12/02/1993 CITY COMMISSION MEETING
December 2, 1993
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, December 2, 1993 at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Kathy S. Rice Deputy City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Scott Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards - None
ITEM #4 - Introductions and Awards
Police Chief Klein and Officer Friendly, Fred Casale, presented a plaque to Bill Johnson in appreciation of his contributions and participation in the Officer Friendly program.
The Mayor announced the continuation of the Community Consensus Project and encouraged all citizens to participate.
ITEM #5 - Presentations
a) Homeless Project - Drop-In Center
Commissioner Deegan stated the City Commission authorized the Homeless Center Task Force in August and charged them with investigating the feasibility of a Drop-in Center. He stated
thus far they have defined the purpose of the Center and established guidelines regarding those to be brought to the Center. The Task Force has asked for support of a temporary center.
An interim report is to be submitted. The Community Development Agency (CRA) has approved use of the STEPPS (CETA) Building during the months of January and
February and the City of Clearwater has approved funds to be used for renovations of the structure. $13,000 is needed for operations and this need has been presented to neighboring
communities.
Police Chief Klein thanked the Commission for the opportunity to make a donation of $5,000 which has been taken from the forfeiture fund of the Police Department. Vice Mayor John Doglione
of Dunedin stated he took great pride in coming to the Commission to make the presentation for this worthwhile project. The only question the City of Dunedin had when asked for the
donation was whether or not there would be a long range solution. He presented $2,000 to the City Commission. Commissioner Jim Miles of Largo, standing in for Mayor Feaster, presented
a donation of $3,000 from the City of Largo's Police Department forfeiture fund.
Commissioner Deegan reported Vance Arnett from the Department of Justice in the County has indicated they will also be making a donation of $2,000. He stated they have yet to hear
from Tarpon Springs. He introduced members of the Task Force who were in attendance, Barbara Green and Dr. Stephanie Adair-Tatoff of the Department of Health and Human Services. Commissioner
Deegan stated he was turning the funds over to Ms. Green for the operations of the Drop-in Center. He also recognized Carlton Ward, the Chamber's representative on the Task Force.
Mayor Garvey thanked Commissioner Deegan, the Committee, the cities of Largo and Dunedin, Pinellas County, and the Police Department. She stated the long term solution will be discussed
as the Task Force continues its efforts.
ITEM #6 - Approval of Minutes
Commissioner Deegan moved to continue the minutes of the regular meetings of October 21, 1993, and November 8, 1993. The motion was duly seconded and carried unanimously.
PUBLIC HEARINGS
ITEM #7 - Public Hearing & First Reading Ord. #5504-93 - Vacating 60' r-o-w of Phillies Drive, lying between Seminole St. & Palmetto St (City V93-14)(PW)
The Parks and Recreation Department is in the process of establishing a parking lot for the physically impaired at Jack Russell Stadium. The parking lot needs to be located in close
proximity to the stadium entrance gates. The vacation of Phillies Drive will allow the proximity of the parking lot with respect to setback and landscaping requirements. The City has
an existing sanitary sewer, water, and gas mains within the right-of-way.
This request has been reviewed by the various departments and divisions concerned. The Engineering Department and the Gas Department have no objections to the vacation providing the
right-of-way is retained full width as a drainage and utility easement and an ingress/egress easement is granted over the existing asphalt road. All other departments and divisions
concerned have no objections.
Florida Power has no objection provided a 10 foot easement is granted for existing facilities. Vision Cable and General Telephone have no objection.
Commissioner Fitzgerald questioned if there would be a public safety interest in maintaining this right of way. William Baker, Public Works Director, indicated this will be retained
as an access easement and traffic will still be able to use Phillies Drive. By vacating as a right of way, the physically impaired will have closer access to the doors.
Commissioner Thomas moved to approve the vacation of the 60 foot right-of-way of Phillies Drive lying between Seminole Street and Palmetto Street, subject to the retention of a 60 foot
drainage and utility easement, and a 31 foot ingress/egress easement over the existing traveled way. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5504-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5504-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #8 - Public Hearing & First Reading Ords. #5495-93, #5496-93 & #5497-93 - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1728 W.
Manor Ave., Clearwater Manor, S 30' of Lot 28 & N 45' of Lot 29, 0.22 acres m.o.l. (Johnson, A93-24, LUP93-33)(CP)
The subject property is located between Belcher Road and West Manor Drive, approximately 2,230 feet south of Sunset Point Road across from the City's fire station. The applicants wish
to annex to obtain sewer service. The Countrywide Future Land Use Plan Category for this parcel is Residential Low (5 u.p.a. max.). On the receipt and referral agenda item it was erroneously
stated the category was changed to Residential Urban (7.5 u.p.a. max.) as part of the Consistency Program. The lots in Clearwater Manor that are already in the City have a zoning of
RS-8. It is proposed to assign a City Future Land Use Classification of Residential Low and RS-8 zoning to the applicants' property.
On November 16, 1993, the Planning and Zoning Board endorsed this request.
Commissioner Fitzgerald moved to approve annexation, a future land use plan amendment to Residential Low and RS-8 zoning for the subject property. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5495-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5495-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5496-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5496-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5497-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5497-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #9 - Public Hearing & First Reading Ords. #5498-93, #5499-93 & #5500-93 - Annexation, Land Use Plan Amendment to Residential Estate and RS-2 Zoning for property located at 3030
Tanglewood Dr., Tanglewood Estates, part of Lot 2, and adjacent land to north, 1.02 acres m.o.l. (Looney, A93-25, LUP93-34)(CP)
The subject property is located on the north side of Tanglewood Drive between Landmark Drive and McMullen Booth Road, approximately 1,300 feet south of Curlew Road. The applicants
wish to annex to obtain sewer service. The Countywide Future Land Use Plan Category for this parcel is Residential Estate. It is proposed to assign the same City Future Land Use Category.
The adjacent property in the City has RS-2 zoning, including all lots in this subdivision which are in the City. It is proposed to assign the same zoning to the applicants' property.
Ultimately, however, this property will be placed in one of the proposed Residential Planned Development zoning districts to be developed as part of the Pinellas Planning Council Consistency
Program.
On November 16, 1993, the Planning and Zoning Board endorsed this request. Commissioner Deegan questioned where the sewer to be accessed was located. Mr. Baker indicated it is on
Oak Creek Drive and a private lift station will be used to access it.
Commissioner Thomas moved to approve annexation, a future land use plan amendment to Residential Estate and RS-2 zoning for the subject property. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5498-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5498-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5499-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5499-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5500-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5500-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #10 - Public Hearing & First Reading Ords. #5501-93, #5502-93 & #5503-93 - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1409 Regal
Rd., Solar Crest, Lot 22, 0.19 acres m.o.l. (Frazier/Posey, A93-23, LUP93-32)(CP)
The subject property is located on the south side of Regal Road, approximately 1,100 feet west of Highland Avenue and 730 feet north of Belleair Road. The applicant
wishes to annex to obtain sewer service. The Countywide Future Land Use Plan Category for this parcel is Residential Low. It is proposed to assign the same City Future Land Use Category
to the applicants' property. The lots in Solar Crest already in the City and the subdivision to the south (Brookhill Terrace) are zoned RS-8. It is proposed to assign the same zoning
to the applicants' property. Ultimately, however, this property will be placed in one of the proposed Residential Planned Development zoning districts to be developed as part of the
Pinellas Planning Council Consistency Program.
On November 16, 1993, the Planning and Zoning Board endorsed this request.
Commissioner Thomas moved to approve annexation, a future land use plan
amendment to Residential Low and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5501-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5501-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5502-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5502-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5503-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5503-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #11 - Alcoholic Beverage Separation Distance Variance for property (Capogna's Dugout) located at 1653 Gulf-to-Bay Blvd., Gulf-to-Bay Shopping Center, Lots 3 & 4 (Bruno, AB93-19)(CP)
The applicant is requesting a variance of 250 feet to permit a 4-COP-SRX alcoholic beverage establishment to locate 50 feet from a residential zone. The subject property is a restaurant
named Capogna's Dugout. The owner proposes to expand his establishment to provide an enlarged alcoholic beverage sales area by expanding into an adjoining vacant storefront. There
were no negative comments from the Police Department or other city departments concerning this request.
If the center was located 15 feet further from the east side of the property, no separation variance would be needed as the exemptions provided to 4-COP-SRX licenses would apply. Under
these exemptions, a 4-COP-SRX licensed facility 65 feet from a residential zone is permitted if there are no accesses or delivery areas on the side of the building facing the residential
use.
Under the proposed changes to the alcoholic beverage regulations, this use would require a conditional use permit because it appears that the gross floor area of the shopping center
has over 15% of its overall floor area taken up by alcoholic beverage sales uses.
On November 16, 1993, the Planning and Zoning Board approved a conditional use permit to allow this use, subject to the conditions that the requisite occupational license shall be obtained
within six months and the requisite separation distance variance shall be obtained within three months.
Arthur Capogna requested approval of the variance.
Commissioner Thomas moved to approve a variance of 250 feet to allow alcoholic beverage sales 50 feet from a residential zone for the subject property. The motion was duly seconded
and carried unanimously.
ITEM #12 - Alcoholic Beverage Separation Distance Variance for property (Majestic Empress cruise ship) located at 900 Osceola Ave., J.A. Gorra Sub., Blk 2, Lots 2 & 3 along with westerly
120' of Lot 1, Sue Barco Sub., Lots 13, 14, 23 & 22 less triangle in southeast corner together with vacated Nicholson Street, filled submerged land, submerged land & riparian rights
(Clearwater Bay Marine, Inc., AB93-16)(CP)
The applicant is requesting a variance of 300 feet to permit the sale of beer, wine and liquor (4-COP-SPX) to be located zero feet from a residential zone. The alcoholic beverage license
is for consumption on premises on a cruise ship, proposed to be berthed at the former site of the Bay Marine Ways commercial marina facility.
The representative of the cruise ship has indicated the portion of the marina to be occupied by the cruise ship and the associated parking will be leased from Clearwater Bay Marina,
Inc. Recently the ownership of the property changed; the new owner, Clearwater Bay Marina, Inc. will have the responsibility of managing the entire marina facility including its parking
areas.
There were no negative comments received from the Police Department or other city departments concerning this request.
On November 16, 1993, the Planning and Zoning Board approved the conditional use permit for alcoholic beverage sales and marina expansion subject to 17 conditions, attached hereto these
minutes as Exhibit A.
On November 17, 1993, the Development Code Adjustment Board denied the parking variance request associated with this separation distance variance request. The parking needed was based
on the applicant's proposed use of a 600 passenger ship.
The applicant will likely appeal the Board's decision, but, in the interim, is planning on using a smaller, 470 passenger ship, which will meet the parking requirements. Staff will
require that this smaller ship be Coast Guard registered for not more than 470 passengers, or obtain some equally enforceable limitation on the number of passengers to ensure that the
parking requirements are met.
The Planning and Zoning Board's exhaustive list of approval conditions, including condition #2 requiring the applicant to obtain a variance or otherwise meet the parking requirements,
will remain in effect regardless of the parking variance denial.
Scott Shuford, Central Planning Director, indicated the separation variance is needed as the zoning, in which the facility is located, is considered residential in connection with alcoholic
beverage uses. He reiterated the parking variance was denied by the Development Code Adjustment Board, however, based on the reduction of the size of the ship, limiting the number of
passengers to 470, no parking variance is needed. He stated there is opposition from neighbors and support of the operation as well. Mr. Shuford stated he feels the Planning and Zoning
Board conditions will limit alcoholic beverage sales to the ship while it is under way. It is staff's position that the applicant meets the standards of approval.
David Bacon, attorney representing the applicant, stated the alcoholic beverages will only be on the ship, and not on land. He agrees with the staff report that the applicants had
complied with the standards. He stated his client has met with City officials in order to work out all the details and they will meet the conditions of the Planning and Zoning Board
conditional use approval. He stated a smaller ship will be berthed at the Clearwater Bay Marineways. He understands there are a number of letters of support for the application.
Commissioner Fitzgerald indicated he would like to see a presentation of where the ship will be located in relationship to the residential properties. Tom Bradcliff presented an aerial
photograph and indicated that the large work area for the Marina will remain. He stated the RM-8 zoned area is to the north of the property. The vacant building on the south side of
the property will be converted to a terminal and the ship will berth along the south docks. The parking area will be repaved and restriped.
Commissioner Deegan questioned whether or not the individuals objecting to the granting of the alcoholic beverage use had been made aware that there would be no alcoholic beverages
served while the ship was docked. Mr. Shuford indicated they had been made aware of this fact, however, the issue is not just the alcoholic beverage sales but there are also concerns
regarding noise and light being generated from the ship.
Commissioner Deegan pointed out that one of the recommended conditions is that the alcoholic beverages cannot be served until after the ship leaves the dock and questioned if the company
was in agreement. Mr. Bacon indicated they were. Commissioner Deegan questioned if there was any way to guarantee the alcoholic beverage sales ceased at a certain point. Espen M.
Tandberg of Empress Cruise Lines stated he had no objections to a cut off time and said they already have one for the entertainment.
Commissioner Deegan suggested including, as a condition, a time or distance at which point alcoholic beverage sales would cease. He recommended Clearwater Pass be that location. Commissioner
Fitzgerald questioned how far, in distance, the ship would be from the neighborhood when docked. Mr. Brad Clifton indicated 410 or 420 feet. Commissioner Deegan questioned whether
or not it would be acceptable if people understood alcoholic beverage sales would not begin until the ship reached Clearwater Pass Bridge. Commissioner Fitzgerald indicated the ship
was a considerable distance from the neighborhood.
Commissioner Thomas questioned if the applicants understood and agreed to cease the sale of alcoholic beverages when they come into Clearwater Pass. Mr. Tandberg indicated they did.
Commissioner Thomas questioned when they anticipated starting the sale and service of alcoholic beverages. Mr. Tandberg indicated as soon as the lines are off and the gangway is up.
Commissioner Thomas questioned whether of not there would be a problem with beginning
the service at Memorial Causeway. Mr. Tandberg indicated when food service begins, many people also want to order wine. He stated the ship wouldn't pass Memorial Causeway until fifteen
minutes into the cruise and he would prefer to be able to serve alcoholic beverages earlier. Commissioner Thomas questioned if they could agree to start when they have cleared the docks.
Mr. Tandberg indicated he could agree with that. Commissioner Thomas indicated that of the objections received, only seventeen were Clearwater residents.
Commissioner Berfield questioned what time of the day the ship would depart and return. Mr. Tandberg indicated the cruise departing at 10:00 a.m. would return at 4:00 p.m. and the
cruise departing at 6:30 p.m. would return at 11:30 p.m. weekdays and on Friday and Saturday evenings at 12:30 a.m.. Commissioner Berfield expressed concern regarding the time local
schools were dismissed and Mayor Garvey indicated 3:30 p.m. at the latest.
Vickie Morgan, 301 Cedar Street, stated her property abuts the Marina and she has over 50 Clearwater residents on a petition objecting to the granting of this variance. Commissioner
Deegan questioned whether or not they understood at what point the serving of alcoholic beverages would begin and end. Ms. Morgan indicated her home is located ten to twelve feet up
on a bluff and she can see the ship from her bedroom window. She stated her home is a stilt home and even with a six-foot concrete wall, she will be able to see the operation. Her
opposition to it is noise as they plan on parking cars right under her window. She stated this is a self-imposed hardship and that the request is being made primarily for financial
gain. She stated she has visited the ship at John's Pass and there is noise. She requested the Commission vote as if this were their home. Mayor Garvey questioned whether or not there
were any noise complaints with the current marina operation. Ms. Morgan indicated there were not as the operation stops at 5:00 p.m..
Kathy Miller, member of Calvary Baptist Church, stated she was opposed to granting the variance. David Northcott stated it is clear the business needs freedom to do business and provide
entertainment. He questioned, however, if it was reasonable to assume that all school children will be off these streets. He noted the streets are narrow and winding and he asked whether
or not it was reasonable to assume instantaneous sobriety upon discontinuation of service. He requested denial.
Jay Keys stated he is involved in tourist promotion and was excited about the cruise ship being able to operate. He requested approval. Steve Seliga stated he was in favor of the
cruise ship and said last Thanksgiving he went on a dinner cruise which was one of the most exciting experiences he had ever had. Bob Bickerstaff stated he was in favor of the variance
being granted as it was needed for the tourist industry. He questioned if the existing Marina had been active and successful whether or not there would have been noise complaints.
He stated there is a need for a separate ordinance for ships serving alcoholic beverages.
Commissioner Deegan stated it was his opinion that the operation of the vessel would be a shot in the arm for downtown development and tourism. He stated that a six month trial period
is one of the conditions and if there is proof of complaints, they will lose their conditional use approval. He felt the applicants had shown enough good faith that they were worthy
of a trial period.
Commissioner Thomas moved to approve the variance of 300 feet to allow alcoholic beverage sales zero feet from a residential zone for the subject property since the applicant has met
all standards of approval subject to all 17 conditions imposed by the Planning and Zoning Board and, adding to Condition #3, that no alcoholic beverage sales or service will be permitted
until the ship has totally exited the Marina and that sales and service will cease as the ship returns through Clearwater Pass. The motion was duly seconded and carried unanimously.
ITEM #13 - Alcoholic Beverage Separation Distance Variance for property (7 Trees Food Store) located at 1208 N. Ft. Harrison Ave., Enghurst Addition No. 2, Lots 62 & 63 (Lainas, AB93-18)(CP)
The applicant is requesting a variance of 123.3 feet to allow package sale of beer and wine (2 APS) at a convenience store known as "7 Trees Food Store" within 76.7 feet of a similarly
licensed establishment for. The applicant proposes to expand his store service area. The only similarly licensed establishment in the vicinity is named "Quick Stop Food Mart" and is
located across N. Ft. Harrison Avenue from the proposed site. Both establishments are located within the Infill Commercial (CI) zoning district.
There were no negative comments received from the Police Department or other city departments concerning this request.
On September 14, 1993, the Planning and Zoning Board approved the request for a conditional use permit subject to: 1) the requisite occupational license shall be obtained within one
month from the date of this public hearing; 2) the perimeter landscaping requirements of Section 42.27 shall be provided along the western property line within five months of the date
of this public hearing; and 3) this approval shall be for six months trial period, after which the application shall be reviewed for law enforcement activity on the premises and regarding
the applicant; 4) the hours of operation shall be as requested by the applicant, unless otherwise restricted by city code or state law. Specifically, the hours shall be: Monday through
Saturday - 8:00 a.m. until 9:00 p.m.; Sundays - 8:00 a.m. until 10:00 p.m.; and 5) the requisite alcoholic beverage separation distance variance shall be obtained from the City Commission.
Under the proposed changes to the alcoholic beverage regulations, a conditional use permit would be required for this use.
The applicant has a felony conviction of dealing in stolen property dating from 1992. This is prior to him being involved in any alcoholic beverage business in the City.
Staff researched city code requirements and did note that Section 6.25 allows the Commission to consider felony convictions for occupational license holders after issuance of the city
occupational license. Since this applicant did not have a felony conviction before beginning business operation in the City this requirement was not pursued.
The Police Department did not express concern about this particular applicant in its response to the conditional use permit request. The Planning and Zoning Board was advised of
the applicant's background and did act to condition the conditional use permit approval so that there would be a trial period to ensure that city laws were being observed.
Mr. Shuford indicated the establishment currently sells alcoholic beverages, however, there has been a change in ownership which required a new conditional use approval which was approved
by the Planning and Zoning Board with five conditions. He stated they are here tonight because they are planning a minor expansion in the convenience store.
Commissioner Deegan referenced one letter received in opposition stating there were already three establishments selling alcoholic beverages and questioned if this was one of them.
Mr. Shuford indicated there are four existing establishments.
Rasheed Ghaleb requested approval of his application. Gus Lainas, owner of the property, indicated the alcoholic beverages will remain but the deli operation will expand and he has
no problem with that. Mayor Garvey questioned if this was an expansion of the square footage of the store and Mr. Lainas indicated it was and he supported the application. Commissioner
Fitzgerald questioned the need for additional variance when an existing alcoholic beverage establishment wishes to expand. Mr. Shuford indicated they first must obtain the conditional
use permit and then the separation variance. Commissioner Fitzgerald questioned if this action would be required if alcoholic beverages were already being sold and Mr. Shuford indicated
it would, if the use area were to be expanded.
Commissioner Thomas stated the City was trying to reduce the sale of alcoholic beverages in this part of town. Commissioner Fitzgerald and Mayor Garvey indicated they were unaware
of that effort. Commissioner Thomas stated the Old Clearwater Bay Association has expressed concern about problems related to drugs, alcohol consumption and prostitution. Mayor Garvey
stated she was aware of the complaints regarding drugs and prostitution. Commissioner Thomas questioned whether or not they could say no to the expansion and questioned if there were
any police reports on the area.
Mr. Shuford indicated they have raised the question of the applicant's conviction for selling stolen goods and that is why there is a six month trial period on the conditional use.
Commissioner Thomas questioned whether or not the applicant would be before the Commission if they were not expanding. Mr. Shuford indicated they would not.
Commissioner Berfield questioned whether there was only one similarly licensed establishment. Mr. Shuford indicated there was one across the street. Commissioner Berfield referred
to a letter referencing three or four. Mr. Shuford indicated there are not three or four within 300 feet of the establishment. Commissioner Berfield expressed concerns regarding approval
of the variance and, if after six months the conditional use permit is denied, whether or not that could come back on the Commission. Mr. Shuford indicated the applicant has agreed
to meet the conditions and that the conditional use and variance are tied to the change of ownership.
The City Attorney indicated there would have to be a good case for denying the conditional use after the six month trial. Commissioner Thomas questioned whether or not the Police Department
was aware of the felony conviction and Mr. Shuford indicated it was the
Police Department that alerted Central Permitting of this fact. He also indicated the police on the beat are not finding this operation to be a problem. In response to a question,
Mr. Shuford indicated the conviction was for dealing with stolen property. The City Attorney indicated that this is not on the list of crimes that would prevent granting the license.
Commissioner Thomas expressed concerns regarding the applicant having dealt in stolen property in an area with prevalent drugs and prostitution.
Mr. Shuford indicated he had been told the conviction dealt with the applicant's purchase of stolen potato chips. Mr. Ghaleb indicated an individual had come to him indicating he was
working for the particular company and sold him the potato chips at a very good price. Commissioner Thomas questioned whether or not the stolen goods were a food product and Mr. Ghaleb
said they were.
Commissioner Deegan moved to approve a variance of 123.3 feet to allow alcoholic beverage sales within 76.7 feet of a similarly licensed establishment for the subject property. The
motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald, Deegan, and Thomas and Mayor Garvey voted "Aye"; Commissioner Berfield voted "Nay." Motion carried.
ITEM #14 - Alcoholic Beverage Separation Distance Variance for property (Heilman's Beachcomber Restaurant) located at 447 Mandalay Ave., Clearwater Beach Park, First Addition, Lots 16-23
and Clearwater Beach Park, Replat of First Addition, Blk A, Lots 12-15 together with adjacent vacated alley (Heilman, AB93-15)(CP)
The applicant is requesting a variance of 108.6 feet to permit a 4-COP alcoholic beverage establishment to locate 91.4 feet from a similarly licensed establishment on Clearwater Beach.
The subject property is a restaurant named Heilman's Beachcomber Restaurant. The owner proposes to expand his establishment to provide a wine storage and wine tasting service area
in addition to the existing restaurant site. There were no negative comments from the Police Department or other city departments concerning this request.
Under the proposed changes to the alcoholic beverage regulations, this use would be a permitted use.
On November 16, 1993, the Planning and Zoning Board approved a conditional use permit to allow this use, subject to the following conditions: 1) the applicant shall obtain the requisite
building permit within six months from the date of this public hearing; 2) the applicant shall obtain an occupational license within nine months from the date of this public hearing;
and 3) the applicant shall obtain the necessary variances from the City Commission and Development Code Adjustment Board.
Harry Cline, Attorney representing the applicant, stated the restaurant has been on this site for over 40 years. They want to incorporate an old hotel on the property into the restaurant.
He stated the variance standards have been met.
Commissioner Thomas moved to approve a variance of 108.6 feet to allow alcoholic beverage sales 91.4 feet from a similarly licensed establishment for the subject property. The motion
was duly seconded and carried unanimously.
ITEM #15 - Alcoholic Beverage Separation Distance Variance for property (Seven Oaks BP) located at 706 Drew St., E.H. Coachman, Blk 8, Lots 1 & 2, less street, all of Lots 3 & 4 together
with S 63' of Lots 10 & 11, Lot A less N 20' and all of Lot 14 (McKnight, AB93-14)(CP)
The applicant is requesting a variance of 65 feet to permit package sales of beer and wine (2-APS) within 235 feet of a church for an establishment known as "Seven Oaks BP Gas Station".
The applicant is expanding and renovating an existing alcoholic beverage sale use. The applicant has been selling beer and wine from this location since 1985.
There were no negative comments received from the Police Department or other city departments concerning this request.
On November 16, 1993, the Planning and Zoning Board approved the request for a conditional use permit subject to the following conditions: 1) the applicant shall obtain an alcoholic
beverage separation distance variance from the City Commission; 2) there shall be no on-premise consumption of beer or wine; 3) there shall be no on-premise entertainment; 4) the requisite
occupational license shall be obtained within nine months from the date of this public hearing; and 5) there shall be no pass-through service.
Mr. Shuford indicated there are major renovations taking place at this gas station and the variance is required due to expansion. He stated if they could relocate the service center,
which cannot be done due to the location of the gas pumps, the buildings could be separated by a larger distance. He indicated this is a large site for a gasoline station.
Commissioner Thomas questioned whether or not this would be allowed under the new ordinance regarding the required separation distance between churches and schools. Mr. Shuford indicated
the expansion would not be allowed because it is within 300 feet of a church. Commissioner Deegan expressed concerns that this is an existing facility and if they were not expanding,
it would not be before the City Commission. Mr. Shuford agreed, however, he stated the Commission has provided direction to staff to develop an ordinance to not permit alcoholic beverage
sales within 300 feet of a church or school. Mayor Garvey questioned whether this should apply if the alcoholic beverage establishment already existed. Mr. Shuford indicated that staff
could look at the new ordinance and allow expansion of existing buildings up to a certain percentage.
Bill Hardee, representing the applicants, stated if it were not for the oak trees, the buildings could be moved over. He stated it is simply that they are expanding their floor area
which requires the variance. Mayor Garvey questioned whether or not the old gasoline tanks had been taken out. Mr. Hardee indicated they had been replaced.
Commissioner Thomas expressed concerns regarding the sales of cold alcoholic beverages at gasoline stations. It was indicated that this was an item on the City's legislative package
for this year.
Commissioner Deegan moved to approve a variance of 65 feet to allow alcoholic beverage sales within 235 feet of a church for the subject property. The motion was duly seconded. Upon
the vote being taken, Commissioners Fitzgerald, Deegan and Thomas and Mayor Garvey voted "Aye"; and Commissioner Berfield voted "Nay." Motion carried.
ITEM #16 - Alcoholic Beverage Separation Distance Variance for property (The Wine Vault) located at 2556 McMullen Booth Rd., Sec. 28-28-16, M&B 33.02 (John Hancock Properties, AB93-17)(CP)
The applicant is requesting a variance of 200 feet to permit a 4-COP alcoholic beverage establishment to be located zero feet from similarly licensed establishments within the Northwood
Plaza shopping center. The subject property is an existing package liquor store named "The Wine Vault". The separation distance variance is required because the subject establishment
is proposed to be located on the same property as several existing consumption on premises establishments. The applicant wishes to enhance his business by holding wine and liquor tasting
events as well as alcoholic beverage package sales. The applicant is requesting a variance from the Development Code Adjustment Board of 20 seats to allow 30 seats when 50 seats are
required.
The property is within the area now zoned Commercial Center (CC) and Limited Office (OL) district. No additional parking facilities are needed. The applicant intends to share the
existing parking spaces at Northwood Plaza. The Police Department has no objection to this use.
Under the proposed changes to the alcoholic beverage regulations, this use would be a permitted use (no Board or Commission review required) because the center has not exceeded the
15% "cap" on total floor area for alcoholic beverage uses that would be established under the proposed revisions. With the addition of this use, the center would have a total alcoholic
beverage floor area percentage of 11.7%
On November 16, 1993, the Planning and Zoning Board approved the conditional use permit for the 4-COP alcoholic beverage license with the following conditions: a) the applicant shall
obtain the required occupational license within six months of this public hearing; 2) the applicant shall obtain a variance to the seating requirements; 3) the applicant shall obtain
a separation distance variance from the City Commission; and 4) the hours of operation shall be restricted to 9:00 a.m. to 9:00 p.m.
Mike Kwasin, representing the applicant, stated they are primarily a retail business specializing in single malt scotches and wines. Commissioner Berfield questioned when they would
go to the Development Code Adjustment Board for their seating variance. Mr. Kwasin indicated they have passed all other boards. Commissioner Deegan pointed out that under the
changes currently under discussion, this would be a permitted use as it is under the 15% cap in a shopping center.
Commissioner Fitzgerald moved to approve a variance of 200 feet to allow alcoholic beverage sales within zero feet from a similarly licensed establishment for the subject property.
The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #17 - Ord. #5325-93 - establishing City's reclaimed water rate system & to recover city's costs for reclaimed water service from the benefiting properties
The Deputy City Manager requested this item be continued as the parties affected have been notified a second reading will occur on December 16, 1993.
Commissioner Thomas moved to continue Second Reading of Ordinance #5325-93 until the regularly scheduled meeting of December 16, 1993. The motion was duly seconded and carried unanimously.
ITEM #18 - Ord. #5482-93 - Relating to newsracks and vending machines on public r-o-w and on public and private property; creating Sec. 28.10 regulating location of newsracks and prohibiting
installation and maintenance of vending machines on public r-o-w, providing definitions, providing for enforcement and for relocation and removal under certain circumstances.
The City Attorney presented Ordinance #5482-93 as amended for second and final reading and read it by title only.
The City Attorney presented a motion to amend the Ordinance and reviewed it.
Commissioner Thomas moved to amend Ordinance #5482-93 by: 1) at the top of page 2, insert the following definitions: "Right-of-way" means all that area dedicated to public use or
otherwise owned by a governmental agency for public street purposes. The term includes, but is not limited to, roadways, parkways, bicycle paths and sidewalks. "Roadway" means that
part of a right-of-way designed and improved for motor vehicular traffic.; 2) on page 3, add the following to the end of the sentence in subsection (3)(a): , and no newsrack shall be
installed or maintained on or in a parkway at any location where there is no sidewalk.; 3) on page 3, add the following sentence to subsection (3)(c): All newsracks installed in parkways
shall be placed such that the front of the newsrack faces towards the sidewalk.; and 4) on page 5, amend subsection (5)(c) to read: If a newsrack or vending machine constitutes an imminent
threat to public health or safety, the newsrack or vending machine shall be subject to immediate removal by the city. Upon removal, the city manager shall deliver a notice of removal
to the distributor and, in the case of a newsrack, to the publisher of the newspaper. The notice shall describe the newsrack or vending machine, the location from which the newsrack
or vending machine was removed, the address of the location where the newsrack or vending machine is being stored, and an explanation of the procedures by which the distributor or publisher,
as
appropriate, may obtain a release of the newsrack or vending machine. The motion was duly seconded and carried unanimously.
Matt Hecht, representing the Clearwater Times, stated they were opposed to the ordinance. They felt they have been a good neighbor and the section that causes them major concern is
28.10 subparagraph C subsection D which states that no newsracks shall be located on any unpaved surface. He stated if the newsracks present a hazard, they will be more that willing
to work with the City to move the newsrack.
Mayor Garvey questioned whether or not the concern was for newsracks blowing away during a storm. Mr Baker indicated the parkway may be irregular and cause people to trip. Commissioner
Thomas indicated it was important for racks to have a foundation. Mayor Garvey questioned if racks were not anchored to a foundation, what would be accomplished. Mr. Baker indicated
it would provide for a more stable surface and noted that attaching them could create a hazard if they were to be hit by a car.
Mr. Hecht also expressed concerns regarding the provision that newsracks containing the same issue or edition of the publication cannot be located within 1,000 feet of each other.
Mr. Baker indicated this provision only applies to newsracks located in residential neighborhoods. Mr. Hecht also expressed concerns regarding not being able to chain or bolt down newsracks
as they are expensive machines with money in them. Mr. Baker questioned what they would be bolted to and Mr. Hecht indicated they would bolt them to whatever was close. Mr. Hecht also
questioned the City's ability to remove and store newsracks. Commissioner Thomas questioned what he recommended and Mr. Hecht suggested simply moving them to a safe location and notifying
the newspaper.
Commissioner Thomas questioned why staff did not want newsracks anchored. Mr. Baker indicated newsracks in the public right-of-way would be a greater hazard if anchored to a foundation.
Commissioner Thomas questioned if this was a breakaway issue and Mr. Baker indicated it was.
Mr. Baker, speaking in regard to the City's ability to remove newsracks, stated if the $100 fine was a problem, that would be up to the City Commission's judgement. He would still
request that staff be allowed to remove racks deemed to be a hazard.
Mr. Hecht indicated that as a good neighbor, they would request the City call and they would move the rack. Mr. Baker indicated the proposal would have staff writing companies and
advising them the City has their racks. He stated bluntly that there is a desire to penalize the newspapers so they will not place the newsracks in inappropriate locations again. The
City Attorney indicated the $100 was a storage charge and not a fine.
Commissioner Deegan expressed concerns that the $100 may be steep. He requested that an official letter be written giving a 30-day grace period and, if the racks were not moved, the
$100 fine would then be sufficient. Mr. Baker indicated that most violations will be urgent as most will be safety issues.
A 30- to 60-day notification of implementation of the Ordinance was suggested. Mr. Baker indicated he would inform all publishers of the Ordinance and provide them with a copy. Mayor
Garvey questioned whether or not the 30-days was workable and Mr. Hecht indicated it would be.
Commissioner Berfield questioned whether or not the effective date of the Ordinance should be made 30-days after adoption. Commissioner Deegan requested copies be mailed to all the
publishers. Commissioner Berfield questioned why a newsrack would be allowed on the right-of-way when a citizen cannot place a sign in the same location. The City Attorney and Mr.
Hecht indicated it had to do with First Amendment rights. Mr. Baker indicated the Federal Government would not allow the City to stop placement of the newsracks in the right-of-way
but the City could regulate it. Mr. Hecht indicated they were willing to work with the City as their Ordinance was more reasonable than others that have been adopted.
Gary Benjamin requested the Ordinance be made more restrictive. Anne Garris stated she felt this was an excellent Ordinance and requested the 1,000 foot separation not only apply in
residential zones. Bob Bickerstaff complimented Mr. Baker on the Ordinance and stated he would like to see something that encloses the newsracks to protect them from the elements.
Mayor Garvey pointed out that when they were in Houston two years ago, they did see a uniform container that faced toward the interior of the sidewalk. She said it was something that
could be considered for certain areas. Commissioner Fitzgerald indicated he had photographs of this enclosure.
Commissioner Thomas questioned Mr. Hecht regarding the toughest ordinance regarding newsracks. Mr. Hecht indicated he could not offer that opinion but did state that the Clearwater
Ordinance is not as stringent as Sarasota's.
Commissioner Deegan questioned, on page three of the Ordinance and Mr. Baker's diagram regarding the placement of newsracks, stating it appeared to be permissible to have newsracks
on either side of the sidewalk, even at the curbline. He expressed concerns regarding this being a safety issue as children could dart out from behind newsracks. It was requested
they not be permitted on the curb side. The City Attorney suggested using the same five foot rule for all locations. Commissioner Deegan requested newsracks be required to be placed
on the property edge of the sidewalk. The City Attorney indicated that by using the five foot rule from the edge of the curb or edge of pavement, it would allow more newsracks to be
oriented away from the roadway whereas if all newsracks were placed on the property side of the sidewalk, the newsracks would be oriented toward the roadway.
Concerns were expressed regarding allowing newsracks to be placed in the middle of a sidewalk and it was indicated the Ordinance already prohibits this. Mr. Baker indicated he would
amend his diagram regarding the guidelines for location of newspaper dispensers prior to sending them to those affected.
Commissioner Berfield moved to amend Section #3 of the Ordinance to state that this Ordinance shall take effect 30 days after adoption. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to amend Section #3B on page three to add a last sentence which reads "However a newsrack shall not be installed or maintained within five feet of a curb or
the edge of a roadway pavement." The motion was duly seconded and carried unanimously.
Commissioner Deegan moved to pass and adopt Ordinance #5482-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney indicated he would be requesting the Sarasota Ordinance.
ITEM #19 - Ord. #5483-93 - Annexation for property located at 23917 US19N, Parcel A - Hill-Top Sub., part of Lot 7, Parcel B - Ehle Sub., part of Lot 1 (U-Haul of West Coast of Florida
A93-22)
The City Attorney presented Ordinance #5483-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5483-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 - Ord. #5484-93 - Land Use Plan Amendment to Commercial General for Parcel A and to Residential/Office/Retail for Parcel B, for property located at 23917 US19N, Parcel A - Hill-Top
Sub., part of Lot 7, Parcel B - Ehle Sub., part of Lot 1 (U-Haul of West Coast of Florida LUP93-30)
The City Attorney presented Ordinance #5484-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5484-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #21 - Ord. #5485-93 - CG Zoning for both parcels, for property located at 23917 US19N, Parcel A - Hill-Top Sub., part of Lot 7, Parcel B - Ehle Sub., part of Lot 1 (U-Haul of West
Coast of Florida A93-22)
The City Attorney presented Ordinance #5485-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5485-93 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #22 - Ord. #5492-93 - Relating to offenses, creating Sec. 20.05 prohibiting graffiti and requiring removal of graffiti within 10 business days following notice thereof
Commissioner Deegan pointed out the agenda cover sheet indicated a 3-day requirement, however, this had been changed to 10 days.
The City Attorney presented Ordinance #5492-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5492-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The meeting recessed from 8:28 p.m. to 8:40 p.m..
ITEM #23 - Special Items of widespread public interest - None.
ITEM #24 - Citizens to be heard re items not on the Agenda
Robert Wright requested there be an aggressive program for annexation of enclaves. He stated he has heard rumblings that the County is pressuring the City to provide sewer service
without annexation. He stated the sewer system was the only enticement left to the City. Mayor Garvey indicated the City had been asked to consider this but had not been pressured.
Anne Garris, a member of the Environmental Advisory Committee, stated two motions were made at the last meeting; one, that the monies from the sale of the Hillsborough property be earmarked
for the purchase of environmentally sensitive land in Clearwater and requested that this be put on the agenda in the near future. Mayor Garvey stated this had been discussed at Monday's
meeting, however, some of the funds may have to go back to the sewer fund.
Ms. Garris indicated the other motion was a statement of policy that the Environmental Advisory Committee is generally in opposition to variances that would detrimentally affect aquatic
lands. She requested this be passed down to variance boards. Commissioner Deegan questioned whether or not it was possible for Mr. Miller to relay this to the Boards. Mayor Garvey
stated only if the Commission agrees with the policy. Commissioner Deegan questioned why one board could not go to another board. Mayor Garvey stated that the Boards are advisory to
the City Commission and the City Commission needs to agree if a policy is to be stated.
Commissioner Deegan expressed concern regarding one Board not being allowed to express concerns to another. Ms. Rice pointed out that the motion of the Environmental Advisory Committee
indicated they wanted this to be a policy. Commissioner Deegan agreed that one Board should not being going to another Board and saying "this is our policy," but if there is a particular
issue which concerns them, there is nothing wrong with expressing that concern.
Commissioner Thomas asked if there was consensus that any Board can go to another Board with a concern. Mayor Garvey emphasized only if they are truly representing the Board. It was
the general consensus this would be allowed. The Mayor expressed some discomfort with this, but would agree at this time.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #25-30) - Approved as submitted less Item 25.
The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from
the Consent Agenda to allow discussion and voting on the item individually.
ITEM #25 - See Page 22.
ITEM #26 - Joint Project Agreement with Adam Smith Enterprises Inc. to install natural gas mains during improvements to East Lake Road, Phase III, at an est. labor cost of $122,262 (GAS)
ITEM #27 - Receipt/Referral - proposed LDCA re: residential signage (LDCA 93-24)(CP)
ITEM #28 - Receipt/Referral- Future Land Use Plan Amendment to Residential High and RM-28 Zoning for property located at 1100 Pine St., Mary Land Sub., Lots 1-12 and W 1/2 of vacated
r-o-w for Madison Ave. between N. Pine St. and S. Pine St., 1.89 acres m.o.l. (RHA/Florida Properties, Inc., LUP93-37, Z93-51)(CP)
ITEM #29 - Receipt/Referral - Annexation, Land Use Plan Amendment to Commercial General and CG Zoning for property located at 1914 Atlantis Dr., Sunset Point Estates, Blk A, Lot 22,
0.14 acres m.o.l. (Touchette, Sr., A93-27, LUP93-36)(CP)
ITEM #30 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1654 Owen Dr., Orange Blossom Sub., N 10' of Lot 17 & 60'
of Lot 18, 0.22 acres m.o.l. (Alexiades, A93-26, LUP93-35)(CP)
Commissioner Thomas moved to approve the Consent Agenda as submitted less ITEM #25 and that the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #25 - Contract to Heuer Utility Contractors, Inc., Clearwater, FL, for installation of 5/8", 1", 2", 4" & 6" Polyethylene mains and service lines, for the period 12/1/93-11/30/94,
at an est. $1,026,500 (GAS)
In order to provide timely installation of gas mains and services for new customer requests, Clearwater Gas System proposes to award an annual contract to an outside contractor to install
Polyethylene gas mains and services at various locations throughout the service area.
Work will be performed under the direction of the Gas Superintendent. The contractor will supply all labor and equipment, sod, asphalt, concrete, and curb replacements. Clearwater
Gas System will supply the gas related material, such as Polyethylene pipe, fittings, and valves.
Commissioner Deegan questioned why the City was waiting to do the bond issue in the second quarter thereby necessitating the transfer of funds for this work. He also questioned whether
or not the City had always contracted out this type of work or whether City staff had done it. Chuck Warrington, Gas Division Manager, stated that the City has routinely contracted
for new construction. Commissioner Deegan questioned why, if the gas system is in an expansion mode, this would not be done with inhouse employees. Mr. Warrington indicated the cost
of contract labor without additional benefits has proven to be more cost effective.
Mayor Garvey stated that the City Commission had also placed a limit on the number of City employees which could be hired. Commissioner Deegan questioned whether or not the numbers
had been run to see if it was not time to have City employees do this work. Mr. Warrington indicated the numbers have been run out several times and it is still more cost effective
to contract out. He further stated the City still does not have the approval from Pasco County to expand to that area and this is the reason the bond issue had not gone forward.
Further discussion ensued regarding whether or not contract employees should be used. Mr. Warrington indicated most utility companies are going to outside labor for these types of
contracts. The Mayor questioned when the City would have the contracts with Pasco County, Port Richey and New Port Richey. Mr. Warrington indicated the City is in the process of negotiating
all three contracts.
Commissioner Thomas questioned how People's Gas proceeds with the construction. Mr. Warrington indicated they contract out. Commissioner Deegan questioned whether or not GTE contracts
out and it was indicated they do. Commissioner Thomas indicated one reason for this is due to egregious workers' compensation laws. Commissioner Berfield questioned whether or not
the gas revenues would be reimbursed from the Bond issue and, if approval was not obtained to move into Pasco County, how would it be reimbursed if there is no Bond issue. Mr. Warrington
indicated that if Pasco should deny the City the ability to expand into that County, the Bond issue would only be for work within Pinellas County and would reimburse the funds approved
thus far.
Commissioner Deegan questioned if we were getting a better price due to this being an annual contract on a large amount of work. Mr. Warrington indicated there are still some areas
where the City does parcel by parcel when a specific job needs to be done. This is for quantities expected to be needed throughout the year but is not specific to location.
Commissioner Deegan questioned if the unit prices are less due to the quantity. Mr. Warrington stated he believed so and this was a better price than last year. Commissioner Deegan
indicated he was not surprised at the answers he had been given but he wanted to elaborate and ask questions as the information was not included in the agenda item.
Commissioner Deegan moved to award an annual contract 12/01/93 to 11/30/94 for installation of 5/8", 1", 2", 4", & 6" Polyethylene mains and service lines to Heuer Utility Contractors,
Inc., at an estimated cost of $1,026,500 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 #31 - Preliminary Site Plan for Drew Street Medical Office Complex located at 2342 Drew St. (J.E.S. Properties, Inc.)(CP)
The applicant proposes to construct a two story 32,400 square foot medical office building with associated parking and landscaping on vacant land located on the link of Drew Street
soon to be widened by Pinellas County between N.E. Coachman Road (SR 590) and US19. Pinellas County Engineering staff anticipate the widening of Drew Street will begin in March 1994,
and, upon completion, the improvements will result in a level of service "B"; the current adopted level of service (LOS) is "D-F".
The subject property has a future land use plan classification of Residential/Office General (R/OG) and is within the Limited Office (OL) zoning district.
The proposed medical office complex is anticipated to generate approximately 1,108 average daily trips and approximately 110 peak hour trips. Since the scheduled widening of Drew Street
which is expected to begin by March of 1994, city concurrency regulations allow the LOS anticipated from the scheduled improvements to be used in determining concurrency compliance.
Consequently, there are no capacity restrictions.
Commissioner Deegan questioned the timing required in conjunction with the road widening. Mr. Shuford indicated concurrency allows a three year window in which the improvements are
to occur.
Commissioner Thomas moved to authorize the DRC to approve a final site plan for Drew Street Medical Office Complex subject to conditions attached hereto these minutes as Exhibit B.
The motion was duly seconded and carried unanimously.
ITEM #32 - Final Site Plan design modification for Pelican Walk located on E & W sides of Mandalay Ave., between San Marco St. and Poinsettia Ave.(B.J.E., Inc.)(CP)
The applicant proposes to modify the certified final site plan to include a 12 foot wide driveway which would allow traffic to access the retail center parking lot located in the rear
(east side) of the shopping center from Mandalay Avenue. This would allow traffic to cross the city sidewalk and to pass between the proposed two story retail buildings. As a result
of this modification, the retail floor area will be reduced by approximately 600 square feet.
The previously approved certified final site plan did not provide a driveway access from Mandalay Avenue. The previous design provided automobile traffic access to the site at the
parking lot located on Poinsettia Avenue. The applicant also wishes to add five 25 square foot tree cut-outs in the parking lot.
Staff is concerned about the proposed new driveway from the standpoint of vehicle and pedestrian circulation. First, the proposed driveway is to be a one-way (eastbound) drive; due
to its proximity to the intersection of Mandalay and Baymont, there will be a queuing problem created for the intersection as cars stop to turn left into the drive. Second, there will
be a tendency to use the narrow drive as a two-way drive, creating potential traffic conflicts and interference with pedestrian traffic. Third, as vehicles emerge from between the two
buildings, there are possible pedestrian/vehicle conflicts created. Fourth, the applicant received a setback variance for this project in May, 1993 partially due to the pedestrian nature
of the site design; this change in site design seems to be in conflict with the rationale behind the setback variance.
With regard to the five planter cut-outs in the parking lot, staff is concerned that the location of these planters will result in motorists not pulling all the way into the parking
spaces, resulting in blockage of the travel aisle. Also, there is the potential for vehicle or landscaping damage if the trees are hit by cars pulling all the way into the spaces.
If the applicant is able to provide some curbing or wheel stops to reduce the potential of these problems, staff may be able to accept this design change. This change, if accepted by
staff, could be approved as a minor site plan amendment, and would not require further Commission action.
Mr. Shuford reiterated Staff's concerns regarding the changes, stating particular concern regarding the safety of pedestrians. He presented an aerial which had the buildings sketched
in and showed the driveway as proposed. Commissioner Deegan questioned if Staff's recommendation would be to deny even if it is a one way drive. Mr. Shuford indicated they would still
recommend denial due to pedestrian concerns. Commissioner Thomas stated there is also a five-foot sidewalk adjacent to the fifteen-foot drive. Mr. Shuford indicated this was not the
case as there is only a fifteen-foot opening between the buildings.
Steve Fowler, architect for the project, stated they have received the comments from Traffic Engineer. He stated the current site plan closes off two two-way entrances that currently
exist and said potential tenants have concerns regarding access to the project. He stated they originally worked with Eckerd for one and a half years in an attempt to combine the sites
and obtain a two-way drive but these negotiations never came to fruition. He stated he would understand Traffic Engineering's concern if the speed limit on the road were 40 mph, however,
there is a 25 mph speed limit. He stated this drive would generally be used one time as a first time entry into the project. There would be no exit back onto Mandalay Avenue.
Commissioner Thomas questioned whether or not there was a sidewalk. Mr. Fowler said there would be a sidewalk with brick pavers and a concrete apron. Commissioner Thomas questioned
the width. Mr Fowler indicated the sidewalks were three feet plus a twelve foot driveway. Commissioner Thomas questioned whether any of the sidewalk would be under an overhang. Commissioner
Fitzgerald stated that part of the problem is also visual as people cannot see the traffic until they are within the 15-foot area. Mr. Fowler indicated there will be no
curb and Commissioner Fitzgerald indicated this increased the problem as there will be no separation between traffic and pedestrians.
Mr. Baker stated the concern is the planned occupation by pedestrians and cars of the same 15-foot space. Commissioner Thomas questioned the width of a standard driveway. Mr. Yauch
indicated driveways are usually 16-feet one way and are designed to allow cars, which have stopped, to be passed. He said the standard sidewalk is 4- to 5-feet and is separated from
traffic lanes. Commissioner Thomas questioned whether a 10-foot drive could be built with a five-foot raised sidewalk. Mr. Baker indicated this would be too narrow because a disabled
car would create big problems.
Mr. Fowler stated he felt his project would have the same geometry as a drive-through bank. Commissioner Thomas questioned whether or not there was any way to provide a 5-foot raised
sidewalk on the ground floor to provide a safety barrier. Mr. Fowler indicated they could provide an extra five feet, but not for the entire length of the drive. He stated the service
elevator pit has already been poured.
Mayor Garvey questioned there being major revisions when a major portion of the slab has been poured. Commissioner Thomas questioned whether there was any structure in the slab. Mr.
Fowler indicated the center building could be reduced by five feet. Commissioner Thomas stated he agreed with Traffic Engineering that there are serious concerns for pedestrian safety.
Mayor Garvey questioned whether or not Staff's concern was that there are two curb cuts. Mr. Baker indicated there is only one curb cut and Ms. Rice indicated there are still concerns.
Peter Yauch, Traffic Engineer, indicated there are pedestrian and car conflicts on both sides of the drive. Commissioner Berfield questioned where the entrance to the service elevator
would be. Mr. Fowler indicated it is from the east, next to the stairwell. Mayor Garvey reiterated safety is the main issue as the original design showed no vehicular entrance from
Mandalay Avenue.
Commissioner Berfield pointed out that an excerpt from the DCAB meeting indicated all traffic would be from Poinsettia. Mr. Fowler again reiterated that negotiations with Eckerd had
failed. Mr. Shuford questioned which plan had been presented to the Development Code Adjustment Board for the variance that had been granted. Mr. Fowler indicated that it was less
the Eckerd Drug Store but negotiations were still underway. Mr. Baker indicated the Traffic Engineer was seeking to work out an agreement. If there were a five-foot sidewalk, it would
take care of most of the pedestrian safety concerns, if the access is right turn in only and there is a railing on the steps.
Mr. Shuford pointed out that the variance granted by the Development Code Adjustment Board had a condition that any changes to the site plan would come back to the Development Code
Adjustment Board. He stated if the City Commission also wishes to see this final site plan modification they should say so in their motion. It was the general feeling that the site
plan should not have to come back to the Commission if the safety concerns were addressed to Staff's satisfaction, particularly in regard to the need for a sidewalk, right-turn in only,
and hand rails.
Commissioner Thomas moved to receive the proposed modifications to the final site plan for Pelican Walk and refer them to the Development Review Committee and the Development Code Adjustment
Board for further action consistent with the discussion that took place at today's meeting regarding safety issues in connection with the driveway off of Mandalay Avenue and that the
site plan come back to the City Commission only if these issues cannot be resolved. The motion was duly seconded.
The Mayor reiterated that the major concern is pedestrian safety. Commissioner Berfield questioned whether or not the service elevator was being addressed. Mr. Baker indicated that
all safety opportunities would be addressed.
Upon the vote being taken, it carried unanimously.
ITEM #33 - Amendment to project allocations for Community Pride & Rehabilitation Account; authorize certain FY 1992-93 CDBG subrecipients to use their unexpended funds for FY 1993-94
activities (ED)
On July 3, 1992 the Commission approved the 18th year CDBG Final Statement and Objectives of FY 1992-93. As of September 30, 1993, several agencies had not expended the funds awarded
by the Commission. Some of these agencies have requested they be allowed to expend the funds in the upcoming fiscal year. Total funding for these rollover contracts will come from
the FY 1992-93 CDBG allocation. These amounts are in addition to the amounts approved on July 15, 1993 by the Commission during the 19th year CDBG public hearing. They include the
following:
Agency Code Rollover Amount
Clearwater Youthbuilders 181-1-99465/820 $ 3,440
Clearwater Neighborhood Housing Service 181-1-99468/820 $10,700
181-1-99466/820 $ 3,650
181-1-99469/820 $ 5,850
Pinellas County (Sanderlin) Head Start 181-1-99464/820 $ 5,300
Tampa Bay Community Development Corp. 181-1-99466/820 $ 1,151
Pinellas Habitat for Humanities 181-1-99466/820 $ 8,000
Total $38,091
The reasons these agencies did not spend their total allocations vary.
The Clearwater Youthbuilders agency was slow in becoming operational. They are now up and running and provide a needed service to the City.
Clearwater Neighborhood Housing Service, Inc. did not expend all of their funds because the City closed their rehabilitation program while new policies and procedures were being established.
The rehabilitation program is now re-opened and the agency is now processing loans.
Pinellas County (Sanderlin) Head Start encountered zoning and lease problems which delayed their project. Central Permitting and Public Works staff have noted these problems could
be rectified within a six month period. Awarding the roll-over funds would allow the agency to purchase a modular classroom for their Head Start Program.
Tampa Bay Community Development Corporation experienced low program participation. The agency is now experiencing growth in program participation and feels it could expend its funds
within three months. This will provide housing opportunities for low to moderate income families in Clearwater.
Pinellas Habitat for Humanity had a shortage of volunteers on their site selection committee. They are now fully staffed and have financial resources to build two houses within six
months. Allowing the roll-over would enable low income families to afford a home and provide an increase in property tax values.
Additionally, staff is recommending an increase of $7,800 to Community Pride Child Care Center. The Commission's original award to this agency was $18,546. The proposed increase will
bring the total to $26,346. This funding will pay for improvements at the center that the Commission discussed at the July 15, 1993 public hearing. Staff recommends the proposed increase
($7,800) be deducted from the Rehabilitation Account and added to the Public Service Account.
Commissioner Fitzgerald questioned what would happen to the rollover funds if the Commission did not approve this item. Jim Polatty, Economic Development Director, indicated the funds
would remain unallocated and the Commission would have to decide later how they were to be spent. Commissioner Berfield questioned how the rollovers were decided and Mr. Polatty indicated
these were funds that were allocated during last year's CDBG program. Ms. Rice indicated this was true except for the $7,800 for the Community Pride Day Care Center. Commissioner Deegan
questioned whether or not this would be setting a precedent and Mr. Polatty indicated it would not.
Commissioner Deegan moved to amend the 1993-94 project allocations for Community Pride and Rehabilitation Account, and to authorize certain FY 1992-93 CDBG subrecipients to use their
unexpended funds for FY 1993-94 activities. The motion was duly seconded and carried unanimously.
ITEM #34 - Contract to Oakhurst Construction for renovations to the Press Box at Jack Russell Stadium, for $318,629 (PR)
This contract will provide for complete renovations to the press box at Jack Russell Stadium. Renovations will include demolition of the existing 860 square foot press box and the
rebuilding of a new facility of approximately 1,450 square feet.
The existing press box was included in the original design of the stadium. Although it has had minor renovations throughout the years, it remains very small and is uncomfortable for
all of the press representatives that are present during the Philadelphia Phillies Spring Training games. All other spring training facilities have larger press box areas.
The new design will provide for a tiered press box area as well as providing four separate press rooms which can be used for either radio or television. Presently, only one substandard
toilet facility services the entire press box area. Under this contract, there will be two ADA approved restrooms. In addition, an owners' box will be built in connection with the
press box area.
An elevator to the press box was designed and included as an alternate in this bid process. However, it does not appear this elevator will be required by ADA standards and is not recommended
to be installed at the present time. The cost of the elevator is $68,970 and could be provided at a later date if requested or deemed necessary by the City and the Phillies.
Mr. John Timberlake has stated that officials with the Phillies have approved this plan and hope the renovations can be completed prior to the first game on March 5, 1994. The current
contract is for 75 days and should be complete prior to the opening date.
Because of a tight time schedule, this agenda item was submitted without the vendor's name or cost. This information was provided when the bids were opened on November 30, 1993.
Ream Wilson, Parks and Recreation Director, apologized for the limited nature and lateness of the information provided. He stated this is the time frame requested by the Phillies in
order to meet the Spring Training Opening. He stated the existing pressbox is from the 1950's and needs to be replaced as it is too small and the old unisex bathrooms do not meet requirements.
He indicated the pressbox is not air conditioned. He stated the bids came in at a higher cost than anticipated due to the tight time frame and the work being more difficult than had
been anticipated. Access to the project will be done by crane and scaffolding which will be very labor intensive with hand carried materials.
He stated the bid was advertised on the November 4, 1993 and opened on November 30. A mandatory meeting of the bidders was held on November 23 in order for bidders to better understand
the scope of work. He stated the recommendation is to award the contract at the bid amount of $318,629 and to direct Staff to process a change order to deduct certain items which would
reduce the price to $254,446. He stated he has talked to John Timberlake, the representative of the Phillies, and the owner's box is important to the Phillies but can be deleted at
this time. The Phillies may decide to add it back on and will pay for that cost should they make that decision.
He stated there are 70 to 75 days allowed for the construction to take place. The necessity for an elevator was considered but they are not recommending it at this time due to the
20% rule for ADA. He stated he could not guarantee the elevator would not be required in the future. Mayor Garvey expressed concerns regarding the work being difficult and not being
finished in time for Spring Training. Mr. Wilson indicated he had discussed this with the Phillies but that the existing pressbox was so bad they wanted to move forward. He stated
the contractor feels he will be able to complete the job in time. Mr. Wilson indicated there will be more press representation than previously due to the Phillies' participation in
the World Series this year.
Commissioner Thomas questioned if the Phillies were willing to take the risk of the work being unfinished. Mr. Wilson indicated they were but he could call and verify this fact.
Commissioner Thomas moved to award a contract to renovate the pressbox at Jack Russell Stadium to Oakhurst Construction for the sum of $318,629 which is the lowest, most responsive
bid submitted in accord with the plans and specifications and to instruct Staff to immediately prepare a change order to reduce the City's cost to $254,446 by deleting the owner's box,
unless desired and funded by the Phillies, and removing the specified interior subroof panels and changing siding panels and other miscellaneous changes; with funding of $110,000 currently
available in the project and $144,446 to be transferred from unallocated infrastructure tax at first quarter and that appropriate officials be authorized to execute the same. The motion
was duly seconded.
Commissioner Berfield questioned whether or not the contractor had said they could complete the work in time. Mr. Wilson reported they had indicated they could. Commissioner Berfield
questioned if there was a clause that would hold them to this. Jay Myers, of Myers, Plisko, and Ott Architects, the designers of the project, stated the penalty clause in the contract
states the contractor will lose $350 a day for any time over a 60-day period. Mr. Myers indicated that while the work may not be completely finished, if they are complete to a point
where a Certificate of Occupancy can be obtained, this will be satisfactory. Commissioner Berfield requested that Staff assure that the Phillies agree.
Mr. Wilson indicated they also need to get an answer regarding whether or not the Phillies want to add and pay for the owner's box. Commissioner Thomas indicated his motion was contingent
on the Phillies accepting the risk of the unfinished status of the project. Upon the vote being taken, the motion carried unanimously.
ITEM #35 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #36 - First Reading Ordinances
a) Ord. #5494-93 - Relating to appointive boards and committees, repealing Secs. 2.431 & 2.432 re: establishment of firefighters relief and pension fund established in 1939 which no
longer exists, and a board of trustees for such fund
The City Attorney presented Ordinance #5494-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5494-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) Ord. #5510-93 - Relating to the Downtown Development Board; amending Sections 2.141, 2.143, and 2.147 through 2.150; repealing Section 2.154
The City Attorney presented Ordinance #5510-93 for first reading and read it by title only.
Mayor Garvey stated the Ordinance had been brought to the DDB Tuesday night and they had no chance to review. She indicated she also had other concerns. Commissioner Thomas indicated
he felt that Section 2.147 Subparagraph 4 regarding who should be allowed to serve on the board should be limited to property owners. The Mayor stated she would like to have input from
the DDB.
Commissioner Thomas indicated his second concern was to do with how the DDB's funds are spent. He indicated he would like to see a provision in the Ordinance that no more that 20%
of the DDB's funds can be spent on salaries, expenses of board members, or employees hired or contracted out.
Commissioner Deegan indicated he and DDB Chairperson Phil Henderson had compiled the Ordinance. He stated Mr. Henderson had indicated not wanting to change those rules to require board
members to be property owners, as three members currently on the board and two candidates currently running would then be ineligible.
Commissioner Thomas indicated he understood there would be strong objections from those members that would be removed from the board but he felt the members should come from the body
generating the taxes. Commissioner Deegan said not only people paying taxes generate funds but businesses also help generate dollars in the downtown area. Commissioner Thomas indicated
he would not object to a business owner being on the board but not an employee.
Commissioner Deegan indicated members of the DDB were invited to call if they had concerns regarding the Ordinance. He indicated the reason he is asking the Ordinance to be passed
on First Reading today is so new members will have the Ordinance in place when they take office next month. He requested a Second Reading be advertised for December 16, 1993.
Mayor Garvey expressed concerns regarding Section 2.148 Subparagraph 2 and the phrase regarding fewer than a quorum compelling attendance of absent members. It was agreed that this
section would be amended to read, "four voting members of the board shall constitute a quorum for the transaction of business."
The Mayor expressed concerns regarding Section 2.149 Subparagraph 1 which states the board shall act as an aid to the City and the CRA. Commissioner Deegan indicated this goes back
to the policy and findings on the first page which states the DDB is to act as an aid in these things and that is why this terminology is used here. Mayor Garvey requested that Section
2.149 Subparagraph 4, regarding the board advising the trustees of the CRA on policies etc., be amended to include that the board would also advise the City.
Mayor Garvey expressed a concern regarding Section 2.149 Subparagraph 5 Subsection B regarding securing industrial revenue bonds. She questioned whether or not there were industrial
revenue bonds available. Commissioner Deegan indicated there were.
Mayor Garvey expressed concerns regarding the specificity of activities the board is to undertake included in Section 2.149 Subparagraph 5. She questioned whether or not this should
be stated in policy and not in the Ordinance. Commissioner Deegan indicated it was due to the old code not being specific enough that these are here. He indicated it does say that
it is not limited to these tasks but it was felt it needed to be clearly defined as to in what activities the DDB would be engaged. He stated this would strengthen the role of the DDB.
Mayor Garvey questioned if in Section 2.149 Subparagraph 7 Subsection E, the term "business" should be added to promoting the district as a tourist destination. There was not a consensus
to do this. Mayor Garvey referenced Section 2.149 Subparagraph 8 requesting that it be amended to add the CRA as being able to assign tasks to the Board. Commissioner Deegan indicated
that DDB is very careful regarding its relationship with the CRA and is somewhat leery of that agency. He felt they should be asked to undertake certain tasks.
The City Attorney indicated the word "shall" in an ordinance is mandatory. It was suggested it be changed to "request to undertake." Commissioner Thomas stated he felt there was nothing
wrong with the Section. Mayor Garvey expressed concerns regarding the word "shall" and "assign." It was the consensus to change Subsection 8 to read "the board may carry on such additional
lawful projects and undertakings related to the downtown area as the City Commission or trustees of the CRA may request."
Mayor Garvey questioned why Section 2.150 Subsection 8 regarding the issuance and sale of Revenue Certificates had been deleted. Commissioner Deegan indicated this was an anachronistic
function.
Commissioner Thomas again brought up his request that only 20% of the gross revenues be spent on salaries, contracted or hired. Commissioner Deegan indicated he could honestly say
that the DDB is very aware of the concerns and will be very cautious of its expenditures in the future. Commissioner Thomas felt it was correct for the City Commission to set requirements
of the expenditure of the funds. Commissioner Fitzgerald felt this was over restrictive and stated they are aware of the problem but they should have certain latitudes.
Commissioner Thomas stated he felt there had been sloppiness in how the revenues had been spent. He said if the DDB were made up of business and property owners, they would be more
fiscally responsible.
Commissioner Fitzgerald indicated he had one major problem with the entire Ordinance and that is that the DDB has not had an opportunity to express their opinions. Mayor Garvey suggested
delaying action on the Ordinance.
Commissioner Thomas moved to amend Section 2.147 Subparagraph 4 in the first paragraph to read "to qualify for service and remain qualified, a board member shall have his or her principal
place of business ownership in downtown or shall own property in downtown Clearwater. The motion was duly seconded.
The Mayor indicated she was against the amendment and would like the DDB to have input. Commissioner Fitzgerald agreed. Commissioner Thomas indicated members of the DDB would object
if they do not own a business or property downtown. Commissioner
Fitzgerald expressed concerns regarding the rush to have the Ordinance in place prior to the new board members taking office. Commissioner Deegan indicated this was because it would
take them several months before they understood the workings of the board. Mayor Garvey felt the new restrictions should have been known prior to individuals running for the DDB and
again requested a delay. Commissioner Deegan expressed concerns regarding additional time needed for the Ordinance and indicated he had tried to work closely with the DDB and felt that
passage of this Ordinance should not be delayed.
Upon the vote being taken Commissioners Berfield, Deegan, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
Commissioner Thomas moved to amend Section 2.148 Subparagraph 2 to delete the phrase in the first sentence "but fewer than a quorum may adjourn from time to time and may compel the
attendance of absent members." The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to amend Section 2.149 Subparagraph 4 to add "City and the" in between "the" and "trustees" in the first line. The motion was duly seconded and carried unanimously.
Commissioner Thomas pointed out a typographical error in Section 2.149 Subparagraph 7e; "promoted" should be "promoting."
Commissioner Thomas moved to amend Section 2.149 Subparagraph 8 to read "the board may carry on such additional lawful projects and undertakings related to the downtown area as the
City Commission or Trustees of the CRA may request." The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to pass Ordinance #5510-93 as amended on First Reading. The motion was duly seconded.
Commissioner Fitzgerald expressed concern that there should be an opportunity to make sure that the Downtown Development Board has an opportunity for input. Mayor Garvey agreed.
Upon role call vote:
"Ayes": Berfield, Deegan, and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
Commissioner Berfield suggested a clean copy be prepared and delivered to DDB members.
c) Ord. #5513-93 - Relating to the LDC; amending Section 35.11 to define "CHURCH" and "SCHOOL"; amending Sections 41.081 & 41.091 to revise information required to be provided by applicants
for conditional use approval for alcoholic beverage establishments prohibiting alcoholic beverage establishments within ___ feet of a church or school.
Commissioner Thomas expressed his desire to exempt the property known as the "Bluff" from the separation from churches and schools. Mayor Garvey stated she was appalled at the plan
for the bluff which included an entertainment / convention center and
a hotel. Commissioner Thomas indicated he was only promoting the entertainment and convention center and a hotel would be way at the end of the stream. Mayor Garvey expressed concerns
regarding the City exempting itself from the requirements. Commissioner Thomas indicated the City is responsible for the redevelopment of the City. Scott Shuford, Central Permitting
Director, indicated the Commission had provided direction as part of the alcoholic beverage rewrite to exempt the urban center and this could be done for specific subdistricts.
The City Attorney stated a motion to amend could add to subparagraph D on page 3 to read "the property located between Cleveland and Drew Street from Osceola to the water are exempt
from separation requirements in Section 41.091 Subparagraph 1. Commissioner Thomas wished to make that motion. Commissioner Berfield said she would rather have this tied to them having
to apply for a variance. Mr. Shuford indicated that if the amendment was to exempt the urban core bayfront, it would include the property which has been referenced. Commissioner Thomas
indicated there would be no convention center / entertainment complex without alcoholic beverages. Commissioner Deegan stated he would prefer the exemptions Mr. Shuford had referenced.
Commissioner Berfield questioned whether or not they would have to go to a board. Mr. Shuford indicated it would still require conditional use approved from the Planning and Zoning
Board.
Commissioner Deegan moved to amend page 3 to add a "d" to read "establishments located in the three urban core districts are exempt from the separation requirements." The motion was
duly seconded.
Commissioner Fitzgerald questioned if this would be all three districts. Commissioner Deegan indicated it would.
Upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan and Thomas voted "Aye." Mayor Garvey voted "Nay." Motion carried.
Commissioner Thomas recommended making the separation requirement 500-feet. Commissioner Berfield supported this suggestion. Commissioner Fitzgerald questioned the impact citywide.
Commissioner Deegan indicated establishments would be grandfathered. Commissioner Fitzgerald indicated that change of ownership would still be impacted. Commissioner Deegan questioned
the impact of a change of ownership and said this should be made clear.
The City Attorney indicated that grandfathering current establishments would not be affected by change of ownership, however, grandfathered establishments could not expand. It
was stated this is an issue that needs to be addressed. Commissioner Deegan pointed out there were six cases this evening, all approved. He stated there needed to be a review of the
Ordinance regarding the need for a variance or conditional use for every expansion. Commissioner Fitzgerald requested information regarding the impact of the 500-foot separation citywide.
Commissioner Thomas moved to amend the Ordinance to include a 500-foot separation. The motion was duly seconded.
It stated the citywide impact would be provided to the Commission prior to the Second Reading.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
The City Attorney presented Ordinance #5513-93 for first reading as amended and read it by title only. Commissioner Thomas moved to pass Ordinance #5513-93 as amended on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan, and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
ITEM #37 - Resolutions
a) Res. #93-73 - Demolition lien on 1405 Roosevelt Street
The City Attorney presented Resolution #93-73 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-73 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) (Cont. from 11/29/93) Res. #93-75 - Amending the rules of procedure of the City Commission
Commissioner Thomas indicated he had two other things he wished to add to the rules resolution. He requested in the months of July and December, City Commission meetings be held only
during one week to allow Commission Members to plan personal and business travel. Mayor Garvey expressed concerns regarding automatically eliminating certain meetings when she felt
they could be changed if needed. It was suggested that Rule 5 be amended to make exceptions to the twice a month meetings for July and December. It was stated it would be better to
make the non meeting times coincide with holidays.
Commissioner Deegan moved to amend Rule 5 to add "except the Commission will not meet during the first week of July or the third week of December." The motion was duly seconded. Upon
the vote being taken, Commissioners Fitzgerald, Berfield, Deegan, and Thomas voted "Aye." Mayor Garvey voted "Nay." Motion carried.
It was requested that Subparagraph 3 under Rule 5 be clarified by ending the first sentence after the word "agenda" deleting the word "and" and capitalizing "additional" as the first
word in the next sentence.
Commissioner Thomas referred to Rule 10 referencing "Citizens to be Heard" and wanting the opportunity to have a 30 minute limit on this section at the beginning of the meeting. Commissioner
Deegan requested that the Resolution be passed as is, as the City Clerk is to bring forward a proposal to accommodate Commissioner Thomas' request.
Mayor Garvey questioned the time limitation of 15 minutes for variance applications feeling it may be too short. Commissioner Thomas indicated the last line which allows all time limits
to be extended by the Commission would alleviate that problem.
A question was raised regarding whether or not there would be provisions for Citizens to be Heard at the daytime meeting similar to the evening meeting. Commissioner Deegan requested
this wait until the Clerk's proposal is submitted.
Mayor Garvey questioned under Rule 16 where it was required for materials produced by the Commission to be provided. The City Attorney indicated this is covered by Rule 17.
The City Attorney presented Resolution #93-75 as amended and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-75 as amended and authorize the appropriate
officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
c) Res. #93-77 - Designating a tract of land located within the intersection of Clearwater Pass Avenue and South Gulfview Boulevard, designated as a "Park" on the plat of Bayside Shores
Subdivision as public road right-of-way
The City Attorney presented Resolution #93-77 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-77 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #38 - Other City Attorney Items - None.
ITEM #39 - City Manager Verbal Reports - None.
ITEM #40 - Commission Discussion Items
Note: a through h are Cont. from 11/29/93
a) Walgreens rezoning at Morritt Center - Hercules & Gulf-to-Bay
Commissioner Thomas has expressed concern that there is confusion between what the Planning and Zoning Board believes they have the right to address and the responsibilities they have.
Mr. Shuford indicated the Walgreens' alcoholic beverage conditional use was a difficult case for the Planning and Zoning Board due to the concern regarding its proximity to the school.
There were no other problems with the site plan. He stated this is one of the driving points for the alcoholic beverage code revisions. Commissioner Thomas said a letter from Mr.
Shuford to City Manager Michael Wright stated the board could address the compatibility with surrounding uses and could still deny it and then send it on to the Commission. Mr. Shuford
indicated if conditional use is denied it would not come to the Commission. The City Attorney pointed out the problem with the Ordinance is, if there is nothing wrong with the proposal
other than the distance, the Commission would have to address the distance issue. He stated this is proposed to be changed in the alcoholic beverage code rewrite.
b) McMullen Booth Road/Marlo Boulevard
Residents of Shady Oak Farms subdivision whose only access point is Marlo Boulevard off of McMullen Booth Road have requested a provision for a second access, a traffic signal or some
method of allowing them more ease of access from their subdivision. Commissioner Thomas stated he feels there are serious safety concerns in this and felt the City has the right, with
an interlocal agreement with Safety Harbor, to put a traffic light at this intersection. He felt that in the interim, a police officer should be placed at the intersection for the two
hours of peak traffic during the morning and afternoon. Commissioner Fitzgerald stated he recognized the difficulty, however, he felt it would be creating a bigger problem as the movement
of traffic on McMullen Booth Road would then be detrimentally affected. He stated Traffic Engineering had done several studies on the time it takes to exit and it has not been excessive.
He stated the County has done these studies as well. He stated he is as concerned as Commissioner Thomas but is not in favor of a police officer being placed at this intersection as
it would simply be another traffic hazard. He stated the traffic light is not warranted and this would be setting a precedent. He stated the real solution is to extend Landmark Drive
and he felt the problem would be resolved when the widening of McMullen Booth Road is completed.
Commissioner Thomas expressed concern regarding someone being killed at this intersection. He also reported on hearing that the residents meet to discuss strategies of getting out,
such as looking at the age of the car, the driver, and then judging the risk of entering the roadway. Commissioner Fitzgerald felt there were other instances in the City
where this also occurs. Peter Yauch, Traffic Engineer, indicated the city limits of Clearwater go to the center of McMullen Booth Road. He stated the County owns the other half of
the road and they will not install a traffic light. There was no consensus to place a police officer at this intersection.
c) Phillies Celebration
Commissioner Thomas had requested the City consider a celebration for the Philadelphia Phillies when they return for Spring Training. Terry Schmidt of the Parks and Recreation Department
indicated he was liaison between the Chamber and other organizations in trying to pull everybody together for this celebration. There was a meeting yesterday. He stated that the Phillies
players cannot be forced to attend the celebration.
Bill Giles, owner, has requested there be no parade as this should be reserved for the winners of the World Series. An event is being planned at Station Square Park to be held the
week prior to the opening game on March 4, 1994. He reviewed the schedule of the program and stated the event will also include a free hot dog, soft drink, and souvenir for everybody
in attendance. The park will be decorated in Phillies colors using balloons and other props. He stated a budget of $3,400 would be required for the event. He indicated the Phillies
would also like to have banners on the streets welcoming the Phillies back to Clearwater. He stated options were to make banners that could be used for several years or ones specific
to this year.
Commissioner Thomas suggested selling the banners after the event and using the proceeds for next year's banners. He also suggested getting the Phillies to sign a card which could
be silk screened onto the banners. Mr. Schmidt indicated he would investigate this. Commissioner Berfield felt the banners would be more valuable if signed individually. Commissioner
Thomas requested the entire City be included in the event through the merchants. He stated this would be "Phillies Week" and would be a total community event. Mr. Schmidt indicated
he would get with all of the people involved to see what he could pull together.
Commissioner Thomas questioned if there was a motion to accept. Mayor Garvey indicated that a more formal agenda item should come back for approval. The Deputy City Manager indicated
that, with this consensus, the item would be brought back on an agenda. Mr. Schmidt indicated he would try to obtain donations. He said what he has presented so far is just the ground
work, generated from input by the Phillies and others.
d) Parks & Recreation - Fred Fisher
Commissioner Thomas indicated he had approached Fred Fisher regarding providing services to the City. He stated Mr. Fisher would like to serve the City. Commissioner Thomas is recommending
Mr. Fisher be hired for one dollar a year as an outside consultant for the Parks and Recreation Department. Mr. Fisher has stated he would do this only if he was asked by the City Manager,
not the City Commission. Commissioner Thomas requested the Commission direct the City Manager to discuss this possibility with Mr. Fisher. Commissioner Berfield indicated she had no
problem with Mr. Wright meeting with Mr Fisher but it would be up to the City Manager to make the decision.
Mayor Garvey stated she was impressed with the Parks and Recreation Department and that it was the "tightest run ship" of any department. She did not find it necessary to have an outside
consultant. It was the consensus that the City Manager could decide whether or not he wished to talk to Mr. Fisher regarding this topic.
e) Policy Review - Parks & Recreation impact fees
Commissioner Thomas requested there be a review of the policy that the Parks and Recreation Director makes the decision regarding whether to take monies instead of land for Parks Impact.
He referenced the ZOM Development as an example where the Parks and Recreation Director recommended money in lieu of land. Commissioner Thomas suggested it would have been preferable
to require land, because it could have been used for a small park in that area. He felt this decision should be left to the City Commission.
Mayor Garvey indicated there are standards and criteria used when making this decision and it was not an arbitrary one. Commissioner Fitzgerald stated the Parks and Recreation Director
had done his job even though his decision did not agree with Commissioner Thomas's point of view. Commissioner Fitzgerald felt the correct decision had been made. Commissioner Thomas
expressed concern that the decision was made for the Commission by the Parks and Recreation Department.
Commissioner Thomas moved that the City Commission make the decision for development in Clearwater whether to take land or money for Parks Impact. Commissioner Berfield requested the
motion be amended that the Commission would be provided a recommendation. Commissioner Thomas stated the Staff would make the recommendation but the Commission would make the final
decision. The motion was duly seconded.
Commissioner Deegan stated he agreed with the concept. Mayor Garvey felt the new policy was unnecessary as the policy had worked well in the past.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
f) Poor street signs/illegible numbering on businesses (T)
Commissioner Thomas referenced the proposal submitted by businesses involved in government requiring there be better signs for streets and numbering of houses. He requested that staff
be directed to come back with requirements for legible street numbers on homes. It was indicated that this has been referred to the Code Enforcement Review Task Force.
Commissioner Deegan questioned the status of the report from the Task Force. Ms. Rice indicated she had seen it today.
g) Charter Review Committee
The Commission has agreed that each City Commission member is to appoint two members to the Charter Review Committee. A question had been raised regarding whether or not any specific
direction or charge was to be given to the committee. Commissioner Thomas
indicated he planned to give specific instructions to the people he appoints. It was the consensus that there was not going to be specific direction from the Commission as a body but
rather Commissioners would talk privately to their appointees. Commissioner Deegan requested that it be agreed when appointment would be scheduled. The consensus was to schedule
this for January 20, 1994.
Commissioner Deegan made a motion to continue the meeting until the agenda was completed. The motion was duly seconded and carried unanimously.
h) Abandoned and Boarded Up Buildings (T)
Commissioner Thomas has requested a report on how the City will implement the program recently adopted in an ordinance to remove abandoned and boarded up structures. Ms. Rice indicated
the City has developed a draft procedure and has a list of 93 sites that is being prioritized. She stated a report will be given to the City Commission at the next meeting.
Commissioner Deegan questioned the status of the Ice House. Mr. Shuford indicated a letter had been sent to them today denying an extension of time.
ITEM #41 - Other Commission Action
Commissioner Deegan questioned the status of the property needed from the Baptist Church for the City Hall project. Ms. Rice indicated she has requested a meeting but it has not been
scheduled yet as Pastor Anderson is on vacation.
Commissioner Deegan questioned when work would begin on Cleveland Street. Peter Yauch, Traffic Engineer, indicated plans are being prepared and should be out to the Department of Transportation
next week for permitting. Commissioner Deegan questioned when actual activity would begin and Mr. Yauch indicated after D.O.T. approval. Concerns were expressed that it was felt D.O.T.
approval had already been received. Mr. Yauch indicated they had approved the conceptual plan and they now required details in order to get the actual permits. Concern was expressed
that the Commission had been informed earlier that work would start by now and there was some concern that there is something wrong with communications between the Commission and Staff.
Ms. Rice stated she would get a definite process and time frame to the Commission. She stated this was a miscommunication and would make sure it did not happen again.
Commissioner Deegan questioned the status of the hiring of a secretary for the City Commission. Ms. Rice indicated the Commission had requested they go back out and readvertise and
she would provide the status to the Commission tomorrow.
Commissioner Deegan questioned if anyone knew the status of the City Manager. Ms. Rice indicated Mr. Wright was travelling to South Florida to negotiate a contract and has not resigned.
She said once his negotiations are final, he will be communicating with the City Commission. Commissioner Thomas expressed concerns that Mr. Wright had called Commissioner Fitzgerald
but no other Commissioner. He felt this was not a good way to do business.
Commissioner Deegan stated he did not feel anything improper had been done and Mr. Wright will follow what's in his contract. He only asked if anyone knew any more information than
had already been obtained.
Commissioner Fitzgerald announced that at the Mayors' Council, Fred Petty, tax collector, had announced his office would no longer charge the City for collection of taxes. This should
save the City of Clearwater approximately $49,000 a year. He stated that at the Suncoast League, the cities were asked to continue to support the annexation issue and to oppose the
FEMA legislation.
Commissioner Deegan indicated he had heard from representatives in Washington D.C. that they are waiting to hear from the State of Florida and nothing has been sent from the Governor
regarding FEMA legislation. The City Commission directed the Deputy City Manager to prepare a letter to the Governor and other legislators regarding this bill. It was also suggested
the Florida League of Cities be contacted to use their network.
Commissioner Thomas requested a policy review regarding not allowing City employees or equipment to be used in infomercials. Ms. Rice indicated the infomercial would have been sold
and would have generated revenues to the individual
producing it. Commissioner Thomas felt if it gave a positive report of Clearwater, it would not be a problem. Ms. Rice indicated there had been problems in the past and she would prepare
a position paper.
Commissioner Thomas reported on a letter sent to the Mayor from County Commissioner Rainey stating the TDC will require a study be conducted that is site specific for the Maas Brothers
property regarding its feasibility for a convention center. He requested the Commission direct the City Manager to negotiate costs to update the study.
Commissioner Thomas moved to direct the City Manager to negotiate with Hammer, Siler, and George a cost for updating the study for a convention center so that it is site specific to
Maas Brothers. The motion was duly seconded.
Commissioner Berfield expressed concern regarding limiting the negotiation to one company. Ms. Rice indicated this would be impractical to bid as Hammer, Siler, George had done the
previous study that is to be updated. Commissioner Fitzgerald emphasized this is just asking for a cost to be negotiated. That cost will be brought back to the City Commission for
discussion and action. Upon the vote being taken, the motion carried unanimously.
Mayor Garvey announced Holiday Tradition Day to be held on December 4, 1993.
ITEM #42 - Adjournment
The meeting adjourned at 12:35 a.m. (December 3, 1993).