07/20/1995 (2)
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COMMISSION
'City Commission'Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, July 20, 1995 ~ 6:00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1. Invocation
2. Pledge of Allegiance
1. William C. Baker, Assistant City Manager.
2. Mayor.
Oath of Office administered to William Justice
Oath Administered.
3. Service Awards 3. 1 award presented; Employee of the Month
4. Introductions and Awards 7/95 - Wayne Tiggett, Fire Department.
5. Presentations 4. None.
a) Clearwater Housing Authority - Annual 5. Report received. $22,550.78 check in lieu
Report - Howard Groth of taxes presented.
6. Approval of Minutes ~ Regular Meeting 6. Approved as submitted.
6/15/95 & Special Meetings 5/30/95 (CIP), 7. Norman Gross, Melvin Esterhoff. Frances
6/5/95 (Beach Redevelopment Issues), & Duke-Dubois & Carol Rubin spoke in
6/12/95 (strategic planning) opposition to anti-semitic programming on
~"~"') 7. Citizens to be heard re items not on the public access TV.
--.,..." Agenda {maximum of 30 minutes} Pat Wilson stated there has been dramatic
improvement in the area of the soup
kitchen.
Tom Selhorst complained re the cost to
start a business and parking requirements.
PUBLIC HEARINGS
All individuals speaking on public IIt~tHli1g items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case. Witness may be cross-examined (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 3044 Eastland Blvd., Imperial
Oaks Condo (Imperial Oaks Condo Assoc.,
SV95-29)
8. Approved area variances for 2 entrance
signs of 15.2 sq.ft. & 13.3 sq. ft. to allow
signs of 39.2 sq.ft. & 37.3 sq.ft.
""'/7/20/95
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10.
Variance(s) to Sign Regulations for property
located at 1685 Gulf to Bay Blvd., Gulf to
Bay Shopping Center, Lots 3 & 4 (Bruno,
SV95-30)
Variance's) to Sign Regulations for property
located at 1801 Sunset Point Rd., Pinellas
Groves, SW 1/4, part of Lot 8 (E~Z Serve
Petroleum Marketing / Wellford Corp. 1
Majik Market #365-08, SV95-32)
Variance(s} to Sign Regulations for property
located at 387 1/2 Mandalay Ave.,
Barbour-Morrow Sub., Blk A, Lots 23~25
(Homer Realty, Inc. I Wedgwood House
Estate Jewelers, SV95-311 To be Cant. to
8/17/95
(Cont. from 5/4/95) Public Hearing & First
Reading Ords. #5741-95& #5742-95-
land Use Plan Amendment to Commercial
General for property located at 509
Bayview Ave. and 508 Meadow Lark Lane,
Town of Say View alkla McMullen Bayview
Sub., Blk 3. part of Lots 1 & 2, and S 1/2
of vacated street abutting N side of lots;
and CPO Zoning for property located at 509
Bayview Ave., 508 Meadow Lark Lane, and
3009 Gulf to Bay Blvd., McMullen Bayview
Sub., Blk 3, part of Lots 1 & 2 and Bayview
City Sub., lot A, and vacated street r-o-w
between Lot A and Lots 1 & 2 of McMullen
Bayview Sub. (R. Roy Meador, LUP93-43,
Z93-54) To be Cont. due to PZ continuance
to 8/3/95
Public Hearing ~ land Use Plan Amendment
to Institutional & MPD Zoning for property
located at 1221 & 1256 Bay Ave., 323 &
325 Pine lias St., and 1225 Reynolds Ave..
Westover Sub., Slk B, Lots 1, 2 & 17, C.
Perry Snell's Bluff View Ct., Lots 22-24,
and S. J. Reynolds Sub., Lot 8 (Morton
Plant Hospital Association and Evmorphia
M. Kralis, 295-02, LUP95-13) To be Cant.
due to PZ continuance
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9. Denied 1 5 sq. ft. area variance request to
allow a freestanding sign with an area of
165 sq.ft.
10. Approved 16 sq.ft. area variance to allow
attached signs oriented to Sunset Point
Road with an area of 64 sq.ft.
11. Continued to 8/17/95.
12. Continued to 8/17/95.
13. Continued.
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).
'--/7/20/95
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Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
14.
Public Hearing - Vacating r-Q8W portion of
80' drainage, utility and r-o-w easement
lying between McMullen Booth Rd. &
Landmark Dr. contiguous to North side of
Chi Chi Rodriguez Golf Course & '
Countryside Soccer Field (McCullough
Development Corp. 1 Eagles Glen Condo
Assoc. , V95808) (EN)
Public Hearing & First Readings Ords.
#5832-95, #5833-95 & #5834895 -
Annexation, Land Use Plan Amendment to
ResidentIal Low & RS-6 Zoning for property
located at 2965 Sunset Point Rd.. Sec. 5-
29-16, M&B 14.17, 1.02 acres m.o./.
(McMullen, A95-07, LUP95-08}
Public Hearing & First Reading Ords.
#5861 -95, #5862.95 & #5863-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1528 Stevensons Dr.,
Stevenson's Heights, Blk A, Lot 20 (Rowe,
A9 5-1 2, LUP95-14)
Public Hearing & First Reading Ords.
#5864896, #6866.95 & #5866-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1 31 7 Woodbine St., Pine Ridge
Sub., Blk C, Lot 5 (New Zion Missionary
Baptist Church, A95-13, lUP95-15)
Public Hearing - City of Clearwater's FY
1995.96 Consolidated Plan (ED)
(Cont. from 6/15/95) Public Hearing & First
Reading Ord. #5841-95 - Amending Ch. 29,
relating to occupational licenses; (ra tax
structure and appendix A, Fees, Rates &
Charges)
Public Hearing & First Reading Ord. #5860-
95 - Amending Div. 18 of Ch. 40-
providing for revised requirements for the
North Greenwood Commercial District;
Amending Sec. 41.053 to address
conditional use supplementary standards for
2 conditional uses in the district (LDCA 95-
11)
15.
16.
17.
18.
19.
20.
14.
Denied.
15.
Approved. Ords. #5832.95, #5833-95 &
#5834-95 passed 1 st reading.
16.
Approved. Ords. #5861-95, #5862-95 &
#5863-95 passed 1 st reading.
17.
Approved. Ords. #5864-95, #5865-95 &
#5866-95 passed 1 st reading.
18.
Approved plan and Subgrantee Contract
Form.
Approved. Ord. #5841-95 passed 1 st
reading.
19.
20.
Approved. Ord. #5860-95 passed 1 st
reading.
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~ Public Hearing - Second Reading Ordinances
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21. (Cont. from 6/15/95) Ord. #5818~95. 21. Ord. #5818-95 adopted as amended.
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 (Maxwell, V94~ 15)
22. Ord. #5821-95 - LDCA ra Outdoor Cafes 22. Ord. #5821-95 adopted.
and Sidewalk Vendors (LDCA94-13)
23. Ord. #5842-95 - Annexation for property 23. Ord. #5842-95 adopted.
located at 1456 Carolyn Lane, Terra~Alto
Estates, Lot 10 & abutting r-o-w (Gimarey,
A95-08l
24. Ord. #5843-95 - land Use Plan Amendment 24. Ord. #5843-95 adopted.
to Residential Low for property located at
1456 Carolyn Lane, Terra-Alto Estates, lot
10 & abutting r-o-w (Gimarey, LUP95-09)
25. Ord. #5844-95 - RS-8 Zoning for property 25. Ord. #5844-95 adopted.
located at 1456 Carolyn Lane, Terra-Alto
Estates, Lot 10& abutting r-o-w (Gimarey,
AS5-0S)
26. Ord. #5845-95 - Annexation for property 26. Ord. #5845-95 adopted.
r"J') located at 1524 Stevenson Dr.,
"1:';1.', Stevenson's Heights, Blk A, Lot 21 (McGee,
AS5-10)
27. Ord. #5846-95 - Land Use Plan Amendment 27. Ord. #5846-95 adopted.
to Residential Low for property located at
1524 Stevenson Dr., Stevenson's Heights,
Blk A, lot 21 IMcGee, LUP95-11) -
28. Ord. #5847-95 - RS-8 7nll!ng for property nn Ora. #584)-95 adopted.
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located at 1524 Stevenson Dr.,
Stevenson's Heights, Blk A, Lot 21 (McGee,
A95-10)
29. Ord. #5848-95 - Annexation for property 29. Ord. #5848-95 adopted.
located at 1761 St. Anthony Dr.; Virginia
Grove Terrace, Fifth Add., Blk C, Lot 4
(Boike, A95-11 )
30. Ord. #5849-95 - land Use Plan Amendment 30. Ord. #5849-95 adopted.
to Residential Urban for property located at
1761 St. Anthony Dr., Virginia Grove
Terrace, Fifth Add., Blk C, Lot 4 (Boike,
LUP95-12)
31. Ord. #5850-95 - RS-8 Zoning for property 31. Ord. #5850-95 adopted.
located at 1761 St. Anthony Dr., Virginia
Grove Terrace, Fifth Add., Blk C, Lot 4
(Boike, A95-11)
.-./ 7/20/95 4
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located at 1785 Pineland Dr., Sec. 3-29-15
M&B 43.02 (Williams, A95-09)
33. Ord. #5852-95 - Land Use Plan Amendment
to Residential Urban for property located at
1785 Pineland Dr., Sec. 3-29-15 M&B
43.02 (Williams, LUP95-'0)
34. Ord. #5853-95 - RS-8 Zoning for property
located at 1785 Pineland Dr., Sec. 3-29-15
M&B 43.02 (Williams, A95-0S)
35. Ord. #5858-95 - repealing Ord. #3479-84,
concerning solicitation for charitable
purposes as codified in Sees. 23.61-23.90,
Art. III, Ch. 23
36. Ord. #5859-95 - Vacating portion of 10'
E/W alley lying in Blk 8, Pine Crest Sub.,
subject to it being retained full width as a
drainage & utility easement (Littles, V95-
06)
37. - Special Items of widespread public interest - None.
32. Ord. #5851-95 adopted.
33. Ord. #5852-95 adopted.
34. Ord. #5853-95 adopted.
35. Ord. #5858-95 adopted.
36. Ord. #5859-95 adopted.
38. - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
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CONSENT AGENDA (Items #39-56) - Approved as submitted less #52.
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 rfi~""1 Ic:cian and voting on the item individually.
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39. Contract for travel services to Bowen-Kepple Travel Service, Clearwater, FL, for the period
7/21/95-4/18/97, at an est. $80,000 annually; authorize payment through the American Express
Company (FN)
40. Contract for installation of polyethylene gas main on US19, from Pinellas/Pasco County Line to
SR54, to Burnip & Sims Telecom, Inc., Tampa, FL, at an est. $378,895.60 (GAS)
41. Purchase of various sizes of steel gas pipe from L. B. Foster Co., Doraville, GA, for the period
7/21/95-7/20/96,at an est. $93,970 (GAS)
42. Contract to install a 4-inch polyethylene gas main under Intercoastal Waterway on SR688
(Walsingham Road) to Mueller Distribution, Medley, FL, at an est. $214,889.75 (GAS)
43. Purchase of 2 beach rakes from Florida Municipal Equipment, Lakeland, FL, for $87,941.90;
financing to be provided under city's master lease-purchase agreement with Barnett Bank of
Pinellas County (GS)
44. Purchase computer hardware for Economic Development & Library from Dell Computer Corp.,
TX, at an est. $ 31,200; authorize lease/purchase through city agreement with Barnett Bank (1M)
'...../ 7/20/95
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46.
47.
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48.
Purchase computer hardware for Gas Systems & Engineering Services from Dell Computer Corp.,
TX, at an est. $112,634 (1M)
Purchase of Police Department uniforms & related equipment from Martin's Uniforms, Tampa,
FL, for the period 7/21/95-7/20/96,at an amount not to exceed $85,000 (PO)
Contract for holiday decorating services for 5 years, beginning 12/1/95 - ending 1115/2000, to
Santa's Holiday Wonderland, Inc., for $57,986 (PR)
5 year land lease Agreement to GTE Mobilnet of Tampa, Inc. for purposes of constructing a
150' communications tower and related equipment building upon a 5,525 sq. ft. parcel (lease
parcel) located adjacent to City's 300' radio tower at the NE Wastewater Treatment Plant, and
provide a non-exclusive access easement for ingress, egress & utillty purposes over the existing
WPC access road, for initial annual rental of $9,600, payable $800 per month, and being subject
to annual adjustment, and grant option to extend said lease by a series of 3 additional terms of 5
years each, subject to all other terms & conditions as contained in the lease agreement (EN)
Interlocal Agreement with Pinellas County for management of Coopers Point (EN)
Engineer of Record Contract Work Order to Post, Buckley, Schuh, and Jernigan, Inc. (PBSJ) for
Drew Street Widening Design, from Highland Ave. to NE Coachman Rd., for $1,070,308.84 (EN)
Purchase approx. 1 .005 acres of real property located at 7302 US 19, New Port Richey, FL, from
William J. Young, for $275,000 and est. expenses for appraisal fees, environmental inspections,
an as-built & topographical survey, termite inspection & closing expenses of $8,850; for a total
est. ~'A~:RfiO (property for Clearwater Gas System operations in Pasco County){EN)
Receipt/Referral - proposed Comprehensive Plan and Land Development Code Amendments
(related to PPC Consistency Program); Res. #95-05 - Authorizing the PPC to proceed with
Countywide Amendments for consistency with City's Comprehensive land Use Plan (CP) -
Received & Referred. Res. #95-05 adopted.
Receipt/Referral - LDCA re amending permitted and conditional uses (LDCA95-12) (CP)
Agreement with Southern Comfort Mobile Home Park (BKN Properties) authorizing installation of
emergency standby water service connection (eA)
10' Watermain Easement and an ingress/egress easement - Fountain Square Condominium
Association Inc. (eA)
Rescind Policy Ll-3 prohibiting Gun Shows on City Property
49.
50.
51.
52.
55.
56.
OTHER ITEMS ON CITY MANAGER REPORT
57. Fiscal Year 95/96 City's Social Services
Grants - approve recommendations made by
Technical Review Committee for allocation
of funds in the amount $62,000 - approve
proposed contract form for funding
contracts (HM)
58. Agreement with Ervin's All American Youth
Club, Inc. for the Club's continuing use &
supervision of the Holt Avenue Youth
Center Building, for the period 9/1/95-
8/31/98; direction requested re amount &
funding source of operational grant (PR)
59. Provide direction re 3rd floor Harborview
Restaurant (eM)
57. Approved.
58. Approved. Also approved matching grant
up to $16,037.
59. Approved concept by Scheller & Benton
and authorized negotiation.
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61.
Approve $150,000 for construction of
catering kitchen; approve interfund loan of
$150,000 from Central Insurance Fund,
bearing interest at the cash pool rate, to be
repaid with Penny for Pinellas collections in
FY 1999 (eM)
Res. #95-58 - declaring City's intention to
proceed with a Special Assessment for the
Sand Key power line burying project; review
& accept preliminary assessment roll
associated therewith; Res. #95-59-
designating 9/7/95 as date for required
public hearing regarding said assessment &
proposed method for collection (FN)
First Reading Ord. #5868-95 - restricting
the practice of "cruising" or unnecessary
repetitive driving (PO)
Ord. #5868-95 passed 1 st reading.
60.
Approved.
61.
Res. #95-58 adopted. Accepted
preliminary assessment roll. Res. #95.59
adopted.
62.
62.
63.
Other Pending Matters
63.
None.
CITY ATTORNEY REPORTS
64. a) Res. #95~57 adopted.
64. Resolutions
a) Res. #95-57 - Assessing owners of
f;""~" property the costs of having mowed or
,t~.:J cleared owners' lots
65. Other City Attorney Items
-~..; 7/20/95
65. Closed attorney/client session re Galbraith
VB. City set for 7/31/95 at 9:00 a.m..
Closed attorney/client session re JBM
Entertainment of Clearwater, Inc., et a!., VB.
City set for 7/31/95 at 9:30 a.m. or as
soon thereafter as possible.
66. City Manager Verbal Reports
66. City Manager reminded Commission of
Meeting re Beach Issues on 7/26/95.
City Manager requested 8/7195 Budget
Work session be rescheduled as there is a
conflict. 817 cancelled, rescheduled for
8/9/95 at 1 p.m.
City Manager thanked Cview staff for its
efforts in broadcasting the meeting tonight.
67. Justice thanked City Manager & staff for all
the assistance they have provided.
68. 9:20 p.m.
67. Other Commission Action
68. Adjournment
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CITY COMMISSION MEETING
July 20, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, July 20, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
Mayor/Commissioner
Vice-Me yor/Commissioner
Commissioner
Commissioner
Commissioner Elect:
William Justice
Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Sandy Glatthorn
Cynthia E. Goudeau
Patricia Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Manager
City Clark
Board Reporter
The Mayor called the meeting to order. The invocation was offered by Assistant
City Manager William C. Baker. The Mayor led the Pledge of Allegiance.
The Oath of Office was administered to William Justice.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
Wayne Tiggett, Fire Department, was presented the July 1995 Employee of the
Month award.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Clearwater Housing Authority ~ Annual Report - Howard Groth
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", Howard Groth, Chair, presented the Clearwater Housing Authority's (CHA) Annual
Report. He said the year was fruitful. CHA maintained a proficiency rating of 98% +. The
Authority's units have a 99% occupancy rate and 18-month waiting list of 1,000.
Vacated units are ready for occupancy within nine days. Mr. Groth reported additional
income of $50,000 to the City's affordable housing program. Units have been added to
the Authority's stock and the Hampton's was refinanced. The Hampton's occupancy rate
is 100%. Mr. Groth reviewed the public housing grants the CHA received this year. He
reported the self sufficiency program has slipped in the last six months and is being
reorganized. He recognized Executive Director Deborah Vincent's talents and dedication of
the CHA committee. Mr. Groth presented the City with a $22,550.78 check as payment
in lieu of taxes.
The Mayor thanked the board for volunteering and congratulated them for their
strong success.
ITEM #6 - ADDroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
June 15, 1995, and the special meetings of May 30, 1995, June 5, 1995, and June 12,
1995, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
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Norman Gross, president a grass roots organization, Primer, wished to respond to
biased and inaccurate information and hateful messages regarding the Jewish community
broadcast on public access television. He expressed concern the messages have
motivated the desecration of two local temples. He urged the Commission to review. Time
Warner's cable agreement and consider the benefit of public access television. He urged a
legal review of the manipulation of public access versus first amendment rights.
Melvin Esteoff. chair of community relations of the Jewish Federation, expressed
concern regarding the manipulation of public access. He suggested the rise in anti-
Semitism in the community is a result of racist programming on public access television.
Francis Dukes-Dobos, president of the local S'nai S'rith Chapter, said he was a
survivor of the holocaust. He came here in 1956 from Hungary after three years in a slave
labor camp. He said he lost family and friends in the concentration camps. He came to
the United States so he would not have to face the perpetrators of those atrocities. He
expressed dismay that swastikas and anti-Semitic programs are broadcast on Channel 20.
He did not think the first amendment protects those presentations.
Carol Rubin felt the premise behind public access was good but was dismayed
when it was used to spread hatred. She said if no ground rules are established, she
recommended doing away with public access.
Pat Wilson said the area around the soup kitchen has improved 400%. She said
problem individuals have disappeared and noted no police reports were filed in the past
month. She expressed concerns that the problems not reappear next winter.
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Tom Sehlhorst presented a photograph of the first garage built in the lo1i11
Commercial zone and expressed concerns regarding the cost of building fees. He
recommended the City set aside the economic plan and construct a parking lot to meet
local business needs. He said the code requires his business to have 159 parking spaces.
PUBLIC HEARINGS
ITEM #8 ~ Variance(sl to SiQn Regulations for orooertv located at 3044 Eastland Blvd.,
Imperial Oaks Condo (Imperial Oaks Condo Assoc., SV95~29)
The applicant requests area variances for two entrance signs of 15.2 square feet
and 13.3 square feet from the permitted 24 square to allow a 39.2 square foot sign and a
37.3 square foot sign.
The subiect property, on the north side of Eastland Boulevard, is west of McMullen-
Booth Road and zoned Multiple Family Residential 24. The variance is requested to permit
the existing entrance signs to remain.
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Imperial Oaks is identified with two signs, one on each side of the entry drive. The
signs are positioned at an angle to be viewed by traffic from only one direction. The
applicant contends the signs would become much less attractive if they were reduced in
size to comply with the code. The applicant noted the signs are low-profile and reach no
higher than 4.5 feet. The applicant indicated much larger signs are in the immediate
vicinity including in the shopping center directly across the street. Staff agrees and notes
the sign faces are partially concealed by landscaping that obstructs the sign's lower
portion. Staff feels conditions support approval of the requested variance.
Bill Nassar, Manager of the Homeowner's Association, verified photographs of the
property presented him by Senior Planner John Richter. Mr. Nassar indicated the signs will
conform to code when they are replaced.
Commissioner Justice moved to approve area variances for two entrance signs of
15.2 square feet and 13.3 square feet from the permitted 24 square feet to allow signs of
39.2 square feet and 37.3 square feet, respectively, on property identified as Imperial Oaks
Condominium for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). The motion
was duly seconded and carried unanimously.
ITEM #9 - Variance(s) to Sign Reoulations for orooertv located at 1685 Gulf to Bav Blvd.,
Gulf to Bay Shopping Center, Lots 3 & 4 (Bruno, SV95-30)
The applicant requests an area variance of 1 5 square feet from the permitted 1 50
square feet to allow a freestanding sign with an area of 165 square feet. The subject
property, on the south side of Gulf-towBay Boulevard, is between Keystone Avenue and
Duncan Avenue and is zoned Commercial Center. The variance is requested to permit
enlargement of the existing freestanding sign.
The owner of the Gulf-towBay Shopping Center requests a variance for the sign
panel recently added to the freestanding sign without a sign permit. The panel, placed
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~ toward the bottom of the sign, identifies the Pinellas County Tax Collector and increased
the sign's area from 144 square feet to 165 square feet and caused the sign area to
become nonconforming. The requested 15 square foot variance is a 10% departure from
the code.
According to the applicant, the variance is necessary because the existing
freestanding sign cannot be altered to accommodate additional tenants without exceeding
the area allowed by code. The applicant also indicates the variance is necessary for the
convenience of Pinel/as County taxpayers.
Staff feels circumstances do not warrant approval of the variance approval. To
allow this property to have a larger sign than other properties in this zone would bestow a
competitive advertising advantage upon this applicant. Staff feels granting a variance to
enlarge a sign to identify the tax collector's office is no more appropriate than allowing the
enlargement of any other freestanding sign in the City to identify any other tenant.
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John Inglis, representative of the applicant, verified photographs of the property
presented him by Mr. Richter. Mr. Inglis said the applicant is not attempting to gain
materially but only wants a variance to accommodate the tax collector and notify local
residents where they can pay their taxes. He was willing to stipulate the variance is only
for the tax collector. He pointed out the sign's height did not increase when the single
panel was added. He said the addition was not injurious to surrounding properties and felt
the special circumstances were sufficient to permit a variance. The Mayor questioned if
the tax collector office paid rent. Mr. Inglis indicated it did.
Richard Cornwell, representative, said the City Engineering Department had advised
him the additional panel would be OK if some nearby bushes were cut. He expressed
concern the public would not be well served if the tax collector office did not have good
signage. He said the Department of Transportation has not erected promised signs. He
said the City has made if difficult for merchants to meet their signage needs. The Mayor
indicated the City is trying to limit the size of signs.
Commissioner Thomas Questioned if all of the shopping center's tenants had
contracts for sign space before the panel was added. Mr. Inglis said they did not, but
indicated additional space was needed to accommodate the tax collector's requirements.
Commissioner Thomas suggested spaces on the sign could have been juggled to
accommodate the tax collector and felt the decision to add the sign panel was economic.
Mr. Inglis said some space on the sign is not currently used. In answer to a question, he
indicated the shopping center does not have contractual obligations regarding the empty
space and agreed some tenants are not represented on the pylon sign.
Commissioner Johnson moved to deny an area variance of 1 5 square feet from the
permitted 150 square feet to allow a freestanding sign with an area of 1 65 square feet, on
property identified as Lots 3 and 5, Gulf-to~8ay Shopping Center, for failure to meet Sec.
45.24 Standards for Approval, items (1 )-(4). The motion was duly seconded and carried
unanimously.
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ITEM /I 1 0 . Variance{s) to Sign ReQulations for orooertv located at 1801 Sunset Point Rd.,
Pinellas Groves, SW 1/4, part of Lot 8 (E.Z Serve Petroieum Marketing 1 Wellford Corp. 1
Majik Market #365-08, SV95.32)
The applicant requests an area variance of 28.4 square feet from the permitted 48
square feet to allow attached signs oriented to Sunset Point Road with an area of 76.4
square feet. The subject property, on the southeast corner of Sunset Point Road and
Keene Road, Is zoned Neighborhood Commercial. The variance is requested to permit the
following signs to remain: 1) the Majik Market sign on the building facade; 2&3) the
Marlboro and Lotto signs in the window; and 4&5) the Texaco sign and logo on the east
face of the service island canopy.
This property is located at the intersection of two arterial roads where the code
allows the sign area allocation to double, provided each allocation is oriented to separate
roads. '
The requested sign variance is for the Majik Market. The applicant proposes to
keep the 28 square foot Majik Market sign on the storefront, the three square foot Lotto
and three square foot Marlboro signs in the window and the two 37.5 square foot Texaco
signs and two 4.9 square foot logos affixed to the service island canopy. The Texaco sign
and logo on the west side of the canopy face Keene Road and conform to code. The
variances are requested for the signs oriented to Sunset Point Road. The code permits a
maximum area of 48 square feet of attached signs oriented to Sunset Point Road. The
applicant is requesting a variance to allow 76.4 square feet, or 59% departure from the
.;:,~} code.
While special circumstances support granting a variance for the attached sign area
oriented to Sunset Point Road, staff feels conditions do not warrant approval of a variance
to the extent requested. The change in character of Sunset Point Road caused by the
current widening to four lanes plus a turning lane, buoys the applicant's request for more
attached sign area than permitted. The encompassing residential neighborhood must be
considered as this property is the lone commercial use in the area.
Staff recommends against approval of a variance to allow 76.4 square feet. Most
convenience store/service stations are located in General Commercial zones where 64
square feet of attached sign area are permitted and most comply with the attached sign
area limit. It would appear reasonable that this convenience store/service station adhere to
the same limit.
Paul Taylor, representative of the applicant, verified photographs of the property
presented him by Mr. Richter. Mr. Taylor noted how the widening of the two roads is
changing the area's character. He said in 1987, the property was zoned General
Commercial and qualified for up to 64 square feet of attached sign area. He felt the
change to Neighborhood Commercial was no longer appropriate. He said the zoning should
return to General Commercial.
Mr. Taylor said the Majik Market and gasoline station are two separate businesses
requiring two separate occupational licenses. He suggested the gasoline canopy is a
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.~ building and should qualify for a signage allowance. He said the 28.4 square foot variance
is for the Texaco logo and star which do not clutter the neighborhood. He said the request
is minute and humble.
Commissioner Johnson questioned if the pizza parlor is still located in the strip. Mr.
Taylor said the pizza parlor is a separate tenant. Mr. Richter said the pizza parlor has
separate signage. He said the request is for the attached signs oriented to Sunset Point
Road. He said staff reviewed the application and recommended limiting the variance to 16
square feet.
, Commissioner Thomas questioned if staff recommended the Majik Market sign
remain. Mr. Richter said the applicant would determine how to use the 64 square feet and
could retain that sign. In answer to a question, he said the actual letters of the Texaco
sign were measured to determine the sign's size.
Commissioner Justice moved to deny an area variance of 28.4 square feet from the
permitted 48 square feet to allow attached signs oriented to Sunset Point Road with an
area of 76.4 square feet, on property identified as Pinellas Groves, Part of Lot 8, for failure
to meet Sec. 45.24 Standards for Approval, items (1 H4~ and to approve an area variance
of 1 6 square feet from the permitted 48 square feet to allow attached signs oriented to
Sunset Point Road with an area of 76.4 square feet, on property identified as Pinellas
Groves, Part of Lot 8, for meeting Sec. 45.24 Standards for Approval, items (1 H4). The
motion was duly seconded and carried unanimously.
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ITEM !tlJ - Vryrlanco{s} tu Sion Hegulations for Drooertv located at 387 1/2 Mandalav A\le.,
Barbour-Morrow Sub., Blk. A. Lots 23-25 (Homer Realty, Inc. 'Wedgwood House Estate
Jewelers, SV95-31 )
The applicant requested this item be continued.
Commissioner Berfield moved to continue this item to August 17, 1995. The
motion was duly seconded and carried unanimously.
Commissioner Berfield said she had the pleasure of working with John Richter at a
recent Pinellas Planning Council meeting and wished to compliment his excellent work.
ITEM #12 - (Cont'd from 05/04/95) Public Hearing & First Reading Ords. #5741-95 &
#5742~95 - Land Use Plan Amendment to Commercial General for property located at 509
Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View a/k/a McMullen Bayview
Sub.. Blk. 3, part of Lots 1 & 2, and S 1/2 of vacated street abutting N side of lots; and
CPD Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009
Gulf to Bay Blvd.. McMullen Bayview Sub., Blk. 3. part of Lots 1 & 2 and Bayview City
Sub., Lot A, and vacated street r-Q-W between Lot A and Lots 1 & 2 of McMullen Bayview
Sub. (R. Roy Meador, LUP93-43, Z93.54)
Due to a continuance by the Planning & Zoning Board, a request was made to
continue this item. Staff recommended continuance until August 3, 1995. The attorney
representing parties opposed to the application has requested this item be continued to
August 17, 1995, due to a conflict on August 3, 1995.
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;'~ Commissioner Barfield moved to continue this item to August 17, 1995. The
motion was duly seconded.
Brett Parker distributed copies of a historical study of the Bayview area. He said
points of law indicate the application violates the City's Land Use Plan that uses zoning to
restrict commercial intrusion into residential areas. He said not all of the required standard
bases used to evaluate a zoning amendment have been met. Mr. Parker indicated the
Commercial Planned Development applied for is not legal as the property is only 15 % of
the 4 acre-sized lot required to meet City code. He felt the neighbors have been denied
due process by the procedure.
Bryan Mullen said his house, an original neighborhood structure I is 106 years old.
He said he bought the house for the gorgeous neighborhood. He said lights from
Tattletales and the FINA gasoline station bathe his back yard. He expressed concern for
his children's safety with the number of transients and hobos who live under the nearby
Bayside Bridge.
Jack Alvord said the neighbors are all sick of the process that has been going on
since December 1993. He suggested the laws should be written so site plans are
approved or reiected outright. He said developers whose site plans are rejected should
have to start again at the beginning of the procedure. Mr. Alvord expressed concern that
this site plan was sent back to the Planning & Zoning Board three times. He charged the
City is not following its laws.
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Early Sorensen wanted to be certain the motion was to continue this item until
August 1 7, 1995. It was indicated that was the case.
Allen Stowell said the Planning & Zoning Board passed the plan at the July 18.
1995 meeting by one vote. He reported Chair Merriam commented that certain
requirements were being waived and the law was not being followed.
The Mayor said the Planning &. Zoning Board had done a fine job in addressing the
existing site problems. She noted 0:10 board member voted against the development
because he opposed sales of cold beer at gasoline stations.
Upon the vote being taken, the motion carried unanimously.
Commissioner Berfield questioned how long this development request would keep
going. She felt some limit had to be established. Sandy Glatthorn, Central Permitting
Manager, said the site plan has been scheduled for final review by the City Commission on
August 17, 1995.
Commissioner Thomas requested the City Attorney present a position paper on all
of the legal issues related to the review of this development's site plan. He also requested
the City Manager provide an opinion on the City's process and questioned if it has become
convoluted.
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ITEM # 1 3 - Public Hearing - land Use Plan Amendment to Institutional & MPD Zonina for
orooQrtv located at 1221 & 1256 Bav Ave.. 323 & 325 Pinellas St.. and 1225 Reynolds
~, Westover Sub., 81k. S, Lots 1, 2 & 17, C. Perry Snell's Bluff View Ct., Lots 22-24,
and S. J. Reynolds Sub., lot 8 (Morton Plant Hospital Association and Evmorphia M.
I<ralls, Z95~02, lUP95.13)
Due to a continuance by the Planning & Zoning Board, a request was made to
continue this item to a data uncertain.
Commissioner Thomas moved to continue this item to a date uncertain. The motion
was duly seconded.
ITEM #14 ~ Public Hearina ~ Vacating r-o-w portion of 80' drainage, utility and r-o-w
easement lying between McMullen Booth Rd. & Landmark Dr. contiguous to North side of
Chi Chi Rodriguez Golf Course & CountrY:3ide Soccer Field (McCullough Development Corp.
I Eagles Glen Condo Assoc., V95-08) (EN)
The applicants request to vacate the right-of-way portion of an existing 80-foot
drainage, utility and rightwof-way easement as dedicated by the City in Resolutions #83-32
and #83-33 and vacate the public road right~of-way portion of the property deeded to the
City by US Home Corporation in December 1978. '
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As the Countryside area was developed, the City determined a need for another
access to the Countryside Subdivision from McMullen-Baath Road. Although Engineering
Services has not developed construction plans for this road, based on the Metropolitan
Planning Organization's (MPO) estimated traffic counts for the year 2015, Engineering
believes this corridor will be needed. This area is effectively Nbuilt~out" and Engineering
objects to this vacation. All other City departments/divisions concerned with this request
have reviewed the petition and have no objections. Public utilities have no objection. The
City Engineer has reviewed the comments submitted by the reviewing departments and
recommends denial.
James McCullough indicated residents along Landmark Drive do not favor building a
road in this right-of-way and noted projected construction costs have escalated. He
pointed out parking for the soccer field is needed. Mr. McCullough said emergency calls
from Safety Harbor and Clearwater do not justify construction of a road in this location and
indicated left turns would not be permitted off McMullen-Booth Road. He said the road is '
intended to be residential and Clearwater voters do not approve. He said the MPO study
does not apply because it does not address residential streets. He said no justification to
build a road exists and felt the right-of-way should be vacated.
Stan Tangalakis said he is very involved in his landmark homeowners' association.
He said based on rationality, he favored vacating the land.
Jane Friedel. President of Eagles Glen Condominium Association, Inc., said the
association is 100% in favor of granting the vacation. She said the association does not
want a road there because they do not want the traffic.
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Wayne Moore said he supported the request. He suggested constructing a pathway
to connect Landmark and McMullen-Booth Road and provide access to the soccer fields.
He noted many people use Landmark Drive for walking.
Commissioner Thomas moved to deny the applicants' request to vacate the right-of-
way portion of the aD-foot drainage, utility and right~of-way easement lying between
McMullen~Booth road and Landmark Drive contiguous to the north side of the Chi Chi
Rodriguez Golf Course and Countryside soccer fields. The motion was duly seconded
Commissioner Thomas noted by denying the request, no City options are
relinquished. Commissioner Barfield recommended staff review the pathway suggestion.
Upon the vote being taken, the motion carried unanimously.
ITEM #15 - Public HearinQ & First Readinos Ords. #5832~95. #5833~95 & #5834~95-
Annexation, Land Use Plan Amendment to Residential Low & RS~6 Zoning for property
located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. (McMullen,
A95-07, LUP95~08)
The subject property, on the south side of Sunset Point Road, is west of the Abbey
Lake Road intersection. The applicants wish to annex to obtain City sewer service. On
June " 1995, the City Commission passed Ordinances #5832-95, #5833-95 and #5834~
95 by a 3-0 vote at a public hearing held previously for this application. Based on a
mistake in the title of the ordinances, the City Attorney recommended bringing back
e.-::~ corrected ordinances for public hearing and first reading.
The property to the south (Castle Woodsl is in the City and is zoned Single-Family
Residential "Six." The applicants' property has a Countywide Future Land Use Plan
Classification of Residential Low. It is proposed to assign the property a City Future Land
Use Plan Classification of Residential Low and zoning of Single Family Residential "Six."
The property meets the dimensional requirements for this zoning.
On May 16, 1995, the Planning & Zoning Board unanimously endorsed the
proposed annexation.
Commissioner Thomas moved to approve the petition for Annexation, Future land
Use Plan Amendment to Residential low, and Zoning Atlas Amendment to Single Family
Residential "Six" for part of Sec. 5-29~16; M&B 14/17. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #5832-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5832~95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
ItA yes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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The City Attorney presented Ordinance 115833~95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5833-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance 115834-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5834-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
nNays": None.
ITEM # 16 - Public Hearing & First Reading Ords. #5861-95, #5862-95 & #5863-95-
Annexation, land Use Plan Amendment to Residential Low & RS-8 Zoning Sor property
located at 1528 Stevenson Dr., Stevenson's Heights, Blk A, lot 20 (Rowe, A95~12,
LUP95-14)
The subject property, approximately 460 feet west of Betty Lane, is on the north
side of Stevenson's Creek. The applicants have City sewer service but wish to be part of
the City and receive City Solid Waste service. The adjacent property to the south has also
f:,~~::~ requested annexation.
Most of the subdivision is in the County. The south portion of the lot has a
Countywide Future land Use Plan Classification of Preservation, river bank, while the
northern portion has a classification of Residential Low. It is proposed to assign the same
classifications to the applicants' property. The lots in Stevenson's Heights are developed
with narrow side setbacks. This type of development best fits into the City's Single Family
Residential "Eight" zoning district, and it is proposed to assign this zoning to the
applicants' property.
The right-of-way of Stevenson Drive is in the County, and the Engineering
Department recommends not to annex the abutting right-of-way.
On June 27, 1995, the Planning & Zoning Board unanimously endorsed the
proposed annexation.
Commissioner Justice moved to approve the Petition for Annexation, Future Land
Use Plan Amendment to Residential low, Zoning Atlas Amendment to Single Family
Residential "Eight" for Lot 20, Block A, Stevenson's Heights. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5861-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance 115861-95 on first reading.
The motion was duly seconded and upon rol/ call, the vote was:
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance 115862-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5862-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5863-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5863-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #17 - Public Hearina & First Readina Ords. #5864-95, #5865-95 & #5866-95-
Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property
located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5 (New Zion Missionary Baptist
Church, A9S-13, LUP95-15)
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The subject property is approximately 300 feet east of N Betty Lane. The applicant
has City sewer service but wishes to be part of the City and receive City Solid Waste
service. The property is contiguous to the existing City limits. .
The lots in Pine Ridge Subdivision in the City have a Future Land Use Classification
Residential Urban and zoning of Single Family Residential "Eight." The County Future
Land Use Classification for this parcel is Residential Low. The subdivision has a mixture of
Future Land Use Classifications. It is proposed to assign the property the same Future
Land Use Classification as on the Countywide Plan, Residential Low, and zoning of Single
Family Residential"Eight."
On June 27, 1995, the Planning & Zoning Board unanimously endorsed the
proposed annexation.
Commissioner Thomas moved to approve the Petition for Annexation, Future Land
Use Plan Amendment to Residential Low and Preservation, Zoning Atlas Amendment to
Single Famlly Residential "Eight" for Lot 5, Block C, Pine Ridge Subdivision. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5864-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5864-95 on first reading. The
. motion was duly seconded and upon roll call, the vote was:
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5865-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5865-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5866-95 for first reading and read it by
title only. Commissioner Justice 11'l0ved to pass Ordinance #5866-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
ttAyes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The Commission recessed from 8:00 to 8: 1 6 p.m.
ITEM #18 - Public Hearinq - City of Clearwater's FY 1995/96 Consolidated Plan (ED)
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~.....-:l The goals of community planning and development programs are to develop viable
urban communities, provide decent housing, a suitable living environment and expand
economic opportunities, principally for low to moderate income persons. The primary
objective is to strengthen partnerships between the government and private sector,
including for-profit and non-profit organizations, in the production and operation of
affordable housing.
Under the Consolidated Plan, the city coordinates its approach to provide affordable
housing, create jobs, help the homeless, control crime and revitalize neighborhoods. This
approach helps neighborhoods by defining and addressing needs through an action plan
with performance measures.
The Consolidated Plan replaces the Comprehensive Housing Affordability Strategy
(CHAS), the Community Development Block Grant (CDBG), Emergency Shelter Grant
(ESG), HOME Investment Partnership and Housing Opportunities for Persons with AIDS
(HOPWA) with a single application. This consolidated submission replaces the CHAS and
HOME program descriptions, the COBG plan and final statement and the ESG and HDPW A
applications. The Plan consolidates the reporting requirements for these programs and
replaces five performance reports with one. The Plan encourages cooperation with public
housing authorities.
The City proposes the following activities for funding with CDBG funds, HOME
Investment Partnership Program funds and State Housing Incentive Partnership Program
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(SHIP) funds. On April 20, 1995, the City Commission approved the SHIP program
allocation through Resolution 95-30. SHIP funds are included to show total program
funding.
Funding resources: 1) $60,000 ~ COBG program income; 2) $150,000 N CDBG roll
over; 3} $1,085,000- CDBG entitlement; 4) $348,097 - HOME Partnership program; 5)
$593,508 - State Housing Incentive program.
Recommended funding is: 1) Economic Development Department - COBG,
$217,000 - HOME, $35,435 - SHIP, $58,508 - Total Funding, $310,943; 2} Community
Response Team - CDBG, $175,000 - Total Funding, $175,000; 3) Economic Development
Fund - CDBG, $179,904 - Total Funding, $179,904; 4) Pinellas Private Industry Council -
CDBG, $44,160 - Total Funding, $44,'60; 5) Housing Rehabilitation Program - CDBG,
$180,348 - HOME, $60,677 N SHIP, $225,000 - Total Funding $466,025; 6) Clearwater
In-Fill Housing Program - CDBG, $76,415 - HOME, $251,985 - SHIP, $310,000 - Total
Funding, $638,400: 7} RCS Emergency Housing - CDBG, $189,700- Total Funding,
$189,700; 8) Homeless Emergency Project - CDBG, $75,800 - Total Funding, $75,800; 9)
Neighborly Senior Services - CDBG, $6,000 - Total Funding, $6,000; 10) Partners in Self-
Sufficiency N CDBG, $33,500 - Total Funding,' $33,500; 11) Salvation Army - CDBG,
$60,305 - Total Funding, $60,305; 12) Mustard Seed Foundation - CDBG, $26,879 N Total
Funding, $26,879; 13) Pinellas Opportunity Council - CDBG, $13,989 - Total Funding,
$13,989; and 14) Boys and Girls Club of Suncoast ~ CDBG, $16,000 - Total Funding,
$16,000.
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Economic Development Director Alan Ferri reported more than 20 individuals
volunteered time to review the applications. He said four public hearings were held. He
said the plan addresses more than 650 housing units and provides more than 3,600 units
of public service and 137 economic development units. The Mayor congratulated staff and
the volunteers.
Mr. Ferri said the process included two technical assistance meetings attended by
15 agencies. Staff provided telephone counseling to aid with application completion.
After the applications were received, the Technical Review Committee and Neighborhood
and Affordable Housing Advisory Board (NAHAB) participated in field site visits. All
agencies were asked to make presentations to clarify their applications. Rankings provided
by the Technical Review Committee and NAHAS were combined and used to recommend
funding. The Mayor noted the City is limited regarding how much money can be awarded
in the public service category.
Commissioner Thomas moved to approve the City's Fiscal Year 1995/96
Consolidated Plan and Subgrantee contract Form and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
Tim Kadell, Executive Director of Girl's Inc., said he appreciated the efforts involved
in the review. He noted Girl's Inc. has served Condon Gardens for many years and said no
other service duplicates Girls' Inc.'s efforts. He said the organization receives funds from
other sources but indicated the money received from the City is vital. He said he was
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...-...., devastated Girl's Inc. was not recommended for funding. He asked the City Commission
to remember Girl's Inc. in the budget process. He requested notification of the funding
recommendations and where they stood to help them plan.
Commissioner Thomas noted less money was available this year.
ITEM #19 ~ (Cont'd from 06/15/95) Public Hearina & First Readino Ord. #5841.95 ~
Amending Ch. 29, relating to occupationalUcenses; (re. tax structure and appendix A.
Fees, Rates & Charges)
On June 2, 1994, the City Commission adopted Resolution #94-11 establishing the
Occupational License Equity Study Commission to study the City's occupational license tax
classification system and rate structure. Florida State Statute 205.0535 requires
municipalities to reclassify businesses, professions and occupations and establish new rate
structures by October 1. 1995.
The Equity Study Commission concentrated their efforts in two areas: 1) to
determine and correct inequities in the current fee structure, with associated increases and
decreases in fees within the threshold required by State law and 2) to streamline and
reorganize the fee structure.
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State Law permits a minimum license tax of $25 and fee increases ranging from
10% to 200% depending on current costs. The annual revenue generated by the new rate
structure for the fiscal year following the year when the rate structure is adopted, may not
exceed the sum of current revenues plus 10%. A maximum overall increase of 10% is
possible.
The committee reviewed each category of the current fee structure and strongly
recommended some major changes: 1) increasing the license fees for automobile
dealerships from $200 to $400, the maximum permitted by State Law (the increase for
automobile garages will further increase fees for automobile dealerships); 2) increasing the
fee for profess! onals from $ 70 to $100; and 3) increasing the fee for insurance companies
from $70 to $100.
Initially, the study group considered changing the method of licensing merchants.
Staff conducted a telephone survey of the City's 846 licensed merchants and found many
who would not furnish information or were unsure of their square footage. Therefore, the
study group's findings were inconclusive to justify or warrant a change in the current
taxing procedure. The committee did not feel the current method is inequitable and
decided to retain the existing taxing formula for this category.
The fee structure has been streamlined and reorganized and fees have been
adjusted as allowed by State law. The total annual revenue generated from the amended
fees is estimated to be $1 ,490,742.90,a 9.6% increase. The legal staff recommends
moving the occupational license fee structure from Chapter 29 to Appendix A, Fees, Rates
and Charges. Associated housekeeping changes are included in the ordinance.
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~ The resolution to thank the Occupational License Equity Study Commission for their
hard work and to dissolve the committee once their assignment has been completed will be
brought forward at the second ordinance reading.
This item was continued on June 15, 1995, as the City Commission had questions
regarding the Massage Establishment tax being lower than the Massage Therapist tax. The
fee structure has been modified accordingly. The charge per chair in a Beauty Salon
IBarbershop rather than per hair stylist also was questioned. This method of licensing is
consistent with the State and is simpler to administer and enforce because chairs are fairly
permanent while stylists often change locations.
Another reason for the continuance was due to a concern expressed by the
Harborview Center management who requested the establishment of a flat fee for the
convention center rather than a fee charged per exhibit. Staff proposes a $3,000 flat fee
consistent with other area communities.
Sarah Adler, Chair of the Committee, offered to answer questions the Commission
may have. Mayor Garvey said the Commission appreciated the Committee's efforts. Ms.
Adler thanked the City staff that gave the Committee a great deal of help. She said staff
was wonderful to work with.
Commissioner Thomas moved to approve the Amendments to Chapter 29, Article II,
Occupational License Tax and Appendix A, Fees, Rates and Charges. The motion was duly
seconded and carried unanimously.
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The City Attorney presented Ordinance 115841~95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5841-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #20 - Public Hearing & First Readina Ord. #5860-95 - Amending Div. 18 of Ch. 40 -
providing for revised requirements for the North Greenwood Commercial District; Amending
Sec. 41.053 to address conditional use supplementary standards for 2 conditional uses in
the district (LDCA 95-11)
The Florida Center for Community Design and Research has completed a study of
the North Greenwood Commercial District that indicates a need for greater flexibility in
allowable land uses and in dimensional and parking requirements. The Center also
provided some criticism of the General Development Plan for North Greenwood;
consequently, references to this plan have been deleted from the City code in this
ordinance.
Of special note, this ordinance deletes parking requirements for nonresidential uses
in the North Greenwood Commercial District with the understanding that current district
parking facilities and those planned for this area will be sufficient to meet parking demand.
Staff will monitor this situation for any problems that my arise.
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Other changes to the North Greenwood Commercial District include adding the
following uses as permitted uses: 1) business services; 2} veterinary offices; 3) adult day
care; and 4) commercial and trade schools. Outdoor commercial recreation/entertainment
is included as a conditional use. Minimum setbacks are decreased to zero, unless adjoining
a residential zoning district where 10 foot side setbacks will be required. The maximum
height is being increased from 25 feet to 30 feet. Minimum lot area requirements have
been deleted.
The Economic Development Department recommends approval of this ordinance.
The Planning & Zoning Board and Development Code Adjustment Board have reviewed this
ordinance and recommend approval.
Talmedge Rutledge questioned the reason veterinary services are listed as a
permitted use. Ms. Glatthorn read a definition of the service and said the changes were
based on the recommendations of the committees who completed the North Greenwood
study. Commissioner Thomas said the changes make it easier, not harder, to do business
in North Greenwood. Mr. Rutledge requested a copy of the definitions.
Tom Sehlhorst questioned why the proposed changes to the North Greenwood
Commercial District do not apply to Infill Commercial zone too. The Mayor noted the
recommendations are being tried out and may later expand.
Commissioner Thomas moved to approve the Land Development Code amendment
concerning the North Greenwood Commercial District. The motion was duly seconded and
f:'::~~ carried unanimously.
The City Attorney presented Ordinance #5860-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5860-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
Public Hearino - Second Reading Ordinances
ITEM #21 - (Cont'd from 06/15/95) 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 (Maxwell, V94-15)
The City Attorney presented Ordinance #5818-95 for second reading and read it by
title only.
Commissioner Thomas moved to amend Ordinance #5818-95 by replacing Section
, (2) to read: (1) The Fountain Square Condominium Association will grant a 1 O-foot water
main easement for the relocated water main, and. The motion was duly seconded and
carried unanimously.
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Commissioner Thomas moved to pass and adopt Ordinance #5818-95 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
,tAyes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #22 - Ord. #5821-95- LDCA re Outdoor Cafes and Sidewalk Vendors (lDCA94-13)
The City Attorney presented Ordinance #5821-95 for second reading and read it by
title only.
Commissioner Berfield questioned if restaurants with outdoor cafes were required to
provide additional parking. It was indicated no additional parking would be required.
Commissioner Berfield questioned if that is fair to restaurants that did not have room for an
outside cafe. Assistant City Manager Bill Baker said the perception is that outdoor cafes
would attract pedestrians and not require additional parking.
Mr. Sehlhorst questioned if a merchant can sell or rent skates from a vendor cart.
Ms. Glatthorn stated sidewalk vendors only would be permitted in downtown parks.
Commissioner Justice moved to pass and adopt Ordinance #5821-95 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, Justice and Garvey.
"Nays": None.
ITEM #23 - Ord. #5842-95 - Annexation for property located at 1456 Carolyn lane, Terra-
Alto Estates, Lot 10 & abutting r-o-w (Gimarey, A95-0S)
The City Attorney presented Ordinance #5842-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5842-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas. Johnson, Justice and Garvey.
"Nays": None.
ITEM #24 - Ord. #5843-95 - Land Use Plan Amendment to Residential low for property
located at 1456 Carolyn Lane, Terra-Alto Estates, Lot 10 & abutting r~o-w (Girnarey,
LUP95-09)
The City Attorney presented Ordinance #5843-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5843-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
............/
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t'Ayest': Berfield, Thomas. Johnson, Justice and Garvey.
UNays": None.
ITEM #25 . Ord. #5844-95 - RS-a Zoning for property located at 1456 Carolyn Lane,
Terra-Alto Estates, Lot 10& abutting r-o-w (Gimarey, A95-08)
The City Attorney presented Ordinance #5844-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5844-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #26 - Ord. #5845-95 - Annexation for property located at 1524 Stevenson Dr.,
Stevenson's Heights, Blk. A, Lot 21 (McGee, A95-10)
The City Attorney presented Ordinance #5845-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5845-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
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"Nays": None.
ITEM #27 - Ord. #5846-95 - land Use Plan Amendment to Residential Low for property
located at 1524 Stevenson Or., Stevenson's Heights, Blk. A, Lot 21 (McGee, lUP95-11)
The City Attorney presented Ordinance #5846-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5846-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
rtAyes": Berfield, Thomas, Johnson, Justice and Garvey.
ilNaysrt: None.
ITEM #28 . Ord. #5847-95 - RS-8 Zoning for property located at 1524 Stevenson Dr.,
Stevenson's Heights, Blk. A, lot 21 (McGee, A95-' 0)
The City Attorney presented Ordinance #5847-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5847-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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ITEM #29 - Ord. #5848-95 - Annexation for property located at 1761 St. Anthony Dr.,
Virginia Grove Terrace, Fifth Add., Blk. C, Lot 4 (Boike, A95-11)
The City Attorney presented Ordinance #5848-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5848-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #30 - Ord. #5849-95 - land Use Plan Amendment to Residential Urban for property
located at 1761 St. Anthony Dr., Virginia Grove Terrace, Fifth Add., Blk. C, Lot 4 (Boike,
LUP95-12)
The City Attorney presented Ordinance #5849-95 for second reading and read It by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5849-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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ITEM #31 - Ord. #5850-95- RS-8 Zoning for property located at 1761 St. Anthony Dr.,
f;~~ Virginia Grove Terrace, Fifth Add., Blk. C, Lot 4 (Boike, A95-11)
The City Attorney presented Ordinance #5850-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5850-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #32 - Ord. #5851-95 - Annexation for property located at 1785 Pineland Dr., Sec. 3-
29-15 M&B 43.02 (Williams, A95-09)
The City Attorney presented Ordinance #5851-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5851 ~95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #33 - Ord. #5852-95 - land Use Plan Amendment to Residential Urban for property
located at 1785 Pineland Dr., Sac. 3.29~15 M&B 43.02 (Williams, LUP95-1 0)
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The City Attorney presented Ordinance #5852-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5852-95 on se'cond
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": No~e.
ITEM #34 - Ord. #5853-95 - RS-8 Zoning for property located at 1785 Pineland Dr., Sec.
3-29-15 M&B 43.02 (Williams, A95-09)
The City Attorney presented Ordinance #5853-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5853-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
,
tTEM #35 - Ord. #5858-95 - repealing Ord. #3479-84, concerning solicitation for
charitable purposes as codified in Sees. 23.61-23.90, Art. III, Ch. 23
The City Attorney presented Ordinance #5858-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5858-95 on second
<,.~) and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #36 - Ord. #5859-95 - Vacating portion of 10' E/W alley lying in Blk. 8, Pine Crest
Sub., subject to it being retained full width as a drainage & utility easement (Utties, V95-
06)
The City Attorney presented Ordinance #5859-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5859-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays"; None.
ITEM #37 - Soeeialltems 9f widesoread Dublic interest - None.
ITEM #38 - Citizens to be heard ra items not on the Aaenda - None.
CITY MANAGER REPORTS
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CONSENT AGENDA (Items #39- 56) - Approved as submitted less #52.
ITEM #39 - Contract for trays' services to Bowen-Keppie Travel Service, Clearwater, FL,
for the period 07/21/95- 04/18/97, at an estimated $80,000 annually; authorize payment
through the American Express Company (FN)
lTEM #40 - Contract for installation of polyethylene aas main on US 19, from Pinel/as
IPasco County Line to SR 54, to Burnip & Sims Telecom, Inc., Tampa, FL, at an estimated
$378,895.60 (GAS)
ITEM #41 - Purchase of various sizes of steel gas pipe from L. B. Foster Co., Doraville, GA,
for the period 07/21/95- 07/20/96, at an estimated $93,970 {GAS}
ITEM #42 - Contract to install a 4-inch polvethvlene cas main under Intracoastal Waterway
on SR 688 lWalsingham Road) to Mueller Distribution, Medley, FL, at an estimated
$214,889.75 (GAS)
ITEM #43 - Purchase of 2 beach rakes from Florida Municipal Equipment, Lakeland, FL, for
$87,941.90; financing to be provided under city's master lease-purchase agreement with
Barnett Bank of Pinellas County (GS)
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ITEM #44 - Purchase computer hardware for Economic Develooment & Librarv from Dell
Computer Corp., TX, at an estimated $31,200; authorize lease/purchase through city
agreement with Barnett Bank (1M)
ITEM #45 - Purchase comouter hardware for Gas Svstems & Engineerina Services from
Dell Computer Corp., TX, at an estimated $112,634 (1M)
ITEM #46 - Purchase of Police Deoartment uniforms & related eauiDment from Martin's
Uniforms, Tampa, FL, for the period 07/21/95.07/20/96, at an amount not to exceed
$85,000 [PO}
ITEM #47 - Contract for holiday decoratino services for 5 years, beginning 1 2/01/95 -
ending 01/15/00, to Santa's Holiday Wonderland, Inc., for $57,986 CPR)
ITEM #48 - 5 year land Lease Agreem€lnt to GTE Mobilnet of Tampa. Inc. for purposes of
constructing a 150' communications tower and related equipment building upon a 5,525
sq. ft. parcel (lease parcel) located adjacent to City's 300' radio tower at the NE
Wastewater Treatment Plant, and provide a non-exclusive access easement for ingress,
egress & utility purposes over the existing WPC access road, for initial annual rental of
$9,600, payable $800 per month, and being subject to annual adjustment, and grant
option to extend said lease by a series of 3 additional terms of 5 years each, subject to all
other terms & conditions as contained in the Jease agreement (EN)
ITEM #49 - Interlacal Aareement with Pinellas County for management of Coooers Poim
(EN)
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ITEM #50 - Engineer of Record Contract Work Order to Post. Bucklev. Schuh. and
Jerniaan. Inc. lPBSJ) for Drew Street Widening Design. from Highland Ave. to NE
Coachman Rd.. for $1 ,070,30S.S4(EN)
ITEM #51 . Purchase aoorox. 1.005 acres of real orooertv located at 7302 US 19. N~w
Port Richev. FL. from William J. Youna. for $275,000 and estimated expenses for
appraisal fees, environmental inspections. an as-built & topographical survey, termite
inspection & closing expenses of $8.850; for a total estimated $283,850 (property for
Clearwater Gas System operations in Pasco County)(EN)
ITEM #52. See below.
ITEM #53 - ReceiptlAeferral - lDCA ra amending oermitted and conditional uses (LDCA95-
12) (CP)
ITEM #54 - Aareement with Southern Comfort Mobile Home Park (BKN Prooerties)
authorizing installation of emergency standby water service connection (CA)
ITEM #55 - 10' Watermain Easement and an ingress/aarass easement - Fountain SQuare
Condominium Association Inc. (eA)
ITEM #56 - Rescind Policy L1-3 prohibiting Gun Shows on City Prooerty (CLK)
Commissioner Berfield moved to approve the Consent Agenda as submitted less
f'''':'') Item #52 and that the appropriate officials be authorized to execute same. The motion
,..!~ was duly seconded and carried unanimously.
ITEM #52 - Receipt/Referral - ora posed Comorehensive Plan and Land Development Code
Amendments (related to PPC Consistency Proaram); Res. #95-5 - Authorizing the PPC to
proceed with Countywide Amendments for consistency with City's Comprehensive land
Use Plan (CP)
In June 1994. the Pinellas Planning Council (PPC) determined the City's
Comprehensive Plan and Land Development Code (LDC) were consistent with the
Countywide Plan.
Since then. PPC staff has compared the maps more closely and identified
approximately 100 inconsistencies between the City's map and theirs. Only 17
inconsistencies require amendments. The majority require changes to the Countywide map
and some are scrivener's errors. Housekeeping text changes associated with the
consistency program also are necessary.
As part of the Consistency Program. the City reclassified single family subdivisions
based on actual density although associated zoning modifications would be necessary.
Ordinance #5750-95 includes language for each zoning district in the Land Development
code that will restrict density by the land use plan classification when it is more restrictive
than the assigned zoning district. The PPC found this approach acceptable for Pinellas
County.
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The City entered into an agreement with PPC last year for mapping services and can
purchase colored land use plan maps created by the Pinellas County Property Appraiser's
computerized mapping system for the reasonable cost of $7 per map. The PPC will
authorize these maps for distribution once map inconsistencies are resolved.
Amendments to the Comprehensive land Use Plan will be submitted as a regular bi-
annual submission to the State Department of Community Affairs (DCA). To be
guaranteed two regular bi-annual submissions next year and the City must obtain State
approval of this submittal before the end of this year. The first ordinance reading must
occur early in August.
Staff recommends authorizing the City Clerk to advertise the proposed amendments
and authorizing the PPC to proceed with Countywide amendments for consistency with the
City's Comprehensive land Use Plan. '
It was noted this item was pulled from the consent agenda to address the
resolution.
Commissioner Thomas moved to receive the proposed Comprehensive Plan and
land Development code Amendments and refer to the City Clerk for advertisement for
public hearings. The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution #95-5 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-5 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #57 - Fiscal Year 1995/96 City's Social Services Grants - approve recommendations
made by Technical Review Committee for allocation of funds in the amount $62,000-
approve proposed contract form for funding contracts (HM)
In Fiscal Year 1993/94, the City Commission directed staff to institute a
competitive process for allocation of City social services' funding. In preparation for the
third year of the grants' program, a Request for Proposal (RFP) was mailed to social
services agencies who had expressed interest through inquiries and/or past participation.
The RFP limited requests to $5,000, permitted the submission of only one application per
project and prevented agencies from applying for Social Services and Community
Development Block Grant funding for the same project. Again, $62,000 was requested for
social services funding. Pursuant to the RFP, 32 grant proposals were received requesting
$152,472.26.
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-- On May 19, 1995, the Technical Review Committee (TRC) convened to rank the
proposals. The six TRC members included: Barbara Butz ~ Florida Department of Health
and Rehabilitative Services; Sandie Hugg - Morton Plant Rehabilitation Center; Elizabeth
Smoot - Pinellas Technical Education Center's Single Parenting Program; Jerome Brown -
Pinellas County Social Services; Lolita Brown - St. Petersburg Junior College; and Dorothy
Whitlock - Juvenile Welfare Board.
The top~ranked proposals were selected for funding. The committee decided to limit
agencies to one grant in order to award grants to a larger number of agencies. When a
single agency had more than one program in the top-ranking group, the committee
recommended only one for funding.
The recommended funding is: 1) Clearwater Police Department - $3,803.31; 2)
Quality Child Care - $5,000; 3) Clearwater Neighborhood Housing Service - $5,000; 4)
.ouest Inn, Inc. - $5,000; 5) Community Service Foundation - $5,000; 6} Coordinated Child
Care of Pinellas - $5.000; 7) Friends of the Deaf Service Center, Inc. - $4,995; 8) Gulf
Coast Community Care - $5,000; 9} Neighborly Senior Services - $4,987; 10) Resource
Center for Women - $5,000; 11) Homeless Emergency Project - $5,000; 12) AIDS Service
Association of Pinellas - $4,107.35; 13) Creativity in Child Care - $4,107.34.
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Commissioner Thomas moved to approve the recommendations made by the
Technical Review Committee for allocation of City Social Services funds in the amount of
$62,000 and approve the proposed contract form for the funding contracts and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Muhammad Abdur-Rahim submitted a letter regarding the North Greenwood
Association's feeling regarding the grants approved.
Yacub Bilal requested funding for the North Greenwood Family Center. He said
progress is being made at the center. Funding from other sources has been secured and
the center is moving forward with a full grant effective in September. He requested
continued support until full grant funding is realized. The Mayor reviewed the programs
recommended for funding. The Mayor said the recommendations came through the
Technical Review Committee who had a very difficult choice.
Upon the vote being taken, the motion carried unanimously.
ITEM #58 - Agreement with Ervin's All American Youth Club. Inc. for the Club's continuing
use & supervision of the Holt Avenue Youth Center Building, for the period 09/01/95-
08/31/98; direction requested reo amount & funding source of operational grant (PR)
Since 1987, Ervin's all American Youth Club has operated out of the City owned
Holt Avenue Youth Center. The club's primary purpose is to conduct educational, cultural
and motivational programs to benefit neighborhood youth, adults and families. Funding for
the Club's operating budget comes from the W.K. Kellogg Foundation, The Juvenile
Welfare Board of Pine lias County (JWB), the City and private donations.
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At the request of staff, Ervin Harris, Director, prepared and submitted the "Mid-Year
City Report" that provides information on attendance, program descriptions and operating
budgets for Fiscal Year (FY) 1993/94, FY 1994/95 and a proposed budget for FY 1995/96.
Also included is a program assessment prepared by the Aakhet Center for Human
Development and a program evaluation by the JWB.
The existing three-year agreement between the City and Club expires August 31 ,
1995. The proposed agreement is for three years with provisions similar to those of the
existing agreement except the following: 1) Article II, (5), the Club now will be responsible
for furnishing the City each year on December 15, an audited report of activities covering
the previous operating year and 2) Article III, (1), the "grant" of $101.300 reflects the
same contribution the City made in FY 1994/95 and includes $9,800 for utility loperating
supplies which is included in the Parks & Recreation Department's FY 1995/96 proposed
budget, and $91,500 for an operational grant. The $91,500 operational grant is not
included in the City Manager's recommended budget.
Staff recommends consolidating all City contributions to Ervin's All American Youth
Clu.b in the proposed three.year agreement. Grants and budgeted monies will be provided
FY 1996/97 and FY 1997/98 budget years up to amounts approved in the City's operating
budget for each' year.
Mayor Garvey noted several programs such as community outreach and a meal
delivery program for seniors seem more appropriate for a family center. Parks & Recreation
Director Ream Wilson said he spoke with Asheela Harris regarding the Mayor's concern
~:,~;.> and Ms. Harris indicated a small portion of the budget is dedicated to those programs. The
Mayor suggested if the family center addressed those programs, Ervin's would have more
time to address the children's needs.
Commissioner Thomas said he agreed with funding Ervin's with $101,000 and to
provide a match, up to a maximum of approximately $16,000 for funds raised above the
$8,925 already budgeted for donations.
The City Manager referred to page 3 and noted the budget does not include the
operating grant the City donated last year. She recommended identifying a funding source
at third quarter to cover operational expenses, at last year's level, and providing the club
with the opportunity to raise funds which the City would match.
Commissioner Thomas moved to approve the agreement with three year term
(September 1, 1995 through August 31, 1998) between the City and Ervin's All American
Youth Club, Inc. for the Club's continuing use and supervision of the Holt Avenue Youth
Center Building, and provide utilities, operating supplies, building and maintenance and pest
control, In~kjnd rent, a $91,500 operational grant and then a match of up to $16,037 on
funds raised from the donations above the $8,925 already shown in the Youth Club's
budget and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #59 ~ Provide direction re. 3rd floor Harborview Restaurant (eM)
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---...., Staff contacted two companies that expressed interest in bidding on the third floor
restaurant in the Harborview Center and requested they submit letters of qualification
instead of a full proposal. Only one group responded.
Scheller/Benton indicated a final offer of: 1) five~year lease with three five-year
options and rental increase according to the CPI not to exceed 5%; 2) $36,000 per year
rent (equivalent to $6/square foot base plus $2/square foot CAM) until gross sales reach
$1 . 5~milJj on per year, the break even point. At $1.5-million gross salas par year, the
company proposes to pay percentage rent only of 4% to 6% of gross sales. Rent would
be paid in an accelerating fashion during the first five-year term.
Deputy City Manager Kathy Rice reviewed the City's history of attempts to interest
a restaurant in the Harborview Center. She said staff has reviewed the Scheller/Benton
proposal.
Commissioner Berfield questioned if the Commission is being asked to approve the
concept. Ms. Rice indicated this is the case.
Commissioner Berfield moved to authorize staff to negotiate an agreement contract
with Scheller and Benton for establishing a restaurant on the third floor of the Harborview
Center based on final offer of concept terms~ The motion was duly seconded.
In reply to a question, Stacy Benton said they would pay $15,000 toward leasehold
improvements in addition to the $36,000 rent for a total payment of $51,000 per year.
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Commissioner Thomas opposed the agreement. He agreed with the concept but felt
the agreement was an economically poor deal for the City. He preferred a straight three
year lease with the City paying for all leasehold improvements. He suggested a llew
$60,000 per year lease could then be negotiated. The Mayor noted the restaurant is
essential for the survival of the convention center. Commissioner Thomas expressed
concern that the proposed agreement could last 20 years.
Upon the vote being taken, Commissioners Berfield, Johnson and Justice and Mayor
Garvey voted "Aye"; Commissioner Thomas voted "Nay." Motion carried.
ITEM #60 - Aoorove $1 50 .000 for construction of caterina kitchen in the Harborview
Center funded by an interfund loan of $150,000 from Central Insurance Fund, bearing
interest at the cash pool rate, to be repaid with Penny for Pinellas collections in FY 1999
(eM)
The City needs to provide $150,000 for a catering kitchen designed to prepare and
serve up to 1,500 meals at one time. Included in the $150,000 request is equipment,
utensils and dishes for a full banquet kitchen. The Center then would open with a catering
kitchen and could serve meals for many people at events scheduled for the Center
beginning in January 1996.
Funding of $150,000 for the construction of the catering kitchen will be provided
by a third quarter budget amendment reflecting a loan from the Central Insurance Fund.
-'-..../
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.-- Interest at the cash pool rate will be payable annually out of Penny for Pinellas collections.
No principal payments will be due until fiscal year 1999, when the entire unpaid balance
will be repaid out of Penny for Pinellas collections in that year.
Commissioner Thomas moved to approve $1 50,000 for construction of catering
kitchen and approve an interfund loan in the amount of $150,OOOfrom the Central
Insurance Fund, bearing interest at the cash pool rate, to be repaid with Penny for Pinellas
collections in Fiscal Year 1999. The motion was duly seconded and carried unanimously.
ITEM #61 - Res. #95-58 - declarina City's intention to oroceed with a Soecial Assessment
for the Sand Kev Dower line burvina oroiect: review & accept oreliminary assessment roll
associated therewith: Res. #95~59 - designatina 917/95 as date for required oublic hearing
reoarding said assessment &. proposed method for collection (FN)
On June 3, 1993, the City Commission discussed and approved the concept of a
special assessment to Sand Key property owners to cover the cost of burying power lines
in conjunction with the County's plan to widen Gulf Boulevard on Sand Key. Since then, it
has become apparent that the cost of street lights must be considered. On May 31, 1994,
the City Commission approved fiberglass poles and an agreement with the Sand Key Civic
Association for them to pay the City $25,000 as part of the project's cost. The project's
estimated cost, expected to be less than $1 A-million, will be allocated to non.government
Sand Key property owners in proportion to the full assessed value of their properties,
without regard to exemptions. This formula equates to an estimated assessment of
$358.77 per $100,000 of total property value. A preliminary assessment roll is available
l'/:~~j in the City Clerk and Finance Departments.
The City proposes to finance this project by issuing bonds or obtaining a loan,
pending collection of the special assessments. The bond counsel advised staff it is
traditional to have the bond ordinance refer to the public hearing date and the resolution
adopting the final assessment. Staff is proceeding with the intent resolution and public
hearing resolution. All documents will be appropriately worded so work will not begin on
the project until after the bonds are validated. The City intends to collect the special
assessment through the Tax Collector by utilizing the uniform method of collection non-ad
valorem assessments authorized by Section 197.3632, F.S. Property owners can prepay
the assessment or use the installment method with interest over a period of less than 10
years. Special assessment collections will begin in November 1996, when early 1997 tax
payments are made.
Commissioner Berfield moved to declare the City's intention to proceed with a
Special Assessment for the Sand Key power line burying project, review and accept the
preliminary assessment roll associated therewith, designate September 7, 1995, as the
date for the required public hearing regarding said assessment, and the proposed method
for collection. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-58 and read it by title only.
Commissioner Justice moved to pass and adopt Resolution #95-58 and authorize the
appropriate officials to execute same. The motton was duly seconded and upon roll call,
the vote was:
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Resolution 1t95~59 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-59 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
1I Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #62 - First Reading Ord. #5868~95 - restricting the practice of "cruising" or
unnecessary repetitive driving (PO)
The proposed "Cruising Ordinance" is an attempt to help alleviate congestion on
Clearwater Beach.
Unlike previous "cruising ordinances," the proposed ordinance is intended to be
adopted permanently. The proposed ordinance also includes definitions of the terms
"Iawful purpose" and "emergency" that were not contained in previous "cruising
ordinances." These definitions were modeled after the definitions contained in Sections
8 7 7 . 24 and 877.2', Florida Statues, which concern juvenile curfew ordinances.
(:~)
The proposed ordinance works as follows: 1) when traffic reaches a certain level of
congestion on a given street, it can be designated as a "cruising restricted" street. The
Police Department erects temporary signs and establishes traffic control points; 2) after a
traffic control point is established, tag numbers of passing vehicles are entered into a
computer; 3) the computer operator is alerted when a passing vehicle's tag number is
entered into the computer a second time; 4) the computer operator radios a designated
Police Officer stationed nearby; 5) the Police Officer stops the vehicle to give verbal or
written notice to the operator and to each passenger informing them the ordinance is in
effect and that a subsequent operation of the vehicle past a traffic control point within four
hours of the initial observation shall constitute a violation of the ordinance; and 6) a
citation may be issued to the operator of a vehicle that passes through the control point a
third time.
Mayor Garvey questioned if the City Attorney felt comfortable with adopting a
permanent ordinance regarding this issue. The City Attorney said she researched the issue
and felt comfortable with the proposed ordinance.
Commissioner Thomas moved to restrict the practice of /lcruising" or unnecessary
repetitive driving. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5868-95 for first reading and read it by
title only.
,--"J
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Tom Sehlhorst questioned the levels of fines that would be levied. Commissioner
Thomas noted the total cost of fines listed in the ordinance range from $30 to $155. Mr.
Sehthorst noted a violation would result in a moving violation and cost points against ones
license. He said this legislation wOLlld result in another ban instituted by the City of
Clearwater. He said no one under 50 years old is represented in this City.
Commissioner Thomas said the City has not banned anyone from going to the
beach. He did not think the City had banned roller skates. The Mayor noted skates are
not allowed on the streets. Commissioner Berfield noted the cruising legislation would not
apply to bicyclists as it only applies to drivers of motor vehicles.
Commissioner Thomas moved to pass Ordinance #5868-95 on first reading. The
motion was duly seconded and upon roll call. the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
Commissioner Johnson objected to Mr. Sehlhorst's implication that the City
Commission tries to take away the rights of others. Commissioner Johnson did not
appreciate Mr. Sehlhorst condemning the Commission.
ITEM #63 - Other Pendino Matters - None.
(:1."\
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CITY ATTORNEY REPORTS
ITEM #64 - Resolutions
a) Res. #95-57 - Assessing owners of property the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution #95-57 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution //95-57 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas. Johnson, Justice and Garvey.
"Nays": None.
ITEM #65 - Other City Attornev Items
The City Attorney requested an attorney/client session regarding Galbraith versus
the City be scheduled for July 31, 1995 at 9:00 a.m. Consensus was to so schedule.
The City Attorney requested an attorney/client session regarding JBM
Entertainment versus the City be scheduled for July 31, 1995 at 9:30 a.m. or as soon
thereafter as possible. Consensus was to so schedule.
.....
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,.,-..\ ITEM #66 - City Manager V~rbal ReQort:;t
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The City Manager noted the meeting scheduled for July 26, 1995 at 7:00 p.m. in
Chambers to discuss beach issues.
The August 7, 1995 Budget Work Session was rescheduled to August 9, 1995
from 1 :00 to 4:00 p.m.
ITEM #67 - Other Commission Action
Commissioner Justice said he appreciated all the help the City Manager and staff
have given him.
The City Manager thanked C-View 35 for their efforts in broadcasting tonight's
meeting.
JTEM #68 - Adiournment
The meeting adjourned at 9:20 p~m.
ATTEST:
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. City Clerk
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