09/07/1995 (2)
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,COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 7, 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 n..am.e and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
a) Bordner Survey re Cview
b) Bordner Survey re Beach
6, (Cant. from 8/17/95) Memorial Causeway
Bridge Feasibility Study - accept report in
order to set "groundwork" for project,
direction requested to proceed re funding
source & future design study type
7. Approval of Minutes - Regular Meeting
8/17/95
8. Citizens to be heard re items not on the
\::;~ Agenda (maximum of 30 minutes)
.1" ",\ ~
~~917/95
1. Father Edward J. Mulligan, St. Brendan's
Catholic Church.
2. Mayor.
3. None.
4. None.
S a) Report given.
b) Report given. ,
6. Accepted report, provided direction to proceed
with SEIR process, evaluate at significant points.
7. Approved as corrected.
8. Glen Johnson questioned if there might be any
reconsideration of his proposal re use of the
existing Clearwater Pass Bridge.
Bob Clark expressed concerns re the current &
proposed zoning of the property on which the
tower is proposed to be placed. Requested a
referendum as would be required jf proposed
zoning of Recreation/Open Space was in place.
To be discussed at next Worksession.
R~v. Floyd Erwin stated Susan Smith has been
forgiven by God; Mrs. Clinton needs our prayers;
all members of the party that went to China
should have a physical; Tide can cause an
infection that can be misinterpretered as
molestation.
Bob Wright urged going forward with Reclaimed
Water Syste.
Breck Parker spoke in favor of full time
Commissioners.
Curtis Jenny spoke in opposition of proposed
tower.
J~ck Alvord announced formation of Save our
Neighborhoods Fund.
Patricia Parker questioned if the Commission was
required to follow city codes & plans; expressed
concern that if not, may end up in court spending
taxpayers money.
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PUBLIC HEARINGS
All Individuals speaking on public hearing items wtll 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 speakerl.
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal 15 minutes).
Conclusion by applicant (3 minutes).
Decision.
9. Public Hearing & First Reading Ord #5893-95
- RPD Zoning for property located at 1 551,
1555, 1559, 1563, 1567 & 1571 Druid Rd.,
Druid Groves Sub., Blk A, Lots 1 ~6 & 1/2
vacated street (Clearwater Community
Hospital, 295-06)
10.Public Hearing & First Reading Ords #5891-
'95 & #5892-96 - Land Use Plan Amendment
to Institutional & PISP Zoning for property
,located at 1920 & 1924 Douglas Ave.,
'::) Sunset Point 2nd Addition, Blk G, Lots 26 &
27 (Hellenic Orthodox Traditional Church of
America, LUP95-22, 295-05)
11. Public Hearing & First Reading Ords #5901-
95 & #5902-95 - land Use Plan Amendment
to Commercial General & CNG Zoning for
property located at 1105 Engman St'l
Greenwood Park No.2, 81k E, Lot 31
(Dorsey, LUP95~25, Z95-07)
12. Variance(s) to Sign Regulations for property
located at 1284 S. Missouri Ave., Sec. 22-
29~15, M&8 21.15 (Frederick & Evelyn
Dunn / Art Warehouse, SV95-38)
13. Variance(s} to Sign Regulations for property
located at 3166 McMullen Booth Rd., Bethel
Lutheran Church I Lot 1 IBethel Lutheran
Church, SV95-36)
14. (Cont. from 8/17/95) Variancels) to Sign
Regulations for property located at 2632
Enterprise Rd. (Europa of Countryside. A
Condominium, SV95~33) - Request to Cont.
to 10/5/95
, -...."J9/7/95
9. Approved. Ord. #5893-95 passed 1st reading.
10. Approved. Ords. #5891-95 & #5892-95
passed 1 st reading.
11. Approved. Ords. #5901-95 & 5902-95
passed 1 st reading.
1 2. Approved 64 sq. ft. area variance to allow
attached signs with an area of 1 28 sq. ft. subject to
the condition there shall be no freestanding sign
placed on this property.
13. Approved 4.5' setback variance to allow a
freestanding sign 0.5' from McMullen Booth Road
r-o-w subject to standard setback condition.
14. Continued to 10/5/95.
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...~Administrative public hearings:
'. Presentation of Issues by City staff.
Statement of case by applicant or representative (5 mInutes).
Commission questions.
Comments in support and in opposition (3 minutes per speakerl.
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
15. Public Hearing - Res. #95-69 - approving
public improvements benefiting property in
City's Special Assessment District No. 95-1,
levying special assessments for cost thereof
on property in said district, confirming final
assessment roll, & confirming City's intent to
issue bonds to finance the project (FN)
16. Public Hearing - Res. #95-70 - setting forth
City's intent to use the uniform ad valorem
method of collection of a non-ad valorem
assessment for Special Assessment District
95-1 (FN)
17. Not Public Hearing - First Reading Ord.
#5906-95 - providing for issuance of not to
exceed $1 .400,000 Special Assessment
~ Bonds, Series 1995 to pay costs related to
burying of power lines & installation of street
lighting along Gulf Blvd. on Sand Key (F!'I)
18. Public Hearing - Res. #95-61 - authorizing
placement of liens on properties for unpaid
utility bills (FN)
19.1995/96 Budget (eM)
a) First Reading Ord. #5912-95 ~ millage rate
b) First Reading Ord. #5913-95 - Operating
c) First Reading Ord. #5914-95 - CIP
15. Approved. Res. #95~69 adopted.
16. Approved. Res. #95-70 adopted.
17. Approved. Ord. #5906-95 passed 1 st
reading.
18. Continued to 9/21/95.
19. Approved. Ords. #5912-95 & #5913-95
passed 1 st reading. Ord. #5914~95 passed 1 st
reading as amended.
Public Hearing - Second Reading Ordinances
20.0rd. #5741-95 - land Use Plan Amendment 20. Continued to 9/21/95.
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, 0.70 acres m.o.l. (R. Roy Meador,
lUP93-43) - To be Cant. 30 days
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,'- ,~1.0rd. #5742-95 - CPO Zoning for property 21. Continued to 9/21/95.
located at 509 Bavview Ave., 508 Meadow
Lark Lane, and 3009 Gulf to Bay Blvd., Town
of Bay View a/k/a 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., 1.02 acres m.o.1. (R. Roy
Meador, Z93-54) - To be Cont. 30 days
22.0rd. #5820-95 - Amending Sec. 42.34 - 22. Ord. #5820-95 adopted.
LDCA re parking space formulae (LDCA 94-
28)
23.0rd. #5890-95 - Amending the provisions of 23. Ord. #5890-95 adopted.
Div. 3 of Art. 5 of the City's Code of
Ordinances, adoptifl9 a revised Employees'
Pension Plan, providing for a referendum
election relating to the pension plan
24.0rd. #5894-95 - Relating to Franchise 24. Ord. #5894-95 adopted.
Agreement with Time Warner Entertainment-
Advance/Newhouse Partnership, to amend
the agreement to extend the term of the
franchise for a period of 3 months, ending on
11/1/95; amending Ord. #2085 increasing
. ..,.,.. the franchise fee paid to the City to 5 %
''"!il!)25.0rd. #5915-95 - Relating to Salary Increases 25. Continued to 9/12/95.
for the Mayor and Commissioners; amending
Sec. 2.263 (to be Cant. to 9/12/95)
26. - Citizens to be heard re items not on the Agenda
David Campbell suggested the City ask the County to enter into an interlocal agreement ra annexation
of enclaves in exchange for the reclaimed water the County is requesting.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-44) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
27. Contract for radio maintenance for Fire Department's 800 M Hz Emergency Dispatch Radio.
System to Motorola, Inc., for the period 10/1 J95-9J30J2000, at an est. annual cost of $8,754,
for a total est. $43,770 (FO)
28. Purchase of property, casualty, liability, workers' compensation, & flood insurance coverage in
an amount not to exceed $820,000 for FY 1995/96 (FN)
~9/7/95
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,,-.\29. Rescind 1/19/95 action re contract award to Sunshine Chevrolet-Oldsmobile of Tarpon Springs,
Inc. for purchase of three 1995 Chevrolet 1/4-ton maxi-cab pickup trucks for $44,937: ratify and
confirm Deputy City Manager's emergency purchase of three 1995 Ford 1/2-ton pickup trucks
from Duval Ford, Jacksonville, FL, for $43,897; financing to be provided under City's master
lease-purchase agreement (GS)
30. Ratify/Confirm City Manager's emergency purchase of 1 street sweeper from Florida Municipal
Equipment, Lakeland, FL, for $105,890; financing to be provided under City's master lease-
purchase agreement [GS)
31. Purchase of 142 Orion mobile radios from Ericsson/GE, Tampa, FL, for $446,446; financing to be
provided under City's master lease-purchase agreement (GS)
32. Contract for satellite copy machines, services & related supplies (excluding paper) to Xerox,
Tampa, Fl, for the period 11/1/95-10/31/96, at an est. $68,000 (1M)
33. Purchase of an Odetics Prophet n-p video playback system from Odetics Broadcast, Tampa, FL,
for $135,858; authorize lease purchase through City agreement (1M)
34. Contract for Jack Russell Stadium conditioning 1 strengthening building, storage building, & for
Carpenter Field maintenance building to Grosz - Stamper Construction, Inc., for $184,276.25
(PR)
35. Contract for Jack Russell Stadium elevator & ramp to Grosz - Stamper Construction, Inc., for
$146,400 (PR)
36. Contract for hauling of rock, sand & shell to be picked up at various mines & delivered to the City
by Norred Trucking, Inc., Tampa, FL, during the period 1011/95-9/30/96, for $4.75 per ton for
rock & sand, and $4.50 per ton for shell, at an est. annual cost of $56,000 (PW)
37. Renew existing contract for parking attendant services at Pier 60 & 2 S. Gulfview parking lots
with Republic Parking Systems, Chattanooga, TN, for the period 10/1/95-9/30/96, for $260,610
I"''''"} tEN)
'~,.,.. 38. Contract for 1995 Sanitary Sewer Restoration to Madsen/Barr Corp., Inc" Longwood, FL, for
$651,362.50 (EN)
39. Contract for Del Oro Storm Replacement - Phase I to Overstreet Paving Co., Largo, FL, for
$874,221.75 (EN)
40. C.O.#1 to Marina Fishing Pier Contract to Inter-Bay Marine Construction Co., Largo, FL, for
$12,411, for a new total of $134,833.45 (EN)
41 . Receipt/Referral - LDCA to modify parking restrictions in Beach Commercial districts (LDCA95-
18) (CP)
42. Receipt/Referral - LDCA to increase allowable height for fences which enclose swimming pools
and are located in waterfront or street r-o-w setback areas tLDCA95-16) lep)
43. Purchase of furnishing & installation of office furniture & misc. equipment for Municipal Services
Complex to: Wilkerson Sassman, Inc" Tampa, FL, for $1,013,674.79; Wagner Office Furniture,
Inc" Tampa, FL, for $108,960.14; CDS, Inc., Orlando, FL, for $51,977.40; and Beaux-Arts
Group, Inc., Tampa, FL, for $15,437, for a total of $1,190,049.33 and allow for an est.
contingency of $25,387.67 for shop drawings and modifications to fit building space upon
installation (eM) .
44. Approve staff ranking of RFP respondents with direction to negotiate a contract with KimleYMHorn
and Associates to study beach parking & downtown issues (EN)
....",J 9/7/95
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OTHER'ITEMS ON CITY MANAGER REPORT
45.Amendments to Harborview Center
Construction Budget - approve appropriations
for completion of Harborview Center
consisting at $560,000 tor changes in work
scope, $300,000 for completion of 3rd Floor
Restaurant, and $300.000 far upgrade in
selected item quality; for a total of
$1 .160,000 (eM)
46. Phase /I purchase of Furniture, Fixtures &
Equipment for Harborview Center, for
$299,516 (eM)
47.1995/96 Harborview Center Budget (eM)
48.1994/95 Third QUarter Budget Amendm~nts
(CM)
First Reading Ord. #5910-95 - Operating
First Reading Ord. #5911-95 - CIP
'" 49.Sandcastle on the Beach (CM)
(V~)
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. 50. Approval of City Investment Policy (FN)
51.Res. #95-74 - expressing City's intention to
be reimbursed from the proceeds of a tax-
exempt financing for certain capital
expendituresi accept GE Capital Public
Finance, Inco's proposal to provide a
$6,761,028 line of credit to cover all planned
lease purchase equipment acquisitions for
fiscal 1996; authorize all uncompleted
.equipment acquisitions previously approved
for financing under current agreement with
Barnett Bank of Pinellas County to be
financed under new agreement (FN)
52. Beautification Committee - 1 appointment
(eLK)
53. Clearwater Housing Authority - 2
appointments (CLK)
54. Environmental Advisory Board - 2
appointments (eLK)
~9/7/95
45. Approved.
46. Approved.
47. Approved.
48. Approved. Ords. #5910-95 & #5911-95
passed 1 st reading.
49. Approved with conditions.
50. Approved.
51. Approved. Res. #95-74 adopted.
52. Appointed Marcia Blakemore.
53. Appointed William Ethington. Continued 2nd
appointment to 9/21/95.
54. Appointed Whitney Gray & Alan Smith.
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. '~'?5.Neighborhood & Affordable Housing Advisory 55. Appointed Mary Myhill.
, Board - 1 appointment (ClK)
56. Planning & Zoning Board - 1 appointment 56. Appointed Frank Kunnen.
(ClK)
57. Other Pending Matters - None.
CITY ATTORNEY REPORTS
58. Resolutions
at Res. #95-68 - Assessing property located
at 1010 Railroad Avenue, J.J. Eldridge Sub.,
Blk D, Lots 39 & 40, the amount of $108 for
costs incurred by the City ordering the owner
to abate a dangerous structure IVincent M. &
Mary W. Sykes)
b) Res. #95-71 - Assessing property located
at 602 Fairmont Street, Merritt's Replat, Lot
1, the amount of $ 318 for costs incurred by
the City ordering the owner to abate a
dangerous structure (Paul S. Charles)
c) Res. #95-72 - Assessing property located
at 1260 Byron Avenue, Ardmore Place
\..,,,j;-~ Replat, lot 60, the amount of $137 for costs
'I,~ incurred by the City ordering the owner to
abate a dangerous structure (William Clarida)
d) Res. #95-73 - Assessing property owners
the costs of having mowed or cleared
owners' lots
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59. Other City Attorney Items ~ None.
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60. City Manager Verbal Reports - None.
a} Res. #95-68 adopted.
b) Res, #95-71 adopted.
c) Res. #95-72 adopted.
d) Res. #95-73 adopted.
61 . Other Commission Action
,Justice expressed concern re play to be at Ruth Eckerd Hall in December being advertised as
containing nudity, etc. City Attorney to review.
a~rfield thanked Mr. Clark for bringing tower location concerns to the Commission's attention.
Garvey'reported complaints lodged by Julie Nicols have been 'addressed. She referenced 8 letter
from Largo Mayor Feaster re legislation re annexation of enclaves. Letter of support to be
drafted. She stated staff will respond to a complaint from Herb leonhardt.
62. Adjournment - 1 :23 8.m (9/8/95)
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CITY COMMISSION MEETING
September 7, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, September 7, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
Willlam Justice
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Engineer
City Clerk
Board Reporter
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The Mayor called the meeting to order. The invocation was offered by Father Edward J.
Mulligan of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards ~ None.
ITEM #5 - Presentations
a) Bordner Survey ra C-View 35
Diane Bordner said a multi-method approach was used to examine the community's
awareness, perception and expectations for C-View 35. She said three focus groups were
conducted: one group watched C~View 35 eight or more times a month; one watched C~
View 35 less than eight times per month; and one group was made of professionals fram
the Tampa Bay area. During the beginning of each focus group, they reviewed the
direction' of government access television. She said excerpts of C-View 35 programming
were presented and the tourism promotional video was shown. A phone survey of 400
randomly selected Clearwater residents also was done.
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--.., The biggest complaint was from viewers who were unable to see the visual aids
used at meetings. The focus groups and telephone survey indicated citizens agree
government access television should provide information to the citizens. The respondents
liked watching a live uncensored environment. The primary reason people view C-View 35
is to gather information. The second reason is to watch City Commission meetings to be
certain the Commission is spending taxpayerst money appropriately. She said citizens
indicated C-View 35's top priority should be covering the City Commission and other
important board meetings. Beyond that, citizens expressed an interest in a variety of
programming and content including reports on City problems and resolutions. Dr. Bordner
said respondents suggested more interviews with City officials, additional coverage of City
events and a review of City departments and how they work. She said the survey
indicates citizens feel C-View 35 clearly meets their expectations with current
programming and planned programs. Citizens do not hold C-View 35 to the same quality
standards as broadcast television and would be upset if they perceive it is "too slick:' She
reported the professional group gave the station high marks and indicated C-View 35 is
doing a better iob than they are.
Dr. Bordner indicated the data clearly shows a lack of awareness of C-View 35,
noting only 31 out of 400 could identify C-View 35 as Clearwater's government access
television station. She said the survey also indicated a lack of awareness regarding the
station's range of programs. To meet citizen expectations, she recommended continuing
to emphasize the station's quality and range of programming. She said the station is of
value to the community and felt it will be more valuable if provided with the resources it
needs.
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Commissioner Justice questioned when the survey was taken. Dr. Bordner said the
focus groups were done in July 1995 and the survey in July and August 1995. She noted
the professionals interviewed said the station is headed in the right direction and staff is
doing an exceptional job. The Mayor complimented staff.
Commissioner Johnson questioned what type of programming was preferred. Dr.
Bordner said the broadcast of meetings as wells as information on departments and City
programs.
b) Bordner Survey re Clearwater Beach
Dr. Bordner reported an increase in the number of European visitors in May versus
December. She said many indicated they had booked a package through a travel agent
that included two weeks at Disney World and one week on Clearwater beach. She
indicated the red tide prevalent at the time of the survey did not negatively affect visitors'
opinions. She said she found no statistically significant difference when she compared
data regarding the average Clearwater beach visitor with county visitors highlighted in
County data. She recommended against spending additional money to survey Clearwater
visitors on a monthly or quarterly basis.
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'- ITEM #6 - (Cont. from 8/17/95) Memorial Causeway Bridoe Feasibilitv Study ~ accept
report in order to set "groundworku for project, direction requested to proceed re funding
source & future design study type
The City Commission directed staff to initiate preliminary design of a replacement
bridge for the current Memorial Causeway Bridge based on the antiquated laneage and
bascule design. Current vehicular demands and resultant economic impacts will lead to a
functional obsolescence of the bridge structure. The preliminary design commenced when
the City contracted HDR Engineering, Inc. to aid the City in the selection of feasible
corridor alignments and the evaluation of various bridge types. The report represents the
culmination of two public workshops, meetings with the Florida Department of
Transportation (FOOT) I the Community Redevelopment Agency (eRA) and Metropolitan
Planning Organization (MPO), and hours of data collection, planning and design.
The City Commission indicated they preferred the Pierce Boulevard alignment and
requested the City Engineer come back with a revenue analysis including toll, bond issue,
State and Federal funding.
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City Engineer Rich Baier said this project is one of the most important issues facing
Clearwater. The Memorial Causeway Bridge conveys an average of 37,900 vehicles per
day. The existing Level of Service (LOS) on the bridge is "C/O" on an A-F scale. This
rating does not consider bridge malfunctions, breakdowns and openings. He anticipated
future growth would increase traffic to 50,000 vehicles per day and result in a LOS of ElF.
He said the current bridge Jacks appropriate lane widths, sidewalks and barrier walls
between pedestrians and traffic. He noted the bridge is part of the evacuation route and
said an average of two malfunctions occur per month. The bridge's design speed is 35
mph while most bridges are designed for speeds of 45 mph. Mr. Baier said the benefits of
a new bridge outweigh the cost of leaving it as it is and repairing it.
Larry Weatherby of HDR reviewed the feasibility study and noted nine alternatives
were reviewed. He said a benefit cost analysis indicated over a 25 year period, the benefit
of a new bridge would be $1 5-million ~hile the estimated cost is $11 ~million. He indicated
a Project Development and Environmental Study (PD&E) will make certain the project
meets all requirements and enable it to qualify for federal funds, jf any are available. He
said much of the design work as well as gathering public input have been completed. He
said a federal project would take a minimum four and a half years; a State project would
take less time; and a local project would take a minimum of three years. If the road
remains a State road, the City would need State and Federal approval to install a toll
facility. Mr. Weatherby outlined the negatives of tolls but noted they are possible.
Tom Thompson of HDR said he reviewed funding options. He noted the bridge is
currently part of a State road that is a principal arterial route on the Federal Urban System.
Although it can be transferred to the City, the main reason it is part of the State system is
because it is a main evacuation route. He said all would have to agree to the transfer. Mr.
Thompson said the pros for City ownership include the bridge would be a logical State
system terminus and the City can control the bridge and its access, making it simpler to
construct a new one. He said the negatives include City responsibility for maintenance
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costs, the loss of eligibility for State and Federal funding, the requirement to maintain it as
an evacuation route and City liability.
Mr. Thompson indicated the bridge fund is controlled by the State. He said the
State now only considers funding replacement of bridges with structural problems. He
reviewed the funding options indicating most of the funds are spoken for already. It is his
experience that which funds will be available cannot be anticipated. He said money comes
to projects that are ready. The MPO selects the priorities for surface transportation
program projects. He said the feasibility study shows going ahead with the project would
be beneficial. The difference between locally and State or federally funded projects is
about 15 months. He said there are many funding options but they become limited if the
City owns the bridge.
Mr. Baier stated staff's recommendation: 1) leave the bridge on the State and
Federal system; 2) follow the Federal and State requirements for planning and designing a
new bridge to maintain eligibility for federal and State funding; 3) authorize the PD&E
study phase of the project; 4) request the MPO consider making this a high priority project
in its Transportation Improvement Program; 5) Begin discussions with the County and
State to develop a mutual funding strategy to construct the bridge as early as possible;
and 6) reevaluate this approach near the end of the PD&E study.
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Commissioner Johnson questioned if State funded repairs scheduled for 1996
would continue. Mr. Baier said if the City makes a commitment to rebuild, the repair could
be delayed. deferred or eliminated. He reported the contractor hired for the project has
filed for bankruptcy protection. Commissioner Berfield expressed concern regarding safety
issues. Mr. Baier said the planned repair work was to ensure several more years of service
and there are not safety concerns. Commissioner Berfield questioned if the $2~million the
State planned to spend on the bridge IS repair could be shifted to replacement. Mr.
Thompson said repair and construction are different types of funding. He said his
experience indicated if the City approached the State with an opportunity, it was likely the
State would cooperate. He said if FOOT sees the City is moving forward with a new
bridge. they will reevaluate what is needed to keep the bridge operating properly and spend
some of the designated $2-million for those repairs.
Commissioner Thomas said State funds are not transferable from repair to new
construction. The Mayor said a new bridge would be to the State's advantage.
Commissioner Thomas questioned the difference in cost between a City study and
a PD&E. Mr. Baier estimated a PO&E would cost between $1.2 and $1.5-million; a State
Environmental Impact Report (SEIR) would cost $800.000. He suggested the City may run
into a snag doing a local study if the Coast Guard decides to act as the lead agency and
require additional studies.
Commissioner Thomas said if the City does a local study, it would save $600,000
when compared with a PD&E. Mr. Baier noted the City does not know how extensive the
study needs to be.
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In answer to a question, Mr. Weatherby estimated the time it would take to get
ready to build a bridge would range from three to four and a half years, depending on
studies and funding. Commissioner Thomas questioned why the minimum estimate had
increased by one year. Mr. Baier said his two year estimate was based on a design build
versus a bid then build process. Mr. Thompson said the minimum estimate could not be
met if the Coast Guard becomes involved. Mayor Garvey questioned if the Coast Guard
had to be involved. Mr. Baier stated the Coast Guard can elect to be involved.
Commissioner Thomas said if no changes were planned for the channel and the bridge was
at least 65 feet high, the Coast Guard would have nothing to review.
Commissioner Thomas questioned how long the bridge would take to build. Mr.
Baier and the consultants estimated construction would take approximately two and a half
years if no snags occur and a design build approach is used. Commissioner Justice
questioned the best case should the City attract Federal funding. Mr. Thompson estimated
studies for a federally funded project would take four and a half years plus construction
time. Commissioner Thomas questioned the odds of receiving federal funding tor this
project. Mr. Thompson said no one would know until the federal process was followed.
He said if the City has a project ready, the State and Federal governments tend to find
money for it. Commissioner Thomas did not think State or federal funds will be available
to build the bridge. He felt doing a PD&E was a gamble with poor odds.
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Commissioner Johnson questioned how much funding the City could expect after
completing a PD&E. Mr. Thompson estimated federal funding could cover 75% to 80% of
construction costs with the State covering the remainder. He said the City may only have
to pay the costs of the PD&E.
Commissioner Berfield expressed concerns the MPO plan for a six lane bridge is
impractical. Mr. Weatherby agreed a six lane bridge would have many disadvantages. The
Mayor suggested starting the process by requesting the MPO to correct this discrepancy.
Mr. Baier said the MPO is aware of the inconsistency. He did not think any problems
would result from the City's desire to build a four-lane bridge based on the MPOs
recommendation for a larger one.
Mayor Garvey questioned why the City has not approached the MPO regarding this
recommended change. Mr. Baier said further analysis is needed to show the MPO analysis
is too conservative. Mayor Garvey questioned if staff can complete that analysis. Mr.
Baier said they could but indicated this issue would be addressed in the PD&E or SEIR
study.
Commissioner Thomas said the issue is if the City wants to repair the bridge or
build a new one. He recommended if the City chooses to construct a new bridge, they
build it the quickest and least expensive way. He requested the City Commission support
his resolution regarding this issue. Commissioner Johnson expressed concern the
resolution calls for tolls if Penny for Pinel/as is not renewed. He is opposed to tolls.
Mayor Garvey presented her resolution regarding this issue. She said she opposed
tolls and suggested the City Commission may consider an option not to build a new bridge
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~, because the timing may not be right. She indicated she preferred pursuing a PD&E to keep
all funding options open to the City.
Commissioner Justice suggested a compromise between the two proposals. He
said he was against tolls but would consider Commissioner Thomas' proposal regarding
parking. Commissioner Thomas said if no backup funding source exists, the project could
not progress. Commissioner Justice said he spoke with many people who indicated they
oppose tolls. Mayor Garvey suggested this project could be a reason for citizens to
support renewal of Penny for Pinellas.
Commissioner Berfield questioned if the bridge could qualify for Penny for Pinellas
funds if a PD&E is not done. Mr. Baier indicated it would. 'The City Manager said the City
has expended all Penny for Pinellas funds through 2000. She said if that funding source is
renewed, funding for City projects can be redistributed.
Commissioner Berfield questioned where the City would be if Penny for Pinellas is
not renewed. Mr. Baier said the City would be out the cost of the study. Commissioner
Johnson questioned if the project would be bondable if a PD&E is done. The City Manager
said the project would have to be bonded even if funding came from Penny for Pinellas.
She noted elements in the studies are common. She recommended starting with a PD&E
and reviewing the project's progress in January to see if the City Commission wants to
continue. .
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Commissioner Thomas moved to accept the feasibility report. The motion was duly
seconded and carried unanimously.
Mr. Baier requested direction regarding the type of study staff should pursue.
Glen Johnson noted a central issue of the discussion related to funding and
suggested finding a cost center. He referred to the current Clearwater Pass Bridge and
noted, when its replacement is completed, the current bridge could provide funding for the
Memorial Causeway bridge if the City Commission would allow him to develop the bridge
with a retail complex topped with the world's largest lighthouse.
Commissioner Thomas questioned if a SEIR could be expanded to a PD&E. Mr.
Weatherby said that would be possible if the SEIR is done to the same standards as a
PD&E. Commissioner Thomas questioned if local data would be useable if a local study
were upgraded to a SEtR or PD&E. Mr. Thompson felt the City would waste more funds
starting at the local level rather than a higher one.
Mr. Baier reiterated he would rather start a PD&.E and pause in January to review
funding possibilities. He suggested, at that point, the City Commission could decide if they
wanted the study scaled back. He said most of the work completed by that time would
have to do with data collection.
Commissioner Thomas questioned why staff recommends keepiny the bridge on the
State system which is the most expensive option. Mr. Baier said he was not convinced
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the City could not get funding for this project from the County or State. Mr. Butler
suggested the Commission approve a SEIR and try to attract State funding. He said it
would not be difficult to upgrade the study to a PD&E.
The Commission recessed from 8:00 to 8:15 p.m.
Mr. Baier noted the SEIR and PD&E are similar at ground level. He suggested the
Commission direct staff to begin a SEtR and pausing after four to six months to see if
funding has been attracted to the project. Mayor Garvey suggested staff encourage the
County to get the Penny for Pinellas extension before the voters as soon as possible.
Commissioner Thomas suggested staff recommendations begin with #3 and
indicate a SEIR instead of a PD&E. The Mayor noted staff may want to evaluate the study
at intervals relating to significant points.
Commissioner Thomas moved for the project to move forward as quickly as
possible to build a high span bridge on the Memorial Causeway, to add culverts to the
causeway to address harbor water pollution, to include parking, to start a SEIR, to request
MPO identify this project as high priority to encourage the County to place renewal of
Penny for Pinellas before the voters as soan as possible, to begin discussions with the
County and State to develop a mutual funding strategy to construct the bridge as early as
possible and to reevaluate this approach near the end of the SEIR.
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Mayor Garvey questioned why the motion was complicated with references to
parking and culverts. Commissioner Thomas said all the problems on the table need to be
resolved by studies. Mayor Garvey noted the City Commission has already taken action
regarding parking and the culverts.
The motion was duly seconded.
Commissioner Thomas said the City Commission could address those issues after
the SEIR has been completed. Mayor Garvey expressed concern those issues were already
addressed.
Commissioner Thomas amended his motion so the timing of staff's reevaluation
would be based on staff's recommendation. The seconder agreed.
Upon the vote being taken, Commissioners Berfield, Thomas, Johnson and Justice
voted "Aye"; Mayor Garvey voted "Nay." Motion carried.
ITEM 1/7 - Approval of Minutes
Commissioner Berfield referred to page 9, paragraph three, sentence 2, and noted
the word uhelt should be removed; to page 11, paragraph one, sentence 2, and noted the
phrase should read It ...could change to a use permitted... It; and to page 12, paragraph five,
sentence five and requested the language be clarified regarding the buffer.
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Commissioner Thomas moved to approve the minutes of the regular meeting of
August 17, 1995. as corrected. The motion was duly seconded and carried unanimously.
lTEM 118 - Citizens to be heard ra items not on the Aaenda
GI!3n Johnson said he had made an earlier proposal to the City Commission
regarding a project to use the current Clearwater Pass Bridge for the worldls tallest
lighthouse and retail center. He suggested the development would be cultural. He said he
could not explain the details and objects pertaining to the project in three minutes. He said
the project is not limited to doing something with the existing bridge. Mr. Johnson
distributed prints of his idea and requested the City Commission reconsider.
Bob Clark referred to the proposed tower on the beach and expressed concern
regarding zoning and land use problems. He felt the public opposes construction of a
tower on land currently zoned preservation. He pointed out the City Commission had
approved rezoning the land Recreation/Open Space. The City Charter prohibits leasing
Recreation/Open Space land without a referendum. He felt Clearwaterls beaches are as
great an asset to the City as the bluff. He suggested the City Commission give voters a
voice in this decision.
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Mayor Garvey questioned why this issue had not been raised. Mr. Shuford said
staff had not brought this forward as a Charter consideration because they had not
anticipated this use. He said it was known that zoning changes and adjustments would be
required for the tower.
Commissioner Thomas questioned if the tower is a referendum issue. Mr. Shuford
said a referendum would not be required currently because it is possible to lease property
zoned Preservation. He said the Open Space/Recreation land use designation is not in
place at this time.
Commissioner Berfield said it was staffls responsibility to have advised the
Commission this decision required a referendum. Commissioner Thomas noted the
Commission is acting legally but questioned the impact of the proposed Open
Space/Recreation zoning on the tower proposal. Mr. Shuford stated the impacted area
would be added to the properties requiring a referendum to lease.
Commissioner Thomas requested the total issue be addressed. He said when the
Commission voted to change to Open Space/Recreation, the tower was not an issue.
Mayor Garvey said a determination was made some years ago that the City Commission's
first action on a zoning issue signaled the Commission IS intent. She said it would not be
right for the Commission to do anything but stop the process or schedule a referendum.
Commissioner Johnson noted a request for a lease in excess of five years was
discussed when the tower issue was addressed. The City Attorney said the leasing of land
designated Open Space/Recreation requires a referendum while its current designation of
Preservation permits leasing. Commissioner Barfield questioned which request had been
made first. The City Attorney said the issues of consistency have been in process for a
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-........ long time. The Mayor noted the property is being brought into conformance with the
County land use plan. Mr. Shuford said the Charter requirement was not considered when
the land use plan was reviewed.
Commissioner Thomas questioned which land on Clearwater beach will retain its
Preservation zoning. Mr. Shuford said zoning of the north beach area north of the Palm
Pavilion, where no active recreation occurs, remains Preservation. He said Preservation is
intended to maintain its natural state and not be an attraction to people.
Consensus was to discuss this item at the next Work Session.
Rev. Flovd Erwin said God has forgiven Susan Smith. He said Mrs. Clinton needs
our prayers and all members of the party who went to China should have a physical
examination. He warned Tide detergent may cause infections that can be misinterpreted
as molestation. The Mayor requested he address City issues in the future.
Bob Wriqht referred to his recent letter regarding the water supply. He said it was
important to note Clearwater is the last local city not distributing reclaimed water. He
complimented the City Engineer for attempting to implement Phase I. He said the City
should pursue the steps he listed in his letter. He urged the Commission not to wait far
the County government to address water problems. Mayor Garvey requested Mr. Wright
to encaurage his fellow Island Estates' residents to support the plan ta distribute reclaimed
water to their neighborhood. Mr. Wright expressed concern regarding the level of apathy.
(;::'0) Breck Parker said City Commission positions should be full time with an annual
salary of $35,000. He expressed concern the accomplishments of a part time Commission
resulted in many staff failures. He recommended a full time watch dog Commission.
Curtis Jenny expressed concern regarding the proposed tower and its significant
height. He said tourists are looking for a more natural setting. He thought the new park
planned for the beach was excellent legislation. He thanked the Commission for giving
their time to the City and for doing their best.
.
Jack Alvord said Clearwater is running out of commercial land and expressed
concern many mobile home parks eventually will be rezoned cammercial. He announced
the formation of a Save our Neighborhoods Fund and welcomed donations ta NationsBank
on McMullen-Booth Road. He said those who wish to verify money is going to this cause
can call. He said funds will be used for the single purpose of fighting encroachment on
residential neighborhoods.
Patricia Parker questioned if the Commission is required to follow City codes and
plans. She expressed concern the City may end up in court spending taxpayers' money if
the City does not adhere to their codes and plans.
P~BLlC HEARINGS
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..-.., ITEM #9 . Public HearinQ & First ReadinQ Ord #6893-95 - RPD Zoning for property located
at 1551, 1555, 1559, 1563. 1567 & 1571 Druid Rd.. Druid Groves Sub.. Blk A. lots 1.6
& 1/2 vacated street (Clearwater Community Hospital, Z95.06)
The property is approximately 310 feet west of lake Drive and 670 feet east of
Highland Avenue. The request is in response to a condition of the Residential Planned
Development (RPO) zoning to the South that the entire site be brought into a single zoning
classification. last year the six lots on the south side ot Druid Road trom the east property
Una of Clearwater Community Hospital to Crest Avenue were rezoned Multiple-Family
Residential UEight" so the present parking lot could be constructed. The parking lot is
substantially completed and is being used. The property to the West has a Future land
Use Plan Classification of Institutional. Lots to the North, east and south have a Future
Land Use Plan Classification of Residential Urban and are zoned Single-Family Residential
"Six."
The applicant, Clearwater Community Hospital, wishes to obtain a zoning change
for the north properties to bring the total development under one zoning district. They
wish to comply with the condition of approval that requires them to rezone Lots 1 through
6 and the adjacent vacated right-of-way on the West to RFD. The Future Land Use Plan
Classifications of Institutional and Residential Urban would not be changed.
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The revised site plan includes a six-foot high masonry wall along the south side
(Jasmine Way) that continues around the corner of Crest Avenue for approximately fifty
feet. The wall is to be solid and alternate at approximately 60-foot intervals from next to
the property line to a five-foot set back. A continuous hedge with interspersed trees is to
be planted on the road side of the wall as buffer landscaping.
On August 15, 1995, the Planning & Zoning Board unanimously endorsed the
proposed Zoning Atlas Amendment.
Commissioner Thomas moved to approve application for Zoning Atlas Amendment
to Residential Planned Development for Lots 1 through 6, Block A, Druid Groves and 1/2
vacated street. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5893-95 far first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5893-95 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 #10 - Public Hearing & First Reading Ords #5891-95 & #5892-95 - Land Use Plan
Amendment to Institutional & PIS? Zoning for property located at 1920 & 1924 Douglas
Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional
Church of America, LUP95-22, 295-05)
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The subject property is approximately 350 feet north of Sunset Point Road. This
application covers two parcels adjacent to land presently owned by the applicant, Hellenic
Orthodox Traditional Church of America. The church needs space to expand its facilities
to include a proposed child day care. They intend to combine these lots with their
adjacent property to the South zoned Public/Semi-Public (P/SP). lot 27 is vacant. Two
run-dawn single family houses located on Lot 26, immediately north of the church building,
will be razed. The subject lots are zoned Multiple-Family Residential "Eight" (AM-B) and
have a land Use Plan Classification Residential Urban. Although child day care is neither a
permitted nor conditional use in the RM-a zoning district, it is a conditional use in the PIS?
district. It is proposed to rezone the property. The Future land Use Plan Classification of
Residential Urban would be changed to Institutional to conform with the Future Land Use
Plan for the south property.
Properties to the North and east have a Future Land Use Plan Classification of
Residential Urban, zoning of Multiple-Family Residential "Eight" and have a mixture of
residential types. The size of the combined lots is under ana acre, the minimum lot size for
P/SP. The proposed amendments would expand the existing P/SP district south. The
proposed day care can be considered by the Planning & Zoning Board as a conditional use
if the proposed Futuro Land Use Plan and Zoning Atlas Amendments are approved.
On August 15, 1995, the Planning & Zoning Board unanimously endorsed the
proposed Future land Use Plan Classification.
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George Nikitikes, representative for the applicant, said the church wishes to
expand.
Commissioner Barfield moved to approve the application for Future land Use Plan
Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi Public far Lots
26 and 27, Block G, Sunset Point 2nd Addition. The motion was duly seconded.
Judy McKeever said her back and side yards are next to the church. She said she
had a number of concerns regarding the church's plans and the resulting effect on traffic
and noise control in the parking lot beneath her bedroom window. Mr. Shuford said this
concern can be addressed during preparation of the required site plan.
Curtis Jenny said he lives across the street from the church and noted problems
resulting from traffic egressing their existing parking lot that enters Springtime Avenue.
He expressed concerns the proposed daycare will increase traffic on Springtime Avenue
and cause his neighbors to be inconvenienced. He said the intersection of Springtime
Avenue and Sunset Point Road is dangerous. Mr. Shuford said the church would have to
appear before the Planning & Zoning Board (P&Z)and obtain a Conditional Use Permit
before opening a day care center. Mayor Garvey questioned if the ingress/egress would be
off Douglas Avenue. Mr. Jenny expressed concern that plan may change.
Commissioner Thomas questioned if any neighbors had been notified and appeared
before the August 15, 1995 P&Z when this issue was discussed. Mr. Shuford said
neighbors were notified but suggested none appeared because the meeting is held in the
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afternoon. Commissioner Thomas questioned if this approval would provide the church
with tacit approval of their proposed use. The City Attorney said day care requires a
Condition Use Permit approved by the P&Z. Commissioner Thomas questioned the
automatic uses permitted. Mr. Shuford said construction would have to meet development
standards, even if it is only an addition to the church.
Upon the vote being taken, the motion carried unanimously.
The City A ttorney presented Ordinance # 5 891 ~9 5 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5891 ~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 #5892-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5892-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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.....,j ITEM #" - Public Hearing & First Reading Ords #5901 -95 & #5902-95 - Land Use Plan
Amendment to Commercial General & CNG Zoning for property located at 1105 Engman
St., Greenwood Park No.2, 81k E, lot 31 (Dorsey, lUP95-25, Z95-07)
The subject property, approximately' 30 feet east of North Greenwood Avenue, is
contiguous to the North Greenwood Commercial zoning district. The applicant states the
property has been used continuously as a beauty salon for more than 20 years. The
property is zoned Multiple-Family Residential "Twelve" and has a land Use Plan
Classification of Residential Medium. A beauty salon is a personal service that is not a
permitted or conditional use in a Multiple-Family Residential "Twelve" zoning district. The
present use is nonconforming and cannot be replaced. The property cannot be improved
because of limitations imposed by the dimensional and numerical development
requirements of the current zoning district. The applicant wishes to obtain a zoning
change to bring this nonconforming use into conformity and to allow future improvements.
It is proposed to rezone the property North Greenwood Commercial (CNG). The Future
Land Use Plan Classification of Residential Medium would be changed to Commercial
General to conform with the Countywide Land Use Plan on the west property.
The properties to the North, east and south have a Future land Use Plan
Classification of Residential Medium, zoning of Multiple-Family Residential "Twelvel; and
are a mixture of residential types. Properties to the West have a Future land Use Plan '
category of General Commercial and a zoning of North Greenwood Commercial. The
Florida Center for Community Design and Research recently completed a study of the
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North Greenwood Commercial district that indicates a need for greator flexibility in
allowable land uses and dimensional and parking requirements. The City Commission has
considered the revision of these requirements and recently adopted an ordinance to amend
certain development requirements as they affect the North Greenwood Commercial
District.
The proposed Future Land Use Plan and Zoning Atlas Amendments are being
requested to enhance the flexibility and would be an expansion of the existing CNG district
to the West.
On August 29, 1995, the Planning & Zoning Board unanimously endorsed the
proposed Future Land Use Plan Amendment.
Commissioner Barfield moved to approve the application for Future Land Use Plan
Amendment to Commercial General and Zoning Atlas Amendment to North Greenwood
Commercial for Lot 31, Block E, Greenwood Park no. 2. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #5901-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance 1/5901-95 on first 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.
The City Attorney presented Ordinance #5902-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5902-95 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 #12 - Variance(s) to Siqn Regulations for orooertv located at 1284 S. Missouri Ave.,
Sec. 22-29-15, M&B 21.15 (Frederick & Evelyn Dunn I Art Warehouse, SV95-38)
The applicant is requesting an area variance of 64 square feet to allow attached
signs with an area of 1 28 square feet. The subject property is north of Lakeview Road on
the west side of Missouri Avenue. The variance is requested to permit replacement of
existing nonconforming signs with new signs.
Art Warehouse has no freestanding sign because the building is 10 feet from the
Missouri Avenue right-oJ-way and would block it. The business must rely on attached
signs for identification. The applicant requests two signs totaling 128 square feet when
64 square feet are permitted. The applicants propose to affix one sign on the north face
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of the building and one on the south side where each will face oncoming Missouri Avenue
traffic.
Special circumstances support approval. Under General Commercial zoning I this
property is allowed a 64 square foot freestanding sign. The applicants expressed a
willingness to forgo placement of a freestanding sign on this property. They request
permission to transfer the freestanding area allocation to attached signage. The City's
aesthetics are affected less by attached signs that by freestanding ones. As the applicant
proposed to place the signs on opposite building faces, no more than 64 square feet of
sign area can be viewed at one time. Staff feels the requested variance is minimal and will
enable the applicants to reasonably identify the business and respect the City's aesthetic
interests
Frederick Dunn verified photographs of the property presented him by Mr. Shuford.
He said the building is only 10 feet from the property line and indicated his request is to
locate his freestanding sign space on his building.
Commissioner Berfield questioned when Mr. Dunn moved his business to the
present location. Mr. Dunn said 15 years ago. Commissioner Berfield questioned if his
current signage was in conformance then. Mr. Dunn said he received permission at the
time and indicated the present signs have not changed in 1 5 years. He said his problem
was being located next door to a nearly empty mall.
Commissioner Thomas noted a freestanding sign permits a total of 128 square feet
L:,":~.,) of signage. Mr. Shuford said that was true if both sides of the sign are counted.
Commissioner Thomas noted this request was for less square feet of signage than allowed
by code. He expressed concern regarding the number of signs in the windows. Mr.
Shuford said those were incidental signs. Mr. Dunn said he is permitted to have temporary
signs in the windows. Mr. Shuford agreed. Commissioner Thomas questioned if Mr. Dunn
understood he had to conform with the City's sign code regarding temporary signs. Mr.
Dunn indicated he knew window signs must be changed every 30 days. Commissioner
Thomas noted window signage can only cover a percentage of the window.
Commissioner Thomas moved to approve an area variance of 64 square feet to
allow attached signs with an area of 128 square feet on property identified as Sec. 22-29-
15, M&B 21.15, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to
the following condition: No freestanding sign shall be placed on this property. The motion
was duly seconded and carried unanimously.
ITEM #13 - Variance(s) to Sian Regulations for DrODertv located at 3166 McMullen Booth
Rd., Bethel Lutheran Church, Lot 1 (Bethel Lutheran Church. SV95-36)
The applicant is requesting a 4.5 foot setback variance from the required 5 feet to
allow a freestanding sign 0.5 feet from the McMullen-Booth Road right-af-way. The
subject property is south of Briar Creek Boulevard on the west side of McMullen-Booth
Road and is zoned Public/Semipublic. The sign will be used to identify Bethel Lutheran
Church. Staff feels the variance is supported by the standards for approval because of the
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irregularity of the McMullen-Booth Road right-of-way that skews 30 feet to the East at the
north end of the subject property allowing the neighboring property to the North to have a
sign 30 feet closer to the road. As a consequence, the Bethel Lutheran Church sign is at a
disadvantage competing for the view of motorists on McMullen-Booth Road. Staff feels
the requested 4.5 foot setback variance is minimal to provide partial relief for this applicant
\
Landon Wetzel, chair of the church's planning committee, said the property is only
accessible from the North.
Commissioner Berfield moved to approve a setback variance of 4.5 feet from the
required 5 feet to allow a freestanding sign 0.5 feet from the McMullen-Booth Road right-
of-way, on property identified as Bethel Lutheran Church, Lot 1, for meeting Sec. 45.24
Standards for Approval, items (1) - (4), subject to the following condition: By constructing
a sign within the street setback pursuant to the variance, the owner and applicant agree
that no governmental agency shall be liable for the cost of relocating or removing the sign
in the event the property is acquired by eminent domain for road widening or any other
public purpose. The motion was duly seconded and carried unanimously.
ITEM #14 - (Cont'd from 08/17/95) Variance(s) to Sign Regulations for orooertv located at
2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33)
The City Manager reported the applicant has requested a continuation.
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Commissioner Johnson moved to continue the item until October 5, 1995. The
motion was duly seconded and carried unanimously.
ITEM #15 - Public Hearing - Res. #95-69 - approving public improvements benefiting
property in City's Special Assessment District No. 95-1, levying special assessments for
cost thereof on property in said district, confirming final assessment roll, & confirming
City's intent to issue bonds to finance the project (FN)
On July 7, 1993, a ballot was submitted to Sand Key property owners asking if
they favored underground utilities and were willing to pay a fair share of the assessed
costs. 59.64% of the property owners responded. 72.09% of those responding favored
the project. Based on this request, the City began planning to bury the power lines and
replace the street lights on Gulf Boulevard on Sand Key. The project's cost is estimated to
be less than $1.4-million and will be allocated to non-government Sand Key property
owners in proportion to the full assessed value of their properties as of January 1, 1994,
regardless of exemptions. Benefits include safety (no downed power lines) and the ability
to receive electrical power during storms with high winds.
The January 1, 1994 assessed value was the most recent valuation available when
the project had to proceed. Once the value date was selected, it had to be used for the
project. The City proposes to issue bonds or obtain a loan to finance this project pending
collection of the special assessments. The estimated cost of the project is $1,098,000,
approximately 80% of $1.4-million. The additional $302,000 will cover bond financing
including issuance costs, capitalized interest and funding a debt service reserve. Once the
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assessment is approved, property owners wlll be able to prepay, prior to the issuance of
the bonds, at 80% of their assessment amount. Others will be billed 100% of their
assessment through the tax collector over 10 years at an interest rate of 1 % for
administrative costs over the rate of the bonds. Once the project is complete, those who
prepaid will be refunded the difference between their share of the actual project cost and
the amount they prepaid. Once the bonds are paid in full, those who paid over time will be
refunded the difference between the amount they paid and their share of the actual project
and bond financing costs.
Finance Director Margaret Simmons reviewed the background of this issue.
Concerns have been expressed the assessments are based on the January 1, 1994
assessment. She reported although some assessments would be lower if the January 1,
1995 roll is used, the difference is not significant.
Bernie Brown, representative for Harborage II Condominiums, said the lines already
are buried on the three streets in his area and suggested the proposal offers no
improvement for his neighbors. He said in the survey, only 43% of the residents indicated
they favored the proposal. He felt assessing the tax on boat slips is ridiculous.
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Jim Warner, President of the Sand Key Civic Association, said Gulf Boulevard was
impassable due to downed power lines following the nNo~name" storm of March 1993 and
Harborage residents could not egress their property. He said the area would be much safer
in the event of a storm after the power lines are buried. He thanked the City Commission
for their support.
AI Lijewski, past president of the Sand Key Civic Association, said this request was
made years ago. He said 60% of the residents responded to the survey. He noted all
residents had the right to vote and should have exercised it. He noted 7 2 % of those who
replied, favored the project and indicated they were willing to pay their fair share. He said
basing the assessments on the tax rolls is fair. He said there is no significant reason not to
approve.
Commissioner Justice questioned if the Sand Key Civic Association represented all
Sand Key residents. Mr. Lijewski said it did not but indicated the ballot went to every
Sand Key property owner. Commissioner Justice questioned if the board meetings had
. been properly advertised to the public. Mr. Lijewski said that had been done. He said not
one condominium development has more residents who oppose this issue than approve it.
Mr. Brown said 100% of the owners in Harborage II who responded to a survey in
the lobby opposed the project. He submitted a list of the owners' signatures.
Nicholas Fritch said he voted against the issue in 1993, but recognizing the
democratic process, urged the Commission to approve the item.
Bob Henion said the ballot was mailed to all owners and noted even overseas
owners responded. He said the amount of the assessment is consistent with the estimate.
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~-., He said lists in lobbies are not as detailed or complete as the ballot process that was
done.
Allan Baker, Ultimar I Association President, said their principal concern is not to
object to enhancing the area's beauty but with selective taxation. He said US Steel's
assessment is based on vacant property. He said basing the assessment on the 1995 roll
would result in more than a $30 savings per resident. He said a more recent roll now is
available. He requested a more equitable distribution of the assessment.
Sylvia Alberdi said the residents' primary concern is the protection of their buildings
for which assessments are currently being imposed. She said this added assessment is an
additional burden for residents who cannot afford it. She requested the Commission delay
action for a while. She said this assessment is being proposed to make an aesthetic point.
Mayor Garvey noted when the power lines were down after a storm, residents were
unable to move, therefore this is more than an aesthetic issue.
Commissioner Thomas referred to the low assessment on a building under
development and questioned if it were possible to recalculate that assessment. Ms.
Simmons said the City must use one assessment roll and stick with it. She said the whole
procedure would need to start again if a new assessment roll is chosen. Commissioner
Thomas questioned the cost of such a delay. Ms. Simmons :,'Oid the biggest problem
would be the delay of the project. She said the costs would increase.
Commissioner Johnson moved to approve public improvements benefiting property
~:'~~ in the City of Clearwater Special Assessment District No. 95-', levying special
assessments for the cost thereof on property in said district, confirm the final assessment
roll, and confirming the City's intent to issue bonds to finance the project and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously. '
The City Attorney presented Resolution 95-69 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution /I 95-69 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"A yes": Barfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #16 ~ Public Hearinq - Res. #95-70 - setting forth City's intent to use the uniform ad
valorem method of collection of a non-ad valorem assessment for Special Assessment
District 95-' {FN}
Resolution 95-69 established Special Assessment District 95-' to pay costs related
to burying power lines along Gulf Boulevard on Sand Key. Section 197.3632, Florida
Statutes, provides for the uniform ad valorem method of collection of a non-ad valorem
special assessment. Under this method, the special assessment is billed and collected
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through the County Tax Collector. This assessment involves 2,855 parcels. City staff
determined the uniform method of collection is the most appropriate collection method for
an assessment of this size.
Commissioner Thomas moved to set forth the City's intent to use the uniform ad
valorem method of collection of a non-ad valorem assessment for Special ASSAssment
District 95-1 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-70 and read it by title only.
Commissioner Justice moved to pass and adopt Resolution 1/95-70 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 #17 - Not Public Hearina - First Readin" Ord. #5906-95 - providing for issuance of
not to exceed $1,400,000 Special Assessment Bonds, Series 1995 to pay costs related to
burying of power lines & installation of street lighting along Gulf Blvd. on Sand Key (FN)
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This ordinance, prepared by bond counsel and reviewed by staff and the City's
financial advisor, provides the ability to issue bonds necessary to pay costs related to
burying power lines and installing street lighting along Gulf Boulevard on Sand Key. The
City plans to file proceedings to validate these bonds and the related assessments through
the courts prior to authorizing the project or issuing the bonds.
These bonds will be repaid over 10 years as the special assessments are collected.
A pledge of the Special Assessments will be used to secure payment of the principal and
interest on the bonds. Following a validation hearing expected in late October, the City
intends to give the affected property owners 30 days to prepay their assessment, less
costs associated with issuing bonds. Following this period, financing for the uncollected
cost will be obtained by the most economic method, probably through a bank loan or direct
placement.
Commissioner Berfield moved to provide for the issuance of not to exceed $1.4-
million Special Assessment Improvement Bonds, Series 1995 to pay casts related to the
burying of power lines and installation of street lighting along Gulf Boulevard on Sand Key
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5906-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5906-95 on first 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.
lTEM #18 - Public Hearino - Res. #95-61 - authorizing placement of liens on properties for
unpaid utility bills (FN)
The City Manager reported this item would be continued to allow the City Attorney
to research Mr. Gardner's letter questioning the legality of this proposed action.
Commissioner Thomas moved to continue this item to the September 21, 1995
meeting. The motion was duly seconded and carried unanimously.
The Commission recessed from 10:08 to 10:20 p.m.
ITEM #19 - 1996/96 Blli!llill (eM)
Budget Director Tina Wilson stated priorities in Fiscal Year (FY) 1995/96. Ms.
Wilson reported Clearwater receives only 22% of the property tax millage and indicated
Clearwater's millage rate has not changed in five years.
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Ms. Wilson said 7.7 positions have been added to the budget to include a tourism
and promotion specialist, a part time recreation leader at the Sailing Center and a part-time
recreation leader at Countryside Recreation Center, Ms. Wilson reviewed the City's
General Fund revenues and expenditures. Only 29% of the City's revenues come from
property taxes. Ms. Wilson indicated the City Commissionts policy is to maintain a 10%
.. sav,jngs account. II She stated the current level is 13.5 %. Ms. Wilson said the budget
includes the water rate increases passed through from the County. The gas fund reflects
the recent rate increase. Ms. Wilson also reviewed the Capitallmprovemont Program
(CIP).
Joe Evich, President of the Coalition of Clearwater Homeowners Association, said it
was commendable the same millage rate was maintained. He commended Ms. Wilson and
her staff of two.
Mr. Evich expressed concern the budget is not quite balanced. He said the
Harborvlew Center requires another $800,000 in funding without any clear revenue and
the budget is $120,000 short in licensing fees. He said the Coalition has been advocating
a reduction in the number of City employees through attrition and right~sizing. He noted
the original CIP did not include funding for the proposed Memorial Causeway Bridge or
$ 17 -million for the proposed downtown lake or $ 1 .6-million to complete the Harborview
Center. He said bonds would cost the City $3-million over the next 20 years. Mr. Evich
expressed concern $1.5-million of the stormwater revenue is earmarked for the proposed
downtown lake.
The City Manager said she appreciated Mr. Evich's interest in the budget. She
noted the City now is offering a number of new programs. Since 1983, 179 new program
positions have been covered by an increase of only 57 employees. The City Manager said
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staff will continue its effort and reported they are reviewing processes to streamline
procedures. She said the City is absolutely an target and is not just filling positions. She
said she was proud of what the City has done.
a) First Reading Ord. #5912~95 ~ 1995/96 millage rate
The City Attorney presented Ordinance #5912-95 for first reading and read it in full.
Commissioner Thomas moved to pass Ordinance #5912~95 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson. Justice and Garvey.
"Nays": None.
b) First Reading Ord. #5913-95 - 1995/96 Operating Budget
The City Attorney presented Ordinance #5913-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5913-95 on first reading.
The motion was duly seconded and upon roll cal/. the vote was:
"Ayes": Barfield. Thomas, Johnson. Justice and Garvey.
"Nays": None.
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'~j c) First Reading Ord. #5914-95 - 1995/96 CIP Budget
The City Attorney presented Ordinance #5914-95 for first reading and read it by
title only.
Commissioner Justice moved to amend the proposed Capital Improvement Project
for the District Parking Plan, reducing the 1995/94 fiscal year funding from $230,000 to
$100,000, and reducing the cumulative six year total of the project from $690,550 to
$100.000. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to pass Ordinance #5914-95 on first reading as
amended. The motion was duly seconded and upon roU call, the vote was:
II Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #20 - Ord. #5741-95 ~ 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, 0.70 acres m.o.!. (R. Roy Meador, LUP93-43)
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Commissioner Thomas has requested this item be continued for 30 days per
Commission Rule 1112.
Commissioner Johnson said he was present one evening when the previous
Commission denied a Commissioner's request for the same privilege to delay an item for
30 days. He questioned why a 30 day continuance was being requested. Commissioner
Thomas said he had given his reasons regarding the need for Florida Department of
Transportation (FOOT) permitting and stated the rules for continuance are specific.
Commissioner Johnson expressed concern the request he made at his first meeting to
change this rule had not been accomplished. The Mayor expressed concern Commissioner
Thomas had indicated his intention during Monday's Work Session to continue this item 30
days even though the FDOT permitting process takes 90 days. She noted Commissioner
Thomas previously had denied former-Commissioner Fitzgerald's request for a 30 day
extension. Commissioner Thomas indicated that item had already been extended twice.
Commissioner Justice expressed concern those in opposition to this item had left.
He did' not feel it was right to hear the item without their presence. Commissioner Thomas
questioned the City Attorneyts interpretation of the rule. Mayor Garvey said she would be
more comfortable'had Commissioner Thomas not indicated another Commissioner could
continue the item for another 30 days. Commissioner Thomas said he intended to require
the applicant, Mr. Meador, to file the proper application with FOOT.
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Harry Cline, representative for the applicant, said a motion to continue is required
but noted his opposition to the request for a continuance. He noted Commissioner
Thomas' request for a continuance does not have the force of law. He said a comparable
precedent was established when former Commissioner Fitzgerald's request for a
continuance was not recognized by the Commission, including Commissioner Thomas. Mr.
Cline reviewed the minutes from the March 16, 1995 City Commission meeting and
requested the same action tonight. Mr. Cline noted the previous hearing on this item
lasted more than five hours and addressed 20ning and land use issues. He noted
Commissioner Thomas' requirement that Mr. Meador obtain a permit from FOOT is a
building issue and should not be a concern of the City Commission. He noted his client
cannot change the site plan without coming before the City Commission.
Commissioner Berfield noted former Commissioner Fitzgerald's request had been for
a second thirty~day continuance. Mr. Gline filed the March 16/ 1995 minutes with the City
Clerk and noted the City Attorney's interpretation had been that each Commission had the
opportunity to continue an item once. He noted former Commissioner Fitzgerald had been
denied that opportunity.
Joe Evich expressed concern the agenda indicates the item is to be continued even
if the item was advertised as a public hearing. He expressed concern the (;.;mmission may
not follow its rules. He did not think it was fair to the public to continue discussing this
item when the citizens had already left. He did not think a 30 day delay would impact the
issue.'
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Commissioner Thomas moved to continue the item for 30 days. The motion was
duly seconded.
Commissioner Justice suggested amending the motion to continue the item to the
September 21, 1 995 meeting. Commissioner Thomas said the rules are clear ho can
continue the item for 30 days. Commissioner Justice reiterated his suggestion to continue
the item to the next meeting. He said he did not want to continue the item but felt it
would be more fair to all parties if the public was present to participate in the discussion.
David Campbell requested the City Attorneyts opinion if Commissioner Thomas was
allowed to request and obtain a 30 day continuance of this item. The City Attorney said
the Commission's pattern and practice is to require a motion and vote.
Commissioner Justice questioned the difference in a delay of 15 and 30 days.
Commissioner Thomas said the applicant needs to apply to the FOOT for a permit. Mayor
Garvey noted if the site plan cannot meet requirements, the proposed development will not
continue. Commissioner Thomas questioned why a neighborhood should be "put through a
meat grinder" before the City Commission knows the development can be accomplished
legally. Mayor Garvey noted the project requires many permits.
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Mr. Campbell questioned if the rule is written. why is it not being followed. Mayor
Garvey noted some Commissioners do not agree with it. The City Attorney indicated she
had advised the City Commission that the rule requires a continuation to be motioned,
seconded and voted on. She noted the City Commission had not honored a request once
previously. Commissioner Justice said he had proposed a compromise. Mr. Campbell
expressed concern regarding the City Commission setting an example on how to follow
rules. Commissioner Justice noted if the City Commission makes the rules, they can
change them.
Commissioner Thomas said he would accept Commissioner Justice's compromise
and amended his motion to continue the item to September 21, 1995. The amendment
was accepted by the seconder.
Mr. Campbell said this item is controversial and indicated every person who spoke
at the August 17, 1995 meeting was against the proposal. He noted Commissioner
Thomas had claimed the development did not comply with 7 of the 11 Standards for
Approval. He felt approving this item would be a violation of the law.
Joe Evich commended Commissioner Justice for seeking compromise. He said the
August 17, 1995 meeting had set a precedent when the Commission approved an item
where all 11 Standards for Approval had not been met. He questioned if the City Attorney
and staff claimed the proposed site plan complied with all Standards for Approval. He said
this proposal marks the start of a neighborhood being eliminated. He suggested the City
buy the nearby mobile home park property for preservation.
Commissioner Justice said he did not agree with people who keep saying the
Bayview neighborhood is going to be ruined. He indicated the City must give property
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owners reasonable use of their property. He felt the applicant had done what is
reasonable and did not think the station would add even one car to traffic on Gulf-to-Bay
Boulevard or Bayview. He said the development provides several benefits to the
neighborhood: better access to the gasoline statlon; sidewalks would be built; and the
pollution would be cleaned. He said he measured the buffer between the gasoline station
and the neighborhood at 29 feet on one side and 54 feet on the other.
Commissioner Justice said the Bayview neighborhood was historical at one time
before the dock, post office, etc. were removed. He suggested the first five houses on
Bayview could be considered historical. He noted a non-historic meditation center now is
located where Dr. Fred McMullen's historic house once stood. He said other neighborhood
houses are nice, but not historical. He agreed Mrs. McMullen's house is historical.
Commissioner Justice referred to the argument that the development would ruin the
business next door. He noted the merchant said he depended on walk up traffic from
Bayview and collected 500 signatures from customers. Commissioner Justice suggested
the merchant has little to worry about and doubted his customers or neighbors will trade at
the new FINA Station. He said the precedent for commercial development at that location
has already been set. He noted the current 300 square foot gasoline station is smaller
than his garage. He did not think the proposed development would ruin anything out there.
~ ':~~)
Commissioner Johnson said Commissioner Justice's comments were eloquent and
indicated he agreed with them 100%. Mayor Garvey agreed. She said she is being a
leader and is viewing this issue from a pragmatic point of view. She noted whether the
proposal is approved or not. a service station still stands at that location. She said the
Commission does care about neighborhoods. They also have to look at what changes are
reasonable. She noted the proposed expansion is 0.3 acres. She realized some have ,
strong feeling regarding this issue but referred to the need to look at a larger picture.
Mr. Cline recommended the City Clerk not indicate items on the agenda are to be
continued when only a request has been made. He requested that Commissioner Berfield
not request an additional continuance.
Commissioner Thomas said he hoped the City Commission recognized they had
"busted a rule." He said "all bets are off" for those who request a continuance in the
future. Mayor Garvey said this is exactly what was done to former Commissioner
Fitzgerald last Spring. Commissioner Johnson said he regretted Commissioner Thomas felt
that way and was distressed by his comment. Commissioner Johnson said Commissioner
Thomas had broken the rule in March.
The City Attorney referred to questions regarding if the City Commission is meeting
code and indicated whether or not they are in compliance is a City Commission decision.
She noted the City Commission made that decision by approving this item at the last public
hearing.
Mayor Garvey submitted for the record, staff's reasons for supporting the
amendment for rezoning (Exhibit A).
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Mr. Campbell reiterated that 100% of the comments made during the public hearing
opposed the proposed rezoning. Commissioner Justice said the Commission would be
setting a precedent if they based their decisions on the number of citizens who attend and
speak to an item.
Upon the vote being taken, the motion, as amended to continue the item to
September 21, 1995, carried unanimously.
ITEM #21 - Ord. #5742.95 - CPO Zoning for property located at 509 Bayview Ave., 508
Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of Bay View a/k/a 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., 1.02 acres m.o.l. (R. Roy
Meador, 293-54)
Commissioner Berfield moved to continue this item until September 21, 1995. The
motion was duly seconded and carried unanimously.
ITEM #22 - Ord. #5820-95 - Amending Sec. 42.34 - LDCA re parking space formulae
(LDCA 94-28)
<.)
The City Attorney presented Ordinance #5820-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5820-95 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 #23 - Ord. #5890-95 - Amending the provisions of Div. 3 of Art. 5 of the City's
Code of Ordinances, adopting a revised Employees' Pension Plan, providing for a
referendum election relating to the pension plan
Pat Buzek said Leslie Stout-Tabackman, attorney in the Snair versus City suit
requested Ms. Buzek advise the City Commission she had not signed off on this plan.
Commissioner Thomas expressed concerns Deputy City Manager Kathy Rice had indicated
the City had notified this law firm and the law firm denies it. Ms. Rice said the City's labor
attorney wrote Ms. Stout-Tabackman's firm and provided them with the proposed
language. Commissioner Thomas questioned why Ms. Stout-Tabackman's firm said they
were not contacted when the City's labor attorney reported she had contacted them. Ms.
Rice said Ms. Stout-Tabackman should be contacting the City's labor attorney and not a
client.
Commissioner Thomas expressed concern it is a violation of the law for a law firm
to make a claim like this. The City Attorney said staff had not indicated Ms. Stout-
Tabackman"s law firm had approved the language. Commissioner Thomas questioned if
the law firm had indicated they never had heard from the City. Ms. Buzek said that was
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correct. Commissioner Thomas requested the City Manager and City Attorney find out
what is going on as he felt this indicates a significant breach of legal responsibility had
occurred. Ms. Rice said the AARP settlement also states if a litigant disagrees with the
bargained contract, specific ways to address the matter exist. The City Attorney said she
would forward n.copy of the letter to the law firm and question if they had received it.
The City Manager indicated she is a member of the Pension Plan and will be
personally affected by a decision. Mayor Garvey recommended the pension plan go to
referendum. She said the agreement is beneficial to City employees and citizens at large.
Commissioner Thomas expressed concern 18 employees have fallen through the crack
regarding Social Security and requested the City Manager bring this item back to a Work
Session.
The City Attorney presented Ordinance #5890-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5890-95 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 #24 - Ord. #5894-95 - Relating to Franchise Agreement with Time Warner
Entertainment-Advance/Newhouse Partnership, to amend the agreement to extend the
term of the franchise for a period of 3 months, ending on 11/1/95; amending Ord. #2085
increasing the franchise fee paid to the City to 5%
The City Attorney presented Ordinance #5894-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5894-95 on
second and final reading. The motion was duly seconded.
David Campbell reminded the City to address adding C-Span II to local cable
viewing choices during negotiations. He expressed concern the channel broadcasting Mind
Extension University has lost budgeting. He suggested Time Warner Entertainment-
Advance/Newhouse be reQuested to pick up th:)t broadcast off the satellite and provide a
channel for it.
Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #25 - Ord. #5915-95 - Relating to Salary Increases for the Mayor and
Commissioners; amending Sec. 2.263
The City Manager indicated this item needed to be continued to a Special Meeting
scheduled for September 12, 1995 at 12:00 noon to allow for proper advertising.
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Commissioner Berfield moved to continue this item to a Special Meeting scheduled
for September 12/ 1995 at 12:00 noon. The motion was duly seconded and carried
unanimously.
ITEM 1126 - Citizens to be heard re items not on the Agenda
David Campbell referred to the County's recent request for Clearwater's reclaimed
water. He felt Mr. Baker's remarks indicate the City sees no reason not to give the water
to the County for the next 30 years. He said State policy encourages cities to annex
enclaves through an Interlocal agreement with the County. He suggested the City offer its
reclaimed water in exchange for the Interlacel agreement.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 1127-44) - Approved as submitted.
ITEM #27 - Contract for radio maintenance for Fire Department's 800 MHz Emergency
Dispatch Radio System to Motorola, Inc., for the period 10/01195 -09/30/00, at an
estimated annual cost of $8.754, for a total estimated $43,770 (FD)
ITEM 1128 ~ Purchase of orODerty, casualty. liability, workers' comoensation, & flood
insurance coveraQe in an amount not to exceed $820,000 for FY 1995/96 (FN)
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ITEM #29 - Rescind 01/19/95 action re contract award to Sunshine Chevrolet-Oldsmobile
of Tarnon Springs. Inc. for ourchase of three 1995 Chevrolet 1 14-ton maxi-cab oickup
trucks for $44.937: ratify and confirm Deouty City Manager's emerQency purchase of
three 1995 Ford 1/2-ton oickuo trucks from Duval Ford, Jacksonville, FL, for $43,897;
financing to be provided under City's master lease-purchase agreement (GS)
ITEM #30 - Ratify/Confirm City Manaaer's emeraencv purchase of 1 street sweeper from
Florida Municipal Equipment, Lakeland, FL, for $105,890; financing to be provided under
City's master lease-purchase agreement (GS)
ITEM #31 - Purchase of 142 Orion mobile radios from Ericsson/GE, Tampa, FL, for
$446,446; financing to be provided under City's master lease-purchase agreement {GS)
ITEM #32 - Contract for satellite CODY machines, services & related suoolies (excluding
paper) to Xerox, Tampa. FL, for the period 11/01/95 -10/31/96, at an estimated $68,000
(1M)
ITEM #33 - Purchase of an Odetics Prophet II-P video playback system from Odetics
Broadcast. Tampa, FL. for $135,858; authorize lease purchase through City agreement
(1M)
ITEM #34 - Contract for Jack Russell Stadium conditioning I strenathenina buildinQ.
storaoe building. & for Carpenter Field maintenance buildino to Grosz - Stamper
Construction. Inc., for $184.276.25 (PR)
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ITEM 1135 - Contract for Jack Russet! Stadium elevator & ramo to Grosz - Stamper
Construction, Inc" for $146,400 (PR)
ITEM #36 - Contract for hauling of rock. sand & shell to be picked up at various mines &
delivered to the City by Norred Trucking, Inc., Tampa, FL, during the period 10/01/95 -
09/30/96, for $4.75 per ton for rock & sand, and $4.50 per ton for shell, at an estimated
annual cost of $56,000 (PW)
ITEM #37 - Renew existing contract for oarkina attendant service~ at Pier 60 & 2 S.
Gulfview oarking lots with Republic Parking Systems, Chattanooga, TN, for the period
10/01/95 -09/30/96, for $260,610 (EN)
ITEM #38 - Contract for 1995 Sanitary Sewer Restoration to Madsen/Barr Corp., Inc.,
Longwood, FL. for $651,362.50 (EN)
ITEM #39 - Contract for Delara Storm Reolacement - Phase I to Overstreet Paving Co.,
Largo, FL, for $874,221.75 (EN)
ITEM 1140 . C.O.1I1 to Marina Fishing Pier Contract to Inter-Bay Marine Construction Co.,
Largo, FL, for $12.41', for a new total of $134,833.45 (EN)
ITEM #41 - Receiot/Referral - LDCA to modify parking restrictions in Beach Commercial
districts (LDCA95-18) (CP)
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ITEM #42 - Receiot/Referral - LOCA to increase allowable height for fences that enclose
swimming pools and are located in waterfront or street r-o-w setback areas (LDCA95-16)
(CP)
ITEM #43 - Purchase of furnishinQ & installation of office furniture & misc. eauiDment for
Municioal Services Complex to: Wilkerson Sassman, Inc., Tampa, FL, for $',013,674.79;
Wagner Office Furniture, Inc., Tampa, FL, for $108,960.14; CDS, Inc., Orlando, FL, for
$51,977.40; and Beaux-Arts Group, Inc., Tampa, FL, for $15,437, for a total of
$1,190,049.33 and allow for an estimated contingency of $25,387.67 for shop drawings
and modifications to fit building space upon installation (eM)
ITEM 1144 - Aoorove staff ranking of RFP resoondants with direction to negotiate a
contract with Kimlev-Horn and Associates to study beach parking & downtown issues (EN)
Mayor Garvey referred to Item 1142 and questioned why the height of these fences
is now a problem. Mr. Shuford indicated staff would provide that information.
Commissioner Berfield moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM 1145 - Amendments to Harborview Center C;:onstruction Budget ~ approve
appropriations for completion of Harborview Center consisting of $560,000 for changes in
work scope, $300,000 for completion of 3rd Floor Restaurant, and $300,000 for upgrade
in selected item quality; for a total of $1,160,000 (eM)
Funding will be provided by a third quarter amendment appropriating $700,000 of
the unappropriated retained earnings of the General Fund, and a loan from the Central
Insurance Fund of $460.000 against future Penny for Pinel/as Infrastructure tax
collections. Interest at the cash pool rate will be payable annually out of the Penny for
Pine lias collections.
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The Harborview Center Financial Overview is: 1) Phase I (Stein Mart) approved April
7, 1994 - $285.000 - Architect Fees. $160,605 - Contractor Fees. $2-million -
Construction Costs; 2} Change in Scope: a) Phase 1 A approved June 14. 1994 and b) full
coverage of exterior) - $110,000 - Architect Fees, $157.000 - Contractor Fees, $825,000
and $400,000 - Construction Costs; 3) Phase 2: a) third floor completion: b) first floor
completion; and c) elevator/escalator/entrance -$379,000 ~ Architect Fees, $390,000 -
Contractor Fees, $4,227,000 - Construction Costs; 4) Column Removal - $ 12,000 -
Architect Fees, $9,000 - Contractor Fees, $ 154,000 - Construction Costs; 5} Restaurant
shell - first floor - $5,900 - Architect Fees, $4,200 - Contractor Fees, $70,500-
Construction Costs; 6) Restaurant shell - third floor - $ 10,000 - Architect Fees, $7,000 -
Contractor Fees, $119.000 - Construction Costs; 7) Establish catering kitchen ~ $20,000 -
Architect Fees, $7.500 - Contractor Fees, $122,500 ~ Construction Costs; 8) Finish
Restaurant ~ First floor - $15,000 - Architect Fees, $5,000 - Contractor Fees, $80,000 -
Construction Costs; 9) Partial Furnishings, Fixtures and Equipping of Center ~ $196,890;
10) Parking lot improvements - $25,400; 11> Purchase of property - $1.9-million. Total to
date (August 31, 1995) is: $836,900 - Architect Fees, $740,305 - Contractor Fees,
$7,998,000 - Construction Costs; $2,122,290 - Other Costs.
Further considerations for the Harborview Center include: 1) Finish third floor
restaurant. $27,000 - Architect Fees, $30.000 - Contractor Fees, $243,000 -
Construction Costs; 2) Scope change costs for additional escalator - $14,400 - Architect
Fees, $8,000 - Contractor Fees, $137,600 - Construction Costs: 3) Scope change for
additional 7,500 square feet - $17,500 - Architect Fees, $15,000 - Contractor Fees,
$317,500 - Construction Costs; 4) Scope change for additional contingency - $4,500 -
Architect Fees. $2,500 - Contractor Fees, $43,000 - Construction Costs; 5) Possible
upgrades - $15,000 - Architect Fees, $15,000 - Contractor Fees,. $270,000 - Construction
Costs; 6) Complete furniture, fixtures and equipment purchases ~ $299,516. Total further
considerations are: $78,400 - Architect Fees, $70,500 ~ Contractor Fees, $1,011,100 -
Construction Costs; $299.516 - Other Costs.
Mr. Baker said the designers had not yet developed another color scheme. He said
this item is to be approved with the understanding that the color scheme will meet with
the Com mission 's approval.
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Commissioner Thomas moved to approve appropriations for the completion of the
Harborvlew Center consisting of $560,000 for changes in work scope, $300,000 for the
completion of a third floor restaurant, and $300,000 for upgrades in selected item quality;
for a total of $1,160,000. The motion was duly seconded. Commissioners Thomas,
Johnson, Justice and Mayor Garvey voted "Ayetl; Commissioner Berfield voted "Nay.';
Motion carried.
ITEM #46 - Phase II purchase of Furniture. Fixtures & Eauipment for Harborview Center,
for $299,616 (CMl
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On February 27, 1995, .th8 City Commission approved $196,890 for the purchase
of Phase I Furniture, Fixtures and Equipment (FF&E) expenses requested by Globe Facility
Services, Inc. (GFS), for the Harborview Center. That approval represented approximately
half the total FF&E needs. The following is the list of items GFS requests be purchase in
the Phase II FF&E budget: 1) 200 wood exhibit tables - $16,476; 2) 20 table carriers.
$4,000; 3) 8 pipe and drape carriers - $2,400; 4) 10 control ropes - $1,750; 5) 3
overhead projectors - $1,050; 6) 3 projector carts - $750; 7) 3 lecterns - $1,500; 8) 4 TV
with VCR - $2,000; 9) 5 TV stands - $750; 10) 1 internal sound system - $40,000; 11) 2
remote microphones - $5,600; 12) 8 computers. $26.000; 13) 8 software - $0; 14} 1
printer - $1,200; 15) 1 Fax - $400; 16) 1 copier - lease; 17) 1 forklift - $10,000; 18) 4
vacuum cleaners - $1,200; 19} 1 billy goat - $350; 20) 1 pickup truck - $10,000; 21) 4
dollies - $800; 22) 2 hand trucks - $300; 23) 6 ADA hearing asst. - $1,200; 24) 1
refrigerator - $400; 25) 1 microwave - $300; 26); 1 time clock - $1,200 27) 1 regulation
system - $600; 28) miscellaneous tools - $5,000; 29) 100 drop cords - $2,000; 30) 25
quad boxes - $250; 31) 30 artificial plants - $3,000; 32) 30 interior trash cans - $2.250;
33) 8 exterior trash cans - $1,200; 34}12 table skirts w/logo - $1,800; 35) 300 exhibit
table skirts - $7,500; 36); 200 rental booth carpet - $6,000 37)2 carpet seam irons - $50;
38) carpet tape - 0; 39) 200 exhibit trash cans - $3,000; 40) 2 follow spots - $12,000;
41) 2 light trees - $1,000; 42) 10 lights & fixtures - $5,000; 43) 10 plastic tables -
$5,000; 44) 40 plastic chairs - $200; 45) 10 umbrellas - $1,000; 46)2 slide projectors-
$800; 47) 5 projector screens - $1,500; 48) 8 office furniture - $30,000; 49) office
telephone system - cost unavailable; 50) 8 prefunction sofas - $9,600; 51) 16 pre function
chairs - $11,200; 52) 16 prefunction end tables - $3,200; 53) 8 prefunction coffee tables
- $2,000; 54) 16 pre function lamps - $1,600; 55) 1 promoter telephone - $150 56) 20
exhibitor telephones - $1,000; 571 1 piano - $4,000; 58) 2 cellular telephones - $990; 59)
8 walkie talkies - $4,000; 60) 1 safe - $2,000; 61) 6 double pedestal announcement
boards - $1,500; 62) dishes for catering kitchen - $24,000; 63) utensils for catering
kitchen - $4,000; 64) miscellaneous for catering kitchen: i.e., chafing dishes, fountain,
tray-stands, beverage dispenser, premix bar, pots, pans, etc. - $16,000 - Total: $299,516.
Funding will be provided by a third quarter budget amendment reflecting a loan from
the Central Insurance Fund. Interest at the cash price rate will be payable annually out of
Penny for Pinellas collections. No principal payments will be due until fiscal year 2000,
when the entire unpaid balance will bo repaid out of Penny for Pine lias collections that
year.
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Commissioner Thomas moved to approve $299,516 for furniturel fixtures &
equipment expenses for Phase II for the Harborview Center and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #47 ~ 1995/96 Harborview Center Budget (eM)
The Harborview Center's restaurants, catering facilitiesl meeting rooms, retail store
and banquet hall are designed to attract meetingsl conventions, trade~shows, business and
social events to the City. The Center's staff also assist in planning events. Conference
center operations are managed by Globe Facility Services (GFS) under the terms of a three-
year contract with the City.
Fiscal Year (FY) 1995/96 operating revenues reflect $276,150 of rental income
estimated for nine months of operation at the Center; $110,000 rental income from
SteinMart; $15,000 from Clearwater's of the Bluff; $6,250 from Pickles Plus; and
$96,000 from the catering kitchen operations. The Harborview Center Fund is an
enterprise fund established to account for all financial activities of the Harborview Center
facility. Other financing sources reflect a loan from the consolidated cash pool to offset
the operating deficit in FY 1995/96. In FY 1995/96, operating expenditures are
recognized for twelve full months of operation although mast operating revenues will be
generated for a nine month period or less.
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Far FY 1995/96. 26 exhibits and 170 meetings are projected far January through
September 1996. Total conference center income for FY 1995/96 is projected to be
$372,150. Expenses include $369,507 for person'nel and $426.990 for operations
resulting in a projected 12 month lass of $293,097. ~ersonnel costs include a general
manager, an administrative assistant, a finance department director, a marketing
department director, an event services department director, event coordinator, and security
person, and an operations department director, an engineer/superintendent and two
laborers.
Commissioner Thomas expressed concern the City's portion of the catering income
is not reflected in the revenues. Globe Facility Services General Manager Mani Costa said
only the actual rent is listed. The City Manager indicated the $96,00 projected income
from catering for a partial year is included in the budget. Commissioner Barfield
questioned when the Center would open. Mr. Costa said in January 1996. The City
Manager indicated the restaurants may not be open at that time.
Commissioner Berfield moved to approve the Fiscal Year 1995/96 Harborview
Center Budget and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM 1/48 - 1994/95 Third Quarter Budget Amendments (eM)
The Third Quarter Review of the City Manager's Annual Budget Report includes
comments on major variances and explanations of proposed amendments. Provided are: a
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schedule of administratively approved change orders; a schedule of special law
enforcement trust funds; and a list of self insurance fund settlements for the quarter. This
report is based on nine months activity (October 1994 through June 1995) in this fiscal
, year. In some instances, variances are noted in revenues and expenditures. Some
amendments will not be proposed until additional data can be analyzed.
The third quarter review reflects the effect of the 4% contractual wage
adjustments approved by the City Commission in all funds. The effect of this increase
resulted in an increase of $952,660 across all General Fund Departments. This increase
was offset by funding established in the original operating budget that totaled $650,000
and resulted in a net increase of $302,660. These funds are provided from the
unappropriated retained earnings of the General Fund at third quarter.
In addition, the third quarter budget establishes a $1-million "reserve" from General
Fund retained earnings for the payment of salaries for retiring employees who remain on
the City's payroll using extended accrued leave pay. This fund is established due to the
abnormally large number of retirements expected in the near future, especially with
implementation of the revised Pension Plan effective in January 1996, if approved.
Retained earnings of the General Fund also provide $700,000 for additional needs
at the Harborview Center. This agenda item is presented to the City Commission on
Septem ber 7, 1 995 for separate consideration and the third quarter amendments assume
its approval.
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Additional revenue sources from ad valorem taxes, utility taxes and fines provide
funding for the final needs for the ADA improvements to City facilities and additional
funding for technology needs in the new Municipal Services complex.
Third quarter amendments to the Water and Sewer Fund reflect revenues from the
sale of the sludge farm property of $999,490 and savings in water inventory purchases.
Gas Fund revenues and expenditures increased due to the recognition of the loan
from the cash pool offsetting Commission approved budget transfers of revenues to Pasco
capital projects as an interim measure until Pasco Gas bonds are issued. Funding will be
returned to the cash pool with the sale of the bonds.
Solid Waste revenues reflect anticipated increases in collection charges and interest
earnings for the year. These revenue increases offset the budgeted expenditure increases
in the fund due to the 4% contractual salary adjustments.
Storm water revenues reflect anticipated increases in interest earnings offsetting
small increases due to the 4% contractual wage adjustments.
The Harborview Center's third quarter budget review reflects a net increase of
$669,564 and includes $109,564 for the Center. s marketing plan approved by the City
Commission on February 27, 1995; $100,000 for the completion of the Pickles Plus
restaurant approved August 3, 1995; and $460,000 representing a loan from the Central
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lnsurance Fund presented under a separate agenda item addressed to the City Commission
September 7/ 1995.
The Internal Service Funds reflect only minor adjustments primarily related to the
4 % contractual salary adjustments.
Amendments to the Capital Improvement Fund total a net increase of $2/908.621.
The Mayor noted a $1-million lIreserve" has been set aside due to the large number
of retirements expected.
Commissioner Thomas moved to accept the third quarter review of the amended
City Manager.s Annual Budget Report for FY 1994/95. The motion was duly seconded
and carried unanimously.
a) First Reading Ord. # 5910-95 - 3rd Quarter amendment 1994/95 Operating Budget
The City Attorney presented Ordinance #5910-95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5910-95 on first 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.
b) First Reading Ord. #5911-95 - 3rd Quarter amendment 1994/95 CIP
The City Attorney presented Ordinance #5911-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5911-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
llAyesll: Berfield, Thomas, Johnson, Justice and Garvey.
llNaysll: None.
The City Manager thanked Ms Wilson and her staff for their work on this year.s and
the upcoming budget.
ITEM #49 - Sandcastle on the Beach (eM)
Jerome Katz, of Sand Blast f96, submitted a proposal to the City requesting
permission to construct the world's tallest sandcastle on Clearwater beach in October
1996. Following Mr. Katz's presentation to the Special Events Committee. the committee
chose not to take a position regarding the project. The committee made 19
recommendations should the praieet be approved.
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'-", City Engineer Rich Baier said the Florida Department of Transportation (FOOT) has
indicated they cannot guarantee four Janes will be open on the Memorial Causeway during
Fall 1996. FOOT has programmed a $2.2-million rehabilitation project.
Mr. Katz presented a brief video on a previous sandcastle. He said Clearwater and
Clearwatar beach have been tourist destinations for years but aggressive marketing from
other locations has eroded that base. He said the event would place Clearwater in the
forefront of family oriented tourist destinations. He estimated the value of the media
coverage would be $75-milJion. The construction of the sandcastle will not create large
trenches and his organization will make extensive efforts to maintain the area's
cleanliness. Mr. Katz proposes to pay the City $200,000 for the rental of the beach. He
said security and safety are priorities. Satellite parking will be provided free of charge. He
said concession opportunities would be available to beach businesses first, and then
Clearwater businesses before others could apply. He reported he will establish an USOO
number to handle hotel reservations for beach properties.
Mr. Katz said the beach would be restored following the event. He indicated he
discussed this issue with Mr. Baker, Parks &. Recreation Director Ream Wilson, Mr. Baier,
Lt. Sibbert, the FOOT and the Florida Department of Environmental Protection (FDEP).
They all expressed initial skepticism but seem to be satisfied with his plans. He reported
he also presented the proposal to the Clearwater Beach Association and tourism council.
He said they indicated they would form an advisory group to ensure the event is
responsive to all concerns.
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Commissioner Thomas referred to staff's list of 19 conditions and questioned if Mr.
Katz was ready to meet them. Mr. Katz said he was. Commissioner Thomas noted Mr.
Katz had promised to provide a large sum of money to the event and questioned if he
would provide the City with bonding or a letter of credit to cover these amounts. Mr. Katz
said he would give the City $200/000 before construction begins. He said he will bond
the event and predicted he would attract sponsorship.
Commissioner Berfield expressed concern with the sandcastle's proposed location.
Mr. Baker said the original location on top of the City's new concession stand can easily be
moved. Mayor Garvey questioned where the 100 portalets would be placed. Mr. Baker
said that configuration needs to be designed.
Commissioner Thomas expressed concern regarding a State regulation requiring
food operations to have running water. Mr. Katz said all vendors will have to obtain proper
permitting. Commissioner Justice questioned if vendors would be cooking food. Mr. Katz
said it is too early to tell. Parks & Recreation Director Ream Wilson said some changes
have occurred to State law since the City's last seafood festival. He said the advisory
committee will research what is permitted. He expressed concern regarding FOOTs plan to
close part of the Memorial Causeway bridge during this time. He noted the need for the
event to have support from the beach residential and business community. Commissioner
Thomas expressed concerns the beach does not turn into an open sewer. Mr. Katz noted
food festivals are held at Straub Park in St. Petersburg without running water or a mess.
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The Commission recessed from 12: 18 to 12:30 a.m.
Mr. Katz referred to a letter from the State to City Engineer Rich Baier and stated
his agreement to pay all additional costs to keep the four lanes on the Memorial Causeway
bridge open during this 30-day period. He said the Marine Science Center states in a letter
to him regarding sea turtle nests that October is the end of the season and they had no
problem with the plan as long as the FOEP approves it.
Commissioner Johnson reported he has met with Mr. Katz and has given the
proposal a great deal of thought. He said the project involves a great deal of sand and he
has concern. He felt its proposed location is not appropriate.
Mr. Baier wanted to clarify FOOTs statement regarding the Memorial Causeway
bridge. The FDOT has stated Mr. Katz will be responsible for aU excess costs to return the
bridge to four lanes but cannot guarantee that will be possible. Commissioner Thomas
noted the report that the company holding the bridge contract has filed for bankruptcy and
suggested the project may be delayed. He felt the issue was moot if the City decided to
build a new bridge. The Mayor said this issue must be addressed.
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Commissioner Thomas questioned if staff felt the City has the capacity to handle
this event. Mr. Katz said in the past, similar events lasted nine days and attracted
approximately 400,000 people. He suggested the number of daily visitors would decrease
if the event is held over a longer time span. Commissioner Thomas questioned the affect
of 50,000 daily visitors on the beach. Mr. Katz felt the weekend would be the only time
the crowd would reach 50,000. He said he is working with the Police Department
regarding the assignment of officers.
Commissioner Thomas questioned what would happen if 50,000 people visited the
beach. Lt. Wayne Sibbert said the projected crowd of 16,000 per day can be easily
handled if everything is working. He agreed 50,000 visitors could be a problem. He noted
the average spring break crowd is about 30,000. Commissioner Thomas suggested
addressing crowd control. Lt. Sibbert said the City can provide needed services but noted
that cost remains a question.
John Doran, President of the Clearwater Beach Association (CBA), said he reviewed
Mr. Katz's package. He reported the CBA passed a resolution to tentatively support the
project, subject to approval by the hotel association. He said members are aware of the
problems the event could cause but felt it would provide opportunities. He said the
approval was conditioned on Mr. Katz handling traffic problems. He said the hotel owner's
approval was based on Mr. Katz's promise to provide an #800 number for accommodation
bookings and alternate transportation. He said the CBA met again September 5, 1995 and
still favors the event.
Allijeweski felt Mr. Katz has answered every question to his satisfaction. He
noted the need for a steering committee consisting of beach business owners. He
suggested the event should comply with requirements established by staff and beach
business owners.
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Chuck Pollick, representing The Clearwater and Beaches Tourism Council (CBTC),
said the CBTC reached consensus they would support City staff to establish requirements
and conditions. He said the CBTC wished to add two points: 1) the #800 number would
be supervised by the City's tourism director to ensure it is handled properly and 2)
procedures would be established regarding how the event will be controlled and
supervised. He felt the Clearwater Police Department can handle the event. He felt this
event would increase tourism.
Jay Keyes said he lives on the corner near the proposed site. He said he did not
look forward to the predicted gridlock but was excited about the number of people who
will come to the beach during a slow time of year. He also said he was excited about the
anticipated media coverage and requested the City Commission vote for the proposal.
Dr. Kenneth Rosenow said he spoke to the Treasure Island merchants regarding
their previous sandcastle event and they indicated they were happy with it even though
that city was not prepared for the event's scale. He felt Mr. Katz has answered all
questions. Dr. Rosenow felt City staff will be able to handle all questions. He said the
sandcastle will provide media coverage and free advertising. He expressed concerns the
tower proposal includes fewer laser shows than originally proposed. He requested the City
Commission not automatically oppose the event and suggested they look at what is good
for the City and all its citizens.
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Commissioner Justice questioned what would happen to the cabanas by the south
pavilion when the sand is removed. Mr. Katz said one of the conditions relates to
discussions he is having with Mr. Hamilton regarding the cabanas. It has not been
resolved. He said the sand will not be taken from directly in front of the pavilion.
Commissioner Justice questioned if the proposed tower would be erected by this time.
Mr. Baker indicated it would not.
Commissioner Berfield questioned jf the City Commission had staff's assurance that
they have investigated the promoter's ability to perform. She noted the importance of Mr.
Katz to post a bond and handle all expenses. The City Manager recommended a letter of
understanding include IIgo/no go" points. Commissioner Thomas expressed concern the
vending option available to local merchants be affordable. Mr. Katz said Clearwater beach
merchants will not have to come up with up front money. Commissioner Berfield
expressed concern regarding the sale of alcoholic beverages. Mr. Katz noted such sales on
the beach are illegal. He said he would need a variance regarding the length of a
temporary display.
Commissioner Barfield said she has mixed emotions regarding this proposal. She
said its positive points include its short length, its schedule during a slow time on the
beach, and expected daily crowds of 16,000. In response to her question, it was
indicated questions regarding the glue to be used have been answered.
The Mayor said she opposed the proposal. She said many visitors come herB
because they want to view open sand. She felt it would not be a family event. She
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questioned how a huge sandcastle would highlight the City's natural beachfront. She
expressed concern this will not result in a clean environment.
Commissioner Thomas moved to approve the event subject to the following
conditions: 1) the applicant must obtain a permit from the FOE? to hold this activity on
Clearwater beach and a letter of approval from the Clearwater Marine Science Center; 2)
the activity must be coordinated with the construction schedule of the FOOT relative to
the Memorial Causeway bridge; 3) promoters must secure any and all occupational
licenses necessary for themselves and other concessionaires; 4} concessions to be offered
by the promoter should not conflict with private businesses on the beach; 5) an overall
plan of the project site must be prepared and appropriate permits for signs, tents,
construction, etc. must be secured; 6) the promoter must work closely with the
Clearwater Police Department and pay all costs of security for the project; 7} the promoter
must provide a certificate of liability insurance for approximately $5-milJion naming the City
as additional insured; 8) approval must be secured from Clearwater beach businesses and
residents since the event will impact them for more than 50 days; 9} arrangements should
be made with the South Beach Pavilion since the gathering of sand and sandcastle location
will impact the placement of umbrellas along the beach; 10) for safety reasons, areas
where sand is removed by heavy equipment should be fenced and secured; 11) sand
removing activity to occur after 4:00 or 5:00 p.m. after umbrellas are removed and the
beach is not as heavily populated; 12) the promoter must arrange and pay for all traffic
and crowd control through the Clearwater Police Department. Arrangements for police
boats to be placed in the water to control water traffic attracted by the event must be
made through the Pinellas County Sheriff's Office or Florida Marine Patrol; 13) the
promoter should provide an adequate performance bond assuring that at the completion of
the project, the beach will be returned to its original condition; 14) any food concessions
must be approved by the Pinellas County Health Department or State Department of
Business Regulation; 15) if scheduled during October, consideration and coordination
efforts will need to be made with other events such as beach volleyball tournaments, Jazz
Holiday at Coachman Park, etc.; 16) the promoter must pay any and all costs assumed by
the City; 17) other considerations may relate to potential beach erosion as a result of sand
removal and the loss of visibility of the WAter from motels near the sandcastle, daily trash
and cleaning activities, relocation of volleyball courts, etc.; 18) because of the size and
impact of this project, a separate agreement instead of a special event permit is to be
obtained to include additional wording regarding liabiHty concerns, subcontractors, etc. and
golno go points approved by the City Manager and City Attorney; 19) a variance of the
code requirement regarding "temporary use" in Land Development Code section 41.171 be
obtained and other conditions agreed to during tonight's discussion. The motion was duly
seconded. Upon the vote being taken, Commissioners Berfield, Thomas and Justice voted
II A ye "; Commissioner Johnson and Mayor Garvey voted "Nay. II Motion carried.
Commissioner Johnson moved to continue the meeting past midnight. The motion
was duly seconded and carried unanimously.
ITEM 1150 - Armroval of City Investment Policy (FN)
The Florida Legislature recently passed legislation requiring all local governments to
adopt a written investment policy on or before October 1, 1995, that addresses specific
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standards. Staff has prepared an investment policy that addresses the required standards
and reflects the City's conservative investment philosophy. The Investment Policy sets
three investment objectives: 1) Safety of Principle; 2) Liquidity; and 3) Yield. The
Investment Policy list of authorized investments is similar to the current list. It establishes
a maximum maturity of 15 years, with no more than 10% of the portfolio having
maturities greater than 10 years. The average maturity in the City's portfolio is three
years or less.
The policy requires bidding investment purchases and sales to three dealers/brokers.
Exceptions are provided for direct or private placement and "new issues, II a security
purchased directly from an agency at its posted rate. Another allowable exception
involves a security of particular special interest where dealer competition could have an
adverse impact on the price or availability. These situations are rare and have occurred
only once in the last year.
The Investment Policy establishes an Investment Committee that meets regularly to
review investment transactions and approve brokers/dealers and other investment related
activity. The committee, consisting of City Management and Finance staff, was
established several months ago and meets weekly.
Commissioner Berfield moved to approve the City Investment Policy. The motion
was duly seconded and carried unanimously.
f' .~
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ITEM 1/51 - Res. #95-74 - expressing City's intention to be reimbursed from the proceeds
of a tax-exempt financing for certain capital expenditures; accept GE Capital Public
Finance, Inc.'s proposal to provide a $6,761,028 line of credit to cover all planned lease
purchase equipment acquisitions for fiscal 1996; authorize all uncompleted equipment
acquisitions previously approved for financing under current agreement with Barnett Bank
of Pinelfas County to be financed under new agreement (FN)
Each year, the City solicits proposals for lease purchase (installment sale) financing
for the upcoming fiscal year. Bidders bid a percentage of the weekly average index for the
five-year Treasury Notes as published by the Federal Reserve Board. Last year's contract
was awarded to Barnett Bank of Pinellas County with a bid of 85.05% of the five-year
Treasury rate. Bids received include: 11 GE Capital Public Finance - 87.5000%; 2} Koch
Financial Corporation ~ 90.7108 %; 3) AT&T Capital Corporation - 92.9000%; 4)
SunLeasing - 96.5000%; and 5} Barnett Bank of Pinellas County - 100.0000%. The City
also received bids from Stephens Inc., Caryle Capital Markets, Inc., and First Union which
contained terms and conditions not acceptable to the City.
Commissioner Thomas moved to express the City's intention to be reimbursed from
the proceeds of a tax-exempt financing for certain capital expenditures, accept the
proposal of GE Capital Public Finance, Inc. To provide a $6,761,028 line of credit to cover
all planned lease purchase equipment acquisitions for fiscal 1996, authorize all
uncompleted equipment acquisitions previously approved for financing under the current
agreement with Barnett Bank of Pinellas County to be financed under this new agreement,
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and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution 1195-74 and 'read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-74 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
II Ayes": Barfield, Thomas, Johnson, Justice and Garvey
UNays": None.
ITEM #52 - Beautification Committee - 1 appointment (ClK)
Commissioner Thomas moved to appoint Marcia Blakemore. The motion was duly;
seconded.
The Mayor suggested delaying the appointment in order to obtain additional names.
Upon the vote being taken, Commissioners Berfield, Thomas, Johnson and Justice
voted" AyeJf; Mayor Garvey voted "Nay." Motion carried.
JTEM #53 - Clearwater Housing Authoritv - 2 aopointments (ClK)
<:) Mayor Garvey nominated William Ethington for a seat on the Clearwater Housing
Authority and requested a continuance for the second appointment.
Commissioner Thomas moved to appoint William Ethington. The motion was duly
seconded and carried unanimously.
Commissioner Thomas moved to continue the second appointment to September
21, 1995. The motion was duly seconded and carried unanimously.
ITEM #54 - Environmental Advisorv Board - 2 appointments (ClK)
Commissioner Johnson moved to appoint Whitney Gray. The motion was duly
seconded and carried unanimously.
Commissioner Justice moved to appoint Alan Smith. The motion was duly
seconded and carried unanimously.
ITEM #55 - Neighborhood & Affordable Housinq Advisorv Board - 1 appointment (ClK)
Commissioner Thomas moved to appoint Mary Myhill. The motion was duly
seconded and carried unanimously.
ITEM #56 - Planning & Zonina Board - 1 appointment (elK)
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Commissioner Thomas moved to appoint Frank Kunnen. The motion was duly
seconded.
Mayor Garvey spoke in opposition, indicating the City has had "many run-insot
with Mr. Kunnen. Commissioner Johnson agreed and recommended Dale Anderson.
.Upon the vote being taken, Commissioners Berfield, Thomas and Justice voted
','Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried.
ITEM #57 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #58 - Resolutions
a) Res. #95-68 - Assessing property located at 1 01 0 Railroad Avenue, J.J. Eldridge
Sub., Blk 0, Lots 39 & 40, the amount of$1 08 for costs incurred by the City ordering
the owner to abate a dangerous structure (Vincent M. & Mary W. Sykes)
.1, "'..~I
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The City Attorney presented Resolution #95-68 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #95-68 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.
b} Res. #95-71 - Assessing property located at 602 Fairmant Street, Merritt's Replat,
Lot 1, the amount of $318 for costs incurred by the City ordering the owner to abate a
dangerous structure (Paul S. Charles)
The City Attorney presented Resolution #95-71 and read it by title only.
Commissioner Justice moved to pass and adopt Resolution #95-71 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll
call, the vote was:
"Ayesft: Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
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-~ c) Res. #95-72 - Assessing property located at 1260 Byron Avenue, Ardmore Place
Replat, Lot 60, the amount of $137 for costs incurred by the City ordering the owner
to abate a dangerous structure (William Clarida)
The City Attorney presented Resolution #95-72 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-72 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": No'ne.
d) Res. #95-73 - Assessing property owners the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution 1/95-73 and read it by title only.
Commissioner Justice moved to pass and adopt Resolution #95-73 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll
call, the vote was:
It Ayes": Berfield, Thomas, Johnson, Justice and Garvey
<w)
"Nays": None.
ITEM #59 ~ Other City Attornev Items - None
ITEM #60 - City Manager Verbal Reoorts - None
ITEM #61 - Other Commission Action
Commissioner Justice expressed concern regarding an event on the program for
December 17 - 19, 1995 at Ruth Eckard Hall. He noted the advertisements indicates
the show has nudity, adult themes, etc. He questioned the legality of such a program.
The City Attorney said she would review the matter and get back to the City
Commission.
Commissioner Berfield thank Bob Clark for bringing the issue regarding the
proposed tower project to the City Commission1s attention.
Mavor Garvev referred to complaints included in a recent letter from Julie
Nichols. The Mayor reported staff reviewed the complaints. Ms. Nichols has changed
some of her operation and is satisfied.
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Mavor Garvev questioned if the City Commission supported the concept of
Largo's proposed legislation regarding annexation of enclaves. A letter of support will
be sent. .
Mavor Garvev referred to a letter from Herbert Leonhardt and said staff will
reply to his concerns.
ITEM #62 - Adjournment
,
The meeting adjourned at 1 :23 a.m., September 8, 1995.
ATTEST: ~ 2. J:l Q
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TO:
Elizabeth M. Deptula. City Manager
Scott ShufordJ Central Pennitting Director 0 S
:Meador Rezoning - Compliance with Standards for Approval
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Cl (c~ s. 5" r"] 4 J - cf 5 C I T Y 0 F C LEA R W ATE R
.5'7 L/ d. - 9 5 #" d I Int.rdt,.rtmIn1 C."lIponHnce
'-,
FROM:
SUBJECT:
COPIES:
Kathy Rice, Deputy City Manager
Bill Baker, Assistant City Manager
Pam Akin, City Attorney
Cyndie Goudeau, City Clerk
Richard J . Baier, City Engineer
John Richter, Senior Planner
Etim Udoh, Associate Planner
DATE:
August 25, 1995
There was considerable discussion at the August 17, 1995 City Commission on the Meador
rezoning case as to whether the proposed rezoning and land use plan amendment complied with
established City of Clearwater standards for approval. While the staff refers to these standards
".... in considering rezoning and land use plan amendments, in the interest of brevity, we do not
, ~.,,) specifically provide a statement about compliance with each individual standard for approval.
However, in the case, given its legal ramifications and heightened public interest, I do feel that
it is appropriate to provide you with a point-by-point consideration of these standards for
approval.
Sec. 36.066(5) - Standards for approval for Land Use Plan amendments
(5) Standards for approval. The following standards shall serve as the basis to evaluate any
requested amendment to the land use plan and no amendment shall be approved unless it
comports with all of the enumerated standards:
(a) The amendment will further implementation of the Comprehensive Plan consistent
with the goals, policies and objectives contained in the plan.
Despite some efforls on the part of the oppollents to the rezoning request to
indicate that the proposed rezoning is not consistent with the City of Clearwater
Comprehensive PlDn, staff notes the following:
.. l1Jere is 110 preclusion anywlJere in tile Comprehensive Plan/or this or similar
actions involving smail parcels of property.
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25, 1995
Page -2 -
to
Goal 1 of the Comprehensive Plan indicates that compatibility between kUld
uses is to be encouraged; sttiff believes that the proposed rezoning
substantially increases limd use compatibility due to the mqjor concessiom; on
the part of the property owner wilh regard to buffering, ~tention, driveway
design, tree protection, floor area ratio, and other sue design issues which
exceed the City's development standards.
...
The proposal does nnt constuule strip commercilll developme1ll under Policy
3.2.3 of the Comprehensive Pion-since. the polieydea1s wiJh future commerciol
development and the site is existing; conversely, it should be noted that Policy
3.2.3 stales thoJ sufficient depth of property slwuld be provided in order to
accommodaJe commercial uses and thalland use compatibility issues need to
be considered. Stqff believes thai the proposal addresses these important
components of this Comprehensive PIDn policy. The policy stales in full
(emphasis added):
3.2.3 CommercioJ land uses shall be 10caJed at the intersection
of arterial or collector streets and should be med in sIIch a wall.
as to minimize the introsion of off-site imoacts into residential
neighborhoods. New plats and sue pions shall discourage the
creation oj "strip commercial" WIles by insurin~ tllat adequDJe
lot depths are maintained l'md by %Oiling for commercial
development at mqjor intersections.
..
Witll regard to historic preservation, . fflf! Bll3view area is not lisud attywllere
in the Comprehensive Pion as an area of significant Idstoric character.
However, our code provides an Historic District Overlay District in Division
33 of Chapter 40 of the lAnd Development Code which can be applied to
areas having historic charaeler. We are considering applying this to all or
portions of tile Bayview neighborhood, now that the area has been surveyed.
.. Policy 22.4.7 of the Comprehensive Plan thoJ staJes that the City will ''protect
the urban forest from destmction or disturbance due to inappropriaJe
proximity 10 incompaJible land uses through the site pion review process. "
This has clearly been done in this cose through the sile plan requirements to
preserve the tree canopy.
to Policy 2.4.2 of tIlt Comprehensive Pltm sImes thai: "Neighborhood
prese",ation and infill development shall be encouraged by maintenance and
upgrading of public and private property." Given the significCJ1l1
improvements to tlzis sue over the current sUllaJion i" the areas of buffering,
landscaping, stonnwaJer relention, drivewayarrrUlgement, etc., it is clear tltat
this policy is being complied with.
Meador Proposed Rezoning/Land Use Plan Amendment
August 25J 1995
Page -3 -
(b) The available uses to which the property may be put are appropriate to the property
in question and compatible with existing and planned uses in the area.
As noted above, the proposed development plan for tile property greaJly improves
the compalibility between this land use and the surrounding land uses, especially
the nsidential uses to the south, east and west. Buffering, stonnwaJer retention,
Ine protection, driveway design, sUe lighting, floor area ratio, and other site
design controls will make the proposed new structUn! significantly more compatible
with surrounding land uses.
(c) Sufficient potable water supply and facilities will be continuously available to serve
the property.
This standDrd is met.
(d) Adequate sanitary sewer facilitiesJ including treatment capabilities, will be
continuously available to selVe the property.
17,is standard is met.
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(e) Sufficient traffic-carrying capacity will be continuously available to serve the
property.
The level of service (LOS) on GuU-to-Bay Boulevard in tl,e immediate area of tile
subject property is "Bu. lnfonnation was presented at tl,e Commission meeting
that the FDOT LOS on Gulf-to-Bay Boulevard between the Bayside Bridge and
U.S. 19 is "Fit. This low mnking by the FDOT is most likely due to the
"bottleneck" cn!a1ed at the ClearwaJer Mall/U.S. 19 intersection with Gulf-ta-Bay
Boulevard. Traffic flows smoothly (Uld freely in front of the subject property,
however, so trq/fie LOS is not judged to be a problem.
(f) The amendment will not adversely affect the natural environment.
The natural environment is protected more fully under tlze proposed development
plan/land use plan amendment through the preservation of trees, the provision of
slo17tlwaJer retention in excess of City standards, and tile expediting of pollution
cleanup.
(g) Adequate public facilitiesJ such as schools, parks and librariesJ will be continuously
available to selVe the property.
This proposed commercial use will not make sigrzificallt demands 011 tllese public
facilities.
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25, 1995
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(h) The amendment will not constitute a grant of special privilege to an individual
owner.
As clearly staled by the CiJy Attorney 01 th~ August 17, 1995 Commission meeting,
no specUd privilege is granted in this case.
(i) The amendment will not conflict with the needs of the neighborhood or the-city.
"
As noted under items (a) and (b) above, tlze use will increase compatibility wiJh
the surrounding neighborhood. In addition, 'he use will substantially improve
vehicular sqfety at this IocoJion on Gulf-to~Bay Boulevard due to the modification
of driveway design to meet City standmds; the existing driveway design/gas pump
and building IocaJion is considered extremely substandard and can cause vehicular
queuing into Guif-to-Bay and create a sight distance problem for motorists.
(j)
The amendment will not adversely or unreasonably affect the use of other property
in the area.
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Again, the proposed amendment will increase compatibility with surrounding
property.
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(k) The amendment will not deter the improvement or development of other property
in accord with existing land use plan classifications and applicable develbpment
regulations.
The proposed amendment wiIl not negatively affect the development or
improvement of other prope11y elsewhere in the City.
Sec. 40.675 - Standards for Approval for Rezonin&:s
(1) The available uses to which the property may be put are appropriate to the property in
question and compatible with existing and planned uses in the area.
The three allowable uses under the proposed reZJJning, as governed by the development
plan for the propertyl improve the compatibility between IIIe use over the existing
situation. Staff finds that the uses are appropriaJe and compaJible.
(2) The numerical and dimensional development requirements contained in chapter 40 which
govern the development of the property will sufficiently safeguard the integrity and
character of the area.
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25 t 1995
Page ~5 ~
The numerical and dimensional standlJrds imposed by the proposed retDn;ng have been
specifically designed to improve the integrily and character of the area by preserving
tree canopy, limiting site lighting intrnsion, increasing buffering, improving
landscaping, relocating an unattrac/i've dumpster, expediti1lg pollution cleanup and
providing vastly improved stonnwaler retention.
(3) The amendment will not constitute a grant of special privilege to an individual owner.
No special privilege is granted to D1l individunl owner untler this proposed remning.
(4) The amendment will not conflict with the needs of the neighborhood or the city.
The proposed rewning improves compatibility with the surrounding neighborhood and
positively addresses public solely and appearance issues of concern to the entire CiJy.
(5)
The amendment will not adversely or unreasonably affect the use of other property in the
area.
The proposed amendment will not negatively tiffect the development or use of other
property elsewhere in the City. As noted elsewhere in this memorandum, the
amendment w;U greatly improve compatibility with the sUmJunding neighborhood and
with cilywi!le appearance and safety objectives.
(6)
The amendment will not defer the improvement or development of other property in
accord with existing zoning and development regulations. ~
The proposed amendment will not negatively affect improvement or development of
other property in the vicinity or Citywide iftllese properties are developed in accordance
wilh existing zoning and development regulations.
(7) The amendment will not adversely burden public facilities, including the traffic-carrying
capacities of streets, in an unreasonable or disproportionate manner.
There is no adverse burden of public facilities under the proposed zoning amendment.
In fact, in a number of areas, especially stomlwater retention, pollution cleanup and
trtiffic stifely, the proposed amendment greatly improves the functioning of public
facilities in this area.
(8) The district boundaries are appropriately drawn with due regard to locations and
classifications of streets, ownership lines, existing improvements and' the natuml
environment.
c,_~1
AlJhough this proposed planned development is relaliveIy small, significantly below the
four lUre minimum established in the land development code, us bountklries are
appropriately drawn with regard to the surrounding properties, streets, eristing
improvements and the natural environment. The proposed amendment proteels and
preserves naturalJeatures, especuuly tne canopy, while improving, to a greal degree,
the potentiD1 negative effects to the naJum/ environment assocwed with the existing on-
site poUution and computely inadequate (based upon current standards) stonnwater
retention t1uJt exists at the current time.
Meador Proposed Rezoning/Land Use Plan Amendment
August 25, 1995
Page ~6 ~
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(9) The amendment will result in enhancing the health, safety or welfare of the citizens of
the city.
The proposed amendment expedites pollution cleanup, greal'y improves traffic soJety,
provides for stonnwaJer retention in excess of City standards, minimizes "trespass"
from light sources locaJed on the properly, and improves buffering and landscaping.
(10) The amendment will further the expressed purposes of this land development code.
See discussion under Sec. 40.003 below.
.-..... (11) The amendment will not in any way deter implementation of the comprehensive plan.
As noted in the discussion under Sec. 36.066(S)(a) above, the proposal is consistent
with the City of Cleanvater Comprehensive Plan. ~
Sec. 40.003 - Purpose of Chapter.. Zonin2
(l)(a) Protect and provide for the public health, safety and general welfare of the people of the
city;
As noted above, the proposed development will significantly promote public ltealJII
(expediting pollution cleanup), public safety (driveway design, provision of sidewalks),
and the general welfare (promotion of the City's appearance and safety objectives).
(l)(b) Guide the future growth and development of the city, in accordance with the
comprehensive plan;
See comment under Sec. 36.066(S)(a) above.
(1 )(c) Provide for adequate light) air and privacy; secure safety from fire, flood and other
damage; prevent overcrowding of the land and undue congestion of population; and
improve the quality of life for the citizens of the city;
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25. 1995
Page ~7 -
The proposed development protects surrounding property 'sfrom site Ughting "trespass, "
provides extraordinary stoma water protection, establislles a floor area ratio of only
approximaJely one sixth of the maximum FAR allowed in the most residentially-
compatible "standarrr' commercial zoning district (eN/maximum FAR of 0.3), and
improves land use compaJwilily between the subject property and tI,e surrounding
neighborhood.
(l)(d) Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly ancJ. beneficial
development of land within the city;
Land use compaJibility is significantly improved and specific buffering mzd lighting
restrictions are placed on the development to mmgaJe its impacts in order to protect tile
charocter, social stabiliJy and economic stability of this area of tlte city.
(l)(e) Protect and conserve the value of land throughout the city and the value of buildings and
improvements upon the land, and minimize the conflicts among the uses of land and
buildings;
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The proposed development will not only improve the value of the applicant's properly,
but, through increasing the compa/ibUity of the applicant's property with the
neighborhood and the development requirements of the City as a whole, property values
will be protected and likely increased.
(1)(0 Provide the most beneficial relationship between the uses of land and buildings and the
circulation of traffic throughout the city, with particular regard for safe and efficient
vehicular and pedestrian traffic movement;
Public sqfety in the area of traffic circulation is greaJly improved by tlte driveway
design of the proposed development and no level of se",ice impacts on cu(joining
roadways are anticipmed from ti,e proposed development.
(l)(g) Preserve the natural resources and aesthetic character of the community for both the
resident and tourist population consistent with the city's economic underpinnings;
71le proposed development's protection of tree canopy, creation of extraordinary
stonnWaler protection, illiJiation of a substantially--expediled poUution cleanup,
relocation of an unattractive dumpster, wzd compliance wiJ/z City landscaping and open
space requirements are all feaJures of the proposed development that address this
purpose statement.
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August 25 t 1995
Page -8 -
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(I )(h) Provide for open spaces through efficient project design and layout that addresses
appropriate relationships between buildings on the project site and adjoining properties,
including public rights-of~way and other public places;
The proposed zoning amendment establishes bllffers and open spaces in project design
that resalls ill the preservation oj tTee canopy and establisl,ment of significant buffers
between existing residential developments. CiJy sile development landscaping standards
wiU be met or exceeded by the proposed developme1lJ.
(l )(i) Protect and improve the quality of water resources and wetlands in both interior and
coastal areas and preserve floodplains, drainageways, and other natural areas having
beneficial hydrological characteristics and functions;
Cleanup oj existing pollution is expedited under the proposed amendment. In addition,
on-me stonnwaJer management is significantly improved and important tree canopy is
preserved.
(2)(a) Establish zoning districts of a size, type, location and with standards that reflect the
existing and desirable characteristics of a particular area within the city;
The scale and conditions associated wiJh this zoning amendment are specifically
intended to minimiu the penetration oj commercial activity into the Bayview
neighborhood while allowing reasonable commercial use of the subject property. The
proposed zoning district is sized, "typed," and located in a manner .to intended to
greatly improlle land use compatibility with surrounding properties while not
establishing any precedent for undesirable land use changes on sunvunding properties.
(2)(b) Establish pennitted and conditional uses correspondent with the purpose and character
of the respective zoning districts and limit uses within each district to those enumerated
as pennitted uses and conditional uses, respectively;
Uses for this particular development will be limited under the proposed rezoning to
three allowable uses. These uses are judged by staff to be compatible to surrounding
properties.
(2)(c) Establish use limitations for specified uses consistent with the zoning district in which
they are allowed and the particular charncteristics of such specified uses;
Use limitations are established for the property 'hrough sue design al,d identification
of only three pennitted uses for the property.
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25, 1995
Page -9 -
(2)(d) Enumerate those specific density, area, width, depth, height, setback, coverage and like
requirements for each district, and to make appropriate distinctions between categories
of use within districts, based on the general purposes of this chapter, the comprehensive
plan, and existing and desired community characteristics;
See comments under See 40.003(2)(0), (b) and (c) above. See also comments under
Sec. 36.066(5)(0) above.
(2)(e) Coordinate the provisions of this chapter with those coronary provisions relating to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city.
The overall site design for this proposed re:nning addresses the issues covered under
this subsection in 0 manner that greaJly improves compatibility with the sunvunding
neighborhood, the naJuroJ environment and the desired development pattern for the
entire CiJy.
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The above is a lengthy enumeration of the stafrs analysis of the proposed rezoning and land use
plan amendment in accordance with the standards for approval established in the land
development code. As noted at the outset, we do not generally provide a point-by-point
analysis, but in this case, it does seem necessary.
There are other issues raised by the public or the City Commission members in regard' to this
site development which had not been covered in my comments above. In particular, it was
stated that there was some unusual level of pollution of public aquifers in this area due to this
project. For your infonnation, most facilities in our City which dispense gasoline products
contain some level of on-site pollution. Only facilities which have been developed relatively
recently will have the necessary safeguards to address incidental or accidental transport of
polluting materials in accordance with currently accepted professional standards. It is a common
practice in the City, County and State to allow construction on low level contamination sites as
long as cleanup is commenced. The Checkers restaurant at Belleair Road and Missouri Avenue
is an example of a City development where cleanup continues a considerable time after the onset
of business operation.
In the case of the subject property, not only will cleanup be expedited under the proposed
development plan, Pinellas County Health Department testing of Mr. Jack Alvord's well in the
area indicates no unacceptable levels of contaminants that would preclude Mr. Alvord from
utilizing his well as a potable water source. This is likely due to the geology of the area which
includes a confining layer of clay or other material which does not allow potential pollutants to
enter the aquifer at this location. It should also be noted that) in the event that some level
unacceptable level of pollution does occur to Mr. Alvord's well) there are State funds available
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Meador Proposed Rezoning/Land Use Plan Amendment
August 25, 1995
Page -10 -
to assist him in tying into an available public water supply or to clean up his well as judged
appropriate by State and County regulatory authorities. There is a City of Clearwater water line
in the immediate vicinity of Mr. Alvord's house to which he could connect.
Another issue involves precedent - Will approval of this request result in the City having to
provide similar commercial zoning for other sites on Gulf-to-Bay Blvd? The City Attorney
effectively answered this question at the August 17, 1995 Commission meeting. In addition, the
staff report included in the Commission agenda item states:
"There are concerns about this action being regarded as precedential for other
nearby properties. Staff wants to clearly indicate that it supports this particular
change only because it resolves a difficult site design problem emanating from the
existing zoning line and structure location. Consequently, we are supporting this
as a solution to a very site specific problem. It
It is stafrs continuing position that the proposed development constitutes a very reasonable use
of the property given the current substandard development of the property, including a very
insufficient depth of commercial zoning (approximately 2S ft. in one comer) from the second
highest volume thoroughfare in the City, Gulf-to-Bay Boulevard.
l.~~:J
Finally, I must say that while I recognize the multitude of emotional feelings of the surrounding
neighbors, I feel City staff has done an outstanding job in addressing all valid concerns relating
to this development proposal. Staff has taken a detached, professional approach in dealing with
development issues associated with this site, has spent untold hours addressing each and every
concern raised by the surrounding property owners, has cajoled and demanded specific
development concessions from the property owner, and has otherwise conducted itself at a highly
professional level, resulting in what I feel is an extremely beneficial development plan for the
applicant, the surrounding property owners, and the general public.
I know you are in agreement with this last statement. I hope that this memorandum will assist
the Commission in coming to the same conclusion. Should you have questions or comments,
please contact me.
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