05/18/1995 (2)
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. COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 18, 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 ~ 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 DtSABIL1TY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684. .
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
a) Development Code Adjustment Board -
Annual Report
6. Approval of Minutes - Regular Meeting
5/4/95 & Special Meeting 5/1/95
(attorney/clientl
7. Citizens to be heard re items not on the
Agenda (maximum of 30 minutes)
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'-.....15/18/95
1 . Pastor David Smith, Faith United Church of
Christ.
2. Mayor.
3. None.
4. Proclamation:
Safe Boaters Week 5/20-5/26/95
5. a) Report received.
6. 5/4/95 Approved as submitted;
5/1/95 Approved as corrected.
7. Bob Merkle, representative of Chi Chi
Rodriquez Youth Foundation, expressed
concern re delay of the sublease due to
Commission concerns re legality of contract.
Dale Daseveda spoke re locat;on of soup
kitchen citing safety concerns for herself
and clients. Discussion agendaed for
5/30/95 work session.
Tom Parkers said the Board of Realtors
meets close to the location of the soup
kitchen and expressed concern re homeless
in area and asked Commission for help with
this problem.
David Grice questioned why some of the
drug houses with multiple violations in the
Plaza Park neighborhood are not belng
seized. The City Attorney responded they
are homestead properties. He expressed
concern to developing substandard lots in
the N. Greenwood area indicating there
would be a problem in obtaining a
mortgage. Asked Commission to look at
other options for lots.
Joe Evich. 1994 Charter Review Committee
Member, asked that the Commission follow
the eRC's recommendation which allowed
for appointment within 30 days
guaranteeing it would not last longer than 4
months due to election requirements.
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John Doran requested the Sunsets at Pier
60 be expanded and proposed activites to
enhance beach tourism,
Bob WriQht complained re Cview reception
indicating a need for improvement.
PUBLIC HEARINGS
All individuals speaking on public hearing items win be sworn.in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 mInutes),
Applicant presents case. Witness may be cross.examined (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.
Variance(s) to Sign Regulations for property
located at 2539 Countryside Blvd.,
Countryside Village Square, Lots 5, 7 & 8
(HRE Properties/Blockbuster Video, SV95-
24)
Variance(s) to Sign Regulations for property
located at 1625 N. Belcher Rd., Sec. 7-29-
16, M&B 22.012 (The Salvation Army/The
Salvation Army Community Worship
Center, SV95-25)
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8. Approved request for variance to allow a
sign extending above the roofline of the
building.
9. Approved 24 sq.ft. area variance to allow a
freestanding sign with an area of 72 sq.ft.
subject to: 1) no additional freestanding
signs shall be permitted & 2) the property
address shall be displayed within the 72
sq.ft. area.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative (5 minutesl.
Commission disposition
10. Public Hearing - Declare surplus Lot 34, Blk
E, First Addition to Sunset Point, a/k/a
1872 Springtime Ave., for purpose of
offering for sale at minimum bid amount of
$15,300 (EN)
V 5/18/95
10. Declared surplus.
2
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~'1. Public Hearing & First Reading Ords. 11 . Approved. Ord. #5836.95 passed 1 st
#5836-96 & #5837-95 - LDCA's revising roading ; Ord. #5837-95 withdrawn.
receipt and referral and other related code
requirements (LDCA95-05)
'2. Second ReadinQ Ord. #5817-95- LDCA re 12. Ord. 115817-95 adopted. Res. #95-44
Design Review Board (LDCA 95-01); Res. adopted. Appointed Robert Frederick
#95-44 - Dissolving North Greenwood Herberlch and Arthur C. Shand to design
Design Review Committee; appointments to professional category; Kate McCullough,
ORB area property owner-Downtown category.
Remainder of appointments continued to
611/95.
13. To Be Cont. - Public Hearing & First Reading 13. Continued to 6/1/95.
Ord. #5818-95 - Vacating 60' north/south
r-o-w of Carolyn Lane, lying N of Sandy
Lane, and the 3' utility easement lying along
the W side of Lot 1, Blk F, Highland Estates
of Clearwater 1 st Addition, subject to
applicant providing replacement easements
for existing utilities (Maxwell; V94~ 1 51
Public Hearing - Second Reading Ordinances
14. Ord. #5769-95 - LDCA prohibiting parking 14. Denied 5/4/95.
on front lawns of single family, duplex and
t:, triplex Uses, including any unpaved portion
of street r-o~w adjacent thereto (lDCA 94~
151 . Denied on 1 st reading on 5/4/95
15. Ord. #5803-95 - Annexation for property 15. Ord. #5803-95 adopted.
located at 511 Dora Dr., Rolling Heights,
Lot 19 (Haglund, A95-02)
16. Ord. #5804-95 - Land Use Plan Amendment 16. Ord. #5804-95 adopted.
to Residential Low for property located at
511 Dora Dr. / Railing Heights. Lot 1 9
(Haglund, LUP95-02)
'7. Ord. #5805-95 - RS-6 Zoning for property 17. Ord. #5805-95 adopted.
located at 511 Dora Dr.; Rolling Heights,
Lot 19 (Haglund, A95-02)
18. Ord. #5806-95 - LDCA re adult day care 18. Ord. #5806-95 adopted.
(LDCA 95-07)
19. Ord. #5807-95 - LDCA clarifying conditional 19. Ord. #5807-95 adopted.
use approval standards (LDCA 95-06)
20. Ord. #5808-95 - Annexation for property 20. Ord. #5808-95 adopted.
located at 2020 Calumet St., Clearwater
Industrial Park, parts of Lot 9 (Kent, A95-
03)
05/18/95
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22.
Ord. #5809~95. Land Use Plan Amendment
to Industrial Limited for property located at
2020 Calumet St., Clearwater Industrial
Park, parts of Lot 9 (Kent, LUP95-03)
Ord. #5810.95- IL Zoning for property
located at 2020 Calumet St., Clearwater
Industrial Park, parts of Lot 9 (Kent, A95-
03)
Ord. #5811-95 - Annexation for property
located at 151 3 laurel Dr., Nab Hill Sub.,
Lot 3 (lugo, A95-04)
Ord. #5812~95 - land Use Plan Amendment
to Residential low for property located at
1513 laurel Dr., Nab Hill Sub., Lot 3 (lugo,
lUP95-04)
Ord. #5813~95 - RS-8 Zoning for property
located at 1513 Laurel Dr., Nab Hill Sub.,
lot 3 (Lugo, A95-04)
Ord. #5822.95. Amending Secs. 2.160 &
2.161 to reduce number of members for
Environmental Advisory Board from 10 to 7
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
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21.
Ord. #5809-95 adopted.
23.
24.
25.
26.
27.
28. - Special Items of widespread public interest - None.
22.
Ord. #5810-95 adopted.
23.
Ord. #5811-95 adopted.
24.
Ord. #5812-95 adopted.
25.
Ord. #5813-95 adopted.
26.
Ord. #5822-95 adopted.
27.
Ord. #5835-95 adopted.
Citizens to be heard re items not on the Agenda
Tom Selhorst requested the Commission consider using electronic measures to receive citizen input at
meetings.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #30-33f. Approved as submitted.
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.
\--.) 5/18/95
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31.
35.
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Promotional License Agreement with Clearwater Mall Company allowing the City to conduct an
EXPO and Parks and Recreation Mall Show for Florida City Government Week on 10/1 4/95 at
Clearwater Mall {1M}
Receipt/Referral - Land Use Plan Amendment to Institutional & MPD Zoning for property located
at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave., C. Perry Snell's
Bluff View Court, Lots 22-24, Westover Sub., Blk B, lots 1,2 & 17, and S. J. Reynolds Sub.,
Lot 8; and Amended Master Site Plan to go to the ORC for review with final approval by the
Commission (Morton Plant Hospital Association, Inc. & Kralis)(CP)
Contract for new Beach Guard Building to Triple 8. Builders, Inc., for $108,301; approve transfer
of $55,255 from Parking Fund unappropriated retained earnings into CIP 93486 Beach Guard
Building Renovation (MR)
Approve a grant program whereby the City will contribute $ 1 to the Clearwater Bombers for
every $10 in cash or in specific in-kind services the Bom~ers receive as donations from the
private sector up to a maximum city contribution of $10,000 during FY 1 994/95 (PR)
32.
33.
OTHER ITEMS ON CITY MANAGER REPORT
34.
Contract for a police computer system &
system integration services to PSI
International, Inc., Fairfax, V A, at an
amount not to exceed $3,335,0000;
authorize a 5 year lease purchase thru
Barnett Bank (PO)
Appointment of members to the
Neighborhood and Affordable Housing
Advisory Board (NAHAB) (ED)
34.
Approved.
Appointed Shirley Moran to provider
category; Rev. William Graham to advocate
for low income category; Millie Joplin to S.
Greenwood category; Mayme Hodges to N.
Greenwood category; William Turner, Sr. to
labor category; Ruth Hunter to banking
category; George Konstantinidis to
residential bldg. industry category; Howard
Groth to E. Clearwater category; Bertha
Kelly to real estate category
Approved.
Approved.
Approved.
a) Approved paying $250,000 for Chamber
property with an acceptance or rejection of
offer within 30 days.
CTIYATT-ORNEY R-EPORTS
40. First Reading Ordinances 40. al Ord. #5840-95 passed 1 st reading.
a) Ord. #5840-95 - amending Ord. #5815~
95, Sec. 2, powers of the Agency and City
Commission (re Enterprise Zone
Development Agency - EZOA)
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35.
36.
Approve Union Contract - FOP Supervisors
(CM)
Approve Union Contract - FOP #10 (CM)
Approve Union Contract - IAFF (CM)
Other Pending Matters
a} Chamber of Commerce Property
36.
37.
38,
39.
37.
38.
39.
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~ 1 . Resolutions
a) Res. #95-40 - Demolition lien - 402
Railroad Ave., Hart's Addition to
Clearwater. Blk 2. part of Lot 9 (Bryant
Estate)
b} Res. #95-41 - Demolition lien - 610
McLennan St., 8elleview Ct., 81k 8. Lot 10
(MLA, Inc.)
c) Res. #95-43 - Demolition lien - 506
Cedar St., J.J. Eldridge Sub., 81k C, part of
Lot 32 (McLeod)
d) Res. #95-46 - Demolition lien - 1 91 0
Overbrook Ave., Sunset Point 2nd Addition,
81k G, Lot 63 (Cadwell, Trustee)
e) Res. #95-47 - Assessing property owners
the costs of mowing or clearing owners'
lots
41. a) Res. #95-40 adopted.
b) Res. #95-41 adopted.
cl Res. #95-43 adopted.
d) Res. #95-46 adopted.
e) Res. #95-47 adopted.
42. Other City Attorney Items
42. City Attorney reported an attorney/client
session will be held on 5/30/95 at 9 am re
Church of Scientology. She said she will
be presenting her staffing plan for
discussion on 5/30/95.
Commissioner Thomas noted he will not
attend the 6/1/95 commission meeting.
(;)
43. City Manager Verbal Reports
CM announced 14th Annual FOP and Clearwater PO Memorial Service will be held at 10 am
tomorrow at Coachman Park. Representative John Morroni and Congressman Bilirakis to be in
attendance.
CM asked for direction regarding a request to lease city parking lot for music venue. Agendaed
for 5/30/95 work session.
CM requested direction re Elise Winters, D08 Chair, wanting Commission to reconsider providing
staff support services to 008. Direction given to provide support for an additional 30 days after
which time they are to become independent of the city.
eM announced she will be attending a seminar in Canada next week.
44. Commission Discussion Items
Commission discussed process to be used for replacing CommIssioner Dallmann who resigned,
City Attorney to draft special rule of order to be approved 6/1195. Special meeting scheduled
for 6/13/95 at 6:00 pm in Chambers.
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Other Commission Action
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Berfield requested status re Seminole boat ramp extension of "no wake" zone. CM to check and
respond.
She referred to a letter received at her residence from Mike Roy, former employee, regarding c~
View. CM indicated a response Is being prepared.
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Garvev requested staff Input ro soup kitchen discussion scheduled for 5/30/95.
Special meeting scheduled for 6/5/95 at 7:00 pm In Chambers to discuss tourism issues.
46. Adjournment - 11 :03 pm
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CITY COMMISSION MEETING
May 18/1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, May 18, 1995 at 6:01 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner Michael R. Dallmann resigned effective May 15/ 1995.
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Mary K. Diana
Patricia Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Assistant City Clerk
Board Reporter
I:::)
The Mayor called the meeting to order. The invocation was offered by Pastor David
Smith of Faith United Church of Christ. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed In that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamations:
Safe Boating Week - May 20 - 26, 1995.
ITEM #5 - Presentations
a) Development Code Adjustment Board - Annual Report
Alex Plisko, Development Code Adjustment Board {DCA B) Chair, reported DCAB
convened for 20 meetings and acted on 118 variance requests in 1994. Additionally, the
Board reviewed and offered comments and recommendations on 23 ordinances amending
the Land Development Code.
The five DCAB members are dedicated to providing a quality service to the City and
its citizens. Before each meeting, board members thoroughly review variance applications
and staff reports and routinely visit all subject properties, traveling approximately 500 miles
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yearly. The Board strives to fairly and judiciously apply the standards for approval to each
variance request. Of 11 B variance requests, 83 were approved and 35 were denied. The
three cases appealed to Haaring Officers were dismissed or upheld.
Board members have two recommendations for the City Commission: 1) Board
appeals should continue to be heard by State-appointed Hearing Officers, and 2) Board
membership should be maintained at five members.
The DCAB members appreciate the support and confidence given by the City
Commission and appreciate the opportunity to service the citizens of Clearwater.
The Mayor thanked the Development Code Adjustment Board for their report,
continued service and enthusiasm.
ITEM #6 - Aooroval of Minutes
Commissioner Barfield moved to approve the minutes of the regular meeting of May
4, 1995, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
Commissioner Johnson referred to the Commissioners listed in attendance at the
May 1, 1995 meeting and requested the names of Commissioners Richard Fitzgerald and
Arthur X. Deegan, II be replaced by Commissioners Michael R. Dallmann and J. B.
Johnson.
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Commissioner Johnson moved to approve the minutes of the special meeting of
May 1, 1995. as corrected. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aoenda
Bob Merkle. expressed concern regarding the second consecutive tabling of an
agenda item important to the Chi Chi Rodriguez Youth Foundation. He requested an
opportunity to speak with the Commission regarding this issue. Mr. Merkle expressed
concern Commissioner Thomas has publicly repudiated a contract the City has observed
for more than 10 years and has threatened private legal action. He said the Foundation is
grateful to Clearwater for maintaining a partnership that reaps tremendous benefits for the
City.
Dale 0' Azevedo, owner of commercial property adjacent to the St. Vincent de Paul
Soup Kitchen on Park Street, said the area's depressed condition is a direct result of the
soup kitchen's permanent location. Her property has been on the market for sale or lease
for more than two years. She said all potential interest is repelled because of its location
next to the soup kitchen. She presented a Police readout of calls to the soup kitchen, Ms.
D' Azevedo said she has been unable to conduct business in her building due to constant
trespassing by vagrants. Ms. D' Azevedo questioned: 1) how the City could improve the
situation; 2) if plans to build a downtown lake will affect her area; and 3) whether the City
would consider her property for a Police substation. Ms. 0' Azevedo submitted copies of
letters from concerned area property owners.
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The Mayor indicated this situation would be addressed at a future Work Session.
!.om Parker, realtor, said the Association of the Board of Realtors is close to the
soup kitchen location and noted homeless persons sleep in the nearby ravine. He
expressed concern regarding the difficult situation of homelessness and requested
Commission assistance to address this problem.
David GricB, President of the Drew and Plaza Park Homeowners Association,
referred to a letter from the City Attorney's office regarding the seizure of drug houses. He
said all of the case law quoted referred to first time offenders. He noted that five to 50
arrests have occurred on the properties that are of concern to his association. The City
Attorney indicated the properties in question are homestead properties and cannot be
seized.
Commissioner Thomas questioned if people who illegally sell drugs out of their
home can lose their home. The City Attorney said the home cannot be forfeited under
forfeiture statutes on homeowner occupied property. Mr. Grice questioned if any homes
have been forfeited. The City Attorney said she was unaware of any homestead properties
being forfeited.
Mr. Grice referred to the May 15, 1995 Work Session and noted a recommendation
had been made to aJlow'the development of substandard lots in North Greenwood. He did
not think this will help the area. He said mortgage companies will not lend money for
substandard lots. He recommended the substandard lots be incorporated by neighboring
~~~} properties.
Joe Evich referred to the vacancy on the City Commission. He said the Charter
Review had addressed this matter and recommended the Commission appoint a
replacement within 30 days and guaranteed the vacancy would last no more than four
months because of election requirements. Mr. Evich submitted a copy of the Charter
Review's unanimous proposal regarding vacancies. He recommended scheduling a special
election as soon as possible if this issue is not resolved within 30 days. Mr. Evich referred
to staff's "white paper" asking that this issue be addressed.
John Doran requested Sunsets at Pier 60 be expanded south of the pier. He
recommended annual seafood and street festivals be held. He suggested the water tower
be decorated in a Tropical Seascape motif. widening the sidewalk and providing
landscaping and pedestrian amenities on the east side of S. Gulfview, having a modest
water attraction and a "Celebration Station" style attraction. Mr. Doran suggested motel
rooms removed by redevelopment be combined with rooms from other old properties to
new, state-of~thewart tourist facilities along East Shore and on South Beach. He
recommended allowing a height bonus for redeveloping motels that provide off-street
parking, green space and view corridors.
Bob Wright complained regarding the reception on C-View 35 and requested this
situation be improved.
PUBLIC HEARINGS
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ITEM #8 . Variance(s} to Sign Reoulations for oroperty located at 2539 Countryside Blvd.,
Countryside Village Square, Lots 5, 7 & 8 (HRE Properties/Blockbuster Video, SV9S.24)
The applicant requests a variance to permit placement of a new sign that will
extend above the building's roof line. The subject property, east of US 19N, is on the
south side of Countryside Boulevard and zoned Commercial Center.
Blockbuster Music, in Countryside Village Square, is allowed 150 square feet of
signage attached to the storefront. The three proposed signs have a cumulative area of
144 square feet. The sign on the facade over the main entry is proposed to rise two feet,
four inches above the roof.
Staff feels the variance is not necessary to make reasonable use of this property.
The wall area is ample to place signs, including the facade over the main entry and the
parapet wall behind the main entry. No special circumstances or conditions unique to this
property warrant approval of this variance. Other property owners have removed signs
extending above roof lines to comply with the code. Signs placed flush against the wall in
accordance with code will be plainly visible.
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Todd Pressman, representative for the applicant, verified photographs of the
property presented him by Central Permitting Director Scott Shuford. Mr. Pressman said
the subject sign meets size requirements; however, it sneaks a few feet above the wall.
He presented a map of the area and noted the Blockbuster store is located in a corner unit
on a pivotal site in the shopping center. He presented pictures of the building and noted
the unusual circumstances of the site as another wall rises behind the proposed sign's
location to a graduated roof line. He felt the proposed sign is not really a roof sign as it
cannot be seen from the sides or back of the building. He noted the rest of the center has
a jumble of roof lines and signs at different heights.
Commissioner Thomas questioned the placement of new signs on the beach Eckerd
store. Mr. Shuford stated drawings of proposed improvements to Eckerds do not show
signs above the roof line. Commissioner Thomas requested additional information on the
Eckerd signs.
Commissioner Thomas felt the proposed signage for Blockbusters is reasonable
considering the wall rising to the higher roof line is close behind the proposed sign. He
questioned which roof line is the main one and suggested the lower roof line could be
considered an awning type structure.
Commissioner Berfield questioned if staff considered the lower roof line when they
reviewed the application. Mr. Shuford said they did. He indicated staff is preparing
amendments to the sign ordinance and will look for Commission direction based on
tonight's decision. He said staff has consistently recommended denial of signs located
above roof lines. He reiterated that the sign could be located below the roof line.
Commissioner Thomas moved to approve a variance to allow a sign extending
above the roof line of the building, on property identified as Countryside Village Square.
Lots 5, 7 and 8, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). The motion
was duly seconded.
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Mayor Garvey said she saw no reason for a variance.
Commissioner Johnson questioned the lower roof's size. Mr. Shuford estimated the
lower roof is less than 20 square feet. Commissioner Johnson felt that was too small to
be considered as a roof line. Mr. Shuford noted the rear of the business has a higher
ceiling line. Assistant City Manager William Baker said the lower elevation at the front
could be considered an off set front.
Mr. Pressman said the store's structure is one unit and the lower roof covers the
first few feet of the front of the store. Mr. Shuford agreed both roofs cover the store. Mr.
Pressman estimated 2% of the store is covered by the lower level roof.
The Mayor questioned if staff was considering a code amendment regarding signs
and multiple roof lev~ls. Mr. Shuford said consideration is being given for sign placement
to be based on the tallest line of a building with multiple roofs.
Commissioner Thomas suggested if less than 10% of the building's roof is at the
lower level, the higher roof line can be considered. Mr. Pressman said the store's location
provides difficult visibility from other areas of the shopping center.
Upon the vote being taken, the motion carried unanimously.
ITEM #9 - Variance(s) to Sian Regulatiol:\s for prooertv located at 1625 N. Belcher Rd.,
Sec. 7-29-16, M&B 22.012 (The Salvation Army/The Salvation Army Community Worship
Center, SV95-25)
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The applicant requests an area variance of 24 square feet from the permitted 48
square feet to allow a freestanding sign with an area of 72 square feet. The subject
property, one-half mile south of Sunset Point Road, is on the east side of Belcher Road and
is zoned Public/Semipublic. The variance is requested to permit enlargement of the
existing freestanding sign.
The Salvation Army Community Worship Center is aI/owed two freestanding signs:
a 48 square foot sign for property identification, and a 24 square foot changeable message
sign to announce services, events and functions. The Salvation Army has one 48 square
foot sign to identify the property and provide changeable messages. According to the
application, the existing sign is not large enough to convey all desired information. Two
freestanding signs with a total area of 72 square feet are permitted. Instead, the Salvation
Army wishes to increase this sign's size to 72 square feet.
Belcher Road is lined with a diverse mix of land uses, lot sizes, zoning districts, sign
sizes and heights. Many nearby properties, zoned for industrial use, are allowed 20 foot
high, 64 square foot signs. The proposed sign will not be taller or substantially larger than
other area signs. The industrial/y-zoned Espana Business Center across Belcher Road was
granted a 36 square, foot variance to allow a 100 square foot sign. Given the unusual and
varied development pattern along the Belcher Road corridor, staff feels the aesthetic effect
of a single 72 square foot sign will be no different than two signs with a combined area of
72 square feet. The applicant has proposed inclusion of the property address in the 72
square foot area. Staff recommends that be a condition of variance approval.
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-, Mr. Shuford indicated the sign would be similar to the Long Center sign that
received a variance. Mayor Garvey questioned if clutter would be eliminated. Mr. Shuford
said it would be.
David Williams, representative for the applicant, verified photographs of the
property presented him by Mr. Shuford.
Commissioner Thomas questioned if the sign will be as large as the Long Center's
sign. Mr. Shuford indicated the Long Center sign is substantially larger.
Commissioner Thomas moved to approve an area variance of 24 square feet from
the permitted 48 square feet to allow a freestanding sign with an area of 72 square feet,
on property identified as Sec. 7~29~16, M&B 22/012, for meeting Sec. 45.24 Standards for
Approval, items (1 )-(4), subject to the following conditions: a) No additional freestanding
signs shall be permitted and b) The property address shall be displayed within the 72
square foot sign area. The motion was duly seconded and carried unanimously.
ITEM #1 0 ~ Public Hearing - Declare surolus Lot 34. Blk. E. First Addition to Sunset Point,
e/k/a 1872 Springtime Ave., for purpose of offering for sale at mini.inum bid amount of
$15,300 (EN)
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On April 20, 1995, the City Commission accepted title to the subject lot by Quit-
Claim Deed from Henry G. Cisneros, Secretary of Housing and Urban Development, in lieu
of payment of a $6.016 structure demolition lien. In the same motion, it was
recommended to declare the property surplus at a future date for selling. Following its
declaration as surplus property, the lot will be offered for sale through the Purchasing
Department's bid procedures at its March 20, 1995 appraise value of $15,300.
Commissioner Berfield moved to declare as surplus a vacant singlewfamily residential
lot legally described as Lot 34. Block E, FIRST ADDITION TO SUNSET POINT, a/k/a 1872
Springtime Avenue, for the purpose of offering for sale at minimum bid amount of $15,300
and that the appropriate officials be authorized to proceed. The motion was duly seconded
and carried unanimously.
ITEM #11 - Public Hearina & First Readina Ords. #5836-95 & #5837~95 - LDCA's revising
receipt and referral and other related code requirements (LDCA95-05)
Staff has advised the Commission and advisory boards of the time intensive and
complex code requirements involving "Receipt and Referral." Pursuant to Commission
direction, board comments, and recommendations of the Code Enforcement Review Task
Force (CERTaF) and the Affordable Housing Advisory Committee (AHAC). ordinances were
prepared for consideration.
Ordinance #5836-95: 1) Eliminates the receipt and referral of certain sized
properties for site plan and subdivision plat review; 2) Eliminates receipt and referral of land
use plan. annexation, and rezoning requests. These requests would go immediately to
public hearings before the Planning & Zoning Board (P&Z) and City Commission; 3)
Requires additional public notice for site plans and plats; 4) Eliminates the preliminary and
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final site plan concept as all technical information is required to be shown on site plans at
the initial submittal stage; 5} Clarifies and revises submittal requirements for land
development concept plans, conditional use permits' site plans and variance site plans; It
also specifies when a change to a conditional use permit site plan would require
reconsideration of the conditional use permit by the P&Z; 6} Clarifies the Development
Review Committee's role as a City staff board; 7) Allows site plan certification by the
Central Permitting Department instead of the City Clerk, saving time in the certification
process; The City Clerk still would keep a copy of the certified site plan as an official City
record; and 8) Authorizes the City Manager to determine the land or cash issue for the
Parks & Recreation Impact Fee for sites not reviewed by the City Commission.
Mr. Shuford said the proposed ordinances were the culmination of work directed by
the Commission to streamline City processes. Central Permitting wishes to promote
economic development. He said the Design Review Board will protect design integrity
downtown, on the beach and in North Greenwood. Mr. Shuford noted the Receipt and
Referral process added 30 to 60 days to the development of property. After the proposed
change, the Commission will not review site plans and plats that are now subject to receipt
and referral. After the proposed change, the Commission will continue to review
annexations, rezonings and public hearings. Mr. Shuford said the public notification
process incorporated in the new ordinance will require proposed developments to be
posted with information regarding what is being proposed along with Central Permitting's
phone number for questions, comments and concerns. Currently, interested parties often
learn about a development after construction already had begun. He said the new
legislation will shorten the development review process.
Commissioner Thomas noted after the 20M development went through the system,
the Commission learned of the ecological consequences. He said the development's
attorney had indicated because the City Commission had accepted the proposal as a
Receipt and Referral item, the City was legally bound to allow the development to proceed
even though staff and Commission members had expressed concerns. He expressed
concern regarding liability that may result if the City Commission is removed from the
process and staff wishes to halt a development. Mr. Shuford said the current process does
not require developers to go through the expense of developing a detailed site plan. The
City Attorney said accepting plans for review does not vest any rights.
Commissioner Thomas expressed concern regarding the City's liability if this
ordinance is adopted. The City Attorney said she would review the background of the
20M development. She felt the City would not assume any liability by eliminating t~e
Receipt and Referral process. She indicated State environmental laws offer protection.
Commissioner Thomas requested the status of the environment survey of sensitive areas in
the City. City Engineer Rich Baier said the Environmental Advisory Board is developing the
list.
Commissioner Thomas questioned if an appeal process to the City Commission has
been established. Mr. Shuford said staff will stop any development that is not in
conformance with regulations. Developers may request an interpretation of the code.
Appeals can be made to the City Manager and City Engineer.
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Commissioner Thomas questioned how a request like the one by Empress Cruise
Line would be handled. Mr. Shuford indicated conditions imposed on the cruise line were
established by the boards.
Mr. Baker referred to the ZOM development and noted language in the land
Developmont Code regarding the environment was broad. He indicated ZOM moved
buildings to minimize tree removal. He said if staff discovers problems or concerns, they
point them out to the developer. Commissioner Thomas questioned if the appeal process
was being changed. Mr. Shuford indicated the process would remain the same.
Commissioner Berfield questioned how the minimum acreage of 25 acres requiring
Commission review was established. Mr. Shuford indicated CERTaF had recommended
that minimum. Undeveloped portions of Park Place include approximately 25 acres.
Commissioner Barfield questioned if the limit was recommended so the Commission would
not have to review many site plans. Mr. Shuford responded this was the case. He noted
most sites involve land use plans, zoning changes and require City Commission review. He
said larger areas usually require some variances, especially in sensitive areas.
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Commissioner Berfield questioned if the Commission would review Commercial
Planned Development. It was indicated they would continue to do so. Commissioner
Berfield questioned if the City Commission would have the right to review developments
that involve many citizen complaints. Mr. Shuford cautioned the Commission may be in an
awkward position if a site plan comes back for final approval with all conditions met and
citizens still objecting. Commissioner Berfield questioned if the Commission could pick
certain developments for review. The City Attorney indicated this was not advisable. Mr.
Shuford said the ordinance will do away with problems that result from the present
procedure. Information from the developer will be provided up front. Commissioner
Berfield questioned what recourse objecting citizens would have after staff review of the
site plan and public notice. Mr. Shuford said staff would help the developer and neighbors
meet early in the process to reach compromise. Commissioner Berfield questioned if
citizens' concerns will be heard. Mr. Shuford said the City will address valid concerns.
The Mayor questioned if the City Commission would receive and refer developments
larger than 25 acres. Mr. Shuford said the Commission needs to decide if they want to
continue that procedure. The Mayor questioned if the Commission will see completed site
plans for developments greater than 25 acres. Mr. Shuford indicated it will be.
Bob Wright said he had addressed this matter previously. He noted several errors
were made in the approval of the site plan for the development adjacent to Clipper Cove.
He said citizens need protection. He expressed concern the Commission addresses
annexations of small lots by reading three ordinances twice, yet will not be approving site
plans for developments smaller than 25 acres. Mr. Wright expressed concern if staff errs,
the citizens will have no recourse. He felt if this ordinance is approved, the Commission
will be abdicating its duty to Clearwater's citizens.
Commissioner Thomas spoke against the ordinance. He did not feel the slower
procedure was unsatisfactory. He supported a public forum where citizens could address
their concerns. He agreed passage of the ordinance would be an abdication of City
Commission responsibilities.
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Mayor Garvey suggested trying the new method. Commissioner Thomas expressed
concerns that public forums are not permitted under the proposed process.
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. matron was duly seconded.
Commissioner Berfield questioned if this ordinance would result in an abdication of
the Commission's responsibilities. The City Attorney indicated the current process is
unusual. She was not familiar with similar processes used elsewhere. She did not believe
the Commission would be abdicating any responsibility. She noted other communities use
the method proposed in the ordinance.
Commissioner Berfield questioned if developments that cause public concern can be
brought to the City Commission. The Mayor felt that procedure would result in selective
enforcement. The City Attorney noted approval of developments must be based on
standards within the code and not public opinion. Commissioner Barfield questioned how
the public would get satisfaction or recourse. Mr. Shuford said posting a property will
inform citizens of a developer's plans and permit citizens to voice their concerns to staff.
Commissioner Berfield suggested a requirement to post property could be added to the
present procedure. Mr. Shuford cautioned that more citizens may pressure the City
Commission to deny a development that meets all requirements. If such developments are
denied, other applicants would be discouraged.
The City Attorney presented Ordinance #5836~95 for first reading and read it by
~~:~::'e) title only.
Upon roll call, the vote was:
11 Ayes"; Berfield, Johnson and Garvey.
"Nays": Thomas.
Motion carried.
Ordinance 115837-95 transfers review of sign variances from the City Commission
to the Development Code Adjustment Board (OCAB).
Commissioner Thomas opposed the ordinance. He felt the appellate process should
come to the City Commission.
The Mayor did not have strong feelings for or against this ordinance. She noted
DCAB's request during tonight's presentation that board decisions continue to be heard by
State~appointed Hearing Officers. Commissioner Johnson said DCAB handles variances
well and the Hearing Officer process works. He did not feel having sign variances
reviewed by DCAB would cause the board a great deal of extra work.
Commissioner Berfield agreed the DCAB system is working well but felt the expense
and time involved with scheduling Hearing Officers was the reason the City is looking at an
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The majority agreed to leave the review of variances with the City Commission.
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alternate method. Commissioner Barfield said she would rather have sign variance review
stay with the City Commission.
The City Manager withdrew Ordinance 1/5837-95.
IT~M #12 ~ Second Readina Ord. #5817-95- LDCA re Design Review Board (ORB) (LDCA
95-01); Res. #95-44 ~ Dissolving North Greenwood Design Review Committee;
appointments to ORB
On May 4. 1995. the City Commission approved on first reading an ordinance
establishing a Design Review Board IDRB) for design reviews in downtown, the commercial
areas of Clearwater beach, and the North Greenwood commercial district. The ORB will
replace the North Greenwood Design Review Committee. in addition to performing other
functions. Consequently, it is also necessary to pass a resolution dissolving the North
Greenwood Design Heview Committee.
Regarding the appointment of the ORB membership, staff recommends giving
priority to those who have served on the following groups: 1} North Greenwood Design
Review Committee; 2) Downtown Partnership Design Group; 3) Clearwater Beach
Association/Chamber of Commerce Tropical Seascape Design Committee; 4} City
Beautification Committee; and 5} City Historic Preservation Board. The ordinance lists the
membership makeup for the ORB. One member must own property or operate a business
~;I''3 in each of the regulated areas (for a total of three members). Two members must be
.~~~~:. design professionals. The final two members are to be selected at large.
The CitY Attorney presented Resolution U95~44 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95~44 and authoriie the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the veta vvos:
"Ayes": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5817-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5817-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"AYt:J3": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
The Mayor Questioned if some property owners and merchants could be appointed
at large. Mr. Shuford indicated they could. He noted some applicants Qualify for more
than one category.
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Commissioner Thomas noted the requirements for design professionals include
architects. landscaping architects, urban planners and engineers. He said he wanted to
make sure the categories for members were covered. Mr. Shuford noted not many
merchants responded and staff took a broader view when filling this category.
Commissioner Thomas questioned if John Doran had applied for appointment. Mr. Shuford
noted this appointment would conflict with Mr. Doran's service on the Civil Service Board.
Mr. Shuford recommended continuing the appointments so staff could redo the list.
Commissioner Thomas moved to appoint Robert Frederick Herberich to the design
professional category. The motion was duly seconded and carried unanimously.
Commissioner Barfield moved to appoint Arthur C. Shand to the design professional
category. The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Kate McCullough to the downtown
property owner or merchant category. The motion was duly seconded and carried
unanimously.
The City Attorney questioned the terms of appointment. A recommendation was
made to delay assigning terms until the remainder of appointments were made.
Commissioner Thomas requested delaying appointments from North Greenwood and
Clearwater Beach until a broader group of applicants is presented.
Consensus was to continue the remainder of the appointments and terms.
C') ITEM # 1 3 - To Be Cont'd - Public Hearing & First Readina Ord. #5818-95 - Vacating 60'
"~ north/south r-o~w of Carolyn Lane, lying N of Sandy Lane, and the 3' utility easement lying
along the W side of Lot 1. Blk. F. Highland Estates of Clearwater 1 st Addition, subject to
applicant providing replacement easements for existing utilities (Maxwell, V94-15)
Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded and carried unanimously.
Pyblic Hearina . Se~ond Reading Ordinances
ITEM #14 ~ 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 94-15)
This item was denied on first reading on May 4, 1995.
The Commission recessed from 8:21 to 8:38 p.m.
ITEM 1115 - Ord. #5803~95 - Annexation for property located at 511 Dora Dr., Rolling
Heights, Lot 19 (Haglund, A95-02l
The City Attorney presented Ordinance 1f5803~95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5803-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Berfield, Thomas, Johnson and Garvey.
"Naystt: None.
ItEM #16 - Ord. #5804-95 - Land Use Plan Amendment to Residential Low for property
located at 511 Dora Dr.. Rolling Heights. Lot 19 (Haglund, LUP95~02)
The City Attorney presented Ordinance #5804-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5804-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
ttAyesu: Berfjeld. Thomas, Johnson and Garvey.
"Nays": None.
ITEM #17 - Ord. #5805-95 ~ RS-6 Zoning for property located at 511 Dora Dr.. Rolling
. Heights, Lot 19 (Haglund. A95-02)
The City Attorney presented Ordinance #5805-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5805-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson and Garvey.
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"Nays": None.
ITEM #18 - Ord. #5806-95. LDCA re adult day care (LDCA 95-07)
The City Attorney presented Ordinance #5806-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5806-95 on second
and final reading. The motion was duly seconded arid upon roll call, the vote was:
"Ayes": Berfield. Thomas. Johnson and Garvey.
"Nays": None.
ITEM #19 - Ord. #5807~95 - LDCA clarifying conditional use approval standards (LDCA 95-
06)
The City Attorney presented Ordinance #5807-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5807-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas. Johnson and Garvey.
"Naystl: None.
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ITEM #20 ~ Ord. #5808-9~ - Annexation for property located at 2020 Calumet St..
Clearwater Industrial Park. parts of Lot 9 (Kent, A95-03)
The City Attorney presented Ordinance #5808-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5808-95 on
second and final reading. The motion was duly seconded and upon roll call. the vote was:
to Ayes": Berfield, Thomas. Johnson and Garvey.
"Nays": None.
ITEM #21 ~ Ord. #5809-95 - Land Use Plan Amendment to Industrial Limited for property
located at 2.020 Calumet St., Clearwater Industrial Park, parts of Lot 9 (Kent, LUP95-03)
The City Attorney presented Ordinance 1/5809-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5809-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson and Garvey.
"Nays": None.
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'ITEM #22 - Ord. #5810-95- IL Zoning for property located at 2.020 Calumet St.,
Clearwater Industrial Park, parts of Lot 9 (Kent. A95-03)
The City Attorney presented Ordinance #5810-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance # 5810-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson and Garvey.
llNays": None.
ITEM #23 - Ord. #5811-95 - Annexation for property located at 1513 Laurel Dr., Nob Hill
Sub., Lot 3 (Lugo, A95-04)
The City Attorney presented Ordinance' #5811-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5811-95 on
second and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayestt: Berfield, Thomas, Johnson and Garvey.
"Nays": None.
ITEM #24 - Ord. #5812-95 - Land Use Plan Amendment to Residential Low for property
located at 1513 Laurel Dr.. Nob Hill Sub., Lot 3 (Lugo. LUP95-04)
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The City Attorney presented Ordinance #5812~95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5812~95 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Berfield. Thomas, Johnson and Garvey.
"Nays": None.
ITEM #25 - Ord. #5813-95 - RS-B Zoning for property located at 1513 Laurel Dr., Nab Hill
Sub., Lot 3 (Lugo. A95-04)
The City Attorney presented Ordinance #5813-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5813-95 on
. second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesl': Berfield, Thomas, Johnson and Garvey.
"Nays": None.
ITEM #26 ~ Ord. #5822-95 - Amending Sees. 2.160 & 2.161 to reduce number of
members for Environmental Advisory Board from 10 to 7
The City Attorney presented Ordinance #5822-95 for second reading and read it by
t:'.',' title only. Commissioner Thomas moved to pass and adopt Ordinance #5822-95 on
\.~~.'I second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
ITEM #27 ~ 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 provisiona/license; clarifying procedures for an
a ppeaJ
The City Attorney presented Ordinance #5B35-95 for second reading and read it by
title only. Commissioner Bertield moved to pass and adopt Ordinance #5835-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson and Garvey.
UNays": None.
ITEM #28 - Soecialltems of widespread oublic interest - None.
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,~ ITEM #29 - Citizens to be heard re items not on the Agenda
Tom Sehlhorst said C-View 35 is working well. He recommended increasing citizen
input by providing a fax number during live broadcasts of City Commission meetings so
interested citizens can comment on the proceedings. The Mayor said electronic
communication at meetings would be cumbersome. Commissioner Thomas noted most
citizens do not have fax machines. He felt taking calls during a meeting would be
disruptive. He supported advertising the City's fax number for citizen comment.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #30-33) ~ Approved as submitted.
ITEM #30 - Promotional License AQreement with Clearwater Mall Comoanv allowing the
City to conduct an EXPO and Parks and Recreation Mall Show for Florida City Government
Week of 10/14/95 at Clearwater Mall (1M)
ITEM #31 - Receiot/Referral - Land Use Plan Amendment to Institutional & MPD Zoning for
property located at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds
Ave., C. Perry Snell's Bluff View Court. Lots 22-24, Westover Sub., Blk. B, Lots 1,2 & 17,
and S. J. Reynolds Sub., Lot 8; and Amended Master Site Plan to go to the DRC for review
with final approval by the Commission (Morton Plant Hospital Association, Inc. &
Kralis)(CP)
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ITEM #32 - Con~ract for new Beach Guard Buildina to Triple B. Builders, Inc., for
$108.301 ; approve transfer of $ 5 5 ,25 5 from Parking Fund unappropriated retained
earnings'into CIP 93486 Beach Guard Building Renovation (MR)
ITEM #33 - Aoorove a Qrant orogram whereby the City will contribute $1 to the Clearwater
Bombers for every $10 in cash or in specific in-kind services the Bombers receive as
donations from the private sector up to a maximum City contribution of $10,000 during FY
1994/95 (PR)
Commissioner Thomas moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #34 - Contract for a DoUce com outer system & S'Lstem inteQration services to PSI
International, Inc., Fairfax. VA, at an amount not to exceed $3,335,000; authorize a 5-year
lease purchase through Barnett Bank (PO)
In accordance with the City's Information Services Strategic Plan and its
predecessor document, the Computerization Long Range Plan. the Police Department has
spent two years identifying their computerization needs for a new integrated police
information system.
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In March 1994, the City contracted with John Dorsey and Associates for a
computerization needs study and strategic plan for the Police Department. with particular
emphasis on the computer-aided dispatch system and existing laptop computers. The
Dorsey study identified a number of deficiencies in existing systems and recommended the
City correct those problems through acquisition of a new integrated police computor
system. On July 18, 1994 and July 20, 1994, the strategic plan was presented to the
City Commission which unanimously approved continuing the proiect and Mr. Dorsey's
contract to include system selection and implementation management for the complete.
integrated package of computer-aided dispatch. records management system and mobile
computers/ field reporting.
With staff assistance. Dorsey and Associates prepared an RFP released in August
1994 and sent to 137 vendors. The six vendor responses were evaluated by an RFP
Evaluation Committee which selected a short list of three vendors. After the vendors made
formal presentations in Clearwater. the committee ranked them and visited installation sites
of the highest ranked vendor. References and other identified clients were contacted and
checked and the Finance Department reviewed the bidders' financial records. It was
determined that the proposal from PSI International of Fairfax, Virginia was the lowest and
most responsive bid.
Components of the system include: 1) Computer Aided Dispatch with integrated
mapping; 2) Records management systems including: a} Case management; b) Crime
analysis; c} Management reporting; d) Personnel tracking; and e) Traffic Management; 3}
Field reporting on pen-based computers; 4) City-standard office automation; 5) Local and
~.....;) wide area networking; 6) Document imaging; 7) Automatic parking tickets; 8) Interfaces to
911, NCIC/FCIC, Pinellas County Sheriff's Office, Pinellas County Justice Information
System, and all City Departments; and 9) Automatic Vehicle Location system (AVL). The
proposed system will: 1) provide the Police Department with systematic, real time retrieval
capability for information necessary for efficient and effective operation; 2} eliminate
redundance of data elements. data files. data entry and paper reports; 3) improve
coordinated efforts of units within the Police Department including satellite offices; 4}
satisfy electronically the State-mandated automated reporting requirements of the Uniform
Crime Reports; and 5) provide for long term growth. development and maintenance as
department needs dictate.
PSI's proposal includes: 1) on-site training courses for Police Department staff far
the computer-aided dispatch system. records management system. field accident and
incident reporting, automated parking ticket system, case management and crime analysis
systems. The proposal also includes training for computer systems support staff and
network managers. The dramatic reduction in the department's dependence on paper
reports is expected to result in a consolidation of duties and potentially a reduction in
assigned staff. After system implementation. the Human Resources Department will
conduct a job audit to identify needed changes.
The contract with PSI will include hardware and software maintenance agreements
at an annual cost of $262,134. Maintenance costs are contractually fixed for a five year
period. The contract does not include internal cabling and related hardware in the new
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Police Headquarters building which will be part of the building project. Otherwise, this is a
complete. turn-key system with nothing remaining to bo purchased or supplied by the City.
Cost of the Hardware and Software and Services totals $3,335.000. The Fiscal
Year 1994/95 budget impact is estimated at $49,720. Future years budget impact.
estimated at $1,066,860. includos maintenance. The mid year review will provide an
amendment to the project budget to an estimated cost of $3,335,000 for the cost of both
hardware and software. Funding for the debt service costs in FY 1994/95 of $49,720 is
available through the Police Department's current operating budget. Funding for future
debt service costs and maintenance contracts will be included in the FY 1995/96 through
FY 1 999/00 proposed annual operating budgets.
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Deputy Chief Williams said benefits of the new police computer system include: 1)
improved utilization of personnel resources; 2) more efficient response to Police calts for
service; 3) improved customer service to the public and other City officials; 4) reduced
dependence on paper reports; 5) elimination of duplicate data entry and duplicate data
storage; 6) improved officer safety; 7} faster and more efficient information sharing with
other law enforcement agencies. City departments and substations; 8) integrated mapping;
9) faster and more reliable management reporting information; 1 Q} more efficient handling
of parking tickets with increase revenues; 11 ~ increase efficiency of Police Officers in the
field; 12) improved follow-up to criminal cases by detectives; 13) moves the department
from obsolete and failing systems to open architecture systems that will grow with the
City; and 14) automate areas that have never been automated: a) uniform crime reports
(UCR); b) case cost recovery; c} parking enforcement; d) department personnel database;
e} property management and inventory; and f) traffic management.
Commissioner Thomas said the number one rated issue in the community
consensus report was public safety. He said the proposed system represents a quantum
leap for the department. Once the new Police Department building is completed. he said
Clearwater will have the best tools in the country. He liked the system's ability to
constantly track all police vehicles. Commissioner Thomas was impressed with the
system's safety features and how it will dramatically reduce paperwork. He said he was
proud of all City staff involved.
Commissioner Johnson said he was impressed with all he has read and heard about
the system. He noted Clearwater's Police Department will be in the forefront in the State.
He strongly recommended moving forward.
Mayor Garvey questioned how the new system will be interfaced. Deputy Chief
Williams said the timing of the system is on target with moving into the new building.
Setting up the system in the new building will save costs in the end.
Commissioner Berfield questioned when accident reports would be available to the
public. Deputy Chief Williams said the reports will be available as soon as they are
completed and downloaded at a substation. Commissioner Berfield questioned if the
equipment will be obsolete at the end of the five-year lease purchase. Deputy Chief
Williams said it would not be obsolete. He indicated the system has the flexibility to be
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enhanced, despite which vendor is used. He noted the maintenance agreement includes all
necessary upgrades.
Commissioner Thomas moved to award a contract to PSI International, Inc. of
Fairfax. Virginia for a police computer system and system integration services at a not-to-
exceed cost of $3,335,000 being the lowest and most responsive bid in accordance with
specifications of RFP #210-94 and authorize a five~year lease purchase through Barnett
Banks and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #35 - AODointment of members to the Neiahborhood and Affordable Housina
Advisorv Soard (NAHAS) (ED)
The Florida State Housing Incentive Partnership (SHIP) Program requires the City to
establish an Affordable Housing Advisory Committee to review and monitor the annual
Local Housing Assistance Plan and the Affordable Housing Incentive Plan. The US
Department of Housing and Urban Development (HUD) further requires the City to adopt a
Citizen Participation Plan as part of the Consolidated Plan to address local housing,
community and economic development needs.
'.:!\~j
The proposed membership of this new Neighborhood and Affordable Housing
Advisory Board (NAHAS) meets the requirement of both federal and state mandates. The
NAHAB will be an integral part of the City's effort to inform citizens and to solicit their
participation in these programs. On April 20, 1995. the City Commission adopted
Ordinance #5770-95 to dissolve the Affordable Housing Committee and Neighborhood
Advisory Committee and create the NAHAB.
Commissioner Berfield moved to appoint Shirley Hill Moran to a four-year term as
provider of affordable housing. The motion was duly seconded
Commissioner Thomas questioned if names from another group could be substituted
for this position. Economic Development Director Alan Ferri said, according to State
legislation. the appointee's should be an advocate of the category they represent.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas moved to appoint Reverend William C. Graham to a four-year
term as advocate for low income persons. The motion was duly seconded and carried
unanimously.
Commissioner Johnson moved to appoint Darrell Collins for a two-year term as
representative of the South Greenwood area. There was no second.
Commissioner Berfield moved to appoint Milly Joplin for a two-year term as
representative of the South Greenwood area. The motion was duly seconded.
Commissioners Berfield and Thomas voted "Aye"; Commissioner Johnson and Mayor
Garvey voted "Nay." Motion failed.
"-)
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Commissioner Johnson moved to appoint Darrell Collins for a two~year term as
representative of the South Greenwood area. There was no second.
Commissioner Berfield moved to appoint George Konstantinidis for a three-year term
as representative of the residential building industry. The motion was duly seconded and
carried unanimously.
Commissioner Berfield moved to appoint Mayme W. Hodges for a two-year term as
representative of the North Greenwood area. The motion was duly seconded and carried
unanimously.
Commissioner Berfield moved to appoint Ruth Hunter for a four-year term as
representative of the banking or mortgage industry. The motion was duly seconded and
carried unanimously.
Commissioner Berfield moved to appoint Howard G. Groth for a two-year term as
representative of the East Clearwater area. The motion was duly seconded and carried
unanimously.
Commissioner Serfield moved to appoint William Turner, Sr. for a three-year term as
a representative for labor in home building. The motion was duly seconded and carried
unanim ously.
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Commissioner Thomas moved to appoint Bertha M. Kelley for a three-year term as
representative of the real estate profession. The motion was duly seconded and carried
unanimously.
Commissioner Thomas moved to appoint Milly Joplin for a two-year term as
representative of the South Greenwood area. The motion was duly seconded.
Commissioners Barfield, Thomas and Johnson voted "Aye"; Mayor Garvey voted "Nay."
Motion carried.
ITEM #36 - Aoprove Union Contract - FOP Suoervisors (Civi)
The most recent collective bargaining agreement between the City and the Fraternal
Order of Police (FOP) Supervisors' Unit expired on September 30. 1994. That agreement
was a three-year agreement.
Since May 20, 1994, City management staff and representatives of the FOP
Supervisors' Unit have been meeting to negotiate a new contract. As the parties were
unable to negotiate a new contract prior to October 1, 1994, provisions of the expired
contract were continued as the parties proceeded to negotiate. The negotiating process
was completed when the parties came to a tentative agreement for a new three-year
contract on Friday, April 28, 1995. That proposed contract will cover Fiscal Years
1994/95, 1995/96and 1996/97.
. -.,,/
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'-" The FOP Supervisors' Unit submitted the proposed agreement to its membership
who ratified the agreement by majority vote.
Major provisions of tha contract proposal for the FOP Supervisors' Unit include: 1) a
4% one-time payment for current active full-time or permanent part-time employees as of
the date of approval of the agreement. (This payment will not increase base salary.) The
4% one-time payment does not apply to full-time and part-time seasonal, emergency,
temporary, or contractual employees nor does it apply to inactive employees, such as
those using vacation or sick times toward retirement; 3) a 3 % economic base pay
adjustment effective October 1, 1995; 3) a 3% economic base pay adjustment effective
October 1, 1996; 4) reduction in sick leave accrual rates for all bargaining unit members.
specifically to 14 days accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12
days' accrual for FY 1996/97. (Current accrual rate is 15 days.); 5) establishment of sick
leave cap for new hires between date of approval of this agreement and September 30,
1994 of 1,560 hours and for all new hires as of October 1, 1995 of 1,214 hours. (The
maximum accrual for employees hired prior to October 1. 1990 is 2,400 hours and for
employees hired between October 1, 1990 and October 1, 1994 is 2,080 hours.); 6)
creation of a sick leave pool available to bargaining unit members who exhaust their own
sick leave and are faced with a catastrophic illness or injury (pool to be funded by
donations of vacation leave by bargaining unit members); 7) elimination of restriction of
sick leave hours available to immediate family members; 8) extension of residency area for
bargaining unit members to Pasco County (previously restricted to Pinellas County); and 9)
an additional 2.5% step in step progression plan for both Sergeants and Lieutenants
(changing from one, four-year longevity step to two. two-year longevity steps).
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''",r'" , The City and Union have agreed to take changes to the Pension Plan to referendum.
Funding of approximately $350,000 is available in the General Fund non-departmental
program to fund a portion of the General Fund increase. The balance of funding will be
provided by third~quarter budget amendments appropriating funding from the
unappropriated reserves of the General Fund and related Enterprise and Internal Service
Funds.
Commissioner Thomas said he had no problem with the pay increase and thought
changes to the disability issue were good. He expressed concern that the number of
permitted sick days is not in line with the rest of City staff. He said the accrual rate was
to be limited to six months. Commissioner Thomas fait the leave pool should not permit
staff to trade vacation time for sick leave.
Deputy City Manager Kathy Rice said the CWA contract is the same. She indicated
the number of sick leave days was limited for department and division heads. Ms. Rice
noted staff only can accrue vacation leave during the five years prior to retirement. Tha
use of vacation pay for the leave pool benefits the City. The Mayor noted the Commission
allowed these negotiations to be brought to the table.
Commissioner Johnson moved to approve the collective bargaining agreement as
negotiated with the Fraternal Order of Police Supervisors' Unit for Fiscal Years 1994/95.
1995/96 and 1996/97. The motion was duly seconded.
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..-... Commissioner Thomas said he opposed the contract due to the sick leave policy not
being in line with other City staff but would vote in favor to provide a unanimous vote on
this issue.
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Upon the vote being taken, the motion carried unanimously.
ITEM #37 - Aoorove Union Contract - FOP #1 0 (eM)
The most recent collective bargaining agreement between the City and the Fraternal
Order of Police, Lodge 10 {FOP 10} expired September 30,1994. That agreement was a
three-year agreement.
Since April 28, 1994, City management staff and representatives of the FOP 10
have been meeting to negotiate a new contract. As the parties were unable to negotiate a
new contract prior to October 1. 1994. provisions of the expired contract were continued
as the parties proceeded to negotiate. The negotiating process was completed when the
parties came to a tentative agreement for a new three-year contract on Friday, April 28,
1995. That proposed contract will cover Fiscal Years 1994/95. 1995/96 and 1996/97.
The FOP 1 0 submitted the proposed agreement to its membership who ratified the
agreement by majority vote.
Major provisions of the contract proposal for the FOP 10 include: 1) a 4% one-time
payment for current active full-time or permanent part-time employees as of the date of
approval of the agreement. (Payment will not increase base salary.) The 4% one-time
payment does not apply to full-time and part-time seasonal, emergency, temporary, or
contractual employees nor does it apply to inactive employees, such as those using
vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective
October 1, 1995; 3) a 3% economic base pay adjustment effective October 1. 1996; 4)
reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days
accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12 days' accrual for FY
1996/97. (Current accrual rate is 15 days.); 5) establishment of a sick leave cap for new
hires between data of a~proval of this agreement and September 30, 1994 of 1.560 hours
and for all new hires as of October 1. 1995 of 1,214 hours. (The maximum accrual for
employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between
October 1, 1990 and October 1, 1994 is 2,080 hours.); 6} creation of a sick leave pool
available to bargaining unit members who exhaust their own sick leave and are faced with
a catastrophic illness or injury (pool to be funded by donations of vacation leave by
bargaining unit members); 7} elimination of restriction of sick leave hours available to
immediate family members; 8) extension of residency area for bargaining unit members to
Pasco County (previously restricted to Pinellas County); and 9~ an additional 2.5% step in
the step progression plan placed at the equivalent of the thirteenth year of the normal step
progression.
The City and Union have agreed to take changes to the Pension Plan to referendum.
Funding of approximately $350.000 is available in the General Fund non-departmental
program to fund a portion of the General Fund increase. The balance of funding will be
provided by third-quarter budget amendments appropriating funding from the
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...-..., unappropriated reserves of the General Fund and related Enterprise and Internal Service
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Commissioner Thomas said he had the same arguments about this contract as he
voiced under Item #36.
Commissioner Johnson moved to approve the collective bargaining agreement as
negotiated with the Fraternal Order of Police, Lodge 10 for Fiscal Years 1994/95. 1995/96
and 1996/97. The motion was duly seconded and carried unanimously.
ITEM #38 - Accq;>ve Union Contract - IAFF (eM)
The most recent collective bargaining agreement between the City and the
International Association of Firefighters (IAFF) expired on September 30, 1994. That
agreement was a three-year agreement.
Since April 25, 1994, City management staff and representatives of the IAFF have
been meeting to negotiate a new contract. As the parties were unable to negotiate a new
contract prior to October 1, 1994, provisions of the expired contract were continued as the
parties proceeded to negotiate. The negotiating process was completed when the parties
came to a tentative agreement for a new three-year contract on Friday, April 28, 1995.
That proposed contract will cover Fiscal Years 1994/95, 1995/96 and 1996/97.
The IAFF submitted the proposed agreement to its membership who ratified the
agreement by majority vote.
Major provisions of the contract proposal for the IAFF include: 1} a 4% one-time
payment for current active full-time or permanent part-time employees as of date of
approval of the agreement. (Payment will not increase base salary.) The 4% one~time
payment does not apply to full-time and part.time seasonal, emergency, temporary, or
contractual employees nor does it apply to inactive employees, such as those using
vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective
October 1, 1995; 3) a 3% economic base pay adjustment effective October 1, 1996; 4}
reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days
accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12 days' accrual for FY
1996/97. (Current accrual rate is 15 days.); 5) establishment of sick leave cap for new
hires between date of approval of this agreement and September 30. 1994 of 1.560 hours
and for all new hires as of October 1, 1995 of 1,214 hours. (Maximum accrual for
employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between
October 1, 1990 and October 1, 1994 is 2.080 hours.); 6) creation of sick leave pool
available to bargaining unit members who exhaust their own sick leave and are faced with
a catastrophic illness or injury (pool to be funded by donations of vacation leave by
bargaining unit members); 7) elimination of restriction of sick leave hours available to
immediate family members; 8) increase in laundry stipend to $475 for FY 1995/96 and to
$550 for FY 1996/97 (an increase of $75 each in the second and third years of the
contract); 9) an additional 2.5% step in the step progression plan placed at the equivalent
of the thirteenth year of the normal step progression; and 10) employee may choose to
cash in unused floating holidays and be paid at rate of 16.8 hours for each day (an
increase from current rate of 11.2 hours per day).
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The City 'and Union have agreed to take changes to the Pension Plan to referendum.
Funding of approximately $350,000 is available in the General Fund non.departmental
program to fund a portion of the General Fund increase. The balance of funding will be
provided by third.quarter budget amendments appropriating funding from the
unappropriated reserves of the General Fund and related Enterprise and Internal Service
Funds.
Ms. Rice noted differences between the Police and Firefighters contracts, include an
increased laundry stipend and a change in cashing in unused floating holidays.
Commissioner Berfield moved to approve the collective bargaining agreement as
negotiated with the International Association of Firefighters for Fiscal Years 1994/95,
1995/96 and 1996/97. The motion was duly seconded.
Commissioner Thomas said he had the same arguments about this contract as he
voiced under Items #36 and #37.
Upon the vote being taken, the motion carried unanimously.
ITEM #39 - Other Pendinq Matters
a} Chamber of Commerce Property
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The Chamber of Commerce has requested the Commission again consider
purchasing the Chamber property. Commencement of their building's renovation is being
delayed to determine the newly-constituted Commission's thoughts regarding the
purchase. In his May 9, 1995 memorandum, Assistant City Manager William Baker noted
all property appraisals qualify the values as valid only if no reverter clause is associated
with the property. The current reverter clause is a significant consideration and renders
the property valueless. The property may not be sold to anyone without City consent to
remove the encumbrance. Staff recommends taking advantage of this opportunity to
regain ownership and offer the Chamber $250,000 for the property.
In her May 17, 1995 memorandum, Chamber of Commerce Chair Ann Wilkins
indicated a recent appraisal valued the property at $445,000. She noted the Chamber has
paid taxes on the property for more than 30 years and spent significant amounts of the
business community's money to help improve the City. Currently, she said the Chamber
spends more than $1.million per year on Clearwater. She indicated a $250,000 offer
would be unacceptable because the Cham ber could not afford to move for that amount.
She said if the City Commission cannot reach a number significantly closer to $425,000.
the Chamber will move forward with the building's remodeling.
Commissioner Thomas noted the City originally gave the land and money to
construct the building to the Chamber and expressed concern the Chamber now wants to
sell it to the City for approximately $425.000.
Commissioner Thomas moved to offer the Chamber of Commerce $250.000 for the
property and building at 128 S. Osceola Avenue with an acceptance or rejection of the
offer within 30 days. The motion was duly seconded.
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Commissioner Johnson noted the Chamber had already turned down a similar City
offer. Commissioner Thomas noted this was an offer for ucash on the table."
Upon the vote being taken, the motion carried unanimously.
CITY ATTORNEY REPORTS
ITEM #40 - First Readino Ordinances
a) Ord. #5840~95 - amending Ord. #5815-95, Sec. 2, powers of the Agency and City
Commission (re Enterprise Zone Development Agency - EZDA)
The City Attorney presented Ordinance #5840-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5840~95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
ITEM #41 - Resolutions
a) Res. #95-40 - Demolition lien - 402 Railroad Ave., Hart's Addition to Clearwater, Blk. 2,
part of Lot 9 (Bryant Estate)
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The City Attorney presented Resolution #95-40 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-40 a'nd authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield. Thomas, Johnson and Garvey.
"Nays": None.
b) Res. #95-41 - Demolition lien - 610 McLennan St., Belleview Ct., Blk. B. Lot 10 (MLA.
Inc.)
The City Attorney presented Resolution #95-41 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #95-41 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Berfield. Thomas, Johnson and Garvey.
"Naystt: None.
c) Res. #95-43 - Demolition lien - 506 Cedar St., J.J. Eldridge Sub., Blk. C. part of Lot 32
(McLeod)
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The City Attorney presented Resolution 1195-43 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-43 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
d) Res. #95-46 - Demolition lien - 1910 Over brook Ave.. Sunset Point 2nd Addition. Blk.
G. Lot 63 (Cadwell, Trustee)
The City Attorney presented Resolution 1195-46 and read it by title only.
Commissioner Barfield moved to pass and adopt Resolution #95-46 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas, Johnson and Garvey.
"Nays": None.
e) Res. #95-47 - Assessing property owners the costs of mowing or clearing owners' lots
The City Attorney presented Resolution #95-47 and read it by title only.
t{;';'~ Commissioner Berfield moved to pass and adopt Resolution #95-47 and authorize the
,S{;, appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Berfield, Thomas. Johnson and Garvey.
"Nays": None.
lTEM #42 ~ Other City Attorney Items
Attorney/Client Session
The City Attorney requested an attorney/client session regarding Church of
Scientology Flag Service Organizations, Inc. versus the City be scheduled for May 30,
1995 at 9:00 a.m. Consensus was to so schedule.
legal Department Staffing Plan
The City Attorney said she will discuss her staffing plan at the May 30, 1995 Work
Session.
ITEM #43 - City Manager Verbal Reoorts
FOP Memorial Service
u
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-.... The City Manager announced the 14th Annual Fraternal Order of Police and
Clearwater Police Department memorial service will be held on May 19. 1995, at 10:00
a.m. in Coachman Park. Commission members were invited to attend the ceremony.
Proposal regarding downtown music venue
City Manager Elizabeth Deptula reported she met with Sal Belloise who discussed
establishing a music venue and restaurant downtown. He wanted to arrange a long term
lease agreement for eight or nine spaces in the small parking lot on Watterson. north of
Cleveland Street. Ms. Deptula noted the parking lot is not heavily used and averages only
$648 in annual revenues. The parking lot property is appraised at $227,000.
Commissioner Thomas requested additional detail and asked that a discussion of this issue
be scheduled during a Work Session.
Staff support of Downtown Development Board
The City Manager reported that Elise Winters of the Downtown Development Board
(DDB) had indicated the DDS was unable to arrange for volunteer help to provide their own
bookkeeping services. Ms. Deptula noted the Commission had directed City staff to no
longer support the DDS after June 1 f 1995. She had recommended the DDB approach the
Chamber of Commerce for help. Ms. Winters requested the City reconsider their direction
and offered to pay for the service. Ms. Deptula said DDS's account requires approximately
two hours of staff time a month and noted the City charges the CRA for similar services.
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Commissioner Thomas said the Commission wanted the DDS to become
independent.
Commissioner Johnson noted the DDS was originally approved by the Commission
and recommended the City provide support. He agreed the DDS should be charged for
staff time. The Mayor said it would be reasonable for the DDB to pay for this service if
staff can handle the request.
Commissioner Berfield questioned why the DDS was unable to find volunteer help.
The City Manager said the DDB handles taxpayers' money and wanted to be responsive to
that issue. They felt the City offers accountability. Ms. Deptula said special checks could
be printed that indicate the DDS is an agency separate from the City.
Commissioner Berfield said the City has gone overboard in working with the DDS.
She pointed out that the Commission had given them a month to get their affairs in order.
She noted the DDS has a banker on their board and felt the board can handle this
responsibility. She recommended extending the present arrangement for one month.
Commissioner Thomas agreed the DDB should become independent of the City.
The majority agreed staff should provide the DDS with 30 more days of support
after which time the DDS is to become independent of the City.
City Manager absence
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,..........., The City Manager announced she would be attending a seminar in Canada regarding
tourist destinations next week.
ITEM #44 - Commission Discussion Items
City Attorney Pam Akin reported no City Commission rules address the replacement
of Commissioner Dallman, who resigned. According to the City Charter, the City
Commission should appoint a new Commissioner within 30 days. If one is not appointed
within 60 days, a special election needs to be held. Ms. Akin reported a special election is
already scheduled for October. She recommended the following based on Robert's Rules
of Order: The Commission should establish the date at which the nominations will be
taken and the vote held and establish any requirements it has of the nominees. At the
time established: 1) The Chair will open nominations; 2) No second is required for
nominations; the Chair may also nominate; 3) No person may submit a second nomination
until each person desiring to nominate has done so; 4) Nominations will be closed by the
Chair when the Commissioners have concluded the nominations; 5) Each nominee will be
voted on in the order nominated; and 6) Voting will cease when a nominee receives at
least three positive votes. No tie breaking mechanism presently exists, Ms. Akin indicated
the Commission could adopt one beforB establishing a process.
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Commissioner 8erfield questioned if the City Commission is obligated to attempt to
appoint a replacement. The City Attorney said according to the Charter. they are. The
Mayor felt it would be a disservice to Clearwater's citizens if the Commission opts out of
the process. 'Commissioner Johnson agreed the Commission has the responsibility to
appoint a qualified individual and indicated he was ready to make that appointment tonight.
Commissioner Berfield said she was not ready to make a decision tonight.
Commissioner Fitzgerald nominated former Commissioner Richard Fitzgerald to
provide the Commission with continuity.
Commissioner Thomas nominated his mother-in-law.
Commissioner Berfield reiterated that she was not prepared to make a decision now.
The City Attorney said, according to the recommended procedure, the Mayor is responsible
for closing the nominations. According to Commission rules, the Mayor cannot actively
nominate nor second a nomination. Commissioner Berfield recommended agreeing on a
procedure and deciding minimum qualifications before accepting nominations. The Mayor
questioned if she had to close nominations tonight. The City Attorney indicated that action
can be postponed.
Commissioner Thomas moved to accept the City Attorney's proposed procedures
and to schedule nominations and a vote for June 15, 1995. The motion was duly
seconded.
The Mayor disagreed and said the nominations should be made before that date.
Upon the vote being taken, Commissioners Barfield and Thomas voted i'Aye";
Commissioner Johnson and Mayor Garvey voted "Nay," Motion failed.
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...-.... Commissioner Johnson questioned jf his nomination of former Commissioner
Fitzgerald was out of order. The City Attorney recommended the Commission establish a
specific time to accept nominations. The Mayor expressed concerns regarding voting on
the same day nominations are accepted and felt it would be better to review nominations
before the day of the vote. The City Attorney said the Commission can establish the
procedure and schedule separate dates for the two actions.
Commissioner Johnson suggested a quick decision should be made for the sake of
the City and the voters. The Mayor noted if an agreement is not reached an June 1 5.
1995, a special meeting will need to be scheduled. Commissioner Johnson said he was
disappointed the Commission could not reach a decision on this matter tonight.
Commissioner Thomas proposed nominating a candidate by motion, having it
seconded and then voting on the motion. Commissioner Johnson questioned if the
nomination must be seconded. The City Attorney said what Commissioner Thomas is
proposing has been the procedure previously used by the Commission. She indicated she
could draft a rule and bring it back to the Commission for approval. Commissioner
Johnson questioned if a vote could be taken tonight. The City Attorney said the
Commission needs to agree on a procedure.
Commissioner Johnson moved to appoint Richard Fitzgerald to the Commission seat
vacated by Michael R. Dallmann, until an election for the seat is held at the special election
in October. There was no second.
C~'~} The Mayor recommended each Commissioner submit a list of names. Commissioner
Thomas suggested adapting the rules recommended by the City Attorney. setting the vote
for June 15, 1995. The Mayor recommended scheduling a meeting before June 15. 1995.
A special meeting to address the nomination and election of a replacement for
Commissioner Dallmann was scheduled for June 13, 1995 at 6:00 p.m. in Chambers.
Commissioner Berfield questioned if closure is not reached at the June 13, 1995
meeting, can the process be continued to the June 15, 1995 meeting. The City Attorney
indicated the discussion could be postponed. Commissioner Thomas questioned if now
candidates could be nominated if the matter is postponed. The City Attorney said the
process could be reopened.
Commissioner Thomas felt the public should choose the replacement and said he
preferred going to special election. Commissioner Berfield questioned if the special election
in October could be rescheduled for an earlier date. Ms. Rice indicated the Supervisor of
Election requires 16 weeks' notice. The City Attorney indicated staff cannot move sooner
on ballot questions scheduled for that election.
The City Attorney said a notice of the special rule of order was needed for filling the
vacancy. She indicated she would fax Commissioners a copy of the rule when it is
drafted.
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The Mayor questioned if she would be allowed to make nominations. Commissioner
Thomas suggested she can submit names. Commissioner Johnson Questioned if the Mayor
can step down to make a motion. The City Attorney said she could if the rule is
suspended at the meeting by a two-thirds vote.
In response to a question, the City Attorney said the nomination will be voted on in
the order they are presented.
ITEM #45 ~ Other Commission Action
Commissioner Thomas reported he will be unable to attend the June 1, 1 995
meeting.
Commissioner Berfield referred to the Seminole boat ramp and questioned if the j'no
wake" zone had been extended. Staff will address.
Commissioner Berfield referred to a letter she received at home from former staff
member Mik~ Roy regarding C~View 35. The City Manager indicated a response is being
prepared.
Mavor Garvey requested staff input regarding the St. Vincent de Paul Soup Kitchen
scheduled for discussion at the May 30, 1995 Work Session.
~;);
A special meeting was scheduled for June 5, 1995 at 7:00 p.m. in Chambers to
address the beach and tourism issues.
ITEM #46 - Adjournment
The meeting adjourned at 11 :03 p.m.
ATTEST: () .~ ~~ JL.. ~o.
U City Clerk
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