09/01/1994 CITY COMMISSION MEETING
September 1, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 1, 1994 at 6:01 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
William C. Baker Assistant City Manager
Richard P. Hull Assistant City Attorney
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 Sue Gamelin of St. Paul's Lutheran Church.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
Howard Groth, Clearwater Housing Authority (CHA), presented a check for $14,189.49 for payment in lieu of taxes for housing facilities. Mr. Groth reported the Hamptons, recently purchased
by the CHA, is 97% occupied and the three vacancies in the remaining CHA properties have tenants ready to occupy them. He noted the library at Condon Gardens is doing well with help
from the City Library, Clearwater-Dunedin Junior League, and volunteers. Mr. Groth pointed out rental subsidies, and related construction and repairs represented a $1-million flow into
Clearwater's economy.
The Mayor thanked the volunteer board of the CHA for their efforts.
ITEM #6 - Approval of Minutes
It was noted to correct the minutes of August 15, 1994 on page 14, 2nd paragraph, 3rd line, "pf" to "of."
Commissioner Thomas moved to approve the minutes of the regular meeting of August 15, 1994, as corrected. The motion was duly seconded and carried unanimously.
Commissioner Berfield corrected the minutes of August 18, 1994 on page 2, Item #7, 1st paragraph, 1st line, to change "Action" to "Advisory"; on page 3, last paragraph, 1st line, to
change "wonder" to "wonderful"; on page 6, 3rd paragraph, 3rd line, to change "on" to "at"; and on page 9, 3rd paragraph, fourth line, to change "fist" to "first." Commissioner Deegan
corrected page 30, 3rd paragraph, last line, to add the word "agreed" after "Deegan."
Commissioner Thomas moved to approve the minutes of the regular meeting of August 18, 1994, as corrected. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Donald Rutledge, Program Coordinator of youth programs for the Pinellas Industry Council, reported the Summer Youth Employment Program was successful and the final report is nearly
complete. He stated 106 employers participated and 112 youth were placed in positions. All learned valuable skills. 26 remain on private sector payrolls. Some have returned to college.
Mr. Rutledge said the two community youth hired as counselors worked as positive role models. He noted the program proved young people are capable of doing more than menial labor.
Dina Akin read into the record a letter from her stepfather, Jay Elliott to Commissioner Thomas.
Commissioner Deegan questioned if 30 minutes at the beginning of the meeting can be used for Citizens wishing to address the Commission regarding Items not on the Agenda. The City
Clerk reported the rule states citizens must be preregistered. She has recommended adding a sentence to the official resolution to allow the Commission the option of permitting non
preregistered citizens to speak during the initial 30 minute time allotment.
Commissioner Thomas moved to amend Rule 10(1)(c) according to the City Clerk's recommendation. The motion was duly seconded and carried unanimously.
Chuck Pollick reported a spirit of cooperation at a meeting of a task force held Tuesday, August 30, 1994, regarding needed improvements to the Beach. Mr. Pollick stated the group
has agreed to meet with the City Commission after September 15, 1994. More concrete plans will be submitted. He pointed out the task force embodies a broad representation of many groups.
Mike Frangedis, on behalf of the Clearwater Beach Business Association, thanked all who attended the meeting. He stated the association is working on a Master Plan.
Jay Keyes reminded all of the fundraising roast of Commissioner Thomas sponsored by the Clearwater Breakfast Sertoma Club. The goal is to raise $50,000 for UPARC.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ord. #5669-94 - Vacating southerly 5' of northerly 10' drainage & utility easement lying in Lot 13, Blk A, Northwood Tract F (Campbell, V94-08)(CP)
The applicant's pool and deck, built in April 1981, encroaches 4.5 feet into a drainage and utility easement. After review by City departments, Florida Power, General Telephone, and
Vision Cable, there are no objections to this request.
Commissioner Thomas moved to approve the vacation of the southerly 5 feet of the north 10 foot drainage and utility easement lying in Lot 13, Block A, Northwood Tract F less the westerly
5 feet. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5669-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5669-94 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 #9 - Public Hearing & First Reading Ords. #5671-94, #5672-94 & #5673-94 - Annexation, Land Use Plan Amendment to Residential Low and RPD-D Zoning for property located at 2377 Dora
Dr., Rolling Heights Sub., Lot 12 and abutting r-o-w of Dora Dr., 0.27 acres m.o.l. (Bailey, A94-17, LUP94-20)(CP)
The applicant wishes to annex the subject property to obtain city sewer service for her existing single family residence. Staff recommends the property's Countywide Future Land Use
Classification of Residential Low be retained. Other City lots in the subdivision were assigned RS-6 zoning or RPD-D, for those recently annexed. As part of a future consistency rezoning
program, staff will perform an administrative rezoning in Rolling Heights subdivision to establish a single zoning classification.
On August 30, 1994, the Planning and Zoning Board endorsed this request.
Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to Residential Low and RPD-D zoning for the subject property. The motion was duly seconded and carried
unanimously.
The Assistant City Attorney presented Ordinance #5671-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5671-94 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 #5672-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5672-94 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 #5673-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5673-94 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 - Public Hearing & First Reading Ord. #5670-94 - CPD Zoning for property located at 1297 S. Missouri Ave., F.E. Hanousek's Sub., part of Lots 11 & 12, 8.57 acres m.o.l. (Sears
Roebuck & Co./Albertsons, Z94-05)(CP)
The subject property, at the northeast corner of Missouri and Lakeview, is zoned Commercial Center. In conjunction with the rezoning request, the applicant has submitted a Conceptual
Site Plan as required by the Land Development Code for planned developments. The applicant proposes to raze the vacant Sears Roebuck building and construct a 49,000 square foot supermarket
and attached 4,000 square foot liquor store. The 12,000 square foot "Neighborhood Retail Building," attached to the supermarket's south side, is shown on the Concept Plan with an unspecified
construction date.
The site plan proposes outparcels on the property's southwest and northwest corners. Plans are to replace the former Sears auto parts/service building on the southwest corner with
a new 5,000 square foot retail building. Another 5,000 square foot retail structure is proposed for the northwest parcel, which is presently a parking lot. The Concept Plan calls for
the proposed structures in the outparcels to be in accordance with the dimensional requirements of the General Commercial District except for height that would be restricted to 24 feet
rather than the 50 feet allowed under General Commercial requirements.
All parcels will each provide the required associated parking for the uses of that parcel. The design provides for cross access traffic circulation between the main parcel and the
outparcels as well as cross access with the adjacent shopping area to the north.
Mr. Shuford reported the Planning & Zoning Board (P&Z) expressed concerns that the auto center may not be razed in a timely manner. Therefore, condition 2 now reads: The requisite
building permits for the Albertsons main store shall be procured within one year from the date of certification of the final site plan, demolition work on the site may be completed under
more than one permit but in no case shall any certificate of occupancy be issued for the Albertsons main store prior to the completion of the demolition of the tire and service center
building, and the requisite certificate of occupancy for the Albertsons main store shall be obtained within three years of the date of certification of the site plan.
The P&Z also suggested the Unity of Title only relate to the Commercial Planned Development portion of the site. Condition 4 now reads: A Unity of Title for the Commercial Planned
Development (CDP) zoned portion of the site shall be recorded prior to certification of the site plan.
Mr. Shuford stated Condition 30 was added to allow temporary outdoor sales: The applicant is not prohibited from requesting temporary outdoor retail sales, such as Christmas trees,
pumpkins and like products, so long as City code requirements concerning such temporary uses are met.
Ed Armstrong, attorney representing Albertsons, indicated his agreement with the conditions.
Commissioner Thomas questioned who owns the property. Mr. Armstrong stated Albertsons has a contract to purchase it. Commissioner Thomas questioned who was responsible for the current
rat infestation. Mr. Armstrong indicated he would advise the present owners of the problem. Mayor Garvey questioned when the Sear building would be razed. Mr. Armstrong stated Albertsons
wants to proceed with the project as quickly as possible but will notify the present owners there is a problem that needs to be addressed.
Commissioner Berfield moved to approve CPD zoning for the subject property with revised conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes;
2) The requisite building permits must be procured within one year 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 dates and conditions for approval by the Planning and Zoning Board (P&Z) for conditional use approval and the
Development Code Adjustment Board (DCAB) for variance approval shall be provided on the preliminary plat/site plan prior to certification; 4) A Unity of Title shall be recorded prior
to certification of the site plan; 5) The minimum turning radius for designated drives and fire lanes shall be 42 feet; 6) A fire hydrant assembly shall be installed not more than 300
feet from the structure; 7) Prior to certification, the Dumpster Requirement Form must be completed and returned to the City Sanitation Department; 8) 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; 9) Prior
to certification, a copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 10) Prior to the issuance of a building permit, a copy of the approved SWFWMD
permit is to be provided to the Engineering Site Plan Review; 11) Prior to certification, the final site plan must be signed and sealed by a Professional Engineer registered in the State
of Florida; 12) 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; 13) Backflow prevention devices must be installed by the City with applicable fees being paid by the owner;
14) Sidewalks are required adjacent to all street rights-of-way; 15) Handicap spaces must be adjusted to meet government standards; 16) Parking stalls and/or driveways to be adjusted
to the approval of the Traffic Engineer; 17) Dimensions to be shown on the plan to denote measurements for aisles, parking stalls, entrances, etc.; 18) Applicant shall, on the preliminary
and final site plan, show all protected trees by size, species, and location; 19) Prior to certification, all required perimeter landscape buffers shall be delineated by shading and/or
cross-hatching in accordance with the current code requirements; 20) Prior to Environmental approval of the final site plan, applicant shall express total paved vehicular use area calculations
and total interior landscape area calculations in square feet and as a percentage of the overall site in the site plan data block; 21) Prior to Environmental approval of the final site
plan, applicant shall depict by shading or cross-hatching, all required parking lot interior
landscape areas; 22) Prior to the issuance of a building permit, a Landscape Plan in compliance with the Land Development Code requirement shall be submitted for approval by the Environmental
Management Group; 23) Prior to the 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; 24) Prior to the issuance of a building permit, applicant shall provide to Environmental Management an approved copy of all necessary local, state and federal
permits that may be required; 25) Prior to certification, the site plan must reflect the use of raised curbs or protective timbers where interior landscaped areas abut pavement; 26)
Mean or Natural High Water Elevations and Seasonal High Water Elevations are required to be shown on the preliminary and final site plan in the form of a cross-section detail for all
activities that may potentially impact on-site surface water systems. Soil type and soil boring data shall be submitted in the area of planned detention or retention storage ponds with
calculated percolation rates; 27) All signage shall be in compliance with that permitted by the City Commission; 28) A cross-access agreement between Searstown and the applicant's property
shall be executed prior to site plan certification; 29) A parking agreement shall be executed between Searstown and the applicant prior to site plan certification; and 30) The applicant
is not prohibited from requesting temporary outdoor retail sales, such as Christmas trees, pumpkins and like products, so long as City code requirements concerning such temporary uses
are met. The motion was duly seconded and carried unanimously.
Mayor Garvey thanked Albertsons for their investment in the community.
The Assistant City Attorney presented Ordinance #5670-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5670-94 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 - Public Hearing & First Reading Ords. #5674-94 & #5675-94 - Land Use Plan Amendment to Commercial General & CG Zoning for property located at 510-522 Woodlawn St. and 511 &
515 Wildwood Way, Belleair Highlands, Blk B, Lots 13-20 & 51-54, 1.03 acres m.o.l. (Gangelhoff & Howard, LUP94-19, Z94-09)(CP)
To construct a 60 unit motel, the applicants want to combine the lots along S. Ft. Harrison Avenue with the adjacent lots to the east between Wildwood Way and Woodlawn Street. At its
July 21, 1994 meeting, the Commission received and referred this proposal's preliminary site plan.
The proposed Future Land Use Plan Amendment would expand the General Commercial area to the south and west of the subject property. The property to the north and east has a Future
Land Use Plan Classification of Residential Urban, and presently has a mixture of residential development types.
The proposed 60 unit motel can be built on the property in full compliance with the City's Land Development Code if the proposed Future Land Use Plan and Zoning Atlas amendments
are approved, including buffering requirements between the site and adjacent residential properties.
Mr. Shuford reported staff feels another commercial development would be consistent with the area. On August 30, 1994, the Planning and Zoning Board endorsed this request.
The Mayor questioned if the proposed development does not occur if CG zoning is still appropriate. Mr. Shuford stated it was.
Pinellas Planning Council (PPC), Countywide Planning Authority (CPA) and Florida Department of Community Affairs (FDCA) review is required.
Commissioner Thomas moved to approve a land use plan amendment to Commercial General and CG zoning for the subject property. The motion was duly seconded.
Commissioner Berfield questioned if staff had spoken with the neighbors. Mr. Shuford indicated surrounding property owners were notified.
Upon the vote being taken, the motion carried unanimously.
The Assistant City Attorney presented Ordinance #5674-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5674-94 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 #5675-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5675-94 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 #12 - Variance(s) to Sign Regulations for property located at 20967 US 19N, Sec. 17-29-16, M&B 23.05 (Clearwater Motel, Inc./Howard Johnson Motel, SV94-24)(CP)
The applicant's representative requested a continuance. Commissioner Thomas questioned if this continuance was related to a letter recently received from Todd Pressman. The Mayor
stated Mr. Pressman is the applicant's new representative.
Commissioner Thomas moved to continue this item to October 6, 1994. The motion was duly seconded and carried unanimously.
ITEM #13 - Public Hearing - Charter amendments - First Reading Ord. #5691-94 - submitting to the City electors proposed amendments to the City Charter which proposes to amend the
Charter by amending the powers of the Commission regarding the purchase and lease of real property; amending the purchasing authority of the City Manager; establishing term limits for
any single elected official; establishing a procedure for Commission approval of certain non-budgeted expenditures; providing for a referendum election Ord(s) regarding the City Charter.
Mayor Garvey stated the November ballot is limited to five ballot issues. The remainder of issues will be included on the March 1995 ballot. The Mayor reviewed the proposed questions
regarding: 1) amending the powers of the Commission regarding the donation and lease of real property; 2) amending the purchasing authority of the City Manager; 3) establishing term
limits for any single elected official; 4) establishing a procedure for Commission approval of certain non-budgeted expenditures; and 5) amending the Commission's authority to purchase
real property.
Commissioner Fitzgerald referred to Ordinance #5691-94, to page 2, paragraph 3 and page 3, paragraph 7 and noted they seem to contradict each other. Ms. Deptula stated this will be
clarified before the second reading.
Commissioner Fitzgerald requested the amendment regarding the City Commission's authority to donate and lease real property be clarified. He noted some may question if a 30-year lease
qualifies for an unlimited number of 30-year renewals. Consensus was that property could be leased for a total of 60 years, with no single term exceeding 30 years, without a referendum.
This will be clarified by second reading.
Gerald Figurski appeared as a resource and representative for the Charter Review Committee. The Mayor explained the Commission's decision to separate the referendum questions on two
ballots. Mr. Figurski agreed the language regarding lease renewal should be addressed as it is presently "murky." The Mayor thanked the members of the Charter Review Committee for
their input and recommendations.
The Assistant City Attorney presented Ordinance #5691-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5691-94 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 Mayor requested the Ordinance be returned to the September 12, 1994, Commission meeting to review the changes prior to its return for second reading at the September 15, 1994, meeting.
The meeting recessed from 7:05 to 7:14 p.m.
ITEM #14 - 1994/95 Budget (AS)
The City Manager presented the 1994/95 fiscal year recommended Operating and Capital Improvement Budgets. Ms. Deptula stated the Budget document continues the
transition to a program-based format focused on measurable organizational goals and performance measures. She indicated the City Commission invested considerable effort during the past
year in beginning a strategic planning process and directly involved the citizens in identifying and prioritizing issues.
The City Manager stated the Commission directed there be no increase in the milage rate or the number of employees. In response to the Commission, staff reviewed efficiencies, responsiveness,
public and safety issues, economic development, and maintaining the infrastructure. Ms. Deptula reported the proposed ad valorem millage rate is 5.1158 mills and remains unchanged
for the fourth consecutive year, although taxable property values have decreased slightly over the same period. She noted the number of full time equivalent (FTE) positions actually
increased 25.8 due primarily to Commission approved participation in the countywide library cooperative, approved Gas System expansion and the inception of the citywide recycling program.
The City Manager recommended the following reorganizations. The Public Works Department be divided into three departments: Engineering (including Engineering, Environmental, Transportation
and Water Pollution Control), Public Works (including Public Service and Water) and Solid Waste/Recycling, with each director reporting to the Management Team. The Department of Administrative
Services be divided into two departments: Finance (including Finance, Purchasing, Risk Management and Utility Customer Service) and Information Management (including Community Outreach
and Information Services). The Information Management Department will lead the City's increased public relations efforts. The Office of Management and Budget will become part of the
City Manager's Office to emphasize their key role in the City's administration.
Ms. Deptula reported increased communication with City residents. The three Community Outreach employees will be responsible for programming the cable channel with features, 24-hours
a day. The City Manager noted Police Substations are scheduled to open in September in the North Greenwood and South Greenwood areas. She indicated a mini station is also planned for
the Countryside Recreation Center. The Economic Development program is being given more emphasis and the City is joining the County Library Cooperative.
a) First Reading Ord. #5678-94 - millage rate
Tina Wilson, Budget Director, reported this is the fourth year the millage rate has remained at 5.118. The roll back rate would have provided approximately $33,000 more. Ms. Wilson
indicated the 25.8 increase in full time employees (FTE) proposed for FY 1994/95 is related to an additional 13.3 employees for the library cooperative, 8 for the new recycling program,
and 3.3 for the gas system. She said all employee increases in the FY 1993/94 budget related to the gas expansion. Ms. Wilson indicated growth has been slow and only a net increase
of 49.3 positions has occurred since FY 1983/84.
Ms. Wilson stated the General Fund is in good condition. Policy dictates a 10% minimum savings and the present level is 16.6%. She reported the City Manager's recommended General
Fund Operating budget of $66,132,680 has been increased by the City Commission's request for an additional $139,630 for social service funding for a total General Fund Operating budget
of $66,272,310. Ms. Wilson stated subtracting the contribution of prior
year retained earnings for the Municipal Services/Public Safety and Police Complex and the beach pavilion, the net recommended 1994/95 General Fund Operating Budget is $63,235,980.
She noted ad valorem taxes make up 30% of the general fund revenue sources and utility taxes and franchise fees are 28%. She reported 49% of general fund expenditures pay for fire and
police protection.
Ms. Wilson stated the budget set up for the Harborview Center projects an income of $90,000 and expenses of $90,000. She noted a preliminary estimate of planned Capital Improvements
totals $33,583,920. Ms. Wilson recommended moving money from the Atrium fund to the Harborview Center during the 3rd quarter and subtracting it from next year's budget. She also recommended
moving money to the Municipal Services Building during the 3rd quarter and subtracting it from next year's budget.
Ms. Deptula noted even if the millage rate remains constant, there is no guarantee that a resident's tax bill will not change. She reported the actions of other taxing authorities
are reflected on tax bills. Reassessments can change a property's taxable value. She noted the City portion of Clearwater residents' tax bills only represents 25% of the bills' totals.
Ms. Deptula reported a recommended increase in Vision Cable's franchise fee from 3% to 4%. She noted the Budget Advisory Committee's statement and concerns regarding the use of increased
revenues to maintain a constant millage rate. She also noted the Budget Advisory Committee's concerns that lowering the pension contribution has not reduced government expenditures.
She pledged to the City Commission and Budget Advisory Committee that she would take their advice and look for ways to save.
The City Manager stated she was proud of the budget and how it responds to the concerns of the City Commission and Clearwater citizens. She noted the budget provides better than status
quo services to the citizens. She reported the budget includes social service funding for all but two groups: the Clearwater Merchants Association and the Clearwater Chamber of Commerce's
request for money to upgrade the Welcome Center on SR 60. She stated the business plans for the Sailing Center and Airpark will be forthcoming. Ms. Deptula noted the total City Employee
increase of 43.9 FTEs during the last 11 years covered significant additional programs requiring 168 FTEs.
Commissioner Fitzgerald questioned if savings from the proposed reorganization have been identified. Ms. Deptula indicated the two changes resulted in a reduction in costs. None of
the reassigned positions will receive additional compensation due to the reorganization.
Commissioner Thomas questioned if the $2.6 million in the CIP would complete the refurbishing of the Harborview Center. Commissioner Fitzgerald requested the total cost of the Harborview
Center project. Tina Wilson estimated the cost of refurbishment at $5.5 million. The Mayor noted the building cost nearly $2 million to purchase. She requested a memorandum be prepared
outlining the total cost of the Harborview Center project.
Commissioner Thomas noted the amount of taxes charged City residents is lower than what the County charges for less service. He felt the disparity is interesting and pointed out that
staff is doing a superb job.
The Assistant City Attorney presented Ordinance #5678-94 for first reading and read it in full. Commissioner Thomas moved to pass Ordinance #5678-94 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 City Manager announced the second reading of this Ordinance will be held at City Hall on September 15, 1994, at 6:00 p.m.
b) First Reading Ord. #5679-94 - operating
Bruce Kaufman of the Clearwater Bombers reported the team will play in a tournament in Palm Springs in early September and he will miss the next Budget meeting. He did not have a detailed
report to provide the Commission but requested a donation of $20,000 plus a $20,000 matching grant for the Clearwater Bombers. He noted the City traditionally supported the team.
Mr. Kaufman said the rest of the world considers Clearwater to be the Capital of Fast Pitch Softball and would love to participate in Clearwater tournaments. He indicated national
and continental tournaments would bring money into the community. He felt national championships could be held in the City every August without repeating teams. Seasonal tournaments
also could be held every year. He noted the State high schools have now mandated girls to play fast pitch softball. The Olympics have accepted it as a medal sport. Mr. Kaufman stated
the Bombers need additional funds to build the team.
Mayor Garvey stated the Commission had discussed the Bombers' request and consensus was that an accounting of this year's activities was required. She challenged the business community
to be involved as the Bombers are good for business and tourism. Consensus was not to change the $10,000 included in the proposed budget until the Bombers' financial statement can be
reviewed. Mr. Kaufman said he would try to have the financial statement to the Commission shortly after September 15, 1994. The Mayor requested it be completed before the season starts.
Commissioner Deegan complimented Mr. Kaufman in helping the Bombers clean up their financial concerns. He was encouraged by those actions. Mr. Kaufman stated he received the club
with no books and was unsure what was owed. He worked out the problems as well as he could and reported support is starting to swell. Mayor Garvey recommended the Bombers educate the
business community about the Bombers economic value.
Mr. Kaufman stated while in Palm Springs, he will be lobbying for the 1996 tournament and requested the Commission support his bid. Consensus was for the Mayor to send a letter of
support.
Commissioner Berfield questioned if the Bombers had approached the Tourist Development Council. Mr. Kaufman stated he has submitted a request indicating the team's wish to be a tourist
attraction.
Bob Wright complimented Ms. Deptula on her first eight months as City Manager. He pointed out the citizen friendly attitude now evident, especially in Central Permitting. He commended
Tina Wilson and her staff for putting together this year's budget. He praised Jeff Kronschnabl on his first year heading the Community Response Team.
Mr. Wright stated this is the fourth consecutive year that ad valorem taxes have remained at the same level. He noted no mention was made of the increased revenues and surplus related
to utility taxes and franchise fees. He felt it was important for the public to know that other taxes are collected in addition to ad valorem taxes, which make up only 30% of the City's
revenues.
The Mayor thanked the Budget Advisory Committee.
Phil Henderson, Chair of the Clearwater Chamber of Commerce, referred to his August 8, 1994 letter to the Commission regarding needed refurbishment of the Welcome Center on the Courtney
Campbell Causeway. Mr. Henderson stated he recognized the budget was in place. He stated he originally planned to request the City forgive a $43,000 loan for the Welcome Center and
contribute $50,000 for its improvements. He invited Commission members to visit the Center for a one on one meeting. He noted the Welcome Center represents the initial impression visitors
have of Clearwater's image. Mr. Henderson said the Chamber of Commerce has paid down the loan and is now requesting a one year extension on the note. He also requested in-kind support
for landscaping and painting.
The Mayor stated the City Manager is reviewing the request.
Commissioner Thomas stated he supports an attractive window to Clearwater on the Causeway but expressed concerns with using citizen tax dollars for the Welcome Center which restricts
what businesses it promotes. Mr. Henderson indicated business owners do not have to be Chamber members to advertise at the Welcome Center. Commissioner Thomas recommended that this
practice be clarified. The Mayor suggested it be included in the City's agreement. Mr. Henderson noted the Chamber of Commerce members' rate structure differs from the one for non-members.
Mayor Garvey stated the Commission would review this matter for a later decision.
Commissioner Fitzgerald indicated he had visited the Welcome Center that morning and remarked on its dinginess. He agreed the Center needed assistance and recommended the City contribute
in-kind support. He felt the Welcome Center's facilities should be available to any business interested in participating.
Commissioner Berfield moved to allow the delay of payment of the City's loan to the Clearwater Chamber of Commerce for one year. The motion was duly seconded and carried unanimously.
Commissioner Berfield agreed the City Manager should meet with the Chamber of Commerce regarding the Center's needs and suggested they come back with a plan to offer more equal representation
for displays. Mr. Henderson stated the rate schedule charges non-members higher fees. Commissioner Thomas expressed his wish to see parity between the amount of tax money spent and
the user fees. He recommended the Welcome Center be reviewed to make it exceptionally better.
Commissioner Berfield suggested the City Manager review the situation. The Mayor requested an accounting of the Center's revenues and expenses. Consensus was for the City Manager
to do what she can within her authority and to return to the City Commission for further direction if needed.
Bernard Dixon, Clearwater Merchants Association, reported his organization had requested a $45,000 grant from the City. After being enlightened regarding the City's operation, Mr.
Dixon reduced his request to a $15,000 one time grant to help the Association start its program. He reported the organization has the same goals it had for years. He stated they are
still working in the North Greenwood area but have now opened their boundaries to outside businesses. He indicated the group wants to complete studies to see that more favorable businesses
are brought into the City.
The Mayor recommended Alan Ferri, Economic Development Director, work with the Clearwater Merchants Association and review opportunities for economic development.
Commissioner Deegan indicated he had spoken with Mr. Dixon and recommended he talk with the Chamber of Commerce and the Community Development Corporation in the Clearwater Neighborhood
Housing Services regarding economic development. He stated there is $25,000 available for facade improvements. He recommended Mr. Dixon work with Alan Ferri. He did not support providing
a $15,000 direct contribution.
Commissioner Thomas stated he, too, had met with Mr. Dixon. He felt the problem was solvable by working within the system. Consensus was to recommend the Clearwater Merchants Association
work with existing economic development programs.
The Assistant City Attorney presented Ordinance #5679-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5679-94 on first reading. The
motion was duly seconded.
Commissioner Fitzgerald stated the budget responds to the City Commission's direction and responds to the City's needs. He noted his opposition to the major expense for debt service
for the Municipal Services Building. Commissioner Fitzgerald pointed out his consistent opposition to this project because it does not achieve consolidation. He felt the public trust
was broken when the referendum was canceled after the public was lead to believe they would have the opportunity to vote on the matter. Commissioner Fitzgerald stated the budget is
a good one, and despite his disclaimer, the City has an obligation to pay its bills. He said it would be irresponsible not to meet its obligations. With reservations, he indicated
he would vote for the budget.
Commissioner Berfield noted each Commissioner is reluctant to support certain portions of the budget. She agreed with Commissioner Fitzgerald that, overall, the budget is good.
Commissioner Thomas questioned if budget revisions reflected in Tina Wilson's August 24, 1994 memorandum were included in the amended budget. Ms. Wilson indicated they had been.
Upon roll call being taken, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
c) First Reading Ord. #5680-94 - capital improvement
The City Manager indicated in earlier discussions regarding the Pier 60 pool, the Commission had committed to replacing it. She stated the FY 1995/96 CIP was amended to provide the
funds. Commissioner Deegan questioned from where the revenues would come. Ms. Deptula indicated from the Pier 60 tower. Mayor Garvey suggested another funding source be identified
in case there is no development.
Commissioner Fitzgerald questioned funding based on an unbuilt tower and unrealized profits. He expressed concerns about how quickly this was added to the budget without benefit of
full discussion. He said the pool should be added to the budget as part of the regular budget process. If the tower does not materialize, the pool will still be built and the City
will need to find $300,000.
Commissioner Berfield stated the funding is presently included in the 1995/96 CIP and suggested the Commission can discuss it further next year. She stated the same process was followed
for funding the Countryside Recreation Center. Commissioner Fitzgerald noted the Countryside project was included in an out year and was later moved up. Commissioner Berfield suggested
the pool project could be moved to an out year if funds are not available. Commissioner Fitzgerald expressed concerns citizens will begin to ask for the promised pool within months.
Commissioner Thomas noted when the Commission reached the decision to move up the Countryside project, money had to come from somewhere. He indicated Ream Wilson, Director of Parks
& Recreation, had estimated rehabilitating the Pier 60 pool would cost $278,000. He stated the figure was rounded off to $300,000 and included in the 1995/96 CIP. He said the money
is not being spent tonight and the Commission has a year to reach a final decision regarding this matter. Commissioner Fitzgerald indicated he would agree with including the project
in the 1996/97 CIP.
Commissioner Deegan stated the Commission knew beach residents wanted to save the pool four weeks prior to their request. He said he gave much thought to providing a pool. He noted
at the last meeting, the Commission decided to provide the pool within two years. He indicated he favored the proposal because of the Pier 60 area as a revenue source. The Mayor questioned
identifying the Pier 60 tower as a revenue source before it is built. Commissioner Deegan felt it was all subject to negotiation and reiterated the Commission's commitment to building
a pool. He indicated if no tower is built, the Commission will locate another source of funding.
Mayor Garvey questioned if the pool would be built no matter what happened. Commissioner Deegan indicated it would be with revenue from that area.
Commissioner Deegan moved to include $300,000 in the 1995/96 CIP for the Beach pool. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield,
Deegan, and Thomas and Mayor Garvey voted "Aye;" Commissioner Fitzgerald voted "Nay." Motion carried.
The Assistant City Attorney presented Ordinance #5680-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5680-94 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 - (Cont'd from 8/4/94) Public Hearing & First Reading Ord. #5654-94 - Amending Sec. 41.151, to revise dimensional requirements for docks (LDCA94-07)(CP)
To streamline permitting requirements, staff developed amendments to the City's dock regulations to eliminate City zoning review of docks. Instead, dimensional requirements for docks
will be handled by the Pinellas County Water and Navigation Control Authority which generally has more restrictive dimensional dock requirements than does the City. According to the
revised regulations, the Harbormaster would still be required to sign off on any docks. A City building permit also would need to be obtained.
This change's intent is to eliminate current requirements that an applicant proceed through two review processes, and possibly two variance hearings by separate jurisdictions, to construct
a dock at a single family residence. Marinas will still require staff and Planning & Zoning Board (P&Z) review as conditional uses. The Development Code Adjustment board, Code Enforcement
review Task Force and P&Z have recommended adoption of this ordinance.
The Mayor questioned if the County ultimately overrides the City. Mr. Shuford explained whichever regulations are more strict are enforced. He reported nearly all of the eight to
10 variances requested each year are granted. The Mayor questioned if the City would be notified if anyone in Clearwater applied for a dock variance. Mr. Shuford indicated the Harbormaster
needed to review each request. Mayor Garvey questioned if the City could reestablish regulations if problems become apparent. Mr. Shuford indicated staff would monitor the situation
for a year. Commissioner Deegan expressed concern that the monitoring not require a great deal of bookkeeping. He stated this represents an excellent example of streamlining the operation
and eliminating duplication.
Commissioner Deegan moved to approve a land development code amendment regarding dock regulations. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5654-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5654-94 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 #16 - (Cont'd from 8/4/94) Public Hearing & First Reading Ord. #5655-94 - Amending Sec. 45.23, to delete the authorization for minor variances from dock width and setback requirements
and to authorize minor variances from parking space requirements (LDCA94-20)(CP)
This ordinance deletes the requirements for minor variances for docks, and provides for a small scale parking variance. On July 14, 1994, the Development Code Adjustment Board unanimously
recommended approval of this code amendment providing the maximum number of parking spaces approved through the minor variance process be limited to 10. On July 19, 1994, the Planning
and Zoning Board unanimously recommended approval of the code amendment with the same change. Staff recommends incorporating this change in the ordinance.
Commissioner Deegan moved to approve a land development code amendment regarding minor variances. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5655-94 for first reading and read it by title only. Commissioner moved to pass Ordinance #5655-94 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 #17 - (Cont'd from 8/4/94) Public Hearing & First Reading Ord. #5656-94 - Amending Ch. 40, creating new division 23A to establish a downtown/mixed use district; amending Sec. 41.053,
to establish supplementary conditional use standards for conditional uses provided in the downtown/mixed use district (LDCA 93-17)(CP)
As part of the Downtown Development Plan discussion, the City Commission directed staff to develop a "performance" zoning district for two proposed "expansion" areas in the Downtown
vicinity to encourage redevelopment of existing commercial and mixed use areas and to direct redevelopment into areas of higher density residential and "high tech" industrial type development.
Staff developed an ordinance to provide for added multifamily density (up to 50 dwelling units per acre or 80 hotel/motel units per acre), and would expand the range of permitted uses
to include the high tech manufacturing type development. On July 14, 1994, the Development Code Adjustment Board unanimously recommended approval of this code amendment. On July 19,
1994, the Planning and Zoning Board (P&Z) unanimously recommended approval with the following changes: 1) In sections (20) a, b, c, e, and f, clarify the intent of the section by correcting
references to "single family residential property" to read: "single family residentially zoned property," and 2) In section (2) e, delete restrictions on site lighting to allow board
discretion regarding such lighting on a case-by-case basis in conformance with the upcoming site lighting ordinance. Staff recommends these changes be incorporated in the ordinance.
Commissioner Deegan questioned why the P&Z wanted to consider lighting on a case by case basis. Mr. Shuford explained the P&Z received a presentation by Clearwater Community Hospital
that indicated 12-foot high lights can give off less light to the surrounding neighborhoods than 6-foot ones, if they are angled properly.
Commissioner Thomas moved to approve a land development code amendment establishing a downtown/mixed use district. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5656-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5656-94 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 #18 - (Cont'd from 8/4/94) Public Hearing & First Reading Ord. #5657-94 - Amending Sec. 40.286, to increase the maximum allowable height for the Limited Office district (LDCA 94-14)(CP)
Approximately two years ago, the Commission adopted regulations that increased height requirements in all single family zoning districts and the RM-8, RM-12, and RM-16 zoning districts
from 25 to 30 feet. No corresponding amendment was processed to increase height in the Limited Office district from 25 to 30 feet. Since the Limited Office zoning district provides
for the same density of multi-family housing as the RM-16 zoning district, it seems appropriate to increase the allowable height in the Limited Office district to the same as the RM-16
district.
The Planning and Zoning Board (P&Z) and Development Code Adjustment Board have recommended adoption of this ordinance.
Commissioner Thomas moved to approve a land development code amendment regarding an increase in permitted height in the OL zoning district. The motion was duly seconded and carried
unanimously.
The Assistant City Attorney presented Ordinance #5657-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5657-94 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 #19 - Public Hearing & First Reading Ord. 5667-94 - Creating Sec. 36.039, to establish a Tropical Seascape Design Review Committee, establish powers, duties & jurisdiction for the
committee (CP)
AND
ITEM #20 - Public Hearing & First Reading Ord. 5668-94 - Amending various sections within Chapters 35, 36, 40, 41 & 42, revising alcoholic beverages sales regulations, establish new
definitions, create a new appeals process, establish a new "nightclubs, taverns, and bars" use & establish conditional use standards (CP)
Commissioner Thomas moved to continue Item #19 & #20 to October 20, 1994. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #21 - Ord. #5597-94 - Amending Sec. 40.489 to establish new parking requirements for Bayfront Core and Eastern Corridor subdistricts of Urban Center District
The Assistant City Attorney presented Ordinance #5597-94 for second reading and read it by title only.
Robert Johnson, attorney representing the Scientologists, stated the ordinance originally appeared to be designed to address the situation with the Sun Bank and parking in Downtown
generally. He indicated it now appears to be designed to address the Scientologists' new Technology Services Building and places of assembly. He noted Mr. Shuford had recommended no
changes to the original ordinance.
Mr. Johnson requested the City Commission reconsider. He stated the Scientologists wish to bring a viable and beautiful new building to Downtown Clearwater. He stated this ordinance
will make it more difficult to construct the building and noted the 11th circuit court of appeals had ruled that government can neither enforce nor discourage religion. He requested
the Commission review his request and hoped the project's benefits will outweigh the parking problems. He recommended adopting the flexible standards recommended by the Downtown Development
Board (DDB).
Mr. Shuford stated the ordinance is similar to what the Chamber of Commerce recommended but the City Commission did exclude government buildings from the regulations. He noted parking
regulations for the Art Center, the Harborview Conference Center on the bluff, and a conference center as part of a motel will all be affected. He stated the implication that this ordinance
is directed to one group is clearly a mistake.
Commissioner Thomas stated the regulations are to preserve the integrity of Downtown and are not directed at any entity. He indicated it would be irresponsible for the City not to
initiate parking regulations for a 2,500 seat theater, the proposed Art Center, or the Harborview Center.
Commissioner Fitzgerald questioned how the proposed ordinance would impact the Calvary Baptist Church. Mr. Shuford replied if the Baptist Church adds building area, they will be covered
by the same provisions. He noted the City Commission had recommended the inclusion of a flexible arrangement that permits developers to pay into a parking fund for
construction of public parking facilities. Commissioner Fitzgerald questioned if any entity wants to build, if they had the option to ask the City to accept money in lieu of providing
parking spaces. He noted if this is the case, at some point, the City would be obligated to build a parking garage. Mr. Shuford agreed and noted the ordinance also provides certain
conditions that would permit the use of nearby public parking.
Commissioner Deegan moved to pass and adopt Ordinance #5597-94 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. #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
The Assistant City Attorney presented Ordinance #5618-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5618-94 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 #23 - Ord. #5638-94 - Land Use Plan Amendment to Institutional for part Sec. 21-29-15, M&B 12.16 & 12.17 together with the abutting portion of vacated Sheridan Ave. (1250 S. Ft.
Harrison Ave.) (Morton Plant Hospital Association, Inc., LUP94-16)
The Assistant City Attorney presented Ordinance #5638-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5638-94 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 #24 - Ord. #5639-94 - P/SP PD Zoning - part Sec. 21-29-15, M&B 12.16 & 12.17 together with the abutting portion of vacated Sheridan Ave (1250 S. Ft. Harrison Ave.) (Morton Plant
Hospital Association, Inc., Z94-07)
The Assistant City Attorney presented Ordinance #5639-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5639-94 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 #25 - 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 second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5664-94 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 #26 - 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
The Assistant City Attorney presented Ordinance #5665-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5665-94 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 #27 - Special Items of widespread public interest - None.
ITEM #28 - Citizens to be heard re items not on the Agenda
Joe Evich noted Commissioner Fitzgerald had changed his position from a few years ago as he now supports the need for a referendum regarding the City Hall/Municipal Services Building
issue. Mr. Evich felt this issue still needs to go to referendum.
Commissioner Fitzgerald noted present circumstances differ from the earlier situation. He said during the current plans, the public had been led to believe they would be allowed to
vote.
The meeting recessed from 9:12 to 9:26 p.m.
CITY MANAGER REPORTS
ITEM #29 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1304 Ridge Ave., Highland Pines, First Addition, Blk 8, Lot
5, 0.19 acres m.o.l. (Pappas, A94-20, LUP94-23)(CP)
The subject property, at the southwest corner of Gentry Street and Ridge Avenue, is six blocks north of Palmetto Street and two blocks east of Flagler Drive. The applicants wish to
annex to obtain City sewer service.
Commissioner Berfield moved to receive the request for annexation, a land use plan amendment to Residential Low and RS-8 zoning for the subject property and to refer it to be advertised
for public hearing. The motion was duly seconded and carried unanimously.
ITEM #30 - Update on LED Signs issue; direction re incorporating recommended modification into the comprehensive amendments to the sign code (CP)
The Commission requested staff investigate the suitability of LED (light emitting diodes) signs that typically display a continuously changing message fed by a computer program to announce
store specials, menu items, general information, etc.
Current Code allows a 15-second message change for signs that only display time and temperature, and a 24-hour period for other message changes. These regulations permit a sign message
change without the sign "flashing" or "moving." The Countywide Sign Code also prohibits flashing or moving signs.
The American Planning Association Planners Advisory Service prepared a model sign code for mid-size communities that suggests changeable message signs be limited to not more than eight
message changes per day. This seems to be a reasonable approach in balancing the aesthetic goal of the community with the need for businesses to change menus or product offerings on
a relatively frequent basis. Staff recommends this modification and, for aesthetic reasons, is not inclined to support more rapidly changing signage.
The Mayor questioned if most signs like these are billboards. Mr. Shuford agreed some are. Commissioner Deegan questioned the meaning of limiting changes to no more than 8 times a
day. Mr. Shuford stated that proposed regulation would permit a sign eight "flashes" per day. Commissioner Deegan referred to the "Bally's" sign on Ulmerton Road. Mr. Shuford said
that was an animated sign.
Commissioner Deegan questioned if a shopping center "flashed" the name of a tenant, would it have to leave the name for three hours. Mr. Shuford agreed. Commissioner Deegan questioned
why scrolling was more of a hazard. Mr. Shuford explained limited message signs displaying the time and temperature can change the message on 15 second intervals. He felt a continuous
string of information would be distracting and affect the City's aesthetics. Mr. Shuford felt permitting 8 changes a day represented a compromise between extremes.
Commissioner Deegan questioned if any LED signs were up in Clearwater. Mr. Shuford indicated they are only inside malls and are not regulated by code. Mayor Garvey questioned why
LED signs are needed. Commissioner Fitzgerald indicated he did not see a rationale to change the present rules.
Commissioner Thomas indicated a businessperson had requested the Commission to review this item in December 1993. He noted problems faced by tenants in strip centers with limited signage
in getting their message to customers. He felt LED signs would be helpful in shopping centers. He requested staff do more research and explore what is available in the marketplace.
Commissioner Deegan noted an LED reader in a window would count as a sign. Mr. Shuford agreed it would if facing outward. Commissioner Thomas felt changeable signs should be allowed.
Commissioner Fitzgerald questioned the County's sign law. Mr. Shuford stated it was similar to the City's but has a 10 year amortization.
Commissioner Deegan did not see a problem with small signs in merchants' windows and noted the commercial advantage they would offer. He noted Post Offices have moveable signs inside.
Commissioners Deegan and Thomas indicated they backed additional study. Commissioner Fitzgerald and Mayor Garvey indicated they were against additional study. Commissioner Berfield
stated she had no problem with staff reviewing the regulations but spoke against permitting an entire sign area allowance to be moveable.
Mr. Shuford indicated staff would approach the National Electric Sign Association and see what information they can supply. A majority of the Commission directed staff to continue
collecting data.
ITEM #31 - Update on public input re Clearwater Beach "South Mandalay" Redevelopment Plan; direction requested (CP)
Commissioner Berfield requested this information be presented after the proposed Clearwater Beach business special meeting. Mayor Garvey agreed the situation is complicated and recommended
meeting with groups after October 1, 1994 for input from all interested parties.
Commissioner Berfield moved to continue this item until after the Clearwater Beach business community meeting. The motion was duly seconded and carried unanimously.
ITEM #32 - Third Quarter Budget (AS)
This report is based on activity October, 1993 through June, 1994. Although some variances have been noted in revenues and expenditures, other amendments will not be proposed until
additional data can be analyzed.
Budget increases to General Fund revenues at third quarter total $1,010,771. The General Fund revenue adjustments reflect an increase of $118,820 in property taxes to the level of
receipts through August. Budget increases are reflected in electric utility taxes, permit fees, and other revenues.
General Fund revenues reflect the contribution of the net earnings of the Atrium Fund in the amount of $535,121; and General Fund expenditures reflect the like transfer of these funds
to the Capital Improvement Fund to support the Harborview Center project.
General Fund expenditures reflect savings in the City Commission, City Manager's Office, Internal Audit, Community Response, City Clerk, Fire, Public Works, Central Permitting, and
Parks & Recreation Departments.
General Fund expenditures are increased by $890,108 at third quarter, reflecting the transfer of Atrium Fund proceeds to the Harborview Center project, the appropriation of $300,000
to establish the project for ADA improvements to Jack Russell Stadium, $31,000 to support the sign amortization program, $71,952 to support the Infill Housing program, $16,555 for environmental
testing at the Airpark; $57,152 for Ervin's Youth Club, and funding for the CommUNITY campaign and the Bombers organization.
At third quarter, projected General Fund revenues exceed the current year budgeted expenditures by $120,663, and that amount is being added to the General Fund unappropriated retained
earnings representing a total contribution to General Fund unappropriated retained earnings of $1,544,955 for FY 1993/94.
Water and Sewer Fund revenues are approximately as anticipated at third quarter, and no further revenue amendments are proposed for FY 1993/94. The only amendment to operating expenditures
at third quarter reflects savings of $800,000 in inventory purchases of water from Pinellas County.
Gas Fund revenue increases totalling $259,265 primarily reflect the appropriation of proceeds (loan from the cash pool) to support the purchase of equipment for the Gas Sales office
and office automation equipment as previously approved by the Commission, an increase of $150,000 in gas commodity charges, and the appropriation of $37,322 to the Capital Improvement
Fund to establish a project for the anticipated purchase of modular furniture for Gas offices.
The Solid Waste fund reflects savings in County dump fees at third quarter. The only amendment to operating expenditures reflects the transfer of $100,000 to the Capital Improvement
fund to provide funds to clean up the old Solid Waste facility.
Stormwater Fund operating revenues and expenditures are approximately as budgeted at third quarter. No further amendments are proposed for FY 1993/94.
The Recycling Fund revenue amendment merely reflects additional revenues received under the State recycling grant. No further amendments are proposed to Recycling Fund expenditures
for FY 1993/94.
Only minor amendments are proposed for the Bridge Fund at third quarter.
Marine Fund revenues and expenditures reflect an offsetting administrative change in the method of paying the Special Fuels tax on marina diesel fuel sales. Expenditure amendments
reflect the return of Marine funds from the Capital Improvement Fund and the transfer of Marina funds to the Capital Improvement project to support the Marina Sidewalk Replacement project
as approved by the Commission on August 15, 1994.
There have been no changes to Parking Fund revenues at third quarter. Parking Fund expenditures are actually decreased with the return of Parking funds from the Capital Improvement
Fund.
Pier 60 program revenues and expenditures are approximately as budgeted at third quarter. No further amendments are proposed for FY 1993/94.
At third quarter, the Atrium Fund reflects the contribution of the net earnings on the Atrium Fund to the General Fund.
The most significant amendment to the Internal Service funds includes the appropriation of prior year retained earnings of the Administrative Services Fund to provide funding for the
lease agreement and moving costs of the Utility Support Group to 900 Chestnut Street.
Other budget amendments reflect savings in garage operating charges.
The amendments to the Capital Improvement Fund total a net increase of $4,438,041.91.
Tina Wilson, Budget Director, reviewed the report. She noted $300,000 has been set aside for ADA improvements at Jack Russell stadium. Ms. Wilson reported the Budget Advisory Committee
has expressed concerns regarding the funds being transferred to the undesignated balance. She noted $500,000 had come from the Scientology settlement. Revenues from utility taxes reflected
the abnormal weather.
The City Manager noted in a memorandum that the information kiosk had not been funded. She recommends funding the $35,000 through savings in the Fire Department and Traffic signal
programs.
Commissioner Thomas moved to approve the 3rd quarter budget amendments. The motion was duly seconded and carried unanimously.
a) First Reading Ord. #5676-94 - operating
The Assistant City Attorney presented Ordinance #5676-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5676-94 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) First Reading Ord. #5677-94 - capital improvement
The Assistant City Attorney presented Ordinance #5677-94 as amended for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5677-94 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 - First Reading Ord. #5653-94 - establishing the Environmental Advisory Board, creating Secs. 2.160-2.164, dissolving the Environmental Advisory Committee (PW)
On January 18, 1994, the City Commission directed steps be taken to make the Environmental Advisory Committee (EAC) a permanent advisory board. At the May 12, 1994 meeting, the EAC
unanimously approved Ordinance # 5653-94, subject to minor language changes that have been incorporated into the ordinance.
Upon second reading, the EAC shall be dissolved in accordance with Section 2 of the new ordinance and the appointment of all existing Committee members shall be terminated. Applications
by City residents who have expressed interest in appointment or reappointment to this new Board have been presented for Commission consideration and action.
Commissioner Deegan indicated the Commission had not received copies of the applications. The City Clerk stated she will make sure the City Commission receives them prior to second
reading.
Mike Foley, EAC member, questioned if the EAC will still exist following the 1st reading of this ordinance. Mayor Garvey indicated it would, but members would need to be reappointed
after the second reading. Commissioner Thomas felt all members should be reappointed. Commissioner Berfield noted it was not automatic. Commissioner Deegan indicated the Commission
would need to specify term lengths.
Commissioner Berfield questioned if 10 were too many members. Mayor Garvey agreed. Commissioner Berfield noted how difficult it is to get 10 members together. Mr. Foley reported
EAC meetings are well attended averaging 6 - 10 members per meeting. The Mayor requested a copy of EAC's attendance records.
Commissioner Berfield moved to establish the Environmental Advisory Board and dissolve the Environmental Advisory Committee. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5653-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5653-94 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 #34 - Other Pending Matters
a) Final Site Plan for Park Place Outparcels located on the north side of Gulf-to-Bay Blvd., on the east and west sides of Park Place Blvd. (Lincoln Commercial Properties, Inc.)
On August 18, 1994, the Commission authorized the DRC to review this development's site plan, with final approval reserved for the City Commission. The DRC reviewed the final site
plan on August 30, 1994, and recommended Commission approval subject to the final conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) The
requisite building permits must be procured within one year 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) The dates and conditions
for approval by the Planning and Zoning Board (P&Z) for conditional use approval and the Development Code Adjustment Board (DCAB) 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) A fire hydrant assembly shall be installed not more than 300 feet from each structure; 8) 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 the issuance of a building permit, a copy of the approved SWFWMD permit is to be provided to the 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 regulations; 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 provided
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; and 29)
The applicant shall submit a recorded copy of a Declaration of Unity of Title prior to issuance of a building permit.
The applicant proposes to construct three restaurants and a retail building on four separate lots with associated parking and landscaping. One stormwater retention pond is proposed
to serve the four restaurant/retail lots. The applicant desires to plat the property for signage purposes. A Declaration of Unity of Title will be required prior to issuance of building
permits. The subject outparcel properties are included in the Park Place Development of Regional Impact (DRI) Development Order. The proposed restaurants and retail building will front
Gulf-to-Bay and will be required to file cross-access agreements for optimum internal
traffic circulation. The applicant has revised the preliminary site plan by removing the two driveway points of access from Gulf-to Bay. As the lots are heavily wooded, the City's
Environmental Management Group has worked closely with the developer in the design to retain as many mature trees as possible.
The developer of the Park Place DRI already paid a $600,000 fee in lieu of land dedication of meet the City's Open Space Land Dedication requirement. In accordance with the DRI Development
Order, Park Place Boulevard must be completed through the course of the development.
Scott Shuford, Central Permitting Director, reported the main issue of staff concern relates to the completion of Park Place Boulevard. He stated he had received notice of a proposed
change that includes a schedule identifying the Developer's obligations to dedicate and construct Park Place Boulevard. He said the applicant has sufficient access to the properties.
He noted the FDOT eliminated driveways to SR 60.
Commissioner Thomas moved to approve the final site plan for Park Place Outparcels subject to the previously stated DRC conditions. The motion was duly seconded and carried unanimously.
b) Revalidating the 1981 redevelopment Plan for downtown Clearwater - Res. #94-66 - readopting a corrected map of the boundaries of the CRA within the central downtown business district
of the City to serve as the official map of the boundaries of the area
The Commission recently adopted a resolution requesting the Pinellas County Board of County Commissioners to grant the City redevelopment authority for the areas clarified in a more
precise reading of the legal description establishing the City's Downtown Community Redevelopment Area. The second step in covering these areas with the City's redevelopment authority
is for the Commission to adopt the resolution clarifying that the City's existing Redevelopment Plan applies to these "added" areas. The resolution accomplishes this purpose and will
bring these properties under the purview of the existing Redevelopment Plan.
The County Commission still will have to act to finalize the granting of redevelopment authority, and the Pinellas Planning Council will need to adopt land use plan changes to bring
these properties into the City's Central Business District plan designation. The CRA and City staff will prepare a revision to the Redevelopment Plan for Commission review in approximately
six months.
Commissioner Deegan stated the CRA is not adding to its territory. Ms. Deptula agreed this was a technicality. Mr. Shuford noted this was a clarification of the 1981 plan.
Commissioner Berfield moved to revalidate the 1981 redevelopment Plan for downtown Clearwater and readopt a corrected map of the boundaries of the CRA within the central downtown business
district of the City to serve as the official map of the boundaries of the area. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Resolution #94-66 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-66 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
CITY ATTORNEY REPORTS
ITEM #35 - Resolutions
a) Res. #94-58 - Demolition Lien - 1111½ Grant Street (Batten)
The Assistant City Attorney presented Resolution #94-58 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-58 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) Res. #94-59 - Demolition Lien - 404 Vine Avenue (Burton)
The Assistant City Attorney presented Resolution #94-59 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-59 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
c) Res. #94-60 - Demolition Lien - 1303½ N. Ft. Harrison Avenue (Irle)
The Assistant City Attorney presented Resolution #94-60 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-60 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
d) Res. #94-62 - Demolition Lien - 1016 LaSalle Street (Trammell)
The Assistant City Attorney presented Resolution #94-62 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-62 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
e) Res. #94-63 - Demolition Lien - 1311 N. Greenwood Avenue (Celia Harmon Estate)
The Assistant City Attorney presented Resolution #94-63 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #94-63 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
f) Res. #94-64 - Assessing certain real property located in Greenwood Park No. 2 Subdivision, having a post office address of 1313 N. Greenwood Avenue, in the amount of $2,094 for costs
of demolition incurred in removing a dangerous structure without the consent of owner
The Assistant City Attorney presented Resolution #94-64 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-64 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
g) Res. #94-68 - Assessing owners of property the costs of having mowed or cleared owners' lots
The Assistant City Attorney presented Resolution #94-68 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-68 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
h) Res. #94-72 - accepting the franchise, privilege and concession of the City of Oldsmar, Florida, for the purpose of furnishing gas within the City of Oldsmar and to its inhabitants
The Assistant City Attorney presented Resolution #94-72 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #94-72 and authorize the appropriate officials
to execute same. The motion was duly seconded.
Commissioner Deegan mentioned page 4 regarding the Oldsmar Resolution's referral and questioned if the City agreement to a 20 year payback for capital improvements was normal. The
City Manager pointed out the Oldsmar ordinance is dated 1984. Mr. Warrington stated his department had discovered the Commission had never approved acceptance of this ordinance.
Upon the vote being taken: roll call vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #36 - Other City Attorney Items
The Assistant City Attorney requested a closed attorney/client session regarding Dimmitt versus the City. The meeting was set for 5:00 p.m. on September 15, 1994.
ITEM #37 - City Manager Verbal Reports
The City Manager invited the Commission to Ross Norton Park on September 7, 1994, for a visit from the Governor regarding Community Police. She stated he is scheduled to arrive around
2:15 p.m. The presentation should last between 30 and 45 minutes.
Ms. Deptula reported grand openings of Police substations would occur on Saturday, September 24, 1994, in the Old Clearwater Bay and South Greenwood neighborhoods.
ITEM #38 - Commission Discussion Items - None.
ITEM #39 - Other Commission Action
Commissioner Deegan thanked Robert Brumback for attempting to clarify the confusion regarding what to do with newspapers put out for recycling on rainy days but felt the literature
still caused confusion by its reference to placing newspapers in brown paper bags.
Commissioner Deegan referenced the Mayor's memorandum regarding consensus. Mayor Garvey said she was frustrated when reviewing the minutes of the Charter Review discussion and not
being able to identify if "consensus" represented 5-0 or 3-2 agreements. Commissioner Deegan noted Mayor Garvey's definition differentiated unanimous from consensus and read the definition
of consensus from a dictionary. He stated consensus is used when no vote is taken. The word comes from Latin "to agree" and means a "general agreement." He said if numbers are recorded,
the word consensus is inaccurate.
Commissioner Fitzgerald questioned how to differentiate unanimous from consensus. Commissioner Deegan stated at workshops if all agree without a vote, it is consensus. If every
opinion is polled, then it is no longer consensus but a vote. Mayor Garvey requested using "majority" and "unanimous" instead of consensus.
Commissioner Thomas stated the reality is that a majority of the Commission agreed. He noted how difficult it would be for the City Clerk to poll each decision. The Mayor did not
think that should be a problem. Commissioner Thomas recommended voting on each discussion to clarify any questions. Commissioner Deegan noted consensus is used because it helps build
a team spirit. Mayor Garvey felt there did not have to be a vote on every item but the minutes should reflect if a majority supported an issue. The City Clerk expressed concerns regarding
Commissioners who do not verbalize their thoughts on an issue. Commissioner Deegan recommended the Mayor take the lead and poll the Commissioners for their opinions during each discussion.
The Commission agreed "majority" is to be used when an agreement on issues for which no vote is taken is not unanimous; consensus will be used when there is unanimous agreement.
Commissioner Fitzgerald requested the Legal Department review the City's position regarding gun shows in light of the recent court decision overturning Tampa's prohibition of gun shows
in the Convention Center. Mayor Garvey said if the City has to allow gun shows, she suggested regulating sales. Assistant City Attorney Hull indicated he would get a copy of the opinion.
Commissioner Fitzgerald reported Tampa had not yet decided if it will appeal the decision.
Commissioner Fitzgerald stated his question regarding whether or not the Empress Cruise Line collected sales tax on their service charge was never answered. Mr. Shuford indicated the
cruise line will appear before the City Commission early next month regarding the 6 month review of their operation.
Commissioner Thomas requested the City aggressively pursue an Occupational Regulatory Fee for cruise ships. He recommended the fee be set at $150,000 to $200,000 per year and asked
staff and the Interim City Attorney to review this suggestion. Mayor Garvey spoke against a $250,000 fee. Commissioner Thomas agreed it should be reasonable. Commissioner Deegan agreed
with staff reviewing the proposal. He recommended the fees also be applied to sexually oriented businesses.
Commissioner Thomas questioned a report that staff had approved the beach Pick Kwik's license to sell alcohol. Mr. Shuford indicated staff had not and was looking into whether the
business had found a loop hole or was violating the law. He stated when the Pick Kwik is using the 2COP license for the Bikini Lounge, a previous business in that location, which they
requested be reassigned and downgraded to a 2APS. The State complied. Also, Pick Kwik says the Conditional Use permit granted by the Hearing Office required a variance from the City
Commission, based on separation from like establishments in the immediate area. Mr. Shuford reported the Camelot Motel is no longer operating and the 7-11 is now a Circle K. The Pick
Kwik's position is that they no longer need a variance from the City Commission and announced they will be selling alcoholic beverages.
Commissioner Thomas questioned if staff was aggressively pursuing this matter. Mr. Shuford stated they were. He noted the Pick Kwik has blocked the Circle K from getting a license
to sell alcoholic beverages. During a conditional use appeal, a letter is issued that the
appeal will cease operation. He reported the Code says an appeal stays decisions by the Planning & Zoning Board, therefore, a license for Circle K cannot be issued.
Commissioner Fitzgerald questioned if one business appeals, can it knock another business out of competition. Mr. Shuford said that was correct but with variances, the action is more
clean cut. Commissioner Fitzgerald felt it did not seem right that a competing business can stay the ability of another business from operating.
Commissioner Thomas noted in any legal case when there is an appeal, everything stops until a resolution is reached. He recommended allowing Circle K to sell alcohol during the appeal
and requested staff to see if they can correct the situation. Mr. Shuford noted if the City ignores the code, the problems would be enlarged. Assistant City Attorney Hull agreed with
Mr. Shuford. He stated the matter could only be stayed during the Hearing Officer appeal.
Commissioner Deegan questioned the final determination of the case. Mr. Hull reported it was before a Hearing Officer. Mr. Shuford suggested another option may be to investigate if
the business ownership changed when the 7-11 became a Circle K. If it has not, the license may not be affected and they maybe able to continue operating under the 7-11 license. Mr.
Hull reported his review of the Code indicated if the Hearing Officer decision is appealed, it will be stayed again. Mr. Shuford stated he needed to spend time with legal and may request
a closed attorney/client session.
Commissioner Deegan questioned if Mr. Shuford had spoken with attorney Harry Cline, representative for the Circle K. Mr. Shuford stated he spoke with him for only five minutes. Mr.
Deegan referred to a reference in Mr. Cline's letter that issuing a license during an appeal was consistent with City policy. Mr. Shuford stated the letter referred to letting someone
begin operation during the 14 day period in which an appeal must be filed. Commissioner Deegan recommended Mr. Shuford speak with the Legal Department and Harry Cline.
Commissioner Deegan noted Pick Kwik's strategy seems to be to remove a similar business so Pick Kwik will no longer need a variance. He questioned if a separation is needed between
the Pick Kwik and residents and/or parks. Mr. Shuford stated the current code does not address parks. He noted residential areas are not affected because there are no doors or windows
on that side. He stated he would send the City Commission a full explanation via memorandum.
Commissioner Thomas stated he received a call from Kathy Darby, representative of the owner of the Ice House. He expressed concern regarding the Mayor suggesting Ms. Darby contact
him when he could not talk to them about the issue because the case has to go to court. Mayor Garvey said she wanted each Commissioner to have information. Mr. Shuford stated he reviewed
the Ice House issue. The Building and Flood Board refused to grant an extension of the Building Official's ruling. He reported tomorrow the City is opening bids to raze the building.
He stated if a contract comes in at less than $10,000, the City will go forward. He noted the Commission can request staff to wait if it chooses. He stated if the City does not follow
through with demolition and damage is done due to high wind, the City can be in trouble.
Commissioner Thomas said he did not wish to speak to this because he did not want to be put in a bad legal position. He questioned if the Circuit Court or Hearing Officer runs the
City. He felt the Code should be changed to allow the Commission to be the arbitrator in cases.
Commissioner Deegan also expressed concerns that he was under the impression the issue was out of the Commission's hands and that he was told the Mayor suggested the owner and representative
talk to all Commission members. Commissioner Deegan expressed aggravation at being accosted at City Hall and spending two hours with Ms. Darby and Mr. Schoeller when their only recourse
was to go to court. He questioned why the Commission should delay demolition and recommended following code. Commissioner Thomas recommended the courts decide this issue.
Commissioner Thomas reiterated his suggestion to rewrite the code to assign arbitration to the City Commission. He recommended staff study and analyze what role the City Commission
should play regarding appeals. Mr. Shuford said the boards have been asked to share their views on this matter. He reported the Planning & Zoning Board is scheduled to consider this
item. A report is to be given to the Commission during the October 17, 1994 meeting. He stated he would request an opinion from the Building and Flood Board. Commissioner Deegan noted
the Civil Service Board has recommended contracting with attorneys for pro bono work. Mayor Garvey stated she was not in favor of the City Commission hearing appeals. She reported
the reason it was changed was because some decisions were political. Commissioner Thomas suggested waiting for the boards' recommendations prior to reaching a decision.
Commissioner Thomas noted someone had sent him flowers and said there has been an outpouring of support due to the publicity regarding a recall effort. He thanked all for their support
and gave the flowers to the City Manager.
Commissioner Berfield reported since October 1, 1993, 224,000 square feet of property has been sold or leased in Downtown. Commissioner Fitzgerald questioned 150,000 square feet being
in one building. Commissioner Berfield stated that was not on the list provided to her. Commissioner Thomas stated the point is that things are looking up in Downtown.
Mayor Garvey reported the Downtown Development Board agreed to share the cost of marketing the Harborview Center restaurant spaces.
ITEM #40 - Adjournment
The meeting adjourned at 11:06 p.m.