06/03/1993 CITY COMMISSION MEETING
June 3, 1993
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 3, 1993 at 6:03 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:
Michael J. Wright City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
James Polatty, Jr. Planning and Development Director
Cynthia E. Goudeau City Clerk
Mary K. Diana Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Public Works Director, William C. Baker.
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
Proclamation:
Safe Boating Week - June 6-12, 1993.
ITEM #5 - Presentations - none.
ITEM #6 - Minutes of the Regular Meeting of May 20, 1993 and Special Meeting of March 25, 1993
Commissioner Fitzgerald moved to approve the minutes of the regular meeting of May 20, 1993, and special meeting of March 25, 1993, as recorded and submitted in written summation by
the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Bob Wright, President of Clearwater Coalition of Homeowners, requested an update on the Coalition's request regarding the Commission asking the City lobbyist to oppose the increase
in incorporation fees. It was indicated the Commission had requested additional information prior to providing direction to staff.
Lois Martin requested something be done regarding the siltation in Stevenson's Creek. The City Manager said staff and the engineering consultants have met with those homeowners that
will be affected by Phase 2 of the Stevenson Creek Project. He said there will be a formal recommendation and presentation in July.
Frank Barlow complained regarding his son getting a parking ticket on the Beach; signs not being visible due to faded paint and non response of Public Works to his request for fixing
of a sidewalk on which his wife fell.
Ollie Davis requested there be more police in the N. Greenwood area, 24 hours a day.
William Amador spoke to Commissioner Thomas regarding his inability to get a disability pass for the PSTA bus.
Barbara Green supported having more police in the N. Greenwood area particularly now that school will be out.
Paul Polgar spoke in opposition to rerouting S.R. 60. He requested a solution be sought that would allow adequate parking for the Downtown core but not reduce traffic on Cleveland
Street east of Myrtle Avenue.
Dorothy Pettis requested funding for the Greenwood Panthers Football Team and submitted their proposed 1993 budget.
Jasper Campbell requested the Magnolia Street and Turner Street docks be replaced.
Ted Tsafatinos complained that people are unable to stop in Downtown. He did not oppose the same traffic being maintained east on Cleveland Street but felt a new system was needed
for the downtown core.
John Barlow stated he was in a loading zone on the beach longer than thirty minutes and got a parking ticket although his truck was marked as appliance repair. He stated businesses
on the beach are getting hurt. He complained regarding sign regulations.
Joe Evich requested the Commission consider adopting a resolution to send to the City lobbyist to take action regarding the increase in incorporation fees.
Robert Clarke complained that because he had "blown the whistle" regarding faulty wiring at an apartment complex he had been evicted. He questioned if he could not be protected why
should he pay taxes.
David Lurie spoke in support of parking on Cleveland Street. He suggested the County take over the parking garages and their current parking be used by Downtown.
Racquel Egosi spoke in favor of parking on Cleveland Street.
Steve Saliga gave a "pat on the back" to the captain of the Dixie Queen for lowering his mast and antenna in order not to require the bridge to open. He requested something be done
regarding sailboat masts.
Patrick Mavekanis complained regarding there being no parking on Cleveland Street
Mike Frangedias, Scot Suits, Tom Powers, Jim Fowler, Jean Montana, Abraham Ovaknan, and Sam Ibrahim spoke in opposition to the recent emphasis on enforcing the code prohibiting outdoor
displays on the beach. Commissioner Thomas asked the businesses to meet with him at 7:30 a.m. on June 11 at the Memorial Civic Center.
ITEM #8 - Reject PPC's alternative amendment to a future land use plan of Residential/Office General for part of Sec. 21-29-15, M&B 21.03, 1234 Druid Rd. (former Siple Restaurant); Res.
#93-33 - requesting the City's original request to amend the countywide future land use plan to Institutional be forwarded to the CPA for their approval (Morton Plant Hospital Assoc.
Inc. LUP92-22; Z92-13)(PLD)
This item is being reconsidered in order to respond to the Pinellas Planning Council (PPC) regarding their recommended alternative amendment to the countywide future land use plan of
residential/office general instead of institutional as requested by the City. In December 1992, both the Commission and the Planning and Zoning Board approved the institutional classification.
The PPC denied the City's request for this classification and approved an alternative classification of residential/office general.
On April 21, 1993 the PPC, by a vote of five to six, failed to approve a request to amend the countywide future land use plan to reclassify the former Siple Restaurant site as institutional.
The PPC then voted, by a vote of ten to one, to approve the alternative PPC staff recommendation of residential/office general.
On April 27, 1993, the City received notification from the PPC that the Council had denied the requested amendment to institutional and had proposed their alternative. According to
the Countywide Rules, the City has 45 days in which to accept or reject the proposed alternative, or to withdraw its request. If the City rejects the PPC's alternative, the City's original
request for an amendment to institutional will go forward to the Countywide Planning Authority (CPA - County Commission) for their consideration.
Staff from the Planning and Development Department have discussed the issue with the applicant. The applicant would prefer to have the Commission reject the proposed alternative of
the PPC and have the matter go before the CPA as the original request despite the PPC recommendation for denial.
Staff recommends following the applicant's request because: 1) the adaptive reuse of the Siples property is important for both Morton Plant Hospital and the City; 2) the institutional
classification is the preferred plan classification for this property since the use is clearly hospital in nature; 3) hospital uses are only permitted in the institutional classification;
4) no complicating code interpretations are made which would allow expansion of other hospital operations into areas not specifically zoned for hospitals; and 5) extra control over site
design is not needed to protect adjoining properties due to private deed restrictions limiting structure height and setback that the hospital has negotiated with surrounding residential
property owners.
James Polatty, Planning & Development Director, reviewed the request stating staff is recommending the Institutional classification because the hospital plans to utilize the Siple's
property for a variety of hospital uses.
He discussed the PPC's alternative recommendation of R/G/O which allows the personnel offices on the Siple's property. A hospital use is only allowed in the P/SP (Public/Semi-Public)
zoning district and in the institutional land use classification. He felt the danger in splitting the two would allow component parts of a hospital use to be considered separately for
zoning and planning purposes. He indicated the issue of intensity had been resolved through a deed restriction agreement and considered use to be the main issue.
Mark Marquardt, general counsel to Morton Plant Hospital, said the hospital wanted to use less than half of the property for personnel offices. He said the subject property has also
been used as a conference center. The property is currently zoned CTF-24 with a commercial land use plan category. Mr. Marquardt said the City has always wanted the hospital to be
in one zoning district which would be the P/SP zone with an Institutional land use. He felt those individuals who voted against the Institutional and in favor of the Residential/Office
General were concerned about the nature of the restrictions. He said the hospital has entered into deed restrictions with adjoining land owners restricting the floor area ratio (FAR)
to 0.3, limiting the height to 25 feet with a maximum height of 35 feet if underground parking is provided and providing a 40 foot setback on the southern part of the property. These
restrictions would be in effect for 52 years and Mr. Marquardt felt this would provide tremendous protection for the surrounding area. He said the Residential/Office General restricts
the uses to office; the hospital has a variety of uses. He said conference use is not allowed under the R/O/G and felt the hospital's conferences have been very beneficial to the community.
Mr. Marquardt found the impact of the hospital's current uses on the surrounding area to be minor.
In response to questions, Mr. Marquardt indicated a deed restriction agreement has been executed and is contingent upon obtaining an Institutional land use classification. He indicated
this agreement is more restrictive than the Institutional classification.
Commissioner Thomas asked what was the driving force to change the zoning when the agreement document was more restrictive and fairly compatible to Residential/Office. Mr. Marquardt
said hospital related uses could occur within the P/SP. Commissioner Thomas asked what medical uses are not being considered. Mr. Marquardt stated Morton Plant has a new rehabilitation
and nursing center, a new certificate of need for nursing beds at Bayview Gardens and said there is no intent to build a nursing home. The uses would be severely
limited by the size of building the property could accommodate. He said under the proposal from the PPC, the R/O/G would allow a 0.5 FAR.
Cedio Salterelli, Harbor Oaks Association President, spoke in opposition to the Institutional classification. He read a letter from the association stating the growth and expansion
of Morton Plant Hospital has had an adverse environmental impact on the historical site of Harbor Oaks. He said over 1,000 vehicles transverse their area daily and said spot zoning
would cause a disruptive effect on the neighborhood. He concurred with the Pinellas Planning and Tampa Bay Regional Planning Councils' recommendation of Residential/Office/General and
asked that the Commission follow this recommendation. He expressed concern in the possibility of Morton Plant Hospital transferring density to other areas.
Bob Wright, President of the Clearwater Coalition of Homeowners, expressed the Coalition's opposition to an Institutional land use classification indicating the Pinellas Planning Council
had unanimously recommended the Residential/Office/General classification which allows up to 0.5 FAR. Under the City code, Institutional would allow 1.0 FAR which could severely impact
Harbor Oaks and Willadell Subdivision in Belleair. He indicated Harbor Oaks and Willadell pay substantial taxes indicating the hospital pays none. He questioned why this issue was
being brought up again if the hospital is sincere in their intended use. He urged the Commission to accept the PPC's recommendation and indicated it was his understanding that conference
uses are allowed under the PPC's recommendation.
Kent Weibel, Mayor of Belleair, stated a number of residential properties in Belleair border the Morton Plant campus. He said the subject property specifically borders the Willadell
Subdivision. He said he wishes to communicate the concerns of Belleair for these single family residences bordering the campus. He indicated he was not opposed to the present or future
uses of a conference meeting center and/or a personnel office proposed by Morton Plant Hospital for the Siple's property. He expressed concern regarding intensity of development, setback,
height restrictions and buffering. Mr. Weibel felt the land use for the property should be compatible with the surrounding single family residential development to preserve the integrity
of the neighborhood. He felt the Willadell Subdivision should receive the same consideration as Harbor Oaks regarding development intensity. He said what happens on the Siple's property
could set a precedent for other Morton Plant properties. He asked that the PPC's recommendation be rejected and offered an alternative of Residential/Office Limited indicating the City
could make provisions under their code to assure that Morton Plant's usage was allowed. He said, ideally, he would like to see the deed restrictions in place; and if they did not prevail,
there would still be appropriate land use and zoning in place.
Joe Evich spoke in opposition to the Institutional classification; however, said Morton Plant Hospital has served the City and surrounding areas quite well. He said over the past few
years the hospital has increased its acreage from 4 acres to approximately 38 acres. Mr. Evich questioned the intended use of this property when it was purchased. He questioned if
the deed restriction agreement would be affected if those homeowners who signed it moved or died. He questioned why an agreement could not be made between the cities of Belleair and
Clearwater if the concern was restricting use. Mr. Evich said the hospital employs alot of people and the City benefits somewhat from the taxes they pay. He recommended if the PPC
proposal is not
acceptable, those parties involved should get together and try to work out a common agreement.
Robert Kern, spoke in opposition of the Institutional land use classification and supported the PPC's recommendation. He felt it would be difficult to enforce the deed restriction
agreement. He did not understand why the hospital was in favor of changing the land use classification on the Siple's property when they had other property available. Mr. Kern felt
there was an alternative reason behind this request. He said when Siples gave the property to the hospital, the hospital said they would not do anything with it for 10 years. He expressed
concern regarding the hospital transferring density to their other properties.
In response to a question, Mr. Polatty said the hospital could transfer density to other properties.
Tim Mariani, attorney, said he was representing 9 of 14 property owners of Willadell Subdivision directly impacted by the request. He said nothing has changed in the past 3-4 months
since he last appeared before the Commission. He said he has been successful in negotiating restrictions on the intensity of development on the Siple's property. Mr. Mariani said he
is sympathetic to the Harbor Oaks residents and other neighborhoods of Belleair. He said the residents of Willadell have been great supporters of the hospital and have no objection
to their uses; however, object to a FAR of 1.0, a height of 50 feet and other unsuitable aspects that are permitted under the Institutional classification. He said the hospital has
agreed to a 70% reduction in the FAR and a 50% reduction in the height and a 40 foot setback. He said his clients support the hospital's application for the Institutional classification
in exchange for the deed restrictions which will survive for 52 years. Mr. Mariani said the alternative recommendation of the PPC calls for a land use designation of Residential/Office/General
which his clients find unacceptable due to it allowing a maximum FAR of 0.5 and does not address height restrictions. Concern has been expressed by the residents in being able to sell
their property due to the fear of high rise development next door. He said as long as this issue remains unanswered, property values will continue to decrease. He requested letting
the Countywide Planning Authority make the determination as to whose recommendation is best.
Commissioner Deegan questioned whether there were other concessions the residents were asking for in addition to the deed restrictions. Mr. Mariani said the only issue subject to debate
was the duration of the restrictions. In response to a question, Mr. Marquardt said there was a good deal of discussion by the Board of Trustees of the hospital whether they should
restrict the property into the future. He said the 52 year term was a negotiated figure.
Commissioner Deegan questioned if remarks made by the opposition regarding the hospital not intending to use the subject property only as it is presently being used were correct. Mr.
Marquardt said this was not the hospital's intent. He said what had been said was that there was no present intent to do anything different other than a conference center and a personnel
office. Mr. Marquardt said under the deed restrictions, the old building cannot remain if a new one is built.
Commissioner Deegan asked if the homeowners had discussed what other uses the hospital would be making and Mr. Mariani said they did not attempt to negotiate any restrictions
on the use. Commissioner Deegan questioned if the Institutional land use goes through, are the homeowners willing to accept whatever use the hospital puts on that building as long as
they are within the density restrictions. Mr. Mariana said this was correct.
Commissioner Deegan questioned when the hospital first acquired the Siple's property whether they considered putting in a diabetic clinic and Mr. Marquardt said only on a short time
basis while they were building such a facility on the main campus.
Mr. Marquardt said the deed restriction document would be binding on successors and assigns and runs as a covenant with the property.
Commissioner Thomas asked for clarification of Residential/Office Limited and asked if this type of zoning accurately reflects the deed restriction agreement. Mr. Marquardt said Mr.
Mariani's clients were concerned with height and excess floor area ratios.
Commissioner Thomas questioned whether Residential/Office Limited would give the Belleair residents what they had negotiated. Mr. Marquardt said the FAR for Public/Semi-Public is 0.65
under the Pinellas Planning Consistency Plan. In response to a question, Mr. Polatty said the City's code reflects a FAR of 1.0; however, the Pinellas Planning Council's rules supersede
and reflect a FAR of 0.65. He said Residential/Office Limited would allow a 0.3 FAR, a 25-foot building height but would not achieve what the residents are requesting. In response
to a question, Mr. Polatty said under Residential/Office Limited the side setback would be 10 feet and the rear 15 feet.
Mr. Mariani said a concern is the constant interplay between future county land use plans and City zoning. He said he believed there was litigation pending where it is being argued
if there is a more generous land use plan restriction than the City zoning, a private property owner can develop under the more generous regulation. He said there are inconsistencies
between the City code and county future land use plan. Mr. Mariani said the residents would rather rely on an enforceable contract between private parties than depend on the City and/or
County enforcing zoning ordinances which constantly change.
Mr. Salterelli referred to page 5 of the PPC agenda memorandum which reflects the description of the City of Clearwater Institutional category which allows hospital usage a maximum
of 1.0 FAR. Mr. Marquardt said the consistency plan only allows 0.65 and for the hospital to get 1.0 FAR the County Planning Authority would have to amend its plan.
The Mayor pointed out there has been discussion regarding the possibility of this happening.
Commissioner Thomas asked if Mr. Marquardt would agree to no transfer of density, and he responded he would not. Commissioner Thomas also asked if Mr. Marquardt would agree to no amendments
and to no early termination of the agreement without the consent of Clearwater and Belleair and that either city would have the standing to enforce the deed restrictions as if they were
a party to the restrictions. Mr. Marquardt said he did not have any problem with the City being a party; however, had been told consistently by the City and the County they do not
want to be parties to these type agreements. He said he would not have a problem with the City enforcing the agreement. The City Attorney responded he thinks the City would have the
standing if the parties involved agreed.
Commissioner Thomas said the real issue is the transferability of the subject property's construction rights onto other parcels of the Morton Plant campus. Mr. Marquardt said he was
not certain this was all of the parties' point of view and indicated the alternative of going back to commercial zoning. He said the hospital has been a good neighbor. He felt the
hospital was not the cause of the majority of traffic in the Harbor Oaks area and said the hospital is working on a traffic pattern. Mr. Marquardt said the Board of Trustees did not
want to detract from the neighborhood and felt the restrictions would benefit the community.
Dave Healey, Executive Director of Pinellas Planning Council, reviewed the
process and clarified the alternative scenarios. He said their proposal is an alternate put forth by members of the PPC for the Commission. It is the City's application at this point
for them to forward with their decision to the County Planning Authority. He said if the Commission accepts the recommendation, it goes forward with the PPC's recommendation for approval;
if rejected, the application for Institutional goes forward with the PPC's recommendation for denial. The County Planning Authority will then make a decision. He felt the key issues
are principal, public policy, jurisdiction and interpretation. He felt the City should not set a precedent by relying on private deed restrictions with homeowners to establish and enforce
its public policy as to the most appropriate use of the property. He said the request is jurisdictional in nature and it is appropriate for the PPC to take a part to balance the competing
interests.
Mr. Weibel requested a land use classification of R/OL (Residential/Office Limited).
Mr. Mariani expressed concern regarding the PPC's recommendation indicating the R/OG classification is more generous and the hospital could litigate to develop under that intensity.
Commissioner Deegan moved to reject the Pinellas Council's alternative amendment to the future land use plan of Residential/Office/General for the subject property and to request the
City's original request to amend the Countywide future land use plan to Institutional be forwarded to the Countywide Planning Authority for their approval. The motion was duly seconded.
Commissioner Berfield expressed concern regarding Morton Plant Hospital transferring density onto other properties. Mr. Polatty said the density transfer would have to be approved
by the Commission at a public hearing. She questioned on what grounds could the City deny the transfer of density and Mr. Polatty cited overdevelopment, adverse impact on neighborhoods,
and environmental statements as reasons. She expressed concern that more than one neighborhood could be adversely affected by the density transfer and said she would have no problem
if Morton Plant would agree to no transfer of density to their other properties. She said she would support Residential/Office Limited.
Mr. Healey pointed out if the request is changed in any way, it would have to be resubmitted to the PPC.
Mr. Polatty noted there are strict standards to follow when transferring development rights to protect wetlands, impacts on neighborhoods, etc.
Commissioner Thomas questioned what legal recourse the hospital would have if the request is approved tonight and they come back at a future date to request transfer of development
rights and are rejected by the City. The City Attorney indicated Morton Plant could present a good argument regarding the transfer if all their properties are considered as one lot.
Mr. Marquardt pointed out the hospital has never been in litigation with the City.
Commissioner Thomas stated that Morton Plant Hospital is one of the most successful enterprises in Clearwater and has tried to be a good neighbor; however, adjacent neighbors have still
been adversely impacted by the hospital's success. He said he would be pleased if the hospital would agree to no transfer of density. He said he has an obligation to protect the residents
and felt the decision he makes tonight will be a difficult one.
There was discussion regarding the cities of Clearwater and St. Petersburg pressing hard for a FAR of 1.0 under the Institutional classification as several institutions in these areas
have or exceed that ratio.
In response to a question, Mr. Polatty said the hospital's property consists of 2.83 acres and they would be allowed to transfer 40,000 square feet if the FAR is .65 and 80,000 if a
FAR of 1.0 is approved. A question was raised as to what would be allowed on the Jeffords property, and Mr. Polatty indicated if there is sufficient setback, a height of 80 feet would
be allowed; however, he felt this would be difficult to do.
Commissioner Deegan asked support for his motion. He felt the intent of the county to blend uses of various properties with overlapping jurisdictions, such as Belleair and Clearwater,
has been more than met by the agreement between the Willadell owners and the hospital. He said he understood why Mr. Marquardt could not agree to no transfer of density because it is
not known what the hospital will do in the future. He also said history has shown Morton Plant to be responsible.
The Mayor concurred.
There was discussion regarding churches having the land use classification of P/SP and having the right to request an Institutional land use classification. It was felt each case should
be decided on its own merits.
Upon the vote being taken, Commissioners Fitzgerald and Deegan and Mayor Garvey voted "aye;" and Commissioners Berfield and Thomas voted "nay." Motion
carried.
The City Attorney presented Resolution #93-33 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-33. The motion was duly seconded and upon roll
call, the vote was:
"Ayes": Fitzgerald, Deegan, Thomas and Garvey.
"Nays": Berfield.
Motion carried.
The meeting recessed from 8:59 p.m. to 9:12 p.m.
PUBLIC HEARINGS
ITEM #9 - Public Hearing - Vacating E 3' of westerly 7.5' drainage & utility easement for Morningside Estates Unit 3B, Lot 296 (Osorio V93-04)(PW)
The applicant has a pool structure which encroaches approximately 0.97 feet into the easement and the decking another 1.93 feet. The applicant is asking that the east 3.0 feet of the
platted easement be vacated.
General Telephone and Vision Cable have no objection to this request. Florida Power objects to vacating the east 3.0 feet because they would not have adequate area for their facilities.
Florida Power supports vacating the east 1.0 foot.
This request has been reviewed by the various City departments and divisions concerned with vacations. The City has no existing utilities within this easement. The Building Inspector's
office reports "the house was permitted and built in 1968 and the swimming pool was permitted and built in 1980". This pool was constructed prior to the recently instigated process
whereby impending encroachments are more readily discovered and precluded. The Engineering Division supports Florida Power's concern and objects to vacating the east 3.0 feet of the
easement. Engineering is requesting that only the east 1.0 foot be vacated. All other departments concerned have no objections.
The Public Works Director has reviewed the comments submitted by the reviewing departments and recommends vacation of the east 1.0 foot as proposed by the Engineering Division.
Commissioner Berfield moved to deny the applicant's request to vacate the east 3.0 feet of the westerly 7.5 foot drainage and utility easement and to approve the vacation of the east
1.0 foot for the subject property and for the City Attorney to prepare a vacation ordinance for the next Commission meeting. The motion was duly seconded and carried unanimously.
ITEM #10 - Public Hearing & First Reading Ord. #5391-93 - CG Zoning for property located at 1505 S. Ft. Harrison Ave., part of Sec. 21-29-15, M&B 44.07, approx. 2.42 acres (Stout Investments
Inc. Z93-05)(PLD)
The subject property is located at the southeast corner of Woodlawn Street and South Fort Harrison Avenue. The property has a City Future Land Use Classification of Commercial/Tourist
Facilities and a zoning of CR-24. The present Countywide Land Use
Classification for this property is Commercial General. Under the Consistency Program, City Resort Commercial districts will be assigned a Future Land Use Classification of Resort Facilities
High. The applicant wishes to have the wider range of commercial uses allowed under the General Commercial (CG) zoning classification.
At their meeting of May 18, 1993, the Planning and Zoning Board approved endorsing the proposed zoning atlas amendment to General Commercial to the Commission.
Mr. William Courtney indicated this is the only property in the area not designated commercial.
Commissioner Fitzgerald moved to approve General Commercial zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5391-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5391-93 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 - Public Hearing & First Reading Ords. #5389-93 & #5390-93 - Land Use Plan Amendment to Commercial General and CN Zoning for property located at 801, 803 & 805 Turner St., Magnolia
Park Sub., Blk 22, N 125' of Lots 1 & 2 and Lot 3, approx. 0.53 acres (Newport Oil Corp. LUP93-11, Z93-06)(PLD)
The subject property is located at the southeast corner of the intersection of Turner Street and South Myrtle Avenue. The applicant is requesting a zoning change to Neighborhood Commercial
to allow additional, nonresidential uses of the property. The application indicates that a personal service use (beauty salon/barber shop), an antique shop, and office building are
the proposed uses for the property. However, upon a change of zoning, any use allowed in the new zoning district would be permitted, such as indoor retail sales. The current zoning
allows only office type uses.
Diagonally across the intersection of Turner Avenue and Myrtle Street is the southeastern limit of the Urban Center/Core zoning district. About 350 feet to the west is the eastern
side of the South Expansion District of the Urban Center/Core District. This extends down to Druid Road, which runs two blocks south of the subject property.
At their meeting of May 18, 1993, the Planning and Zoning Board endorsed the proposed future land use plan amendment to Commercial/Tourist Facilities (General Commercial) and Neighborhood
Commercial (CN) zoning.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review will be needed.
Commissioner Berfield moved to approve a future land use plan amendment to Commercial/Tourist Facilities (Commercial General) and a zoning atlas amendment to Neighborhood Commercial
for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5389-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5389-93 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 #5390-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5390-93 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 #12 - Public Hearing & First Reading Ords. #5392-93, #5393-93, #5394-93, #5395-93, #5396-93 & #5397-93 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6
Zoning for property located at 2365 & 2371 Dora Dr., Rolling Heights Sub., Lots 10 & 11, approx. 0.48 acres (Barmore/Bruynell A93-07, LUP93-09)(PLD)
The subject properties are located on the south side of Dora Drive, approximately 2,270 feet east of Belcher Road and one street north of Drew Street. The applicants wish to annex
to obtain sewer service.
The lots meet all the requirements for RS-4 districts. Staff recommends RS-6 zoning as this is the zoning assigned to the adjacent lot (lot 9) and the two other lots in Rolling Heights
that are in the City.
At their meeting of May 18, 1993, the Planning and Zoning Board endorsed the proposed annexations, future land use plan amendments to low density residential (residential urban) and
zoning atlas amendments to RS-6.
Commissioner Berfield moved to approve annexation, a future land use plan amendment to low density residential (residential urban) and a zoning atlas amendment to RS-6 for the subject
properties. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5392-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5392-93 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 #5393-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5393-93 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 #5394-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5394-93 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 #5395-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5395-93 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 #5396-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5396-93 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 #5397-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5397-93 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 #13 - Variance to Sign Regulations for property located at 14 S. Ft. Harrison Ave., Sec. 16-29-15, John R. Davey's Resub., Blk B, Lots 8, 9, 10 & N 1/2 of 11 and 21, 22 & 23 (Pinellas
County Utilities Dept. SV93-12)(PLD)
The applicant is requesting a variance to permit a new freestanding sign in the Urban Center (Core) zoning district. Since this district does not permit freestanding signs, the regulations
do not specify any limits for height, area or setback. The proposed sign is 72 square feet in area, 6.3 feet in height and setback zero feet from the east property line and is located
in the planter that contains a perimeter landscape hedge. To place the sign in the proposed location, a section of the landscape hedge will have to be removed.
The subject property is located on the west side of South Ft. Harrison Avenue, approximately 130 feet south of the Cleveland Street/Ft. Harrison Avenue intersection.
The new sign ordinance is being uniformly applied to all signs in this zoning district. The proposed sign is to serve as an identification sign for the Pinellas County Utilities Building
addressed at 14 S. Ft. Harrison Avenue. The building is setback approximately 175 feet from that street. The existing perimeter landscaping and interior trees on site obscures the
attached signage from Ft. Harrison Avenue. Individuals not familiar with the location of the building are not able to find the building location from the given street address. The
ineffectiveness of attached building signs due to the setback and existing landscaping combine to create conditions that are unique to this property.
Although the particular physical surroundings create a hardship for this property, this request for a 72 square foot freestanding sign is not considered minimal. Property identification
can be achieved with a freestanding sign of less area. If the proposed sign is modified as recommended by staff, the variance will be the minimum necessary to overcome the hardship
of identifying the property from S. Ft. Harrison Avenue.
James Polatty, Planning & Development Director, reviewed the request and presented photographs of the existing sign.
Rick Bacon, architect representing the County, stated the County will comply with the recommended stipulations.
Commissioner Fitzgerald moved to approve a variance to permit a freestanding sign in the Urban Center (Core) zoning district for the subject property due to the request having met Section
45.24, Standards for Approval of the Land Development Code, items 1 through 8 subject to the following conditions: 1) The sign shall be limited to 32 square feet of total area; 2) The
sign shall be a maximum height of four feet as measured from the street grade; and 3) the requisite building permit shall be obtained within six months from the date of this public hearing.
The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Fitzgerald and Thomas and Mayor Garvey voted "aye;" Commissioner Deegan voted "nay." Motion carried.
ITEM #14 - (Cont. from 5/20/93) Public Hearing & First Reading Ord. #5399-93 - amending Sec. 42.24; to allow elevated air conditioning equipment, pool equipment and light mechanical
equipment and associated decking and structural components to be located in setback areas when required to be elevated for flood protection purposes; prohibiting such equipment and associated
supporting structural components within the clear space required for water front properties (LDCA 93-07)(PLD)
The Commission has recently adopted an emergency ordinance allowing air conditioning and mechanical equipment (and the decking and structural components associated with such equipment)
to be located inside setback areas provided through access is not obstructed.
The proposed ordinance will put the same requirement included in the emergency ordinance into the Land Development Code in a permanent fashion.
At their meeting of May 13, 1993 the Development Code Adjustment Board recommended approval.
At their meeting of May 18, 1993 the Planning and Zoning Board recommended approval subject to the setback penetration not being allowed in the clear space required for waterfront properties.
Per Commission direction, the proposed ordinance reflects the Board's recommendation.
James Polatty, Planning & Development Director, stated the restriction regarding the clear space does not apply to single family residences.
Commissioner Berfield moved to approve a Land Development Code Amendment to allow elevated air conditioning equipment, pool equipment and like mechanical equipment and associated decking
and structural components to be located in setback areas when required to be elevated for flood protection purposes and prohibiting such equipment and associated supporting structural
components within the clear space required for water front properties. The motion was duly seconded and carried unanimously.
Commissioner Deegan requested language be added to the ordinance to clarify that the restriction regarding clear space did not apply to single family dwellings.
Commissioner Thomas moved to amend Ordinance No. 5399-93 in Sec. 42.24, subsection (12) in the last sentence after the word "properties" and before the words "by section 41.131(6)."
add the words "other than detached single family dwellings." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5399-93 for first reading as amended and read it by title only. Commissioner Deegan moved to pass Ordinance #5399-93 on first reading as amended.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #15 - (Cont. from 5/6/93) Public Hearing & First Reading Ords. #5374-93 & #5375-93 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located
at 2339 Gulf to Bay Blvd., part of Sec. 18-29-16, N 280.01' of Hillcrest Mobile Home Park, approx. 0.64 acre (Lokey Oldsmobile, Inc., LUP93-12, Z93-03)(PLD)
Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously.
ITEM #16 - Public Hearing & First Reading Ord. #5398-93 - IL Zoning for Parcel A & B for property located at 508-602 N. Garden Ave., Parcel A - Nicholson & Sloan's Addition, Lots 7 &
part of 8; Parcel B - Nicholson & Sloan's Addition, Lot 9 and part of Lot 8 and Bidwell's Oakwood Addition, Lot 29 & 30, approx. 1.12 acres (Bilgutay Z93-04)(PLD)
Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #17 - Ord. #5382-93 - readopting, ratifying & confirming Subsection 1 of Sec. 44.31; providing for readoption of sign permitting requirements (LDCA 93-06)
The City Attorney presented Ordinance #5382-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5382-93 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 #18 - Ord. #5383-93 - Annexation for property located at 1812 Beverly Circle, Meadow Creek Sub., Blk C, Lot 15, approx. 0.25 acre (Nikitas, A93-05)
The City Attorney presented Ordinance #5383-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5383-93 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 #19 - Ord. #5388-93 - Vacating r-o-w for Gulf-to-Bay Blvd described as N 10' of Lot 4 and N 10" of W 163.14' of Lot 3, William Brown's Subdivision of Bay View (Water's Edge V93-03)
The City Attorney presented Ordinance #5388-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5388-93 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.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-36) - Approved as submitted.
Agreements - Approved.
ITEM #20 - Three year extension of Cooperation Agreement with Pinellas County for utilization of funding to be provided under the HOME federal housing program (PLD)
Bids & Contracts - Awarded.
ITEM #21 - Purchase of yellow 2306 polyethylene gas pipe and fittings from M.T. Deason Co., Inc., Birmingham, AL, at an est. $258,733.65 and Perfection Corp., Madison, OH, at an est.
$24,585.50, for the period 6/4/93-6/3/94, for a total est. $283,319.15 (GAS)
ITEM #22 - Purchase of a Case 586 Rough Terrain Forklift from Case Power & Equipment, Tampa, FL, for $28,790; financing to be provided under City's master lease-purchase agreement with
AT&T Credit Corp. (GS)
ITEM #23 - Purchase of 3 Peterbilt 320 front-loading sanitation trucks from Metro-Tech Equipment Co., Sarasota, FL, for a total of $359,742; financing to be provided under City's master
lease-purchase agreement with AT&T Credit Corp. (GS)
ITEM #24 - Purchase of computer hardware from Access Computers, Oldsmar, FL, for $14,900.28 and software from Micro Solutions, New Port Richey, FL, for $6,905 for a total of $21,805.28
(PW)
ITEM #25 - Contract for Marshall Street South Interceptor Sewer Replacement - Phase 2 to Rowland, Inc., Pinellas Park, FL, for $585,635 (PW)
Citizens & Staff Requests - Approved.
ITEM #26 - Direction for P.W.Dept. to continue pursuit of comprehensive watershed management plans for Clearwater thru the Mid-Pinellas Comprehensive Watershed Management Master Planning
Program and that cooperative funding be pursued with state and regional governments (PW)
ITEM #27 - (Cont. from 4/1/93) - Declare as surplus & approve sale of Library's Doll Collection with receipts to be used to purchase children's library material; permit the Greater Clearwater
Public Library Foundation to sell other items in the Flagg donation with proceeds to be used for library purposes (LIB)
Receipt & Referral - Received and Referred.
ITEM #28 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located at 1201-1215 Drew St., Pagett's Estates Sub., Lot 1 less S 65' and less W 15',
0.58 acres m.o.l. (Uhrich LUP93-19; Z93-08)(PLD)
ITEM #29 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1001 Brookside Dr., Oak Lake Estates, Lot 1, 0.20 acres m.o.l. (O'Brien
(Kell) A93-14; LUP93-20)(PLD)
ITEM #30 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 2197 Bell-Cheer Dr., Bell-Cheer Sub., E 100' of Lots 20 & 21, 0.32 acres
m.o.l. (The Word of Faith Church of God A93-10; LUP93-15)(PLD)
ITEM #31 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 3116 Wolfe Rd., Bayview Bluff, Lot N, 0.21 acres m.o.l. (Nosek A93-11;
LUP93-16)(PLD)
ITEM #32 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 2301 Drew St., Sec. 16-29-16, M&B 12.02, 0.54 acres m.o.l. (Winn A93-12;
LUP93-17)(PLD)
ITEM #33 - Annexation, Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property located at 2250 Drew St., Temple Terrace, First Addition, Blk D, Lots 27 &
28, 0.40 acres m.o.l. (JES Properties Inc. A93-13; LUP93-18)(PLD)
ITEM #34 - Proposed LDCA re: nonconforming single family residences allowing nonconforming single family residences to be constructed if damaged or destroyed in excess of 50% of their
appraised value (LDCA 93-03)(PLD)
ITEM #35 - Proposed ordinance establishing signage requirements for existing commercial & industrial planned developments (PLD)
Agreements, Deeds & Easements
ITEM #36 - Sanitary sewer lien agreement - Virginia Groves Terrace 3rd Addition, Blk 6, Lot 1 (Higueros - 2720 S.R.590)(CA)
It was pointed out that items 21, 23 and 25 were for contracts involving significant dollar amounts.
Commissioner Deegan moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #37 - Approval of City's participation in the proposed burying of power lines along Gulf Blvd. and authorize staff to begin drafting all necessary ordinances and other documents
(AS)
The Sand Key Civic Association has requested assistance from the City in having the Florida Power electrical lines buried when the County undertakes its scheduled widening of Gulf Boulevard
some time late this year. Under Public Service Commission regulations, Florida Power is required to bury the lines provided that a third party "applicant" is willing to pay the incremental
costs of burying the lines, which would otherwise be relocated above ground to accommodate the road widening. Florida Power has tentatively estimated such incremental costs to be in
the range of $800,000 to $1,200,000.
The Sand Key Civic Association supports allocating the costs of this project to the Sand Key property owners, using taxable value as a basis, and has requested the City's assistance
in accomplishing this. Preliminary estimates indicate a special assessment of between $235 and $360 per $100,000 of taxable value would be required to generate the necessary funds.
The advantage of a special assessment is the enforceability of collection via property liens, and also the option of the property owner to defer payment over not more than ten years
at an interest rate to be determined by the City.
Even though the City's current special assessment ordinance would not permit a special assessment for this purpose, staff believes that a 1992 change in the state special assessment
law, as well as a 1992 state supreme court decision allows the City sufficient latitude to amend its special assessment ordinance to accommodate the request. The change in the law allows
funding by special assessments of "amenities", in connection with the widening of street. The court decision approved special assessment based upon the property values, rather than
front footage, of benefitted properties.
In order for the City to assist with the financing of this project as requested, its anticipated the following steps will be required: 1) amend the City's special assessment ordinance
to expand the definition of assessable projects to include burying of power lines and also to allow assessments based on taxable values (currently special assessments are only permitted
on a "front footage" basis) and 2) proceed with the validation of City of Clearwater special assessment revenue bonds for this project. Even though the dollar amount of the project
is relatively small, validation is advisable to protect the City against potential legal challenges.
Given Commission conceptual approval to proceed, staff anticipates that both the amended assessment ordinance and the bond ordinance will be ready for first reading on July 1st, with
second reading on July 15th. Following ordinance approval, notices will be sent to all affected property owners indicating the exact amount of their proposed assessments. In
addition to the required public hearing, the Sand Key Civic Association has indicated their willingness to support a referendum of Sand Key residents prior to actual adoption of the
special assessments, should the Commission deem that advisable. Depending on the timing of the bond validation process, and whether or not a referendum is undertaken, final adoption
of the assessment would likely occur in September or October. In the meantime, staff will coordinate efforts with the County and Florida Power to insure the project is neither initiated
prematurely nor unduly delayed by city efforts.
Finance Director Dan Deignan said, as of today, Florida Power's best estimate for the incremental cost of burying the lines is approximately $960,000 with an estimated $40,000 for administrative
fees. The Civic Association would like the City to front those costs and pay for them through some mechanism and then in turn assess the property owners on Sand Key for the total amount
of the project. This would equate to approximately $300 per $100,000 worth of taxable value assessment.
He said at Tuesday's worksession, a question was raised by the Commission whether the Sand Key Civic Association would consider conducting a mail referendum ballot to determine the
level of support for this concept.
The City Manager asked if the City would front the money prior to the bond validation hearing and Mr. Deignan said it is his understanding the bonds would be validated first. The City
Attorney said the purpose of a bond validation hearing is to preclude a collateral attack. In response to questions, Mr. Deignan said the assessment would be done after the project
is started and the City would know if there would be a special assessment before they fronted the costs. He said there may be approximately $15,000 in upfront costs such as bond counsel
fees, binding estimate costs, etc. Mr. Deignan requested direction from the Commission as to whether to proceed or to wait for the results of the mail ballot.
Commissioner Deegan clarified that all the property owners on Sand Key will be assessed for this project and not the Sand Key Civic Association. He said he would prefer to wait until
after the ballot results are known before moving forward.
Mr. Deignan said there are some major commercial properties involved that would incur a proportionately larger share of the costs.
Al Lijewski, President of Sand Key Civic Association, indicated almost everyone on Sand Key wants the utilities underground. He said their first approach was to see if the Public Service
Commission would allow Florida Power to include it in the rate base; however, this was not possible. He said the residents of Sand Key would be willing to pay the incremental cost to
get the lines buried if applied on a fair basis. Mr. Lijewski felt the best way to allocate the costs would be based on assessed values, although there had been some discussion regarding
commercial properties paying based on front footage. He said he has talked to Russ Kimbal of the Sheraton Sand Key and he is in favor of this project as long as the City comes up with
a fair way of allocating the cost. He said Dave Rios from the Radisson Hotel would take this issue under consideration and wanted to get the owners' reaction as they have already contributed
$1 million in impact fees to the City. Mr. Lijewski said there have been several meetings, open houses and newsletters regarding burying the lines and only two negative comments have
been
received. The majority of the Board of Directors of one of Dan's Island Condominiums were opposed and Mr. Lijewski felt the reason was the board felt it would be their responsibility
to assess each unit to pay for project. He said the association would like to send a letter to everyone who will be paying for the assessment along with a return postcard identifying
each property owner to show whether or not they support it. He said since there is a lead time of 6 months, he would like the City to proceed on the assumption the project will occur.
Mr. Lijewski said he would like to see the City establish a policy that wherever there is major road construction, utilities would be placed underground and this policy would provide
a sound argument to have the Public Service Commission include it in the rate base. He said the Association will provide the labor to do the mailing out of the ballot if the City will
provide the mailing labels and pay the postage. He said if this is not mandated by the residents, the Association will reimburse the postage costs.
Commissioner Deegan asked how many of the steps could be done before the City is committed and the City Manager said we could get started by making the ordinance change and setting
a court date. Mr. Deignan said even if the validation was obtained, the process could still be stopped at that point. The City Attorney said timing would be critical and the City should
prepare an alternative in case of an appeal.
The City Manager recommended approving the item in concept and setting up a project budget of $20,000 amending the budget at third quarter to allow the process to start. If additional
time or money is needed due to an appeal, it will come back to the Commission.
The City Attorney said he has already started drafting the ordinance and felt it should be considered as the current ordinance is antiquated.
Commissioner Thomas said he did not want to slow down the process; however, expressed concern in stopping the project if the property owners reject it.
Nick Carey, Florida Power, said the estimate is based on the project being done concurrently with the road construction. He indicated Florida Power will have to calculate the binding
cost upon which the assessments will be based.
Mr. Lijewski said this project has been discussed with GTE and Vision Cable and they are willing to cooperate.
Commissioner Thomas moved to approve in concept the City's participation in the proposed burying of power lines along Gulf Boulevard at an estimated budget amount not to exceed $20,000
in upfront costs and to authorize City staff to being drafting all the necessary ordinances and other documents. The motion was duly seconded and carried unanimously.
ITEM #38 - Mid-year budget review (AS)
This report is based on six months activity (October, 1992 through March, 1993) in this fiscal year, and although in some instances variances have been noted in revenues and expenditures,
some amendments are not proposed until additional data can be analyzed.
General Fund revenues reflect the transfer of $101,763 to General Fund Surplus at mid year. Budget amendments to department operating budgets include an increase in Legal ($165,060)
primarily for unanticipated increases for professional services for outside legal representation; a net increase of $129,129 in Non-Departmental expenditures which includes funding for
the sign amortization program ($63,834) for the remainder of the fiscal year, funding for the maintenance of the Maas Building ($25,000), and funding for the beach trolley ($32,100);
an increase in Police ($26,000) for the purchase of traffic radar units; and an increase in the Emergency Management ($47,540) to fund the increased activity and function of this office.
All increases in operating budgets are offset by savings in other departments or increases in operating revenues.
Water and Sewer operating revenues along with water inventory purchases are increased to reflect increased demand and the result of the October rate increase on the increased sales.
Gas Fund operating revenues also reflect an increase of $590,960 due to increased demand; and increases in operating expenses for gross receipts tax, consulting fees, and expenditures
for new gas main installations.
Bridge Fund revenues increased at mid year to reflect anticipated interest earnings for the fiscal year.
The Marina Fund budget amendments reflect an increase in anticipated fuel sales as well as inventory purchases of fuel for resale.
Parking Fund revenues reflect a decrease in anticipated interest earnings based upon prior year interest earnings. Mid year amendments also include anticipated salary savings and savings
in contractual services due to the delay in the conversion of the metered parking to attendant parking at the beach.
The approved 1992/93 operating budget of the Pier 60 Fund reflected only revenues and expenses for three months of operation anticipating the closing of the pier for construction in
January 1993. First quarter amendments reflected the continued operation of the Pier through March 1993. It is now anticipated that construction will start in June 1993, and revenues
and expenditures are amended to reflect operation through the month of May.
Mid year budget amendments reflect anticipated lease revenues and operating expenditures for fiscal year 1992/93 establishing the Atrium Building Fund.
The General Services Fund reflects increases in expenditures at mid year due to the retirements of the previous Department Director, Assistant Director, and Energy Manager, recognizing
unanticipated expenditures for lump sum vacation and sick leave funded from prior year retained earnings of the fund.
The amendments to the Capital Improvement program total a net increase of $672,903 including several Capital Improvement budget increases, and Capital Improvement budget transfers and
decreases.
Commissioner Deegan questioned whether Robert Walker, who was listed as one of the outside attorneys, was the same Robert Walker that represented the Police Union. The City Attorney
indicated he was the same and is representing Officer Whitaker in the McIntyre case. Commissioner Deegan questioned whether it was common practice for the City to use union attorneys
to represent the City's interests. The City Attorney said Mr. Walker was representing the officer's interests. In response to whether the officer selected his own counsel, and the
City Attorney said he believed this was the case.
Commissioner Deegan expressed concern regarding a possible conflict of interest in paying fees to attorneys who represent the union. The City Attorney said the reason he is representing
the officer is because of the possibility there may a conflict between the officer and the City. He said it depends on how the case is resolved.
The City Manager asked if there was any policy direction in the future concerning this type of circumstance. Discussion ensued in regard to a lawyer in this case having been selected
because the officer, as well as the City, was comfortable with him. The City Attorney said representing the union and the officer did not strike him as a conflict; representing the
Police Chief and the union would strike him as a possible conflict.
Budget Director Tina Wilson reviewed the major mid year adjustments and indicated approximately $101,763 less $13,500 for traffic radar devices is being transferred into the General
Fund Surplus.
In response to a question, the City Manager indicated the Permits Supervisor, which has been eliminated, was a lower level supervisory position. He said the Planning and Development
Department needed administrative stability and he transferred in a long term employee as Assistant Department Director. She is also serving as the interim Community Development Manager.
Commissioner Berfield questioned whether the Community Development Manager position would be filled. The City Manager indicated the Community Development program was something he wished
to discuss prior to filling that position.
Commissioner Thomas moved to approve the Mid Year Budget Amendments for FY 92/93. The motion was duly seconded and carried unanimously.
a) Ord. #5402-93 - Operating Budget
The City Attorney presented Ordinance #5402-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5402-93 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. #5403-93 - Capital Improvement Program Budget
The City Attorney presented Ordinance #5403-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5403-93 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 #39 - Five year lease with 2 five year renewal options with the United States Postal Service, for the period 10/1/94-9/30/99, for $179,630 (MR)
The existing lease with the United States Postal Service for rental space at the Municipal Marina will expire on September 30, 1994. The original lease was for ten years and included
four five year renewal options, which locked in the annual payments to the City at $6,000. The lease covered 3,100 square feet of interior space, approximately 294 square feet of platform,
approximately 11,550 square feet of paved area, with ingress and egress via paved 20 foot and paved 33 foot driveways, paved 18 foot driveway, approximately 120 square feet of paved
sidewalks and approximately 192 square feet of landscaped area. The City was required to pay all taxes, provide heating in all areas in use and to furnish air conditioning equipment,
which included service and maintenance.
This new lease will provide the City with $35,926 each year for the first five years, $37,722.30 each year for the first five year option and $39,608.42 each year for the second five
year option. Rent is payable in equal installments at the end of each calendar month. The lease covers 3,124 square feet of interior space, 367 square feet of platform, 595 square
feet of ramp, joint use of all existing paved ingress and egress, maneuvering area and sidewalk, and use of six reserved parking spaces. Heating system, air conditioning equipment,
light fixtures, sewerage service, electrical system, water system and water will be furnished by the City. The postal service will assume maintenance of the HVAC system and pay all
recurring metered utility charges through out the term of the lease. The United States Postal Service has been a good tenant of the marina and is considered to be the "anchor" for the
marina building.
Harbormaster Bill Held said in addition to the lease payments, the Post Office will take over the maintenance of the heating and air-conditioning systems and will pay for all ADA requirements.
Commissioner Deegan pointed out this property could be rented out for more; however, it was felt this post office in this location provides a tremendous service for the beach residents
and tourists.
Commissioner Fitzgerald noted a good portion of the building is used as a warehouse operation.
In response to a question, Mr. Held indicated the postal service agrees to the amendment regarding the sublease.
Commissioner Deegan moved to approve a five year lease, with two five year renewal options, with the United States Postal Service from October 1, 1994 to September 30, 1999, for the
total sum of $179,630.00. The motion was duly seconded.
Commissioner Thomas expressed concern the City is subsidizing the property to have a post office by at least $500,000. He said, as the sublease now provides, if the post office decides
to vacate the property, the City will not be able to unreasonably withhold approval of any standard retail tenant. He said he supports subsidizing the post office; however, the City
should make sure this lease is for a post office; and if the use changes, the property should revert back to the City. He found the amendment to the sublease of no legal value.
Commissioner Thomas said he would support the motion if the language regarding the right to sublease the property is removed. He did not feel the taxpayers should be subsidizing the
post office if it is no longer at this location.
Commissioner Berfield suggested removal of the sublease language or adding a cancellation clause.
Commissioner Deegan amended his motion by striking from the lease, Section A.20 Sublease, the language "Such consent shall not be unreasonably withheld." The seconder accepted the
amendment. Upon the vote being taken, the amended motion carried unanimously.
ITEM #40 - City Attorney Department Audit
Mayor Garvey distributed letters she received from Mayor Freedman and the Florida League of Cities regarding the Legal Department audit.
Commissioner Thomas distributed a proposal comparing the qualifications of the firms of Glenn Rasmussen & Fogarty and Hilderbrandt, Inc.
Mayor Garvey said Personnel Director Mike Laursen has received names of other attorneys regarding the audit. The Altman Weil Pensa proposal was also mentioned.
The City Manager said he had contacted management firms after being referred to them by the Florida Bar and did not go into any detail on the scope of work. He said the proposals were
generic and subject to modifications.
Discussion ensued in regard to the qualifications and background of the names submitted to do the Legal Department Audit.
Commissioner Deegan suggested the Commission have time to peruse the information received so far and to call a moratorium on any additional information coming in.
Commissioner Thomas recommended setting interviews and presentations before the City Commission with the leading candidates.
Commissioner Deegan suggested setting the interviews for an upcoming worksession. The interviews are scheduled to be held at the worksession of June 28, 1993.
Mayor Garvey said she will arrange for as many interviews as are convenient for the June 28th worksession.
ITEM #41 - Graves proposal for Community Consensus
Deputy City Manager Kathy Rice explained the Graves proposal.
Commissioner Deegan said he had no objection to having a project set up with a not to exceed amount. He felt the estimate to be on the high side. He said the consultant had indicated
his costs could range from $18,000 to $40,750 and depended on what was requested. He suggested the leader/organizer could also be the community coordinator. Ms. Rice said a support
person will be needed for staffing, locating meeting places and
getting clerical support. Commissioner Deegan expressed concern regarding the $25,000 being established for personnel and requested efforts be made not to spend the entire allocation.
Commissioner Thomas moved to accept the Graves' proposal and to establish a project to determine a consensus of the community for a cost not to exceed $89,000 and to appoint Commissioner
Deegan to serve as the Commission liaison of the project. The motion was duly seconded.
Commissioner Fitzgerald felt travel expenses would be more costly in having a consultant traveling from California and Ms. Rice said these expenses will range from $3,200 to $6,750.
He questioned what ultimate result the Commission wished to get out of this exercise. He said he is having a difficult time trying to figure out what will be done with the results.
Commissioner Deegan said in conducting the survey the consultant will help to identify a series of issues. He said the reason he strongly recommended Dr. Graves is that he takes a
unique approach in asking people what they think about services they would like to be provided. From the information obtained, Dr. Graves will provide a rank ordering of the general
consensus of the community.
The City Manager indicated this would be a useful management and marketing tool for him and would minimize the impact of special interest groups.
Commissioner Fitzgerald expressed concern regarding how the mix of different groups would be obtained and whether this mix would present a fair representation of what the citizens want.
Commissioner Deegan felt Dr. Graves had the expertise to get a proper mix and/or sampling of the community.
Discussion ensued in regard to the timing of the survey due to many residents having gone north for the summer and Ms. Rice indicated Dr. Graves could start at any time. It was pointed
out the process will take approximately six to nine months and there will be public input meetings.
Mayor Garvey said she would like to see the citizens get more involved in their community; however, expressed concern regarding the cost of this undertaking as this amount had not been
budgeted. Commissioner Deegan again pointed out he thought the cost was on the high side.
Commissioner Fitzgerald questioned whether or not the City needed to go out to bid or if the purchasing requirements have been met in selecting Dr. Graves. Ms. Rice said this service
could be considered to fall under the guidelines of "impractical to bid" due to it being a copyrighted process.
Commissioner Thomas amended his motion to include "is impractical to bid." The seconder accepted the amendment. Upon the vote being taken, the amended motion carried unanimously.
Discussion ensued in regard to appointing a leader/organizer and Commissioner Deegan nominated Bill Schwob. A question was raised if Mr. Schwob had been contacted regarding this nomination
and Commissioner Deegan said he would do so.
Commissioner Deegan moved to request Bill Schwob serve as the community coordinator of the project. The motion was duly seconded and carried unanimously.
ITEM #42 - Discussion re: Maas Brothers property
Commissioner Thomas referred to a proposal from William L. Haralson & Associates for a market and financial feasibility study for a proposed convention center complex in downtown Clearwater
at the Maas Brothers site. The proposal also includes doing an analysis on a piece of property at Pier 60. He said the Maas Brothers proposal would be approximately $20,000 with an
additional $5,000 for the Pier 60 property if done together.
Mayor Garvey felt the City would need to go out for an RFP as there are others qualified to provide these services. She also indicated she did not believe the proposal fits the dynamics
and/or demographics of the City of Clearwater and felt it would make more sense to have exhibit space close to the hotels.
Commissioner Thomas indicated the reason for the study was to get a professional opinion regarding whether the proposal was feasible.
Mayor Garvey suggested the City go back to a development proposal which had previously been submitted.
Commissioner Deegan said that proposal involved the entire bluff and indicated the Commission was not considering that at this time.
Commissioner Thomas said the proposal includes an anticipated positive cash flow for the City and that would be part of what the study would prove.
Mayor Garvey reiterated the feasibility study would require an RFP.
Commissioner Fitzgerald felt there were two separate market studies involved: the convention center and the entertainment portion. Commissioner Thomas said there is some interrelation
between the two. Commissioner Fitzgerald asked if the Commission has defined the goals they wish to accomplish with the Maas site.
Commissioner Thomas said the proposal was very thorough on what to do with the Maas Brothers building.
Commissioner Fitzgerald questioned whether the Commission wants a project that will make money; will break even; or will bring people downtown or one the City will have to subsidize.
Discussion ensued in regard to the RFP process and the City Manager said the RFP looks for the talent of the firm and cost considerations would come later.
Commissioner Thomas said he wanted to look for the best people to do the job and wished to follow the correct procedures. He felt a convention/entertainment center could be the tool
to reignite the downtown. He said if the study shows this is not the right project for the site, he would be agreeable to tearing the building down.
Commissioner Fitzgerald said he did not want to see the City go out on a limb by not following the right procedures.
Mayor Garvey read an article from The Wall Street Journal which reflected that attendance at trade show conventions has decreased due to changing technology and does not necessitate
travel in order to do business.
Commissioner Thomas said he did not feel the United States was going out of the convention center business.
Commissioner Deegan said business people on the beach to whom he has spoken are in favor of this concept at the Maas Brothers location. They felt it would have a positive impact of
connecting the beach with the downtown.
Mayor Garvey said an idea was presented to her of tearing down the Memorial Civic Center and using that site for an exhibit hall.
Commissioner Berfield moved to authorize staff to prepare an RFP to find out if the demographics in Clearwater support the convention/entertainment center complex proposal and to bring
it back to the Commission for review prior to it being issued. The motion was duly seconded.
Commissioner Thomas said the study could show something completely different than what is being considered.
Upon the vote being taken, the motion carried unanimously.
The City Manager asked if the Commission would consider adding the Memorial Civic Center and the property between the Beach Diner.
Commissioner Deegan felt the issue would be confused by considering other comparisons and said he would like to concentrate on the Maas Brothers building exclusively.
Commissioner Fitzgerald felt limiting the use would not get much of a response and indicated if a convention center does not work, another use may be identified for this property.
Further discussion ensued regarding what to include in the scope of work. The direction was for the City Manager to develop the scope of work and bring it back for Commission approval.
ITEM #43 - Code Enforcement Task Force
Referring to Commissioner Deegan's memo of May 27th regarding the Code Enforcement Review Task Force, Mayor Garvey said it was not known if there is widespread code enforcement dissatisfaction
and suggested deleting the "Whereas" clauses to put the mission statement in more positive language.
Commissioner Thomas said tonight we have heard from a large number of business people on the beach regarding dissatisfaction with code enforcement. He felt the City's overall code
needs to be reviewed.
Mayor Garvey said she is not disagreeing that the code needs to be reviewed. She just wanted to phrase the statement in a more positive way.
Commissioner Deegan said he had no objection in deleting the "Whereas" clauses. He said he just wanted to reflect there was a problem.
In response to a question, it was indicated the task force is not being limited in what codes are reviewed. Deputy City Manager Rice said we will want the codes to be rewritten in
such a way there will not be a lot of room for interpretation which has presented a problem for code enforcement. In response to a question, she indicated the taxi cab regulations will
be reviewed.
Commissioner Deegan said Code Enforcement has indicated they can do no enforcement regarding the newspaper racks or vending machines until they have a response from the City Attorney
regarding a legal question. The Mayor said she was under the impression if public safety was an issue, something could be done regarding the newspaper racks. Mr. Baker said he had
submitted standard drawings to the newspapers but are not always followed.
Commissioner Deegan felt the newspaper personnel needed to be reminded and Mr. Baker said they remove the racks when told. It was indicated removal by the City could present a legal
problem.
There was discussion regarding vending machines in rights-of-way causing a traffic hazard.
Commissioner Thomas recommended leaving the "Whereas" clauses in the mission statement as he felt they established a precedent.
Commissioner Thomas moved to approve the Code Enforcement Review Force Statement as originally submitted. The motion was duly seconded.
Mayor Garvey suggested the mission statement be more positive by deleting the "Whereas" clauses.
Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted for the task force "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried.
Commissioner Deegan suggested each Commissioner member select two people and submit their names to the City Manager by June 28, 1993.
ITEM #44 - Community Relations Board - 2 appointments (CLK)
Commissioner Berfield moved to reappoint Theodore Nims. The motion was duly seconded and carried unanimously.
The "Mortgage Financing" category appointment was continued.
ITEM
Mayor Garvey stated she wished to apoint Lucretia Silas to the Clearwater Housing Authority.
Commissioner Fitzgerald moved to confirm the Mayor's appointment of Lucretia Silas to the Clearwater Housing Authority. The motion was duly seconded and carried unanimously.
ITEM #45 - (Cont. from 5/20/93) First Reading Ord. #5387-93 - revisions to Ch. 52 re: tree protection & Res. #93-32 - revising schedule of fees for tree removal permits (PW)
Commissioner Berfield moved to continue this item to the scheduled Commission meeting of July 1, 1993. The motion was duly seconded and carried unanimously.
ITEM #46 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #47 - Res. #93-30 - authorizing City Manager to execute document with FDOT re: City's easement rights & interests in Parcel 131.04 lying along S.R.580, between Countryside Blvd
and McMullen Booth Road
The City Attorney presented Resolution #93-30 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-30 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 #48 - Res. #93-31 - Assessing property owners the costs of mowing or clearing owners' lots
The City Attorney presented Resolution #93-31 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-31 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 #49 - Other City Attorney Items - none.
ITEM #50 - City Manager Verbal Reports
The City Manager requested direction regarding the handicap ramp at City Hall. Discussion ensued in regard to various concepts, investigation of a mini-elevator and disabled parking.
Commissioner Berfield moved to rescind the previous motion regarding building the ramp at the north end of City Hall and to authorize the City Manager to investigate the feasibility
of installing a mini-elevator at the left front entrance to City Hall with appropriate ramp and disabled parking to be placed on the south side of the building. The motion was duly
seconded.
In response to a question, the City Manager said the poles will be removed where the parking meters are eliminated.
Upon the vote being taken, the motion carried unanimously.
ITEM #51 - Other Commission Action
Commissioner Berfield announced "Shoppers Speak-up" at the Main Library on June 18, 1993 from 10:00 a.m. to 11:30 a.m. The purpose is to receive input regarding what would bring people
to downtown to shop.
Commissioner Deegan requested future discussion regarding a June 1, 1993, memo from Assistant City Attorney Miles Lance regarding the Development Code Adjustment Board. He requested
Commissioner Thomas reconsider the propriety of "Fred's Army" as he has had negative comments from both the employees and the citizens. Commissioner Thomas responded videos serve the
same purpose as photographs in showing what needs to be corrected. Mayor Garvey found Commissioner Thomas' letter to be very negative affecting the morale of the employees and interfering
with their work. She found it inappropriate to video tape the employees. Commissioner Thomas stated his request for video taping was not aimed at the employees.
Commissioner Fitzgerald reported on input to the Mayor's Council regarding the financial impact of the proposed BTU tax on municipalities. He requested the City Manager compute the
impact on Clearwater.
Commissioner Thomas submitted a letter to Commissioner Berfield requesting information regarding the purchase of the Sun Bank Building.
Commissioner Berfield mentioned the discussion of weekly meetings. This topic will be discussed at the next worksession.
ITEM #52 - Adjournment
The meeting adjourned at 12:10 a.m.