10/05/1995 (2)
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City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 5, 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 naIllil 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) Historic Preservation Board - Annual
Report ;
b) Planning & Zoning Board - Annual Report
6. Approval of Minutes - Regular Meeting
9/21/95
1. Rev. Dick Church, Calvary Baptist Church.
2. Mayor.
3. None.
4. Proclamation:
Fire Prevention Week - 10/8-14/95
Mental Illness Week - 1011-7/95
Displaced Homemakers (Women In Transition)
Appreciation Month - 10/95
Domestic Violence Awareness Month - 10/95
Florida City Government Week - 10/1 5-21/95
5. a) Report received.
b) Report received
6. Approved as amended.
.:) 7. Citizens to be heard re items not on the Agenda {maximum of 30 minutes I
John Doran thanked the Mayor for suggesting and the City Manager for supporting and marshaling
City staff to carry out the Sparkle Days Clearwater Beach Cleanup.
Dennis Henegar questioned where the sludge in his area is coming from citing health, safety and
welfare concerns. He expressed concern the city is spending a great deal of money on projects.
Commissioner Thomas reviewed what has been spent indicating other funding sources are being
considered for the downtown lake and bridge. Mr. Henegar asked the same consideration as other
downtown business owners re plantings.
Debra Turner complained regarding the odor and water contamination in N. Greenwood. She
expressed concern to any expansion of the Marhsall Street Plant and requested contamination be
cleaned up. Rich Baier noted the city has no plans for expansion and has not been cited for being out
of compliance.
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case. Witness may be cross-examined (15 minutesl.
-'10/5/95
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Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
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8. Public Hearing & First Reading Ords. #5918-
95 & #5919-95 - Land Use Plan Amendment
to Commercial General & CN Zoning for
property located at 1984 Sunset Point Rd.,
Sunset Oaks Sub., Lot 2 less road on Sand
part of Let 1 (t. J. Parham I Cope, Trusteet
LUP95-27, Z95-081
9. {Cant. from 8/17 & 917/95} Variance(s} to
Sign Regulations for property located at 2632
Enterprise Rd. [Europa of Countryside, A
Condominium, SV95-33)
10. Variance(s) to Sign Regulations for property
located at 2170 Gulf to Bay Blvd., Sec. 13-
29-15, M&B 14.05 (Albertsons I Albertsons
#4301, SV95-40)
--". 11. Variance(s) to Sign Regulations' for property
[, ) located at 1721 Gulf to Bay Blvd., part of
...,...-
Tract A, replat of Blk D of Suburb Beautiful
(Manny. Moe & Jack I Pep Boys Automotive
Supercenter, SV95~41)
8. Approved. Ords. #5918-95 & #5919-95
passed , 5t reading.
9. Approved 32.9 sq.ft. area variance to allow 2
entrance signs with an area of 56.9 sq.ft.
each, and height variances of 2.3' & 2.8' to
allow 2 entrance signs with heights of 8.3' &
8.8'
10.Approved 81.5 sq.ft. area variance to allow
attached sign with a total area of 145.5 sq.ft.
on the south face of the building.
11 . Withdrawn.
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 13 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
12. (Cant. from 9/7 & 9/21/95) Public Hearing -
Res. #95-61 - authorizing placement of liens
on propertfes for unpaid utility bills (FN)
13. Publlc Hearing & First Reading Ord. #5916-95
- Vacating W 4' of '0' drainage & utility
easement lying along E side of Lot 6, Blk C,
Northwood Estates Tract F less N 5'
(Mclaughlin, V95-' 2) IEN)
~1 0/5/95
12. Res. #95-61 adopted.
13. Approved. Ord. #5916~9 5 passed 1st
reading.
2
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:~ 14. Public Hearing & First Reading Ord. #5917-95
" . ' - Vacating 50' EIW r-o-w of an unnamed
street lying between Lots 3 & 4 of Blk 3 and
Lots 1 & 2 of Blk 6, Revised Map, Town of
Bay View subject to Pinellas County vacating
W portion and it being retained full width as a
drainage & utility easement (McMullen, V95-
07) (EN)
15. (Cant. from 8/3/95) Public Hearing & First
Reading Ords. #5875-95, #5876-95 &
#5877-95 - Annexation, Land Use Plan
Amendment to Residential low & RS-8 Zoning
for property located at 1531 Stevenson Dr.,
Stevenson's Heights Sub., Blk B, Lot 7
(Booth, A95-1S, LUP95-17)
,16. Public Hearing - Declaring surplus property, a
parcel lying within the boundaries of the
Memorial Civic Center parking lot, being a
portion of Lot 7, City Park Sub., on which to
place tower (eM)
14.Approved. Ord. #5917-95 passed 1 st
reading.
15.Approved. Ords. #5875-95, #5876-95 &
#5877-95 passed 1st reading.
16. Declared surplus.
Public Hearing - Second Reading Ordinances
,*,',';( 17.0rd. #5895-95 - Annexation for property 17.0rd. #5895-95 adopted.
o located at 1304 Parkwood St., Pine Ridge
Sub., Blk A, Lot 11 (Koger, A95-20)
18.0rd. #5896-95 - Land Use Plan Amendment 18.0rd. #5896-95 adopted.
to Residential Low for property located at
1304 Parkwood St., Pine Ridge Sub., Blk A,
Lot 11 (Koger, LUP95-23)
19.0rd. #5897-95 - RS-8 Zoning for property 19.0rd. #5897-95 adopted.
located at 1304 Parkwood St., Pine Ridge
Sub., Blk A, Lot 11 (Koger, A95-20)
20.0rd. #5898-95 - Annexation for property 20.0rd. #5898-95 adopted.
located at 1939 Sunset Point Rd., Sec. 1-29-
15. Pinellas Groves Sub., SW 1/4, part of Lot
3 (Pappas & Silvie, A95-211
21.0rd. #5899-95 - Land Use Plan Amendment 21.0rd. 1/5899-95 adopted.
to Residential Medium for property located at
1939 Sunset Point Rd., Sec. 1-29-15, Pinellas
Groves Sub., SW 1/4, part of Lot 3 (Pappas &
Silvie, LUP95-24)
22.0rd. #5900-95 - RM-16 Zoning for property 22.0rd. #5900-95 adopted.
located at 1939 Sunset Point Rd., Sec. 1-29-
15, Pinellas Groves Sub., SW 1/4, part of Lot
3 (Pappas & Silvie, A95-21 )
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010/5/95 3
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,-.....23.0rd. #5903-95 - Annexation for property 23.0rd. 1/5903.95 adopted.
,) located at 1850 McMullen Booth Rd., Sec. 4-
29-16, M&B 32.05 (Countryside Christian
Center, A95-22)
24.0rd. #5904-95 - Land Use Plan Amendment 24.0rd. #5904.95 adopted.
to Institutional for property located at 1850
McMullen Booth Rd., Sec. 4-29-16, M&B
32.05 (Countryside Christian Center, LUP95-
26)
25.0rd. #5905-95 - P/SP Zoning for property 25.0rd. #5905-95 adopted.
located at 1850 McMullen Booth Rd., Sec. 4-
29-16, M&8 32.05 (Countryside Christian
Center, A95-22)
26. - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-33) - 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.
1~::17. Declare personal property surplus to city needs; authorize disposal through Tampa Machinery
Auction, Tampa, FL (FN)
28. Contract for fleet (unleaded gasoline) fueling to Wright Express, Tampa, FL, for the period
11/1/95-10/31/96, with a 1-year option to renew, at an est. $428,650 (GS)
29. Contract extension for health insurance with Prudential Health Care System of Tampa Bay,
Tumpa, FL, under a fully insured funding arrangement for period 1/1/96-12/31/96, at an est.
$3,219,627 (HR)
30. Contract extension for mental health/substance abuse coverage with Professional Psychological
Services (PPS), for the period 1I1196~ 12/31/96, at an est. $162,326 (HR)
31. Contract for Crest lake Park Restroom Renovations to Oakhurst Construction Company, Inc., for
$36,956.40 (PR)
32. Agreement for professional services with Kimley-Horn and Associates to conduct a beach parking
feasibility study, for $65,276 (EN)
33. Approve removal of 4-Way stop installation at intersection of landmark Drive and Eagle Estates
Circle North / Meadow Hill Drive North (EN)
OTHER ITEMS ON CITY MANAGER REPORT
34. Reclaimed Water Rate structure for Single 34. ~irected staff to proceed.
Family, Multi Family & Open Space Customer
Classes; implement reclaimed water system
for Island Estates with funding provided by
--...110/5/95 4
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,~ rate structure; authorize preparation of work
'..",.1 order for production of detailed design /
construction plans thereof (EN)
35. Sky Tower Lease Agreement
36.Approve selection of Pier 60 Concession
Stand Operator
37.library Board - 1 appointment (elK)
38. Municipal Code Enforcement Board - 2
appointments (eLK)
39. Design Review Board - 1 appointment (eLK)
40. Other Pending Matters
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35.Approved.
36.Ranked: 1) Pier 60; 2) Hamilton; 3)
Engineering .
37.Appointed Marshall Bennett.
38. Reappointed Helen Kerwin. Continued 2nd
appointment.
39.Appointed Mac Boykins.
40. None.
CITY ATTORNEY REPORTS
41 . Resolutions
a) Resolution - Concerning the performance of
Angels of America at Ruth Eckerd Hall
b) Res. #95-77 - amending Rule # 12 of City
Commission Rules relating to continuances of
matters at the request of Commissioners
42. Other City Attorney Items
a) Risk Management's recommendation of
litigation to recover expenditures related to
acid spill occurring 1 2/26/94 at the NE
Wastewater Treatment Plant
First Reading Ord. #5925-95 - Submitting to
the City Electors a proposed amendment to
the City Charter, amending Sec. 2.01 (d)(4)(v)
to delete the referendum requirement for lease
of city property with the Land Use
Designation of Recreation I Open Space,
providing for a referendum election
V
b)
43. City Manager Verbal Reports
41.
a) Res. #95-78 adopted.
b) Res. #95-77 adopted.
42.
a} Approved initiating litigation.
b) Ord. #5925~95 passed 1 st reading.
The City Attorney scheduled an attorney/client
session for 10/19/95 at 5:00 p.m. re Miles lance
vs. City.
The City Manager announced the presentation to the tourist bureau regarding Harborview Center
funding has been reagendaed to December. Berfield suggested getting help from the community.
She reported the tire contract bid protest was pulled. She said the current contract expired 9130/95
and authorized a month to month extension with the previous vendor. Commission concurred.
Agendaed for next meeting.
'-.110/5/95
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.,...44. Other Commission Action
al City Manager Evaluation - Report given & salary adjustment made.
b) City Attorney Evaluation - Report given & salary adjustment made.
TtlOmafl requested requirement for citizens to sign up in advance for meetings be deleted and that we
go back to past practice of citizens to be heard being listed in one place on the agenda before public
hearings. Consensus to do.
Johnson questioned the commission's role on where to go during a hurricane. The City Manager said
arrangements were made to have shelters open if necessary due to "Opal." She said the
commission's role would be to help after the storm.
Garvey stated Sand Key Bridge tokens are no longer being taken and can be redeemed at the marina
: office. She suggested using the Sand Key tokens in conjunction with the Jolly Trolley tokens.
Commissioner Barfield to check on this.
Garvey thanked all the volunteers involved in the Clearwater Beach cleanup.
Garvey noted there is a Special Election on October 24, 1995 which will include the pension fund
issue on the ballot. She noted the issue's importance and encouraged everyone to vote.
45. Adjournment - 11 :00 p.m.
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010/5/95
6
October 5, 1995
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CITY COMMISSION MEETING
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, October 5, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Sue A. Barfield
Fred A. Thomas
J. B. Johnson
William 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
Mary K. Diana
Patricia Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Engineer
Assistant City Clerk
Board Reporter
1 ' )Ht*'~,
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The Mayor called the meeting to order. The invocation was offered by Reverend
Dick Church of Calvary Baptist 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 tl4 - Introductions and Awards
Proclamations:
Mental Illness Week -October 1.7, 1995
Displaced Homemakers {Women In Transition) Appreciation
Month - October 1995
Domestic Violence Awareness Month - October 1995
Fire Prevention Week - October 8 -14, 1995
Florida City Government Week - October 15 -21, 1995
ITEM 115 - Presentations
a} Historic Preservation Board - Annual Report
Stephen Alosa, Historic Preservation Board Chair, presented the report and said it
was difficult to evaluate the Board's accomplishments annually because of its advisory
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10/05/95
In 1995, the Historic Preservation Board prepared a letter to the City Commission
opposing the rezoning of a lot on Gulf-to~Bay Boulevard; 2) saluted J. Arlos Ogg, one of
Clearwater's first professional photographers, with an oral history event; and 3) initiated
the commissioning of Howard Hansen to survey the Bayview neighborhood. The
completed Master Site File forms were filed in the State Depository, Department of
Community Affairs, Division of Historical Resources.
,r-_.. nature. He said the Board is guided by the goals and objectiv~s included in the 1986
historic preservation element of the City's Comprehensive Plan. Primary objectives
include: 1) a historical identification marker program, designed to identify and memorialize
significant historical locations, coordinated with the Pinellas County Historical Society and
2) a letter writing campaign that recognizes citizens' sensitivity to historic preservation
activities and encourages participation in preserving Clearwater's rich heritage. The Board
has made recommendations to the City Commission regarding historical properties and has'
researched items for the City Commission.
Priority activities for 1996 include: 1} continuing a historical preservation
identification marker program: 2} continuing a historical preservation letter writing
campaign; 3) continuing participation and assistance in coordinating community historical
preservation awareness; and 4) continuing research of historical items for the Planning &
Zoning Board and City Commission.
l.;_'}
Mr. Alosa offered special thanks to Senior Planner Lou Hilton, board liaison, for his
dedication, commitment and knowledge. He welcomed new liaison, Don McCarty and
thanked the City Commission. The Mayor thanked Mr. Alosa and the Historic Preservation
Board for their service and expressed appreciation for the time the board dedicates.
b) Planning & Zoning Board - Annual Report
Kemper Merriam, Planning & Zoning Board Chair, presented the annual report. He
noted members travel approximately 25 miles visiting sitas before each meeting. Members
estimate they spend two hours of preparation for each hour of meeting time.
In the last year, the Planning & Zoning Board granted 77 conditional use permits
and denied 3. Of the four hearing officers or Commission appeals of Board actions, two
were withdrawn, one upheld the Board's decision and one is pending. The Board made 44
annexation, rezoning and land Use Plan recommendations and 27 land Development Code
Amendments recommendations. For 1996, Planning & Zoning Board priorities are: 1) site
lighting and 2) tlfine tuning" alcoholic beverage regulations.
The Planning & Zoning Board thanked the Commission and staff for their support.
They felt streamlining the Land Development Code improved the City's code
implementation and review procedures. Mr. Merriam thanked Central Permitting Director
Scott Shuford, Central Permitting Manager Sandra Glatthorn and Senior Planner Lou Hilton
for their guidance, advice and consideration. The Mayor thanked Mr. Merriam and the
Planning & Zoning Board for their service and time.
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mcc 1 Oa.95
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10/05/95
Mayor Garvey referred to page 24, paragraph 8 and noted the cleanup campaign
was called Sparkle Days.
; t__
.'-\ ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
Septamber 21, 1995. as amended. The motion was duly seconded and carried
unanimously.
ITEM #7 - Citizens to be heard ra itams not on the Aoanda
John Doran thanked the Mayor for suggesting the Sparkle Da\,s Clearwater clean up
and the City Manager for marshaling staff to assist. He said the beach looks better thanks
to approximately 60 volunteers. I
Dennis Heneoar distributed pictures of the water behind his house and submitted a
sample. He said the silting is sludge and suggested a problem exists at the nearby water
treatment plant. He expressed concern regarding his health, safety and welfare. The
Mayor said staff will investigate.
r.:)
Mr. Henegar questioned the source of funding for projects the City is building and
considering. Commissioner Thomas reviewed what had been spent. He said the City is
applying for other sources to fund the Memorial Causeway bridge and downtown lake. Mr.
Heneger requested the same consideration other downtown business owners receive
regarding tree planting in front of his downtown business
Debra Turner referred to the new pump station building at the Marshall Street
Advanced Water Treatment plant and expressed concern the North Greenwood community
would be affected by additional odor if another open tank is added. She said the
community has been breathing waste for years and asked the City Commission to support
clean up of the contamination and to limit the plant's expansion. City Engineer Rich Baier
said the City has no plans for expansion. During his tenure with the City, no City plants
have been fined for non-compliance with anti-pollution regulations. The Mayor indicated
changes will be made only to capture reclaimed water and no additional open digestive
tanks were planned. Mr. Baier said a storage facility and pumping station are all that are
planned.
PUBLIC HEARINGS
ITEM #8. - Public HearinQ & First ReadinQ Ords. #5918-95 & #5919-95 - Land Use Plan
Amendment to Commercial General & CN Zoning for property located at 1984 Sunset
Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (l. J. Parham I Cope,
Trustee, LUP95-27, Z95~08)
Rezoning is requested for lots at the intersection of Sunset Point Road and Hercules
Avenue, approximately 130 feet south of Barrington Drive North. The applicants are
requesting a zoning change to construct a freestanding McDonald IS restaurant. The
, "-"
mcc10a.95
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-..-....." subject lots are zoned Limited Office (OL) with a Land Use Plan Classification of
ResidentialJOffice General. A freestanding restaurant is neither a permitted nor a
conditional use in OL but is a permitted use in the Neighborhood Commercial (CN) zoning
district. It is proposed to rezone the property eN. The Future Land Use Plan Classification
of Residential/Office General would be changed to Commercial General to conform with
the Countywide Land Use Plan on properties to the south and southeast of the subject
property.
These properties abut a nursing home to the west. The nursing home is separated
from the proposed site by a retention pond and vegetative buffer. To buffer the nursing
home facility, the applicants intend to build a three to four foot high berm with a hedge
along the western property boundary. A fence is proposed to be constructed around the
retention pond area to enhance the safety of nursing home residents. This agreement is
not part of the proposed zoning request,
The combined lots addressed by this request are less than two acres, the minimum
lot size for the CN District. A Mobil Oil station occupies the 0.78 acre property south of
the proposed site and may become part of the proposed development. The service station
is in the County. Annexation and rezoning of that property would bring the entire area into
conformity and meet the acreage requirement for the proposed zoning district. Properties
on the south side of Sunset Point Road and east corner of Hercules Avenue and Sunset
Point Road already contain commercial developments zoned CN. The CN zoned area.
therefore. conforms with the two acre minimum.
t:;~i.;j If the proposed Future Land Use Plan and Zoning Atlas Amendments are approved,
the freestanding restaurant would be a permitted use. Staff feels the rezoning will
promote infill development and be consistent with the area land use and zoning patterns,
and the Comprehensive Plan that recommends nodal rather than strip commercial
development at major intersections. The remaining office area to the north will be
sufficient for office development to buffer the residential area farther north. No changes
will be recommended to intensify this zoning.
Sue Murphy. representative for the applicant, said McDonald's wants the land use
plan and zoning amendment for a development that wraps around the corner. She
distributed photographs of the area. Ms. Murphy said the applicant will landscape a berm
and fence in the retention pond next door at the nursing home. She reported her
conversation with the nursing home regarding compatibility issues and indicated the
nursing home volunteered five feet of property for the berm. She said approximately two
acres, zoned limited office, will buffer the neighborhood and restaurant. She said the
intended use is surrounded by like uses and located at the intersection of an arterial and
collector road. Ms. Murphy said infrastructure is in place and felt the request was
reasonable. '
Commissioner Thomas moved to approve the Petition for Future Land Use Plan
Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood
Commercial for Lot 2 and Part of Lot 1. Sunset Oaks Subdivision. The motion was duly
seconded and carried unanimously.
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mcc10a.95
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10/05/95
"Ayest!: Berfield, Thomas, Johnson, Justice and Garvey.
-,
The City Attorney presented Ordinance #5918.95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance 115918-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
The City Attorney presented Ordinance #5919-95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5919-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
LTEM #9 - (Cont'd from 8/17 & 9/7/95) Variance(s) to Sign Regulations for property
located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33)
I
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The applicant is requesting the following variances: 1) an area variance of 32.9
square feet from the permitted 24 square feet to allow two entrance signs with an area of
56.9 square feet each, and 2) height variances of 2.3 feet and 2.8 feet from the permitted
6 feet to allow two entrance signs with heights of 8.3 feet and 8.8 feet, respectively. The
subject property, zoned Multiple-Family Residential "Twelve," is east of US 19N on the
north side of Enterprise Road. The variances are requested to permit the two existing
entrance signs to remain.
.~~
Two freestanding signs identify Europa condominiums, one on each side of the
entrance drive. Each sign is more than double the 24 square feet permitted for signs in
residential zones. The signs also are higher than the 6 feet permitted in residential zones.
Staff feels special conditions warrant granting these variances. Numerous nearby
nonresidential properties are permitted signs larger and higher than the Europa ones. To
the west on Enterprise Road, properties are zoned Highway Commercial where signs can
be 112 square feet large and 20 feet high and Commercial Center where 150 square feet
sign can be 20 feet high. The property directly across Enterprise Road is zoned General
Office where 20 foot high signs can be 50 square feet large. The Europa signs are not out
of scale or character with other signs permitted in this mixed-use area. The Europa signs,
constructed of concrete blocks and bordered with brick trim, do not facilitate alterations.
The hardship imposed upon the applicant by strict enforcement of the code woulp
outweigh any benefit derived by the public.
Frederick Reimer, representative for the applicant, verified photographs of the
property presented him by Mr. Shuford. He requested the City Commission consider the
importance of the signs to emergency vehicles and requested authorization to replace the
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10/05/95
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''-''', signs it they are destroyed. It was stated replacement signag9 must conform to code.
unless a variance is obtained.
Commissioner Johnson moved to approve the following variances: 1) an area
variance of 32.9 square feet from the permitted 24 square feet to allow two entrance
signs with an area of 56.9 square feet each, and 2) height variances of 2.3 feet and 2.8
feet from the permitted 6 feet to allow two entrance signs with hoights of 8.3 feet and
8.8 feet, respectively, on property identified as Europa of Countrysldo, A Condominium, for
meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly
seconded and carried unanimously.
ITEM #10- Variance's) ~o SiQn ReQulations for property located at 2170 Gulf to Bay Blvd.,
Sec. 13-29.15, M&8 14.05 (Albertsons I Albertsons #4301, SV95-40)
The applicant is requesting the following variances: 1) an area variance of 192.3
square feet from the permitted 64 square feet to allow attached signs with a total area of
256.3 square feet and 2) a variance of one wall sign to allow four wall signs. The subject
property, zoned General Commercial, is on the north side of Gulf-to-Bay Boulevard
between S. Belcher Road and S. Main Avenue. The variance is requested to permit the
existing attached signs oriented to Gulf-to-Bay Boulevard to remain.
" ....~\
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Albertsons fronts two major thoroughfares and is allowed a double sign allocation.
The signs oriented to Belcher Road conform to COriA hIlt those orient!'!!"! to Gulf to 80'1
Boulevard do not. The arUi:i of attached signs oriented to Gulf-to-Bay Boulevard is 256.3
::iquBre feet, 192.3 square feet greater than the 64 square feet permitted by code. There
is one more sign than the three permitted.
The applicant contends the variances are warranted because Albertsons is 240 feet
from Gulf-to-Bay Boulevard and the Amoco station and Allied Tire store obstruct
westbound traffic's view of the store.
Staff feels the location of the Amoco station and Allied Tire store is not a special
circumstance upon which to base variance approval. Trees, buildings and other signs
partially obstruct the view of many signs in the City. The Albertsons sign is located in the
middle of the building sufficiently west of the Amoco station to provide a reasonably good
viewing angle. Enlarging an obstructed sign does not address or resolve the condition.
Only removal of the obstruction or relocation of the sign would correct the condition.
Staff feels the 240 foot setback from the street rightMof.way is a condition that
creates a need for an increased sign area but not to the extent requested by the applicant.
The code provides a 75% increase when a sign is 200 to 300 feet from a street right-of-
way. Albertsons is not availed of this increase on the Gulf-to-Bay Boulevard frontage
because the code specifies the increase is applied only to the area that remains following
subtraction of the area of the secondary signs from the maximum area allowed in the zone.
In Albertsons' case, the secondary signs are 110.8 square feet while the maximum area
permitted in General Commercial is 64 square feet. The remainder is less than zero and no
increase can be applied.
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Staff has prepared a draft code amendment to eliminate the subtraction of
socondary signs. If adopted, Albertsons would be allowed a 75% increase to the
allowable 64 square feet, for a total of 112 square feet. Staff recommends that
Albertsons be availed of this increase, anticipating adoption of an amending ordinance.
._......
Jack Miller, representative for the applicant, verified photographs of the property
presented him by Mr. Shuford. He distributed a report describing the difficulty traffic has
viewing the store and its signage. He noted the high turnover of Florida properties creates
the need for good signage to attract new residents as customers. He indicated Albertsons
had agreed to bring its freestanding sign into compliance with code.
Commissioner Thomas questioned the size of the current "Albertsons" sign and
logo. Mr. Shuford indicated the sign is 145.5 square feet. Commissioner Thomas
supported preserving the Albertsons sign and logo, as is, if the other signs are removed for
an uncluttered look. Mr. Miller said Albertsons would accept that proposal.
Commissioner Thomas moved to approve an area variance of 81 .5 square feet from
the permitted 64 square feet to allow an attached sign with a total area of 145.5 square
feet, on property identified as Sac. 13-29-15, M&B 14.05, for meeting Sec. 45.24
Standards for Approval, Items (1) - (4), subject to the following condition: 1) retention of
existing Albertson's sign and logo with no additional signage. The motion was duly
seconded.
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The Mayor questioned if the store could display three signs if they accept the
recommended 112 square foot limit. Mr. Shuford said that option could be offered.
Commissioner Thomas noted Mr. Miller's indication the proposed compromise was
acceptable.
For clarity, Mr. Shuford suggested adding to the motion, II on the south side of th~
building. "
Commissioner Thomas amended his motion to reflect this. The seconder agreed.
The amended motion reads to approve an area variance of 81 .5 square feet from
the permitted 64 square feet to allow an attached sign with a total area of 145.5 square
feet, on property identified as Sec. 13-29-15, M&B 14.05, for meeting Sec. 45.24
Standards for Approval, items (1) - (4), subject to the following condition: 1) retention of
existing Albertson's sign and logo with no additional signage on the building's south side.
Upon the vote being taken, the motion carried unanimously.
ITEM #11 - Variance's) to Siqn Reaulations for property located at 1721 Gulf to Bay Blvd.,
part of Tract A, replat of Slk 0 of Suburb Beautiful (Manny, Mae & Jack I Pep Boys
Automotive Supercenter. SV95-41)
,
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Mr. Shuford reported an October 4, 1995, letter from the Pep Boys' representative
requested withdrawal of this request and indicated the "pennants,tt which created the
need for the variance, will be covered or removed.
ITEM #12 - CCont'd from 09/07 & 09/21 /95) Public Heari!1Q - Res. #95-61 - authorizing
placement of liens on properties for unpaid utility bills (FN)
The property owners listed on the lien proposal have delinquent accounts with the
utility system for amounts greater than $100. As of July 24. 1995, these accounts are at
least 90 days delinquent. The Utility Customer Service Division notified these property
owners of their indebtedness and indicated the City may file liens on their property for the
amount of the delinquent account. The City Clerk notified the property owners of the
Public Hearing regarding their indebtedness pursuant to Chapter 32, Section 32.072 of the
City Code of Ordinances. The Finance Director and ,Assistant Director of Finance/Utility
Customer Service recommend filing liens against the listed property owners.
Commissioner Berfield recused herself from discussion because a listed property
owner is her husband's client.
Commissioner Johnson moved to authorize the placement of liens on properties for
unpaid utility bills and that the appropriate officials be authorized to execute same. The
motion was duly seconded. Commissioners Thomas, Johnson and Justice and Mayor
Garvey voted "Aye." Commissioner Berfield abstained. Motion carried.
.-',\
',~
The City Attorney reported one property owner had paid the outstanding account
and indicated a new list has been distributed.
The City Attorney presented Resolution #95-61 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-61 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
t!Ayes": Thomas, Johnson, Justice and Garvey
"Nays": None.
Abstain: Barfield
Motion carried.
ITEM #13 - Public HearinQ & First ReadinCl Ord. #5916-95 - Vacating W 4' of 10' drainage
& utility easement lying along E side of Lot 6, Blk. C, Northwood Estates Tract F less N 5'
(McLaughlin, V95-12) (EN)
The applicant is requesting to vacate the west 4 feet of the 10 foot drainage and
utility easement lying along the east side of Lot 6, Block C, Northwood Estates Tract uF,"
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The City has no existing utilities within the easement. Local utilities have reviewed
this request and have no objections. Engineering has no objection, provided the north 5
feet is retained as a drainage and utility easement. No other City department noted
objections. The City Engineer recommends approval of this request. .
"-', less the north 5 feet. The applicant wants to enclose an existing swimming pool and deck
constructed in May 1981. Only the deck encroaches 3.3 feet into the easement.
Commissioner Justice moved to approve the applicants' request to vacate the west
four feet of the ten foot drainage and utility easement lying along the east side of Lot 6,
Block C, Northwood Estates Tract "F," less the north five feet. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5916-95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5916-95 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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ITEM 1114 ~ Public Hearina & First Readino Ord. #5917-95 - Vacating 50' Etw r-o~w of an
unnamed street lying between Lots 3 & 4 of Blk 3 and Lots 1 & 2 of Blk 6, Revised Map,
Town of Bay View subject to Pinellas County vacating W portion and it being retained full
width as a drainage & utility easement (McMullen, V95-07) (EN)
The applicant is requesting to vacate the full 50 foot east/west row of an unnamed
/unpaved'street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6,
Revised Map, Town of Bay View. The applicant would like to vacate the right-at-way to
preserve the residential, "oasis" character of the subdivision and to protect a specimen oak
tree.
The City has no existing utilities within the right-of-way. The right-of-way is not
being used for vehicular traffic or parking. The west portion extends outside the Cityts
incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities has
provided a letter of no objection. Local utilities have reviewed this request and have no
objections.
Various City departments concerned with vacation requests have reviewed this
petition. Engineering has no objection provided PineUas County vacates the west portion
and all the right-of-way is retained full width as a drainage and utility easement. Originally,
Central Permitting recommended delaying this vacation until a consultant study was
completed this Fall. Central Permitting reconsidered the issue and now supports a
vacation as recommended. Other City departments have no objection. The City Engineer
recommends approval of this request.
Early Sorenson and Brian Mullen appeared as representatives of the applicant.
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"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
.-,
Commissioner Berfield moved to approve the applicants' request to vacate the 50
foot east/west right-of-way of an unnamed street lying between Lots 3 and 4 of Block 3
and Lots 1 and 2 of Block 6, Revised Map, town of Bay View subject to Pinellas County
vacating the west portion and it being retained full width as a drainage and utility
easement. The motion was duly seconded and carried unanimously.
Commissioner Thomas questioned if a letter had been sent to Pine lias County
requesting their cooperation with this vacation. Mr. Baier reported the letter is ready to
mail.
The City Attorney presented Ordinance #5917-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5917-95 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Nays": None.
ITEM #15 - (Confd from 08/03/95) Public Hearina & First Readino Ords. #5875-95,
#5876-95 & #5877~95 - Annexation, Land Use Plan Amendment to Residential Low & RS-
8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. 8,
Lot 7 (Booth, A95-15, LUP95-17)
" t ..',.~"
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The applicant has City sewer service but wishes to annex to receive a City loan to
renovate the property. The proposed zoning district is Single-Family Residential "Eight"
and the proposed Future Land Use Classification is Residential Low. On July 18, 1995,
the Planning & Zoning Board unanimQusly endorsed the proposed Annexation.
Mr. Shuford said research has indicated the property owner has paid the City's
sewer bill, including the 25% surcharge for non-city residents, for 18 years. He said no
other nearby lots have sewer service and stated he did not know how the sewer service
was started.
Commissioner Thomas moved to approve the Petition for Annexation, Future Land
Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single-Family
Residential "Eight" for Lot 7, Block B, Stevenson's Height including the right-of-way of
Stevenson's Drive abutting Lots 7 and 8. block 8. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance 115875-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5875-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Barfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
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The City Attorney presented Ordinance #5876-95 for first readIng and read it by
title only. Commissioner Johnson moved to pass Ordinance #587€-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
II Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5877-95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5877-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #16 - Public Hearing - Declarina surolus orooertv on which to olacs tower (eM)
The City proposes to enter into a land lease agreement with the Sky Tower
Corporation to provide a site for the corporation to erect a 335 foot tower on Clearwater
beach. It is necessary for the City Commission to declare the proposed tower site as
surplus to City needs before entering into the lease agreement.
," ".')
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The Mayor requested a thirty day continuance on this item. In answer to a question,
the City Attorney said according to the current language in the City Commission's Rule 12,
a vote for continuance would have to be taken.
James Grogan, President of Sky tower, L.C., spoke against the continuance. He
said he was filling a need of the City when he first visited in March, 1995. He felt concern
his integrity has been maligned. He said he spent many hours working with staff regarding
this project. He said he had met every demand placed upon him. He questioned why the
continuance was requested. The Mayor stated three candidates for a seat on the
Commission with opposing views face an election on October 24, 1995. As the tower
affects Clearwater beach, she felt citizens should have a voice by their vote in the matter.
She expressed concern Commissioner Justice1s support for the tower is based on
economics. Mr. Grogan felt the City had negotiated in bad faith and did not appreciate the
City leading him "down the primrose path. II Commissioner Justice felt the City
Commission should accept responsibility to make a decision tonight regarding this proposal
even though he originally had requested a continuance.
Commissioner Johnson moved to continue the item for thirty days.
In answer to'a question, the City Attorney did not think the City had acted in bad
faith. Commissioner Thomas expressed concern the delay was requested for political
reasons. The City Attorney noted a future Commission is not bound to approve a rezoning
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John Doran reported he was interviewed recently by Florida Trend Magazine
regarding the business climate in the City. He said he tried to accentuate the positive
regarding the steady millage rate, etc.. but expressed concern the local newspaper and
community at large are not supportive of tourism, business expansion and economic
growth. Mayor Garvey said the project should be appropriate for the beach and not be
considered solely for its money making potential.
i~
of the subject property if the lease is approved. Commissioner Thomas noted languago in
the lease addresses that.
Commissioner 8erfield said she had spoken with the opposition and had changed
some minds. She referred to the increased popularity of ecotourism and said the tower
could provide a wonderful destination for family oriented entertainment. She suggested a
tape could play during the ride describing the area's environmental issues and pointing out
local landmarks. She noted parking is not an issue and said if Mr. Grogan does not
perform, the project will not continue. Commissioner Barfield referred to those who had
expressed concerns the tower will affect their property values and noted the tower will
make money for the City which will benefit all property owners. She felt the tower's value
was being underestimated and said this Commission should make a decision.
Commissioner Berfield pointed out the Civic Center blocks the view of the tower from the
beach. She felt it would provide good, clean fun for tourists and would be positive for the
beach.
1~:)
Commissioner Thomas referred to page 3 of the Sky Tower lease and questioned if
the lease is approved tonight, would a future Commission be bound by this action if the
language regarding the City not being obligated to approve any applications for variances,
rezonings, etc., is deleted. The City Attorney reported the Commission cannot bind a
future Commission to act in a specific quasi-judicial way. The Commission can only work
on facts and law when an issue is brought before them. The City Attorney said she
included the language for clarification but felt deleting it would not change the City's legal
position.
Charles Pollick, representative of the Clearwater Beaches and Tourism Council,
spoke against delaying this issue. He noted few residents turned out for the recent
candidate forum and expressed concern regarding community apathy. He noted the City
Commission never addressed the Marina parking issue when the Admiral, Sea Screamer
and Captain Nemo boats began operation. He requested the issue be put to a vote tonight.
Alan Adler requested the Commission not obstruct the sunsets with an eyesore or
deface Clearwater's skies with laser shows. He said the tower will not be a cash cow for
the City nor will it enhance the beach. He opposed the City permitting Ugraffiti in the sky. II
John Casmer said the proposal was a monstrosity and suggested locating it in
Coachman Park where passengers could still view Clearwater beach. He warned a roller
coaster and Ferris wheel could follow. He questioned if the City is guaranteed the tower
project will make money. He noted the tower will have to be razed one day. Mr. Casmer
recommended against crowding people oft Clearwater beach.
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AI Lijewski felt Mr. Grogan has been jerked around in many directions and noted the
City had made major changes to his original proposal. He said the tower's structural
. integrity should be determined by experts and not speculation. He indicated the contract
includes guaranteed revenues. He expressed concern in establishing a precedent by
holding a referendum on this issue. He noted the winners of the bid for the concession
stand will have a business ready for them. Mr. Lijewski felt the City would profit from Mr.
Grogan's investment in his tower that has been appraised at $1.5~million. He said first
year revenues to the City could reach $150,000. He felt the tower would provide a
creative source of revenue for the City.
Mr. Grogan said the media and City Commission have discussed this issue a great
deal. He introduced structural engineer, Mr. Campbell, whom he retained to investigate
the tower. Mr. Campbell said his firm designs high rise buildings as an everyday activity.
He reported the plans have been translated from their original German. He noted the tower
was designed for a wind pressure 3.5 times less than what is required in Florida. Mr.
Campbell said he would make sure the tower will meet code to withstand local wind
forces,
Commissioner Thomas questioned why Commissioner Johnson had withdrawn his
support. Commissioner Johnson said his support was based on the City not providing any
special treatment for the project. In answer to a question, he said he also would have a
problem with locating the tower on private land.
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Bob Clark recommended the Commission reach a decision tonight. He felt
Commissioner Berfield's argument in favor of the tower was compelling but questioned if
the City wants the beach commercially driven. He noted strong concerns had been
expressed regarding a Bayview request regarding the use of Commercial Planned
Development (CPO) for small parcels. He noted the Marine Advisory Boardts
recommendation to halt the project. He said citizens do not understand the City's hurry to
decide something that will alter the beach. He suggested only the highest quality
attractions be brought to Clearwater beach. Mr. Clark said a Wisconsin transplant had
indicated residents from that state are glad to see the tower leave.
The Commission recessed from 8:01 to 8: 11 p.m.
Bill Kirbas noted all attractions differ. He said Clearwater beach is not the only
destination with nice beaches and weather. He felt a resort area needs more than one
single attraction and recommended that the beach be attraction oriented.
David little said the project requires vision and imagination and recommended
against "looking a gift horse in the mouth." He noted tourists are attracted to towers and
tall buildings in Chicago, Orlando, Seattle. etc. Tourists could see the beauty of the area
from a different perspective and understand Clearwater beach is an island. He suggested
nearby islands also could be seen. Mr. Little noted the ugly water tower and unattractive
antennae on condominium roofs already stand on the beach. He requested the City
Commission not take more "fun" out of Clearwater beach.
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Commissioner Thomas indicated this Commission may approve the lease but the
new Commission may deny the needed zoning request and nullify the lease. He
questioned if Mr. Grogan wanted to continue or wait until a new Commissioner is elected.
Mr. Grogan said he was willing to "roll the dice" and requested a decision tonight. He
said the tower would be good for Clearwater beach and referred to complaints regarding
business losses there. He questioned where the tourists are if they love the beach.
eO ..-..
Jay Keyes noted his home will be in the shadow of the tower's proposed location
but did not feel its construction would be detrimental to his property values. He suggested
the City Commission start listening to beach business people and noted many are near
foreclosure. He said the tower will not cure the beach's problems but it would help.
Mr. Grogan said he was tired of hearing his tower is a pile of junk. He reported it
was built by the leading, quality German and Swiss engineering firm and manufacturer. He
said the firm has towers in many locations and none has failed economically or
structurally. He said the tower will not be tacky.
Albert Sakey felt the Commission should address the Mayor's request before
continuing further discussion.
The Mayor requested the Commission honor her request for a continuance.
. II"'''''''''~~\
I 0
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The motion was duly seconded. Commissioner Johnson and Mayor Garvey voted
II Aye"; Commissioners Berfield, Thomas and Justice voted "Nay." Motion failed.
Commissioner Thomas moved to declare as surplus for the purpose of entering into
a lease agreement with Sky Tower Corporation, a Florida Limited Liability Company, a
parcel lying within the boundaries of the Memorial Civic Center parking lot being a portion
of Lot 7, CITY PARK SUBDIVISION, as more particularly described in Exhibit "A," and that
the appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioners Berfield, Thomas and Justice voted "Aye"; Commissioner Johnson and
Mayor Garvey voted "Nay." Motion carried.
Public Hearina - Second Readina Ordinances
ITEM #17 - Ord. #5895-95 - Annexation for property located at 1304 Parkwood St., Pine
Ridge Sub.; Blk. A, Lot 11 (Koger, A95-20)
The City Attorney presented Ordinance #5895-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5895-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nayslt: None.
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
--. ITEM #18 - Ord. #5896-95 - land Use Plan Amendment to Residential low for property
located at 1304 Parkwood St., Pine Ridge Sub., Blk. A, lot 11 (Koger, lUP95-23)
The City Attorney presented Ordinance #5896-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5896-95 on
second and final reading. The mO,tion was duly seconded and upon roll call, the vote was:
"Naystt: None.
ITEM #19 - Ord. #5897-95 - RS-S Zoning for property located at 1304 Parkwood St., Pine
Ridge Sub., Blk. A, lot 11 (Koger, A95-20)
The City Attorney presented Ordinance 115897-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5897-95 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 #20 - Ord. #5898-95 - Annexation rur pruperty located at 1939 Sunset Point Rd.,
Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21)
The City Attorney presented Ordinance #5898-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5898-95 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 1121 - Ord. #5899-95 - Land Use Plan Amendment to Residential Medium for
property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4,
part of Lot 3 (Pappas & Silvie, LUP95-24)
The City Attorney presented Ordinance #5899-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5899-95 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 #22 - Ord. #5900-95 - RM-16 Zoning for property located at 1939 Sunset Point Rd.,
Sec. 1-29-15, Pinel/as Groves Sub., SW 1/4, part of lot 3 (Pappas & Silvie, A95-21)
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--.
The City Attorney presented Ordinance #5900~95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5900~95 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. #5903-95 - Annexation for property located at 1850 McMullen Booth
Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22)
The City Attorney '"JresBnted Ordinance #5903-95 for second reading and read it
by title only. Commissioner Justice moved to pass and adopt Ordinance #5903-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes"; Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #24 - Ord. #5904-95 - Land Use Plan Amendment to Institutional for property
located at 1850 McMullen Booth Rd., Sec. 4~29-16, M&B 32.05 (Countryside Christian
Center, LUP95-26)
,"j
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The City Attorney presented Ordinance #5904-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5904~95 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 #25 - Ord. #5905-95 - P/SP Zoning for property located at 1850 McMullen Booth
Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22)
The City Attorney presented Ordinance #5905-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5905-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #26 - Citizens to be heard re items not on the Agenda ~ None.
CITY MANAGER REPORTS
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.-..., CONSENT AGENDA (It~ms #27-33) - Approved as submitted
ITEM #27 - Declare personal property surolus to city needs; authorize disposal through
Tampa Machinery Auction, Tampa, FL (FN)
ITEM #28 ~ Contract for fleet (unleaded gasoline) fuslina to Wrioht Express, Tampa, FL, for
the period 11/1/95-10/31/96, with a '-year option to renew, at an estimated $428,650
(GS)
ITEM #29 - Contract extension for health insurance with Prudential Health Care System of
Tampa Bay, Tampa, FL, under a fully insured funding arrangement for period 01/01/96-
12/31/96, at an estimated $3,219,627 (HR)
ITEM #30 - Contract ext~nsion for mental health/substance abuse coveraee with
Professional Psychological Services (PPSl. for the period 01/01/96 -12/31/96, at an
estimated $162,326 (HR)
ITEM #31 - Contract for Crest lake Park Restroom Renovations to Oakhurst Construction
Company, Inc., for $36,956.40 (PR)
ITEM #32 - Aqreement for orofessional services with Kimlev-Horn and Associate$ to
conduct a beach parking feasibility study, for $65,276 (EN)
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ITEM #33 - Approve removal of 4-Way stoP installation at intersection of landmark Drive
and Eagle Estates Circle North / Meadow Hill Drive North (EN)
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
ITEM #34 - Reclaimed Water Rate structure for SinQle Familv. Multi Familv & DDen Space
Customer Classes; implement reclaimed water system for Island Estates with funding
provided by rate structure; authorize preparation of work order for production of detailed
design/construction plans thereof (EN)
For non-potable/irrigation use of reclaimed water, the community "at large" of
Island Estates expressed a strong interest (356 residents out of 567). The City's barrier
islands were selected for initial implementation due to high potable water usage per
Equivalent Residential Unit, a lack of available shallow wells and the ability to pay for the
infrastructure.
Being that: 1) potable water is a valuable resource that needs to be conserved,
particularly in coastal communities; 2) treated wastewater, also a valuable water resource,
can be used safely for irrigation purposes and helps conserve potable water; and 3) the
City has determined to establish and construct a reclaimed water system making treated
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....... wastewater available in certain areas of the city for irrigation purposes; and 4) according
to its Comprehensive Growth Plan, the City planned to have a reclaimed system
constructed and in operation by 1995; 5) the City must renew its surface water discharge
and water utilization permits which are expected to be scrutinized considering the amount
of unused wastewater produced by the City; and 6) the City Commission wishes to
establish terms and conditions regarding use of the reclaimed water system.
The City currently produces daily approximately 14.5-million gallons of treated
water and discharges 12.S-million gallons into Clearwater Harbor and Tampa Bay. The
City is prepared to apply for a grant of approximately $1 .8-million to subsidize the
transmission facility construction to the maximum extent possible. The City Engineer is
requesting SWFWMD to subsidize the distribution facilities, a change in SWFWMD's
funding philosophy. SWFWMD is tentative but considering the request, The City will
apply for such grant funds subsequent to Commission action.
An engineering consultant prepared the subsequent rate structure which reflects a
saving to the typical consumer from current potable water supply rates. To illustrate the
cash benefits, the proposed reclaimed water rate structures have been compared to
existing metered water rates although the initial reclaimed water supply will not be
metered. This concept is consistent with other municipalities as they have implemented
this utility and metered only as demand exceeded supply.
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Staff recommends implementation of the proposed rate structure and notes the
City's impending potable water supply shortage. Unfortunately, Clearwater beach did not
exceed the 50% petition signatures required to demonstrate adequate interest to justify
the expenditure of funds to service that community. The City will install lines with
sufficient reserve capacity to provide reclaimed water service to these potential consumers
on Clearwater beach
Mr. Baier reviewed the proposed connection charges for reclaimed water. He
reported Island Estates had passed the SO% petition threshold and qualified for reclaimed
water. He said part of the system's cost will be subsidized by the Anclote Basin board.
He estimated 500 homes will be affected. Customer classes include open space at: 1)
$70.25 monthly; 2) single family homes at $18 monthly, and 3) multi-family homes at
$4.72 monthly. He compared average monthly bills with the proposed rates and showed
the substantial savings each user will receive. Outside water use on Island Estates
averages 1,600 ccf monthly. Properties who choose not to receive reclaimed water will
be charged an availability fee of: 1) open space at $39.89 monthly; 2) single family homes
at $14.65 monthly, and 3) multi-family homes at $3.89 monthly. Mr. Baier said to
address concerns multi-family rates could be out of line, a maximum cap has been initiated
at the one acre open space rate. He said staff will come back with revisions and
ordinances in approximately three weeks.
Fred Backum, representing the Island Estates Civic Association, said the City's
number one priority is distributing reclaimed water to reduce usage of potable water. He
noted the demand for potable water is increasing. He noted Pinellas County has indicated
they want Clearwater's reclaimed water. He felt it was a waste of natural resources to
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Fran Blissman, representative of the Board Civic Association, said the most
important issue Florida soon will face is water. He reported he had chaired a petition drive
and read it to the City Commission. Mr. Blissman requested the Commission support the
construction of an infrastructure to distribute reclaimed water. He noted strong support
among Island Estates) property owners. He noted the community was committed to use
reclaimed water and hoped the system would be implemented.
,-... pump 15-million gallons of water into Tampa Bay and Clearwater Harbor daily. He said the
environment is crying for reclaimed water and the City Is decades behind in its efforts. He
said the City must stop wasting water.
John Doran, President of the Clearwater Beach Association, encouraged the City
Commission to bring reclaimed water to Clearwater beach. He said the petition drive on
the beach included a mailing to 600 metered residences, advertisements in the Beach
Views and petitions at town meetings. He said the 325 property owners who indicated a
desire for the program did not equal 50% of Clearwater beach residents. He requested
piping reclaimed water to Clearwater beach anyway.
Nick Callavokls favored the project and encouraged the Commission's support.
Joe Gada said he supported projects for reclaimed water City-wide.
," )
'...!"
The Mayor questioned why Island Estates was selected first. Mr. Baier explained
the City was divided into regions by a master plan. Island Estates was chosen based on
consumption, probable acceptance and the prohibition of shallow wells there due to the
possibility of salt water intrusion into the water table. He said plans are for other
communities to hook on in the future.
Debra Turner said the North Greenwood area continues to smell sewage from the
Marshall Street water treatment plant but has been overlooked when it comes to receiving
the benefit of reclaimed water. She said the City needs to consider another source for
reclaimed water. She complained her neighborhood has hosted everybody's sewage for
30 years and noted trash was once burned there. She said water near the plant is
contaminated and expressed concern millions of dollars are being spent elsewhere while
the North Greenwood neighborhood bears the burden. She requested the City not use the
Marshall Street plant as a future site for reclaimed water.
Commissioner Thomas noted the Marshall Street plant already produces the water
that will be piped to Island Estates and will not produce community contamination. He
said staff had already indicated they would review her complaint regarding odor emanating
from the plant. He felt reclaimed water is not an issue as it currently is being pumped into
Clearwater Harbor. Ms. Turner expressed concern the project would result in pumps,
motors and expansion of the Marshall Street plant. She worried another digestive tank
would be added within the next five years and requested the Commission consider another
location for the reclaimed water site.
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The Maypr noted the City would not produce sewage for reclaimed water. Mr.
Baier said additions to the Marshall Street plant include additional filtering, a storage tank
and small pump house. He reported the City recently removed an ugly incinerator and is
ready to landscape the site. He said the park next door has already been seeded and
mulched. Ms. Turner challenged the City to visit the area around 9:00 p.m. to note the
odor. Mr. Baier said the contamination in Stevenson's Creek is not from the Marshall
Street plant. He said staff is working on plans to address runoff. He said the City is
required to report fecal chloroform counts if they exceed a certain limit and noted the City
has not been fined on the issue recently.
Commissioner Thomas moved to direct staff to amend the City's code of
Ordinances to implement a reclaimed water system for Island Estates with funding
provided by the accompanying rate structure and authorize staff to prepare a work order
for the production of detailed design/construction plans thereof, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #35 - Sky Tower Lease Aareement
~..~~.i
The City Attorney presented a lease agreement between the City and Sky tower,
lC for Commission review. She reported amendments were made based on discussion at
the October 2, 1995 Work Session. She referred to page 3 and noted the letter of credit
or surety bond will be for $175,000. On pages 5 and 6, the City Attorney indicated a rent
provision states in the event the tower is in operation for less than 335 days a year, the
City will be paid a prorated share. Additional down days for weather are permitted. She
reported she met with Mr. Grogan to address Commission concerns and noted the base
rent will escalate to $85,000 per year by the 10th year of the lease.
Commissioner Berfield questioned if the surety bond would cover removal of the
tower should Mr. Grogan not meet all City conditions. The City Attorney said the proforma
could be used as a basis to evaluate the lease. She noted Mr. Grogan objected to that
provision as it would make the lease cancelable. She stated Mr. Grogan needs a minimum
20-year lease to qualify for financing. She reported no agreement was reached regarding
establishment of a minimum attendance requirement.
Commissioner Justice questioned under what circumstances would the tower have
to be removed. The City Attorney said the tower would be removed if it fails to meet
safety standards, the conditions of the lease, etc.
Commissioner Barfield questioned if the posted bond will stay in effect the entire
time the tower stands and if the bond will be used to remove it. The City Attorney stated
Mr. Grogan can remove the tower at the expiration of the lease in the way he chooses. If
he does not remove it, the bond will be used for that.
Commissioner Thomas moved to approve the lease agreement between the City
and Sky tower, lC to lease approximately 5,085 square feet of the Memorial Civic Center
Parking lot for a term of 20 years with the option of renewal for the construction and
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-.." operation of a tower. The motion was duty seconded. Commissioners Berfield, Thomas
and Justice voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion
carried.
Commissioner Berfield questioned if a laser show would be presented nightly.
Commissioner Thomas believed laser shows ~ould be presented a total of 40 days
throughout the year. The City Attorney noted a change on page 1 identities the City
Manager as the agent who will approve the original site plan.
ITEM #36 - Aoorove selection of Pier 60 Concession Stand Ooerator
The Mayor recommended the Commission "short listtt the respondents to include: 1)
the Hamilton Family; 2) Pier 60 Concessions (Steven Chandler); and 3) Engineering staff.
She requested a ranking so staff can begin negotiations. She clarified the management
team and City Commission did not use tax dollars to give the Engineering staff an edge in
the competition. She said Engineering's efforts would be run as a self-supporting
enterprise fund.
Commissioner Thomas recommended choosing a finalist from both the private and
public sectors. He was impressed with Pier 60 Concessions and their commitment to the
child safety issue, Jolley Trolley, uniforms and a friendly atmosphere. He said they had
done an outstanding job at the Beach Diner and had offered the highest economic
package. He recommended Engineering as the top respondent on the public side.
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Commissioner Justice leaned toward the Hamilton Family, first, as they have been
here a long time and have done a good job, and Pier 60 Concessions, second.
Commissioner Johnson also liked both of those proposals as well as Engineering.
He noted the Hamilton family has handled well their 34 year old business relationship with
the City.
Commissioner Berfield felt Pier 60 Concessions had the competitive edge and noted
their proposal regarding child safety was impressive. She also liked the suggested ties to
the Jolley Trolley and Pier 60 and the proposed giveaway of tokens with purchases. The
Mayor agreed saying she too was impressed by the auxiliary things offered by Pier 60
Concessions.
Commissioner Johnson said he liked Engineering's proposal. On the private side, he
was quite impressed with Pier 60 Concessions' presentation but noted a concern the
figures may be exaggerated. He felt the concession stand should be run by a private firm.
The Mayor agreed. Commissioner Berfield said she also liked Engineering's proposal but
supported Pier 60 Concessions as the top choice. She said her decision had nothing to do
with the quality of Engineering1s presentation.
Commissioner Thomas noted taxpayers would benefit if the City ran the concession
stand but felt the Engineering Department already is overworked. He said Mr. Baier would
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have headed a successful operation. He felt Mr. Baier was hired as the City Engineer and
has that job to fill. He recommended a private firm run the stand.
Commissioner Thomas moved to assign the lease of the Pier 60 Concession Stand
to a private firm and to rank the proposals for negotiation purposes as: 1) Pier 60
Concessions; 2) the Hamilton Family; and 3) Engineering. The motion was duly seconded.
AI Lijewski agreed with the Commission's approach and felt Pier 60 Concessions
made the best presentation. He suggested the City consider the Engineering Department's
bid because the Concession Stand will cost the taxpayers $360,000 to build on a public
beach. He felt City staff would do a good job and the enterprise would provide a new
source of revenue that could be used to fund the tourism bureau, etc. Mr. Baier said his
staff will work with the chosen respondent regarding environmental issues.
Upon the vote being taken, the motion carried unanimously.
Commissioner Johnson thanked Mr. Hamilton for his kind letter.
ITEM 1137 - Librarv Board - 1 aooointment (eLK)
Commissioner Thomas moved to appoint Marshall Bennett. The motion was duly
seconded and carried unanimously.
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ITEM #38 - Municioal Code Enforcement Board - 2 aooointments (eLK)
Commissioner Thomas moved to reappoint Helen Kerwin. The motion was duly
seconded and carried unanimously.
Commissioner Thomas requested a staff recommendation for the engineer position.
Commissioner Johnson moved to continue the second appointment to a date
uncertain. The motion was dUly seconded and carried unanimously.
ITEM 1139 - Design Review Board ~ 1 aooointment (eLK)
Commissioner Johnson moved to appoint Mac Boykins. The motion was duly
seconded and carried unanimously.
ITEM #40 - Other Pendina Matters. None.
CITY ATTORNEY REPORTS
ITEM #41 - Resolutions
a) Res #95-78 - Concerning the performance of Angels in America at Ruth Eckerd Hall
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Discussion ensued in regard to whether the language in the resolution would be
perceived as a threat to withhold funds.
. --, The City Attorney presented Resolution #95-78 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-78 and authorize the
appropriate officials to execute same. The motion was duly seconded.
Commissioner Johnson said this item has received a great deal of publicity and felt
the Performing Arts Community Theater (PACT) was .9;ware of the Commission!s feelings.
He said the resolution was unnecessary. He said sending a letter requesting PACT to be
more discreet would achieve the same effect. He felt the Commission is making a mistake
and should not act as censors. Mayor Garvey agreed aU the Commissioners honored
family values. She noted videos available in local retail stores are worse. Commissioner
Justice noted the City does not subsidize video stores. In answer to a question, the City
Attorney said the resolution is not a threat. She said she was careful with the language
requesting PACT to he sensitive when booking performances.
Commissioner Thomas said it was important the Commission continued to stand
strongly on issues such as nudity and pornography to protect the community from their
secondary effects. He hoped the Commission would support the resolution unanimously.
He said the resolution indicates the Commission expects certain standards be met.
, <~)
Bill Wolfe, member of the Countryside Christian Church pastoral, thanked the City
Commission for standing up for morality. He expressed concern the City is spending tax
money to promote nudity and sexual situations while it rids the community of t-back
swimsuits, nudity, etc. He requested the City stop financially supporting this kind of
activity.
Marge Sweeney expressed concern regarding the decay of society and moral
decline. She requested the City not use tax dollars to subsidize further decay of the
community. She requested the Commission do the moral thing for a good, strong and safe
society.
Rita Peck, representing the Christian Coalition, referred to the petition she
presented at the September 21, 1995 meeting against PACT's decision to present "Angels
in America. t. She said they were concerned with family values and submitted additional
petition signatures. She said the City has sent more than $6-milllon to PACT in subsidies.
She expressed concern they would book this play.
Tom Sehlhorst recommended also sending letters of complaint to community drug
dealers and prostitutes.
Joseph Smith thanked the Commission for their courage and noted the City's desire
to provide family entertainment. He expressed concern regarding the play's themes and
nudity which are not family entertainment. He requested the Commission protect children,
the City's natural resource.
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Alice Siebolt said the Commission's action was not censorship but concern for the
community's families and children. She said when money was originally appropriated to
Ruth Eckerd Hall, the City was not aware they would book this type of programming. She
said those against the resolution need to consider those they represent. Ms. Siebolt
requested the Commission consider the City's future.
:~ Janette Smith expressed concern regarding those who would be drawn to the area
" to view the play. She recommended spending tax dollars appropriately. She felt
indecency undermines the natlonts principles. She agreed pornographic videos and crack
houses are also wrong.
Upon roll call, the vote was:
"Ayesll: Berfield, Thomas, and Justice
"Nays": Johnson and Garvey
Motion carried.
b) Res. #95-77 - amending Rule 111 2 of City Commission Rules relating to continuances of
matters at the request of Commissioners
1.~:J
Commissioner Justice spoke against the rple because he did not fetli one
Ccmmis:$ioner should have the power to delay an item. He suggested three members
should agree to a delay. Commissioner Thomas concurred. He said the rule has caused a
great deal of divisiveness on the board. Mayor Garvey agreed and noted its inconsistent
implementation has been a farce.
Commissioner Justice questioned when the rule was first put into play.
Commissioner Thomas said prior Commissions used it as an unwritten rule until
Commissioner Berfield tried to delay action on the purchase of the Sun Bank building. He
said to solve the problem, it became a rule when he joined the Commission. He felt the
rule has created controversy especially when the City Attorney indicated the Commission
must vote on requests for delay. Commissioner Justice said he does not re~all such an
unwritten rule when he served as a Commissioner previously. The Mayor agreed she did
not recall the unwritten rule.
The City Attorney recommended striking the first and last sentences of the
proposed changes made to Rule 12 and modifying the second sentence to read, "A
continuance may be granted by a majority vote of the Commission upon the motion of any
Commissioner. "
The City Attorney presented Ordinance #95-77 for first reading and read it by title
only. Commissioner Thomas moved to pass Ordinance #95-77 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.
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ITEM #42 - Other City Attornev Items
a) Risk Management's recommendation of litigation to recover expenditures related to acid
spill occurring 12/26/94 at the NE Wastewater Treatment Plant
Risk Management personnel have pursued, without success, reimbursement of
$98,648.91 for the acid spill cleanup. The acid spill occurred when a faulty sight gauge
broke and released approximately 2,500 gallons of 98% sulfuric acid onto the ground.
The sight gauge, part of new construction work, was under warranty when the spill
occurred.
Staff feels the City can recover the sum but will need to initiate litigation to effect
collection. The following parties were put on notice of the City's claim by a letter dated
May 9, 1995: 1) McKim & Creed Engineers, PA, 2) Briley, Wild and Associations, Inc.; 3)
Walbridge Contracting, Inc.; and 4) Mohawk Contractors, Inc.
Commissioner Thomas moved to approve the filing of a lawsuit against the four
companies to recover the costs of the acid spill. The motion was duly seconded and
carried unanimously.
I ....."
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b) First Reading Ord. #5925-95 - Submitting to the City Electors a proposed amendment to
the City Charter, amending Sec. 2.01 (d)(4)(v) to delete the referendum requir~ment for
lease of city property with the land Use Designation of Recreation I Open Space,
providing for a referendum election
The City Attorney presented Ordinance #5925-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5925~95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
t!Nays": None.
The City Attorney requested an attorney/client session regarding Miles lance
versus the City be scheduled for October 19, 1995 at 5:00 p.m. Consensus was to so
schedule.
The Commission recessed from 10:07 to 10:21 p.m.
ITEM #43 - City Manaaer Verbal Reports
The City Manager reported a presentation scheduled for October 11. 1995, to
request funding for Harborview expansion from the Convention and Visitor's Bureau has
been pulled and rsaQendaed for December. She said some issues require clarification and
,
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review. Commissioner Berfield suggested people in the community could help with the
Harborview presentation.
The City Manager reported the tire contract was pulled due to a bid protest. She
noted the previous contract expired on September 30, 1995 and authorized a month to
month contract with the previous vendor. The Commission concurred. She reported a
three-month extension is agendaed for the next meeting.
ITEM #44 ~ Other Commission Action
a) City Manager Evaluation
Commissioner Justice said he was impressed with the City Manager's performance
during his limited tenure. He noted she met over 95% of her goals and rated her
performance "Outstanding." He said she was not too forceful of a leader; however, her
style appeared successful. He said the City Manager gets things done in a quiet way and
commended her. He said Ms. Deptula has provided him with all the help he has needed
and encourages her staff with positive remarks.
L,:;J
Commissioner Johnson said in his short time on the Commission, he found the City
Manager to be very helpful and knowledgeable. He said Ms. Deptula clearly explains
procedures and has answered all his questions. Information he requests is sent promptly
and is always correct. Commissioner Johnson agreed with her self evaluation and was
impressed with Ms. Deptula crafting a City budget that did not include an increase to the
millage rate. He felt her personal development plan was in the best interest of the City
and involved an ongoing process. He said it was clear the City Manager carries out her
duties in accordance with the City Charter. He rated her performance "Outstanding." He
admired her for presenting the facts as they are.
Commissioner Barfield indicated she had encouraged privately the City Manager to
work on some things. She said the agenda items need to be moved more quickly and felt
the Commission needs to provide her with better direction. She said problems she had
brought to the City Manager's attention were handled promptly. She said the City
Manager does a thorough job meeting with each Commission. She said Ms. Deptula works
well with staff and has exhibited a marked improvement in the last year. Commissioner
Berfield said the City Manager had exhibited a great deal of initiative by establishing a
growth program for herself.
Commissioner Thomas said he had discussed privately many items with the City
Manager. He said his overall public evaluation indicates the City has one of the finest city
managers although he did not think she had achieved her level of excellence. He felt her
talent was untapped and vast. Commissioner Thomas felt she will improve in the future as
she continues to grow. He noted Ms. Deptula is a new city manager and it takes awhile to
understand all the limits of being a chief executive. He felt Ms. Deptula would grow into
the job. He felt Clearwater's citizens are blessed to have a City Manager with integrity
and love for her city. He said Ms. Deptula has the talent and ability to be the greatest
Clearwater City Manager ever.
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The City Manager thanked the Commission members for their candor and said she
learns from each of them. She thanked Deputy City Manager Kathy Rice and Assistant
City Manager Bill Baker and all Department Directors for their support. She said the praise
she has received is due to the work they have done. She said her team is a fine and
interesting group of people.
Mayor Garvey said the City Manager is doing a good job. The Mayor noted the City
Manager is knowledgeable and communicates wen. She complimented Ms. Deptula's
team approach that uses the strengths of team members. The Mayor noted Ms. Deptula
works well with staff and encourages them. She said the City Manager is responsive,
open and personable and cares about the City. The Mayor felt the City Manager is doing
an excellent job.
The Mayor noted the City Manager's current salary is $84,800 and questioned
what level of increase should be considered. She noted Ms. Deputy's request for the City
to buy back one week's vacation. Ms. Deptula said after donating three vacation days to
the SAMP pool and scheduling vacation, she still has seven remaining days and requested
the City buy back five. She reported when her compensation package was discussed last
year, she would qualify for a 10% increase if all Commissioners rated her performance as
"Outstanding." If not all Commissioners agreed, she would receive a 6% increase based
on a "Highly Successful" rating and a 4% increase based on a "Satisfactory" rating.
t,".~:;~
Commissioner Thomas moved to increase the City Manager's salary by 6% and
buying back one week's vacation.
Commissioner Johnson expressed concern the City Manager's salary is lower than
what comparable sized cities pay. It was noted other city managers may have more
experience. Commissioner Thomas noted he had not rated Ms. Deptula "Outstanding" but
"Highly Successful."
The motion was duly seconded. Upon the vote being taken, the motion carried
unanimously.
b) City Attorney Evaluation
Commissioner Justice said in the time he has worked with City Attorney Pam Akin,
she consistently has given him good advice. He praised her for establishing good goals
and felt she had done an outstanding job reorganizing the office. Commissioner Justice
rated the City Attorney's performance as "Outstanding."
Commissioner Johnson said he was impressed the City Attorney is always available
and patient in explaining the law and trying to keep the City Commission out of trouble.
He liked the way the City Attorney serves the whole City Commission and not just one
member. Commissioner Johnson noted he does not always like the City Attorney's
interpretation but trusts it. He agreed with the personal development plan she has
developed and felt her goals are realistic. He said Ms. Akin has done a good iob.
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Commissioner Thomas said his comments were similar to those he made regarding
the City Manager. He said the City Attorney has a great deal of talent and has grown in
her job. He noted the department's current revolutionary stage makes it difficult to
determine a clear picture of the City Attorney's performance. He recommended she
establish a policy that staff not meet with an outside attorney without legal department
representation. He recommended changing the Charter to have the City Attorney report to
the City Manager and requested discussion of this suggestion within 30 days.
Commissioner Thomas said Ms. Akin is a delightful counselor with whom to work and
debate. He believed the City will grow and prosper with Ms. Akin as City Attorney.
Commissioner Berfield said she had discussed several situations with the City
Attorney who had indicated they would be addressed. She liked the way the Legal
Department and City Manager work closely and complimented Ms. Akin for addressing
issues in the Hildebrandt report. Commissioner Berfield liked the way the City Attorney
addresses department concerns and is responsive with answers. Commissioner Barfield
would like the City Attorney to be more proactive when the City Commission is heading in
the wrong direction when discussing issues.
The Mayor said the City Attorney has done an excellent job and has fit in well with
the City's management team. She complimented Ms. Akin for knowing what her staff is
doing and for her thorough research before offering an opinion. She said the City Attorney
is opon and personable and works well with staff. She offered Ms. Akin high marks.
",;.)
t.,..
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Commissioner Thomas moved to increase the City Attorney's salary by 6%. The
motion was duly seconded and carried unanimously.
The City Attorney thanked the City Commission for their comments and support
and indicated the past year has been interesting and challenging. She noted some
legitimate criticism she received has bean constructive and agreed to work on a number of
ways to improve her performance. She said she was proud of her department and praised
her staff and assistant attorneys for doing an outstanding job.
Commissioner Thomas suggested ending the requirement for citizens to sign up in
advance for meetings and recommended the Commission return to the previous practice of
listing Citizens To Be Heard in one place on the agenda before public hearings.
Consensus was to delete the requirement for citizens to sign up in advance and
return to the previous practice regarding Citizens To Be Heard.
Commissioner Johnson questioned the Commission's role during a hurricane. The
City Manager said arrangements had been made to open shelters if necessary due to
Hurricane Opal. . She said the Commission should stay at home with their families during
storms but indicated the Commission would be asked to help after the storm. She noted
according to drill arrangements, each Commissioner would receive a cell phone and radio.
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Mayor Garvey said the City no longer is collecting Sand Key Bridge tokens and they
can be redeemed at the Marina office. She suggested the Jolley Trolley accept them.
Commissioner Berfield said she would look into the matter. Commissioner Justice
suggested throwing them from floats in the Sun N Fun parade. Commissioner Thomas
recommending donating them to an arts and crafts program.
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,
Mayor Garvev thanked all the volunteers involved in the Clearwater beach Sparkle
Days cleanup on September 30, 1995 and those who organized the event. She thanked
City staff and the community for being involved.
Mavor Garvev noted a Special Election, scheduled for October 24, 1995, has three
candidates qualified for the available City Commission seat. She reported an important
pension fund issue also will be on thB ballot and encouraged everyone to vote.
t ..
ITEM #45 - Adiournmen~
The meeting adjourned at 11 :00 p.m.
()
. ATTEST:t'-1.L:.. 2:. !.:l.- O. :.
. City Clerk
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...........~ . ,10- . ......... " . _ ~ ... _ _ ,.. , . 1/" . " - ',' . ... 4 .
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NAME OF IIOARD. COUNCIL. COMMISSION. AUTIIORITY. OR COMMl'ry EE
COUNTY
~s
MY f'OSITION IS:
M EI.ECTIVE C APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county; city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting connict of interest under Section 112.3143, Florida Statutes.
)bur responsibilities under the law when faced with a measure in which you have a connict of interest will vary grcatly dcpcnding
on whether you ho\d an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and fUing the form.
>"" '-
-,...)\ person holding elective or appointive county, municipal, or other local public office M UST ABSTAIN (rom voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal ()y which he is retained); to the special private gain of a relative; or to the special
. private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special laX districts elected on a one.acre, onc-vote basis are not prohibitcd from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the connier:
PRIOR TO THE. VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for
recording the minutes of the meeting, who should incorporate the (orm in the minutes. -
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conniet before making any attempt to innuence the decision, whether ornlly or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
,>
. You must complete and file this form (before making any attempt to innuence the decision) .with the person responsible for.
;~ rcco,rding the minutes o~ ~he meeting, who will incorporate the form in the minU\~s. '.. .
. A copy of the fonn must be provided immediately to the other members of the agency. '
_ ... The form must be read publicly at the next meeting after the (orm is filed.
CE FORM 88 - 10-91
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IF YOU MAKE NO ATIEMPT TO INFLUENCE THE.oEC1Sl0N EXCEI}T BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your r.onnict in the mcnsure before participating.
"""-':Vou must complete the form nnd file it within 15 days after the: vote occurs with the person responsible for recording the minute!
. .' the meeting. who must incorporale the form in the minutes. A copy of the form must be provided immediately to the othl..
members of the agency. and the form must be read publicly at the next meeting after the form is filed.
1,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~ (..{ f A .&,.....f;f'.?/ct, hcrebydisdose that on l2_i,;5~~
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(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain~
...::t-- inured to the special gain of my business associate, hu ~ ~,f /0;' _-(1./it-!~ f
_ inurcd to the special gain of my relativc,
_ inured to the special gain of
whom I am retained; or
_ inured to the special gain of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting intcrest in the measure is as follows:
, by
. which
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/i:>- ~ 75
Date Filed
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Signature
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.-.-/\JOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991), A FAILURE TO MAKE ANY REQUI )
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE fOLLOWlI'iG~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.
CE FORM 89.10-91
P"GI!