03/04/1991 (2)
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WORKSESSION
City Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
March 4, 1991
The City Commission of the City of Clearwater met at City Hall with the following
members present:
Rita Garvey
Richard Fitzgerald
Sue Berfield
Lee Regulski
William Nunamaker
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
The meeting was called to order at 9:01 a.m.
Service Awards - None
Presentations
Ed Mazur'stated there are 2,500 MIAs or POWs from the Vietnam War. Seventy-
nine of those individuals are from Florida, and five are from Clearwater. Clearwater has
never officially recognized those individuals. He is requesting a ceremony be held on
March 30, 1991, to recognize the five people still missing and to adopt Lt. Morgan
Donahue as an honorary citizen of Clearwater. Lt. Donahue has been captive since 1968
and there have been many live sightings of him. Mr. Mazur requested the ceremony be
held at Coachman Park and City fees be waived.
Consensus of the Commission was to support a Resolution or Proclamation to be
adopted at the March 21, 1991 meeting. Mr. Mazur indicated the only assistance he
would need from the 'City is finding the families of the five individuals from Clearwater
who are still Missing In Action.
Consensus of the Commission was to approve the ceremony and waive the fees.
Contract to Durchase Unisvs and other comouter hardware from National Data Products.
Inc., Clearwater, FL, for an estimated cost of $106,482.25 and authorize lease/purchase
of $66,776.63 of hardware through AT&T Credit Corp., and the cash purchase of
$39,705.62 of hardware and cash purchase of appropriate software from same at an
estimated cost of $14,154 (AS)
This stand.alone computer network is for the Police Department's Vice &
Intelligence Division and is fully compatible with the City's networks. Information Services
personnel will write the program and convert the system from XENIS to Novell.
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The office automation system at the Parks & Recreation Department's
administration office will be completed and automation will be installed in the
Department's area at the Long Center as the department proceeds with the purchase and
installation of computer hardware and software as outlined in the Long Range Plan.
Public Works Engineering will have one additional workstation and the
Environmental group will have two. The two 386 CADD workstations will provide enough
power to manage the graphic files associated with atlas and design projects from the Total
Station survey equipment. Atlas files and drawings will be stored by the 380 disk
expansion and available to every workstation on that network.
The laser printer for Environmental will be shared with Engineering and will provide
the Public Works administration offices with a printer in that work area.
The additional workstation in Public Works Transportation will provide access to
office automation.
A Local Area Network will be created between the existing microcomputers in the
Library and the requested ones to provide staff access to software programs. The
Library's report capabilities and communication ability will increase and future linkage with
the City Wide Area Network will be possible.
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The laser printer will provide the Office of Management and Budget a wider variety
of font selections, the ability to produce voluminous documentation, and increased
compatibility with the department's word processing and desktop publishing software.
The City Manager's office is the focal point for information flawing to the
Commission and constituency, much of which is produced on 23 local networks in the
City. The system in the City Manager's office is old and incompatible.
Mayor Garvey questioned why laser printers were being purchased. Laura Chase,
Data Information Services Manager, indicated due to the quality and speed of the printer.
Commissioner Nunamaker expressed concerns regarding a great deal of money
having just been spent on computers. It was indicated that the equipment was approved
and funds were set in the budget and this is now the actual purchase.
Commissioner Fitzgerald questioned if there would be savings in the future. The
City Manager indicated there would be.
Commissioner Regulski noted there would be higher productivity, however,
statistically, there has not been a reduction in personnel, but no additional people have
been added to the work force.
Commissioner Berfield questioned what happens to the Police Department's old
system. Ms. Chase indicated either it would be moved to Data Information Services for
parts, given to a charitable organization, or sold at surplus.
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Lease AQreement for marina building room #4 to Bruce littler. Inc., a Florida Realty
Corporation for a 5 year period for $1 2,000 (MR)
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Contract to ourchase one 1991 Ford Mustang Police Datrol vehicle to Don Reid Ford. Inc,
Maitland, FL, for $12,938 (GS)
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This vehicle is a replacement for an 1986 police vehicle involved in an accident and
determined to be totalled.
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Mayor Garvey questioned if the "wolf-pack" was serving its purpose and this
vehicle truly is needed. The City Manager indicated the tlwolf-pack's" effectiveness would
be addressed through the budget process
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Contract to curchase eleven 1991 Chevrolet Caorics Police 08trol vehicles to Jerrv Hamm
Chevrolet, Jacksonville, FL, for $146,795 (ten vehicles to be lease/purchased under City's
agreement with AT&T Credit Corp.) (GS)
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This purchase includes the replacement of ten vehicles and was approved by the
City Commission during its FY '90.'91 budget. hearing meetings and is listed on the
approved vehicle replacement list as published in the FY '90-'91 budget. One vehicle is a
replacement for an 1 988 police vehicle involved in an accident and determined to be
totalled.
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Mayor Garvey questioned if the program was still in place where patrol cars are
used first by executives. It was indicated it was.
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In response to questions regarding the timing and expense of the cars, the City
Manager stated Police cars are specialty equipment and Chevrolets are being purchased
due to those being the vehicles on State contract. .
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Mayor Garvey questioned if Crossing Guards have Police cars. It was indicated
they normally do not, but additional information will be provided.
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Room 1/4 in the municipal marina building was bid out for rent. The proposals
received and opened on February 8, 1991 were reviewed by the Marine Advisory Board
(MAB) who recommended Bruce littler Realty. Mr. littler, a member of the MAB,
refrained from discussion due to a conflict of interest.
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Under the Lease Agreement, the Lessee will pay $2,400 per year at the rate of
$200 per month for five years. Mr. littler was a Lessee in the marina building for eight
years and has an excellent record with the City. The other proposals did not meet
minimum bid requirements.
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Commissioner Berfield questioned if there would be a conflict of interest as she
knows Mr. Littler. It was indicated there would be a conflict only if there was some
financial gain to Commissioner Berfield.
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Clearwater Pass BridQe
William C. Baker, Public Works Director, reported it was the intention to have a
new channel for the high level, fixed span bridge. Due to the increased cost for dredging,
a mid-level bascule bridge proposal was discarded. He noted few boats would not clear a
65 foot bridge, however, the Coast Guard now says they would return an application for
65 feet as there are a few boats that could not pass under the bridge. He stated a 65 foot
bridge would suffice if the City promised to care for the inland waterway.
Commissioner Fitzgerald questioned what that would mean, Mr. Baker indicated
the City would be responsible for dredging and maintaining the waterway and passes. If it
was believed that Dunedin Pass would not be opened, the City could build a 65-foot bridge
if they promised to maintain the waterway to Hurricane Pass.
Mr. Baker stated staff is most seriously considering the plan to raise the bridge an
additional five to ten feet. The City Manager questioned if there were any masts taller
than 75 feet. Mr. Baker indicated there were not, however, increasing the height of the
bridge to 75 feet increases the bridge's cost by $2 million. It is felt those funds are
available.
Mayor Garvey questioned if there will be a need to purchase more land, Mr. Baker
indicated there would not be and the grade of the bridge will remain within standards. He
felt the best course of action was to see if the Coast Guard would approve the 75 foot
bridge.
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The City Manager indicated the City will proceed to apply for a 75-foot high bridge.
Staff, in the meantime, will investigate the cost and the feasibility of permits for dredging,
etc.
Commissioner Nunamaker questioned why dredging Dunedin Pass was not being
considered. The City Manager indicated that would be an alternate, however, it could
draw out the construction of the bridge for a couple of years.
Commissioner Nunamaker questioned the total cost for opening Dunedin Pass. The
City Manager indicated the cost had not been determined and permitting issues needed to
be resolved.
Commissioner Nunamaker questioned what would happen if the County reapplied to
open Dunedin Pass. Mr. Baker indicated the County pulled their request on the grounds
that a storm had opened the Pass. The City Manager indicated staff would consider
opening Dunedin Pass as an alternate and would also get costs regarding caring for the
Intercostal, versus a higher bridge.
Commissioner Fitzgerald questioned if the State would have to approve the change
in the bridge's height. Mr. Baker stated the State will ask why the increased cost is
necessary. It was noted that at this point, Coast Guard approval is the critical issue.
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Commissioner Berfield questioned if there would be any cost to the City if the
contract is canceled. Mr. Baker indicated language in the contract addresses the
consequences should the City have to pull the contract through no fault of its own.
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Contract for Security Ouard Service at the Garden Ave. Parkinn Garaqe to Janus Securltv
Services. lnc.. Tampa, FL, at a cost of $6.50 per hour (PW)
The annual contract for security guard servic'es from 04/01/91 to 03/31/92 is
estimated to provide 3,800 hours of services at $6.50 per hour. The estimated total cost
of the contract is $24,700 and represents a $.30 per hour increase over last year's rate.
Commissioner Nunamaker questioned security concerns at the garage. The City
Manager reported problems with homeless individuals making the garage their "homelt
after hours.
Contract for Stevenson's Creek Channellmorovements - Phase I to Scarborouoh
Constructors. Inc., Palm Harbor, FL, for $1,231,207.50 (PW)
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This contract is for the first phase of construction of a two phase project to
improve the hydrologic efficiency and reduce flood water levels during major storms in
Stevenson Creek from Betty Lane to Belleair ~oad. The project includes features to
improve maintenance of the creek, maintain water quality and enhance the environment.
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The project from Betty Lane to Pierce Street will include: the removal of bottom
sediment from Betty Lane to Palmetto Street; the replacement of bridges with box culverts
at Palmetto Street and Cleveland Street; the placement of a sediment removal trap
upstream of Palmetto Street; the construction of an environmental enhancement and
mitigation area between the creek and the Clearwater Country Club driving range, channel
lining with a fabric formed concrete revetment mat from Drew Street to Cleveland Street;
and lining of the channel bottom with reinforced concrete between existing retaining walls
from Cleveland Street to Drew Street. All environmental regulatory permits have b'een
received and drainage easements along the creek bed have been acquired.
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The project is scheduled to being in April, 1991. The contract time is 240 calendar
days and completion is projected for December, 1991.
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Commissioner Regulski questioned the effect of the challenge to the Comprehensive
Plan on this project. The City Manager indicated he believed the challenge could be
overcome but did not feel it was tied to this contract. The City Attorney agreed.
Regarding the challenge, Mr. Wright indicated staff is in the process of sending the
requested information.
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Commissioner Fitzgerald expressed concerns regarding approving the contract and
then having to cancel it. The City Manager indicated they would need to cancel the
contract only if the Department of Environmental Regulation were to come in and pull the
permits the City has already received. He stated the challenge is a Department of
Community Affairs item.
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Water Main Renlacement Contract - Phase VII to All American Concrete. Inc., St.
Petersburg, Fl, for $724,657.05 (PW)
The proposed area of replacement in Phase VII of the water main replacement
project under the Utility Bond Issues is bounded by Clearwater Harbor on the west, Drew.
Street on the north, Myrtle Avenue of the east, and Corbett Street on the south. The
replacement of all substandard mains within the Condon Gardens Housing Project and the
removal and replacement of deteriorated sidewalk in the Harbor Oaks Subdivision is also
included in this project.
The contract will replace all 2-inch galvanized mains and 4.inch universal joint
mains within the project area and the upgrading of main sizes to provide improved fire
protection as needed. VI/ater main replacement in this contract complies with the
recommendations of the Water System Analysis Report prepared by Briley, Wild and
Associates.
Work in this contract is being combined to avoid having more than one contractor
in the area at the same time.
The Commission requested a map that would indicate the phases of the water main
replacement and status of each phase.
1991 Subdrain Contract to Suncoast Excavatina. Inc., Ozona, Fl, for $139,710 (PW)
This contract is to replace deteriorated subdrain pipe in nine locations .as part of
annual maintenance efforts. Streets proposed for subdrain replacement are: Hyde Park
Drive from Allapattah Drive (East) to Meadow Wood Drive (both sides); Duncan Avenue
from Magnolia Road to Druid Road (both sides); Pine Place from Windsor Drive to Nugget
Drive (North segment); Glen Hollow Drive from Landmark Drive (Southern leg); Boylan
Avenue from lakeview Road to Bellevue Boulevard (West side); Souvenir Drive from
Elizabeth Lane to Kruse lane (East Side); Howard Street from Evergreen Avenue to
Fredrica Avenue (South side); and Sandy Ridge Lane from Somersworth Drive to 340 feet
south (West side).
Also included is the reconstruction of a portion of the drainage detention area at the
Northeast Treatment Facility as requested by the City of Safety Harbor. This work will
lower the normal water level of the detention area by two feet and provide for increase
storm water storage.
Commissioner Fitzgerald questioned if Safety Harbor was sharing in the cost due to
their request regarding the detention area. Mr. Baker indicated while this was a Safety
Harbor request, it was a good idea and the plant is the City's responsibility. He stated this
item adds $7,500 to the contract.
Commissioner Regulski questioned from where the funds would come. Elizabeth
Deptula, Assistant City Manager, indicated most of the funds are coming from the Road
and Drainage fund, however, the $7,500 is from the Stormwater Utility.
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Mayor Garvey questioned the problem of sheeting water on the front nine holes of
Glen Oaks Golf Course. Mr. Baker indicated this is a drainage problem on hold until the
Stevenson's Creek issue is resolved.
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Annl!al SAMP Plan salarv adjustments (eM)
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SAMP Pay Plan rules provide that the City Manager shall determine the amount of
increases to be given SAMP employees based on job performance, economic conditions,
budgetary constraints, etc. Prior to leaving, former City Manager Ron H. Rabun proposed
the following economic adjustments: 1) SAM? ranges A through I; a) an "exceptional"
rating would get an economic increase of 2%, a merit increase of 3%, a one time cash
payment of .5% for a total of 5.5%; b) "highly successful" would receive an economic
increase of 2%."a merit increase of 2%, a one time cash payment of .5% for a total of
4.5%; c) "satisfactoryU would receive a 2% economic increase, a 1 % merit increase, a
.5% one time cash payment for a 3.5% increase; d} individuals receiving ratings of
"improvement neededu or "unsatisfactory" would receive no increase in pay; 2) SAMP
ranges J through 0; a} an "exceptional" rating would result in an economic increase of
2%, a merit increase of 1.5%, a one time cash payment of 1.5% for a total increase of
5%; b) "highly successfuP1 would receive an economic increase of 2%, a merit increase of
1 %, a one time cash payment of 1 % for a total of 4%; c} "satisfactoryll would receive a
2% economic increase. a 1 % merit increase, no cash payment for a 3% increase; d)
individuals receiving ratings of "improvement neededt1 or "unsatisfactory" would receive
no increase in salary.
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Increases are based on performance based merit reviews and will be provided on
the employee's anniversary date. Employees at the maximum of their range receive range
adjustments in a lump sum payment and their base salary is not increased.
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Kathy Rice, Deputy City Manager. reiterated that SAMP plan increases are based on
employee evaluation. She indicated SAMP individuals have not received a salary increase
since October.
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Commissioner Regulski questioned what percentage of employees are rated
"exceptional." The Mayor pointed out the "merit" increase is automatic for Union
employees. whereas, SAMP employees receive increases based on their evaluation. Ms.
Rice indicated she and the Personnel Director review every evaluation.
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Commissioner Nunamaker questioned if coworkers have any input and if there is a
compatibility rating. It was indicated there is not. Mr. Laursen reported in the last Fiscal
Year, 54% of SAM? employees received an "exceptional" rating. 33% "highly successful,"
8.333% ttsuccessful," and 4% "improvement expected." He stated 176 City employees
are in the SAMP plan.
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Variances to the Sign Regulations: (Taraet Store) located at 21880 US 19N, Clearwater
Collection First Replat. Lot 4 (Dayton Hudson Corp. SV91-05) (PL&D)
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The applicant is requesting two variances to permit one additional business
identification sign; and a variance of 76 square feet business identification signage to
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permit a total of 204 square feet for a Target store located on the east side of US 19N on
the north side of Drew Street. The Land Development Code allows one business
identification sign per business establishment with the surface area not exceeding 1.5
square feet per lineal foot of building width (frontage) with a maximum of 1 28 square feet
for major tenants located at shopping centers. Target will be a major tenant.
The proposed signs would be placed on the front (east side) of the building along
US 19N. The applicant claims the conditions that exist are unique due.to the location of
the retail establishment a considerable distance from the public right-of-way restricting
visibility and creating some difficulty for the general public to locate the subject property;
he also claims that visual aid is necessary to help traffic flow onto and within the property.
Over the last four years, the Development Code Adjustment Board (DCAS) has
considered requests for various business establishments at the same location. DCAS
generally allowed the installation of additional business identification signs but usually did
not permit increases in business identification sign sizes. Staff feels the request for
increased sign area is more objectionable.
Most of the signage problems that have occurred at this site are attributable to the
site's Commercial Planned Development zoning which is quite restrictive regarding
property identification signage and allows signs up to 64 square feet. Nearby properties
zoned Highway Commercial are allowed 156 square feet of signage. The signs in question
are business identification signs, however, and are primarily intended to orient the public
once they are on the property.
.Jim Polatty, Planning & Development Director, pointed out the DiIlards store in
Clearwater Mall was granted a variance due to its distance from SR 60,
Commissioner Regulski noted it had been determined that 1.5 square feet per
frontage foot of the building up to 128 square feet was acceptable. He stated that may
be too small in this case. He said as long as the sign is in scale with the building, he did
not find it objectionable. Staff will provide information regarding the linear footage of the
building.
Alcoholic Beverage Distance Senaration Variance for orooertv (Sea Breeze Grill) located at
101 Gulfview Blvd., Columbia Sub., Blk A, Lot 1 and L1oyd~White-Skinner Sub., Lots 44-
47 and Lots 90-97 (Markopoulos A891-05) lPL&D)
The applicant is requesting an alcoholic beverage separation variance for a new
4COP-S alcoholic beverage license designation which permits on premise consumption and
package sales of beer, wine and liquor and is issued to establishments with a minimum of
50 hotel/motel rooms. The name of the proposed establishment located within the Day's
Inn Hotel/Motel is "Sea Breeze Grill."
The proposed facility is located in an existing restaurant. No additional parking is
required beyond that required for a restaurant. The site of this restaurant is that of the
previous Britt's Restaurant that occupied this location from April 1986, until
December 31, 1989. The existing restaurant received its occupational license on
December 5, 1990, thereby maintaining its nonconforming status with regard to parking.
minws03a.91
03/04/91
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Revisions to Relocation Policy (PL&O)
~ The Planning and Zoning Board approved the request subject to the following
conditions: 1) the applicant must procure requisite building permit within six months of the
Planning and Zoning Board public hearing; 2) the applicant shall obtain the required
alcoholic beverage minimum distance separation variance from the City Commission; 3)
the hours of operation of the restaurant shall be from 7 a.m. until 1 a.m., except where
prohibited by City or State regulations, and the kitchen shall remain open to within one
hour of closing; 4) the seating capacity shall not exceed 90 indoor seats and 44 outdoor
seats; 5) all applicable health and other regulations shall be met for outdoor seating; and 6)
the conditional use permit shall be for on premise consumption only with no package sales,
with the exception of room service.
The proposed restaurant will have 3,140 square feet of interior floor area, with 90
interior seats and 44 outdoor seats. Proposed hours of operation are from 7 a.m. until
18.m.
Lieutenant Sibbert, of the Clearwater Police Department, has indicated that City
Ordinance Section 72.1 7 (d)(2) prohibits the sale of open alcohol or unsealed containers
containing an alcoholic beverage, or to possess any open or unsealed container containing
an alcoholic beverage on or in any public street, alley, sidewalk, parking lot or right-of-
way. The applicant has been advised of these requirements.
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Concern was expressed regarding outdoor seating. The Planning Director indicated
the outdoor seats are on the subject property. He also said staff has not calculated the
number of outdoor seats but will complete it by Thursday.
A question was raised regarding how the right-ot-way is marked. Scott Shuford,
Planning Manager, indicated the sidewalk denotes the right-of-way. The City Manager
requested that staff see if a survey can be provided.
A question was raised regarding how the servers would know when they are on the
right-at-way. It was indicated there are barriers on the sidewalk.
On January 4, 1990, the City Commission approved a revised local relocation policy
consistent with Federal regulations. Relocation, an important part of the housing
rehabilitation program, is a policy monitored closely by HUD. Revisions were requested to
keep policies current.
One revision to section V1 b, TEMPORARY RELOCATION BENEFITS, is
recommended to increase the total allowance tor a self-move from $100 to $200 based on
the cost of two rentals of a trailer, gas, and miscellaneous expenses. This benefit is paid
when homeowners are temporarily relocated and they elect to move themselves and their
belongings rather than use a commercial mover.
A revision to section VI, OTHER POLICY STATEMENTS, would include the addition
of a new subsection, REVISION TO RELOCATION POLICY, that would permit staff,
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minws03a.91
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03/04/91
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without requiring City Commission action, to amend the policy from time to time to adjust
dollar amounts consistent with current costs in those sections that list specific dollar
amounts.
It was requested this item be clarified that the amendments are being made in order
to comply with Federal Guidelines. It was also requested that, while City Commission
action would not be needed to adjust dollar amounts, the City Commission be notified of
same.
Preliminary Site Plan for Clearwater Christian College located on the N side of Courtney
Campbell Causeway, approximately 2,000 feet E of Bayshore Blvd., 3400 Gulf to Bay
Blvd. (PSP88-MB) (PL&D)
The developer requests approval of a site plan for parking facilities, a science
classroom building, and a boy's dormitory addition to be built on the 46.3 acre site. The
proposed plans appear to comply with all development requirements stated in the Land
Development Code (LDC).
The science building will house a 1 50 seat auditorium and is proposed to be a two
story structure with a maximum height of 28' on the northeasterly portion of the parking
lot. The recapitulation table indicates 7,000 square feet per floor, totaling 21 ,000 square
feet. The applicant should clarify if the 7,000 "ground floor" square footage will be
enclosed classrooms or used as a parking area. Based on the auditorium's size, of the 60
parking spaces required, 41 will be located beneath the auditorium and 19 will be along
the main college service road on the northerly portion of the lot.
The proposed dormitory addition is expected to accommodate 20 students on two
floors. Twenty parking spaces have been provided. The proposed six parking lots all have
. one access point (ingress/egress) off the college's main driveway.
The proposed buildings shall utilize the existing 25 foot ingress/egress easement.
No new access points are proposed.
The Land Use Plan identifies the subject property as Public/Semi-Public.
Immediately to the north is Recreation/Open Space with Environmental Constraints E1-
Tidal Swamps and Flats, and E8-Critical WIldlife Habitat.
A 25 foot setback for structures, including parking lots, from the AL/C zoning is
required and does not appear to have been provided.
Section 24 of the Clearwater Comprehensive Plan, the Recreation and Open Space
Element, establishes goals, objectives and policies for various open space uses in the
community. Subsection 24.4.8 calls for "...open space properties which have the
diversity of resources necessary for nature study and the enjoyment of natural assets in
order to assure environmental understanding. II Subsection 24.4.9 addresses the
coordination of "recreation planning with other plans concerning water quality, fish and
wildlife management, and environmental education."
minws03a.91
03/04/91
10
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At least two environmental constraints are of primary concern. The project appears
to be within 750 feet, the primary zone, of an active pair of nesting Said Eagles which are
strictly protected by. federal and state law. Before proceeding, the applicant should
contact the Florida Freshwater Fish and Game Commission to determine the impact of this
project; the applicant shall provide documentation to staff of meeting any associated
requirements. Second, the proposed science building appears to encroach into existing
mangroves directly to the north; this location may require clearing of mangroves and.
should be carefully examined. The Department of Public Works/Environmental
Management cannot address environmental impacts until the construction envelope has
been field staked. Requirements related to setbacks and Bald Eagle protection must be
met.
Staff needs more information before determining if these items are in compliance
with the policies of the comprehensive plan. A concurrency review was performed and
determined accommodation of 20 additional students will not have a de minimis impact on
the current Level of Service of the adjacent arterial and collector road system.
Questions were raised regarding the access easement and the reference to
mangroves. Mr. Polatty indicated the development needs to be 25 feet away from the
aquatic zone and the mangroves will have to be staked. He stated they will have to be
certain there is no negative impact on the Bald Eagle nest.
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Mayor Garvey pointed out there was no .reference to mangroves in the Conditions.
This point needs to be clarified in Condition #3.
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Ouestions were raised regarding allowing the public to park on the college's
property in order to access Coopers Point, It was indicated this has been discussed but
not finalized. At this time, there is no provision for public parking. Mr. Pollaty said
there were environmental concerns regarding opening the Coopers Point property to the
public.
Commissioner Regulski indicated the easement needs to be addressed.
Memorandum of aqreement to oermit Federal Funds to be released for the InFill Housing
Proqram (PL&D)
As a condition to release Federal funds for new program activities under the
Community Development Block Grant (CD8G), the City is required to perform an
environmental assessment. During the review for the North Greenwood Infill Housing .
Program, the State Historic Preservation Officer expressed concerns about the impact of
new construction adjacent to buildings of historic importance. The objections must be
cleared before Federal funds are released. The most expeditious method to clear the
objection is to sign a memorandum of agreement. requiring the City to: 1) Complete a
historic building survey of the project area that complies with Department of Interior
standards within 12 months; 2) Until the survey is complete, notify the State with
photographs and a location map each time an infill house is proposed adjacent to a
structure more than 40 years old.
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rninws03a.91
11
03/04/91
The meeting recessed from 10:50 to 10:55 A.M.
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The City and CNHS currently perform this notification for each rehab proposed for
houses greater than 40 years old. Once the historic survey is accepted by the State, the
need for individual notification should cease. The new survey will be based on a historic
one conducted in older City neighborhoods, including North Greenwood, in the lat8
1970's.
Mr. Polatty indicated, based on material received Friday, a new Memorandum of
Agreement would be prepared prior to Thursday night's meeting.
land Develooment Code Amendments suggested by the Public (Pl&D)
Absent a formal land Development Code (lDC) amendment application process, the
City Commission directed staff to bring suggested lOC amendments forward, initially as a.
receipt and referral item, prior to developing ordinance amendments. The Planning &
Development staff presented proposed code amendments suggested by the public
regarding sign regulations.
Melvin C. Gaige of Air Balloon Promotions recommended cold air balloons as
temporary signage in the same manner as portable signs to advertise business grand
. openings. They are currently banned as "wind devices. to
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William C. Johnson recommends the City 1) permit larger business identification
signs; 2) require the removal of abandoned or vacant signs; 3) Regulate neon and exposed
strip. lighting as signage; 4) Require sign landscaping of freestanding property identification
signs to soften the impact of sign structures; 5) Delete allowances for real estate signs;
require the use of property identification signage for uFor leaseu or "For SaleH sign
messages and establish a sign time limit; 5) Provide additional restrictions on the number
and size of flags permitted; and 7) Add incentives for early conversion of nonconforming
signs.
Regarding the request for cold air balloons, discussion ensued regarding their
prohibition being too restrictive. Concerns were expressed defining the special events that
would allow them and how enforcement would be carried out. It was pointed out that the
County has appointed a Committee to review the sign code and the draft is to be
presented to the Mayors' Council within 30 days. Concern was expressed that a sign
code so limiting would provide no way to denote special celebrations and/or charitable
events. Consensus of the Commission was for staff to review this issue and portable
signs and bring it back as a discussion item.
Regarding larger ID signs, the City Manager requested that staff be allowed to bring
back tl1is identification sign issue as a whole,
Regarding abandoned or vacant signs, concern was expressed that jf they are not
illegal, the City cannot require them to be dismantled. It was requested that the John
Baldwin and TV & Stereo Town signs be checked. There was concern that abandoned
signs can become unsightly. It was stated a nonconforming sign could be taken down.
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minws03a.91
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03/04/91
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The City Manager pointed out the Commission's plate would be loaded with sign
issues next year. Consensus of the Commission was not to address this amendment now
but to enforce the current sIgn code as it relates to these signs.
Regarding neon signs, the Commission did not feel they could regulate neon at this
time. When it is an architectural enhancement, it is not a sign.
Regarding sign landscaping, concerns were expressed regarding enforcement and
maintenance of the landscaping. Consensus of the Commission was to not address this
request.
Regarding the real estate sign request, again, the consensus was not to address
this request.
Regarding flags, the City Attorney requested discussion be postponed due to
ongoing litigation regarding flags.
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Regarding incentives for removal of non-conforming signs, concerns were
expressed regarding what incentives could be offered. Bonuses or monetary rewards were
not thought to be feasible. It was the consensus of the Commission for staff to study this
issue further and review all alternatives.
Sign Regulations - Suggested Amendments (Pl&DJ
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The sign amortization inventory program, initiated by the Planning and Development
staff, is anticipated to be completed on schedule. The program has. resulted in some
necessary code interpretations and suggested areas of code revision, as practical
difficulties with code compliance have been identified.
The staff presented the proposals for information purposes and to gauge
Commission interest in them.
1) Larger business identification signs are needed for office complexes. An office
complex is a building containing more than one office and distinguished in the sign
regulations from a single office in one building which is classified as a "freestanding"
business establishment. The four square foot maximum sign size is insufficient to
adequately identify individual offices in a complex. Staff suggests using a per linear foot
s;gnage allocation similar to that used for shopping centers would permit office business
identification signs of up to 32 square feet. '
Scott Shuford, Planning Manager; recommended referring to a percentage of the
wall. Consensus of the Commission was for staff to come back with proposed language.
2) Staff feels a ban on portable signs is warranted. Enforcement of the current
regulations that allow portable signs for grand openings is difficult. If these signs are
banned, this enforcement problem will be easily resolved.
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minwS03a.91
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03/04/91
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Concerns were expressed that Amendment #3 and Amendment #13 conflicted with
each other. Mr. Wright pointed out that an off premises sign advertised products not
available on the property where the sign is located. Concerns were expressed regarding
Constitutional regulations that sign codes cannot regulate the message. Mr. Wright agreed
but indicated they could regulate if off premises advertising is allowed. He stated, as an
example, the Post Harbor development which reQuf;lsted an off premises sign.
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Questions were raised regarding what constitutes a portable sign. It was
questioned if signs on trucks or any other mobile sign would be considered portable. The
City Attorney indicated the current code effectively bans portable signs. Some concerns
were expressed that there was a reluctance to completely ban them and it was suggested
they be placed in the same regulations as the cold air balloons discussed in the earlier
item.
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Consensus of the Commission was for staff to tighten up the rule and to include
this with regulations regarding cold air balloons.
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3) Some prohibition of "off-premises" signs is needed. Current regulations do not
address the on/off premises issue. It is conceivable businesses may begin using their
property identification signs to advertise goods or services not available on the property on
which the sign is located. Such an amendment would also serve to prohibit vehicle signs
when vehicles are parked in off-premises locations. Discussion also centered around
suggested amendment # 1 3 which recommends the following; a) pole signs and ground
signs should be referred to as freestanding signs and regulated as to size and whether the
sign is the primary freestanding sign or an auxiliary freestanding one and if more than one
sign per road frontage was permitted due to the generous street frontage provisions; b)
wall and window signs could be referred to as attached signs and regulated by the percent
of the wall area to which the signs are attached with a maximum area size permitted. This
approach would keep the signs in scale with the wall to which it is attached; c) all
references to property identification and business identification signs could be deleted.
The sign size is determined by placement, freestanding versus attached, and an overall
allocation provided for each parcel, depending on its lot area and zoning classification.
This would allow businesses additional flexibility in deciding sign sizes among freestanding,
attached, canopy, and other signs.
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Consensus of the Commission was for these two items to be brought back once
further research had been completed.
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4) There is a need to allow a range of sign sizes for Commercial and Industrial Plan
developments. Commercial and Industrial Plan development projects are located on major
thoroughfares which have extensive limits placed on their signs relative to the surrounding
properties by their planned development zoning. Staff believes the Commission should
consider sign size for Commercial and Industrial Plan developments when zoning is
approved, allowing the sign to be tailored to the site.
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Mr. Pollaty indicated as each plan development is brought forward, the Commission
would be shown the surrounding area and the sign allowances determined on a case by
case basis.
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A question was raised regarding address signs. Mr. Pollaty indicated there was a
need to find a uniformed place for street numbering. Consensus of the Commission was
to have staff pursue this amendment.
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5) The sign code needs to provide for improved regulation of flags. In light of
pending litigation regarding flags, no action was taken on this suggested amendment.
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6) Bench signs should be banned. Staff has received direction from the
Commission to prepare code amendments accomplishing this and proposed to bring the
amendment to the Commission in the Phase II group of code amendments. Consensus of
the Commission was to pursue.
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7) The sign code needs to be revised to permit limited use of above canopy signs.
The amendment must be carefully worded, however, so that permitting above canopy
signs on structures such as gasoline station canopies that cover fuel pumps is prohibited.
Limiting the sign to canopies attached to the principal structure and requiring the sign to
not extend more than one foot above the top of the canopy or a distance above the roof
line, is one way to accomplish this objective. '
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Concern was expressed regarding pitched roofs. Mr. Pollaty reiterated a number of
these variances have been requested in particular by Checkers Restaurant. Consensus of '
the Commission was to pursue this amendment.
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8) Provision should be made to permit subdivision, mobile home park, and multi-
~ family development signs at appropriate places in City rights-of-way. Such signs should
'-"'.:;:' be constructed and located to promote traffic safety. Appropriate agreements should also
be required to permit removal of the signs at the City's discretion.
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Discussion ensued regarding there being a conflict between this recommendation
and a need to not allow structures in medians and rights-of-way. There was concern that
there would be liability should an accident involving a permitted sign in a City right-if-way
or median occur. Consensus of the Commission was for staff to research this and bring
back and clarify the language.
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9) How frequently a time .and temperature sign may change its message should be
regulated. Staff recommends 15 second intervals. Consensus of the Commission was
that this was not worth the effort.
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10) Stadium sign regulation should allow electric signs if installed to face inward
toward the stadium. Also, pennants should be permitted within and above stadiums. The
City Attorney requested discussion regarding pennants be deferred. Consensus of the
Commission was electric signs facing inward were allowable.
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11) Sign measurement techniques need to be clarified to reflect current practices
concerning the number of geometric shapes to encompass multi-panel and unusually
shaped signs. Consensus of the Commission was to pursue this amendment.
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03/04/91
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13) Was discussed with item #3.
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12) Some provision should be made to n.ot require compliance with code setback
requirements if the right-of-way line changes due to road construction projects as long as
the affected signs remain on private property.
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A question was raised regarding liability. Mr. Polatty indicated the signs would still
be located on private property. Consensus of the Commission was to pursue this
amendment.
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14) Some provision to allow the installation of attractive sign bases. Keeping these
bases in scale and character with the overall sign is needed. No advertising copy or other
messages would be permitted on these sign bases.
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Concerns were expressed regarding the ability to determine when the base
. becomes part of a sign. Consensus of the Commission was for staff to work up limits
regarding these bases.
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15} Machine signs such as vending machine signs should be more carefully
regulated to stop the proliferation of such signage in the front setback areas of
nonresidential properties.
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A question was raised regarding whether or not there would be freedom of the
press issues regarding signs on newsracks. The City Manager indicated special laws
regarding newspapers and the freedom of the press provision. cease when the sign ceases
to be a newspaper and becomes a commercial. Consensus of the Commission was to
pursue.
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already provided that this amendment be pursued.
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Gift of Clearwater Sun Newso8oer MorQue to City of Clearwater Public Librarv (eA)
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The City Attorney reported the former publishers of the Clearwater Sun have
offered to donate to the City the Clearwater Sun morgue which includes newspaper
articles and pictures used during that newspaper's publication. He stated the letter of
acceptance would certify that the City will not use these items for nonpublic purposes. He
stated the letter provides that the City can charge for making copies of the material,
however, all revenue generated from those copies are to be earmarked for maintenance of
the morgue. The City Attorney indicated the morgue's maintenance may not be self-
supporting. The City Manager pointed out that while the City may have photographs, the
library does not have the ability to copy them and a charge would be made for copies of
negatives.
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Linda Mielke, library Director, indicated there is no index for the material and this
will need to be done in the future. An index of the photographs and negatives will also be
needed.
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minws03a.91
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03/04/91
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A question was raised regarding how much this will cost. Ms. Mielke said she did
not have that information at this time and would come back to the Commission in phases.
A question was raised if the work could be contracted out. It was indicated that might be
possible. Questions were raised whether tax benefits would result if the morgue were
donated to another party. Ms. Mielke indicated the Publisher had considered donating it to
the Library Foundation or Historical Society, however, those organizations only wanted bits
and pieces of the material.
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. Concerns were expressed that the City was bound by rules that limits the per copy
charge to 15 cents. The Library Foundation would not be under that obligation. All of the
revenues could go to the Library.
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Consensus of the Commission was to pursue acceptance of the materials. It was
stated that how to handle the material over the long term will have to be addressed.
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Verbal ReDorts
The City Manager announced the Phillies Reception will be held on Friday,
March 22, 1991, at Ruth Eckerd Hall at 6:30 p.m.
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Ms. Rice reported the Florida League of Cities is changing its election date.
Delegate choices need to be submitted.
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The City Attorney indicated the Legislature will be in session starting tomorrow.
t.G~ Ms. Rice indicated she will be getting back to the Commission regarding Legislative
f'0.)~l1 actions.
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Other Commission Action
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Commissioner Nunamaker questioned reference to a lawsuit regarding Homestead
Oaks. It was indicated that was not a lawsuit. Mr. Baker, Public Works Director, is
addressing a drainage problem.
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Commissioner Nunamaker questioned if monies generated from speed enforcement
on Clearwater Bridge could be allocated to that program. He stated there is a need to
rectify overtime for Police Officers \(\Iorking on the bridge due to the structural
breakdowns. The City Manager indicated he will discuss this with the Police Chief within
the next few days.
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Commissioner Regulski emphasized that no one has said the bridge will fall down if
speed limits exceed 1 5 miles per hour. He stated the bridge is being monitored by tilt
meters. Commissioner Nunamaker stated exceeding the 15 mile an hour speed limit
causes adverse vibration to the bridge. The City Manager indicated he will provide an
answer to the Commission.
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Adiournment - The meeting adjourned at 12:35 p.m.
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03/04/91
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