08/18/1994 CITY COMMISSION MEETING
August 18, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 18, 1994 at 6:05 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Fred A. Thomas Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Arthur X. Deegan, II Commissioner
Also present:
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
Paul Richard Hull Assistant City Attorney
Terry Jennings Chief Engineer
Scott Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Pastor David Smith of Faith United Church of Christ.
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
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
Char Foster was presented a plaque in recognition of establishing three age-group records at recent Junior Olympic Track and Field events.
ITEM #6 - Approval of Minutes
Commissioner Thomas moved to approve the minutes of the regular meeting of August 4, 1994, 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
Anne Garris, representative of the Environmental Advisory Committee, requested action be taken to fulfill the agreement regarding preservation of the Magnolia Falls/Briar Creek wetlands
area. She expressed concerns that the agreement is long past due and SWFWMD may require the City to build wetlands elsewhere.
Steve Saliga noted staff were back to work by 8 a.m. following a 2:00 a.m. meeting adjournment. He thanked citizen representatives for requesting input regarding relocation of the
FGCAC. He noted the Charter Review recommendations did not address $1/year leases. He recommended capping the salaries of directors of non-profits at the Mayor's level.
Lois Cormier reported staff were working to clean up "Lake Winn-Dixie." City Manager Deptula reported staff has not identified a chemical to clean the pond. She indicated staff is
harvesting the growth.
Ms. Cormier stated when she saw staff sign off on plans for stormwater improvements on Harbor Drive, she was confident it would be a good job. Ms. Cormier praised Parks & Recreation
for an event held at the Martin Luther King Center and invited the Commission to Ross Norton for a swim party. She thanked Commissioner Thomas for publicizing the availability of videos
at the library.
Bob Wright stated the rationale for the Charter Review Committee recommendations regarding "non-capitalized" expenditures was based on Commission actions to approve the Municipal Services
Complex for $22 million & Harborview Center for $6 million. He questioned why the Committee was appointed.
Commissioner Berfield stated the Charter requires a Committee be appointed. Mayor Garvey reviewed the advantage of having the Charter viewed from a different perspective. She felt
some suggested changes made sense. She spoke in appreciation of the Charter Review Committee's work. Commissioner Thomas noted the discussion that took place on Monday, August 15,
1994, was only the beginning of the process. He said no conclusions would be reached until final review following two public hearings.
ITEM #8 - Public Input re location of Florida Gulf Coast Art Center
The City Manager stated staff has been working with the Florida Gulf Coast Art Center (FGCAC) for the past few years to identify a location. She reported the referendum to locate the
FGCAC at the Maas Brothers site failed. Other City owned Downtown sites were examined. The Chamber property is too small, as is the "bunker" south of City Hall on Pierce. Ms. Deptula
indicated the two sites proposed are City Hall with 3 acres or the site to the west of City Hall with 4.25 acres. She felt either site would be appropriate. Negotiations with the FGCAC
have not occurred.
Ken Rollins, Executive Director of FGCAC, expressed his appreciation for this opportunity and consideration. He indicated the FGCAC Board of Trustees plans to reach a final decision
regarding a location by September 30, 1994. He noted people too often do not realize the importance, benefits, or economic impact of Art Centers. He predicted the Center
will have a significant impact on the entire county, mostly in the city in which it is located. He cited an early 80's study that estimated art's impact on Florida at $1 billion. He
reported the large number of cultural tourists stay longer and spend more money. Last year, it is estimated that 4.7 million people attended cultural events in Pinellas County. He
stated regional and national workshops will be held as well. The state of the art facility will include exhibition space, classrooms, a gift shop, small restaurant, and visual arts
research library. Plans include expanding the commitment to the public and local artists through festivals and art shows.
Mr. Rollins reported the FGCAC has budgeted a $1 million operating budget. Plans call for 18 full time staff, 5 part time, and 500 volunteers. A minimum 100,000 visitors a year are
anticipated. The Florida Aquarium in Tampa will feature the FGCAC in their lobby as a further destination. He noted for every $1 spent for the Art Center, $4 is returned to the community.
Mr. Rollins reported the King Tut exhibition in New Orleans brought more money into that city than did the Super Bowl.
Mr. Rollins stated in the early 1980's, Lakeland invested $2.5 million in the Arts in a virtually abandoned downtown. He reported the museum became an intricate part of the revitalization.
More than $40 million has since been invested in Lakeland's downtown.
Ms. Deptula stated the FGCAC is requesting the City: 1) waive the estimated $56,000 impact fee; 2) make a one time cash contribution of $50,000; 3) sell or lease the City Hall site;
or 4) lease site below the City Hall site for $1/year or sell it to the Center with a reverter clause.
Bill Anderson, minister at Calvary Baptist, felt the Center would represent a happy combination in the Downtown exhibiting local works and enhancing the cultural community.
Phil Thomas, a Downtown businessperson, spoke in favor of the below the bluff site. He felt the FGCAC will continue the trend of Downtown redevelopment.
Bob Henion, preferred leasing the below the bluff site to the FGCAC so the City could retain control of the property. He felt the Center would be a prize for Clearwater and an asset
to Downtown development and tourism.
Karen Walker noted the Center's firm mission and financial statements. She noted cities are identified by their amenities and facilities. She expressed concerns that the City might
lose if it does not act and urged the Commission take advantage of this opportunity.
Bill Stephens felt the Center represented a wonderful opportunity but questioned if it is Clearwater's responsibility to subsidize it. He noted the City already has art programs at
Ruth Eckerd, the junior college, and Parks & Recreation facilities. He noted this location was enthusiastically rejected last time it was proposed. He expressed concern about building
a museum in a low lying area and felt that use of the property inappropriate. He did not feel Downtown development needed this project. He requested the Center participate in a City-wide
project.
Jeannette Dunn questioned why the Center should be located on the waterfront. She stated the City needs an income, not another waste of taxes. She recommended the Center locate somewhere
else.
Richard Houghton thanked Mr. Rollins. He noted the $4 million estimate of annual revenues that will enrich the City. He spoke strongly in favor of locating the FGCAC Downtown. He
expressed concern that too much dickering might dampen the Art Center's enthusiasm for Clearwater. He felt this type of attraction will revitalize the City. Mr. Houghton questioned
Commissioner Thomas' requirement for a roof garden. He felt nothing that would hamper this project is productive.
The Mayor stated design negotiations will follow the referendum.
Dee Rae Crews said she was excited about this southern cultural center and its exhibition of hospitality and genteelness. She reported during the many years she worked in tourist centers
she learned tourists desire destinations that differ from their everyday life. She felt local visitors will be followed by vacationers and conventioneers. She noted her preference
for the City Hall site.
Marie Brown stated she has lived in Clearwater for 42 years and noted how the City has continued to grow culturally. She was "all for" the FGCAC.
John Tscarcios spoke strongly in favor of locating the FGCAC in Clearwater. He said he was still waiting for the replacement for the auditorium to be built. He did not agree with
the sites chosen. He encouraged continued negotiation for an alternate Downtown site. He stated the Center should not be granted ownership of the land.
Steve Saliga agreed the FGCAC should be located Downtown but not on the waterfront. He questioned the large salaries paid to Art Center employees. He felt the Parks & Recreation Department
was bigger than the FGCAC and has better facilities.
Bob Wright spoke against leasing or selling the bluff for any purpose. He is not against the FGCAC but noted many other suitable sites are available. He stated citizens do not like
sweetheart deals like $1/year leases. He felt the Community Redevelopment Agency (CRA) and Peter Gozza were grasping at any straw to revitalize Downtown. He suggested the CRA consider
leasing a piece of their property to the Center.
John Meek spoke in favor of building the FGCAC on the bluff. He noted a new vitality in Downtown. He said the Art Center would be an important anchor. He felt those who spoke against
the Center did not understand the economic benefits. He indicated the Center would help the young and the old. He stated there was no better setting for the Art Center than on the
bluff with its natural, ever changing scenery.
Desmond Buzell spoke in favor of locating the FGCAC Downtown. He opposed changing City Hall's function. He was not opposed to the below the bluff property but felt the lease should
reflect the value of the property. He encouraged negotiations to locate the Center in another Downtown location.
Marvin Moore spoke in favor of the FGCAC but not the planned location. He recommended it be built on one of the planned Downtown lakes. He noted a 1983 referendum indicated Clearwater
residents do not want the bayfront denigrated.
Terry Tsafantinos noted the Art Colony did not attract people Downtown. He noted an Art Gallery in New York City, open seven hours a day, four days a week, attracted no one after 4
p.m. or on weekends. He spoke against any more non-profit organizations locating in Clearwater. He felt a referendum should include another site choice.
Lois Cormier requested the bayfront be left alone. She recommended hanging on to City Hall. She felt nothing should be constructed on the low-lying land.
Phil Henderson, Chair of the Board of the Clearwater Chamber of Commerce, read a resolution passed by the Chamber in support of efforts to relocate the FGCAC to the property below the
bluff. He felt the Center will be socially beneficial and provide an economic impact to the City. He offered the Chamber's assistance to facilitate this opportunity. He noted the
resolution was based on facts: 1) the land is currently not on tax roles so there will be no loss of tax revenues; 2) this facility will attract people Downtown; 3) input from residents.
He stated the Chamber would work to help pass the referendum.
Burt Amann spoke in whole hearted support of locating the FGCAC below the bluff. He felt the City has everything to gain in attracting this clean, energetic enterprise. He urged the
Commission to consider this favorably. He said the Center will attract business and tax benefits.
Anne Garris felt it would be nice to have the FGCAC in Downtown but did not see that it would help revitalize the City. She noted the Dali Museum did not revitalize downtown St. Petersburg.
She felt Clearwater residents already expressed resistance to development on the bluff in a previous referendum. She said the bayfront is part of the City's heritage and should mirror
Coachman Park. She noted the impossibility of locating a bayfront park elsewhere. She stated the museum in Lakeland was located downtown where revitalization is needed. Ms. Garris
indicated the chosen site is too small and recommended consideration of the East End or fronting on a planned Downtown lake.
Bob Bickerstaffe felt the FGCAC would be great in another location, possibly by a Downtown lake. He questioned giving away City property. He spoke in support of the City Hall remaining
as a legislative building. He questioned why all development has to be on the bayfront instead of developing the rest of Downtown.
Sheila Cole spoke in favor of the FGCAC but not on the proposed sites. She suggested the Center could anchor Downtown from the Dimmitt property or by the planned Downtown lake. She
spoke against locating the Art Center on the bluff and giving away City property.
Mike Sanders embraced locating the FGCAC at the bluff top site. He noted the Art Center actually began in Clearwater in 1936. He felt it would be a catalyst in revitalizing Downtown.
Mayor Garvey recommended this be scheduled as an agenda item. Commissioner Deegan felt the Commission needed to decide whether to include it on a ballot.
The Mayor strongly disagreed with comments regarding the CRA "grasping for straws." She noted the Parks & Recreation Department is not comparable to the FGCAC as City
programs occupy retirement and creative time and do not compete with FGCAC programs. She stated the Arts Colony cannot be compared to the Art Center.
Commissioner Deegan stated most opinion indicates the benefits of the FGCAC would be good for the City and Downtown and would attract others. He favored locating the Art Center at
the bluff where it will not detract from the open space, take away an activity, or remove a commercial site from the tax rolls. He noted the CRA's property holdings are limited to the
Bilgore site, the parking garages, and the Stepps Building that presently houses an AIDS' program. He said no other City owned property can be used for this purpose. He reported the
FGCAC negotiations with private interests were not fruitful.
Commissioner Deegan said replacing the auditorium would be part of the Harborview Center development. He stated the Commission is not discussing removing property from the tax-roll
but leasing it to the FGCAC. He too felt there was no comparison to the Art Colony. He said the Art Center will attract their own clientele. He indicated the $1/year lease was valid
as presently the site sits empty and does not generate revenue.
Commissioner Deegan spoke against the requested grant and waiving the impact fees. He recommended the FGCAC develop additional funding sources.
Commissioner Deegan noted in the outcomes of previous referendums may not reflect the wishes of the present population. He said the impetus occurring in Downtown should not be stopped.
He stated the City must advise the Supervisor of Election of a ballot question by September 16, 1994 and requested the Art Center's Board meet and resolve their location choice prior
to that date.
Commissioner Thomas stated he has been at the center of the issue to save the bayfront for the past 13 years. He noted many speaking this evening were aligned with him on earlier efforts.
He agreed a bayfront park would be nice but noted the lack of land. He felt the proposal with caveats is the first bayfront project he can support. Commissioner Thomas indicated its
location below the bluff would prevent it from being seen from the East. He felt the building would provide little vision pollution.
Commissioner Thomas requested the referendum include the following caveats: 1) 250 parking spaces on the ground floor under the roof and a 40,000 square foot second level surrounded
by a promenade; 2) architectural approval of the building by the Commission; 3) a garden on top of the building; 4) a setback from Cleveland Street including landscaping; 5) construction
to begin within 24 months of approval of the referendum; 6) in event of a bankruptcy or failure, the property reverts to the City.
Commissioner Thomas opposed waiving impact fees and cash contributions. He suggested donating instead $100,000 worth of landscaping materials. He supported the referendum include
a 30 year capital lease for $1/year.
Mayor Garvey recommended the caveats be discussed following the referendum. She expressed no problems with a 30 year lease.
Commissioner Fitzgerald said the FGCAC would be a great asset and noted its location is critical. He spoke in favor of the City Hall site, noting the building looks like an Art Center.
He stated the FGCAC could expand down the bluff where parking could be placed underneath. In recalling discussions several years ago regarding the safety hazards related to the location
of the tennis courts, he agreed with Commissioner Thomas' suggestion regarding a landscaping buffer along Cleveland Street.
Commissioner Fitzgerald expressed sympathy for those concerned with giving away property. He spoke in favor of consolidating City Hall but would support a referendum to determine if
the public is willing to make a decision regarding locating the FGCAC Downtown.
Commissioner Berfield stated her largest problem was why the FGCAC needed to locate on the bayfront. Mr. Rollins indicated he worked with City staff for several months and forwarded
all potential options to the site selection committee. Many sites were reviewed. He stated the final decision meshed with what staff felt they could support and the selection committee's
recommendations. Commissioner Berfield questioned if City staff recommended the bayfront sites. Mr. Rollins stated many potential sites were presented by the staff. Dialogue regarding
pros and cons continued for more than two months.
Commissioner Berfield questioned the major objection the FGCAC had to the East End property. Mr. Rollins indicated it was felt it was not in the best interest of the Art Center to
locate there when no one knows what its overall development will be. He stated they reviewed accessibility, aesthetics, etc. Commissioner Berfield noted accessibility to the East End
was superior to the bayfront.
Commissioner Berfield questioned if any studies regarding traffic impacts associated with the bluff site had been completed. Mr. Rollins indicated they had not. Commissioner Berfield
expressed concerns regarding the Trustees approving the site by September 16, 1994. Mr. Rollins felt the decision could be reached prior to that date.
Commissioner Berfield question what would happen if studies indicate the roads adjoining the site cannot absorb increased traffic. Central Permitting Director Scott Shuford noted the
transportation issue has not yet been addressed. He indicated once the Commission states a specific site choice, staff can do a quick analysis and provide input.
Commissioner Berfield questioned if a traffic problem is established, is the City bound by a referendum.
Commissioner Thomas noted developers are compelled to meet certain obligations. Mr. Shuford indicated concurrency regulations, access, height, and open space would all need to be addressed.
Commissioner Berfield questioned if the FGCAC or City would be obligated if the referendum passed. Assistant City Attorney Hull indicated the referendum obtains permission, not a requirement.
Mr. Rollins felt the key question was whether either site could be made available to the Art Center. The Mayor noted the FGCAC also has the opportunity to back out.
Commissioner Thomas noted the referendum gives the FGCAC the right to build but they would still have an obligation to meet all of the City's regulations.
Commissioner Berfield said based on what has been said, the referendum does not bind either party. She agreed the FGCAC would provide an economic boost to the City. She indicated
she was not comfortable with the chosen sites. Commissioner Berfield said there was a large turnout on a similar referendum 10 years ago. She pointed out things have changed and felt
the referendum would provide the Commission a way to find out how the residents feel. She expressed support for the referendum as long as the City is not legally tied.
Commissioner Thomas made a basic motion to grant the FGCAC the right to go to referendum for the construction of a building in the location of the tennis courts with ground floor parking
and a 40,000 square foot Art Center. Commissioner Deegan requested the motion be more basic.
Commissioner Deegan moved to place on the ballot a referendum for citizens that would permit the construction of the FGCAC in the general area of the tennis courts to lease to the Art
Center for 30 years at $1/year. The motion was duly seconded.
Commissioner Deegan stated if the City has final approval of the design, there is no need to mention other concerns regarding setbacks, gardens, etc. The City Manager suggested the
referendum question be simple and clear, and negotiation points regarding design details could be included in separate motions.
Commissioner Deegan restated the motion to read as a motion to place on the ballot a referendum for citizens that would permit the construction of an Art Center on the property between
Cleveland and Pierce Street, East of Pierce Boulevard, and below the 28 foot level west of the existing City Hall. The seconder agreed. Upon the voted being taken, the motion carried
unanimously.
Commissioner Deegan noted final approval of design of the site and building includes parking setbacks, promenades, the building's square footage, and the location of parking.
Commissioner Thomas moved that the City Commission have architectural and site plan approval of the project. The motion was duly seconded and carried unanimously.
Commissioner Thomas stated the lease must have a reverter clause that it goes back to the City. Commissioner Deegan questioned if Commissioner Thomas was referring to improvements.
Commissioner Thomas indicated he wanted to include a claim so the property returns to the City. Commissioner Deegan stated no one can turn over City land to someone else.
Consensus was for staff to work out language so the land and improvements will revert to the City if the Art Center abandons the facility even if some financial enumeration may be required.
Commissioner Thomas moved that in the event of abandonment of the project by the FGCAC, the land and structures would revert to the City with a right of first refusal with payment for
improvements at the appraised value. Commissioner Fitzgerald felt this information should
be included in the lease. He felt this language would not be uncommon. The Assistant City Attorney agreed.
Commissioner Fitzgerald stated the site would remain the City's land and the City's lease. He said if the lease is negated, it is still City land and the City would have the right
to take over the operations on that land. He felt there would be no problem with language to cover this concern. Mayor Garvey noted the City wants the first opportunity to buy back
the improvements at the current appraised value.
Commissioner Deegan preferred consensus on this item to a motion. Consensus was for some sort of a reverter clause to be included.
Commissioner Thomas noted his request for construction to begin within 24 months of the referendum were contradicted by Mr. Rollins' estimate of a 2 1/2 to 3 year fund raising time
frame. The City Manager indicated staff can structure completion dates so the project keeps moving.
Tim Mariani, attorney representing the FGCAC, said the Art Center is not purchasing the property. He stated a good lease will include a default provision. He expressed concern that
the Commission not impose strict guidelines. He requested an opportunity to compromise. He felt the Art Center would face difficulty in obtaining financing with a 24 month limitation.
He suggested a non specific review process be established calling for an update and status report in two years.
Commissioner Thomas noted if the referendum passes, the public will be waiting for something to happen. He said if nothing is happening and another opportunity for the site presents
itself, the City could be stuck. He felt limits had to be established.
Mayor Garvey recommended the referendum only include basic language. Mr. Mariani did not object to establishing restrictions. He suggested the FGCAC be given two years to present
a plan and three years to break ground. Commissioner Thomas agreed with deadlines for the FGCAC to present building plans within two years, break ground within three years, and complete
the project within five years. Mr. Mariani expressed concerns regarding the five year restriction. Commissioner Thomas agreed the deadline could be extended based on an Act of God.
Mr. Mariani expressed concerns regarding delays caused by the actions of contractors.
Commissioner Deegan felt as long as staff and the Art Center are allowed latitude to work out language for exceptions, the last schedule recommended by Commissioner Thomas was acceptable.
Commissioner Berfield noted approval of this project is based it providing a boost to economic development and expressed concerns that the five-year window until completion of this
project did little to provide that. Commissioner Deegan noted other movement will occur prior to the opening.
Consensus was to develop language to establish developmental deadlines allowing for circumstances beyond the Art Center's control.
Commissioner Thomas stated his opposition to making a cash contribution. He reiterated his proposal to donate $100,000 worth of City plant materials in lieu of the Art Center's request.
Commissioner Deegan felt this item might prove to be a deal breaker. He noted a $100,000 contribution of cash or materials was significant.
Commissioner Fitzgerald felt the recommendation was inappropriate and expressed his reluctance to commit to it. He stated the Commission first faces the hurdle of the referendum.
He recommended these negotiations be delayed until after the referendum.
Commissioner Deegan felt the FGCAC should know that the Commission wishes to cooperate with them. He stated a commitment to spend a large sum of money may turn off the voters.
The City Manager noted the legal language in the referendum needs to exempt the pump station area.
The City Clerk reported the Supervisor of Elections needs the referendum language by September 16, 1994, for this to be on the November ballot. The Mayor recommended this item be scheduled
for discussion on September 12, 1994 and September 15, 1994.
The Commission recessed from 8:47 until 9:03 p.m.
PUBLIC HEARINGS
ITEM #9 - (Cont'd from 07/21/94) Public Hearing & First Reading Ords. #5640-94 & #5641-94 - Land Use Plan Amendment to Institutional for Parcels A, B & C; MPD Zoning for Parcels A, B,
C & D; and approve Master Plan for Parcels A, B C, & D (various properties east and west of S. Ft. Harrison Ave. and north and south of Pinellas St.)(Morton Plant Hospital Association,
Inc., et al, LUP94-15, Z94-06)(CP)
Morton Plant Hospital requests their Main Campus and Satellite Area be rezoned a Master Planned Development District and all properties within the Planning Area without a Future Land
Use Plan Classification of Institutional be reclassified as Institutional.
Staff feels the Master Plan should not be considered a Development of Regional Impact (DRI). Staff examined the information presented by Tim Johnson regarding the DRI issue and reviewed
statutory and procedural requirements for DRI's. As Mr. Johnson's letter indicates, the threshold level has not been reached.
Existing water facilities are capable of providing an adequate water supply to meet the hospital's needs. The City will be relocating its existing sewage lift station from south of
the main hospital building to the vicinity of Druid Road and Jeffords Street. The new lift station will be adequate to provide service for future hospital expansion and the surrounding
service area. The existing lift station can serve present demand and has adequate capacity to serve anticipated, short term added demand, including the proposed Heart and Vascular Center.
The existing gravity sewers and force mains are adequate to serve projected development
anticipated in the Master Plan. According to the hospital, the lift station's new location will be shown on the Master Plan prior to second ordinance reading.
Drainage details are not addressed in the submitted development plan. The Land Development Code only requires a "concept plan" be submitted, leaving drainage, building details, etc.
to be addressed in the site plan and/or construction plans. The existing Cancer Care Center, the proposed Heart and Vascular Center and all future development are being designed to
meet SWFWMD's and the City's drainage requirements. Staff is requiring the hospital to install a 72-inch main drainage line to replace an existing, smaller line prior to the issuance
of a certificate of occupancy for the Heart and Vascular Center. This line is part of the hospital's long range drainage plan.
Staff is reviewing the traffic circulation plan submitted by the project engineer for a separate report to be provided to the City Commission. The project engineer indicated additional
information will be provided regarding solid waste disposal, air quality, sound generation and vibration. Staff's recommendation is subject to modification based on analysis of this
information.
A minor plan amendment needs to occur to reflect a 10-foot wide buffer along the east side of S Ft. Harrison Avenue.
As a result of the staff's meeting August 17, 1994, with Morton Plant Hospital representatives concerning the Master Plan, Mr. Shuford clarified the following Commission concerns in
an August 17, 1994 memorandum:
Stormwater Management - Hospital representatives have committed to retrofitting substantial portions of the subject property to provide stormwater quality treatment above SWFWMD and
City development standards to include a centralized treatment area surrounding the wetlands area in the middle of the site and a natural marsh treatment facility located at the outfall
point into Clearwater Harbor. Staff feels this plan represents the maximum stormwater quality treatment that can reasonably be expected of the Hospital given constraints on treatment
options posed by existing development.
S Ft. Harrison Landscaping - As a major entryway into Clearwater, there has been a desire to treat S Ft. Harrison Ave. in a comprehensive fashion with regard to perimeter landscaping
and buffering along the roadway. The hospital's Master Plan proposal indicates a 25-foot wide landscaped buffer along the road's west side and a 10-foot wide buffer along the east side
in full compliance with code requirements. A comprehensive landscaping plan specifying plant materials, berming and phasing details along S Ft. Harrison Ave. will be submitted for review,
consideration and approval by the City prior to the second reading of the ordinances adopting the Master Plan.
Use of City Gas and Recycling Services - Historically, Morton Plant has been one of the City's three largest gas customers. The Hospital is reviewing the cost-effectiveness and reliability
of interconnecting the proposed Central Utility Plant with the City gas system. The interconnection may not be feasible for technical and economic reasons, but represents a continuation
of an existing cooperative relationship between the Hospital and the City gas system.
The Hospital has an existing contract with a private company to recycle office paper, green bar computer paper, and cardboard. Hospital representatives have indicated a willingness
to consider City recycling services as part of contract bidding when their contract expires in September.
Design and Noise Control - Central Utility Plant - Questions have been raised regarding the appearance and noise generation of the Central Utility Plant (CUP) located east of S Ft.
Harrison Ave. on the Hospital Master Plan. CUP is in the design stage and specific details can be provided prior to second ordinance reading. Hospital representatives note its location
immediately across from the main campus entrance provides them the incentive to insure the plant's design is attractive.
Helicopter Landings - In keeping with current practice, hospital representatives intend to continue helicopter landings at the west end of Jeffords Street. The Hospital is not a trauma
center. Landings are infrequent, totalling only 10 over the past year. Hospital representatives clarified note "5" on the Master Plan as indicating that the rooftop of the Adler Building
is adaptable to helicopter landings should an alternate site be needed. A change in landing sites would require substantial construction. A change in helicopter landing sites would
constitute a major change to the Master Plan, and would require Commission approval.
Minor Changes to the Master Plan - This plan incorporates changes required by the Planning and Zoning Board: 1) The Heart and Vascular Center has been relocated northward to correspond
with the more detailed site plan for this portion of the site; 2) a 150-foot floor area ratio (FAR) line has been shown on the north side of the site. The FAR in this area is 0.25,
under PPC rules establishing a maximum 1.0 total allowable FAR for the Institutional plan category and a maximum 0.65 FAR allowed within a 150-foot radius from an abutting jurisdiction;
and 3) Environmentally sensitive areas along Clearwater Harbor have been delineated.
Other Issues - The Hospital indicated a "clearance letter" from the State Department of Community Affairs is anticipated. Staff has suggested changes to improve the clarity of the
traffic impact study.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review is required.
Frank Logan, Chair of the Morton Plant Hospital Board of Trustees, noted all board members are volunteers. Their objective is to provide health care to the community. He reported
the Board decided three years ago it needed a Master Plan. The initial plan was completed in May 1993. He stated the hospital met with the communities as well as the staffs of Clearwater
and Belleair. He indicated the hospital made significant changes to the plan including moving the main energy center east of S Ft. Harrison, incorporating a landscaping plan, lowering
the height of a parking garage and moving it away from Jeffords, establishing lower floor area ratios in buildings that border the site, and internalizing traffic control. He noted
the new plan includes expensive modifications but felt it was compatible with the neighborhood.
Dr. Peter Bloomcrantz, surgeon, expressed the doctors' perspective. He stated he has served on staff at Morton Plant for 17 years and the medical staff has had input into this plan.
He said his goals were to improve the efficiency of giving care, improve access to care, and deliver care in a state of the art environment. He felt the facilities at Morton Plant
are the finest in the state.
A video of the Master Plan was shown reviewing the phases of the plan: Phase I - Powell Cancer Pavilion, realign the road, close access to Druid, landscape the zone on Waters Avenue,
raze the old nursing home, build the Heart & Vascular Pavilion; Phase II - Complete the Heart & Vascular Pavilion and multi-level parking deck, widen Pinellas Street at the main campus
entrance, divert traffic away from Corbett and Jeffords; build the central utilities center and buy land for off site employee parking east of Ft. Harrison Avenue; Phase III - raze the
old utility plan and build a connector between the main buildings; Phase IV - close Bay Avenue and expand emergency care; Phase V - construct a new entrance for ambulatory care and expand
the critical care facility; Phase VI - build a medical office building on the west side of S Ft. Harrison and build a parking deck on Jeffords; Phase VII - add to the diagnostic pavilion
and expand the rehabilitation pavilion.
Mr. Marquardt reported, in response to community concerns, the location of the parking deck was moved and reduced in height. Significant landscaping was added. He noted designating
Pinellas Street as the hospital's main entrance minimizes the impact on Druid, Corbett, and Jeffords. The Central Utility plant is planned for an industrial area away from residential
areas. The campus is surrounding by landscaping and proper lighting. Additional buffer zones were created. Noise will be reduced as the traffic circulation will be within the campus.
Mr. Marquardt said main buildings are being placed away from residential areas. The building heights of perimeter buildings was lowered. The Floor Area Ratio (FAR) for perimeter buildings
was reduced to 0.65, well below the 1.0 permitted. He reported non essentials have been moved off campus eliminating 400 daily trips to the campus.
Mr. Marquardt indicated there was a tremendous amount of input from staff following the submission of the Master Plan in April 1994.
Keith Appenzeller, of King Engineering, addressed the codes that apply to this master plan. He reported amendments to the plan were based on comments from City staff and the City Commission.
He stated the overall drainage was evaluated. Improvements include the replacement of 1,000 lineal feet of storm drainage pipe with 72 inch pipe to serve some drainage needs beyond
the campus. He state much of the area was developed prior to water treatment regulations. Treatment facilities will be constructed with each new building. He said the number of treated
acres will increase from 10 acres to more than 30 by the time the project is completed, five more than is required.
Mr. Appenzeller stated a landscape buffer has been planned. The Master Plan requires a minimum 10-foot wide buffer along S Ft. Harrison. In response to the neighborhood, the utility
plant was moved east of Ft. Harrison and north of Pinellas Street. He indicated care was taken to design an attractive utility plant. He indicated more details will be available prior
to second reading.
Mr. Appenzeller stated the traffic plan was based on the concept of the Master Plan. A study was completed and plans were made to meet the ultimate parking and circulation needs of
the campus.
Mr. Appenzeller reported the sanitary sewer system was evaluated. He noted the pump station would be relocated to serve this area. He said the water distribution system was adequate.
He noted he had contacted Pinellas County Emergency Medical Services regarding hurricane procedures who advised him that Morton Plan would not need to be evacuated but was designated
to receive patients.
Mr. Appenzeller noted the level of development, with a 0.68 FAR, was less than allowed. He stated they have worked to minimize the hospital's impact on the surrounding neighborhoods.
Commissioner Thomas questioned when the stormwater issue was originally brought before the Commission, what percentage of the property was being treated. Mr. Appenzeller indicated
every portion of the site that was to be redeveloped. Commissioner Thomas questioned what size area was scheduled to receive total storm water treatment prior to working with staff.
Mr. Appenzeller indicated that would be difficult to estimate. Commissioner Thomas requested a percentage. Scott Shuford stated presently 25% of the site is treated. He said the
percentage requiring treatment would increase due to code. He indicated the hospital went above what was required. He estimated approximately 66% would be eventually be treated. Commissioner
Thomas questioned it Mr. Appenzeller concurred with Mr. Shuford's statement. Mr. Appenzeller indicated he did. Mr. Marquardt noted no changes were made in the past two weeks.
Gary Singleton, of King Engineering, indicated the plan last provided the Commission did not include details of stormwater plans. The latest plans include this information.
Commissioner Thomas questioned if the hospital did any more than originally planned. Mr. Appenzeller stated they were working out details to provide a habitat enhancement at the outfall
based on staff suggestions.
Commissioner Thomas expressed concern regarding pollution from the site discharging into Clearwater Bay. He questioned what it would take to clean 100% of the stormwater from the site.
Mr. Appenzeller indicated there would need to be a system developed to treat 130 acres of property. Commissioner Thomas questioned how large a problem that would be. Mr. Marquardt
indicated in a meeting with Assistant City Manager William Baker it was agreed that more than just campus drainage would be addressed. He did not want the City Commission to think the
hospital did not deal with water treatment prior to two weeks ago. He stated the meetings did result in some enhancements.
Commissioner Thomas questioned what more could be done to reduce pollution. Mr. Marquardt indicated it was not all Morton Plant Hospital's responsibility. He noted the hospital is
treating more than 100 acres off campus.
Commissioner Thomas questioned if any more could be done. Mr. Appenzeller indicated not without removing part of the hospital or parking lot. Commissioner Berfield questioned if more
could be accomplished if the City joined with Morton Plant to treat all of the water. Mr. Appenzeller estimated a 20 acre pond would be needed to treat all of the water.
Mr. Marquardt noted many changes have occurred in the past few years regarding the treatment of water. He stated the hospital wishes to address this concern in their 10-year plan.
He said this is the first reading and indicated a long process remains.
Commissioner Thomas expressed his desire for a maximum clean up of the land. He questioned if the hospital owns submerged land capable of a large salt water marsh. Mr. Marquardt stated
if it were in conjunction with the City. Commissioner Thomas indicated he did not expect Morton Plant to do it all. Mr. Marquardt stated the hospital agreed to install a 72-inch pipe
when only a 24-inch one was required. Commissioner Thomas requested a commitment to improve the water quality. Mr. Marquardt agreed that would be fair. He indicated the hospital will
work with the City.
Commissioner Thomas requested the width of the buffering on both sides of S Ft. Harrison be balanced to match. Mr. Appenzeller stated the original 5-foot buffer on the east side was
increased to 10 feet. He felt 10 feet is generous and explained the west's buffering was 25 feet wide because of the existing trees the hospital wishes to preserve.
Mr. Marquardt stated the energy center, still in the design stage, is set back significantly. Landscaping to the building was discussed. He noted with Pinellas Street as the main
campus entrance, they do not want anything across the street that is inconsistent with the campus' design. He felt a 25-foot buffer in this area is unrealistic. Mr. Marquardt indicated
the hospital has done a lot to improve S Ft. Harrison.
The Mayor stated she was comfortable with the landscape buffering. Commissioner Deegan concurred. The Mayor noted the City would willingly work with the hospital on stormwater treatment.
Commissioner Fitzgerald questioned if what was presented already exceeds requirements. Mr. Shuford agreed. Commissioner Fitzgerald noted the Master Plan is subject to change in out
years. The Mayor agreed.
Commissioner Thomas said this is an economic issue. He recognized this large plan encompasses 44 acres. He stated the original 10 acre site expansion has deducted 30 acres of houses
from the City's tax roles. He noted Morton Plant has a contract with a recycling company other than the City. He felt it would show a good spirit of cooperation for the hospital to
work with the City. He noted the hospital is a good gas customer and wanted it on record that Morton Plant recognizes their partnership with the City and direct as much business to
the City as possible. Mr. Marquardt indicated the hospital employs a large number of people and provides an economic boost to the area. He stated he had a conversation with staff two
weeks ago regarding the City's gas and recycling services. He indicated if prices are competitive, the hospital will review it when the current contract expires in October. Mayor Garvey
noted the rates must be competitive otherwise health care costs increase.
Commissioner Deegan referred to a letter from Mr. Heald expressing concerns
regarding the location of the helicopter landing site. Mr. Marquardt indicated the site was by the harbor and not on the building as indicated in the letter. He reported an average
of ten flights per year.
Commissioner Fitzgerald moved to approve the Land Use Plan Amendment to Institutional for Parcels A, B & C; MPD Zoning for Parcels A, B, C & D; and approve Master Plan for Parcels A,
B C, & D, various properties east and west of S. Ft. Harrison Ave. and north and south of Pinellas St. for Morton Plant Hospital Association, Inc., et al. The motion was duly seconded.
Commissioner Thomas requested the hospital work with staff on the requested changes prior to the second reading. Mr. Shuford noted general agreement to include the plans for stormwater
when the Master Plan is brought back for a second reading and submit the landscaping plans for S Ft. Harrison frontage, equalizing the treatment of plant materials as much as possible.
Commissioner Fitzgerald stated these amendments to his motion were not acceptable. Mr. Shuford indicated staff would equalize the types of materials used for the S Ft. Harrison landscaping,
not the width. Commissioner Deegan felt the depth of the landscaping could not be seen from the street. He felt the hospital as gone well beyond what is required.
Commissioner Thomas requested agreements listed in Mr. Shuford's August 17, 1994 memorandum be included in the motion. Commissioner Fitzgerald questioned if Morton Plant Hospital was
aware of the memorandum. Mr. Marquardt agreed the memorandum represented an accurate consensus of discussions between the staff and hospital.
Commissioner Fitzgerald amended his motion by incorporating Mr. Shuford's August 17, 1994, memorandum. The seconder agreed.
Upon the vote being taken, the motion carried unanimously.
The Assistant City Attorney presented Ordinance #5640-94 for first reading and read it by title only. Commissioner Thomas verified that amendments made in the original approval would
be included in the Master Plan when the document was returned for second reading.
Commissioner Thomas moved to pass Ordinance #5640-94 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 Assistant City Attorney presented Ordinance #5641-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5641-94 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 - (Cont'd from 07/21/94) Public Hearing & First Reading Ords. #5638-94 & #5639-94 - Land Use Plan Amendment to Institutional for Sec. 21-29-15, M&B 12.16 & 12.17 and abutting
vacated portions of Sheridan Ave. (Parcel A), P/SP PD Zoning, and Final Site Plan for Parcel A and Westover Sub., Blk A, together with vacated portions of Watkins Rd. and Sheridan Ave.
abutting Blk A (1250 S. Ft. Harrison Ave.)(Morton Plant Hospital Association, Inc., LUP94-16, Z94-07)(CP)
The subject property, part of Morton Plant Hospital's Main Campus, is located southwest of the intersection of Pinellas Street and S Ft. Harrison Avenue. The hospital requests rezoning
the subject property in order to replace a portion of the existing Rehabilitation Center with a four story Heart and Vascular Center and to construct a parking garage the site's west
side, presently occupied by a parking lot.
The proposed amendment to the Future Land Use Plan has been submitted in order to expedite the construction of the proposed Heart and Vascular Center and associated parking. This site,
under ten acres, is eligible for expeditious review by the Department of Community Affairs. The Master Plan will have to be submitted as part of a semi-annual submission to the Department
of Community Affairs, a more time consuming process. Upon finalization of this request, this planned development district will stand alone. When the Master Plan is approved, this site,
along with all other property included in the Master Plan, will be governed by the Master Plan, in addition to the more site-specific site plan. Development Review Committee Conditions
of Approval are: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) Requisite building permits must be procured within one year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three years of the date of certification of the site plan; 3) Prior to certification, the
existing surface parking shall be clearly delineated on the final site plan; 4) Prior to certification, The minimum turning radius for designated drives and fire lanes shall be 42 feet;
5) Prior to certification, If structure requires or has installed an automatic fire sprinkler system, a fire department connection shall be installed a minimum of 15 feet from the structure,
adjacent to a paved drive and within 30 feet of a fire hydrant assembly; 6) Prior to certification, handicapped spaces shall be adjusted to meet government standards; 7) Prior to certification,
a landscape plan shall be submitted to Environmental Management; 8) Prior to the issuance of a building permit, a clearing and grubbing permit and a tree removal permit (of a no tree
verification form) are required; 9) Prior to certification, a copy of the SWFWMD permit application and calculations shall be provided to Environmental Management; 10) Prior to issuance
of a building permit, a copy of the approved SWFWMD permit shall be submitted to Environmental Management; 11) Prior to certification, the site plan must reflect the use of raised curbs
or protective timbers where interior landscaped areas abut pavement; 12) Signage shall be as specified for the Public/Semi-Public District; 13) Landscape plan shall be designed to shield
the effect of the parking garage; and 14) Surface parking shall be striped and landscaped in accordance with the requirements of the Land Development Code.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of
Community Affairs review is required.
Mr. Marquardt, attorney representing Morton Plant Hospital, indicated this was included in the previous discussion. Hal Ziecheck reported the four story building will house a cardiac
rehabilitation center, wellness center, and offices. He indicated the hospital intends to provide earlier treatment on an outpatient basis to reduce the incidents of death and disability
from heart disease. He indicated a great need for this facility.
Commissioner Thomas moved to approve a land use plan amendment to Institutional for Parcel A (Section 21-29-15, M&Bs 12.16 & 12.17 and abutting vacated portions of Sheridan Avenue);
P/SP PD zoning; and a final site plan for Parcel A and Westover Subdivision together with vacated portions of Watkins Road and Sheridan Avenue abutting Block A. The motion was duly
seconded and carried unanimously.
Bob Wright questioned if it was appropriate to pass this ordinance on first reading when the Planning & Zoning Board (P&Z) has not seen this site plan. Mr. Shuford indicated the P&Z
has seen both plans and indicated plans for the Heart and Vascular Center have not changed. Changes to the Master Plan were in response to the P&Z's comments. Mr. Wright stated the
P&Z had not yet seen the amended Master Plan. Mr. Marquardt indicated all changes were minor. Commissioner Deegan questioned if the P&Z had seen the plan in the past 30 days. Mr.
Shuford indicated they had not. Commissioner Deegan questioned if the P&Z was unaware of any changes. Mr. Shuford stated the level of detail is not significant. He indicated there
were no shifts in building location, their heights, etc. Commissioner Deegan noted under normal procedures, there was no requirement to go back to the P&Z.
Robert Kern of the Harbor Oaks Association questioned what actions were taken on the P&Z's list of eight conditions. Mr. Shuford indicated conditions a, b, d, e, and f have been met.
He noted the 10-foot buffer east of S Ft. Harrison was not listed among the P&Z conditions. Mr. Kern expressed concerns that the helicopter landing site on the plan has not been removed.
Mr. Shuford indicated the plan approved tonight includes a different landing site. He stated any change in location requires City Commission approval. Mr. Kern questioned if the heliport
would be on top of the Adler building. It was indicated it would not be.
In response to concerns expressed by Commissioner Thomas, Mr. Kern noted runoff from Belleair and Clearwater cannot be blamed on Morton Plant Hospital. He recommended construction
of a catch basis. He expressed concerns that the Comprehensive Plan would encourage people to find short cuts through Harbor Oaks, a Historic District. He questioned why Belleair was
not provided the courtesy to review these plans. Mr. Marquardt indicated the Master Plan was forwarded to Belleair on August 17, 1994. He stated since the facility is in Clearwater,
it needed to be furnished to the City first.
The Assistant City Attorney presented Ordinance #5638-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5638-94 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 Assistant City Attorney presented Ordinance #5639-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5639-94 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 - (07/21 Cont'd to no date) Public Hearing & First Reading Ord. #5597-94 - Amending Sec. 40.489 to establish new parking requirements for Bayfront Core and Eastern Corridor
subdistricts of Urban Center District (LDCA 94-06); Res. #94-57 - establishing fees for payment in lieu of providing required parking (CP)
This ordinance has been continued to allow staff to advertise the version selected by the Commission at the July 21, 1994, Commission meeting when direction was given to: 1) Retain
flexible parking options; 2) "Grandfather" parking for existing buildings; 3) Establish "suburban" parking standards for community service uses and places of assembly, but retain the
current standards for other uses; and 4) Revise or create a new resolution to establish the amount acceptable for fees in lieu of parking.
Staff also added a few use categories that also meet suburban standards: Miscellaneous public/semipublic uses; and warehousing uses. By adding these uses, the code does not need to
be interpreted to establish parking space standards for uses such as libraries, museums, galleries, private clubs and lodges, commercial marinas and hospitals. Provision is also made
to allow the development code administrator to determine parking requirements for other, unlisted uses; this stylistic addition is in keeping with the language in the "suburban" parking
standards.
James Bond, representing the Scientologists, felt the ordinance is mainly concerned with plans for their auditorium. The Mayor stated the ordinance is not designed to address any specific
Downtown development but was to deal with the reality of Downtown parking needs.
Commissioner Thomas moved to approve a land development code amendment establishing new parking requirement for the Bayfront Core and Eastern Corridor subdistricts of the Urban Center
District. The motion was duly seconded. The Mayor questioned why the ordinance is retroactive. Mr. Shuford stated that was to take into account a delay in action.
Upon the vote being taken, the motion carried unanimously.
The Assistant City Attorney presented Ordinance #5597-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5597-94 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 Assistant City Attorney presented Resolution #94-57 and read it by title only.
Commissioner Thomas questioned how the $3,500 fee compared to the cost of building a parking garage. Mr. Shuford indicated this fee represented an average of the cost of surface and
structure parking. Commissioner Thomas questioned the cost of a space in a parking garage. Mr. Shuford estimated the cost at between $4,500 and $6,000 depending on the size of the
garage. Commissioner Thomas suggested raising the fee to $4,500. Mayor Garvey recommended keeping the $3,500 fee.
Commissioner Berfield noted these fees will accumulate as part of the CIP. The City Manager noted the funds would have to be for parking improvements. Commissioner Berfield suggested
the City could build another parking garage. Mayor Garvey noted the City could build surface parking. Commissioner Thomas felt with limited land, a garage should be built. Commissioner
Deegan agreed $4,500 should be the minimum fee. Mayor Garvey indicated she did not want development to be hindered.
Commissioner Thomas moved to amend Resolution #94-57 to include a change in the fee listed in Section One to $4,500. The motion was duly seconded. Upon the vote being taken, Commissioners
Berfield, Fitzgerald, Deegan and Thomas voted "Aye," and Mayor Garvey voted "Nay." Motion carried.
Commissioner Thomas moved to adopt Resolution #94-57 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, and Thomas.
"Nays": Garvey.
Motion carried.
ITEM #12 - Second Reading - Ord. #5660-94 - RPD-C Zoning for property located at 3160 McMullen Booth Rd., Sec. 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 & 23.13, 17.3 acres m.o.l., accept
staff recommendation to accept fee instead of land to meet Open Space/Land Dedication requirement, and Final Site Plan for Landmark Manor (McCullough, Z94-04)
The applicants propose to develop 21 single family homes and incorporate their existing home into the development, for a total of 22 lots on the 17.3 acre parcel, for a density of 1.27
dwelling units per gross acre. Entrance into the subdivision is proposed to be from Landmark Drive. The planned bridge over the northern portion of the retention pond south of Turtle
Brooke and adjacent to Landmark Drive will require an easement to be conveyed by the Eagles Glen Condominiums. All roads in the subdivision will be private, but will be constructed
to City standards. The subject property was annexed into the City on December 17, 1992.
The Parks and Recreation Director recommends that the City accept 4% of the value of the developable upland area in cash in lieu of dedication of land for parks, as there are no existing
parks nearby to add the land to and the area would be too small to stand alone as a park.
The Development Review Committee (DRC) and Planning & Zoning Board (P&Z) conditions of approval are: 1) signs and fencing/walls are subject to separate review and permitting processes;
2) requisite building permits must be procured within 18 months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within
three years of the date of certification of the site plan; 3) the related final plat shall be recorded within one year from the certification date of the preliminary plat or prior to
issuance of a certificate of occupancy, whichever comes first; 4) a fire hydrant assembly shall be installed not more than 300 feet from any structures; 5) prior to certification, a
copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 6.) prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be
provided to Engineering Site Plan Review; 7) prior to certification, the final site plan must be signed and sealed by a Professional Engineer registered in the State of Florida; 8) all
streets are to be 30 feet back of curb to back of curb; 9) a 4-foot sidewalk is to be constructed adjacent to all streets; 10) the swale between lots 6 & 7 should be eliminated and stormwater
should be piped to a ditch at the rear of lots 8 & 9; 11) floor slab elevation and lot grading is to be shown on each lot prior to approval of construction plans; 12) entrance road is
to be moved to the south so the center line of Wessex Way and the proposed entrance road are 65 feet apart and left turns on Landmark Drive will not conflict. The double curve on the
entrance road can be eliminated and the road can be more perpendicular to Landmark Drive; 13) prior to issuance of a building permit, applicant shall acquire a clearing and grubbing
permit and a tree removal permit (or a no tree verification form) from Environmental Management; 14) prior to issuance of a building permit, applicant shall provide to Environmental
Management and Engineering an approved copy of all necessary local, state and federal permits that may be required; 15) prior to certification, a tree survey showing all protected trees
within the street right-of-way, retention area and mitigation area, plus all trees greater than 10- inch DBH on the remainder of the site, shall be submitted to Environmental Management;
16) applicant shall contact Parks & Recreation for the required recreation/open space assessment fee to be paid prior to certification; 17) an easement for the bridge shall be obtained
from Eagles Glen Condominiums; and 18) the bridge design shall be done in substantial conformance with the drawing submitted by Mr. McCullough at the July 19, 1994, Planning and Zoning
Board meeting.
Commissioner Berfield questioned if this final site plan was based on an easement being conveyed. Mr. Shuford agreed it was contingent on the easement being obtained.
Commissioner Deegan moved to approve RPD-C zoning for the subject property; accepting a fee instead of land to meet the Open Space/Land Dedication requirement; and the final site plan
for Landmark Manor subject to the conditions previously stated. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5660-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5660-94 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 #13 - Second Reading Ord. #5634-94 - Land Use Plan Amendment to Commercial General for property located at 1914 Atlantis Dr., Sunset Point Estates, Blk A, Lot 22, 0.14 acres m.o.l.
- Amends the effective date of Ord. #5526-94 (Touchette, A93-27, LUP93-36)
The subject property on the west side of Atlantis Drive is one block east of Old Coachman Road and approximately 275 feet north of Sunset Point Road. The applicant annexed the property
into the City in order to expand his existing building (Flower's Bakery) on the three lots to the south. The lot is undersized for a General Commercial district, but it will be used
in conjunction with the three lots to the south. The combined area of the lots far exceeds the dimensional requirements for lots in the General Commercial district. Parking for the
Little People's Place (day care center) is directly across Atlantis Drive to the east and directly to the west, behind the subject property, is a retail business (Renate's Boutique).
Buffering requirements between commercial and residential property should mitigate possible problems for the single family residential property directly to the north. With parking
across the street and retail business to the rear, the property is poorly suited for residential development. The land use and zoning change should not be detrimental to the neighborhood.
Don Touchette, owner of the property, reported he is developing a warehouse on the property for Flowers Bakery.
Commissioner Deegan referred to previous citizen complaints regarding semi-trailer trucks traveling into the residential area of Atlantis Drive. He noted the first time Mr. Touchette
addressed the Commission, he indicated the trucks would not be traveling north on Atlantis. Mr. Touchette stated the trucks will load from an area in the center of the building. He
noted though his building will expand 55 feet, a 40-foot buffer will remain between the building and residential properties.
Commissioner Deegan reiterated complaints he had heard regarding trucks traveling north on Atlantis. Mr. Touchette stated he has never seen that happen as the preferred route would
be east on Sunset Point to US 19.
Mr. Shuford indicated a conditional use permit will be required to expand the warehouse. Mr. Shuford indicated staff will review the design on the site to prevent semi-trailer trucks
from traveling north on Atlantis.
Commissioner Deegan questioned when the semi-trailer trucks unload. Mr. Touchette indicated they unload on the building's north end twice a day. Commissioner Deegan questioned the
time of that action. Mr. Touchette indicated the morning delivery is between 6 and 7 a.m. Commissioner Deegan questioned if the trucks drive off the property. Mr. Touchette stated
he did not think they did. Commissioner Deegan questioned if the Conditional Use permit could addressed the problem of disturbing the neighbors. Commissioner Berfield
suggested a sign be erected on Atlantis forbidding truck traffic in the neighborhood. Mr. Shuford agreed signage may help.
Commissioner Deegan noted the P&Z was apparently satisfied that Mr. Shuford's recommendations would address neighborhood concerns.
Commissioner Deegan moved to approve an amendment of the effective date of Ordinance #5526-94 which established a land use plan category of Commercial General for the subject property.
The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5634-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5634-94 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 #14 - (Cont'd from 07/21/94) Public Hearing & First Reading Ord. #5618-94 - Amending Sec. 40.463, to establish churches as a permitted use in the CC zoning district, amending Sec.
40.465, to establish use limitations for church uses in the CC district (LDCA 94-11)(CP)
Mose Smith, pastor of a small church at the corner of Palmetto and Vine Streets in N Greenwood contacted staff regarding a possible code amendment to allow churches in the Commercial
Center zoning districts.
Staff feels the ordinance is justified with limitations placed on the amount of floor area in a shopping center or commercial center that could be occupied by a church. The ordinance
provides a 10% limitation of total gross floor area for church uses in shopping centers or commercial centers.
Commissioner Fitzgerald moved to approve a land development code amendment establishing churches as a permitted use in the Commercial Center zoning district and to establish use limitations
for such. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5618-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5618-94 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 #15 - Public Hearing re: Clearwater's intent to exercise its municipal powers to construct a municipal gas system into Pasco County
Ansley Watson, attorney representing Peoples Gas, felt the proposed actions of the
Clearwater Gas System are beyond municipal powers. He questioned if the City Commission was aware the Public Service Commission (PSC) has jurisdiction over this territory dispute.
He reported the petition filed by Peoples Gas for a ruling is scheduled for a January 6, 1995 hearing date. He expressed confidence the PSC would prohibit the City from extending into
Pasco County.
Mr. Watson reported the City advised the FGT of plans to construct a new delivery gate in Pasco County. He indicated Peoples made a similar request two weeks later. He inferred the
FGT was unlikely to approve either request during a territorial dispute. If the City's request is approved, he has recommended that Peoples go to court for an injunction until the territorial
dispute is resolved. He felt further action by the City would be premature and recommended the City not proceed.
Chuck Warrington, Managing Director of the Gas System, reported the bond issue request covered both Pasco County and the remaining expansion in Pinellas. He reported staff has discussed
Peoples' petition with legal counsel and believes this is within the City's rights. He expressed his desire to proceed with the validation, etc. He noted waiting would result in further
delays in construction.
Mayor Garvey questioned the difference in extending into Belleair versus Pasco County. Commissioner Thomas requested a legal opinion. Grace Dunlap, City Bond counsel, reported she
has been in close contact with Interim City Attorney Alan Zimmet. She stated their belief is the City has the right to expand into Pasco County. Ms. Deptula noted the purpose of the
validation hearing was to receive a judge's opinion. She indicated staff believes the City will prevail in this territorial dispute.
Bob Wright stated he was confused about the amount of the bonds. He noted the original approval for $25 million was increased in Spring 1994 to $35 million. He stated the issuance
of $8.25 million for Pinellas County was approved on August 15, 1994. He questioned why this new request was for $26.75 million. The Mayor indicated the $8.25 million request plus
this request equals $35 million.
Joe Evich stated his support of the gas system's expansion into Pasco. He felt the municipal purpose was to reduce taxes. He questioned what the cost would be if the City lost the
Pasco franchise. He questioned if the bond issue could be stopped. He requested the City Attorney's opinion be included on the record. He expressed concerns that the City might spend
from $2 to $3 million and then lose. The Assistant City Attorney stated the last time he spoke with Alan Zimmet, the Interim City Attorney indicated this action was within Municipal
Power.
Mayor Garvey questioned how long it would take to advance through this process. Bonnie Wise stated the validation process would take 90 days. Ms. Deptula indicated the City is negotiating
a franchise with Pasco County. She questioned if costs are being incurred. Ms. Wise stated certain costs are related specifically to the issuance of bonds. Earlier legal costs are
nominal.
ITEM #15a - Not a public hearing - First Reading Ord. #5665-94 - providing authority for issuance of not exceeding $26,750,000 Gas System Revenue Bonds (1994B Project), to
provide for Gas System additions, extensions, supplements and replacements (AS)
The 1994B Gas System Revenue Bonds will be issued, following validation, in more than one series as the need for capital financing warrants. The initial series of the 1994B bonds will
be issued for $8.3 million to accommodate the first two years capital expenditure budget (FY 1994/96) for the Pasco County portion of the Clearwater Gas System Strategic Plan.
The authorized, not to exceed amount of $26.75 million has been set conservatively to accommodate the cost of issuance, reserve requirement funding, and project cost changes. Any portion
of the authorized amount not needed will be canceled. The motive to authorize the total amount at this time (rather than to authorize each series independently) is to minimize the time
and cost of issuance, especially as related to the validation process.
Commissioner Thomas moved to approve providing authority for issuance of not exceeding $26,750,000 Gas System Revenue Bonds (1994B Project), to provide for Gas System additions, extensions,
supplements and replacements. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5665-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5665-94 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #16 - Ord. #5643-94 - Annexation for property located at 1312 Woodbine St., Pine Ridge Sub., Blk B, Lot 13, 0.18 acres m.o.l. (Jones, A94-15)
The Assistant City Attorney presented Ordinance #5643-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5643-94 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 #17 - Ord. #5644-94 - Land Use Plan Amendment to Residential Low for property located at 1312 Woodbine St., Pine Ridge Sub., Blk B, Lot 13, 0.18 acres m.o.l. (Jones, LUP94-17)
The Assistant City Attorney presented Ordinance #5644-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5644-94 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. #5645-94 - RS-8 Zoning for property located at 1312 Woodbine St., Pine Ridge Sub., Blk B, Lot 13, 0.18 acres m.o.l. (Jones, A94-15)
The Assistant City Attorney presented Ordinance #5645-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5645-94 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. #5649-94 - Annexation for property located at 1231 Keene Rd., Meadow Creek Sub., Blk C, Lot 1, 0.26 acres m.o.l. (Crawford, A94-16)
The Assistant City Attorney presented Ordinance #5649-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5649-94 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. #5650-94 - Land Use Plan Amendment to Residential Low for property located at 1231 Keene Rd., Meadow Creek Sub., Blk C, Lot 1, 0.26 acres m.o.l. (Crawford, LUP94-18)
The Assistant City Attorney presented Ordinance #5650-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5650-94 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. #5651-94 - RS-4 Zoning for property located at 1231 Keene Rd., Meadow Creek Sub., Blk C, Lot 1, 0.26 acres m.o.l. (Crawford, A94-16)
The Assistant City Attorney presented Ordinance #5651-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5651-94 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. #5659-94 - providing for the issuance of not exceeding $12.5 million Improvement Revenue Bonds to pay a portion of the cost of the Municipal Services/Public Safety and
Police Complex
George Kelly stated there was no public input regarding this issue. He read his letter into the record and stated he will be pursuing his objections for the Commission avoiding a referendum.
Joe Evich questioned how the bonds would be funded. He noted no ad valorem taxes could be used. He expressed concerns that pursuing revenue bonds and utility taxes was the long way
around in raising capital. He felt the Commission was skirting the Charter's intent. He noted the facility will not generate revenues and half the funds have already been raised.
Mayor Garvey responded to Mr. Kelly's statement that there was no need for a new Police Department or City Hall. She noted the need for a new City Hall had been discussed for years.
She indicated the Police Department building is a horrible place to work.
The Assistant City Attorney presented Ordinance #5659-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5659-94 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan, Thomas and Garvey.
"Nays": Fitzgerald.
Motion carried.
Commissioner Fitzgerald said he voted no because he was against proceeding with this project when the citizens were denied their promised opportunity to vote.
ITEM #23 - Ord. #5663-94 - Vacating westerly 1' of the 10' drainage & utility easement lying along the easterly side of Lot 13, Blk D, Shady Oak Farms Sub. (Allorto/Ware & Mayes, V94-07)
The Assistant City Attorney presented Ordinance #5663-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5663-94 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 Commission recessed from 11:31 to 11:40 p.m.
ITEM #24 - Special Items of widespread public interest
a) Pier 60 - park/pool
Terry Jennings, Chief Engineer, stated the site plan in the Request for Proposal (RFP) packages includes a request for a tower and restaurant. He indicated staff is reviewing alternate
locations for the pool on N Clearwater Beach at Rockaway Park, the Clearwater Beach Recreation Center, or McKay Playfield. Ms. Deptula noted the estimated high costs of renovating the
current pool. Mayor Garvey noted if the pool were to remain beachside, blowing sand would be a problem. Ms. Deptula requested a decision as she hoped to mail the RFPs on Monday.
Kathy Konnig stated she has lived on the beach since 1976. She stated her wish that the pier pool remain open and be run by the City. She noted the person leasing the property has
inflated the rate to $4.50 per person. She noted the difficulty in finding the pool when residents are unaware of its existence. She indicated she has a petition to keep the pool open.
She felt if it were managed properly, it would be a great benefit for the community. She agreed if the current location is not appropriate, she would support an alternate beach site.
Allison Kennedy agreed with Ms. Konnig's statement. She agreed another beach location would be fine. The Mayor reported the cost to renovate the pool was estimated between $300,000
and $660,000.
Lorelei McMillen agreed with Ms. Konnig. She said she uses the pool every summer. She works from 9 a.m. until 1 p.m. and is unable to use the pool during City recreation times. She
expressed a need for reasonable rates.
Kathleen Dodd stated she and her two children use the pool. She indicated she knows of neighbors who participate in the exercise classes. She felt it would be a tragedy to lose the
facility. She stated motel owners with pools on the beach have little problem with blowing sand when they use plants as natural barriers.
Sheila Cole of the Island Estates Civic Association requested the Commission keep the pool.
Anne Garris of the Clearwater Beach Association noted their recommendation in August 1993 that the pier pool be operated as a City pool. She stated the majority of her board reiterated
this request in August 1994. She noted Clearwater Beach, as an older community, has begun to deteriorate. She felt the beach community was not asking for funding not offered to other
sections of the City. She stated the pool has been there for 40 years and it would be unfair to residents if it was removed.
Bob Wright indicated maintaining the pool would be a headache after the buildings were razed. As a member of the Budget Advisory Committee, he expressed his concerns about the pool's
requirement for additional City personnel. He felt if it were in conjunction with a recreation center, the required increase would be minimal.
Mayor Garvey reported the annual cost of operating the pier pool, after repairs, was estimated at $200,000.
Commissioner Thomas noted the concept was established to provide a clear vista as one approached the beach. He expressed concerns regarding the importance of the placement of the tower
on the site so this view is not interrupted. Mr. Jennings indicated the drawings were included to provide the "flavor" of the proposed development. Commissioner Thomas noted the concession
stand's location should be south of the pier. He stated the tower in the illustration blocks the view of the beach. He reiterated the importance of providing openness on the site plan.
Mayor Garvey questioned if the Commission wanted a tower. Commissioner Deegan agreed they did. The City Manager reported the RFPs were going out with a note that the sketch is subject
to rearrangement.
Commissioner Berfield suggested the RFP list the components and the property's size and let the bidders design the arrangement. Commissioner Thomas requested the instructions include
a desire for a view corridor. Commissioner Deegan expressed concern regarding how much land would be taken to establish a view corridor. Commissioner Thomas suggested establishing
a maximum size for the tower's base. Commissioner Deegan agreed this to be appropriate.
The City Manager reported this first phase of the process to develop an observation tower/restaurant will determine qualified bidders. At that point decisions can be reached regarding
the tower base's size, the use of tropical seascape, and other flexible issues.
The Mayor stated the two issues were the tower and the conceptual design. Commissioner Deegan noted the Commission had already said they wanted a tower. He noted other amenities such
as the playground, concession stand, and landscaping needed to be addressed. He noted the need to deal with the parking issue.
Commissioner Thomas suggested the drawn illustration in the RFP include an aerial view of the surrounding streets, parking lots, Pier 60, etc. and permit the developers to fill it in.
Mr. Jennings questioned if the RFP should include a rendering of the tower. Consensus was the RFP should include that as well as information regarding other amenities. The RFP will
not include a concept plant but rather a depiction of the area.
Commissioner Thomas questioned if the pool could be located at the Clearwater Beach Recreation Center. Art Kader, Assistant Director of Parks & Recreation, indicated there was room
at that location but it may infringe on the basketball court. Commissioner Thomas said managing the pool would be easier if it was located at the recreation center. He questioned if
the $250,000 budgeted for a bathhouse could be eliminated by utilizing part of the recreation center for this purpose. Mr. Kader reported the building is inadequate as code requires
the pool facility provide six water closets for women.
Commissioner Thomas found fault with the size of the proposed pool. Mr. Kader indicated the size considered was similar to the Ross Norton Pool. Commissioner Thomas noted the new
tendency in pool construction is lap pools with no deep ends, no diving boards, and no slides. He recommended the pool be built after a survey indicates how many residents would use
the facilities. He agreed there was a need for a pool but felt a smaller size would be
more practical as the facility is for the residential community and not the tourists. He recommended a down sized pool be built at the recreation center. Mr. Kader said a smaller pool
could be built, but indicated it would have to meet specific depth requirements if swim meets were to be hosted there.
Commissioner Deegan agreed beach residents need a pool but also noted small motel owners also have a need for this facility. He concurred with the recommendation to locate the pool
at the Clearwater Beach Recreation Center where City staff is already present to hold down costs. He questioned if the petitioners were willing to consider an alternate location. He
spoke in opposition to retaining the pool facility by Pier 60. He recommended a separate enterprise fund be established for the Pier 60 area and funds generated by that property be
used to construct the new pool facility.
Commissioner Fitzgerald questioned the time frame being recommended. Commissioner Deegan indicated the first agreement that needed to be reached was whether or not to build the pool.
Commissioner Fitzgerald stated he understood the arguments and agreed the current pool does not conform with the idea of an open Pier 60 area. He objected to agreeing tonight to build
a $600,000 pool without first fleshing out the suggestion. He felt a $0.25 million estimate seemed excessive for a bathhouse. Commissioner Fitzgerald recommended this item be included
in the CIP, but not necessarily this coming fiscal year.
Commissioner Thomas stated the cost of building a 30 by 50 foot pool, 3- 4 feet deep would cost between $50,000 and $60,000. Steve Miller, Recreation Superintendent, said he would
not recommend a pool less than 75 by 40 feet. He stated he was unable to estimate an exact cost but indicated it would cost less than $600,000. Commissioner Thomas noted this would
be more of a neighborhood pool. Commissioner Deegan questioned the dimensions of the Holt pool. Mr. Miller reported it was 75 by 40 feet and had deep ends. He said a smaller pool
would limit its capacity.
Commissioner Deegan stated one of the reasons he was willing to speak in favor of building a pool in another location is the estimated high cost to repair the present facility. He
questioned if Commissioner Thomas would be willing to approve a new pool as long as it costs no more to construct than the estimate to renovate the Pier 60 pool. Mr. Miller noted a
request for a bathhouse and service building may have to be separate.
Mayor Garvey questioned if the Commission wants the present pool to remain at Pier 60. Commissioner Deegan said not as long as there is somewhere else it can be placed. Commissioner
Thomas recommended the recreation center location. Commissioner Fitzgerald stated the location depended on the cost.
Consensus was there is need for a pool for people in that area. Commissioner Deegan added that it should be placed in the best location.
Commissioner Thomas questioned if money could be raised from impact fees. Mr. Kader indicated the funds were spent on the rehabilitation of the recreation center. He reported the
City recently received $20,000 that could be used if it is within the required radius.
Commissioner Thomas stated he wanted this project included in next year's program if possible. Mayor Garvey recommended it be included in the five year CIP budget. Commissioner Deegan
felt it should be done sooner, not in an outer year.
Commissioner Thomas requested the City Manager bring back this item for discussion of when it will be built and how it will be budgeted. He felt it important to definitely stated where
and when it will be constructed. Commissioner Deegan recommended an estimated amount be allocated and included in the CIP Budget to be approved next month. Commissioner Fitzgerald
disagreed with arbitrarily reaching a decision that will be locked in concrete. Commissioner Deegan said it may be possible to find the money in time to discuss it for the 1994/95 CIP.
Ms. Deptula indicated she did not have an estimate of future impact fees. Mr. Kader stated he would review the impact fees and develop plans.
Commissioner Thomas recommended money from the tower could provide another funding source. Commissioner Deegan felt that recommendation would be appropriate.
Commissioner Berfield suggested those developing the tower could help with the relocation of the pool. She expressed concern regarding the need to replace the pool they are removing.
She felt a five year time frame for its replacement was unfair and two years was enough time. Commissioner Berfield agreed with locating it at the Clearwater Beach Recreation Center
and treating it as any other City pool.
Consensus was to operate it as other City pools are operated.
Commissioner Deegan moved to commit to the construction of a pool on Clearwater Beach to replace the Pier 60 pool for an amount not to exceed $300,000. The motion was duly seconded.
Commissioner Deegan argued strongly that the project should commence within a 24-month period. The City Manager recommended using input fees for the planning process, adding the construction
to the FY 1995/96 budget. Funds would be from revenues provided by the Pier 60 project.
Commissioner Berfield questioned how money could be collected prior to the Pier 60 project being built. Ms. Deptula suggested the relocation of the pool could be included in the cost
of awarding the tower contract.
Commissioner Deegan amended his motion to commit to the construction of a replacement pool on Clearwater Beach for a sum not to exceed $300,000, to be put into the CIP, to be constructed
in FY 1995/96 and initial funding for plans will come from impact fees during FY 1994/95. The seconder agreed with the amendment. The Mayor stated she was against the time frame.
Commissioner Fitzgerald indicated he opposed it because he did not understand the proposal.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted "Aye;" Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
Commissioner Deegan moved to continue the meeting past midnight. The motion was
duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted "Aye;" Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
ITEM #25 - Citizens to be heard re items not on the Agenda
Anne Garris, representative for the Environmental Advisory Committee (EAC), reported the Clearwater Marine Science Center has discussed selling their property, the northern 40 acres
of Clearwater Beach between the last house and Caladesi Island. She recommended the City consider purchasing the land.
Ms. Garris stated the EAC supports plans for a Downtown lake park. The EAC did not consider the proposal for a bayside nursing pavilion appropriate. The EAC endorses the staff's study
of the mangroves on the causeway. They felt the City should take the lead in the State to permit local regulation of mangroves.
David Campbell requested the Commission allow individuals not pre-registered to speak if time remains in the 30 minute period allotted for Citizens to be Heard re Items not on the Agenda
at the beginning of the meeting. The consensus was to review this procedure.
Commissioner Deegan questioned if Mr. Campbell had been notified regarding his request to address the sign code issue. Mr. Campbell indicated he canceled his request because item #29
this meeting's agenda will address the issue.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #26-27) - Approved as submitted.
ITEM #26 - Receive/Referral - revised application for CPD Zoning and revised conceptual Site Plan for 1297 S. Missouri Ave., F.E. Hanousek's Sub., portion of Lots 11 & 12, 8.57 acres
m.o.l. (Sears Roebuck & Co., Z94-05)(CP) Conceptual Site Plan to go to the DRC for review with the Final Site Plan to be returned to the Commission for approval.
ITEM #27 - Extension of contract for purchase of Police Department uniforms and related equipment with Martin's Uniforms, Tampa, FL, for the period 07/16/94- 07/15/95, at an amount not
to exceed $85,000 (PD)
Commissioner Thomas 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 #28 - Preliminary Site Plan for Park Place Outparcels, located on N side of Gulf-to-Bay, on the E & W sides of Park Place Blvd. (Lincoln Commercial Properties, Inc.)(CP)
The applicant proposes to construct four separate restaurants on four separate lots with associated parking and landscaping. One stormwater retention pond (parcel E) serves the proposed
lots (Parcels A, B, C, and D). The applicant will be required to plat the property for
signage purposes, and a Declaration of Unity of Title will be filed prior to issuance of building permits. The subject outparcel properties are included in the Park Place Development
of Regional Impact (DRI) Development Order. The restaurants will front Gulf-to-Bay Boulevard and will be required to file cross access agreements for optimum internal traffic circulation.
The applicant is requesting two new driveway points of access from Gulf-to-Bay Boulevard to serve the sites. Since Gulf-to-Bay is a State road, it is up to the Florida Department of
Transportation (FDOT) to determine if this access agreement is appropriate. If FDOT denies the proposed access arrangement, some site plan modification will be necessary, but the general
configuration would not significantly change. Preliminary conditions are: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) Requisite building permits
must be procured within one year from the date of certification of the final site plan and all requisites certificates of occupancy must be obtained within three years of the date of
certification of the site plan; 3) The related final plan shall be recorded within one year from the certification date of the preliminary plat or prior to issuance of a certificate
of occupancy, whichever comes first; 4) The dates and conditions for approval by the Planning & Zoning Board for conditional use approval and the Development Code Adjustment Board for
variance approval shall be provided on the preliminary plat/site plan prior to certification; 5) A Unity of Title shall be recorded prior to certification of the site plan; 6) The minimum
turning radius for designated drives and fire lanes shall be 42 feet; 7) If structure requires or has installed an automatic fire sprinkler system, a fire department connection shall
be installed a minimum of 15 feet from the structure, adjacent to a paved drive and within 30 feet of a fire hydrant assembly; 9) Prior to certification, the Dumpster Requirement Form
must be completed and returned to the City Sanitation Department; 10) Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually screened, and gates
must be provided with a minimum 12-foot clear opening to the front for access by Sanitation trucks; 11) prior to certification, a copy of the SWFWMD permit application is to be provided
to Engineering Site Plan Review; 12) Prior to issuance of a building permit, a copy of the approved SWFWMD permit is to be provided to Engineering Site Plan Review; 13) Prior to certification,
the final site plan must be signed and sealed by a Professional Engineer registered in the State of Florida; 14) A Pinellas County Public Health Unit Permit, Ingress/Egress and a 10-foot
Utility Easement over the proposed water mains up to and including meters, backflow prevention devices and hydrants are required prior to the issuance of a Building Permit; 15) Backflow
prevention devices must be installed by the City with applicable fees being paid by the owner; 16) Sidewalks are required adjacent to all street rights-of-way; 17) Handicap spaces must
be adjusted to meet government standards. 18) Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer; 19) Dimensions to be shown on the plan to denote
measurements for aisles, parking stalls, entrances, etc.; 20) Prior to certification, all protected trees shall be shown by size, species, and location; 21) Prior to certification, all
required perimeter landscape buffers shall be dimensioned; 22) Prior to certification, the total paved vehicular use area and total interior landscape area calculations shall be expressed
in square feet and as a percentage of the overall site in the site plan data block; 23) Prior to certification, all required parking lot interior landscape areas shall be depicted by
shading or cross-hatching; 24) Prior to certification, a landscape plan shall be submitted to Environmental Management; 25) Prior to the issuance of a building permit, a clearing and
grubbing permit and a tree removal permit (or a no tree verification form) are required; 26) Prior to certification, a copy of the SWFWMD permit application and calculations shall be
provided to Environmental Management. 27) Prior to issuance of a building permit, a copy of the approved SWFWMD permit shall be submitted to
Environmental Management; 28) Prior to certification, the site plan must reflect the use of raised curbs or protective timbers where interior landscaped areas abut pavement; 29) The
applicant shall submit a recorded copy of a Declaration of Unity of Title prior to issuance of a building permit; 30) Prior to certification, the applicant shall obtain FDOT access approval
for the proposed driveway arrangement, or otherwise modify the site plan; 31) Park Place Boulevard shall be constructed and aligned to connect with the existing Boulevard link located
to the north, on the American Cyanamid/Storz property prior to the issuance of any certificates of occupancy for any of the restaurants.
As the lots are heavily wooded, the City's Environmental Management Group has worked closely with the developer to retain as many mature trees as possible.
Mr. Shuford expressed hope that concerns regarding the interconnection of Park Place Boulevard could be worked out during the review stage. He is requesting receipt and referral tonight
with the understanding that the site plan will come back to the Commission for final approval.
Commissioner Fitzgerald questioned how many parcels were being addressed. Mr. Shuford indicated restaurants are planned for four lots, with the fifth parcel specified as a retention
pond.
Tim Johnson, attorney representing the applicant, questioned when the proposal would come back. Mr. Shuford stated the earliest would be September 15, 1994. Mr. Johnson questioned
why it could not come back in two weeks. Mr. Shuford indicated the need to get a DRC and meet scheduling rules. Mr. Johnson requested the final site plan be brought back at the September
1, 1994, meeting. Commissioner Deegan noted the need for agreement from FDOT prior to final approval. Mr. Shuford stated final approval was possible as long as it was understood FDOT
could require realignment of the drives.
Commissioner Deegan recommended the scheduling deadline be waived. Commissioner Thomas questioned the paperwork on the four restaurants. Mr. Johnson indicated immediate plans now
call for the construction of three restaurants. Use of the fourth parcel is undetermined.
Commissioner Thomas moved to receive the preliminary site plan for Park Place Outparcels and to authorize the DRC to approve a final site plan subject to the conditions previously stated
with the added condition that if the applicant does not choose to provide the Park Place Boulevard extension, the plan will be returned to the Commission for final action on September
1, 1994. The motion was duly seconded and carried unanimously.
ITEM #29 - Report on Neon Lights and Lighted Sign Poles - direction requested re not pursuing further regulation of neon lights or regulation of freestanding sign bases and for staff
to prepare an ordinance regulating lighted sign poles/structures (CP)
In response to recommendations from individual members of the Code Enforcement Review Task Force and the Task Force itself, the Commission directed staff to research the
impact of: neon lighting and lighted sign poles.
Staff's investigation of neon lighting reveals a relatively limited problem. Since the Commission's last review, staff is aware of only one "neon lighted sculpture" being erected.
The "sculpture" at Fat Tuesdays on Clearwater Mall property consists of three palm trees outlined with neon lighting.
Other forms of exposed lighting have been installed, including small "Christmas tree lights" in landscaping in Downtown Clearwater. Should the Commission wish to pursue further regulation
of neon lighting (exposed bulb lighting), staff recommends exempting this and similar lighting displays from the code.
The Code Enforcement Review Task Force brought up two concerns regarding lighted pole signs. First, concerns were expressed about the "bonus" in perceived sign areas associated with
lighted poles such as the Church's Fired Chicken sign on Gulf to Bay Blvd., various McDonald's signs, and the Century 21 Real Estate sign on Court Street. Staff examined this situation
and finds the use of lighted sign poles infrequent. However, the effect can be dramatic, as evidenced by several of the signs.
With few examples of the lighted sign pole situation, staff fells regulation of this issue is relatively simple. Should the Commission direct staff to prepare a code amendment, staff
suggests counting all directly or internally lighted portions of a sign structure as part of the allowable sign area (indirect lighting of a sign by shining a light on it would not be
regulated). Creative uses of sign pole lighting would not be impeded but such practices would be kept in scale with signs on surrounding properties. Existing lighted poles could be
"grandfathered," since they are few in number.
The Task Force felt the intent of the sign code was violated by large bases on freestanding signs. It is staff's impression that signs utilizing some form of enlargement of the base
are generally more attractive than those simply attached to poles. Businesses attaching extra signage to the bases has been a problem, but such actions are generally so obvious as to
be readily enforceable. Staff is concerned attempts to regulate these situations will result in decreased aesthetics rather than the reverse. Staff is concerned about adding another
layer of restrictive code requirements after substantially completing our survey of commercial areas in the City for sign code compliance. Even if existing signs are "grandfathered,"
there will be significant record keeping problems if enforcement is to be consistent and fair.
Should the Commission choose to pursue regulations, staff recommends qualifications to the regulations to ensure they achieve their purpose without limiting flexibility and creativity
in sign design and attractive lighting displays. It was noted that it will be difficult to draw up regulations to achieve this balance except in the case of the lighted sign poles.
Mr. Shuford discussed the neon lighting installed at Fat Tuesdays. He expressed concerns that regulations do not unintentionally adversely affect legal signs. He stated few signs
in the City had lighted bases. He indicated staff felt regulating sign bases was not
appropriate. He noted some large sign bases are attractive. He indicated he could support regulating sign bases if existing signs can be grandfathered. He requested the Commission
give direction if they wish neon to be regulated so staff can develop language. He recommended counting lighted sign bases as part of the sign area.
David Campbell concurred this was a tough problem. He felt although bases may be attractive, they should be regulated. Mr. Campbell expressed concerns regarding the Second Chance
lighted sign. He reported the three sets of flood lights on that property are pointed toward traffic and blind passing drivers. He noted how the size of that sign included extra height
and width. He agreed with the recommendation that anything lit should be counted toward the signage. Mr. Campbell stated if existing lighted signs are grandfathered, they would have
to comply is they are modified.
Mr. Campbell expressed concerns regarding the visual pollution on Gulf to Bay. He indicated a need to halt the escalation of sign size.
Commissioner Thomas expressed concern that it was 1:00 a.m. and neither Mr. Campbell or Mr. Zinzow who were here to address the Commission are business owners. He noted his wish to
discuss this issue at a decent hour with advance notice of the Public Hearing so the community can discuss it. Mr. Campbell stated his concern regarding those who are taking advantage
of the spirit and meaning of the law. The Mayor expressed concern but felt there was not enough of a problem to call it one.
Commissioner Thomas moved to continue this item to October 6, 1994, and to advertise the Public Hearing.
Bill Zinzow stated the business community has had an exceptional amount of voice in this matter. He questioned how Second Chance received a permit for their sign when it is higher
than permitted by code. He noted his concern with controlling ugly signs with large bases that exceed the size of the message on the sign. He felt, as he recommended months ago, that
regulations address this issue.
Commissioner Thomas felt both sides should be heard. Mr. Campbell indicated this item was scheduled on tonight's agenda and the business community chose not to attend.
Commissioner Berfield recommended, if it was the consensus, to direct staff to prepare an ordinance, advertise it, and schedule it early on a future agenda. Commissioner Deegan concurred.
Commissioner Fitzgerald complimented Commissioner Thomas about his concern that no one is at the meeting at 1:00 a.m. He agreed with Messrs. Campbell and Zinzow that they waited through
the meeting for this item and direction should be given to staff to come back with language to cover the problem and avoid further proliferation of these signs.
Commissioner Berfield moved to direct staff to develop language to regulate light sign
poles and structures. The motion was duly seconded.
Mayor Garvey questioned what language should be included. Commissioner Deegan indicated it should include palm trees similar to the ones at Fat Tuesdays.
Commissioner Berfield amended her motion to direct staff to develop language to regulate lighted poles, neon lights, and sign bases. The motion was duly seconded and carried unanimously.
Mr. Zinzow requested the Commission review Second Chance's use of neon. Mr. Campbell recommended the language address neon to include it in the size allowance when attached to a sign.
ITEM #30 - Receive staff comments re a LDCA suggested by a Clearwater resident re allowing bed and breakfast inns as a conditional use in residential zoning districts (CP)
Sue Ann Lanning expressed interest in establishing a bed and breakfast inn (B&B) on her property at 1040 Sunset Point Road but is precluded from doing so by City zoning regulations.
Staff generally opposes commercial uses of residential property. However, B&B's generally have minimal negative impact on surrounding residential uses, if properly controlled. B&B's
allow creative uses of historically or culturally significant properties that promote the continuation of these generally older uses. The preservation aspect benefits the entire Clearwater
community.
Staff believes the City can develop regulations to permit B&B's under certain circumstances in residential zoning districts. Staff feels the conditional use permit process can be designed
to allow appropriate development control to minimize minimum negative impact and to restrict the use to historically or culturally significant properties, only.
Staff recommends the Commission direct them to initiate a code amendment to establish B&B's as conditional uses in residential zoning districts.
The Mayor indicated she liked the concept. Commissioner Thomas concurred and suggested the Ft. Harrison corridor and bayfront could be designated as a test area. Mayor Garvey noted
the need for proper controls.
Commissioner Deegan indicated if B&B's require conditional use permits, there will be a hearing on every application. Mr. Shuford reported plans to set aside specific requirements
that establish a residence as "unique." Mayor Garvey questioned what staff was trying to accomplish with these restrictions. Mr. Shuford indicated if there were no requirements, residential
areas could be transformed into hotel zones.
Commissioner Thomas noted B&B's are similar to rooming houses and recommended
caution. Mayor Garvey agreed this idea should evolve slowly.
Commissioner Thomas moved to direct staff to pursue a LDCA to allow bed and breakfast inns as a conditional use in residential zoning districts. The motion was duly seconded and carried
unanimously.
ITEM #31 - Other Pending Matters
CITY ATTORNEY REPORTS
ITEM #32 - First Reading Ordinances
a) Ord. #5664-94 - Amending fee schedule in city code appendix re establish toll exemption for FDOT on Clearwater Pass Bridge
The Assistant City Attorney presented Ordinance #5664-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5664-94 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 #33 - Other City Attorney Items - None.
ITEM #34 - City Manager Verbal Reports
Ms. Deptula reported Ms. Akin has made a counteroffer regarding her pending appointment as City Attorney: 1) 9% ICMA contribution versus 6%; 2) four weeks vacation first year versus
two; 3) $200 per month toward disability policy (may not need if current City plan is sufficient); 4) $60 per month for life insurance (not needed - existing City plan sufficient); 5)
City pay dependant health insurance coverage; 6) six months severance pay versus three; 7) Alan Zimmet to remain under contract for 20 hours a week for four weeks to help with the transition;
and 8) start four weeks from contract agreement.
Mayor Garvey indicated she had no problem with the request for Alan Zimmet's assistance. She expressed concerns regarding the requests for severance, dependent coverage, four weeks
of vacation the first year, and the 9% ICMA contribution. She was not sure of the disability issue.
Commissioner Deegan questioned if any other staff members receive 9% ICMA. Kathy Rice, Deputy City Manager, stated the Police Chief gets 12% but he is not eligible for Social Security.
She reported all other employees get 6%.
Commissioner Deegan questioned if Ms. Akin accepted the recommended base salary.
Ms. Deptula indicated she found it acceptable. Commissioner Deegan stated he was opposed to every request. He noted the request of Mr. Zimmet's assistance was to increase his work
hours from the present level.
Commissioner Thomas questioned the level of Ms. Deptula's current pension. The City Manager indicated as a member of the City's pension plan, 6% is contributed to her pension plan,
and 6% is contributed to ICMA. She stated nothing is contributed to Social Security. Commissioner Thomas opposed increasing Ms. Akin's ICMA contribution and her requests for additional
disability, health, and life insurance benefits. He concurred with her requests for added vacation time and Mr. Zimmet's assistance.
The Mayor agreed with the request for Mr. Zimmet's assistance but recommended it be limited to 10 hours a week.
Commissioner Deegan agreed. He expressed concerns a precedent would be set if the Commission agreed with her request for additional vacation time.
Commissioner Fitzgerald agreed with Commissioner Thomas' evaluation and agreed the request for the two weeks of vacation was not outrageous. He disagreed with Ms. Akin's requests for
dependent health care or additional disability coverage. He concurred with the recommendation for Mr. Zimmet to assist 10 hours per week. He felt severance should remain at 3 months
and the contribution of 6% to the ICMA should not be changed.
Commissioner Berfield felt the offer should include a 6% ICMA contribution, two weeks of vacation, no dependent coverage, three months severance pay, and 10 hours a week of assistance
from Mr. Zimmet.
The City Manager suggested the Commission express a willingness to review Ms. Akin's salary in six months. The Commission agreed.
Commissioner Deegan questioned when the Commission would be advised of the results of these further negotiations. He recommended the City begin negotiations with the next candidate
if Ms. Akin does not agree with this offer. Ms. Deptula stated if Ms. Akin finds this acceptable, she will be here on August 29, 1994.
Consensus was to again offer Ms. Akin the same contract but to allow Alan Zimmet to remain under contract for ten hours/week for four weeks and to agree to review her salary in six
months. One more counteroffer from Ms. Akin will be allowed prior to negotiating with the Commission's second choice.
ITEM #35 - Commission Discussion Items - None.
ITEM #36 - Other Commission Action
Commissioner Deegan questioned if permits for the Island Estates Marina were being
pursued per the Marine Advisory Board's request. Mr. Jennings indicated the Florida Department of Environmental Protection (DEP) has expressed concerned regarding water quality and
indicated an intention to reject the application. He reported a consultant is pursuing avenues to convince the DEP to allow a dock. Commissioner Deegan questioned if there was anything
more staff could do. Mr. Jennings indicated Mr. Nicholson is optimistic the City can obtain the permits and is pursuing that course.
Commissioner Thomas questioned when the Chamber of Commerce's request for shared cost at the Welcome Center would be included on the agenda. It was noted this item is scheduled for
the 09/01/94 meeting during budget discussion.
ITEM #37 - Adjournment
The meeting adjourned at 1:51 a.m., August 19, 1994.