08/01/1996 (2)
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COMMISSION'
City Commission Minutes
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ACTION AGENDA. CLEARWATER CITY COMMISSION MEETING
Thursday, August 1, 1996 - 6:00 P.M. - Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Design Review Board - Annual Report
b) SWFWMD
6. Approval of Minutes - Regular Meeting
7/18/96 & Special Meetings 6/14/96
(Harborview) t 7/15/96 (attorney/client).
7/15/96 (TRIM & Vogel) & 7/29/96
(attorney/client)
7. Citizens to be heard re items not on the Agenda
1. Commissioner Johnson.
2. Mayor.
3. None.
4. None.
5. al Report received.
bl Status Report given.
1996 Annual Parks & Recreation
Appreciation Award to Great Bay Distributors.
6. Approved as submitted.
Rob Brandenberg expressed concern re the proposed Marina slip rent increase.
Manny Lakis requested enforcement on his sign code violation be delayed until possible code changes
are considered. The Central Permitting Director will get with Mr. Lakis.
Richard Cornwell requested consideration of allowing copy changes on signs without a permit.
PUBLIC HEARINGS
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-.......3. Public Hearing & First Reading Ord. #6062-
96 - LDCA to allow car rental uses as a
conditional use in the Beach Commercial
District & Resort Commercial 28 District
(LOCA 96-13) - To be Cont. to 8/15/96
9. (Cont. from 6/6, 6/20 & 7/18/96) Public
Hearing & First Reading: Ord. #5962-96 -
LDCA amending Div. 26 of Ch. 40, to provide
for revised development standards in the
Urban Center District & Ord. #5964-96 -
Zoning Amendments for Downtown Urban
Core districts ILDCA95-20, Z96-01)
10. Public Hearing - modification of site plan
condition #5 (to allow Wal-Mart to remain
open 24 hours per day & 7 days per week)
related to CPO Zoning approved on 12/19/91
for property located at 23106 US 1 9N,
Loehmann's Plaza Reptat, Lots 1-3,
Loehmann's Plaza, Lot 1, subject to
conditions (Wal-Mart Stores, Inc. / David B.
Taheri, TRE (Taheri Family Trust) / Kinko's of
Georgia, Inc. / Brandon Nu-West Clearwater,
Ltd., Z96-08)
V8/1/96
8. Continued to 8/15/96.
9. Approved as amended. Ord. #5962-96
passed 1 st reading as amended. Ord.
#5964-96 passed 1 st reading.
10. Approved subject to conditions.
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,--\11. Variance{sl to Sign Regulations for property
. j located at 10 Bay Esplanade, Clearwater
Beach Revised, Blk 8, Lots 1 ~5, 14 & 15
(Palm Pavilion of Clearwater, Inc. I Howard &
Jean Hamilton, SV96-14)
12. Variance(s) to Sign Regulations for property
(Clearwater Professional Centerl located at
600 Bypass Dr., Sec. 18-29-16, M&B 41.08
{Romark Investments, Inc. I Fred Arnold, Inc.,
SV96-15}
11. Approved variance to allow 1 freestanding
sign with 49 sq.ft. area, 20' height & 5f
setback from Bay Esplanade r-o-w.
12. Approved 34 sq.ft. area variance to allow 90
sq.ft. of attached sign area.
Public Hearing - Second Reading Ordinances
13. Ord #602a~96 - LDCA amending Sec. 45.23 13. Ord. #6028-96 adopted.
to exclude city-owned property from
eligibility for minor variance consideration and
to exclude any property from eligibility for
minor variance consideration where variances
are granted in excess of specified limits: to
allow minor variances for freestanding sign
setback up to 5' ILDCA 96-10}
14. Ord. #6055-96 - CI Zoning for property 14. Ord. #6055-96 adopted.
located on Fairburn Ave., Engman St. & Betty
Lanel Fairburn Add, Blk A, Lots 1 & 2, Blk B,
,~ Lots 1-4, Blk C, Lots 5 & 6, Pine Brook Unit
21 Blk E, Lots 13-16, Pine Ridge, Blk C, Lot
10, Blk 0, Lots 8-13, Blk E, Lots 8 & 9;
Stevenson's Heights, Blk A, Lot 27
(Everybody's Tabernacle, Inc. I Calvin &
Evelyn Doyle I Sergeant Allen Moore
Community Partnership, Inc. I M&H Co. I
Henry & Anne Meister I Nicholas Koulouvaris,
TRE J Behnam Gholampoar I Bruce Mesagno I
Thomas & Elizabeth Floyd I Baker &
Williamson Enterprise I Alice Blunt I Dorothy
Dilliard Estate I Homeless Emergency Project
I City, 296-06)
15. Ord. #6060.96 - Related to disorderly 15. Ord. #6060~96 adopted.
conduct and loitering, repealing Sec.
21. 11 (e), to prohibit the obstruction of public
places
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-23) - Approved as submitted.
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..The following items require no formal public hearing and are subject to being approved in a single
~otion. 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.
16. Approve settlement of insurance policy claim of City vs American Centennial Insurance Company
by said company buying back its policy for $50,000, through use of document entitled
Commutation and Policy Release, with the funds being returned to the Clearwater Gas System
(FN)
17. Contract for 3/4" #57 Aggregate to Florida Crushed Stone Company, Leesburg, FL, for the period
10/1/96-9/30/99, for an est. annual cost of $16,905 or $50,715 for 3 years, plus delivery charge
of $5.25 per ton for 10/1/-96-9/30/97; at an est. cost of $11,025(est.total $61,740)(PW)
18. Contract for type 1 Portland bulk cement & Portland bag cement to Holnam, Inc., Tampa, FL, for
the period 10/1/96-9/30/97, at an est. $44,300 (PW)
19. Receipt/Referral - LDCA permitting Noncommercial Parking in Single Family Residential Districts as
a conditional use (LDCA 96-1 21 (CP)
20. No changes to be made to Downtown Parking fees; review again in 24 months
21. Rules regarding RV Parking at Harborview Center to be studied for an additional 1 8 months
22. Approve settlement offer of $95,000 in the pending litigation case Carol and AI Painter vs. City of
Clearwater. Circuit Civil Case No. 92-3006-19
23. Rescind appointment of Mayor Garvey as Florida League of Cities (FLC) voting delegate; appoint
Commissioner Seel as FLC voting delegate
OTHER ITEMS ON CITY MANAGER REPORT
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",,-,,24. Recommended rejection of both RFP 24. Rejected both proposals.
proposals to operate the Beach Welcome
Center and terminate current month to month
agr~ement with the Greater Clearwater
Chamber of Commerce for operation of Beach
Welcome Center in the Memorial Civic Center
(TR)
25. (Cont. from 7/18/96) First Reading Ord. 25. Denied.
#6059-96 - abolishing permitting of private
hauling companies to provide roll~off service
in' Clearwater; establishing Clearwater Solid
Waste Department as roll-off service provider
effective 10/1/96; amending schedule of
fees, rates & charges to provide Sec. XXIX
for Solid Waste Dept. rates; establishing
rates for roll-off service in Clearwater (SW)
26. Authorize issuance of RFP for a determination 26. Authorized.
of need for a Clearwater Beach Community
Redevelopment District (ep)
27. First Reading Ord. #6069-96 . Relating to 27. Ord. #6069~96 passed 1 st reading.
Building and Development Regulations;
amending Sec. 47.051, to adopt the 1996
edition of The National Electrical Code &
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1995 edition of The Standard for the Storage
and Handling of Liquefied Petroleum Gases
(CP)
28. City Hall Renovations (eM)
29. Res. #96-53 - Requesting Pine lias County call
for a referendum of electors on the question
of whether to extend the one cent sales
surtax upon goods and services sold in
Pinellas County; submitting to Pinellas
County the proposed infrastructure tax
project list prepared by the City of Clearwater
(Penny for Pinellas) (eM)
30. Library Board - 1 appointment (elK)
31. Long Center Board of Directors - 1
appointment (eLK)
32. Other Pending Matters
28. Withdrawn.
29. Res. #96-53 adopted.
30. Appointed Tom Leavy.
31. Reappointed Gary Giordano.
32. None.
CITY ATTORNEY REPORTS
33. Resolutions
a) Res. #96-51 - Assessing property
owners the costs of having mowed
or cleared owners' lots
34. Other City Attorney Items - None.
a} Res. 1196~51 adopted.
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35. City Manager Verbal Reports
a} Set date for dedication of Cooper's Bayou Park - 9/9/96. 2:00 p.m.
City Manager requested a closed bargaining session. Consensus to set for 9/16/96, time to be
determined.
City Manager reported an item re the Police Substation on the beach will be on next
worksession.
36. Other Commission Action
.cJ..ark requested a progress report on Pier 60 Park. He requested PST A's request for additional
bus stops with advertising be agendaed for the next worksession.
Hooper stated it was a pleasure to meet the Development Director candidates. He felt they were'
a diverse, capable group.
.s.ae.J. requested an update on the Ice House. She requested consideration of returning sign code
variances to the Development Code Adjustment Board be agendaed for a worksession. She
requested a summary of the proposed skateboard ordinance be prepared as there is a lot of
misunderstanding re the proposal. She requested discussion of the placement of water meters
be scheduled for the next worksess;on.
Garvey. requested reconsideration of allowing the Women's Equality Day Celebration to use the
lobby of City Hall. Commission approved the use with the understanding no speeches will be
made outdoors and not in the lobby.
37. Adjournment - 10: 18 p.m.
U8/1/96
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CITY COMMISSION MEETING
CITY OF CLEARWATER
August 1, 1996
Present:
Rita Garvey
J. B.Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor ICommissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
Central Permitting Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner
Johnson offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #3- Service Awards - None.
'..") ITEM 1/4 - Introductions and Awards
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The 1996 Parks & Recreation Annual Appreciation Award was presented to Great
Bay Distributors.
ITEM # 5- Presentations
a) Design Review Board - Annual Report
Chair William McCann introduced the ORB (Design Review Board) members and
distributed copies of the Annual Report and Design Guidelines for the Urban Center District
which the City Commission approved on May 2, 1996. During its first year, the ORB
reviewed design guidelines from other Florida communities and preliminary guidelines for
the City's designated districts: 1) downtown; 2) Clearwater beach; and 3) North
Greenwood. The ORB also adopted rules and regulations, determined a meeting format,
established procedures for applicants, and developed downtown design guidelines. The
board addressed topics: 1) Cleveland Street streetscape and design; 2) desirable signage;
3) importance of historical elements of buildings; 4) merits of saving/restoring buildings;
and 5) the proposed Mandalay Avenue streetscape/landscape concept plans. The ORB
heard Urban Center applications for signage, store renovations, a major building expansion,
and a municipal parking garage.
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During the next year, the DRB will hear requests for other designated districts.
Objectives include: 1} prepare and adopt Design Guidelines for Clearwater beach, North
Greenwood, and the Harbor Oaks Historic District; 2) re-evaluate district boundaries to be
more inclusive; 3) prepare conceptual streetscape/landscape plans for Cleveland Street and
North Greenwood Avenue: 4) explore full development and the Mandalay Avenue
Streetscape plan with appropriate staff; and 5) study potential streetscape improvements
for adjacent and support streets to Mandalay Avenue and Cleveland Street within the
districts.
b) SWFWMD
Roy Harrell, Chair of SWFWMD (Southwest Florida Water Management District)
Governing Board, said Pinellas County has shown leadership in water issues and
conservation. However, the region still has a water problem as there is not enough water
to draw without affecting lakes and other water bodies. He admitted aver permitting for
well sites had occurred. SWFWMD is trying to address and correct the situation.
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SWFWMD Assistant Executive Director Mark Farrell reiterated a chronic water
supply problem exists. Impacted lakes are not responding to increased rainfall levels.
Wetlands have been severely impacted. Mr. Farrell said alternative sources need to be
safe, sustainable, environmentally friendly, drought proof, and cost-effective. He reviewed
alternatives: 1) conservation reuse; 2) desalination; 3) aquifer storage and recovery; and 4)
rehydration. He reviewed the costs for groundwater and desalinating sea water which has
become less expensive. He estimated the blended cost will be $45 per month per
residence. Surveys indicated: 1) 65% of residents would rather use alternative sources
than use less water,; 2) 76% would pay more for an alternative if the environment is
protected; and 3) 69% would pay 10% or more far a safe and sustainable supply. Mr.
Harrell said no specific solution has been identified to address the regionis need for
adequate water supplies to support future growth.
ITEM #6 - Aoproval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of July
18, 1996, and special meetings of June 14, 1996, July 15, 1996 {attorney/client), July
15, 1996 {TRIM & Vogan, and July 29, 1996 (attorney/clientL as recorded and submitted
in written summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously.
ITEM 1/7 - Citizens to be heard re items not on the Agenda
Rob Brandenbera expressed concern regarding the Harbormaster's recommendation
to increase substantially the marina is slip rental rates.
Mannv Lakis requested enforcement of his sign code violation be delayed until the
City Commission considers possible code changes. The City Manager and City Attorney
indicated Mr. Lakis was responsible for his fine. Central Permitting Director Scott Shuford
will contact Mr. lakis regarding the issue of requiring a permit for a copy change to a sign.
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Richard Cornwell requested the City Commission consider allowing copy changes on
signs without requiring a permit.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First ReadinQ Ord. #6062-96 - LDCA to allow car rental uses
as a conditional use in the Beach Commercial District & Resort Commercial 28 District
(LDCA 96.13)
The City Manager requested this item be continued.
Commissioner Hooper moved to continue this item to August 15, 1996. The
motion was duly seconded and carried unanimously. :
ITEM #9 - (Cont'd from 06/06. 06/20 & 07/18/96) Public Hearina & First Readina: Ord.
#5962-96 LDCA amending Div. 26 of Ch. 40, to provide for revised development
standards in the Urban Center District & Ord. #5964.96 - Zoning Amendments for
Downtown Urban Cpre districts (LDCA95.20, 296-01)
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The City is making adjustments to its zoning requirements to implement the
Downtown Redevelopment Plan. Adjustments include changes to downtown zoning
districts and amendments to the Land Development Code for the Urban Center district.
The Downtown Redevelopment Plan recommended the establishment of some revised
zoning districts. The City Commission has desired modifications of some of these
recommendations and has directed staff to eliminate the multiple Eastern Corridor
subdistricts proposed in the Plan and to extend the UC[C2J subdistrict one block East to
incorporate both sides of Myrtle Avenue.
Besides changing the zoning districts, this item involves Land Development Code
amendments. Under the revised zoning and development regulations for downtown zoning
districts, changes are recommended for the allowable height, FAR (floor area ratio), and
density requirements.
Staff feels implementing the Downtown Redevelopment Plan will spur
redevelopment activity downtown. They feel the proposed changes reflect appropriate
levels of development intensity. A number of adjustments were made to the original
proposal. Staff feels these adjustments will encourage wide support of the current zoning
changes by downtown property owners.
On May 21, 1996, the Planning & Zoning Board endorsed the code amendments by
a 4-' vote with recommended increases in the Eastern Corridor District for: 1) "base"
height from 100 feet to 150 feet and 2) "bonus" height from 150 feet to 180 feet.
Harry Cline, representative for Dimmit Car Leasing and Dr. Jim Gills, said he did not
object to height limitations but felt the downward stair step proposed for the Eastern
corridor would not generate redevelopment. He referred to the Planning & Zoning Board's
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recommendation for higher limits in the Eastern corridor and noted Board comments that
suggested changes to the Eastern corridor need tine tuning. He suggested permitted
heights in the Eastern corridor be at least 1 50 feet but preferably remain at 200 feet. The
Mayor noted staff had recommended allowing bonuses up to 1 50 feet, She noted the
benefit of adhering to the Downtown Redevelopment Plan. Central Permitting Director
Scott Shuford said all non-conforming buildings would be grand fathered and could be
rebuilt. He suggested the issue was what the City Commission felt is an appropriate scale.
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Carl Barron of Pinellas County said the County has committed to enhancing and
upgrading major facilities in Clearwater. They plan to construct 80,000 square feet of
office space at the Nortlieast corner of Osceola Avenue and Court Street. He expressed
concern a restricted height of 100 feet could present problems. Mr. Shuford indicated
bonuses would be allowed for properties that provide pedestrian uses on the ground floor
and contain a residential component.
Harris Morfopoulos expressed concern height restrictions may impact future
development and recommended spending more time on the issue.
Bill McCann agreed with Mr. Cline's concerns. He said the DDS (Downtown
Development Board) is planning a 3-dimensional model of the downtown and
recommended the City Commission delay their decision until the model is completed.
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Jeanne Matheny opposed restricting building heights downtown. She said the
efforts of different agencies that focus on developing downtown are not coordinated.
In answer to a question, Mr. Shuford said a 150 foot building would have 15 floors
or fewer. Commissioner Johnson suggested a 170-foot maximum building height with no
bonus. Mr. Shuford suggested the bonus remain. If the City Commission wants taller
limits, he suggested allowing a base height in Urban Center Core-1 of 1 50 feet and a
bonus of up to 30 foot for a total maximum height of 180 feet.
The Mayor strongly favored height limitations. Commissioner Seel expressed
concern the recommendations are too limiting. Commissioner Hooper pointed out there is
no rush to construct buildings with unlimited heights. Mr. Shuford noted an
overabundance of downtown office space currently exists. He said heights could be
adjusted upward by variances and noted the market will determine what is built
downtown.
In answer to a question, Mr. Barron expressed concern that parking incorporated on
the County's proposed lower floors would take up much of the 100-feet permitted.
Commissioner Seel recommended the City be good neighbors and save taxpayers money
by not limiting what the County can build. She said taller buildings will add to the City's
ad valorem base. Mayor Garvey said it is important to consider what is reasonable for
downtown. Commissioner Seel expressed concern the City not limit its ability to market
the large amount of property it owns downtown.
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Commissioner Clark moved to ,approve the petition for Zoning Atlas Amendment for
downtown Urban Center districts: 1) Urban Center Core-1 (UC[C-1]) - bounded on the
North by Jones Street, on the East by Garden Avenue, on the South by Rogers Street, and
on the West by Osceola Avenue; 2) Urban Center Core-2 (UClC-2)) - bounded on the North
by Jones Streett on the East by Prospect Avenue, on the South by Turner Street, and on
the West by Garden Avenue; 3) Urban Center Eastern Corridor (UClE)) - bounded on the
North by Grove Street, on the East by Fredrica Avenue, on the South by a line parallel to
and one-half block South of Chestnut Street, and on the West by Prospect Avenue and
approve the Land Development Code Amendment revising Urban Center zoning
requirements as recommended by staff with the following changes for the Eastern Corridor
and Urban Center Core-1 Districts: 1) "base" height from 1 00 feet to 150 feet and 2)
"bonus" height from 150 feet to 180 feet. The motion was duly seconded.
In answer to a question, Mr. Shuford indicated downtown was developed over a
long period of time and has buildings with wide ranges of heights. Buildings were
constructed in response to the market. He noted the City's design review process provides
more control over the aesthetics of buildings.
Upon the vote being taken, Commissioners Johnson, Clark, Hooper and See! voted
"Aye"; Mayor Garvey voted "Nay". Motion carried.
The City Attorney presented Ordinance #5962-96 for first reading and read it by
title only.
Commissioner Seel moved to amend: 1) Section 40.488( 1) to increase the permitted
height in the Urban Center (C-1) subdistrict to 150 feet and the bonus height in the same
subdistrict to 180 feet; 2) Section 40.489(1) to increase the permitted height in the Urban
Center Eastern Corridor subdistrict to 150 feet and the bonus height in the same subdistrict
to 180 feet; and 3) Section 40.485(2) to add "vehicle sales" as a conditional use in the
Urban Center Core and Eastern Corridor subdistricts. The motion was duly seconded and
carried unanimously.
Commissioner Hooper moved to pass Ordinance #5962-96 on first reading, as
amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #10 - Public Hearing - modification of site plan condition #5 (to allow Wat-Mart to
remain open 24 hours per day & 7 days per week) related to CPD Zoning approved on
12/19/91 for property located at 23106 US 19N, Loehmann's Plaza Replat, Lots 1-3/
Loehmann's Plaza, Lot 1, subject to conditions (Wal-Mart Stores, Inc. / David B. Taheri,
TRE ITaheri Family Trust) I Kinko's of Georgia, Inc. 1 Brandon Nu~West Clearwater, Ltd.,
Z96-08)
On December 3t 1991, the Planning & Zoning Board considered a request at a
public hearing for amending the Zoning Atlas from Commercial Center to Commercial
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Planned Development and reviewed a Master Site Plan. The board recommended
endorsement of the request to the City Commission subject to 13 conditions (Exhibit A).
On December 5, 1991, the City Commission unanimously approved the request subject to
13 conditions and passed Ordinance 1/5145.96 on First Reading. Conditions of approval
have been met except for the trees and shrubs that died last winter. According to the
Environmental Department, the applicant has replaced some of the plants.
The Planned Development Site Plan Condition #5 states hours of operation shall be
from 9:00 a.m. until 9:00 p.m., seven days a week, except extended hours of operation of
7:00 a.m. until 11 :00 p.m. may be permitted for special events for up to 10 days per
calendar year (Wal-Mart only). The applicant now proposes to operate the store 24 hours
per day, seven days a week to meet the needs and preferences of customers who work
days and prefer to shop before work or late evenings when stores are not crowded.
The subject property has apartment complexes to the North and South and single
family residential properties to the West across a 234-foot wide Florida Power right-of-way
easement. Similar facilities such as Albertsonls, Kash-N-Karry, and commercial facilities
such as Kinkots Copy Center and the International House of Pancakes operate 24 hours a
day. The Police Department has indicated area police activity is consistent with the
property.s use. Residential neighborhoods are far from the subject property. The parking
lots will be more active with the new hours of operation, reducing the likelihood of "after-
hour'l criminal activities.'
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On July 16. 1996, the Planning & Zoning Board unanimously approved the request
to delete Condition #5 and to add conditions: 1) dumpster service shall be prohibited
between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained continuously,
especially along the site's West side; 3) all site lighting shall be equipped with a 90 degree
cut-off mechanism, with the light being directed downward and away from the adjoining
residential properties and street rights-of-way prior to issuance of the requisite
occupational license; and 4) there shall be no refrigerated or other vehicles that must be
parked in a running condition West of the Wal-Mart building IS East wall between 9:00 p.m.
and 9:00 a.m.
Mr. Shuford said a July 30, 1996, Police Department memorandum indicated no
significant concerns regarding the impact on law enforcement if the store is granted its
request to operate 24-hours per day. A CRT (Community Response Team) 2 year
summary listed a total of 11 violations for banners, outdoor retail sales and display,
overgrown landscaping. and a violation of a conditional use condition. Wal.Mart corrected
all violations. A July 31, 1996, Engineering Department memorandum predicted a slight
increase in traffic volume immediately West of US 19N but no impact on the Coachman
Ridge subdivision as the roadway ends in a cul-de-sac at the Florida Power right-of-way.
Mr. Shuford said the store is separated from the Single-Family Residential neighborhood by
a substantial right-of-way. In response to neighborhood concern. the Planning & Zoning
Board recommended the 4 additional conditions.
Commissioner Johnson questioned if Wal-Mart originally had agreed to be open only
12-hours per day. Mr. Shuford said that was the case. Although Wal-Mart was allowed
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........" extended hours only 1 0 days per year, they had extended their hours without City
authorization.
Ed Armstrong, representative for Wal-Mart. noted this process is quasi-judicial. In
answer to a series of questions regarding the basis for staff's recommendation for approval
from Mr. Armstrong, Mr. Shuford said staff had considered if added hours would cause
additional noise. The Police Department had addressed security. The Traffic Engineer had
indicated there would be no impact on traffic circulation in the Coachman Ridge
subdivision as the neighborhood's main connection with the store had been cul.dewsaced.
Mr. Shuford said enforcement opportunities exist if Wal-Mart violates any conditions He
agreed US 19N is the main commercial corridor in Pinellas County and reiterated the
Planning & Zoning Board approval with conditions.
Mr. Armstrong said Wal-Mart has been in operation at that site for 4 Y:t years. He
said a significant demand exists for expanded shopping hours. The restricted hours of
9:00 a.m. to 9:00 p.m. agreed to in 1991 reflected the corporation's nationwide operating
hours. When contacted, nearby residents indicated nothing could be done to address their
concerns as they would remain opposed to extended hours. He stated no evidence is
available suggesting establishments that operate 24-hours per day are detrimental to
nearby neighborhoods. He said sufficient safeguards are in place. The front entrance to
the Wall-Mart store is 600 feet from the neighborhood. He felt the expanded hours would
not have a detrimental impact on Coachman Ridge.
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In response to questions regarding parked trucks disturbing the neighborhood, Wal-
Mart Manager Bob Faulk said trucks that park on the store's premises after hours are not
affiliated with Wal-Mart and the only refrigerator trucks that deliver to the store are Taco
8ell and Pizza Hut which deliver during the day. Mr. Faulk said Wal-Mart trucks normally
arrive in the morning and unloading is completed by 8:00 to 9:00 p.m.
Commissioner Seel questioned the site)s history. Mr. Shuford said Loehmann's
Plaza, a shopping center with poor occupancy, previously occupied the site. When Wal-
Mart wanted to raze the shopping center and build a store, neighborhood concerns were
addressed through conditions applied to a CPO (Commercial Planned DevelopmentL He
reviewed the violations reported by the CRT. Only one violation related to the conditions.
Concern was expressed Wat-Mart took 10 months to bring an outdoor retail sales
display into compliance. In answer to a Question, Mr. Shuford felt the store was working
to comply with conditions related to landscaping. The City can guarantee compliance with
this condition but citizens must let staff know if problems occur. Mr. Armstrong said the
current planting represents Wal-Mart's third installation of landscaping.
In response to a question, Mr. Shuford said 24~hour operations are permitted under
basic commercial zoning. Businesses that sell alcoholic beverages can have restricted
hours of operation as a condition of that conditional use permit. Wal-Mart's site is a CPO,
restricted by conditions.
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,....", Bob Wignall, President of the Coachman Ridge Homeowners Association,
distributed pictures of the Wal-Mart property. Mr. Wignall, Bob Losi, John MacBain, Pete
Zjzes, Karen McClee, Philip Johnson, Kate Kilbride. Robert Pizzini and Fran Br;skman,
representing the Coalition of Clearwater Homeowners Associations, opposed expanding
Wal-Mart's hours, citing a lack of adequate landscaping and architectural aesthetics, the
high value of subdivision homes, truck noise at night, loss of property values, early
morning trash pick-up, and nearby Wal-Marts already open 24-hours. Concerns were
expressed regarding the type of persons who shop at 4:00 a.m., increased criminal
activities. juveniles running through their neighborhood, and the nighttime sales of
weapons. It was suggested CPO conditions should be simllar to deed restrictions which
cannot be changed. It was stated that Wal-Mart should not be allowed to expand their
hours because the store already had violated the condition relating to that issue.
Mr. Armstrong said the City Commission IS decision needs to be based on
substantial competent evidence and the testimony of the City's professional staff. He
noted opinions by Mr. Shuford, the Police Department, and Traffic Engineer that increased
hours would have no detrimental impact on nearby neighborhoods. The record does not
identify Wal-Mart as a trouble spot. He felt landscaping concerns had been addressed and
noted the CRT had identified only one violation last year which was for a banner. He said
all expert testimony indicates buffering between the store and neighborhood is significant.
He referred to the Planning & Zoning Board's recommendation for approval and reiterated
US 19N is a prime commercial corridor.
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Commissioner Johnson said the decision is difficult as the City Commission needs
to protect homeowners and businesses. He said stores do not have the right to interfere
with neighborhoods with noisy operations and trucks.
Commissioner Seel agreed the decision is difficult. She noted Loehmann's Plaza
had been empty a long time and attracted vagrants. She referred to Wal-Mart's "good
neighbor" policy and recommended the store and neighborhood work together to reach a
compromise with appropriate conditions. She questioned the number of noise complaints
received by the Police Department. Mr. Armstrong said obtaining that information is a
lengthy process which they are doing.
Commissioner Hooper noted the City does not pick up trash before 7:00 a.m. As a
firefighter, he had visited Loehmann's Plaza often and felt the current site and
neighborhood are safer now. He said safeguards are in place. He said the buffer between
the store and neighborhood is significant and recommended the neighborhood take Wal-
Mart to task if the store does not comply with all conditions.
Commissioner Clark agreed the current site is better than it was previously but felt
Wal-Mart has not been a good corporate citizen as they already had violated the condition
regarding operating hours. He recommended the store comply with current conditions
before he could support any change.
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...-... It was questioned if approval of the hours extension could be temporary. Mr.
Shuford said staff would be reluctant to agree to that proposal as this ;s a zoning
consideration.
Mayor Garvey said it is logical to allow people to shop at the same time shelves are
being stocked. She said the buffer seems to be more than sufficient but expressed
concern that Wal-Mart has not being a good corporate citizen regarding their landscaping.
She felt no competent evidence had been presented against a 24 hour operation.
Commissioner Seel moved to continue Item #10 to see if Wal-Mart and the
neighborhood could work out an agreement. There was no second.
Commissioner Clark moved to deny the petition for modification of Commercial
Planned Development Site Plan Condition for loehmann's Plaza Replat, lots 1w3;
Loehmann's Plaza, Lot 1 to allow Wal-Mart Store to remain open 24 hours per day and
seven days per week. The motion was duly seconded. Commissioner Seel hoped the two
sides would get together and work out a compromise.
Upon the vote being taken, Commissioners Clark and Seel voted "Aye";
Commissioners Johnson and Hooper and Mayor Garvey voted "Nay." Motion failed.
t..;')
Commissioner Hooper moved to approve the petition for modification of Commercial
Planned Development Site Plan Condition for Loehmann's Plaza Replat, Lots 1-3;
Loehmann's Plaza, Lot 1 to allow Wal-Mart Store to remain open 24 hours per day and
seven days per week subject to additional conditions: 1) dumpster service shall be
prohibited between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained
continuously, especially along the site's West side; 3) all site lighting shall be equipped
with a 90 degree cut-off mechanism, with light directed downward and away from
adjoining residential properties and street rights-of-way prior to issuance of the requisite
occupational license; and 4) no refrigerated or other vehicles that must be parked in a
running condition shall be parked between 9:00 p.m. and 9:00 a.m. West of the Wal-Mart
building's East wall. The motion was duly seconded. Commissioners Johnson and Hooper
and Mayor Garvey voted "Aye"; Commissioners Clark and Seal voted IINay.1I Motion
carried.
The Commission recessed from 8:31 to 8:48 p.m.
ITEM #11 - Var;ance(s) to Sign Regulations for property located at 10 Bav Esplanade,
Clearwater Beach Revised, Blk B, Lots 1.5, 14 & 15 (Palm Pavilion of Clearwater, Inc. I
Howard & Jean Hamilton, SV96-14)
The subject property, West of Mandalay Avenue on the North side of Bay
Esplanade, is zoned Beach Commercial. The applicant requests a variance to allow a 20-
foot high, 49-square foot freestanding sign and a 5-foot setback from the Bay Esplanade
right-of-way. Freestanding signs in the Beach Commercial district are only permitted on
properties with buildings at least 15-feet from the right-of-way. The building on this
property is 6-faet from the right-of-way and has a porch that extends into the right~of-way.
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Staff feels conditions support approval: 1) the property Jacks good identification and
the buildingts architecture does not lend itself to attached signage; 2) the proposed sign
wiU not be crowded between the building and right-of-way but will be placed to the
buildingts East in an open area next to the parking lot; 3) the proposed sign comports with
the area, height, and setback requirements established for this zone for properties
developed with a 15-foot setback from the right-of-way; and 4) approval of the variance
will not detract from the appearance of Clearwater beach or the City.
Mr. Shuford recommended a condition for approval require DRB (Design Review
Board) review of the sign's design.
Ken Hamilton, applicant. verified photographs of the property presented him by Mr.
Shuford. He said the proposed sign would meet all size and height requirements if the
building was setback 15 feet. He expressed concern regarding the last minute suggestion
to require ORB approval of the sign. He said the property has been without a sign for a
while and he did not want to delay installation. He noted his property is private, not
public.
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Commissioner Hooper questioned if ORB guidelines are mandatory. Mr. Shuford
said that is the case but noted requirements are flexible and not as specific as zoning rules.
In response to concerns regarding the guidelines not being established, Mr. Shuford said a
general idea has been established. He estimated the ORB review could be complete in 12
days. Additional concerns regarding the guidelines not being in place were discussed.
Commissioner Seal moved to approve a variance to allow one freestanding sign
with an area of 49 square feet, a height of 20 feet, and a setback of 5 feet from the Bay
Esplanade right-of-way, on property identified as Lots 1, 2. 3,4,5,14, and 15, Block 8,
Revised Map of Clearwater beach, for meeting Sec. 45.24 Standards ,for Approval, items
(1) - (4) with no added conditions and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM # 1 2 - Variance(s) to Sign Regulations for prooertv (Clearwater Professional Center)
located at 600 Bypass Dr., Sec. 18~29-16. M&B 41.08 (Romark Investments, Inc. I Fred
Arnold, Inc., SV96-15)
This property between Gulf.to-Bay Boulevard and Druid Road is on the West side of
Bypass Drive and is zoned General Office. The applicant requests a 34-square foot area
variance from the permitted 56 square feet to allow a total of 90 square feet of attached
sign area. Each of the two current attached signs has an area of 45-square feet. The
variance request is for these signs to remain.
John Bozmoski, Jr., representative for the applicant. verified photographs of the
property presented him by Mr. Shuford.
Commissioner Clark moved to approve an area variance of 34 square feet from the
permitted 56 square feet to allow 90 square feet of attached sign area, on property
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-"\ Identified as Soc. 18-29~16, M&B 41.08, for meeting Sec. 45.24 Standards for Approval,
items (1) - (4), The motion was duly seconded and carried unanimously.
Staff was directed to see if another street name would be more appropriate than
Bypass Drive.
Public He~ring - Second ReadinQ Ordinances
ITEM #13 ~ Ord #6028~96 - LDCA amending Sec. 45.2~ to exclude City~owned property
from eligibility for minor variance consideration and to exclude any property from eligibility
for minor variance consideration where variances are granted in excess of specified limits;
to allow minor variances for freestanding sign setback up to 5' (LDCA 96~1 0)
The City Attorney presented Ordinance 116028~96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6028-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
t1Ayes": Johnson, Clark, Hooper, S1;'tel and Garvey
I'Nays": None.
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ITEM #14 - Ord. #6055~96 - CI Zoning for property located on Fairburn Ave., Engman St.
&. Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots 1 ~4, Blk C, Lots 5 &. 6, Pine
Brook Unit 2, Blk E, Lots 13~16, Pine Ridge, Slk C, Lot 10, Blk 0, Lots B~13, elk E, Lots 8
&. 9, Stevenson's Heights, 8lk A, Lot 27 (Everybody's Tabernacle, Inc. I Calvin & Evelyn
Doyle I Sergeant Allen Moore Community Partnership, Inc. I M&H Co. / Henry & Anne
Meister I Nicholas Koulouvaris, TRE I Behnam Gholampoar I Bruce Mesagno I Thomas &
Elizabeth Floyd I Baker & Williamson Enterprise I Alice Blunt I Dorothy Oilliard Estate I
Homeless Emergency Project / City, Z96-06)
The City Attorney presented Ordinance #6055-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6055-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Johnson, Clark, Hooper, See I and Garvey
"Nays'.: None.
ITEM #15 - Ord. #6060-96 - Related to disorderly conduct and loitering, repealing Sec.
21.11 (e), to prohibit the obstruction of public places
The City Attorney presented Ordinance #6060-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6060-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seet and Garvey
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"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 1116-23) - Approved as submitted.
ITEM 111 6 - Aoorove settlement of insurance policv claim of City vs. American Centennial
Insurance Company by said company buying back its policy for $50,000, through use of
document entitled Commutation and Policy Release, with the funds being returned to the
Clearwater Gas System (FN)
ITEM 1117 - Contract for 3/4" #57 Aggregate to Florida Crushed Stone Comoany,
Leesburg, FL, for the period 10/01/96 -09/30/99, for an estimated annual cost of $16,905
or $50,715 for 3 years, plus delivery charge of $5.25 per ton for 10/01/96 -09/30/97, at
an estimated cost of $11,025 (estimated total $61,740HPW)
ITEM #18 - Contract for tvoe 1 Portland bulk cement & Portland bag cement to Holnam,
Inc., Tampa, FL, for the period 10/01/96 -09/30/97, at an estimated $44,300 (PW)
ITEM #19 - Receipt/Referral - LDCA permitting Noncommercial Parking in Single Family
Residential Districts as a conditional use (LDCA 96-1 2) CCP)
ITEM #20 - No chanQes to be made to Downtown ParkinQ fees: review again in 24 months
t ,:)
ITEM #21 - Rules regardino RV Parkinq at Harborview Center to be studied for an
additional 18 months
ITEM #22 - ADProve settlement offer of $95.000 in the oending litigation case Carol and
AI Painter vs. City of Clearwater, Circuit Civil Case No. 92-3006-19 .
ITEM #23 - Rescind appointment of Mavor Garvev as Florida Leaque of Cities CFLC) voting
delegate: aopoint Commissioner Seal as FLC voting deleqate
Commissioner Johnson 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 #24 - Recommended rejection of both RFP orooosals to operate the Beach Welcome
Center and terminate current month to month agreement with the Greater Clearwater
Chamber of Commerce for operation of Beach Welcome Center in the Memorial Civic
Center (TR) "
The Greater Clearwater Chamber of Commerce has operated the Beach Welcome
Center since 1978 with an agreement to pay the City $1 per year for use of the Cityw
owned space. On May 31, 1996. the Welcome Center lease agreement with the Greater
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.......... Clearwater Chamber of Commerce expired and the City Commission directed staff to issue
a RFP (Request for Proposals) for management proposals.
Pending the outcome of the RFP, the City Commission agreed to continue the
current level of service on a month-to-month basis, paying the Chamber $2.675 per month
beginning June 1, 1996. On June 25, 1996, the City received proposals from the Greater
Clearwater Chamber of Commerce and the Clearwater Beach Chamber of Commerce.
Based on a system of rating points, the RFP review committee assessed the proposals and
determined them to be unacceptable.
According to the Greater Clearwater Chamber of Commerce's proposal, the cost of
visitors' services to the City would range from $35,000 for basic services to $99,500 per
year for added services and increased hours of operation. This proposal did not include
revenue generating services that could reduce the City's costs. The proposal increased the
City's cost of basic services from no cost to $35,000 annually.
The Clearwater Beach Chamber of Commerce proposal provided no financial
background data as requested. This chamber has no visitors' center experience.
According to the proposal, visitors' services would be provided at no cost to the City as
long as the visitors' center includes main office space for chamber business.
Staff attempted to negotiate with both chambers for a joint proposal to operate the
center but were unsuccessful. Staff recommends the City provide brochure racks and
visitors' information on an interactive kiosk in the Marina and Memorial Civic Center lobby
t~~~ pending development of a new visitors' center facility as part of the Beach Redevelopment
plan.
Tourism Director Jean Sherry reported the review committee felt the two responses
did not meet the City's goal of enhancing visitor services. She said both chambers will go
forward with visitor services at their individual locations. Deputy City Manager Kathy Rice
said tourist services would be stepped down as the center will not be staffed but
brochures and information from the kiosk will be available.
Steve Fowler, of the Clearwater Chamber of Commerce, said his organization has
been happy and proud to operate the beach visitors' center but the operation costs them
$35,000 per year and they cannot not afford to continue bearing this expense.
Bill Kirbas said the beach needs a welcome center to keep visitors on the beach and
encourage them to return. The visitors' center has been a focal point for special events on
the beach.
Gerry Husgen said she belongs to both chambers of commerce and works on
Sunsets at Pier 60. She said both groups should work together to keep a visitors' center
going.
Paul Kelly, of the Clearwater Beach Chamber of Commerce. said the ultimate
objective is to enhance services and keep the center open. He said his organization's
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""" proposal stated what they felt they could achieve and would improve services at little or
not cost to the City. .
Commissioner Johnson moved to reject both proposals to operate the Beach
Welcome Center and terminate the current month~to~month agreement with the Greater
Clearwater Chamber of Commerce for the operation of the Beach Welcome Center in the
Memorial Civic Center. The motion was duly seconded.
In response to a question, Ms. Rice said the Jolley Trolley had expressed interest in
providing visitors' services for $32,000 annually. The City Manager suggested it would be
appropriate to address this issue when reviewing a renewal of the agreement with the
Jolley Trolley.
Commissioner Clark noted the Welcome Center serves 25,000 visitors a year and
said he was hesitant to close it. He recommended making the Welcome Center more
visible.
The Mayor said the City Commission needs to make a decision regarding the Civic
Center. She hoped the City could open a new Welcome Center in the future. Since the
two chambers of commerce cannot work together, she supported closing the center.
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Commissioner Hooper said until the new development director is hired and the City
Commission reaches a decision regarding the future of the Civic Center, he supported
closing the center.
Upon the vote being taken, Commissioners Johnson, Hooper, and Seal and Mayor
Garvey voted "Aye"; Commissioner Clark voted "Nay." Mqtion carried.
ITEM #25 - (Cont'd from 07/18/96) First Reading Ord. #6059-96 - abolishing permitting of
private hauling companies to provide roll-off service in Clearwater; establishing Clearwater
Solid Waste Department as roll-off service provider effective 10/01/96; amending schedule
of fees, rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing
rates for roll-off service in Clearwater (SW)
Previously, Clearwater has not provided roll-off service. The City's practice was to
accept applications from private hauling companies and issue permits authorizing them to
provide roll-off service in Clearwater provided they paid a 1 5 % surcharge on the total
amount billed.
The City Commission previously had directed CSW (Clearwater Solid Waste
Department) to operate as a business and seek customers. In January, CSW
recommended and the City Commission approved providing roll-off service in the City and
purchasing two roll-off trucks. CSW has notified private hauling companies holding City
permits that the permits will expire on September 30, 1996, and no new permits will be
issued.
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.'" CSW received the first 2 rollMoff trucks and will need 2 more to service all
containers. The 2 additional trucks and drivers are included in the FY (fiscal year) '1996/97
budget recommendation. An Interlocel Agreement was approved with St. Petersburg and
Largo for mutual support of solid waste operations. The agreement will provide rollMoff
back-up support and debris clearance during emergencies. The Interlocal Agreement is
being presented to the City Commission for approval.
The proposed ordinance abolishes the permitting procedure for private hauling
companies to provide rollMoff service, establishes procedures for CSW to provide roll-off
service, amends Appendix A, Schedule of Fees, Rates and Charges of the Code of
Ordinances to establish charges for roll-off services in Clearwater. and creates section
XXIX as a separate section for solid waste system rates.
Commissioner Hooper noted the perception that private enterprise can provide
services cheaper than the government is wrong. He expressed concern a vote by the
majority of the Commission could put 6 companies out of business. He agreed CSW is
following direction provided by a previous Commission. He opposed the recommendation,
noting economic development has been identified as a priority issue.
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In answer to a question, Mr. Brumback said to this point, the City has invested
$250,000 in the project. The trucks were purchased in January and delivered in June.
Commissioner Johnson said he understood Mr. Brumback's position but expressed concern
this action may put private enterpdse out of business. He said CSW can compete well and
recommended they do so. Commissioner Seel agreed. She noted the cost of compactor
\ ~J equipment has not addressed. She expressed concern the City not create a monopoly.
She suggested CSW look at competing. The Mayor stated enterprise funds are not in
business to make a profit but private companies are. She said the intent of government is
to provide a service, not make a profit. Mr. Brumback said CSW is the City's solid waste
company and would not do anything that was not advantageous to citizens.
Commissioner Clark said the City Commission eliminated quasi~monopoJies. He
expressed concern some areas with private trash service pay half the City rate of $16.30
per month. He questioned if leases on the trucks can be canceled. Mr. Brumback said the
trucks already were delivered and are in use. Commissioner Clark suggested the City
compete with private companies but requested a pro forma be presented showing
competition is realistic.
Mayor Garvey said Clearwater provides a better service and operates well. As the
City already has the trucks; she recommended the City be allowed to compete in the roll-
off business. Commissioner Johnson questioned if the City currently is competing and
doing well. Mr. Brumback said that is the case.
City Manager said if the City Commission wishes to reject this proposal, staff can
come back in several months with a recommendation that the City compete in the roll-off
business or get out of it.
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"'-, Commissioner Clark moved to deny abolishing the permitting of private hauling
companies to provide roll-off service in Clearwater and establishing the Clearwater Solid
Waste Department as the City's roll. off service provider. The motion was duly seconded.
Commissioners Johnson, Clark, Hooper, and Seel voted UAye"; Mayor Garvey voted "Nay."
Motion carried.
ITEM #26 . Authorize issuance of RFP for a determination of need for a Clearwater Beach
Community Redevelooment District CCP)
At the July 29, 1996, Work Session, the City Commission directed staff to prepare
an agenda item authorizing a RFP (request for proposals) for a consultant to determine the
necessity of redevelopment on Clearwater beach. Staff will issue a RFP for the
determination of need only after ascertaining general County support for the concept.
Staff also is initiating research into providing the City Commission with inform'ation about
the 5-year trend of property values in the southern part of Clearwater beach. Staff will
take no further action toward establishing a Community Redevelopment district on the
beach without further Commission direction. Award of the contract for the determination
of need will be brought to the City Commission for approval.
Commissioner Johnson verified this action does not establish a eRA (Community
Redevelopment Agency). The City Manager estimated a contract could not be presented
to the City Commission for approval for 4 to 5 weeks. A recommendation regarding the
establishment of a CRA could not be made before January 1, 1997.
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Commissioner S8el recommended continuing this item until the County's support
has been determined. The Mayor noted staff will not issue a RFP until that support is
assured.
Anne Garris expressed concern a CRA would allow the government to take property
from one person and give to another. She said the presence of a CRA in downtown has
nothing to show for its existence. She referred to Dunedin and suggested the City copy
their strategy. She recommended staff be sent "back to the drawing board" to see what
can be done with current resources.
The City Manager said if the County states its position on this issue, she will report
it at Monday's Special Meeting.
In response to question regarding other redevelopment alternatives, Mr. Shuford
stated, in his professional opinion, a CRA redevelopment area with a TtF is the best option.
He recommended a beach plan be developed that all are comfortable with implementing.
In answer to a question, the City Manager said eminent domain action was taken to build
the Atrium building on Cleveland Street. The price of the property was set by court and
was above market value.
The City Manager said when this project reaches the. planning process, other issues
need to be addressed. The plan is to establish the character of the beach. She said this
first step just will determine if a need exists.
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Commissioner Seel moved to authorize staff to'issue a RFP for a determination of
need of a Community Redevelopment district on Clearwater beach. The motion was duly
seconded and carried unanimously.
If a response is received from the County, it will be agendaed for the August 5,
1996, Special Meeting.
ITEM #27 - First Readino Ord. #6069-96 - Relating to Building and Development
Regulations; amending Sec. 47.051, to adopt the 1996 edition of The National Electrical
Code & 1995 edition of The Standard for the Storage and Handling of liquefied Petroleum
Gases CCP)
Staff proposes to update codes enforced by Central Permitting. On May 14, 1996,
the Pinellas County Construction Licensing Board approved the use of the 1996 edition of
the National Electrical Code. Chapter 75-489, Laws of Florida, established the Pinellas
County Construction Licensing Board, and the Board's authority to establish the code used
by aU Pinellas County jurisdictions. The proposed ordinance adopts the 1996 edition of the
National Electrical Code with Pine lias County Construction Licensing Board amendments,
and NFPA 58 Standard for the Storage and Handling of Liquefied Petroleum Gases.
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The City Attorney presented Ordinance #6069-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6069-96 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": Johnson. Clark. Hooper, Seel and Garvey.
"Nays": None.
ITEM #28 - City Hall Renovations (eM)
The City Manager withdrew this item.
ITEM #29 - Res. #96-53 - Requesting Pinellas County call for a referendum of electors on
the question of whether to extend the one cent sales surtax upon goods and services sold
in Pinellas County; submitting to Pinel1as County the proposed infrastructure tax project list
prepared by the City of Clearwater (Penny for Pinellasl (eM)
The City Attorney presented Resolution #96-53 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-53 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Johnson, Clark. Hooper, Seel and Garvey
"Nays": None.
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ITEM #30. Library Board - 1 aPDointment (CLK)
Commissioner Clark expressed concern regarding the board's balance and
recommended beach residents apply to serve.
Commissioner Johnson moved to appoint Tom Leavy. The motion was duly
seconded and carried unanimously.
ITEM /131 . Lona Center Board of Directors - 1 aooointment (elK)
Commissioner See I moved to reappoint Gary Giordano. The motion was duly
seconded and carried unanimously.
ITEM //32 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM 1133 - Resolutions
a) Res. #96-51 - Assessing property owners the costs of having mowed or cleared
owners' lots
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The City Attorney presented Resolution #96-51 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-51 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #34 - Other City Attornev Items - None.
ITEM #35 - City Manaaer Verbal Reoorts
a) Set date for dedication of Cooper's Bayou Park
The dedication was scheduled for September 9,1996 at 2:00 p.m.
Bargaining Session
The City Manager requested a closed door Bargaining Session be scheduled for
September 16, 1996. If possible, the City Manager will set the time, otherwise the City
Commission will be asked to determine the time of the meeting.
Beach Substation
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~ The City Manager stated the Police substation on the beach will be addressed at
the August 12. 1996, Work Session.
ITEM #36 . Other Commi~sion Action
Commissioner Clark requested a progress report on Pier 60 Park.
C:9mmissi<;mer Clark requested PSTA's request for additional bus stops with
advertising be agendaed for the next Work Session.
Commissioner Hoocer said it was a pleasure to meet the Development Director
candidates. He felt the group was diverse and capable.
C9mmissioner Seel requested an update on the Ice House.
Commissioner Seel requested consideration of returning sign code variances to the
Development Code Adjustment Board be agendaed for a Work Session.
Commissioner Seel requested a summary of the proposed skateboard ordinance be
prepared as many misunderstand the proposal.
. n.:~
~w.~~:;J
Commissioner Seel requested discussion of the placement of water meters be
scheduled for the next Work Session. She expressed concern liability issues are being
transferred to property owners.
Mavor Garvev requested the City Commission reconsider allowing the Women's
Equality Day Celebration to use City Hall's lobby. In answer to a question, the City
Attorney said her previous concerns related to using the lobby for a public forum. She
noted no speeches or rally will be held in the lobby. The lobby will be open for an exhibit
and distribution of refreshments.
Commissioner Johnson moved to approve the use of City HaWs lobby from 10:00
a.m. to 12:00 noon for an exhibit and distribution of refreshments during the August 24,
1996, Women's Equality Day Celebration and that' no speeches or rallies will be held in the
lobby. The motion was duly seconded and carried unanimously.
ITEM #37 - Adiournmen~
The meeting adjourned at 10: 18 a.m.
ATTEST: rl-tv~~ 2. ~.
u City Clerk
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