be continued to
allow any modifications of the site plan.
" ~':~ Meetings between the applicant and residents regarding site design modifications
l"'J~ resulted in a proposed site plan submitted on April 14, 1995. The plan shows a smaller
percentage of the site being rezoned to CPD and a residentially-zoned portion of the
property's south side retained to serve as additional buffer. This residential area conforms
to RS-6 zoning lot size requirements.
Central Permitting Director Scott Shuford recommended holding a Public Hearing to
allow the public to speak to this issue. He noted a concern regarding the driveway has
been resolved to the satisfaction of the City Engineer. Mr. Shuford reported the Planning &
Zoning Board (P&Z) denied the initial application and an earlier revision. The Historical
Society and Coalition of Clearwater Homeowners Associations also recommended denial.
After inspecting one of two residential structures on the sublect property. staff declared it
unsafe and posted it. They recommend it be improved or demolished.
Mr, Shuford stated the applicant has addressed many issues including: tree
protection - site plan protects trees; pollution - cleanup schedule established; drainage -
current condition is unsatisfactory; dumpster - relocated away from street; site landscaping
- improved to meet or exceed City standards; buffering from residential - proposing
substantial buffer where none presently exists; and historical preservation - no special
protection currently exists. The applicant has offered the two homes to any organization
willing to relocate them.
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Mr. Shuford said the proposed site plan is for a small expansion of an existing
gasoline station. He said staff does not have a plan they can recommend approving and
suggested continuing first reading. He noted at the May 1, 1995 Work Session, the
Commission had requested the site plan be presented to the P&Z before the Commission
addresses the issue, He said the item could not return to the Commission until the first
meeting in July. It was noted the Commission meets only once in July.
Harry Cline, representative for the applicant, agreed to the continuance.
Commissioner Thomas moved to continue this item until July 20, 1995. The
motion was duly seconded.
Mr. Cline said he did not think this issue should be addressed tonight and would not
make his presentation if it was not to be addressed.
Commissioner Thomas wanted the P&Z to review the new site plan before the
Commission addresses it. The Mayor expressed concern that the item has been continued
for so long. She noted a new site plan had been presented and should go through the
process.
Early Sorenson presented a chart of the site approval process and indicated the plan
for the subject property keeps repeating the first five steps of the code. He said the
applicant should not be permitted to repeat the first five steps without ever completing the
seven step process. The Mayor said a property owner is never precluded from presenting
new plans. Mr. Sorenson said if the City does not stick with the process in the code, due
process is denied those who object to the development. The City Attorney said the code
includes a process; the City has the right to request P&Z review of any site plan that has
been substantially changed. Mr. Sorenson stated the applicant has submitted changes to
the site plan an infinite number of times. He said the code does not state one can keep
submitting new plans. The Mayor said plans are reviewed by the Development Review
Committee (ORe) and concerns are noted. The City Attorney said the review process
allows input into the site development process to permit corrective change. She noted
substantial changes to the site plan were made and there is nothing wrong with the City
Commission requesting the P&Z review it, Mr. Sorenson noted the great amount of time
he spent preparing for the hearings before the P&Z and noted his group, who opposes this
development, won before the P&Z.
Commissioner Thomas questioned if the Ordinance lists precise steps. The City
Attorney agreed that is the process. Commissioner Thomas concurred with Mr. Sorenson
that permitting a developer to continuously repeat the first steps is unfair. The City
Attorney said the Commission is permitted to "defer immediate action" and submit a plan
back to the P&Z. She noted this is a process of compromise. Mr. Sorenson noted the P&Z
had recommended denial of the site plan twice. Commissioner Thomas expressed concern
that the issue is being drawn out.
Commissioner Thomas requested to withdraw his motion. The seconder did not
accede.
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Mr. Cline said changes were made to the site plan at the request of staff and the
people who are present to object. He disagreed that the plan was presented to the P&Z
twice. He said the first request was for a straight rezoning to Commercial. In response to
that request, the applicant went to the Planned Development concept and has been
involved in,the process of compromise as he works toward approval of a site plan. He said
the outcome of the process should be a better result. Mr. Sorenson said the plan was not
changed at the behest of the neighbors. "
Commissioner Johnson questioned if the applicant could return with a plan if the
Commission voted to deny the request. Mr. Shuford said the applicant would have to wait
nine months before he could submit the same request. If substantial changes were made
to the plan, the process could be started almost immediately. Mr. Shuford noted the site
plan had been changed substantially since it was last reviewed by the P&Z. He thought a
compromise had been reached between the applicant and neighbors.
Commissioner Thomas questioned if the Commission denied this request, would
changes made to the site plan be judged substantial enough to allow its immediate
reconsideration. Mr. Shuford said that would be difficult to determine without discussing
the matter with the City Attorney. He said the plan considered tonight represents a
substantial change from the plan last presented to the P&Z. He said the application has
been formally amended. Staff recommends continuance to be certain all issues that need
to be covered are included in the first reading. He said the Commission traditionally refers
plans back to boards for additional findings. He said if this changed plan is denied, the
request could come right back for receipt and referral if changes are found to be
(;:4. . significant.
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Commissioner Thomas said he would leave his motion to continue on the table for a
vote. The Mayor noted staff had requested more time to review the new site plan. Mr.
Shuford requested any motion for approval include the conditions recommended by staff.
Commissioner Thomas said he could not begin to approve the request. The Mayor
suggested the item be continued and referred to P&Z.
Commissioner Thomas restated his motion to continue this item until July 20,
1995. The seconder confirmed the second.
Commissioner Dallmann said the City has a process and noted many projects appear
before the P&Z many times to address concerns and accept compromises. He said if the
Commission did other than continue the matter, the whole process would come back and
start again. He said at least this request was partially through the process.
Joe Evich, representing the Coalition of Clearwater Homeowners Organizations,
reported his organization is on record opposing this proposed development. He noted one
of the houses is listed on the 1980 historical inventory of Bayview, He requested the City
preserve this part of Clearwater's heritage and indicated the area is applying for historic
designation. He pointed out staff's reference to the area's historical significance in their
report. He said one neighbor found artifacts on his property. He suggested the City
accept the house and cherish it for history.
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Britt Parker said developers who follow the path outlined by Commis:;ioner Dallmann
eventually get their plans approved. He recommended the project be denied. He said the
applicant only incorporated the neighborhood suggestions he liked. Mr. Parker said the
new plan is due to neighbors trying to cooperate and the neighborhood feels the applicant
used their good will against them. He said developers havo been "licking their lips" over
the area since construction of the Bayside Bridge.
Upon the vote being taken, the motion carried unanimously.
Mike Sanders referred to the applicant's offer to donate the historic buildings and
stated the Historical Society does not have the means to preserv'iJ the structures. He
understood the City has retained an expert to complete documentation required to
designate the area as a Historic District.
Alan Stowell objected to the processes, He noted the application was originally
filed in December 1993 and five site plans have been submitted. The P&Z twice denied
site plans. He expressed concern that neighbors must attend more meetings to address
this issue, He said the established process should be followod. The present procedure is
not fair and violates the comprehensive Land Use Plan. A neighborhood preservation plan
is important. Mr. Stowell said the City uses zoning to restrict encroachment into
residential areas. The historian hired by the City will complete the historic inventory by
May 25,1995 and include his comments. The report will be sent to the Secretary of State
to put the area in nomination to the Historic Register. He said plans for the subject
property are changed constantly and he wants to put a stop to it.
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Bryan Mullen said his time is as valuable as Commission members' time. He said he
has had to keep coming back to City Hall for hearings and complained about bureaucratic
rhetoric. He said the applicant's strategy and plan is to wear down the neighbors.
Barbara Sarsaw said she is the daughter of Mary McMullen, who is 98 years old
and present in Chambers. Ms. McMullen's property is adjacent to the subject property.
Ms. Sarsaw said her mother wishes to retain her livable home in its grove of oak trees.
She said Bayview is a decent place to live and recommended it be shielded from
encroachment from Gulf-to~Bay Boulevard. She expressed concern a 24-hour truck-stop
would be developed on the subject property. She recommended a non-intrusive use be
developed. She feared what type of development the applicant would build.
Mary Alvord said residents of Bayview are not alone in their attempts at
preservation and noted the area's uniqueness. She said neighbors fought the same fight
regarding property across from Bayview 10 years ago. She recommended the Commission
deny the application. If this is approved, she felt the door to further development will be
opened. She noted the applicant owns seven parcels adjacent to the FINA station. Ms.
Alvord expressed concern that the intersection at Gulf-to-Bay will become more dangerous
if traffic is increased. She reiterated that the application should be denied.
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.~ k Mr. shoren~on said. the City Commission should not be in a position where they did
) not now w at sIte plan IS on the table. He felt the process is too loose. He suggested
everything should be addressed by the third step and recommended corrections to the
process be made.
Commissioner Thomas asked the City Commission and City Manager to address the
process at a future Work Session and review staff recommendations to prevent this type of
problem from occurring again.
The Commission recessed from 8:11 to 8:23 p.m.
ITEM #9 - (Cont'd from 04/06/95) Variance(s) to Siqn Regulations for propertv located at
2475 Sunset Point Rd., Sec. 6-29-16, M&B 42.01 (AmSouth Bank of Florida/Pinellas
Community Bank, SV95-18)
The applicant revised the application and requests the following variances: 1) an
area variance of 8.8 square feet from the permitted 24 square feet to allow a freestanding
sign with an 'area of 32.8 square feet. and 2) a height variance of 6 feet from the permitted
8 feet to allow a freestanding sign with a height of 14 feet, The subject property, west of
US 19N on the south side of Sunset Point Road, is zoned limited Office. The variance is
requested to replace the existing freest~nding sign.
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The applicant proposes to replace the existing 16.77 square foot sign panel on this
freestanding sign with a 60 square foot panel and to increase the sign's height from 12 to
15 feet. Signs are permitted a maximum of 24 square feet in area and eight feet in height.
The applicant indicates the variances are necessary because the freestanding sign
does not have good visibility based on: 1) the sign's setback from the roadway; 2) the
Sunset Point Road grading; and 3) the tree on the adjacent property.
The sign is set back from the roadway a greater-than-normal distance because the
Sunset Point Road right~of-way jogs unconventionally and a power line traverses the
property north of the sign. According to the applicant's exhibit, the jog is 25 feet wide,
causing the sign to be an additional 25 feet from the street. This distance is not great
enough to warrant approval of these variances as attached signs are allocated area
increases only when located 1 00 or more feet from the right-of-way.
The roadway grading, particularly the banking necessary to accommodate the
curve, affects the sign's visibility and gives rise to approval of a height variance. The
existing 12 foot high sign is plainly visible to Sunset Point Road motorists. If lowered to
comply with the eight-foot height allowance, the view of the sign by westbound traffic
may be partially obstructed due to the bank in the road.
The tree referenced by the applicant is approximately 200 feet west of the sign.
Staff feels the tree is neither a special circumstance unique to this property, nor a
significant and unusual obstruction to the sign's visibility. Eastbound traffic has ample
time to view the sign, assimilate the message, and access the property's driveway.
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Mr. Shuford said Ed Armstrong, the applicant's representative, met with staff and
revised the application. Mr. Armstrong had noted improvements to Sunset Point Road will
result in an increase in the road's height. Mr. Shuford said staff recommends approval of
the revised request. He referred to a letter from several nearby residents who oppose the
original variance request.
Mr. Armstrong verified pictures of the property presented him by Mr. Shuford. He
reported Pinellas Community Bank has a contract to purchase the bank from AmSouth.
Mr. Armstrong distributed pictures of the property and noted the request for a 14 foot high
sign was due to the roadway's bank at the property. The property is four acres large and
has a unique topography. He presented a graphic of the proposed sign.
Commissioner Thomas moved to approve the following variances: 1 ~ an area
variance of 8.8 square feet from the permitted 24 square feet to allow a freestanding sign
with an area of 32.8 square feet, and 2} a height variance of 6 feet from the permitted 8
feet to allow a freestanding sign with a height of 14 feet on property identified as Sec. 6-
29-16, M&B 42.01, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). The
motion was duly seconded and carried unanimously.
(
ITEM 1f1 0 - (Cont'd from 04106/95) Variance(s) to Si~n ReQulations for property located at
202 Windward Passaqe, 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)
The applicant requested this item be continued,
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Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded and carried unanimously.
ITEM #11 - (Cont'd from 04/06/95) Variance(s} to Sian Requlations for property located at
2495 Gulf to Bav Blvd., Sec. 18-29-16, M&B 42.01,42.02,42.08 & 42.09 (SCSS
Ltd./Builder's Square, SV95-17)
The applicant requests the following variances: 1) an area variance of 17 square
feet from the permitted 64 square feet to allow a freestanding sign with an area of 81
square feet; 2) a height variance of 5 feet from the permitted 20 feet to allow a
freestanding sign with a height of 25 feet; and 3) an area variance of 102.25 square feet
from the permitted 124 square feet to allow attached signs with an area of 226.25 square
feet.
The subject property, west of US 19N, is on the south side of Gulf.to-Bay Boulevard
(SR 60). The northern two-thirds of the property is zoned General Commercial and the
southern third is zoned Multiple Family Residential "Eight." The variance request is to
place new signs.
Three freestanding signs are allowed for this property: 1)a 64 square foot primary
sign on SR 60; 2) a 32 square foot auxiliary sign on SR 60; and 31 a 24 square foot sign
on Druid Road E. Added together, 120 square feet are allowable. The applicant requests
two variances for the primary sign on SR 60: 1) an area variance of 17 square feet, and 2)
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a height variance of 5 feet. The applicant contends the height variance is warranted to
increase the distance the sign can be seen. Staff does not regard this to be a special
circumstance supporting variance approval. Other property owners on SR 60 have
removed similarly sized signs and replaced them with conforming signs.
The applicant requests a variance of 102.25 square feet to place 226.25 square
feet of attached signs oriented to the SR 60 frontage. The variance is 82% greater than
permitted by code. The applicant proposes a 210.25 square foot primary sign on the
storefront and a 16 square foot sign on the north corner of the building's east side. The
applicant contends the variances are necessary because: 1) only on freestanding sign is
proposed; 2) the building is positioned a substantial distance from SR 60; ; 3) the
development is sizable; 4) more signs would exist if the building were occupied by multiple
tenants; and 5) large trees were preserved on ,this site which will obstruct the visibility of
attached signs.
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Staff feels the first four reasons are not special circumstances that support variance
approval; 1) using only one freestanding sign is inappropriate because It is considerably
oversized; 2) the sign code addressed substantial building setbacks and allows an increase
in primary attached signage; 3) the sign code addresses the development's size; and 4) a
single tenant is not grounds for increasing sign area. The existence and preservation of
trees are special circumstances that support approval of the variance for attached signs. In
planning the development, the applicant put forth a commendable effort to preserve five
large oak trees. The trees will reduce visibility of any signs placed on the building. Had
the applicant removed the trees, signs would have had unobstructed visibility across the
parking lot. Staff views the tree preservation as a visible investment in the aesthetics of
this property and the community that offsets any adverse effect resulting from the
proposed attached signs.
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Todd Pressman, representative for the applicant, verified pictures of the property
presented him by Mr. Shuford, He noted the applicant has made some substantial changes
in the request. The sole proposed pylon sign on the site Is 81 square feet. The signage
request was reduced from an earlier application. Mr. Pressman said signage for the
Builder's Square building, set back 515 feet from the r1ght-ofMway, is limited to a pylon
sign and wall signage. He said the building's deep setback is exacerbated by blockages
caused by neighboring properties. Mr, Pressman distributed a series of pictures
highlighting how difficult It is for eastbound traffic to see the property before reaching the
development. A tree next door reduces the visibility of the site and blocks the pylon sign.
A height variance is requested to increase the visibility of the sign. He noted the pylon
sign also must catch the attention of motorists who access Gulf-to-Bay off US 19N and
must cross three lanes of traffic.
Mr. Pressman said although several pylon signs are permitted on the site, Builder's
Square has chosen to erect one, using only 67.7 % of the allotted pylon sign allowance.
He noted the site is large and a multiple business development would be permitted
additional signage. The applicant did not want to impose pylon signage on Druid Road and
will rely on minimal wall signage for that entrance. Mr. Pressman distributed a copy of a
St. Petersburg Times' article on the plan used to save Jive oaks on the site.
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The Mayor noted staff's recommendation that 64 square feet is the maximum that
should be permitted for a pylon sign. Mr. Shuford said the applicant is permitted a 64
square foot freestanding sign and a 34 square foot auxiliary sign. He is more concerned
with the request for a height variance. Should the Commission grant that variance, Mr.
Shuford recommended including a condition that prohibits additional freestanding signs.
Kelvin Ford, manager of the new store. said the ability for customers to locate the
store is important.
The Mayor said she had no problem with the area requested but with the height.
Commissioner Johnson indicated he had a problem with both requests. He noted the
business is new and the sign code works well.
Commissioner Thomas was not convinced the variances were necessary. He noted.
the nearby Sam's Club follows the sign code. Mr. Shuford reported Sam's Club is in a
different zoning district and is permitted a larger sign. Commissioner Thomas noted the
difference between the 8x8 sign allowed and the 9x9 sign requested is negligible. He felt
the variance granted for wall signage is large. He opposed the height variance because no
hardship exists. Commissioner Dallmann noted the project is permitted additional
freestanding signs. The Mayor recommended granting the request with a condition that a
freestanding sign on Druid Road not be permitted.
Commissioner Berfield questioned jf the area variance for wall signage would be
applied to the front of the store. Mr. Pressman agreed.
(;~~, Commissioner Berfield moved to aoprove 1) an area variance of 17 square feet from
the permitted 64 square feet to allow a freestanding sign with an area of 81 square feet
and 2) an area variance of 102.25 square feet from the permitted 124 square feet to allow
attached signs with an area of 226.25 square feet on property identified as Sec. 18.29-16.
M&8 42.01, 42.02, 42.08, and 42.09, for meeting Sec. 45.24 Standards for Approval,
items (1)- (4) and deny a height variance of 5 feet for a freestanding sign on property
identified as Sec. 18-29-16, M&B 42.01, 42.02, 42.08, and 42.09, for failure to meet
Sec. 45.24 Standards for Approval, items (1). (4) with the following condition: No other
freestanding sign will be permitted. The motion was duly seconded and carried
unanimously.
ITEM #12 - Public Hearing & First Readinq Ords. #5803~95. #5804~95 & #5805~95-
Annexation. Land Use Plan Amendment to Residential Low & RS-6 ZoninQ for orODertv
located at 511 Dora Dr" Rolling Heights, Lot 19 (Haglund, A95-02, LUP95-02)
The subject property, on the east side of Dora Drive, is approximately 250-feet
south of Sharkey Road. The applicant wishes to annex to obtain City sewer service for the
existing single family home. The subdivision has mixed Future land Use Plan
Classifications. Most of the subdivision is in the County with a classification of Residential
Low. The lots in the City prior to the County/City Consistency Program are classified
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Residential Urban. Until a single classification is established, the City has retained the
Future Land Use Classification of Residential Low for lots annexed into the City. Staff
recommends assigning this lot a zoning of Single-Family Residential "Six." On April 18,
1995. the Planning & Zoning Board unanimously endorsed the proposed annexation.
Commissioner Thomas moved to approve the Petition for Annexation, Future land
Use Plan Amendment to Residential low, and Zoning Atlas Amendment to Single-Family
Residential "Six" for lot 19. Rolling Heights. The motion was duly seconded and carried
unanimously,
The City Attorney presented Ordinance #5803-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5803-95 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 #5804-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5804-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"A yes": Berfield, Thomas, Johnson, Dallmann and Garvey.
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"Nays": None.
The City Attorney presented Ordinance #5805-95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5805-95 on first reading.
The motion was duly seconded and upon roll call, the vote was: '
"A yes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #13 - Public Hearing & First Readino Ords. #5808-95. #5809-95 & #5810-95-
Annexation. land Use Plan Amendment to Industrial Limited & IL Zoning and reouest to
aoorove sewer connection for property located at 2020 Calumet St., Clearwater Industrial
Park, parts of lot 9 (Kent, A95-03, lUP95-03)
The subject property. on the north side of Calumet Street, is approximately 770 feet
east of Hercules Avenue. The applicant wishes to annex to obtain City sewer service for
the United Parcel Service (UPS) facilities that occupy the property. The existing structure
and facilities are not being modified. An engineer retained by UPS has designed an
extension of the existing sewer that currently ends approximately 500 feet east of the
applicant property. UPS will contract and pay for the construction of the sewer extension,
designed to City standards and requirements. The Engineering Department has reviewed
the plans.
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The property has a Countywide Future land Use Plan Classification of Industrial
Limited. It is proposed to assign the property this City Classification and zoning of Limited
Industrial, which is the zoning of the adjacent properties in the City. On April 18, 1995,
the Planning & Zoning Board unanimously endorsed the proposed annexation.
Commissioner Berfield moved to approve the petition for Annexation, Future Land
Use Plan Amendment to Industrial limited, and Zoning Atlas Amendment to limited
Industrial for the west 106.88 feet of Lot 9 and the north 95 feet of the east 305 feet of
the west 465.88 feet of lot 9, Clearwater Industrial Park. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #5808-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5808-95 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 #5809-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5809~95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
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"Nays": None.
The City Attorney presented Ordinance #5810-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5810-95 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 #14 - Public HearinQ & First Reading Ords. #5811-95, #5812-95 & #5813-95-
Annexation, land Use Plan Amendment to Residential low & AS-8 Zonina for orooertv
located at 1513 Laurel Dr" Nob Hill Sub., lot 3 (Lugo, A95-04, lUP95-04)
The subject property, on the east side of laurel Drive, is approximately 160 feet
south of Nursery Road and 1,400 feet west of Keene Road. The applicant wishes to annex
to obtain City sewer service.
The Countywide Future land Use Classification for the property is Residential low ,
which has a maximum density of five units per acre. The lot directly north of the
applicant's property is zoned Single-Family Residential JlEight" and is the only subdivision
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lot in the City. It is recommended that the property be assigned zoning of Single-Family
Residential "Eight. " On April 18, 1995, the Planning & Zoning Board unanimously
endorsed the proposed an'hexation.
Commissioner Johnson 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 3, Nob Hill Subdivision. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5811 ~95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5811-95 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 #5812-95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5812-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
t~~,~ The City Attorney presented Ordinance #5813-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5813-95 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 # 1 5 - Not Public Hearino - Res. #95-49. Finding that an area within the City of
Clearwater chronically exhibits extreme and unacceptable levels of poverty,
unemployment, physical deterioration and economic disinvestment, making certain
declarations regarding said area; designating said area as the City of Clearwater Enterprise
Zone; rescinding Res. #95-37
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 is designating an Enterprise Zone by resolution.
The Mayor noted the revised area now designated as the Enterprise Zone estimates
392 new jobs will be created while 2,000 new jobs were anticipated within the original
zone boundaries. She expressed concern that the whole intent of the zone has been
diluted. Commissioner Johnson noted limiting the Enterprise Zone' 5 area has reduced the
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value of the designation from $21-million to $3-million. Economic Development Director
Alan Ferri said the cost to the City for the limited size Enterprise Zone will be $220,000
over ten years; State incentives should total $3-million. Commissioner Thomas said he
would not support a larger Enterprise Zone because it would add a third layer on the
Community Redevelopment Agency (CRA). He recommended making one area of the City
shine by focusing on it.
The Mayor said one strong economic development will cause others to consider the
area and springboard to increased development. She expressed concern that the State
would not grant the City an Enterprise Zone for this limited area.
Commissioner Johnson felt the purpose of the Enterprise Zone would be defeated if
the area is limited to eight census tracts. The Mayor pointed out no tax abatement for the
CRA was proposed. Instead, a loan would be made to the business to cover the cost of ad
valorem taxes. She said the CRA district would benefit from the Enterprise Zone
designation.
Commissioner Dallmann said it was unfortunate the total proposed area went to
referendum before all the details were clear. He expressed concern that the Enterprise
Zone not overlap the CRA. He did not think the eRA would benefit from the proposed tax
abatement. Mr. Ferri said plans were to lend businesses in the CRA district money
equivalent to the abatement to which they would be entitled.
Commissioner Thomas expressed concern that the Commission had been advised
o the Enterpri~~ Zone's siLl:! could be determined after the referendum and then were advised
-'" they should approve the whole area. He noted the May 1, 1995 Work Session decision to
limit the Enterprise Zone to qualifying tracts north of Drew Street,
Commissioner Barfield moved to create an Enterprise Zone within the City of
Clearwater as shown in Exhibit A to include Census Tract block groups 261 ~2, 261-3, 261-
6, 262-1, 262-2 and 263-7. The motion was duly seconded. Commissioners Berfield,
Thomas and Dallmann voted "Aye"; Commissioner Johnson and Mayor Garvey voted
"Nay." Motion carried.
The City Attorney presented Resolution #95-49 and read it by title only,
Commissioner Berfield moved to pass and adopt Resolution #95-49 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
11 Ayes": Berfield. Thomas and Dallmann.
"Nays": Johnson and Garvey.
Motion carried.
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ITEM #16 - Second Readina Ord. #5815.95 - creating the City of Clearwater Enterprise
Zone Development Agency (ED)
After adopting Resolution #95.49, 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
enterprise zone development agency of the powers conferred by this act shall be deemed
and held to be the performance of an essential public function. Prior to the area being
designated as a State Enterprise Zone by the Florida Department of Commerce, the City
Commission must create an Enterprise Zone Development Agency.
Tom Selhorst referred to proposed members on the EZDA board of commissioners
and felt other representatives may be more effective than Police Chief Klein who is focused
on Police work and eRA Director Peter Gozza who is focused on the CRA. He expressed
concern that Mr. Gozza would direct development away from the Enterprise Zone to the
CRA district. The Mayor noted certain EZDA positions are designated by law.
Lois Cormier expressed concerns that her neighborhood was included in the original
Enterprise Zone. She complained this item was not ready for citizen review on
Wednesday, May 3. 1995. She said her neighborhood is not impoverished and does not
match the description of an Enterprise Zone. Mr. Ferri explained the original Enterprise
Zone was based on all contiguous City census tracts with high levels of unemployment and
poverty. Ms. Cormier noted a presentation regarding the Enterprise Zone was given to the
Old Clearwater Bay community but not to her neighborhood.
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The City Attorney presented an amendment to Ordinance #5815-95,
Commissioner Thomas moved to amend Ordinance #5815-95 on page 1. in lines 1
and 3 of the first WHEREAS clause, and in line 2 of the second WHEREAS clause, change
Resolution "95-37" to Resolution "95-49"; and in Section 2. line 1, after Irresponsibilities"
add "upon approval of the City Commission." The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5815-95, as amended. for second reading
and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance
#5615-95 as amended on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson and Dallmann.
"Naysll: Garvey,
Motion carried.
ITEM #17 - Not Public Hearino - Res. #95-45 - appointing the Board of Commissioners of
the Enterprise Zone Development Agency (EZDA); design'ating Chair & Vice-Chair (ED)
After the EZDA is created, the City Commission shall. by ordinance. appoint a board
of commissioners of the agency that shall consist of not fewer than 8 nor more than 13
commissioners. The City Commission must appoint at least one representative from each
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of the following: 1) the local chamber of commerce; 2) local financial or insurance entities;
3) the businesses operating within the nominated area; 4) the residents r9siding within the
nominated area; 5) nonprofit community-based organizations operating with the nominated
area; 6) the local private industry council; 7) the local code enforcement agency; and 8)
the local law enforcement agency. The terms of office of the commissioners shall be for 4
years. except that, in making the initial appointments, the City Commission shall appoint
two members for terms of three years, two members for terms of two years, and one
member for a term of one year; the remaining initial members shall serve four-year terms.
The City Commission shall designate a chair and vice chair from among the commissioners.
A vacancy occurring during a term shall be filled for the unexpired term. The importance
of minority representation on the agency shall be considered in making appointments so
that the agency generally reflects the gender and ethnic composition of the community as
a whole.
The Mayor noted a CRA appointment to the board is no longer necessary as the
CRA district has been removed from the Enterprise Zone. Commissioner Thomas felt the
CRA director should be appointed because of his expertise.
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Commission approved by consensus mandatory appointments: 1) Police Chief (Sid
Klein) - 4 years; 2) Central Permitting Director (Scott Shuford) - 4 years; 3) Community
Response Team Director ILl. Jeff Kronschnabl) - 4 years; 4) Community Redevelopment
Director (Peter Gozza) - 4 years; 5) Clearwater WorkForce Director (Phyllis Burchl - 4
years; 6) Florida Power Area Manager (Richard David) - 4 years; 7) CNHS Economic
Development Director (Nancy Hansen) - 4 years; and 8) Chamber of Commerce Economic
Development Director (Vickie Crouch) - 4 years.
At Commissioner Johnson's request. Mr. Ferri recommended appointment of
MacArthur Boykins.
Commissioner Johnson moved to appoint MacArthur Boykins to a three-year term.
The motion was duly seconded and carried unanimously.
,
Commissioner Johnson moved to appoint Kay Vega to a two-year term. The motion
was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Deborah Turner to a two-year term. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint C. David Carley to a three-year term. The
motion was duly seconded and carried unanimously.
Commissioner Thomas recommended Tom Selhorst as a member of the board. It
was noted Mr. Selhorst had not applied for board membership.
Commissioner Johnson moved to appoint Robert Kinney to a one-year term. The
motion was duly seconded and carried unanimously.
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Commissioner Johnson moved to appoint Richard David as Chair and Phyllis Burch
as Vice-Chair. The motion was duly seconded and carried unanimously.
The appointments as noted above were included in Resolution II 95-45.
The City Attorney presented Resolution 1/95-45 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-45 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None,
ITEM #18 - Public HearinQ - Res. #95-38 ~ adopting the Enterprise Zone Strategic Plan (ED)
The Enterprise Zone Strategic Plan includes: 1) descriptions of community goals; 2)
descriptions of coordinated efforts for revitalization; 3) descriptions of poverty and general
distress; 4} verification that contributing organizations participated in the planning process;
5) commitments from the governing body to enact local and fiscal regulation incentives; 6)
identification of local and private resources available in the nominated area; 7) indications
of how the tax incentives and local, state, and federal resources will be used in the
nominated area; 8) identification of funding requested under any State or federal program
for the proposed revitalization efforts; 9) identifi(:ation of the baseline, data and benchmark
~~.~,~ for measuring the success of the strategic plan; and 10) implementation strategy.
Commissioner Berfield questioned if the Strategic Plan changed since the size of the
Enterprise Zone was reduced. Mr. Ferri said the only changes are related to the number of
affected businesses and residential units. He said all documents are updated and ready to
go. The City Attorney noted Exhibit A was amended. Mr. Ferri said the updated maps
were ready for submission.
The City Attorney presented Resolution #95-38 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution 1195-38 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, rhomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #19 - Public HearinQ & First Readina Ord. #5769-95 - LDCA prohibiting parking on
front lawns of single family, duplex and triplex uses, including any unpaved portion of
street r-o.w adjacent thereto (LDCA 94-1 5)
This code amendment was prepared in response to requests from homeowner
groups, the code Enforcement Review Task Force, the Planning & Zoning Board, the
Development Code Adjustment Board, and the City Commission. If adopted, the ordinance
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~~, will: 1) incorporate new language in the code to make it unlawful to park on a front lawn in
a residential neighborhood, or on the grassy portion of a street right-at-way. Violations will
be enforceable through the issuance of parking tickets, and 2) existing regulations affecting
the parking ot boats, commercial vehicles, recreational vehicles, etc., in residential
neighborhoods will be relocated from Chapter 42 to Chapter 30 in the Code of Ordinances
to aid enforcement and permit the issuance of parking tickets.
On August 22, 1994, a 1 O~member citizen focus group reviewed the issue of
parking on front lawns and later reviewed the ordinance draftod to address this issue. The
consensus of the focus group was: 1) parking on front lawns in residential neighborhoods
is a problem the City should regulate; 2) parking should be allowed only in appropriately
designed and constructed spaces including spaces constructed of mulch, gravel, or other
durable materials; and 3) issuing parking tickets to violators is the preferred means of
enforcement; enforcement should occur on a complaint basis only.
The Planning & Zoning and Development Code Adjustment Boards both
recommended approval.
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On April 11, 1995, staff met with the North Greenwood Association (NGA) board to
discuss the impact of the ordinance on the North Greenwood neighborhood. Board
members expressed concern the ordinances would impact the smaller lots and substandard
setbacks common in the North Greenwood area. The NGA suggested the following
options: 1) exempt substandard properties from the ordinance provisions; or 2) provide a
streamlined, no cost, minor variance type program to allow exemptions on a case-by-case
basis; or 3) postpone enforcement action in North Greenwood for two years to allow North
Greenwood time to "catch up" to the rest of the City through extensive redevelopment,
unsafe structure enforcement, and other current code enforcement activities. The City
could investigate whether enforcement is desirable after two years.
Staff agrees with NGA regarding the potential problems in implementing the
ordinances on substandard properties but feel exemptions should be on a case-by-case
basis. The ordinance is not part of the Land Development Code, and is not subject to
regular variance procedures. An exemption program would not involve the existing staff~
administered minor variance or the Development Code Adjustment Board variance
procedures. A separate exemption of "minor variance" type program could be established
as part of the implementation procedures,
Staff also agrees with postponing enforcement in North Greenwood until after the
effects of the City's comprehensive redevelopment/code enforcement program is more fully
realized. After this program reduces the number of substandard properties, enforcement
could be initiated.
Staff suggests postponing the second reading of the ordinance for a short time to
allow staff time to develop this recommended enforcement program in more detail.
Commissioner Thomas questioned jf staff had reviewed undersized lots on
Clearwater beach and South Greenwood. Mr. Shuford said staff research, provided to the
City Commission, indicates those areas do not have the same level of problems 8S North
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Sheila Cole, representative for the Beautification Committee, expressed support for
the ordinance with some reservations. She did not think it was fair to base enforcement
on complaints. She recommended an area be swept if a complaint is received. Ms. Cole
expressed concern that too many exemptions and variances will diminish the desired
result. She pointed out the ordinance did not require residents to maintain green space and
suggested residents would be permitted to cover theii front yards with mulch. Mr. Shuford
said the intention is not to gravel or surface whole front yards. He indicated residents will
still have to meet open space requirements.
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,.-...." Greenwood due to development patterns. He noted an infill housing program is active in
North Greenwood and recommended delaying enforcement there. Commissioner Thomas
recommended not changing the ordinance but allow exemption in the areas most likely to
have problems. Mr. Shuford agreed the proposed phased implementation is unusual. The
focus group had recommended basing enforcement on complaints.
Myrtle Hem said she purchased her home 1.5 years ago and was appalled to see
neighborhood residents park their cars and trucks on their lawns. She supported the
ordinance.
Eva Solgovic spoke against allowing people to park on front lawns. She said the
practice creates an undesirable look, similar to a slum area.
Susan Stephenson opposed the proposed ordinance. She noted the ordinance
permits residents to use materials such as mulch, gravel, etc. for parking their cars.
~....,~ Central Permitting advised her the first 15 feet must be paved while Environmental stated
i:;ll:t' that mulch could be spread to her curb, Ms. Stephenson questioned why spreading mulch
is permitted in one case but not in the other.
Commissioner Thomas questioned if Ms. Stephenson would qualify for a variance.
Mr. Shuford said she might, He said a mulch or gravel drive would not be permitted in the
right-of-way. Commissioner Thomas noted residents are allowed to use mulch as
landscaping. Mr. Shuford indicated a driveway needs a concrete apron. Commissioner
Thomas noted cars, parked in driveways on shallow lots, overhang the sidewalks. Mr.
Shuford indicated that situation would warrant a variance.
Howard Groth said he favored the ordinance. He suggested the City needs to
protect the future and stop a slow deterioration of neighborhoods. one lot at a time. He
indicated some areas resemble used car lots. Mr. Groth did not anticipate police would
roam neighborhoods looking for violators. He agreed enforcement should be based on
complaints.
Lois Cormier, focus group member, said she opposed the ordinance and did not
agree with the complaint based method of enforcement. She said her neighborhood is old
and her house has never had a driveway. Her family has never parked vehicles an the road
in front of their house. She said a ramp was recently built for her husband and visiting
nurses and other guests park in the grass right-of-way next to her home. She did not think
this ordinance would work in her neighborhood.
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Commissioner Thomas said the ordinance includes ways to resolve hardship cases.
Mr. Shuford recommended delaying second reading to allow staff to address hardship
issues.
Jacob Solgovic said the ordinance sounds good for some and bad for others. He
lives on a dead end street in a neighborhood with 50 foot lots where parking is not allowed
in the street. He preferred residents parking on the grass rather than covering front yards
with concrete or asphalt. He noted holidays are a: problem when 10- 12 cars are parked on
front lawns.
Mayor Garvey said she was against the ordinance. She did not think parking on
front lawns was that great a problem but noted the ordinance would cause problems for
residents in older neighborhoods and homes with teenagers. She cautioned against
encouraging parking in the street. The Mayor indicated a requirement for additional paving
will destroy the concept of green space, cause additional water runoff and will not be
affordable for many. She said the ordinance is not good and could pit one neighbor against
another, adding to the destruction of neighborhoods.
Commissioner ThomaS said he supported the ordinance. He supported staff's
attempt to ease in the issue and take enough time to resolve the mechanics of
enforcement. Commissioner Thomas expressed concern regarding rental properties in older
areas with inadequate parking. He said the ordinance will enhance and maintain the
beauty of the community.
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Commissioner Thomas moved to approve the proposed code amendment prohibiting
parking on front lawns of single family, duplex and triplex uses and direct staff to develop
a streamlined "minor variance" program and an enforcement program postponing action in
the North Greenwood neighborhood prior to second ordinance reading. The motion was
duly seconded.
Commissioner Dallmann spoke against tne ordinance and concurred with the
Mayor's concerns. He questioned who would respond to weekend complaints. He
suggested complaints could tie up the Police Department with enforcement of this
ordinance. Commissioner Dallmann noted pros and cons to the proposal but suggested
more problems would be created than solved.
Commissioner Johnson said the ordinance is needed to help clean up the City but
expressed concern regarding the loss of another property owner right. He said the
ordinance would have a great impact. Commissioner Johnson indicated residents in his
neighborhood park on lawns and across sidewalks. He said the ordinance should not be
passed in its present form. He suggested neighborhood residents address problems in their
own neighborhoods. He felt the ordinance would create problems.
Commissioner Berfield said she had mixed emotions regarding the ordinance and
noted both strong advantages and disadvantages to the proposal. She pointed out many
neighborhoods belong to homeowner associations and have deed restrictions while others
do not. Commissioner Berfield expressed concern regarding selective enforcement. She
noted a Code Enforcement Officer is on duty on weekends.
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The City Attorney reported complaint based enforcement is not selective
enforcement. Commissioner BerfiE1ld questioned if other nearby violators would be cited
when a complaint IS addressed. Mr. Shuford said staff had suggested only addressing
complaints. The City Attorney'expressed concern with that proposition. Commissioner
Thomas agreed that all violators should be cited. He noted traffic enforcement is often
complaint driven. He said that issue needs to be addressed and agreed the ordinance is
not yet perfect. The City Attorney indicated a new first reading would be required if
substantial changes are made to the ordinance.
The City Manager said staff would develop an enforcement process. Commissioner
Dallmann said enforcement would create an intense situation for enforcement personnel
and could have budget impacts. He estimated it may take from three to four hours to
respond to complaints.
Commissioner Thomas reiterated his concern regarding rental properties accepting
more tenants than the property can hold.
Commissioner Johnson noted the ordinance could be killed on second reading. The
City Manager said if the Commission does not think it will pass, the measure should be
killed now to save staff time.
Commissioner Berfield questioned if current ordinances address Commissioner
Thomas' concerns regarding too many cars parked at a house. Mr. Shuford said some
controls exist such as prohibiting cars from blocking sidewalks.
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Sheila Cole said residents up north take pride in their property and rent garages or
use neighborhood lots to address this problem.
Upon the vote being taken, Commissioner Thomas voted "Ay'e"; Commissioners
Berfield, Johnson and Dallmann and Mayor Garvey voted "Nay." Motion failed.
ITEM #20 - (Cont'd from 04/20/95) Public Hearina & First ReadinQ Ord. #5817-95 - LDCA
re Design Review Board (LDCA 95.01) (CPI
This amendment to the Land Development Code establishes a Design Review Board
(ORB) for nonresidential sections of Clearwater beach (as an implementation measure of
the Clearwater Beach Blue Ribbon Task Force report), for downtown (to facilitate
implementation of the design grant programs) and for the North Greenwood commercial
district (to facilitate implementation of the design grant and zoning incentive programs).
This ordinance replaces the North Greenwood Design Review Committee regulations and
establishes a seven-member board to implement the various existing design guidelines or
those to be developed by the ORB, including the Tropical Seascape design guidelines for
Clearwater beach.
Under the proposed ordinance, design review will be voluntary, except for grant
applicants, in downtown and North Greenwood and mandatory on Clearwater beach. Staff
supports CRA Director Peter Gozza recommendation for a mandatory approach downtown.
The scope of ORB review will be limited to building plans for new buildings, building
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additions and facade alterations requiring building permits, and sign pla'ns for which sign
permits are required or requested. ORB will also provide policy.type input on design and
development issues regarding Clearwater beach, downtown, and North Greenwood,
including the development of design guidelines.
Mr. Shuford said this ordinance represents a major change in the way the City
reviews construction projects in three districts. It was recommended to make design
review mandatory in all three districts. He said staff may propose expansion of the
program to other areas in the future. A user friendly process will be established. The
Mayor questioned where the word "mandatory" was listed in the document. Mr. Shuford
stated the word "regulatory" was used.
Commissioner Dallmann referred to the appeal process and questioned if it was user
friendly to require applicants to make three or more good faith appearances before the
Design Review Board before addressing the City Commission. Mr. Shuford indicated the
proposal had been modified and Section 36.038 (9) should read, "The property owner or
the owner's designated representative may appeal the board's decision. . . ,"
Commissioner Dallmann expressed concern that the City Commission's workload
may increase if many appeals need to be heard, Mr. Shuford said if the Commission
supports the Design Review Board, the number of appeals will decrease, He said once the
board is approved, the board will develop guidelines and present them to the City
Commission for approval.
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Commissioner Thomas moved to approve the Land Development Code amendment
concerning the Design Review Board. The motion was duly seconded.' Commissioners
Berfield, Thomas, Johnson and Mayor Garvey voted "Aye"; Commissioner Dallmann voted
"Nay." Motion carried.
The City Attorney presented Ordinance #5817-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5817-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
" A yes": Berfield, Thomas, Johnson and Garvey.
"Nays": Dallmann.
Motion carried.
ITEM #21 - Public Hearing & First Readina Ord. #5806-95 - LDCA re adult day care (LDCA
95~07)
Staff recently found City regulations make no provisions for an adult day care use.
Staff developed an ordinance allowing adult day care uses in many nonresidential zoning
districts as permitted or conditional uses,
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Staff has provided for adult day care uses in some unusual zoning districts such as
Highway Commercial, Commercial Center, and Limited Industrial, because they feel such
uses may be established in these areas due, for example, to a need of some working
children to have proximity to their parents in an adult day care setting. The Planning &
Zoning Board recommended this item for approval.
Commissioner Berfield moved to approve the land Development Code Amendment
concerning adult day care. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5606-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance 115606-95 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 1122 - Public HearinQ & First Readina Ord. #5807-95 - lDeA clarifying conditional use
approval standards (LDCA 95-06)
Staff was requested to clarify language in the supplementary standards for approval
of conditional uses to insure that the wording is consistent, clearly indicates that all
approved standards must be met, and addresses possible confusion in the current wording
involving the word "permitted." The Planning & Zoning Board has recommended approval.
(:;~
Commissioner Thomas moved to approve the land Development Code amendment
clarifying conditional use approval standards. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5807-95 for first reading and read it by
title only. Commissioner Dallmann moved to pass Ordinance #5807-95 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 #23 - (Cont'd from 04/06/95) Public Hearing & First Reading Ord. #5766-95 - LOCA
re revisions to receipt and referral and other related requirements (lDCA95-05)
Staff is revisiting this item in accordance with City Commission direction.
Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded and carried unanimously.
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ITEM #24 - {Cont'd from 04/06/95) Public Hearina - Vacating section of Wood Drive right-
of-way. from Smellwood Circle to Rosemere Road (leConche, V95-051
Staff is still working with the applicant to address con'cerns raised at the April 6,
1995 meeting.
Commissioner Berfield moved to continue this item until June 1, 1995. The motion
was duly seconded and carried unanimously.
The Commission recessed from 10:41 to 1 0: 53 p. m,
Public Hearina - Second Reading Ordinances
ITEM #25 - Ord. #5766-95 - LDCA re revisions to receipt and referral and other related
requirements (LDCA95-05) - See #23
Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded and carried unanimously.
ITEM #26 - Ord. #5771-95- RPD Zoning for property located at 1550-' 570Jasmine Way,
Druid Groves, Blk A, Lots 7-12 & vacated r-o-w adjacent to west side of Lot 12
(Clearwater Community Hospital, 294-15)
(:)
The City Attorney presented Ordinance #5771-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5771-95 on second
and final reading. The motion was duly seconded and upon roll calli the vote was:
'-
"Ayes": Berfield. Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
Commissioner Dallmann questioned if the property was to be rezoned RFD. The
City Attorney said that was correct.
ITEM 1127 - Ord. #5788-95 - Vacating 10' east/west alley lying in Blk. E. Plaza Park
Addition, less the W 100', subject to City retaining a full width drainage & utility easement
(City, V95-01)
The City Attorney presented Ordinance #5788-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5788-95 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.
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ITEM #28 - Ord. #5792-95 - LDCA re fences in structural setback area for waterfront
property (Single Family zones only)(LDCA 95-03)
The City Attorney presented Ordinance #5792-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5792-95 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. #5811-95 - lDCA re Design Review Board (LDCA 95-01) - See #20
Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded and carried una"imously.
ITEM #30 - Soecialltems of widesoread public interest - None.
ITEM #31 - Citizens to be heard re items not on the AQenda
I,:J
Ken Rosenow requested the status of the Information Station Express (ISE). The
Mayor reported ISE made a presentation during a Work Session, Deputy City Manager
Kathy Rice said staff has met with ISE, is finalizing a City marketing plan, and putting
together a package. She noted the Commission has a meeting scheduled to address beach
issues.
Mr. Rosenow questioned if more was done to oppose a 1 % tourist tax increase.
The Mayor indicated the Commission had sent a letter expressing opposition to the
proposed tax hike. Mr. Rosenow recommended the Commission follow up on their letter.
Mr. Rosenow reported Chief Klein had a good meeting with beach merchants on
May 3, 1995. He urged the City Commission to support Chief Klein's efforts to control
violence on the beach.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #32-56) - Approved as submitted, (Note: #38 is pulled) less
#42.
ITEM #32 - Purchase of miscellaneous office supplies from The Smith Wilson Co.. Orlando.
FL, for the period OS/22/95- OS/21/96, for an estimated $80,000 (FN)
,
ITEM #33 - Declare tanker/trailer IIUNG239201 surplus to city needs: authorize disoosal
thru Tamoa Machinery Auction, Tampa. FL (FN)
ITEM #34 - ICont'd from 04120/951 Contract with Raymond James & Associates. Inc., to
be Citv's Financial Advisor for a period of 3 years (FN)
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..____ ITEM #35 - Purchase of commercial tyoe propane (LPl tanks from Trinitv Industries, Dallas.
TX, at an estimated $58,100 (GAS)
ITEM #36 - C,Q. to Joint Proiect Aareement with Pinellas County to install natural gas
mains durinq improvements to Tampa Road, increasing the estimated labor cost to
$267,000 (GAS)
ITEM #37 - Extension of contract with Heuer Utilitv Contractors, Inc.. Clearwater, FL, for
installation of polyethylene mains & service lines, for the period 05/05/95 -12/30/95, at an.
estimated $500,000 (GAS}
ITEM #38 - Purchase of 1 street sweeper from Florida Municipal Eauipment. Lakeland. FL,
for $95,890; financing to be provided under City's master lease.purchase agreement with
Barnett Bank of Pinellas County (GS) - PULLED due to bid protest
ITEM #39 - Purchase of one 1995 GMC trash truck with Pak-Mor packer and warranty
from Municioal Sales. Tampa. FL, for $66,483; financing to be provided under City's
master lease-purchase agreement with Barnett Bank of Pinellas County (GS)
ITEM #40 - Contract for Finance System software support to Ross Systems. Redwood
City. CA, for the period 07/01195-06/30/96, for $47,077 (1M)
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ITEM #41 ~ License Aareement with National Ocean Service. National Ocean and
Atmospheric Administration to maintain and operate a permanent tide station on Pier 60,
for a period of 10 years from date of last signature, with options to extend the agreement
for subsequent 10 year periods (MA)
ITEM #42 - See oaae 28
ITEM #43 - Purchase of fire hydrants from B & H Sales, Sarasota, FL, for the period
05/24/95~ OS/23/96, at an estimated $75,377.50 (PW)
ITEM #44 - Purchase of Hampton Road r-o-w parcel Number 008.1. containing 75 sa.ft..
m.o,!., from Limited Properties. Inc., for $550 and estimated closing costs of $500, for a
total estimated $1,050 (EN)
ITEM #45 - General Aqreement for Transit Bus Shelter and Bus Pad construction with
Pinellas Suncoast Transit Authority (PST A) (EN)
ITEM #46 - 1995 Sidewalk Contract to MTM Contractors. Inc" St. Petersbura. FL, for
$189i630(EN)
ITEM #47 - (Contid from 04/20/95~ AQreement for orofessional enqineerinQ services with
Post. Bucklev. Schuh & Jerniqan. Inc.. for a term of 5 years (EN)
ITEM #48 - Preliminarv Plat for The Townhomes of Northwood located at 2739-2749
Enterorise Rd. (Quartetti/Sun Ketch Construction, Inc., SUB95-03) (CP)
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ITEM #49 - Receiot/Referral - Annexation. Land Use Plan Amendment to Residential Low &
RS-8 Zonina for orooertv located at 1456 Carolyn Lane, Terra.Alto Estates, Lot 10
(Gimarey, A95-08, LUP95-09) lep)
ITEM #50 - Receipt/Referral - Annexation. Land Use Plan Amendment to Residential Low &
RS-8 and Preservation Zonina for property located at 1524 Stevenson Dr _, Stevenson's
Heights, Lot 21 (McGee, A95-' 0, LUP95-11) (CP)
ITEM #51 - Receipt/Referral - Annexation. Land Use Plan Amendment to Residential Urban
& RS-8 Zonina for property located at 1761 St, Anthonv Dr., Virginia Grove Terrace, Fifth
Add., Lot 4 (Boike, A95-11, LUP95-12) (CP)
ITEM #52 - Receipt/Referral - Annexation. Land Use Plan Amendment to Residential Urban
& RS-8 Zonina for property located at 1785 Pineland Dr., Sec. 3-29-15 M&B 43.02
(Williams, A95-09, LUP95-1 0) (ep)
ITEM #53 - Receipt/Referral - LDCA allowino outdoor sales displavs in conlunction with
conformina indoor retail sales uses (LDCA 94-26) (CP)
ITEM #54 - Purchase of folding tables. storaQe trucks. chairs & chair trucks. for the
Harborview Center, from Vireo Mfg. Corp., for a grand total of $89,515.20 (CM)
~~';~3
ITEM #55 - (Cont'd from 04/20/95) Budaet tor leasehold improvements First & Third
floors, Harborview Center restaurants - Approve $216,600 increase in scope of work for
Harborview Center, consisting of $80,600 for infrastructure improvements to provide a
restaurant shell on the first floor of the Center and $136,000 for infrastructure
improvements to provide a restaurant shell on the third floor (CM)
ITEM #56 - Disposition of Tree Farm Prooertv - Approve orioritization of various parties
currently requesting ownership or assignment of the City's tree farm property located
adjacent to Clearwater Executive Airpark in the following order: 1) Pinellas County as a
storm water facility serving the Keene Road construction project; 2)) the Clearwater
Executive Airpark for development of revenue producing facilities serving the aviation
community; 31 a possible site for Engineering facilities; and 4) the Florida Military Aviation
Museum for the establishment of an aviation museum (CM)
Commissioner Thomas moved to approve the Consent Agenda as submitted less
Item 1/42 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #42 - Purchase/install replacement nlavQround eauipment for Del Oro Park & Marshall
Street Park from Park Structures, Inc., for $42,631.28 (PR)
The City has a Capital Improvement Project established to replace worn-out
playground equipment at the City's 27 playgrounds. Continuous inspection and
maintenance programs are performed to assure the equipment safety and to determine
replacement needs.
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For fiscal year 1993/94, substandard play equipment has been earmarked for
replacement at Del Oro and Marshal Street Parksl The major play centers in each park
were installed more than ten years ago, are in poor condition and do not meet ADA
requirements. Replacement play structures are geared to preschoolers and primary grade
children from six to eleven years old and are constructed of steel and plastic with a
transfer module for disabled accessibility. The proposed structures are similar to recently
installed equipment at Plaza Park.
Staff recommends purchase of the equipment from Park Structures, Inc. at a cost of
$42,631.28. This price reflects a 15% equipment discount and a 23% delivery and
installation fee which is identical to the County of Volusia, Florida, Bid Number 94-8-06,
which Park Structures indicated they would honor for this contract.
Commissioner Thomas recommended replacing all equipment rated '1poor. /I
Commissioner Berfield moved to award a contract to purchase and install
replacement playground equipment for Del arc Park and Marshall Street Park, at a cost of
$42,631.28 to Park Structures, Inc., under the County of Volusia, Florida, Bid Number 94-
8-06, in accord with City Code Section 2.564(1 Hd), other governmental bid and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #57 - (Cont'd from 04/20/95) Appointment of Vice-Movor (CLK)
Commissioner Johnson moved to appoint Commissioner Barfield as Vice-Mayor.
'The motion was duly seconded and carried unanimously.
ITEM #58 - (Cont'd from 04/20/95) Appointment of Commissioners to various reaional &
miscellaneous boards (ClK)
Suggested appointees to various boards that deal with issues affecting the City are:
1) Tampa Bay Regional Planning Council (TBRPC) ~ Commissioner Johnson; 21 Florida
League of Cities Board of Directors - Mayor Garvey; 3) Suncoast League of Municipalities
Board of Directors - Commissioner Dallmann; 4) Performing Arts Center & Theater Board of
Directors (PACT) - Commissioner Barfield; 5) Emergency Medical Services Advisory Council
(EMS) - Mayor Garvey; 6) Mayor's Council of Pinellas County - Mayor Garvey; 7) Chi Chi
Rodriguez Youth Foundation Trustees - Mayor Garvay; 8) Jolley Trolley Transportation of
Clearwater, Inc. Board of Directors - Commissioner Barfield; 9) St. Petersburg/Clearwater
Economic Development Council (f/k/a PCICI - Mayor Garvey; 10) Pine lias Planning Council
(PPC) - Commissioner Barfield; 11) Pinellas Sports Authority (PSA) - Commissioner
Johnson; 12) Pinellas Suncoast Transit Authority {PST AI - Commissioner Dallmann; and
13) Metropolitan Planning Organization (MPO) - Commissioner Thomas.
Commissioner Thomas moved to approve the list of appointees. The motion was
duly seconded and carried unanimously.
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.~ ITEM #59 - (Cont'd from 04/20/95l Develooment Code Adiustment Board - 1 appointment
I (eLK)
Commissioner Thomas moved to appoint William Schwab. The motion was duly
seconded and carried unanimously.
ITEM #60 - Other PendinQ Matters - None.
CITY ATTORNEY REPORTS
ITEM #61 - First Reading Ordinances
a) Ord. #5822-95 - Amending Secs. 2.160 & 2.161 to r'educe number of members for
Environmental Advisory Board from 10 to 7
The City Attorney presented Ordinance #5822-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5822-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Dallmann and Garvey.
'INays": None.
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b) Ord. #5835-95 - Amending Ch. 29. relating to occupational licenses, to amend
procedures for denying the issuance, transfer or renewal of them; amending procedures for
imposing delinquent penalties; clarifying procedures & grounds for revoking or denying
them; amending procedures for issuing a provisional license; clarifying procedures for an
appeal
The City Attorney presented Ordinance #5835-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5835-95 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 - Resolutions
a) Res. #95~32. Rescinding Res. #95-21 which assessed a lien on property at 1132 Palm
Bluff Street for demolition costs
The City Attorney presented Resolution 11'95-32 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-32 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #634 Other Citv Attorney Items 4 None.
ITEM #64 - City Menaaer Verbal Reoorts
The City Manager indicated the Fire Department has offered to conduct a CPR class
for the City Commission and Management Team. Consensus was to schedule a class
during a future Work Session.
ITEM #65 - Commission Discussion Items
,a) Chamber of Commerce funding
Commissioner Thomas questioned if the City should fund people or organizations
that deal in the election process. He said the Chamber of Commerce has taken an
extremely active role in politics and noted Commissioners make financial decisions that
impact the Chamber. He said the City makes a $50,000 annual subsidy to the Chamber.
Commissioner Thomas pointed out the City contributes to more than 30 charitable
organizations that are Chamber of Commerce members and indirectly subsidizes their dues.
He said the Chamber's focus should be to enhance the economy. He said their financial
statement shows a negative worth. He stated the documentation for the City's loan to the
f'~:'~ Chamber was poorly drafted and does not permit the loan to be recalled. He pointed out
:'I'1,~'tf the City maintains the Chamber's property uIII:; yivAs me Chamber land and money to
construct buildings. He said it is improper for the City to give taxpayer money to a political
organization. Commissioner Thomas referred to a letter the Clearwater Gas System wrote
the Chamber of Commerce supporting one member over another.
Commissioner Berfield questioned what course of action Commissioner Thomas
wanted the Commission to review. Commissioner Thomas requested the Commission
discuss his position of not using taxpayer money to fund political organizations.
Commissioner Dallmann referred to a memorandum from the City Attorney indicating that
City funds to the Chamber of Commerce did not go to a political organization and Clearpac
is a separate organization. Commissioner Thomas said he did not believe Clearpac is a
separate organization because the two organizations have the same board members and
use the same board room and phones. The only thing different is the name on the door.
Commissioner Johnson said he respects Commissioner Thomas' concern but noted
the City Attorney's memorandum cleared the organizations of conflict. He suggested if the
Commission supports the City Attorney, they should accept her opinion which conflicts
with Commissioner Thomas' allegation. Commissioner Johnson questioned why discussion
of this matter should continue,
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Commissioner Dallmann did not think City contributions were going to a political
organization. He said the City does not withhold pay from employees because they
support candidates. Commissioner Dallmann noted certain freedoms are permitted in this
country and indicated he wanted to hear from the Chamber of Commerce.
Commissioner Berfield said this is not a Chamber issue. She indicated she
supported not giving money to political organizations but did not consider the Chamber of
Commerce as political. The City Attorney said the City spends money on political
processes, including a Tallahassee lobbyist, The City does not put money into
organizations that support candidates. The Mayor said the City does not support Clearpac.
Commissioner Thomas expressed concern that the Commission was making
distinctions based on the City Attorney's memorandum. The City Attorney said she had ,
not indicated that no connection exists between the two organizations, just that Clearpac
was legally formed. Commissioner Thomas reiterated his belief that the two organizations
are the same and expressed concern regarding a conflict of interest. He suggested long
term problems would result.
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Ed Armstrong, Chamber of Commerce Board of Governors' member, said the
Chamber of Commerce's relationship with the City Commission is very important. He
reviewed the organization's history back to 1922 when the Chamber was formed to
enhance the business environment. A partnership between the Chamber and City was
established in the 1950's. He said the public/private partnership has worked well and
noted the Chamber of Commerce gives back to the City. The Chamber performs a function
that benefits the City by serving more than 200,000 people annually at the Welcome
Center.
Mr. Armstrong said in 1987, membership suggested the Chamber become more
involved in political activities. Mindful on separation requirements, Clearpac was formed in
1988. Clearpac's involvement in City elections was never an issue until this year. He
noted the Chamber follows all requirements of the law and Clearpac reimburses the
Chamber for services. Mr, Armstrong indicated not all Chamber members are Clearpac
members. He said he was proud of the Chamber of Commerce's accomplishments.
Joe Evich, representative of the Coalition of Clearwater Homeowners Organizations,
said his organization has taken no position on this matter. He questioned the Chamber
commingling funds and the perceived use of taxpayer funds for political activities. He
noted the City Attorney drew a delineation based on Clearpac's legal formation. Mr. Evich
questioned if any statutes address commingling funds. He expressed concern that
taxpayer funds are commingled with Chamber funds, He noted City employees have
earned their money to do with it as they wish. He noted the Tampa Chamber of
Commerce backed off supporting candidates.
Mayor Garvey did not believe this is an issue, She recommended the City continue
to work with the Chamber of Commerce as a public/private partnership. She noted the
good the Chamber has done for the City.
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,............ Commissioner Berfield noted the Commission is addressing this issue because a
Commissioner requested it be addressed. She indicated she was not for or against the
issue but felt everyone has a right to express views and it is good to air concerns in the
open. She noted Tampa's Chamber of Commerce did not have a separate, legally formed
Political Action Committee (PAC). She said the Commission has addressed the issue but
she was not sure anything could be done.
Commissioner Thomas noted the majority did not support his position and no action
can be taken.
b) Advertising in the Clearwater Gazette & Beach Views
The Mayor said she was uncomfortable with the City advertising in the Clearwater
Gazette & Beach Views because the paper does not meet legal requirements. She noted
when the Commission agreed to advertise in the Clearwater Gazette & Beach Views, the
paper's representative had advised them the paper would be published twice a week, The
publication is still once a week. She said the Tampa Tribune meets the requirements of the
law.
~.;J
Commissioner Thomas said the Commission voted to advertise in the Clearwater
Gazette & Beach Views to provide access to City legal notices to a wider range of
residents. He said the Commission agreed to a one year test and felt this issue cannot be
addressed until the year is complete. Mayor Garvey thought the motion had been to spend
up to $20,000 on the tryout and noted a year's worth of advertising could cost much more
than $20,000.
Commissioner Johnson questioned when the City began advertising in the
Clearwater Gazette & Beach Views. The City Clerk said in December 1994. Commissioner
Johnson questioned if advertising in the Clearwater Gazette & Beach Views meets legal
requirements. The City Clerk indicated it does not, but the Commission knew that before
they approved it. Commissioner Berfield said the Commission knew the Tampa Tribune
met the legal requirements but were using the Clearwater Gazette & Beach Views as an
additional way to get the word out.
Commissioner Dallmann recommended the City spend the least amount of money
possible to satisfy legal requirements and felt spending above those requirements was
wasteful. He suggested using other resources to get the information into the community.
He noted the Commission agreed to a year's trial based on the Clearwater Gazette & Beach
Views promise to publish twice weekly but the paper is still only published once a week,
Commissioner Dallmann recommended advertising on C-View 35. The City Manager
reported there are 33,000 cable subscribers in Clearwater and agreed information can be
aired on C-View 35.
Commissioner Johnson questioned what action could be taken. Commissioner
Thomas said the motion the Commission passed was to advertise in the Clearwater
Gazette & Beach Views for one year. Mayor Garvey said no agreement had been signed.
Commissioner Thomas indicated the Commission had made a commitment.
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Chuck Pollick, Editor and owner of the Clearwater Gazette & Beach Views, referred
to a November 17, 1994 letter on City stationery indicating the Commission had approved
a one year trial for the same cost as the Tampa Tribune's lowest rate. He said the paper
has been acting under the agreement in good faith. Mr. Pollick said he has received many
letters praising his paper's legal advertisements. He noted minutes from the Commission
meeting indicate a one year trial was approved. He said the trial period was not costing
huge amounts of money. He read several statements in support of legal notices in the
Clearwater Gazette & Beach Views. He noted the paper is free and prints only
Clearwater's legal notices.
Commissioner Dallmann questioned the legal status of the agreement since the
promise to increase the rate of publication was not kept. The City Attorney said a number
of conditions and issues were discussed relating to placing advertisements in the paper.
She stated if the Commission cancels the advertisements, there Is. the potential of ending
in court. She noted no written contract exists but the motion indicated a one~year trial.
She said it would depend on how the court viewed the agreement, including the one year
trial and the promised twice weekly publication. Commissioner Johnson said he believed
in honoring the agreement if the motion had been for a one-year trial.
Commissioner Johnson moved to revisit this issue in September 1995. The motion
was duly seconded and carried unanimously.
Commissioner Dallmann requested that legal notices be broadcast on C.View 35.
1'--"\
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ITEM #66 . Other Commission Action
Commissioner Thomas reported he requested the City Attorney draft a resolution
regarding the Commission's opposition to an increase in the tourist development tax, He
approved of the Commission's letter of opposition but recommended taking additional
action. He reported the Tourist Council voted 8.2 against the tax but the majority of
County Commissioners have indicated they will vote for approval. The Mayor expressed
concern that the resolution's timing was a little late. Commissioner Thomas said the
resolution could be forwarded to the County Commission before their vote if the
Commission approves it tonight.
Commissioner Dallmann indicated he would support the resolution if the fourth
Whereas is struck. Commissioner Thomas agreed to strike '/Whereas, Clearwater tourist
and convention businesses do not benefit significantlv from the existing tax and would not
benefit from the increased tax."
The City Attorney presented Resolution #95.50 and read it by title only, .
Commissioner Thomas moved to pass and adopt Resolution #95.50 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
" A yes": Berfield, Thomas, Johnson, Dallm ann and Garvey.
"Nays": None,
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Commissioner Thomas questioned the City's response to a letter from Clipper Cove
regarding problems caused by construction on adjacent property. Mr. Shuford said the
retention pond, which will take care of flooding problems. will be completed in a few
weeks. Commissioner Thomas recommended using hay bales to address the emergency
situation. Commissioner Johnson noted his recommendation to divert the downspout to
the parking lot.
Mayor Garvey questioned if the City requires retention pond construction at the
beginning of a project. City Engineer Rich Baier agreed that was normal procedure and
noted the project had been misphased.
Commissioner Thomas questioned if Clipper Cove could request payment for
damages from the adjacent property. Commissioner Berfield said that is a civil matter.
Commissioner Thomas noted gang violence is not just occurring on Clearwater
beach. He requested that juveniles, 'witnessed by a Police Officer attacking another youth,
be brought to justice.
Commissioner Berfield questioned if the Clearwater Bombers request for funds is to
be agendaed. The issue will be addressed on May 18, 1995.
A.,
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Commissioner Dallmann requested further discussion of Pier 60 park development at
the May 15, 1995 Work Session. Mr. Baker said staff is proceeding with the demolition of
the buildings and pool and construction of a concession stand. Commissioner Dallmann
indicated he wanted to review the project one more time. Commissioner Thomas said he
was satisfied with the project. Commissioner Dallmann suggested the City could get, more
income from the park. even if an RFP must be done. Commissioner Thomas noted the
property is extremely valuable but a passive park is desired. Commissioner Dallmann said
he supported the basic concept with possibly more facilities and amenities. He requested
the Commission address the project one more time. The Mayor noted an RFP would be
necessary if the Commission were to consider another plan. Commissioner Dallmann felt it
was worth exploring. Commissioner Thomas said he did not want the demolition to be
stopped.
Commissioner Dallmann expressed concern regarding program scheduling on C-
View Channel 35. The City Manager indicated there has been personnel turnover and
there was a mechanical glitch one evening. The Mayor noted there have been more
complaints about the clock being on constantly during the meeting. rather than the clock
not being on,
Commissioner Dallmann questioned the status of the Chi Chi Rodriguez sublease.
Consensus was to agenda the item for May 18. 1995. The City Attorney said, according
to the contract, the Commission must not unreasonably withhold approval of the sublease.
Commissioner Thomas questioned the legality of the original contract. He felt the
contract violated the City Charter because it authorized a 25-year lease when only a 15w
year lease was allowed.
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mincc05a.95
35
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Commissioner Dallmann requested a discussion of the site plan process at the May
30, 1995 Work Session. .
Mavor Garvev questioned if the Commission wished to confirm her recommendation
to establish the initial appointments as term limits for the EZDA. There was no consensus
to do so.
ITEM #67 - Adiournment
The meeting adjourned at 12:27 a.m., May 5, 1995.
. ATTEST:
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