09/15/1994 CITY COMMISSION MEETING
September 15, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 15, 1994 at 6:05 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Fred A. Thomas Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Arthur X. Deegan, II Commissioner
Also present:
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Alan Zimmet Interim City Attorney (departed 6:55 p.m.)
Miles Lance 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 Reverend Dick Church of Calvary Baptist 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
One service award was presented to a City employee, and another was presented in absentia.
ITEM #4 - Introductions and Awards
Proclamation: Public Natural Gas Week - October 2 - 8, 1994.
A Citation of Appreciation was presented to Katherine Merriam for service on the Library Board.
ITEM #5 - Presentations
Tom Miller, Assistant Director/Public Works/Environmental, announced the City was receiving the Gold Leaf Award from the International Society of Arborculture (ISA) for the project
in partnership with Florida Power and the Boy Scouts at Countryside Boulevard and Winding Wood Drive to restore the Coastal Scrub Community.
Certified Arborist for Florida Power, John Whitney, presented a slide show of the project. He reported it was initiated due to neighborhood complaints and its purpose is to beautify
the roadway and screen the high power lines running along the electric company's right-of-way. Tom Jonson was instrumental in pursuing the project as part of his obtaining his Eagle
Scout status. The more than 400 native plants and shrubs installed have exhibited significant growth. He explained native plants were used because of their ability to survive on normal
area rainfall. Mr. Whitney noted the educational value of the project with its self-guided, labeled trail and examples of Xeriscaping. He indicated the fauna will encourage native
wildlife. Sixteen acres of Florida Power right-of-way, adjacent to the planting area, have been restored. He reported the significance of the project, with its more than 100 species
of plants, has been noted by State and Federal agencies.
Mr. Whitney said the International Society of Arborculture (ISA), with 23 chapters worldwide, presents only 23 awards a year. Of the nominations from eight states, Clearwater's project
was judged most significant. Mr. Whitney presented the Mayor with the ISA Gold Leaf Award for "Outstanding Landscape Beautification Activity."
Mayor Garvey thanked Mr. Whitney for what he had done to make a difference. She also thanked the Boy Scouts, Mr. Jonson, citizens, and staff.
ITEM #6 - Approval of Minutes
It was noted the City Clerk had previously distributed corrections.
Commissioner Deegan referred to page 11, paragraph 1, of the minutes of September 1, 1994 and questioned Ms. Deptula's statement regarding the cost of the Harborview Center project.
Commissioner Fitzgerald stated his request for a complete cost of the project was answered by the estimate in Mr. Baker's September 6, 1994 memorandum. The $8.225 million estimate
contained in that memorandum differs significantly from the amount mentioned during the discussion. Consensus was to strike the sentence, "Ms. Deptula stated that amount completes the
project."
Commissioner Deegan requested deleting the phrase on page 12, paragraph 6, "...for their oversight." He referred to page 13, paragraph 2, and requested the phrase "...to extend the
City's loan..." be changed to "...delay payment...." He referred to page 33, paragraph 5, and requested the phrase, "...being accosted at his office..." be changed to read "...being
accosted at City Hall...."
Commissioner Deegan moved to approve the minutes of the regular meeting of September 1, 1994, as amended. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
ITEM #8 - Second Reading Ord. #5691-94 - submitting to the City electors proposed amendments to the City Charter which propose to amend the Charter by amending the powers of the Commission
re 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
Commissioner Fitzgerald indicated the ordinance amendments proposed by the Interim City Attorney clarify the questions.
Commissioner Fitzgerald moved to amend Ordinance #5691-94 as presented in Exhibit A to these minutes. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #5691-94 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5691-94
as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #9 - Public Hearing re Florida Gulf Coast Art Center ballot question - Res. #94-76 - providing for the holding of a referendum election for the purposes of considering the Commission's
finding that the development of certain property located between Cleveland Street and Pierce Street, and west of the existing City Hall for purposes of the Florida Gulf Coast Art Center
is in the interest of the public health, safety and welfare of the citizens
The Mayor noted this was a moot point as the Board of Trustees of the Florida Gulf Coast Art Center have voted to accept Pinellas County's offer of land in mid-county.
Commissioner Thomas moved to withdraw this item. The motion was duly seconded and carried unanimously.
ITEM #10 - 1994/95 Budget
The City Manager reported the 1994/95 Budget represents a cooperative effort by citizens, staff, and the City Commission. She said she was proud of the budget and how it reflects the
priorities of Clearwater's citizens. She recommended the millage rate remain the same for the fourth year. Ms. Deptula referred to efforts to limit the number of additional City employees
and reported management is reviewing the staffing levels of all City departments.
Tina Wilson, Budget Director, presented a slide show highlighting trends. She noted the millage rate has not changed drastically since 1988. Property tax revenues, representing 30%
of all revenues, decreased slightly. When adjusted for inflation, net operating expenses have remained constant. Though numerous new programs have been added such as the gas system
expansion, the recycling program, and joining the County Library Cooperative, the net increase of City employees in the past 12 years has been limited to 49.3 positions. Ms. Wilson
reviewed the general fund revenues by major sources, property and utility taxes, intergovernmental revenues, and interfund charges and transfers. She noted 49% of general
fund expenditures is directed to the Police and Fire Departments. The third largest appropriation of general funds is directed to Parks & Recreation.
a) Second Reading Ord. #5678-94 - FY 1994/95 - millage rate
The Assistant City Attorney presented Ordinance #5678-94 for second reading and read it in full. Commissioner Berfield moved to pass and adopt Ordinance #5678-94 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.
b) Second Reading Ord. #5679-94 - FY 1994/95 - operating
The Assistant City Attorney presented Ordinance #5679-94 for second reading and read it by title only.
Bob Wright stated he has been advocating efficiency in Government through right-sizing for four years. He noted a reduction of 11 positions occurred in FY 1993 but the number increased
in FY 1994 to 1620 and in FY 1995, the proposed number is 1646.
Mr. Wright reported he forwarded a book to management on right sizing two years ago and the reply he received from former City Manager Wright stated the management team had worked on
and developed initiatives for these "lofty goals." He reported Commissioner Deegan initiated goals and performance measurements last year to include combining job classifications.
Although 25 classifications were eliminated in FY 1994 and a similar goal is in place for FY 1995, he noted no reduction was made to the number of employees. Mr. Wright questioned the
value of the $5,000 annual expenditure for the City's membership to the Florida Innovation Group (FIG).
Tim Kadel, Executive Director of Girls Inc., indicated he "almost had a heart attack" last month when funding was cut for Girls Inc. during the August 11, 1994 budget hearing. He stated
he now understands the City has located monies to continue its support of Girls Inc. Mr. Kadel indicated clients, parents, volunteers, and staff had accompanied him tonight to thank
the City for caring about them.
Commissioner Fitzgerald reported he has not changed his opposition to the Municipal Service Building. He stated he would vote for this budget with reluctance.
Mayor Garvey questioned why the number of employees had increased. Ms. Wilson stated the addition of 13.3 was due to the City's membership in the County's Library Cooperative, 3.3
were added to support the gas expansion, and 8 were added for the new recycling program. All new positions were approved by the City Commission.
The City Manager indicated she understood Mr. Wright's concerns. She reported the
dismantling of large departments and the elimination of a level of administration. She reported 150 new positions were needed to run the City's new programs when actual staff increases
were limited to approximately 50. She noted many of the new programs pay for themselves.
Ms. Deptula stated management will be using the FIG membership to compare the City's staff with other governmental organizations and establish benchmarks.
Commissioner Thomas requested the public review their tax bills and compare the taxes they are paying the City with what they pay the County and compare the level of services they receive.
He noted the City receives fewer tax dollars than does the County. He indicated Clearwater is doing an outstanding job.
Commissioner Deegan moved to pass and adopt Ordinance #5679-94 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.
c) Second Reading Ord. #5680-94 - FY 1994/95 - capital improvement
The Assistant City Attorney presented Ordinance #5680-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5680-94 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 #11 - Second 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., and Site Plan (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 indicated changes were made to the permitted signage allowances to reflect previous authorizations approved for the Kash & Karry development once considered for this site.
Ed Armstrong, attorney representing the applicant, indicated he had no problem with the change.
Commissioner Berfield moved to approve Commercial Planned Development (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., and Site plan with conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) 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; 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 for the CPD zoned portion of the site 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 also 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.
The Assistant City Attorney presented Ordinance #5670-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5670-94 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 #12 - (Reconsideration) Variance(s) to Sign Regulations for property located at 26810 & 26812 US 19N, Sec. 30-28-16, M&B 43.01 (Dickey/Rehabworks/Doctor's Walk-In Clinic, SV93-59)(CP)
On February 7, 1994, the City Commission approved sign area and setback variances for this property, and denied a variance to allow the continuation of a second freestanding sign.
The applicant subsequently requested the variances be reconsidered in order to allow the two existing signs to remain until November 30, 1994, to allow the existing lease obligations
to expire and allow for a transition of tenants. On June 2, 1994, the Commission agreed to reconsider the variance application.
The applicant is requesting the following variances be approved through November 30, 1994: 1) a variance of one freestanding sign from the permitted one freestanding sign to allow
two freestanding signs; 2) an area variance of 198 square feet from the permitted 50 square
feet to allow 248 square feet of freestanding sign area; 3) a setback variance of one foot from the required five feet to allow two freestanding signs four feet from the US 19N right-of-way;
and 4) a setback variance of three feet from the required five feet to allow the northernmost freestanding sign two feet from the north side property line.
Mr. Shuford recommended this request be denied but suggested enforcement be delayed until December 1, 1994.
Todd Pressman, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. Mr. Pressman stated Doctor's Walk In Clinic wished to follow code and
the sign would only remain a short time longer.
Commissioner Thomas indicated he would support denying this request if a condition was added to delay enforcement until November 30, 1994.
Commissioner Berfield moved to deny this request with a directive to staff not to enforce the sign code at this property until November 30, 1994. The motion was duly seconded and carried
unanimously.
ITEM #13 - (Cont'd from 04/27 & 06/02/94) Variance(s) to Sign Regulations for property (Parkside Office) located at 24639 US 19N, Sec. 5-29-16, M&B 22.04 (Kokalakis/Kokalakis/Kastrenakes,
SV93-75)(CP)
This item was continued from the April 27, 1994 meeting, because the applicant's representative indicated an interest in revising the variance application to include a request for a
sign area variance. Originally, the two signs proposed for this property were 61.6 square feet and 48 square feet. The combined area of the two signs in the original proposal, 109.6
square feet, conformed to the zone limit of 112 square feet. The revised application requests each sign be allowed an area of 112 square feet. The total area for the two signs in the
revised proposal will be 224 square feet.
The applicant now requests the following variances: 1) a variance of one freestanding sign from the permitted on freestanding sign to allow two freestanding signs; 2) a setback variance
of five feet from the required five feet to allow the Parkside Office freestanding sign to be positioned zero feet from the US 19N right-of-way; and 3) an area variance of 112 square
feet from the permitted 112 square feet to allow a total freestanding sign area of 224 square feet.
The subject property is located on the east side of US 19N, north of Sunset Point Road, and zoned Highway Commercial. The variance is requested to permit the placement of signs for
the Parkside Office Center and the vacant First Florida bank building. The existing "Parkside" sign, located on a planter wall, and freestanding "Beachnuts" sign and "First Florida"
signs are proposed to be removed.
Staff notes the Parkside Office Center, located behind the vacant First Florida bank building, has no frontage on US 19N or other public street. The property is accessed via a
private drive north of the vacant bank. The applicant for this sign variance, the owner of the bank property, proposed to place a freestanding sign along US 19N on the bank property
near the private drive to identify the Parkside Office Center to US 19N motorists. Since there also will be a freestanding sign identifying the future use of the bank property, a variance
is necessary for a second freestanding sign.
One freestanding sign, 112 square feet in area is permitted. Each of the two signs proposed is 112 square feet. Given the lack of good identification for the office center, it is
reasonable to allow a second sign on this property to identify the office center. However, it is staff's position that the granting of area variances to accommodate off-site communication
is not a good precedent, and does not satisfy the standards governing variance approval. A preferential approach, from staff's perspective, is sign placement consistent with the areas
proposed in the original application, or some other combination of areas that does not exceed the 112 square foot zone limit.
The requested setback variance for the office center sign is five feet. However, the application fails to identify any condition unique to the property and staff review fails to identify
any such condition either. A sign positioned in accordance with the setback requirement will be fully visible to US 19N traffic.
Todd Pressman, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. Mr. Pressman distributed copies of a survey of the office center of
seven buildings, 900 feet off the highway. He said the applicant requests a pole sign solely to identify the complex by name only.
Mr. Pressman distributed an aerial photo of the subject property and surrounding area. He requested the same size signage of 112 square feet, allowed neighboring properties zoned Highway
Commercial. He stated motorists experience difficulty in locating the business center because it lacks identification. Mr. Pressman distributed photographs of the private entrance
road to the property.
Mayor Garvey indicated she agreed with staff's recommendation. Mr. Pressman said other properties are permitted one 112 square foot sign each. Staff recommended permitting two signs
totaling only 112 square feet.
Mayor Garvey indicated a second issue is the setback issue. Mr. Shuford stated it would not be a problem to either relocate the proposed sign or grant the setback variance.
Commissioner Thomas questioned how much attached signage is permitted on the bank building. Mr. Shuford indicated 150 square feet. Commissioner Thomas questioned if the bank building
was vacant. Mr. Pressman reported it was presently vacant but the property owners reserve their right to the 112 square feet of allowed signage on a freestanding sign and have indicated
they will allow Parkside Office complex to locate a sign on their property.
Mr. Shuford noted the original variance request in April 1994, requested a total of 109.6 square feet of signage for the two properties while this request totals 224 square feet. Mr.
Pressman indicated a change in ownership has occurred and the new owner recognized the original proposal would not solve the problem.
Commissioner Thomas stated he had difficulty understanding how a second sign could be seen by motorists speeding past the limited sized property. He suggested the businesses would
be better served with one sign, identifying both properties. He reiterated it would be difficult to see two signs in a short space. Mr. Pressman stated the only sign that could be
reduced in size would be the second one he is requesting. Mayor Garvey agreed the impact would be better if one sign was used to identify both businesses.
Commissioner Deegan questioned who owned the ingress and egress to the subject property. Bradford Johnson, representative of the applicant, stated the access is owned by the abutting
properties, the bank property, Ken Marks Ford, and the office park. All three have provided easements for access.
Mr. Pressman stated it was not a balancing act between the two signs. The front property owners want the total 112 square feet of signage to which they are entitled. The request for
the second sign, for Parkside Office complex, must stand on its own.
Commissioner Deegan questioned if the rear property could claim US 19N frontage. Mr. Shuford said he now better understood Mr. Pressman's concerns and suggested an auxiliary, 56 square
foot sign could be approved or, if the Commission feels it necessary, a 112 square foot sign. Commissioner Deegan felt the smaller sign would be lost next to nearby signage on the high
speed road. Mr. Shuford suggested limiting the sign's height and orienting it close to the road would ensure the sign's visibility. Commissioner Deegan agreed.
Commissioner Berfield questioned if a similar request on a different property had earlier been denied. The City Clerk indicated the previous request was to provide signage for an outparcel
which had never been subdivided or officially replatted and was considered to be part of one property.
Commissioner Berfield questioned when the office park had been built. Mr. Pressman indicated 12 years ago.
Mr. Pressman agreed lowering the sign's height would solve the problem of blockage. Mayor Garvey questioned if he still requested 112 square feet. Mr. Pressman stated he would prefer
112 square feet. Commissioner Deegan agreed it seemed reasonable.
Commissioner Berfield questioned how many signs were on the Ken Marks Ford property. Mr. Shuford stated Ken Marks has two large signs and an auxiliary one. Commissioner Deegan indicated
it is a long piece of property.
Commissioner Thomas questioned if the office park had filed for bankruptcy because they did not have enough tenants.
Commissioner Deegan moved to grant a variance to the sign regulations for the Parkside Office complex at 24639 US 19N for a 112 square foot sign, limited to 15 feet in height.
Commissioner Thomas questioned if a variance regarding the setback would be granted. Commissioner Deegan questioned if Mr. Pressman needed the setback. Mr.
Pressman indicated without the setback, trees would have to be removed.
Commissioner Deegan questioned where the sign would be in relation to Ken Marks Ford's sign. Mr. Pressman stated the new sign will line up with Ken Mark's sign.
Commissioner Deegan amended his motion to add zero feet setback subject to the condition that by constructing a sign within the street setback pursuant to this variance, the owner and
applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening
or any other public purpose. The motion was duly seconded.
Mr. Shuford confirmed the Commission was considering the granting of the variances with two conditions: a 15 foot height limit and the standard setback conditions.
Upon the vote being taken, Commissioners Fitzgerald, Deegan, and Thomas voted "Aye;" Commissioner Berfield and Mayor Garvey voted "Nay." Motion carried.
ITEM #14 - (Cont'd from 06/16 & 07/21/94) Variance(s) to Sign Regulations for property located at 1861 N Highland Ave., Sunset Square Sub., Lots 1 & 4 (Stuart S. Golding Co./Sunset Square
Shopping Center, SV94-16)(CP)
This item was continued from June 16, 1994, to allow the applicant the opportunity to revise the variance request.
The applicant has revised the application to request the following variances: 1) an area variance of 71 square feet from the permitted 150 square feet to allow a freestanding sign with
an area of 221 square feet, and 2) a height variance of 5 feet from the permitted 20 feet to allow a freestanding sign 25 feet high.
The subject property, on the southeast corner of Highland and Sunset Point, is zoned Commercial Center. The applicant proposes to remove the uppermost "Sunset Square" sign panel, place
a new sign panel beneath the remaining three panels, and reposition the sign panels so they abut each other. The effect of these changes will decrease the sign area from 227 square
feet to 221 square feet, and reduce the height from 39.7 feet to 25 feet.
Todd Pressman, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. Mr. Pressman indicated the shopping center plans include reducing the
amount of pylon signage it is permitted by 26%. Mr. Pressman distributed aerial views of the shopping center and surrounding neighborhoods. He noted no signage is displayed on Sunset
Point Road. He explained the applicants propose to modify the existing sign by removing the shopping center sign panel, bringing the panels together, and adding an additional panel.
He pointed out the site, wedged into a residential area, fronts Sunset Point Road where the property abuts a neighborhood. He noted a second hardship relates to the neighboring shopping
center obstruction of the wall signage at the Sunset Square Shopping Center. He said if the center cannot provide necessary signage for its tenants, a sign will have to be installed
on Sunset Point Road.
Mayor Garvey indicated her familiarity with the area and felt huge signs could not be
justified. She preferred the installation of two small signs.
Commissioner Thomas noted a variance was not required to locate signage on Sunset Point. Mr. Shuford agreed the center could have a 150 square foot freestanding sign on Sunset Point
Road. Commissioner Thomas questioned if the center was permitted to have two 20-foot high, 150 square foot signs. Mr. Shuford agreed. Commissioner Thomas noted this request was for
one, 221 square foot sign, five feet taller than permitted. He questioned how large the sign would be if the additional panel was not approved. Mr. Shuford said it would be 22 feet
tall and 182 square feet in size. Mr. Pressman reported the sign company had indicated they could not remove the bottom panel. He noted tenants are pressuring the center's owners for
pylon signage.
Commissioner Thomas questioned if the panels were part of the sign's structure. Mr. Pressman stated the top sign could be removed but the sign company had advised against making modifications
to the lower part of the sign. Commissioner Thomas expressed concern regarding the safety of the sign.
Mayor Garvey agreed with staff's comments regarding the modest speeds of passing traffic and that a conforming sign would be visible. Mr. Pressman stated there are constraints for
the sign and the center's signage needs are not met, they would look to adding signage on Sunset Point Road.
Commissioner Thomas indicated he believed the variance was being requested for economic reasons. Mr. Pressman stated that was not the priority. A neighborhood petition had requested
the center not locate signage on Sunset Point Road.
Commissioner Thomas moved to grant a variance for a freestanding 22-foot tall and 182 square feet in area sign on property at 1861 N Highland Ave., Sunset Square Sub., Lots 1 & 4 with
the condition that no sign will be installed on Sunset Point Road. The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan and Thomas voted,
"Aye;" Mayor Garvey voted "Nay." Motion carried.
ITEM #15 - Variance(s) to Sign Regulations for property located at 1520 N McMullen Booth Rd., South Oaks Fashion Square, Lot 1 (Goral Tov, Ltd./NationsBank, SV94-29)(CP)
The applicant requests the following variances: 1) a variance of one freestanding auxiliary sign from the permitted one freestanding auxiliary sign to allow two such signs; 2) an area
variance of 34.6 square feet from the permitted 32 square feet to allow a total auxiliary sign area of 66.6 square feet; 3) a separation variance of 140 feet from the required 300 feet
to allow the "NationsBank" auxiliary sign to be 160 feet distant from the primary freestanding sign for the shopping center; and 4) a separation variance of 250 feet from the required
300 feet to allow a second auxiliary sign 50 feet from the "NationsBank" auxiliary sign.
Todd Pressman, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. He stated the applicant has requested a small ground sign for NationsBank.
Mr. Pressman distributed photographs of the site. He requested the bank building be treated as an outparcel and permitted a 64 square foot sign. He said the bank would be willing
to forego a pole sign, feeling a ground sign would be more appropriate. He
noted the bank building's wall signage is not visible from the street. He pointed out 25 users in the shopping center are "clamoring" for space on the shopping center's pole sign.
Commissioner Berfield questioned where the sign would be located. Mr. Pressman indicated it will replace the previous C&S sign. Commissioner Thomas questioned how the proposed sign's
size compares with the C&S sign. Mr. Pressman indicated it would be approximately the same size. Commissioner Berfield felt the proposed sign was less offensive than a pole sign.
Mr. Shuford reported the current 32 square foot sign would be allowed as an auxiliary one. He stated this request is to replace the sign with a 36.2 square foot one and to transfer
the C&S sign to a vacant site.
Mayor Garvey noted the request was for a total of 66 square feet where 32 square feet is allowed. Commissioner Thomas pointed out this application was for an additional sign, one for
each building.
Commissioner Deegan questioned how McMullen Booth's designation as a scenic corridor affected signage along the road. Mr. Shuford explained the designation was a recognition of areas
that do not have existing strip commercial development and an intent to hinder that type of development. Commissioner Deegan felt the signage should be less than permitted for Commercial
Highway or Commercial Center. Mayor Garvey noted zoning limitations required the development to be setback far from the road with limited building heights. She stated the developers
were aware of the sign restrictions.
Commissioner Deegan moved to deny variances to the sign regulations for property located at 1520 N McMullen Booth Rd., South Oaks Fashion Square, Lot 1. The motion was duly seconded
and carried unanimously.
The Commission recessed from 8:38 to 8:52 p.m.
ITEM #16 - Variance(s) to Sign Regulations for property located at 25801 US 19N, Cypress Point Shopping Center, Lot 1 (Cypress Point Holding Corp./Cypress Point Shopping Center, SV94-31)(CP)
The applicant is requesting a height variance of 15.3 feet from the permitted 20 feet to allow a freestanding sign 35.3 feet high.
The subject property is on the east side of US 19N, south of Enterprise Road, and zoned Commercial Center. The variance is requested to permit the existing freestanding sign to remain.
Mr. Shuford reported the sign is visible to northbound traffic but is not as visible to southbound traffic due to landscaping.
Harry Cline, attorney representing the applicants, verified pictures of the property presented him by Mr. Shuford. He stated the applicants wish to keep the sign they have and noted
it is 138 square feet when 150 square feet is allowed. Mr. Cline noted severe site constraints based on the shopping center's single access point to US 19N. The center was constructed
on the easternmost part of the site away from the highway and signage is critical.
Mr. Cline reported the center was developed in the 1980's with a unique construction design of concrete and brick. He noted the property is well landscaped and the trees in front are
maturing. He stated special circumstances are specific to the site which warrant a height variance for the sign. He noted the sign is unique and was designed to be architecturally
compatible with the center. Mr. Cline stated it was not typical of sign structures meant for amortization. He indicated the structure was built to stand for many years.
Mr. Cline stated the sign meets the intent of the Code. It was constructed 40 feet from the road and is quite different from most older signs. He noted staff had recognized good reasons
to grant a modified variance. He said the sign would be of little value if lowered to 23 feet because it could not be seen by southbound traffic. Mr. Cline suggested the existing structure
and sign are not excessive. He indicated this is the only property identification sign on the shopping center's 600 foot frontage.
Mr. Cline referred to Section 44.55(5) and requested the Commission consider the sign was essentially new when the amortization period began, the sign's life expectancy, the cost of
alterations or removal, and the minimal salvage value. He felt the sign offered benefits to the City as it is aesthetically pleasing and removed from the road.
Mayor Garvey questioned what the center will do when the trees grow taller and block the sign. Mr. Cline indicated the center will not ask for a greater variance. He reported the
trees are reaching maturity.
Mayor Garvey noted the sign now only advertises Marshalls. Mr. Cline indicated the center planned to add other names.
Mayor Garvey questioned the sign's setback from US 19N. Mr. Shuford indicated the developer did not locate this sign in the 40 foot utility and drainage easement because they did not
want it jeopardized.
Commissioner Thomas questioned if the center would choose adding the development's address to the sign, removing the Marshalls' sign, and leaving the name, Cypress Point, rather than
tearing down the sign. He indicated he would like the structure to remain. Mr. Cline stated the center would have to tear down the sign because there are lease obligations for signage
with the four major tenants.
Mayor Garvey questioned how many signs the center is allowed. Mr. Shuford indicated two freestanding signs, one 150 square feet and the other 75 square feet, would be permitted. Commissioner
Thomas suggested the applicants could leave the sign structure in place, remove the lettering, and install two new signs.
Commissioner Deegan indicated he was in favor of leaving the sign in its present setting. He felt the sign is not offensive in the aesthetic sense. He noted the one sign covers the
entire shopping center. He saw no problem with the sign, given the setback and setting.
Commissioner Fitzgerald agreed the sign should remain in its present location. He felt the sign is aesthetically pleasing and serves its purpose. He noted attempts to modify the sign
would destroy it.
Commissioner Deegan suggested including a condition that no additional pole signs could be installed.
Commissioner Berfield questioned Mr. Cline's earlier statement that the sign had no salvage value. She believed the bricks could be reused.
Commissioner Thomas questioned if the Commission would break new ground by establishing an architectural standard for variances. Mayor Garvey noted other signs have been approved due
to their uniqueness.
Commissioner Deegan moved to approve a height variance of 15.3 feet for signage located on the property at 25801 US 19N, Cypress Point Shopping Center, Lot 1 with the condition that
no additional freestanding signs are installed. The motion was duly seconded.
Commissioner Deegan requested the center's address be added to the sign.
Upon the vote being taken, Commissioners Fitzgerald, Deegan, and Thomas and Mayor Garvey voted "Aye;" Commissioner Berfield voted "Nay." Motion carried.
ITEM #17 - Variance(s) to Sign Regulations for property located at 420 Bay Ave., Oak Bluffs (condo), common area, Units 1 & 3 (Oaks of Clearwater, Inc./Oaks of Clearwater Condominium,
SV94-17)(CP)
The applicant is requesting the following variances: 1) a variance of one freestanding sign in a zone where no freestanding signs are permitted to allow one freestanding sign with an
area of 12.6 square feet, a height of 4.5 feet, and a setback of 4 feet from the Bay Avenue right-of-way, and 2) a variance of 158 square feet from the permitted 32 square feet to allow
a real estate sign with an area of 190 square feet.
The subject property is located on the west side of Bay Avenue, south of Court Street, and is zoned Urban Center (Bayfront). The variance is requested to permit the existing "Oak Bluffs"
sign and real estate sign to remain.
Mr. Shuford reported staff felt granting a variance for the smaller sign will not detract from the neighborhood or City. However, the 190 square foot real estate sign is not in character
with other real estate signs located in the City and granting a variance to permit it will detract from properties with conforming signs and negatively affect the community's appearance.
Matt Marquardt, attorney representing the applicant, verified pictures of the property presented him by Mr. Shuford. Mr. Marquardt stated he agreed with staff's recommendations.
Commissioner Berfield moved to approve the variance to permit one freestanding sign with an area of 12.6 square feet, a height of 4.5 feet, and a setback of 4 feet from the Bay Avenue
right-of-way, on property identified as Units 1 and 3, Oak Bluffs, a Commercial Condominium, for meeting Sec. 45.24 Standards for Approval, items (1)-(4) and deny the
request for a real estate sign with an area of 190 square feet. The motion was duly seconded and carried unanimously.
ITEM #18 - Public Hearing re Revocation of Surplus Property Designation for remaining portions of the "sludge farm" in Hillsborough County
The City Manager withdrew this item from the agenda.
ITEM #19 - (Cont'd from 07/21/94) Public Hearing & First Reading Ord. #5632-94 - Amending Sec. 41.053, to allow consideration of temporary uses in conjunction with outdoor retail sales,
displays and/or storage conditional uses, amending Ch. 41, Divisions 7 & 8, to significantly revise existing requirements for temporary buildings, portable buildings and tents, and for
temporary retail sales and displays, amending Sec. 42.34, to delete requirements for temporary commercial parking lots as found in the section (CP)
AND
ITEM #20 - (Cont'd from 08/04/94) Public Hearing & First Reading Ord. #5658-94 - Amending Sec. 35.11, to establish definitions for "Outdoor Cafe," Sidewalk Vendor," and "Vendor Stand;"
amending Ch. 41, creating a new division 12 to establish requirements for locating and operating outdoor cafes and sidewalk vendor operations (CP)
Commissioner Thomas moved to continue Items #19 and #20 to October 6, 1994. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #21 - Ord. #5653-94 - establishing the Environmental Advisory Board, creating Secs. 2.160-2.164, dissolving the Environmental Advisory Committee
The Assistant City Attorney presented Ordinance #5653-94 for second reading and read it by title only.
Commissioner Berfield referred to Section 2.161 (2) and expressed concerns that the rules indicate a special meeting can be called by three committee members. She stated under the
Sunshine Law, committee members could not contact each other to schedule a special meeting. Mayor Garvey noted a special meeting could be set at a regular meeting. Consensus was to
delete the sentence referring to special meetings.
Commissioner Berfield questioned the large number of committee members. Commissioners Fitzgerald, Deegan, and Thomas felt the number of committee members should remain at ten.
The Mayor stated she did not believe appointments would be made tonight. Commissioner Deegan indicated he wished to finalize them tonight. Mayor Garvey stated her wish to evaluate
the members who have expressed an interest in continuing as members of the committee. Commissioner Thomas suggested establishing a later effective date for the
ordinance to allow time to make the appointments.
The majority of the Commission favored a committee size of 10 members. Consensus was to make the ordinance effective in 30 days, and appoint members on October 3, 1994.
Commissioner Thomas moved to amend Sec. 2.161 (2) to delete the reference to special meetings and change the effective date to 30 days after adoption of the ordinance. The motion was
duly seconded and carried unanimously.
Commissioner Thomas moved to pass and adopt Ordinance #5653-94 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #22 - Ord. #5654-94 - Amending Sec. 41.151, to revise dimensional requirements for docks (LDCA 94-07)
The Assistant City Attorney presented Ordinance #5654-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5654-94 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. #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 (LDCA 94-20)
The Assistant City Attorney presented Ordinance #5655-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5655-94 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. #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)
The Assistant City Attorney presented Ordinance #5656-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5656-94 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. #5657-94 - Amending Sec. 40.286, to increase the maximum allowable height for the Limited Office district (LDCA 94-14)
The Assistant City Attorney presented Ordinance #5657-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5657-94 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. #5669-94 - Vacating southerly 5' of northerly 10' drainage & utility easement lying in Lot 13, Blk A, Northwood Tract F (Campbell, V94-08)
The Assistant City Attorney presented Ordinance #5669-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5669-94 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 - Ord. #5671-94 - Annexation 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)
The Assistant City Attorney presented Ordinance #5671-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5671-94 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 #28 - Ord. #5672-94 - Land Use Plan Amendment to Residential Low 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, LUP94-20)
The Assistant City Attorney presented Ordinance #5672-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5672-94 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 #29 - Ord. #5673-94 - 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)
The Assistant City Attorney presented Ordinance #5673-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5673-94 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 #30 - Ord. #5674-94 - Land Use Plan Amendment to Commercial General 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)
The Assistant City Attorney presented Ordinance #5674-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5674-94 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 #31 - Ord. #5675-94 - 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, Z94-09)
The Assistant City Attorney presented Ordinance #5675-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5675-94 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 #32 - Ord. #5676-94 - 1993/94 Third Quarter operating budget amendments
The Assistant City Attorney presented Ordinance #5676-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5676-94 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 #33 - Ord. #5677-94 - 1993/94 Third Quarter capital improvement budget amendments
The Assistant City Attorney presented Ordinance #5677-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5677-94 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 #34 - Special Items of widespread public interest - None.
ITEM #35 - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
ITEM #36 - Agreement for purchase of real property, 1.67 acre tract located at Myrtle Ave., between Park St. and Pierce St., from the CRA for $610,000 (CM)
The Community Redevelopment Agency (CRA) of the City of Clearwater owns property the City would like to use as the site for a Municipal Services Building. Two appraisals were obtained
with values of $620,000 from Appraisal Associates recommending the price be set at $610,000, the average of the two appraisals. The CRA purchased this property in 1986 for $690,000
plus expenses of $1,852 for a total cost of $691,852.
The City Manager recommended purchase of this property, commonly known as the Bilgore site. She reported the CRA approved the price.
Commissioner Fitzgerald stated he is against this purchase even though he voted to approve it as a CRA trustee. He said he has been consistently against the project.
Commissioner Berfield moved to approve the agreement to purchase real property, 1.67 acre tract located at Myrtle Ave., between Park St. and Pierce St., from the CRA for $610,000.
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.
ITEM #37 - Ratify/Confirm emergency nature requiring awarding of contract to demolish the unsafe structure at 709 N Ft. Harrison Ave. (White House) to Howard Jimmie Demolition, for $14,090
(CP)
The Building Official declared the "White House" at 709 N Ft. Harrison as an unsafe structure. On April 9, 1994, the owner received notice with a May 6, 1994, deadline to file an appeal
or complete the necessary repairs.
The owner did not request an appeal or make the repairs and the demolition process started. Central Permitting obtained an ownership and encumbrance report on April 18, 1994, and asbestos
survey on July 8, 1994. The asbestos removal work was completed on August 5, 1994. Demolition bids received on August 12, 1994, were not advertised, but solicited from contractors
who normally bid City demolition work.
Due to the building's deteriorating condition and repeated break-ins, the Building Official had the structure demolished before the City Commission's approval, as normally required
for expenditures in excess of $10,000. The Building Official determined the condition of the building created an emergency situation and required immediate action. Upon completion
of the demolition and payment of the contractor, a lien is filed on the property for all demolition costs.
Commissioner Thomas moved to ratify and confirm the emergency nature requiring awarding of contract to demolish the unsafe structure at 709 N Ft. Harrison Ave. (White House) to Howard
Jimmie Demolition, for $14,090. The motion was duly seconded and carried unanimously.
ITEM #38 - Other Pending Matters
a) City Manager evaluation process (memo previously provided)
Ms. Deptula stated her contract indicates her evaluation is to be completed in September and reported to the citizens in October. She said her recommended evaluation process includes:
1) a self evaluation based on goals mutually established at the time of her appointment as Interim City Manager; 2) an individual private discussion with each Commissioner; 3) a report
to the Citizens at the October 6, 1994 Commission meeting that includes a verbal summary of each Commissioner's evaluation, a public discussion and acceptance of the City Manager's goals
for the next year, and a discussion of contract and compensation changes.
Ms. Deptula recommended the evaluation be based on: 1) achievement of agreed upon goals; 2) performance of management duties as detailed in the City Charter; 3) expected managerial
behaviors; and 4) formation of a Personal Development Plan and that a percentage of importance be allotted to each.
Commissioner Thomas indicated missing from the evaluation were reverse profit sharing and incentives to reduce the costs of running the City. Ms. Deptula indicated those goals would
be included in next year's targets and compensation goals.
Commissioner Fitzgerald recommended the Commission reach consensus on a scale to rate the City Manager's performance. Ms. Deptula recommended the SAMP designations: Outstanding, Highly
Successful, Successful, Needs Improvement; and Unsuccessful. Commissioner Fitzgerald recommended a numerical system would be more flexible. Ms. Deptula suggested the number 1 - 5 could
be used but noted how Commissioners may weigh numbers differently. The Mayor felt it would be difficult to use numbers and recommended the SAMP designations. Commissioner Fitzgerald
felt it was easier to work with numbers. Commissioner Thomas suggested Commissioners could use either method.
Commissioner Deegan questioned how each of the four sections would be weighted. Ms. Deptula felt achieving goals established by the Commission and duties required by the City Charter
was very important and recommended each of those sections be weighed at 35%. She suggested 20% for managerial behavior and 10% for her Personal Development Plan.
Commissioner Thomas felt the requirements of the October 6, 1994, report to be presented to the Citizens addressed critical issues but questioned why determining fiscal responsibility
is not included in the list. Mayor Garvey said the Commission would discuss that issue after the Commission evaluates the City Manager's performance and prepares the public report.
Commissioner Thomas stated he wanted the City Commission to buy into his incentive concept. Mayor Garvey indicated the Commission was being asked to evaluate the City Manager's past
performance. Commissioner Thomas noted the Commission is creating a new structure. Ms. Deptula stated Commissioner Thomas' concerns would be addressed through the establishment of
goals for the coming year. Commissioner Thomas concurred.
Commissioner Deegan referred to weighing the sections and suggested "managerial behavior" be given less weight over time. He agreed with a 20% level the first year but felt the percentage
should be decreased next time.
Consensus was to accept Ms. Deptula's recommendations.
b) (Cont'd from 09/12/94) License Agreement with New World Communications of Tampa, Inc. (WTVT Channel 13) for a radio receiver & related equipment for the purpose of monitoring Clearwater
Police Department radio dispatch transmissions for the benefit of their TV news production operation (PD)
This item was continued from the September 12, 1994 meeting in order for staff to review the changes to make sure all administrative costs were covered.
Due to the technology inherent in 800 mHz trunked radio, radio transmissions are not easily monitored with traditional, "over-the-counter" equipment. Since the City installed its 800
mHz trunked system in 1989, various news media organizations have shown sporadic interest in leasing City equipment to monitor police dispatches. In 1990, the City Commission awarded
a license agreement to the St. Petersburg Times leasing two radio receivers.
New World Communications of Tampa, Inc., owner of WTVT television, Channel 13, has requested to lease one desktop radio receiver and power supply under a similar agreement. Under the
proposal, New World Communications will be required to pay the City an initial license fee of $20, an equipment fee of $2,444.50 (equal to the City's purchase cost of the leased equipment),
plus an annual maintenance fee of $180 per year per unit and one-time administrative cost of $295. These fees insure the City incurs no costs in the execution of the agreement.
The City shall maintain ownership of the equipment and all maintenance, equipment repairs and adjustment shall be performed by the City. The equipment will be modified to have no transmission
capability and function as a receiver only of the primary dispatch channels of the Clearwater Police Department and will not receive any tactical, investigative, or supervisory channels.
Over the past four years, the City has not experienced any problems regarding the agreement with the St. Petersburg Times.
Commissioner Deegan indicated the changes to the contract, including an administration fee, reflect the Commission's previous direction.
Commissioner Fitzgerald questioned if additional charges will be levied on the other user. Ms. Deptula indicated when licenses are automatically renewed, year to year, they do not
incur administrative costs.
Commissioner Thomas moved to approve the license agreement as revised with New World Communications of Tampa, Inc. (WTVT Channel 13) for a radio receiver & related equipment for the
purpose of monitoring Clearwater Police Department radio dispatch transmissions for the benefit of their TV news production operation. The motion was duly seconded and carried unanimously.
c) (Cont'd from 09/12/94) Contract to demolish the unsafe structure at 630 Drew Street (Old Ice House) to Howard Jimmie's Demolition, for $21,800 (CP)
On July 6, 1994, Vic Chodora, Central Permitting Assistant Director, issued an unsafe building notice for the "Ice House" at 630 Drew Street. Robert Schoeller, the owner, had until
August 4, 1994, to comply with the notice. Mr. Schoeller appealed the notice. On July 20, 1994, the Building/Flood Board of Adjustments and Appeals upheld Mr. Chodora's decision.
Mr. Schoeller then applied for a variance to extend the time limit to make necessary repairs. On August 17, 1994, the Board heard testimony and denied the request.
Since November, 1991, the City has been working with Mr. Schoeller regarding necessary repairs to the building. Although he has taken several temporary steps, the building has remained
without a roof or windows for two and one-half years, resulting in deterioration of the building's structural components.
Mr. Schoeller hired Kenneth S. Risley, P E, of Florida Tectonics, Inc., for several building inspections. A report, prepared following Mr. Risley's first inspection on October 6, 1993,
itemized fourteen areas of concern. Mr. Risley's report on his November 22, 1993, follow-up inspection after completion of temporary repairs, recommended a reinspection within six months
if the building was not rebuilt to its ultimate design. Mr. Risley's report on his July 19, 1994, re-inspection, stated the temporary repairs were acceptable, the building is uninhabitable,
and the building's structural integrity must be evaluated by the architect or engineer managing the renovation. He also specified that the roof structure and permanent windows should
be installed within one month of his report. As of August 19, 1994, those repairs were not completed and the progress of restoration does not allow for completion in the near future.
The Purchasing Division advertised for demolition bids which were opened on September 2, 1994. The lowest responsible bidder meeting all bid specifications is Howard Jimmie's Demolition
for $21,800. All costs related to the building's demolition become a lien on the property.
At the September 12, 1994 meeting, the Commission was advised the City had been informed a suit had been filed by Mr. Schoeller to enjoin the City from demolishing the building. The
item was continued to this meeting.
The Interim City Attorney reported the suit has been filed and the City has signed an addendum to the agreement with the demolition contractor to hold the price for six months
should the court order an injunction.
Mr. Zimmet stated Mr. Schoeller's attorney approached him regarding a possible settlement. Mr. Schoeller's attorney indicated they plan to appeal the Building/Flood Board of Adjustments
decision. The Interim City Attorney reported Mr. Schoeller's attorney proposed an agreement to make the building safe within 90 days by installing a roof and windows or the City can
demolish it. Further, they requested six months to complete a site plan and construction plan or the City can demolish the building. Mr. Schoeller's attorney requested the utilities,
disconnected when the City issued a stop work order, be restored at City expense. Mr. Zimmet indicated an agreement would need to be signed prior to tomorrow's 1:30 p.m. injunction
hearing.
The Mayor stated the City has given the project time and good faith efforts. Mr. Zimmet stated if the agreement is signed before 1:30 p.m. tomorrow and Mr. Schoeller does not abide
by the terms, the building can be demolished without further notice or threat of additional litigation.
Commissioner Thomas said he opposed the proposal. The Mayor questioned if the Interim City Attorney recommended it. He stated he was just reporting the offer.
Commissioner Thomas expressed concerns that the Commission has addressed this case many times and each time, promises made were later broken. He noted the last agreement was for total
completion according to a time table. He did not feel the proposal represented a good deal and would be of no value.
Commissioner Fitzgerald indicated one reason work was not progressing was because of the stop work order issued by the City. Mr. Zimmet reported the order was issued August 18, 1994.
Commissioner Fitzgerald noted the latest delay was not the fault of Mr. Schoeller if the City had ordered work stopped. He agreed this long-time problem requires a solution.
The Interim City Attorney stated the court hearing regarding the injunction will be held tomorrow. Scott Shuford, Director of Central Permitting, reported the original agreement indicated
an April 1995 completion date. Commissioner Thomas questioned if the plans were submitted. Mr. Zimmet said they were submitted but not approved because they were insufficient.
The Mayor indicated this decision was difficult because she realized the Ice House could have made an attractive architectural addition to Downtown but was tired of waiting for results.
Commissioner Deegan concurred the proposed plan could be a boom for Downtown. He reported Mr. Schoeller had indicated in a recent conversation that the site plan would not be complete
for six months. He felt the Commission could not count on anything specific and recommended allowing the court case to proceed.
Mr. Zimmet reported if the injunction is granted tomorrow, an appeal could take six months, during which time nothing would happen except further deterioration of the building. Commissioner
Thomas suggested a completion schedule be added to the agreement or else it could take years. Mayor Garvey expressed concerns that it be made safe. Mr. Zimmet
indicated the proposed repairs to the windows and roof were temporary, not permanent.
Commissioner Fitzgerald questioned if the court enjoins the City from demolishing the building and the appeal is filed, would work on the building continue to be halted. Mr. Zimmet
agreed it would unless the City lifted the stop work order. Mr. Shuford indicated the stop work order was issued because staff did not think the pace of the rehabilitation would "beat
the bulldozer." Commissioner Fitzgerald questioned from where the agreement came. Mr. Zimmet indicated Mr. Schoeller's attorney had called him.
Commissioner Thomas noted Mr. Schoeller could lose his case tomorrow. Commissioner Berfield suggested the Commission needs to take into consideration how they have bent over backwards
to work with this project. She noted nearby businesses need to be considered and felt the City had nothing to lose by proceeding.
Commissioner Deegan questioned if the building could be made more secure. Mayor Garvey expressed concerns that more money not be spent on something that is going to be razed. Commissioner
Thomas stated thus far, the owners of the Ice House have acted in bad faith. Mr. Shuford reported the rate of accomplishment achieved in a 30-day period on the building was equal to
two or three days worth of labor.
Commissioner Thomas questioned if a completion date was included in the agreement. Mr. Zimmet said one could be but inquired what penalty should be imposed if it is not met. Mayor
Garvey recommended a fine. Commissioner Thomas suggested $1,000 a day if the agreement does not result in a living, breathing building.
Commissioner Deegan agreed he, too, would have liked to have witnessed that result but indicated he no longer holds that hope. He stated Mr. Schoeller resisted being pressured because
he is an artist. Commissioner Deegan recommended allowing the case to proceed through the courts.
Commissioner Berfield noted the Commission has had previous discussions on this matter at the last minute, prior to an important deadline.
Commissioner Berfield moved to approve the contract to demolish the unsafe structure at 630 Drew Street (Old Ice House) to Howard Jimmie's Demolition, for $21,800. The motion was duly
seconded.
The Mayor clarified that Mr. Schoeller has gone forward with his request for an injunction and the courts will decide this matter. She indicated her reluctance to vote for demolition.
Upon the vote being taken, the motion carried unanimously.
d) (Cont'd from 09/12/94) Contract for routine service & repair of vehicle transmissions with Suncoast Industries, Inc., d/b/a Aamco Transmissions, Clearwater, FL, for the period 10/01/94-
09/30/97, at an estimated not to exceed $120,000 ($40,000 annually) (GS)
The City Manager stated staff will review this contract to consider bringing the service
in-house. She indicated she is withdrawing the item.
Mayor Garvey stated she liked the explanation staff presented regarding Mr. Transmission's bid objections. Ms. Deptula indicated staff had not yet reviewed the option of doing the
work in-house.
CITY ATTORNEY REPORTS
ITEM #39 - Resolutions
a) Res. #94-53 - authorizing City Manager to execute subordination of utility interests documents with FDOT re City's easement rights and interest in 6 parcels of land (115.02, 124.03,
800.04CD, 808.05, 809.04 & 810.03) lying along SR 55 (US 19N), between SR 60 (Gulf to Bay Blvd.) and the CSX transportation r-o-w north of Drew Street
The Assistant City Attorney presented Resolution #94-53 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-53 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. #94-61 - Demolition lien - 809 Palm Bluff Street (Beatrice Demps Estate)
The Assistant City Attorney presented Resolution #94-61 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-61 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. #94-65 - Demolition lien - 1211 Roosevelt Avenue (Ella Rhodes)
The Assistant City Attorney presented Resolution #94-65 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-65 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. #94-71 - authorizing City Manager to execute subordination of utility interests documents with FDOT re City's easement rights and interest in 5 parcels of land (141.04,
142.03, 143.04, 144.03 & 145.04) lying along the southerly r-o-w of SR 586 (Curlew Rd.) between Lake Shore Lane and Northridge Drive
The Assistant City Attorney presented Resolution #94-71 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-71 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. #94-74 - amending City Commission Rule 10(1)C to allow individuals not pre-registered with the City Clerk to speak under certain circumstances and setting a time limit
The Assistant City Attorney presented Resolution #94-74 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-74 and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #40 - Other City Attorney Items - None.
ITEM #41 - City Manager Verbal Reports
Pinellas County Water Rate
Ms. Deptula reported the Pinellas County Board of Commissioners continued discussion of the water rate increase until December 1994. She questioned if the Commission wants to pass
a formal resolution from one group of elected officials to another.
The Mayor questioned if the City could request details regarding the proposed rate increase. William Baker, Assistant City Manager, stated staff is requesting that information. Commissioner
Deegan questioned the County's reply. Mr. Baker indicated County staff will prepare a report. Commissioner Deegan reported he watched the County's Work Session and it did not appear
a rate study had been completed. He felt they were now preparing one.
The City Manager indicated an official letter will be drafted expressing the Commission's concerns regarding the proposed rate increase with a request for background information justifying
the increase. The Mayor stated she would sign it on behalf of the Commission.
Mandalay Avenue Sidewalk Replacements
Ms. Deptula said the Commission had approved a contract to improve the Mandalay Avenue sidewalks and noted other proposals recently introduced to the Commission for
consideration concentrate on the same area. The Mayor indicated she had brought that up but had been assured the sidewalks would not be affected. Mr. Baker stated the Clearwater Beach
Task Force had recommended "jazzing up" the sidewalks with a brick border. After the contract between Marianne and Baymont was approved, it occurred to staff that Mr. Shuford's plans
for the area included widening the sidewalks. Mr. Baker expressed concerns that resources would be wasted if Mr. Shuford's plans are adopted and the new sidewalks need to be replaced.
Commissioner Thomas recommended postponing the project to upgrade the Mandalay Avenue sidewalks. He felt it was only logical not to go forward until the City has completed their meetings
with the Beach community regarding beach development plans. Consensus was to hold off on the sidewalk improvements for six to eight weeks.
Bargaining Session
A Bargaining Session was scheduled to follow the regular Commission meeting on October 3, 1994.
ITEM #42 - Commission Discussion Items - None.
ITEM #43 - Other Commission Action
Commissioner Berfield requested information regarding the cost of flood insurance for the Sailing Center had it been built without a variance to permit a lower height. Commissioner
Thomas questioned if the building was measured correctly. Commissioner Deegan pointed out the changing rooms and offices located on the Center's first floor encompass more than 400
square feet of space. The building's storage facilities have been flood proofed. Commissioner Thomas questioned the cost of insurance should the building be altered to meet standard
height requirements.
Commissioner Berfield questioned when Mr. Foley's Water Reuse Report would be discussed. Ms. Deptula indicated the Water Supply Issue is scheduled for discussion during the October 17, 1994
Commission meeting.
Commissioner Fitzgerald referred to Mr. Baker's memorandum estimating the total cost of the Harborview Center project at $8.225 million plus the original purchase price of $1.9 million.
He expressed concerns that records on this matter be clear. Ms. Deptula indicated those costs represent a preliminary planning estimate. Mr. Baker stated an itemized list on the project
would be presented to the Commission when completed. He suggested the final costs could be less or more than the estimate.
Commissioner Fitzgerald requested Mr. Baker's September 6, 1994, memorandum regarding the total cost of the Harborview Center project be made a part of the record by attaching it to
the September 15, 1994 City Commission minutes as Exhibit B.
Commissioner Fitzgerald noted Empress Cruise Line has reported they do not pay sales tax. Ms. Deptula agreed the cruise line does not collect nor remit sales taxes. Commissioner Fitzgerald
urged something be done to correct the situation. Mayor Garvey questioned if other cruise lines collect sales taxes. She suggested if they do not, the State should get involved.
Commissioner Deegan stated Mr. Massie, the City's Tallahassee lobbyist, is looking for a State statute that may cover this concern. Commissioner Fitzgerald requested the record reflect
the City Commission is not happy with the answers it is getting from the cruise line. The City Manager indicated a legislative program is being assembled regarding this matter.
Commissioner Deegan questioned if staff had responded to Brenda Nixon's letter expressing concerns that the City is removing all oleanders. Mayor Garvey stated she would respond regarding
the trimming of oleanders in Crest Lake Park due to their ability to harbor transients.
Commissioner Deegan noted many residents on Island Estates were displeased when the oleanders were removed from the medians. He stated some have been removed from Memorial Causeway.
Ms. Deptula indicated she was not aware of a program to remove oleanders but would investigate the complaint. Commissioner Berfield indicated the oleanders around the parking area
on Memorial Causeway were trimmed from time to time.
Commissioner Thomas reported the Metropolitan Planning Organization (MPO) is displeased regarding plans for overpasses on US 19N. County staff and the FDOT have been requested to review
alternate ground level improvements at the Sunset Point Road/US 19N intersection. He reported the cost to purchase the right-of-way at that intersection is estimated at $70 million
plus $25 million construction costs. FDOT has acknowledged a second overpass, planned north of this intersection where no cross-street exists, is designed to enable frontage road traffic
to make U-turns. He noted the MPO opposes the proposed design of US 19N to become an interstate type road. Commissioner Thomas stated approval of funds is an "all" or "nothing" proposition
dependent on proceeding with the intersection as designed. A new analysis of the intersection will be completed by County staff and the FDOT within 60 days. No decisions have been
made at this time.
Commissioner Deegan questioned if Beach hotels and motels would be able to rent parking spaces to the public during the September 24, 1994, 1950/60's Music Festival. Mr. Shuford stated
the City typically does not allow hotels/motels to rent parking spaces because they need to be available for their intended use but noted the City makes exceptions for special events.
Commissioner Deegan expressed concern because Code Enforcement has notified hotel/motel owners that it is not legal to rent the spaces and yet a letter was sent to the hotel/motel owners
by the group sponsoring the festival, noting the expected crush and requesting property owners to rent parking spaces. Mr. Shuford stated the City can issue special permits for the
event. The City Manager questioned the fee. Mr. Shuford said he was not sure if a rate had been set. The City Manager stated staff will handle the issue.
Commissioner Berfield questioned if a similar situation existed near the baseball stadium. Deputy City Manager Rice indicated City Code allows special parking in that area during games.
ITEM #44 - Adjournment
The meeting adjourned at 10:31 p.m.