04/06/1995 CITY COMMISSION MEETING
April 6, 1995
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 6, 1995 at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Fred A. Thomas Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Michael R. Dallmann Commissioner-elect
J. B. Johnson Commissioner-elect
Absent:
Arthur X. Deegan, II Commissioner
Also present:
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Pamela K. Akin City Attorney
Scott Shuford Central Permitting Director
Rich Baier City Engineer
Cynthia E. Goudeau City Clerk
Patricia Sullivan Board Reporter
The Mayor called the meeting to order. The invocation was offered by Pastor Sue Gamelin of St. Paul's Lutheran Church. The Mayor led the Pledge of Allegiance.
Farewell to Commissioner Deegan
The Mayor read a statement from Commissioner Deegan thanking the citizens and fellow Commission members. Farewell gifts will be forwarded to him.
Farewell to Commissioner Fitzgerald
Commission members presented farewell gifts to Commissioner Fitzgerald. He thanked City employees, Commission members and his wife and spoke optimistically regarding the City’s future.
The Commission recessed from 6:18 to 6:25 p.m.
Commissioner Fitzgerald left the meeting.
Oath of Office Administered
The City Clerk administered the Oath of Office to Commissioners Dallmann and Johnson. The Mayor introduced their family members who were present at the meeting.
The Commission recessed from 6:28 to 6:35 p.m.
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
Proclamations: Secretaries Week - April 23 - 29, 1995.
Public Safety Telecommunication Week - April 9 - 15, 1995.
Arbor Day - April 22, 1995.
Community Development Week - April 9 - 15, 1995.
National Library Week - April 9 - 19, 1995.
ITEM #5 - Presentations
a) John Doran - Sunsets at Pier 60 - Request to extend
On January 17, 1995, the City Commission agreed to cosponsor the “Sunsets at Pier 60" for a trial period from March 1 to May 1, 1995. John Doran, a Trustee of the Sunsets at Pier 60
Society, Inc., has requested: 1) extending City cosponsorship through September 1, 1995; 2) continuing to waive parking fees for 20 spaces per evening; 3) encouraging staff’s assistance
and advice; 4) continuing $1 per day blanket occupation license; 5) allowing exhibition of a banner near the Causeway bridge; and 6) allowing permanent exhibition of a flag or banner
in the Pier 60 vicinity.
Departments who have extended services to “Sunsets at Pier 60" include: 1) Traffic Engineering - 20 parking spaces valued at $100 per 5-day week; 2) Marine Department - assistance provided
within normal hours at no additional cost; 3) Parks & Recreation Department - for the March 11 grand opening, the department provided the large reviewing stand and electrical/sound services
at a cost of $304. “Clean-up” has been provided within normal department responsibilities, except 1.5 hours of overtime required for the grand opening; 4) Police Department - two additional
police officers worked with the fireworks display at the grand opening. All other police services have been satisfied by normal, routine patrols. The City Manager recommended the program
be continued.
Commissioner Thomas moved to approve extending City cosponsorship of “Sunsets at Pier 60" through September 4, 1995. The motion was duly seconded and carried unanimously.
ITEM #6 - Approval of Minutes
Commissioner Berfield moved to approve the minutes of the regular meetings of March 13, 1995 and March 16, 1995, and the special meetings of March 6, 1995 and March 15, 1995, as recorded
and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
David Grice, President of the Drew and Plaza Park Homeowners Association, thanked the City for designating Plaza Park as a Drug Free Zone. He requested the City look into the legality
of seizing property where drug sales occur. He said drugs are sold on the sidewalk from neighborhood homes and indicated his group will start foot patrols to deter buyers. Mr. Grice
expressed concern that including the neighborhood in the Enterprise Zone will impact them with increased commercial development and traffic. He wished to preserve the integrity of the
neighborhood. He reported the third annual picnic will be held at 1:30 p.m. Sunday at Plaza Park.
Bob Merkle expressed his family’s appreciation to the Police and Fire Departments for their quick response to his recent accident. He complimented the professionalism on the staff and
noted they demonstrated a tremendous sense of community.
Dennis Henegar, as a member of the Code Enforcement Board, expressed concern that a City fire inspector wrote off a back flow valve installed without a permit. He expressed concern
regarding the Downtown Development Board (DDB). He noted 64 condominium owners in Pierce 100 do not pay taxes. He expressed concern that one owner, who does not pay taxes, sits on
the DDB. He questioned if ad valorem tax includes intangibles. The City Attorney indicated it does not. Mr. Henegar requested a recount of the last DDB election and survey. He felt
not all the votes were legal and charged that forgery and perjury had occurred. He questioned why Pierce 100 residents were allowed to cast 108 votes.
PUBLIC HEARINGS
ITEM #8 - Variance(s) to Sign Regulations for property located at 18421 US 19N, Sec. 20-29-16, M&B 33.03 (Wendy's International, SV95-16)(CP)
The applicant is requesting a separation variance of 90 feet from the permitted 300 feet to allow an auxiliary freestanding sign 210 feet from the primary freestanding sign. The subject
property, north of Belleair Road on the east side of US 19N, is zoned Commercial Center. The variance is requested to lower the existing freestanding sign and replace the sign panel
with a smaller one.
Staff recommends considering simultaneously the variance requested for New York, New York (Item #9). On June 18, 1992, the City Commission considered whether freestanding signs should
be allowed on unplatted subdivided property in shopping centers. The Commission adopted the following policy: If the property was subdivided before 1982 into not more than two parcels,
the City accepts the division and permits signs on each parcel. Prior to 1982, the original Grant Plaza ownership divided the property into three parcels: 1) the shopping center; 2)
New York, New York; and 3) Wendy’s. Freestanding signs are allowed based on the three parcels constituting a single property. With approximately 600 feet of
frontage on US 19N, two freestanding signs are permitted: A 150 square foot primary sign, and a 75 square foot auxiliary sign. The two properties, Wendy’s and New York, New York, request
and need auxiliary signage. A variance is needed for the Wendy’s sign because it cannot meet the required 300-foot separation from the primary sign.
Wendy’s and New York, New York have agreed to follow staff’s recommendation to downsize the existing signs to conform to size and height requirements specified for auxiliary signage.
Only one auxiliary sign may be placed on this “property.” New York, New York has a companion variance application for a second auxiliary sign. Neither property is automatically entitled
to the one allowable auxiliary sign. Staff recommends approving both properties for auxiliary signs.
Staff feels the request is for a minimum variance to accommodate a reasonable use of this land. The Wendy’s sign is at the north end of their ownership and cannot be moved to achieve
a greater separation from the primary sign. Denial of the variance would eliminate Wendy’s opportunity to maintain a freestanding sign on their ownership. To preclude placement of
a sign on this ownership would impose an unnecessary hardship upon this applicant. Wendy’s functions independently of the shopping center with separate parking and a separate building.
A landscaped buffer, protected with raised curbs, physically divides the property from the shopping center parcel.
City records indicate the menu sign and temporary window signs do not conform to code. Variance approval should be conditioned upon correction of these deficiencies.
Todd Pressman, representative for the applicant, verified pictures of the property presented him by Central Permitting Director Scott Shuford. Mr. Pressman indicated Wendy’s is voluntarily
reducing the size of their sign. He noted the store is independent from the shopping center.
Commissioner Berfield questioned if more lots could be created in the shopping center. Mr. Shuford said more lots could not be created without variances. Commissioner Berfield questioned
if the center could request more lots if this request is approved. Mr. Shuford said they could not. Commissioner Berfield questioned if special circumstances could affect the main
sign listing the businesses in the shopping center. Mr. Shuford said they could not.
Commissioner Berfield moved to approve a separation variance of 90 feet from the permitted 300 feet to allow an auxiliary freestanding sign 210 feet from the primary freestanding sign,
on property identified as Section 20-29-16, M&B 33.03, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following condition: The menu sign and temporary window
signs shall be brought into compliance with the code. The motion was duly seconded and carried unanimously.
ITEM # 9 - Variance(s) to Sign Regulations for property located at 18573 US 19N, Sec. 20-29-16, M&B 33.021 (Home Shopping Network Realty/The Old New York, New York, SV95-19)(CP)
The applicant is requesting a variance of one auxiliary sign with an area of 75 square feet, a height of 16 feet, and a setback of 12 feet, to allow a second auxiliary sign. The subject
property, north of Belleair Road on the east side of US 19N, is zoned Commercial Center. The variance is requested to permit replacement of the existing freestanding sign. Background
information regarding this item is included in Item #8 above.
City records indicate the entrance signs do not conform to code. Variance approval should be conditioned upon correction of this deficiency.
Jack Miller, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. He said more than $1-million was spent on the parcel in 1992. He said
staff had assured them that the variance would be approved if the request for variance was filed at the same time as Wendy’s request.
Commissioner Thomas moved to approve a variance of one auxiliary sign with and area of 75 square feet, a height of 16 feet, and a setback of 12 feet, to allow a second auxiliary sign,
on property identified as Section 20-29-16, M&B 33.021 for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following condition: The entrance signs shall be brought
into compliance with the code. The motion was duly seconded and carried unanimously.
ITEM #10 - Variance(s) to Sign Regulations for property located at 2475 Sunset Point Rd., Sec. 6-29-16, M&B 42.01 (AmSouth Bank of Florida/Pinellas Community Bank, SV95-18)(CP)
Ed Armstrong, representative for the applicant, requested this item be continued.
Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously.
ITEM #11 - Variance(s) to Sign Regulations for property located at 202 Windward Passage, Island Estates of Clearwater, Unit 5, Blk. D, Lots 10-13, part of Lot 9, & vacated street on
N & S (High and Dry Marina, Inc., SV95-15)(CP)
The applicant sent a letter requesting this item be continued.
Commissioner Berfield moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously.
ITEM #12 - Variance(s) to Sign Regulations for property located at 2495 Gulf to Bay Blvd., Sec. 18-29-16, M&B 42.01, 42.02, 42.08 & 42.09 (SCBS Ltd./Builder's Square, SV95-17)(CP)
Todd Pressman, representative for the applicant, requested this item be continued until May 4, 1995.
Commissioner Thomas moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously.
ITEM #13 - Public Hearing & First Reading Ords. #5796-95, #5797-95 & #5798-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located
at 1701 St. Croix Dr., Virginia Groves Terrace, Fifth Addition, Blk. D, Lot 1, 0.19 acres m.o.l. (Nenadovich, A94-30, LUP94-36)(CP)
The property is on the northeast corner of SR 590 and St. Croix Drive, approximately one-half mile east of US 19N. The applicant wishes to annex to obtain City sewer service for a single
family dwelling to be constructed under a County building permit.
The subject property has a Countywide Future Land Use Classification of Residential Low and City lots in the subdivision are zoned Single-Family Residential “Eight.” Assigning these
same classifications to the applicant’s property is proposed. The subject property meets the dimensional requirements for Single-Family Residential “Eight” zoning.
On March 14, 1995, the Planning and Zoning Board endorsed the proposed annexation.
Commissioner Berfield moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential “Eight”
for Lot 1, Block D, Virginia Groves Terrace, Fifth Addition. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5796-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5796-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5797-95 for first reading and read it by title only. Commissioner Dallmann moved to pass Ordinance #5797-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5798-95 for first reading and read it by title only. Commissioner Dallmann moved to pass Ordinance #5798-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #14 - Public Hearing & First Reading Ords. #5799-95, #5800-95 & #5801-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1748 Ragland
Ave., Clearwater Manor Sub., Lot 53, together with abutting r-o-w of Ragland Ave. (Downin, A94-29, LUP95-35)(CP)
The property, two streets east of Belcher Road and approximately 1,860 feet south of Sunset Point Road, is on Ragland Avenue’s west side. The applicants wish to annex to obtain City
sewer service for an existing home. Clearwater Manor subdivision has mixed Future Land Use Classifications. The County portion has a County/Countywide Classification of Residential
Urban. It is proposed to assign the subject property a Future Land Use Plan Classification of Residential Low, the same as it presently has in the County, and a zoning of Single-Family
Residential “Eight,” the same as other City lots in Clearwater Manor. The property meets the dimensional requirements for a lot in the Single-Family Residential “Eight” District. The
segment of Ragland Avenue abutting the property is in the County, and staff recommends annexing it with the property.
On March 14, 1995, the Planning and Zoning Board endorsed the proposed annexation.
Commissioner Berfield moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential “Eight”
for Lot 53, Clearwater Manor with the abutting right-of-way of Ragland Avenue. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5799-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5799-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5800-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5800-95 first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5801-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5801-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #15 - Public Hearing & First Reading Ord. #5788-95 - Vacating 10' east/west alley lying in Blk. E, Plaza Park Addition, subject to City retaining a full width drainage & utility
easement (City, V95-01)(CP)
Mr. Shuford requested this item be continued to give staff time to complete follow-up requested by the Commission.
Commissioner Thomas moved to continue this item until April 20, 1995. The motion was duly seconded and carried unanimously.
ITEM #16 - Public Hearing & First Reading Ord. #5789-95 - Vacating westerly 5' of E 10' easement lying in Lot 99, Woodgate of Countryside - Unit Two, less southerly 5' (Gauthier/Callahan,
V95-02)(CP)
The applicant requests vacating the westerly five feet of a 10-foot easement lying in lot 99, Woodgate of Countryside - Unit Two. A swimming pool and concrete deck, built in 1976, encroach
4.7 feet into the easement. The City has no existing utilities within this easement. This petition has been reviewed by the appropriate departments concerned with vacation of easements
and there are no objections. Public utilities have reviewed this request and have no objections.
Commissioner Berfield moved to approve the vacation of the westerly five feet of a 10-foot easement lying in Lot 99, Woodgate of Countryside - Unit Two, less the southerly five feet.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5789-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5789-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #17 - Public Hearing & First Reading Ord. #5790-95 - Vacating 10' sanitary sewer easement lying 5' each side of a line parallel to and 182' easterly of the northerly extension of
the west line of Blk. 3, Town of Bay View Sub. a/k/a McMullen's Bayview Sub. (Meador, V95-03)(CP)
The applicant proposes to vacate a 10 foot Sanitary Sewer Easement retained over a sewer line when a 50-foot east/west nameless street was vacated in 1975. The sewer line serviced a
single family home and was connected to a sanitary sewer main on the south side of Gulf-to-Bay Boulevard (SR 60). In 1991, the City had to abandon the sanitary sewer main when FDOT
widened SR 60 from US 19N to the Courtney Campbell Causeway. A new sanitary sewer main was installed along Bayview Avenue and the sewer line serving the single family home was relocated
where an easement was not required. The City has no existing utilities within this easement and no future use for it.
This petition has been reviewed by various City departments involved with vacations and they have no objections. Public utilities were not involved with this request because the easement
was dedicated exclusively for the sanitary sewer line. Staff recommends approval.
Mr. Shuford indicated this vacation has no effect of the pending rezoning request.
Commissioner Johnson moved to approve the vacation of a 10-foot Sanitary Sewer Easement lying five feet on each side of a line parallel to and 182 feet easterly of the northerly extension
of the west line of Block 3, Town of Bay View Subdivision (aka McMullen’s Bayview Subdivision). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5790-95 for first reading and read it by title only. Commissioner Dallmann moved to pass Ordinance #5790-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #18 - Public Hearing - Vacating section of Wood Drive right-of-way, from Smallwood Circle to Rosemere Road (LeConche, V95-05)(CP)
The applicant requests the vacation of Wood Drive from Smallwood Circle to Rosemere Road. The City has no plans to construct a road in this unimproved right-of-way. An undeveloped
City park adjoins the right-of-way. The park’s east end is low and wet most of the year causing problems for lawn mowing tractors. Engineering is considering this area for a detention
pond. Pond construction would involve land contouring with excavating or berming accomplished in the right-of-way. The Wood Drive right-of-way is pivotal to the pond’s design as a
grass maintenance berm would allow vehicle access along the pond’s edge. Public utilities have reviewed this request and have no objections.
Staff recommends denial of this request. Mr. Shuford said the City may need to use the right-of-way for berming or a retention pond. He said property owners are concerned about the
setback requirements from a roadway that probably never will be built. He said the properties could be treated differently and afforded lower setback requirements by a declaratory ruling
that the right-of-way is not a street for purposes of setbacks. He said the applicant was not satisfied with that suggestion. He noted the subject property is located in a low area.
City Engineer Rich Baier said he would support the vacation if he did not believe the City would need the property, which is slightly upland. He said vacating the subject property
would not be in the best interest of the City.
Bob Merkle, representing the applicant, distributed pictures of the subject property. He stated that City staff had urged the property owners to take this action two years ago and read
a portion of a letter from then Public Works Director William Baker indicating vacation of the land appears to be appropriate. The wetlands extend beyond his fence line and are home
to transients and animals. He is unable to fence his property adequately to contain his dogs. The property owners relied on staff’s recommendation and now, at the last minute, staff
has indicated the City may need the property. He does not believe the City will be able to construct a detention pond in that area. He indicated a river flows westerly under the subject
property. The Mayor said the City has verified there is an issue here that needs to be reviewed and is looking for a way to work with neighbors. Mr. Merkle indicated many violations
to code occurred in the past when these homes were built. He said the neighbors wanted to get a variance from the right-of-way but were told they could not do that. He said the neighbors
have spent a great deal of money obtaining a Unity of Title and petition to vacate as recommended
by staff. If the City vacates the property, the residents will lease it back to the City for 100 years at a $1. He requested the opportunity to treat the 200 feet of land as if it
is their property. He said 10 feet was not adequate.
Mr. Baker said when he wrote the referenced letter, the City had no intention of building a road. At that time, a Unity of Title seemed to be the best way to make certain no lots were
left inaccessible by a vacation of the road. In recent dealings with FDOT regarding future construction on Drew and Highland Streets, the Engineering Department has identified a possible
need to build a detention pond. He suggested the City could vacate the property but retain it as a drainage easement allowing the City the right to use it to access any future pond
that may be constructed. Mr. Merkle said he just wanted to fix the problem.
The Mayor recommended continuing the item to see if staff can reach a satisfactory agreement with property owners. Mr. Shuford said a fence could be permitted at Mr. Merkle’s property
line and structures could be permitted within 10 feet of that line without a vacation. Mr. Merkle indicated the Unity of Title has been completed. Mr. Merkle said he had an additional
concern as most of the right-of-way is “jungle”; he would like to clear some vegetation without having to rely on the City.
Commissioner Thomas questioned if an agreement could be reached in 30 days. Mr. Shuford said it could probably be reached in two weeks.
Commissioner Thomas moved to continue this item until May 4, 1995. The motion was duly seconded and carried unanimously.
ITEM #19 - Public Hearing & First Reading Ord. #5766-95 - LDCA re revisions to receipt and referral and other related requirements (LDCA95-05)(CP)
Staff has advised the Commission and advisory boards of the extremely time intensive and complex code requirements involving “Receipt and Referral.” Pursuant to Commission direction,
board comments, and the recommendations of the Code Enforcement Review Task Force (CERTaF) and the Affordable Housing Advisory Committee (AHAC), an ordinance has been prepared for consideration.
The ordinance does the following: 1) Eliminates the receipt and referral of certain sized properties for site plan and subdivision plat review. Pursuant to City Commission direction,
the specific acreage has not been indicated in the ordinance. According to recommendations by CERTaF and AHAC, staff recommends a minimum of 25 acres serve as the “trigger”; 2) Eliminates
receipt and referral of land use plan, annexation, and rezoning requests. These requests would go immediately to public hearings before the Planning & Zoning Board (P&Z) and City Commission;
3) Requires additional public notice for site plans and plats; 4) Allows the P&Z to hear variance requests when variances are associated with conditional use permits to streamline board
review; 5) Eliminates the preliminary and final site plan concept as all technical information is required to be shown on site plans at the initial submittal stage; 6) Clarifies and
revises submittal requirements for land development concept plans, conditional use permits’ site plans and variance site plans; It also specifies when a change to a conditional use permit
site plan would require reconsideration of the conditional use permit by the P&Z; 7) Clarifies the Development Review Committee role as a City staff board; 8) Transfers review of
sign variances from the City Commission to the Development Code Adjustment Board (DCAB); 9) Allows site plan certification by the Central Permitting Department instead of the City Clerk,
saving time in the certification process; the City Clerk would still keep a copy of the certified site plan as an official City record; and 10) Authorizes the City Manager to determine
the land or cash issue for the Parks & Recreation Impact Fee for sites not reviewed by the City Commission.
DCAB reviewed this proposed ordinance and recommended approval subject to deleting P&Z’s review of variances associated with conditional use permits. DCAB felt such variances would
be infrequent, the two board arrangement provides “checks and balances,” and P&Z would not be as familiar with variance standards of approval. Fees could be adjusted to overcome any
financial hardship caused by requiring applicants to address two boards. DCAB also recommended a 25-acre minimum “cap” on site plans and plats that go to the Commission. Should the
workload associated with hearing regular and sign variances become unmanageable for a volunteer board, DCAB suggests creating a separate board for sign variances.
The P&Z recommended approval subject to a revision to subsection h to add the words: “associated with a conditional use permit.” The P&Z felt they should hear variances to streamline
the review process and reduce the potential for inconsistent treatment of applications. The P&Z recommended a 25-acre minimum “cap” on site plans and plats that go to the Commission.
Mr. Shuford pointed out these changes would represent a major change in the way the City does business and customer service. He said the “Receipts and Referral” procedure used by Clearwater
is relatively unique. He said Land Development Code Amendments will continue to go through the “Receipt and Referral” process. Applications that include site plans, subdivision plats,
rezoning requests, an annexation or land use plan amendment will be processed by staff who will begin the public hearing process. He said the Commission will review site plans and plats
and have the opportunity to provide comment. A public notification process will be added for site plans and plats whereby subject properties will be posted with a sign describing plans
and inviting the public to call the Central Permitting Department with concerns and questions.
He referred to concerns regarding provision #4 that the P&Z hear variances associated with Conditional Use permits. He indicated 10 cases since 1994 would have been affected by this
change. DCAB supports the ordinance except that provision. The P&Z supports the ordinance, including provision #4. Mr. Shuford indicated the ordinance also would transfer sign variance
hearings back to DCAB. He felt the issues that most concern the City Commission would still be addressed by the Commission. He indicated the proposed revisions would save developers
between 35 and 60 days.
Commissioner Thomas said he did not understand the total impact of the ordinance. He expressed concern that transferring the City Commission’s power to staff and boards was a huge decision.
He requested a list of how these changes would have affected all rulings in the past two years regarding all ten points. The Mayor noted these changes have been proposed at the Commission’s
direction. She questioned how many sign variances are considered. Mr. Shuford said the number of cases would probably continue with four or five per meeting.
Commissioner Johnson questioned how many Conditional Use permits have been heard by the P&Z that included requests for variances. Mr. Shuford said 10 cases involved both requests since
1994.
Commissioner Thomas questioned if the power of variances were transferred to a board, where would the appellant action occur. Mr. Shuford indicated appeals would be heard by a Hearing
Officer. Commissioner Thomas indicated he did not believe in that procedure. He felt the City Commission should act as the judicial body. Mr. Shuford said there was Commission consensus
regarding the City Commission hearing appeals to the alcoholic beverage ordinance for a six-month trial period.
Commissioner Dallmann indicated he was ready to proceed tonight. He said the Commission asked questions at the Work Session. He did not think additional historic information would
be helpful. Commissioner Dallmann disagreed with provision #4 and felt DCAB should continue to hear variances. Mayor Garvey noted the proposal was to put all site plan issues before
one board. Mr. Shuford said staff was trying to streamline the City’s review process. He felt the benefits of the other provisions are great. Mayor Garvey noted this is first reading
and suggested further discussion could be held before the second reading.
Commissioner Thomas questioned why Walgreen’s proposed development on Gulf-to-Bay would have been heard before the Commission if it had less than 25 acres. Mr. Shuford said the code
then required the Commission to review alcoholic beverage uses close to a school. The P&Z now has the responsibility to address that issue. Commissioner Thomas questioned if that development
came to the Commission first. Mr. Shuford indicated the Commission had “Received and Referred” the site plan.
Commissioner Thomas said if he is the only Commissioner with concerns, he requested his concerns regarding how the 10 provisions would have affected previous decisions in the past two
years be answered before the next Work Session.
Commissioner Berfield noted Commissioner Johnson had expressed concern regarding provision #8 at the Work Session. She questioned when all signs affected by amortization would be addressed.
Mr. Shuford said the staff is at the tail end of their amortization review. He estimated that review of signs in violation would take another six months. Commissioner Berfield recommended
the Commission continue hearing sign variances until all signs affected by the amortization are addressed. Mayor Garvey suggested the Commission continue hearing sign variances. Commissioner
Dallmann noted new sign variance requests are being heard. Mr. Shuford agreed the Commission is hearing a mixture of requests. Commissioner Dallmann felt DCAB would act as consistently
as the Commission.
Commissioner Thomas questioned if review of sign variances was transferred to DCAB if it would be a substantive change to modify the appeal process to the City Commission versus a Hearing
Officer. The City Attorney indicated changing item 8 on second reading would require a new first reading.
The majority felt that hearing sign variances should stay with the City Commission.
Commissioner Johnson moved to continue this item until April 20, 1995. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #20 - Ord. #5768-95 - LDCA re Infill Commercial District (LDCA95-02)
The City Attorney read an amendment to Ordinance #5768-95: In Section 1 of the ordinance - 1. In Section 40.433, add after “(21) Accessory uses” “, including certain alcoholic beverage
sales uses as specified in sections 41.071 and 41.072,” and delete entirely Subsection (22) Accessory dwellings. And 2. In Section 40.434, renumber Subsections (18), (19) and (20) as
(19), (20) and (21).
Commissioner Thomas moved to amend Ordinance 5768-95 as read by the City Attorney. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5768-95 for second reading as amended and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5768-95 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #21 - Ord. #5772-95 - Land Use Plan Amendment to Commercial General for Loveland Sub., Lots 3 & 4, and part of Sec. 27-29-15, part of M&B 21.011(Barnett Bank of Pinellas County,
LUP94-34)
The City Attorney presented Ordinance #5772-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5772-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #22 - Ord. #5773-95 - CN Zoning for Loveland Sub., Lots 3 & 4, and part of Sec. 27-29-15, part of M&B 21.011(Barnett Bank of Pinellas County, Z94-13)
The City Attorney read an amendment to Ordinance #5773-95: In the ordinance title, in the seventh line, change “Section 27-29-25" to “Section 27-29-15.”
Commissioner Dallmann moved to amend the Ordinance as read by the City Attorney. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5773-95 for second reading as amended and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5773-95 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #23 - Ord. #5774-95 - Land Use Plan Amendment to Preservation for a & b: a) Sec. 27-29-15, part of M&B 21.011, b) Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas
County, LUP94-33)
The City Attorney presented Ordinance #5774-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5774-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #24 - Ord. #5775-95 - P Zoning for a & b: a) Sec. 27-29-15, part of M&B 21.011, b) Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas County, Z94-14)
The City Attorney presented Ordinance #5775-95 for second reading and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5775-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #25 - Ord. #5776-95 - CG Zoning for Loveland Sub., Lots 19-21, part of Lot 18 & 22, and part of Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas County, Z94-12)
The City Attorney presented Ordinance #5776-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5776-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #26 - Ord. #5776-95 - LDCA re additional permitted and conditional uses for the IL Zoning District (LDCA95-04)
The City Attorney presented Ordinance #5776-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5776-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #27 - Ord. #5783-95 - Land Use Plan Amendment to Commercial General for property located in Lake Belleview Addition, Blk. 1 Lots 1-22 and Blk. 2, Lots 1-16 (re Lakeview Avenue Zoning
Study)
The City Attorney presented Ordinance #5783-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5783-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #28 - Ord. #5784-95 - CI Zoning for property located in Lake Belleview Addition, Blk. 1 Lots 1-22 and Blk. 2, Lots 1-16 (re Lakeview Avenue Zoning Study)
The City Attorney presented Ordinance #5784-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5784-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #29 - Ord. #5785-95 - Land Use Plan Amendment to Residential/Office General for Loveland Sub., Lots 14-17, part of Lot 18, and part of Sec. 27-29-15, part of M&B 21.01 & 21.011
(Barnett Bank of Pinellas County, LUP95-05)
The City Attorney presented Ordinance #5785-95 for second reading and read it by title only. Commissioner Dallmann moved to pass and adopt Ordinance #5785-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #30 - Ord. #5786-95 - OL Zoning for Loveland Sub., Lots 14-17, part of Lot 18, and part of Sec. 27-29-15, part of M&B 21.01 & 21.011 (Barnett Bank of Pinellas County, Z95-01)
The City Attorney presented Ordinance #5786-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5786-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
The Commission recessed from 8:32 to 8:44 p.m.
ITEM #31 - Special Items of widespread public interest - None.
ITEM #32 - Citizens to be heard re items not on the Agenda
David Campbell requested the clock be shown on the screen 100% of the time during broadcast of City meetings.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #33-55) - Approved as submitted - less # 38, 39, & 48.
ITEM #33 - Purchase of chlorine in 1 ton cylinders from Van Waters & Rogers, Inc., Tampa, FL, for the period 04/04/95 -02/28/96, at an estimated $90,390 (FN)
ITEM #34 - Purchase of gas meters & regulators from: M.T. Deason Co., Inc., Birmingham, AL, at an estimated $39,060; National Meter Parts Inc., Lancaster, OH, at an estimated $28,881;
Equipment Controls Co., Norcross, GA, at an estimated $81,577.62; Romet Limited, Missisauga, Ontario, Canada, at an estimated $2,937; Fisher Controls International Inc. c/o Key Controls
Inc., Tampa, FL, at an estimated $23,779.08, during the period 04/04/95 -04/03/96, for an estimated total $176,234.70 (GAS)
ITEM #35 - Purchase of one 1995 Ford F-800, 1-ton container body truck from Carlisle Ford, St. Petersburg, FL, for $43,850; financing to be provided under City's master lease-purchase
agreement with Barnett Bank of Pinellas County (GS)
ITEM #36 - Renew contract for equipment maintenance services for the high speed 5090 Xerox copier with Xerox Corp., Tampa, FL, for the period 02/01/95 -01/30/96, for an estimated $35,100
(IM)
ITEM #37 - Amendments to Pinellas Public Library Cooperative Interlocal Agreement (LIB)
ITEM #38 - See page 18.
ITEM #39 - See page 20.
ITEM #40 - Bus Shelter Agreement with Pinellas Suncoast Transit Authority (PSTA) authorizing City to submit permits to FDOT for 3 bus shelters along SR 60 (EN)
ITEM #41 - Contract to purchase Hampton Road right-of-way Parcel #002.1, a 24-month temporary construction easement containing 6,620 sq. ft. (0.15 acres), m.o.l.; accept easement grant
from Park Place Building, Ltd., for a cost of $7,500 (EN)
ITEM #42 - Purchase of aluminum sulfate for the WPC Division from General Chemical, Parsippany, NJ, for the period 04/21/95 -02/28/96, at an estimated $53,760 (EN)
ITEM #43 - Purchase of sulfur dioxide for the WPC Division from PB&S Chemical Co., St. Petersburg, FL, for the period 04/21/95 -02/28/96, at an estimated $58,750 (EN)
ITEM #44 - Contract for Sale of Real Property, Drew Park Sub., Lot 6, a/k/a 410 Vine Ave., to Clearwater Neighborhood Housing Services, Inc., for $6,800 cash (EN)
ITEM #45 - Lease of portion of Curtis Fundamental/Clearwater Discovery Middle School Complex, on E side of Holt Ave., N of Palmetto St., from Pinellas County School Board, for the period
05/01/95 -04/30/96; sub-lease thereof to Religious Community Services, Inc. (EN)
ITEM #46 - Contract for Enterprise Road East Sanitary Sewer Rehabilitation to Madsen/Barr Corp., Longwood, FL, for $165,274 (EN)
ITEM #47 - Agreement with SWFWMD & Pinellas County to design & construct a watershed rehabilitation project at Hercules Ave. & Allen's Creek (EN)
ITEM #48 - See page 20.
ITEM #49 - Purchase of approximately 1,500 refuse containers (90-gallon) & miscellaneous spare parts from Rotonics Manufacturing, Inc., Bartow, FL, for the period 04/03/95 -04/02/96,
for $111,700 (SW)
ITEM #50 - Amendment to lease agreement with Jolley Trolley Transportation of Clearwater, Inc., reducing number of unmetered parking spaces from 6 to 3 (CM)
ITEM #51 - Sanitary sewer lien agreement - 1812 Brentwood Dr., Lake Lela Manor First Add., Lot 8 (Elliott) (CA)
ITEM #52 - Sanitary sewer lien agreement - 3016 Carolina Ave., Bay View City Sub., Blk. 5, Lot 8 (Wilkerson) (CA)
ITEM #53 - Sanitary sewer lien agreement - 1721 Lucas Dr., Virginia Grove Terrace 3rd Add., Blk. 5, Lots 24 & 25 (Lemon) (CA)
ITEM #54 - Receipt/Referral - LDCA revising parking space formulae (LDCA94-28)(CP)
ITEM #55 - Receipt/Referral - LDCA re revision to the congregate care definition (LDCA95-09)(CP)
Commissioner Thomas moved to approve the Consent Agenda as submitted, less Items #38, #39, and #48, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #38 - Lease Agreement with Bruce Littler, Inc., for Marina building rooms 2, 2A & 3, for the period 05/01/95 -04/30/00, for $60,900 plus tax, plus an annual 5% CPI increase in the
last 2 years of the lease (MR)
On April 30, 1995, American Yacht Corporation, d/b/a Harbor Yacht Sales, Inc., plans to release rooms 2, 2A & 3, with a total of 937 square on the south water side of the Marina
building. Under this Lease Agreement, Bruce Littler will pay $13 per square foot, for a total monthly payment of $1,015, plus tax. In lieu of paying a percentage of yearly gross sales,
Mr. Littler will pay an annual 5% CPI increase to his lease payment in each of the lease’s last two years starting May 1, 1998. Mr. Littler plans to spend between $15,000 and $20,000
on room improvements to accommodate his business. He also will be allowed to sub-lease approximately 200 square feet of space to Harbor Yacht Sales, Inc. Staff recommends that Mr.
Littler's Lease Agreement be started on May 1, 1995, and that the advance deposit of $1,015 not be waived. Because of the large investment Mr. Littler is making in the rooms, the "Guaranty
of Payment of Rent under the Lease Agreement" is recommended for waiver.
The city will replace or repair all exterior doors, locks, and closures to a dependable and safe condition. Mr. Littler is considered an excellent tenant of the Marina building and
staff recommends approval. Approval is contingent on approval of Agenda Item #39 in which Mr. Littler is allowed to sub-lease room 4 to Harbor Yacht Sales, Inc.
Mr. Littler sent a letter to the City indicating improvements he planned to make to Rooms 2, 2A, and 3: 1) total replacement of general lighting; 2) repair and renew crumbling plaster;
3) resurface areas above all exterior windows for security and heat loss protection; 4) upgrade wiring and eliminate as much exposed wiring as possible; 5) replace temporary partitions
with full walls; 6) purchase and install missing doors on storage areas; 7) install new permanent wood floor elevating it as much as possible to protect against water intrusion; 8) replace
air-conditioning; and 9) repaint and refinish entire interior and lobby entrance.
Commissioner Thomas said he was willing to approve rental of the rooms at a below market rate based on Mr. Littler’s promise to spend $15,000 on property improvements, valued at $3 per
square foot. If Mr. Littler spends less than $15,000 on improvements, Commissioner Thomas requested a formal, legal commitment that Mr. Littler would owe the City the difference. Mayor
Garvey questioned if it was typical for the City to expect tenants to be responsible for upgrades on City buildings. The City Manager said that is how the Marina Building operates.
Commissioner Thomas said he had no problem waiving Mr. Littler’s security deposit if he makes a formal commitment in a legal document to spend the money.
Commissioner Johnson questioned how long Mr. Littler has been a Marina Building tenant. Mr. Littler said he has been a tenant for 15 years. He said the City has not upgraded the building’s
interior but depends on tenants for that work. He indicated his estimate was based on one bid for flooring. He said the lighting is inadequate for retail use and must be redone. Mr.
Littler indicated he was reluctant to commit in writing to a dollar amount as he was hoping to accomplish some work himself. He said if his investment topped the estimate, he would
want something from the City. He disagreed his proposed investment represents $3 a square foot as actual costs would be three times higher if a contractor was hired. Money he invests
in a City building is money he cannot invest in inventory. He disagreed with the assumption that the proposed rental rate is below market value. He has agreed to a higher rent than
has ever been paid for the space located in the back of the building. Mr. Littler requested the Commission rely on his honesty and integrity. He expressed concern that bids would reflect
the estimates he has been requested to include in the public record.
Commissioner Thomas noted Mr. Littler had told the Harbormaster, Bill Held, that $15,000 would be spent on the space. Mr. Littler said he had submitted an estimate of the cost
of needed upgrades. Commissioner Thomas noted the Marina Building space is valued at $12 to $18 per square foot. Including the $15,000 investment in the lease payment would increase
the rental rate by $3 per square foot and would result in a fair return to the City. Mr. Littler questioned the location of the $12 per square foot space. Commissioner Thomas said
he would not accept the lease without a dollar commitment in the contract. He expressed concern that the quality of improvements be guaranteed. Mr. Littler said his commitment was
not vague but included the things that need to be done. He said he would be willing to pay $3 more per square foot if the City invested $15,000 in upgrading the space now.
Mayor Garvey said she concurred with the lease as it is written. Commissioner Johnson said Mr. Held is an honest man and suggested the Commission accept his recommendation.
Commissioner Dallmann recommended tying future leases more closely to the cost of upgrades, though he had no problem with accepting this lease based on Mr. Littler’s length of tenancy.
Commissioner Berfield agreed with Commissioner Dallmann that future leases be tied to specific upgrades to justify lower rent payments.
Commissioner Thomas said he would agree to the City investing money up front to justify higher rental payments. He expressed concern that this was not a solid business transaction.
Commissioner Berfield moved to approve the Lease Agreement to Bruce Littler, Inc., for Marina building rooms 2, 2A & 3, from May 1, 1995 to April 30, 2000, a five year period for the
total sum of $60,900 plus tax, plus an annual 5% CPI increase in the last two years of the lease and that the appropriate officials be authorized to execute same. The motion was duly
seconded. Commissioners Berfield, Dallmann and Johnson and Mayor Garvey voted “Aye”; Commissioner Thomas voted “Nay.” Motion carried.
ITEM #39 - Second Amendment to Lease Agreement with Bruce Littler, Inc., for Marina building room 4, adding Yacht Brokerage to business use; sub-lease to Harbor Yacht Sales, Inc. (MR)
Bruce Littler, President of Bruce Littler, Inc., and current lessee of Marina building room 4, requests amending paragraph 3 of his Lease Agreement to include a yacht brokerage. He
also requests permission to sub-lease room 4, with 188.5 square feet, to Harbor Yacht Sales, Inc. Mr. Littler pays $12.73 per square foot, or $200 per month, plus tax. He also pays
all electrical service, property taxes and for improvements to the room and equipment in the room. He also provides liability insurance naming the City as additional insured.
This Lease Agreement will expire on March 31, 1996. Mr. Littler will remain responsible for all other conditions, limitations, restriction and obligations under this lease throughout
the remaining term of the lease.
Discussion of this item is included under Agenda Item #38.
Commissioner Berfield moved to approve the second amendment to Lease Agreement to Bruce Littler, Inc., for Marina building room 4, adding Yacht Brokerage to business use and approve
sublease to Harbor Yacht Sales, Inc. and that the appropriate officials be authorized to
execute same. The motion was duly seconded. Commissioners Berfield, Dallmann and Johnson and Mayor Garvey voted “Aye”; Commissioner Thomas voted “Nay.” Motion carried.
ITEM #48 - Contract for demolition of commercial structures at 1180 Russell St. (old Solid Waste Complex) to Phoenix Wrecking Corp., Tampa, FL, for $79,793 (EN)
All Solid Waste personnel, plant, equipment and operations have transferred to the newly constructed Solid Waste Complex at 1701 N Hercules Avenue. This contract provides for the complete
demolition and removal of the Old Solid Waste Complex at 1180 Russell Street. Demolition operations shall include removal of all structures and pavement and the complete seeding and
mulching of the entire site. Asbestos surveys and asbestos remediation have been completed at this site as well as the removal of underground fuel storage tanks. This property is proposed
for future Reuse Water Utility Improvements, including storage tanks and pump delivery system.
The demolition portion of this contract covers demolition of two commercial structures and all site appurtenances including small out-buildings at 1180 Russell Street for a total of
$50,173. The remaining Improvement to Grounds portion of this contract totals $29,620 and includes: 1) seeding and mulching of entire site; 2) clean fill material; 3) install silt erosion
control curtain; and 4) preparation, installation and management of one fixed project sign.
Commissioner Thomas referred to an April 4, 1995 memorandum from Mr. Baier and requested confirmation that all of the proposed work would be accomplished. Mr. Baier indicated it would
be.
Commissioner Thomas moved to award a contract for the Demolition of Commercial Structures at 1180 Russell Street (Old Solid Waste Complex) (95-7) to Phoenix Wrecking Corporation of Tampa,
Florida for the sum of $79,793 which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
Tom Sehlhorst expressed concern that the City was sending business out of town and questioned if cost should be the only concern. Mr. Baier indicated a local company’s bid was higher
than the one accepted.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #56 - 5 year lease with the Greater Chamber of Commerce of 1,008 sq. ft. office space (m.o.l.) at Clearwater Beach Memorial Civic Center, for nominal rent of $5 for lease term (EN)
Since 1978, the City has leased approximately 1,008 square feet of office area in the Memorial Civic Center to the Greater Clearwater Chamber of Commerce. The most recent lease expired
June 30, 1993 and was not renewed due to possible Library expansion and space considerations of the Chamber of Commerce and Jolley Trolley. These considerations have been addressed
and resolved, or have become moot.
The Chamber wishes to formalize a lease renewal of its office premises for an additional five year term for a total rent payment of $5 and other considerations that include providing
information to the public regarding City-operated programs, services and recreational activities.
Among lease provisions, the Chamber will pay its pro-rata share of utility expenses and ad valorem tax obligations created by the lease, maintain comprehensive liability and fire insurance
coverage, and take all reasonable and prudent actions to comply with ADA. Either party may cancel the lease with 90 days written notice of intent to terminate; If the Chamber materially
defaults under the lease provisions, the City may terminate the lease with a 30-day written notice.
The five-year lease shall commence May 1, 1995 and expire April 30, 2000.
City Manager Elizabeth Deptula reported the Library Director has indicated the Library could fill any space it is provided. Ms. Deptula did not think increasing the library’s size would
be the best use of the space.
Albert Sakey said the Clearwater and Beaches Tourism Council (CBTC) arose spontaneously and represents a substantial number of hotels/motels, restaurants and businesses downtown, on
Clearwater beach and Sand Key. He said the CBTC investigated jointly sharing the subject space with the Chamber of Commerce but Mr. Woodham of the Chamber had indicated that would be
unacceptable. Mr. Sakey said the Chamber of Commerce is a private membership company that only represents Chamber members. He said the CBTC has substantial membership, is supported
by the Sand Key Civic Association and is endorsed by the Clearwater Beach Association. He said an endorsement from the Downtown Business Association will be forthcoming.
Mr. Sakey said a number of members of the new association are totally disenchanted with the representation they have received from the Chamber of Commerce. He expressed concern that
funds from Clearwater are not being spent for the promotion of Clearwater. He noted the Chamber does not exclusively represent Clearwater but also has members from Dunedin, Belleair
and Tarpon Springs. He said taxpayer’s property that could bring revenue to the City should be put out for bid. He indicated the new group is offering $1,000 a year rent for the subject
space. Mr. Sakey said the beach does not need a Welcome Center but an information center. He said someone else should be given the opportunity to run the center.
Ken Rosenow said the CBTC entity may be new, but the group is old and represents the entire scope of businesses on the beach, downtown, and on Island Estates. He said CBTC has a firm
financial base that will grow. He indicated CBTC was formed to address the decline in Clearwater’s tourism and tourism is the group’s sole focus. The CBTC needs space to perform this
mission and feels the Civic Center is an ideal spot. Dr. Rosenow said the Chamber of Commerce’s personnel have done an excellent job but felt the Chamber’s efforts are not above reproach
as only 25% of the Chamber’s efforts support tourism while 75% of their efforts support economic development. The Chamber restricts many local businesses from displaying brochures in
the current Welcome Center. He said the Chamber of Commerce rejected CBTC’s proposal for a joint operation. He said the CBTC would like the opportunity to bid on
the space and felt their request was reasonable. The Mayor requested the CBTC share their mission with the City Commission.
Jay Keyes, representing the Clearwater Beach Association, reported his association agreed to join the CBTC at their April 5, 1995 board meeting and supports the CBTC running the Welcome
Center.
Bill Sykes said the Civic Center is City property and requested the Commission look favorably on CBTC’s request. He said it was in the City’s best interest to award the Center to the
highest bidder.
Kaz Rolewski said since the CBTC was organized in December 1993, they have brought important matters to the City Commission’s attention. He said concerns regarding taxes collected by
the Convention and Visitors Bureau should have been brought to the City Commission long ago.
Sam Kerkez said he was a member of the Chamber of Commerce for one year. He said the Chamber is not there to promote businesses and said he did not receive any reservations from Chamber
referrals. He said he dropped out of the Chamber and supports the new group.
Jim Warner said Clearwater beach and Sand Key need a change. He supported the new council.
Helen Sykes said the City should be run as a business and should accept the highest bid.
Bob Bickerstaffe said he has been a member of the Chamber of Commerce but felt something like this is needed. He expressed concern that the Chamber of Commerce spends too much time
promoting Tampa, etc. and said a group is needed that spends 100% of its time promoting Clearwater. He indicated he has filled out an application to join the CBTC and approves their
efforts.
David Campbell noted tourism generates income and taxes for the City. He noted the City is subsidizing the tenant in the Civic Center Welcome Center. He recommended supporting the
new group over the Chamber, which is a private club.
Charles Pollick said the CBTC would appreciate the opportunity to bid on the space. He compared the Chamber’s offer of $1 per year for five years with CBTC’s bid of $1,000 per year.
He said CBTC’s bid was worthy of acceptance and should be considered. He said the Clearwater Beach Association and Sand Key Civic Association support CBTC and Downtown Clearwater Association
members have indicated support. He said CBTC represents the majority of hotels/motels, from the smallest to the largest. He said CBTC has made every effort to work with the Chamber
of Commerce but were unable to resolve their differences. He said CBTC would not charge businesses between $125 and $250 just to display brochures in the Center.
Ann Wilkins of the Chamber of Commerce said the Chamber’s management of the beach Welcome Center for the past 16 years has been exemplary and works in concert with the Welcome Center
on SR 60. She said the Welcome Center serves as a concierge on the beach and is well versed on local activities, information and State attractions. Chamber members can display brochures
for free and non members can display brochures for a fee. The Center, hosted by volunteers and two professionals, is open seven days a week from 9:00 a.m. to 5:00 p.m. She stated the
professional employees open and close the Center and visit beach businesses. Ms. Wilkins said the Chamber’s goal is to improve the economy. The Chamber views tourism as economic development.
She noted many tourists eventually relocate to Clearwater.
Ms. Wilkins said the Chamber of Commerce has been in contact with the CBTC but understands that the group has neither a budget nor specific plans. The two groups were unsuccessful in
reaching an agreement. She said the Chamber would welcome an opportunity to work with CBTC and had hoped they could fill a void at the Center. She reiterated the new group has no plans.
Ms. Wilkins noted that running the Center is more than just handing out brochures and giving information. She noted CBTC’s stated goal is to promote tourism. She stated the Chamber
of Commerce does that and more. She noted tourism is very volatile today and this is not the time to experiment. She suggested approving the Chamber’s five-year lease and addressing
this issue again in one year to give the new group an opportunity to formalize a plan.
Commissioner Thomas questioned why the Chamber of Commerce had refused to share the space with CBTC. Ms. Wilkins noted CBTC has no budget nor plan regarding what they want to do. The
Mayor questioned who would run a CBTC operation, how it would be run, if it would have part time or full time employees, etc.
Mr. Sakey said CBTC’s offer was 1,000% greater than the Chamber and would sign a contract for a five-year rental period. He noted the agenda item referred only to a lease in the Memorial
Civic Center. He said CBTC will provide references and bank account numbers if requested. The Mayor said CBTC needs a plan if they want to deal with the City Commission. Mr. Sakey
said the group did not have immediate organizational ability and did not know what was needed.
Commissioner Thomas questioned why the Chamber of Commerce did not want to share space with CBTC. Ms. Wilkins said the Chamber would like to work with CBTC but requested a clearer focus
on what the new group wants to do. She said they needed game rules regarding who was doing what. Commissioner Thomas questioned if the game rules could be resolved within 30 days.
Ms. Wilkins said that depended on how long it would take the new group to formulate a plan. Commissioner Thomas said he was told the Chamber of Commerce did not want to participate
because the Chamber would lose business. Ms. Wilkins said the Chamber of Commerce only recoups $4,000 of the $35,000 per year it costs them to run the Welcome Center. She noted running
the Center is not a money maker for the Chambers. She said the Center needs to be handled professionally and indicated the Chamber of Commerce does have a strategic plan.
Commissioner Dallmann questioned how much a non-member fee costs. Ms. Wilkins said the cost is one-half the membership fee.
Pete Woodham, Chamber of Commerce President, said the Chamber was reluctant to share as the space is already being used effectively. He said the Chamber would be willing to share the
space if a group could better handle some of the Center’s needs which is why the Chamber wanted to see CBTC’s plans. He said Chamber dues are variable and based on the size of an organization.
Mr. Woodham indicated membership rates average $270 to $300 per year. Non-members pay one-half the fee to display brochures.
Commissioner Thomas questioned why citizens must pay to display brochures in a building whose rent is subsidized by taxpayers. Mr. Woodham said the Chamber of Commerce spends $31,000
per year providing services to citizens of Clearwater. He said the Chamber’s over all goal is economic development which includes tourism.
Commissioner Dallmann questioned the differences between the two groups and asked why the Chamber will not let CBTC share the space. Mr. Woodham said the Chamber of Commerce has made
good use of the available space. He questioned for what CBTC wants to use the space. He said the Chamber would be more than happy to work with CBTC. He noted the City Commission would
need to make this decision.
Mr. Pollick said the two groups are approaching this problem differently. Discussions between the groups folded because CBTC did not want to share their business plan with the Chamber
of Commerce. He said CBTC disagrees that businesses should be forced to pay 50% of the Chamber’s fee just to place brochures in a public facility. Commissioner Thomas questioned if
the Commission approves a lease with CBTC, if CBTC would be willing to share the space with the Chamber of Commerce. Mr. Pollick indicated they would. Commissioner Dallmann said he
had not seen a bid, just a lease.
Jack Kershman spoke in favor of renewing the lease with the Chamber of Commerce. He said one of his restaurants belongs to the Chamber and the other one does not, yet brochures from
both businesses are displayed at the Welcome Center. He complimented the professional services provided by the Chamber and appreciated how they keep him informed of events. He expressed
concern regarding how the new group planned to staff the Center and how the staff would be compensated. He pointed out that membership in the Chamber of Commerce is broader based.
Mr. Kershman said he had 100% confidence in the Chamber of Commerce.
Dr. Rosenow said he hated seeing the two groups get into a squabble. He said CBTC offered to share space with the Chamber of Commerce but the Chamber refused. He said the two groups
could have complete joint usage of the space. Plans can be provided as they are developed.
Susan Lewis said the Chamber of Commerce is a large organization with a $250,000 budget and some areas get overlooked. She said the local businesses need to take the controls in their
own hands. She said there is no boom in tourism based on the Chamber’s activities. She stated 90% of the properties have vacancies in this peak season. She said if CBTC had access
to the Center, they would better serve the tourists.
Commissioner Berfield questioned if CBTC is registered with the State as a non-profit organization. Mr. Sakey said CBTC’s paperwork is being filed as a charitable, non-profit organization.
Commissioner Berfield pointed out that both groups say they want to work together. She questioned how tourism is being promoted to tourists who are already here. She recommended the
groups iron out their differences as there is no reason why they cannot work together.
Mr. Sakey expressed concern that the Chamber of Commerce may only agree to work with CBTC if they approve CBTC’s plan. He said CBTC is concerned exclusively with Clearwater, Clearwater
beach and Sand Key.
Commissioner Berfield pointed out that both groups have indicated a wish to promote tourism outside Clearwater and noted the Chamber of Commerce promotes Clearwater overseas. Mr. Sakey
said CBTC would do more than the Chamber for CBTC’s only interest is Clearwater, not the greater Clearwater area. Commissioner Berfield questioned if CBTC would still need space at
the Welcome Center if rack space for brochures was made available to them. Mr. Sakey said CBTC needs office space. Commissioner Berfield questioned if space at the Marina building
would meet CBTC needs if rack space at the Welcome Center was made available. Mr. Sakey felt the Memorial Civic Center space should have been put out for bid. He said CBTC’s major
concern is visibility.
The Mayor said she had no idea what CBTC wants to do and the City Commission has not been provided any information. She noted the City has more than 15 years experience with the Chamber
of Commerce.
Commissioner Johnson suggested consideration of a one-year lease with the Chamber of Commerce to see if the two groups can work together and agree on a plan.
Commissioner Dallmann questioned how CBTC planned to operate the Welcome Center and if the operation would be financed by membership fees. Mr. Warner said the Welcome Center would be
operated by Clearwater business people and they did not have an exact plan.
Commissioner Berfield noted some rough spots when the Jolley Trolley began operations two years ago. She felt the length of or lack of time involved with Welcome Centers should not
be an issue. She hoped the two groups could work out a solution. Mr. Sakey questioned if Commissioner Berfield was recommending a joint lease. Commissioner Berfield said she was not.
She said the Chamber of Commerce deserved to be noticed if the City does not plan to renew their lease. She stated the two groups were not working at cross purposes but noted both
sides want to be the ruler. She said the groups could work out their differences.
Mr. Bickerstaffe said the difference between the two offers was $1 compared to $1,000. He said business on the beach has decreased for the past 16 years and recommended renting the
Welcome Center to the new group for one year.
Mr. Campbell said he did not see this as “an either or” situation. He said the City is subsidizing the Chamber of Commerce’s offices on Osceola and Welcome Center on SR 60. He recommended
approving a one-year lease for the new group at the Memorial Civic Center.
He said the Commission owed citizens a postponement of a decision to allow notification of a Public Hearing.
Mr. Sykes recommended denying a lease to both groups and having the City run the Welcome Center.
Commissioner Dallmann moved to approve a one-year lease between the City as Lessor, and the Greater Clearwater Chamber of Commerce, as Lessee, of 1,008 square foot office space (more
or less) at the Clearwater Beach Memorial Civic Center, with nominal rent of $1 for the lease term with a provision that the Chamber of Commerce work with the Clearwater and Beaches
Tourism Council in that period of time to see if they can work out a mutual agreement to occupy the same space and that the appropriate officials be authorized to execute same. The
motion was duly seconded.
Commissioner Thomas said the Commission is facing a problem on Clearwater beach where there is massive dissatisfaction with business. He noted the Chambers are filled with people who
support CBTC and not those who support the Chamber of Commerce. He noted if tourism was up, the business people would not be in Chambers. He said CBTC already rivals the size of the
Chamber of Commerce on Clearwater beach. Commissioner Thomas said he could not support the proposal to renew the Chamber’s lease and noted the Chamber of Commerce was not supported
at the meeting. He recommended giving the lease to the new group which has agreed to share the space with the Chamber of Commerce. He felt something is radically wrong with tourism
and business on the beach. He noted $1,000 a year rent on the Civic Center space still represented a subsidy by the City. He said the problem is the Chamber of Commerce’s refusal to
share the space.
Commissioner Dallmann said the reasons for his motion were: 1) tourism is down everywhere in the State and the City is already trying to work with the Convention and Visitor’s Bureau
regarding the use of tax money; 2) tourists using the Welcome Center are already on Clearwater beach; and 3) the City is not bidding out the space. He noted if the City took over the
Chamber of Commerce’s operation of the Welcome Center, it would cost Clearwater $35,000 per year. He said the City would need to bid out the function of the Center, not the space.
He noted the Chamber has indicated they are willing to work with CBTC but want to know CBTC’s intentions for use of the space. Commissioner Dallmann said he welcomed the opportunity
at his first meeting to work to get the groups together.
Commissioner Johnson called for a vote on the motion and to end discussion. Commissioners Thomas, Dallmann and Johnson and Mayor Garvey voted “Aye”; Commissioner Berfield voted “Nay.”
Upon the vote being taken on the motion to extend the lease one year, Commissioners Dallmann and Johnson and Mayor Garvey voted “Aye”; Commissioners Berfield and Thomas voted “Nay.”
Motion carried.
The Commission recessed from 11:00 to 11:10 p.m.
ITEM #57 - Item re Harborview Construction Option (CM)
Globe Facility Services (GFS) has recommended amending the Harborview Center project to include removal of ten structural columns in the third floor meeting room area to allow better
viewing by attendees. They also have recommended installing a second escalator to allow continuous two-way movement between all floors. The existing design calls for elevators, staircases
and a single, reversible escalator.
Staff feels both suggestions are worthy and require an additional $175,000 to remove the columns and $160,000 to provide a second escalator. After discussion with the architect, staff
concluded the additional escalator can be purchased with existing project funds. While the escalator represents a serious depletion of the project’s contingency funds, funds do exist
for this purpose. The $175,000 cost for column removal includes: 1) steel fabrication and erection - $75,000; 2) concrete encasement /fireproofing removal - $15,000; 3) field inspection
and testing - $1,200; 4) fireproofing cover - $28,000; 5) bulkheads to ceiling - $2,500; 6) paint/finishes - $7,800; 7) additional lighting - $8,500; 8) protection/patching of existing
floor - $9,000; 9) provide opening at north wall - $7,000; 10) contractors’ fees and general conditions - $9,000; and 11) Professional fees - $12,000. Funding can be approved by a mid-year
budget amendment transferring $175,000 in unappropriated retained earnings of the Special Development Fund in the Harborview Center Project.
Dean Rowe explained that engineers examined the feasibility of removing columns and concluded the roof’s load can be increased on a single column by 50% without strengthening the column.
He stated the figures are budgeted numbers and not based on a hard bid. He said the plan is to remove every other column. Mr. Rowe presented a diagram of site obstructions caused
by the columns. The Mayor noted to take best advantage of the space, columns need to be removed without affecting the roof’s integrity.
Commissioner Johnson questioned if spending $175,000 to remove the columns was justified. Mr. Rowe said that was a value decision. Mayor Garvey said it makes sense to remove the columns.
Commissioner Dallmann questioned how often the space would have maximum use and suggested the seats could be oriented differently. Mr. Rowe said no matter which way the space is oriented,
the use would be severely restricted if columns are not removed. Commissioner Dallmann questioned why hard bid numbers are not presented at this stage. Mr. Rowe said he could get a
hard bid but this is an educated estimate. Commissioner Johnson questioned if the work could cost less than $175,000. Mr. Rowe said it could. Commissioner Dallmann expressed concern
that hard numbers were not available at this stage of the project.
Commissioner Berfield said the architect team is presenting an estimate to the Commission. If the Commission approves the work and the hard bid comes in at this price or lower, the
project goes forward. Mr. Baker said this is a design/build project designed and bid as work progresses. Commissioner Dallmann noted with the architect’s working relationship with
the contractor, he should have a pretty good idea of what the cost will be.
Commissioner Thomas said it boils down to making the conference portion of the Center productive by removing the columns.
Commissioner Johnson expressed concern that the Commission is dealing with unknowns regarding 15 items in Phase II. Mr. Baker said the project has progressed this far by using this
method. He said money from Phase I was returned to the project.
Mayor Garvey said the proposed work would be within its budgeted amount. Mr. Rowe said if the bids are not within this budget, they will rework and rebid the work.
Commissioner Thomas said there always will be a debate whether or not the project should have been done. He said tonight the question is if the space should be made productive by removing
the columns. Commissioner Johnson expressed concern that the public be kept informed that the Commission is working within the budget.
Commissioner Dallmann expressed concerns that he is not use to working this way and noted it is difficult to really know at what stage the project is. He noted the project is far enough
along for the architect to estimate projected expenses. He pointed out that staff has agreed enough money exists in contingency from Phase I and Phase IA to cover the cost of the escalator.
He expressed concern that the project would run out of contingency funds as hard costs for the escalator had not been established.
Commissioner Johnson recommended approving this proposal and then regrouping before additional requests are made. The Mayor agreed the City needs to do the best job possible on the
Center although she did not necessarily agree with the project. Mr. Rowe said costs for the escalators can come from the contingency funds.
Commissioner Thomas moved to approve an expansion of the scope of work for the Harborview Center Phase 2 project consisting of the removal of 10 existing columns from the third floor
meeting room area for the sum of $175,000 which includes $12,000 professional fees, $9,000 contractor fees, and $154,000 construction costs, all in accordance with existing contracts
with the architect and contractor; and authorize the expenditure of $160,000 from the project’s contingency fund within the approved construction budget for the purpose of providing
an additional escalator with a follow-up to include the final cost of the project as best as staff can estimate. The motion was duly seconded and carried unanimously.
ITEM #58 - FY 1994-95 HOME Funding Agreement with Pinellas County for funding to be provided under the HOME federal housing program (ED)
On June 3, 1993, the City Commission approved a three-year extension of the cooperation agreement between the City and Pinellas County to use HOME funds. The agreement entitles the
City to a portion of the HOME funding through the Pinellas County HOME Consortium. Funding is prorated according to federal guidelines for each participating community in the consortium.
For Fiscal Year (FY) 1993-94, the City was awarded $258,662 in HOME funds and none has been expended. The City was awarded $332,542 for FY 1994-95. During this fiscal year, staff recommends
funding: 1) Rental Housing Development - $435,000; 2) Owner-Occupied - $63,000; 3) Home-Buyer Assistance - $50,000; and 4) Administration - $33,204.
The HOME Program requires a 25% match from non-federal sources. The City’s match consists of funds awarded through the State Housing Incentive Partnership (SHIP) Program and other project
related resources.
Commissioner Thomas moved to approved the HOME Funding Agreement between the City and Pinellas County for funding to be provided under the HOME federal housing program
and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #59 - First Reading Ord. #5770-95 - Establishing a Neighborhood and Affordable Housing Advisory Board (NAHAB) (ED)
The Florida State Housing Incentive Partnership (SHIP) Program requires the City to establish an Affordable Housing Advisory Committee to review and monitor the annual Local Housing
Assistance Plan and the Affordable Housing Incentive Plan. As part of a consolidated plan to address local housing, community and economic development needs, the US Department of Housing
and Urban Development (HUD) requires the City to adopt a Citizen Participation Plan
The proposed membership of the new Neighborhood and Affordable Housing Advisory Board (NAHAB) meets the requirements of both federal and state mandates. NAHAB will be an integral part
of the City’s effort to inform citizens and solicit participation in these programs. The newly constituted board will comply with term limits and general advisory board code stipulations.
Commissioner Thomas moved to establish a Neighborhood and Affordable Housing Advisory Board. The motion was duly seconded.
Commissioner Berfield noted that none of the nine slots is designated from West Clearwater. Economic Development Director Alan Ferri said West Clearwater was not considered a low and
middle income area. Commissioner Thomas pointed out that N Ft. Harrison in West Clearwater is a low income corridor. Mr. Ferri said North Greenwood could be defined to include N Ft.
Harrison. The Mayor requested an area map be provided designating the represented areas.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Ordinance #5770-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5770-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #60 - Revised Citizen Participation Plan for CDBG Program, HOME Program & State Housing Incentive Partnership (SHIP) Program (ED)
Federal Statutes require each Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME program recipient to adopt and follow a plan for citizen participation
that establishes the jurisdiction’s policies and procedures for allocating funds. State statutes also require citizen participation for the State Housing Incentive Partnership Program
(SHIP). On November 5, 1992 and June 17, 1993, the City approved citizen participation plans for the CDBG and SHIP programs.
New federal rules require the citizen participation plan to incorporate all federal programs into one consolidated plan that also encompasses the citizen participation requirements of
the SHIP program. The citizen participation plan encourages all citizens, including minorities, non-English speaking persons, and those with disabilities to participate in the consolidated
plan development and any amendments to the plan.
Federal regulations now require participation by citizens, public agencies, and interested parties to recognize community needs, establish funding priorities, and identify all resources
used by the City to address those needs and priorities. The consolidated plan and citizen participation plan will replace several separate reports and broaden public involvement in
the program’s planning and development.
Commissioner Thomas moved to adopt the revised Citizen Participation Plan for the CDBG program, ESG, HOME program, and the SHIP program. The motion was duly seconded and carried unanimously.
ITEM #61 - First Reading Ord. #5802-95 - Amending Secs. 52.02 & 52.34, amending definition of "Department," amending process for receiving & scheduling appeals to the Development Code
Adjustment Board (re Tree Protection)(EN)
Chapter 52, Code of Ordinances regarding tree protection provides a process for appealing decisions related to Tree Removal Permit Applications. Current procedure requires submission
of a written request to the City Clerk followed by an appeal hearing by the Development Code Adjustment Board (DCAB). As DCAB agendas are processed by the Central Permitting Department,
submitting the request to the City Clerk requires an extra step for the applicant and staff. This ordinance modifies the appeal process to require submission of the request for appeal
to the development code administrator.
An administrative change included in this ordinance defines Engineering as the administering department instead of Public Works.
Commissioner Thomas moved to approve an amendment to Chapter 52, Code of Ordinances, revising the appeal process for Tree Removal Permit Decisions. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5802-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5802-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #62 - Res. #95-29 - changing portions of Spruce Ave. & Railroad Ave. to Blanche B. Littlejohn Trail (EN)
Streets adjacent to the old ACL Railroad (the Pinellas Trail) are known as Spruce and Railroad Avenues. In some areas, properties addressed on Railroad and Spruce Avenues adjoin each
other. This situation, primarily between Hart and Cedar Streets, causes confusion when emergency vehicles are dispatched. The City proposes renaming Spruce and Railroad Avenues between
Hart and Carlton Streets. Spruce Street will retain that name where the street is not adjacent to the Trail.
The North Greenwood Association selected the name, Littlejohn Trail, to honor Blanche B. Littlejohn who moved to Clearwater in 1913 and lived in the area on Nicholson Street until she
passed away in 1983 at the age of 108. As Littlejohn is currently used in Dunedin, staff has added Ms. Littlejohn’s first name and initial to the street name. The change involves minor
costs of $420 for materials to install 14 signs along the street.
Reverend Walter Campbell spoke on behalf of the change. He noted Ms. Littlejohn was a City pioneer. He said the change would not cost much and the affected area does not have high
density development.
Mayor Garvey questioned the length of the proposed Blanche B. Littlejohn Trail. Mr. Baier stated there are approximately seven blocks from Hart to Carlton. The City Manager noted some
residents may not have been notified of the proposed change. Mr. Baier said staff has prepared a letter to be sent to those who will be affected by the change.
Tom Sehlhorst recommended naming a City building after Ms. Littlejohn. He said he is an area business person and there is no signage on either Railroad or Spruce Avenues. He suggested
naming the road East and West Railroad Avenue. He said those names would be less confusing to Trail users from out of town.
Muhammad Abdur-Rahim, representative of the North Greenwood Association, indicated the City’s Department of Economic Development had approached the association regarding problems associated
to properties addressed on Spruce and Railroad Avenues. He said Economic Development had recommended adopting a single name. After receiving input from other groups, the North Greenwood
Association chose the name, Blanche B. Littlejohn and forwarded their recommendation to Economic Development. The association had not notified affected residents. He said that should
be the City’s responsibility.
Reverend William Graham said he knew Blanche B. Littlejohn and supports the change.
Cherry Harris said Ms. Littlejohn was the nicest lady she ever met and she would like to see the trail named after her. She said the change would mean so much to those who knew her.
She indicated Ms. Littlejohn was 108 when she died.
Ted Littlejohn said he was eight years old when his family moved to Clearwater. His brother paved Cleveland Street. He said his mother belonged to Mt. Carmel Church. He said he would
love to see a street in her name.
Commissioner Thomas said he approved the change but expressed concern that all affected people have not been advised of the proposal. Commissioner Berfield suggested approving the measure
with a future effective date. Commissioner Dallmann requested staff notify owners of the affected properties so they can voice any objections. Commissioner Thomas recommended an effective
date of April 30, 1995.
Commissioner Thomas moved to approve the street name change for portions of Spruce and Railroad Avenues to Blanche B. Littlejohn Trail effective April 30, 1995, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-29 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-29 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #63 - First Reading Ord. #5787-95 - providing for assessment of 10% surcharge on curbside recycling provided to customers outside the municipal limits of Clearwater (SW)
On January 17, 1995, the City Commission approved extending recycling to unincorporated Pinellas County residents on the Clearwater Utility billing system who are willing to pay for
the service. A 10% surcharge above Clearwater’s curbside rate was approved. The City Commission also approved expansion of commercial and multi-family recycling to businesses and complexes
in unincorporated Pinellas County at the rates contained in the current ordinance since Clearwater Solid Waste (CSW) competes with private companies for the business. This ordinance
establishes the 10% surcharge for curbside recycling service provided by CSW outside the City’s municipal limits.
Commissioner Berfield moved to authorize a ten percent surcharge on curbside recycling provided to customers outside the municipal limits of Clearwater, and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5787-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5787-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #64 - Community Relations Board - 1 appointment (CLK)
Commissioner Berfield moved to reappoint Gay McGill. The motion was duly seconded and carried unanimously.
ITEM #65 - Other Pending Matters
a) Work Session Procedures
Discussion of Work Session procedures was continued to April 17, 1995 as part of the Commission Rules discussion.
CITY ATTORNEY REPORTS
ITEM #66 - Resolutions
a) Res. #95-24 - Demolition Lien - 525 & 527 E. Rogers St., Wallace's Add., Blk. 2, Lot 2 & 1/2 vacated alley (Wolfe)
The City Attorney presented Resolution #95-24 and read it by title only. Commissioner Dallmann moved to pass and adopt Resolution #95-24 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Dallmann and Garvey.
"Nays": None.
ITEM #67 - Other City Attorney Items - None.
ITEM #68 - City Manager Verbal Reports
The City Manager noted the April 17, 1995 Work Session agenda has already been distributed. Changes to that agenda made at this meeting necessitate additional paperwork. Ms. Deptula
recommended distributing future Work Session packets on Mondays, one week prior to scheduled Work Sessions.
The Commission concurred that Work Session packets will be distributed on Mondays, one week prior to scheduled Work Sessions.
The City Manager reported Commissioner Dallmann cannot attend the April 11, 1995 Strategic Planning Session. The meeting was rescheduled for April 19, 1995 from 4:00 to 6:00 p.m.
ITEM #69 - Commission Discussion Items - None.
ITEM #70 - Other Commission Action
Commissioner Johnson questioned the impact of the court ruling upholding the City's requirement for annexation to obtain sewer service. The Mayor said there would be no change as the
City won. The City Attorney reported that Assistant City Attorney Dick Hull had done a fantastic job.
Commissioner Thomas announced he recently purchased the CSX railroad depot in downtown Clearwater. He said he currently had no plans for the property and requested written suggestions.
Commissioner Dallmann appreciated the warm welcome he had received. He said he will send out his comments regarding Commission rules. He questioned the vote regarding Item #57 and
agreed to let it stand as unanimous.
Mayor Garvey reported legislation regarding unfunded mandates had passed. She questioned who would pay for the May 13, 1995 Downtown Partnership retreat. Deputy City Manager Kathy
Rice indicated costs are to be shared by the partnership members. She stated the retreat will begin at 9:00 a.m. and is scheduled to last all day.
ITEM #71 - Adjournment
The meeting adjourned at 12:02 a.m., April 7, 1995.