09/21/1995 CITY COMMISSION MEETING
September 21, 1995
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 21, 1995 at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Sue A. Berfield Vice-Mayor/Commissioner
Fred A. Thomas Commissioner
J. B. Johnson Commissioner
William Justice 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
Richard Baier Engineering Director
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order. The invocation was offered by Reverend Thurman Rivers of Skycrest United Methodist Church. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamation: Public Natural Gas Week - October 1 - 7, 1995.
Presentation: Silver Circle Award for Tourism Video
ITEM #5 - Presentations
a) Beautification Committee - Annual Report
Bill Baldwin, Chair, presented the Beautification Committee Annual Report. In the past year, the Committee met with interested citizens regarding the beautification of US19N at Enterprise
in Countryside and the Pinellas Trail. He said the Beautification Committee recommended prohibiting parking on front lawns, additional landscaping at the Solid Waste
facility, landscape maintenance at the Airpark, landscaping on North Ft. Harrison and that the City Commission appoint members of both genders from all areas of the City. Besides encouraging
further beautification of the Airpark, the committee addressed the Community Redevelopment Agency (CRA) to promote lights and trees downtown. Mr. Baldwin reported the committee's float
participated in the Fun N Sun parade and sidewalks they recommended on Arcturas are underway. Mr. Baldwin said the Beautification Committee encourage the development of a unified City
theme. They support continued work on the tree ordinance and favor the work of the Design Review Board. The committee supports the redevelopment of Pier 60 but recommends eliminating
the playground and enlarging the pavilion. Committee members are interested in serving the City productively and want to be involved in discussions regarding major projects.
b) Parks & Recreation Board - Annual Report
Bill Kirbas presented the annual report for the Parks & Recreation Board and reviewed board recommendations from the last year that included support of the completion of the Pinellas
Trail in downtown and renovation of the restrooms at Crest Lake Park. He noted the board was against the tower proposed, and later denied, for the Pier 60 park. The board recommended
the installation of two bench shelters on the south side of Memorial Causeway and a transfer of funds to cover the upgrades to Bayshore Park from the basketball court in Del Oro that
can be funded next year. He said board members want their efforts to be meaningful and requested input and direction from the City Commission.
ITEM #6 - Approval of Minutes
Commissioner Berfield moved to approve the minutes of the regular meeting of September 7, 1995, and the special meetings of August 28, 1995 and September 12, 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, of the Drew and Plaza Park Neighborhood Association, thanked Mayor Garvey and Commissioner Johnson for attending the third annual picnic for neighborhood residents. He
referred to last Thursday's dedication by the North Greenwood Association of the playground in Plaza Park named after a neighborhood child who died during a drug deal. He said Plaza
Park residents were not invited to be a part of the decision regarding the celebration or playground's name. He expressed concern the deceased child's family continues their drug activities
and children from the home chase other neighborhood children off the playground. He said the neighborhood is proud of their diversity and suggested calling the playground, All Children's
Memorial, to honor all City children. As the neighborhood has problems with drug activities and too much commercial traffic, he recommended vacating a right-of-way to redirect Parks
& Recreation Department traffic.
Steve Fowler said the ordinance limiting the percentage of restaurants serving alcoholic beverages in shopping centers has had a devastating affect on Pelican Walk's ability to complete
their project. He said the closing of several beach hotel restaurants recently has resulted in an increased tourist demand for restaurant services. He noted the issue will appear on
the agenda in two weeks but indicated a sense of urgency exists. He suggested eliminating restaurants from that section of the ordinance.
Tom Sehlhorst thanked the City Manager and staff for being available to the community. He recommended combining City and County services to save money and invest more in the infrastructure.
He said local government rates high in growth. Commissioner Thomas said a study was done two years ago regarding this issue and the County had indicated they did not want to share
the savings with the City.
PUBLIC HEARINGS
ITEM #8 - Variance(s) to Sign Regulations for property located at 1390 Sunset Point Rd., E. A. Marshall’s Sub., Lots 9, 19 & 20, less road on E & S and vacated street between Lots 9
& 20 (Sunset Point Baptist Church, SV95-35)
The applicant requests the following variances: 1) an area variance of 40.3 square feet to allow a freestanding sign with an area of 88.3 square feet and 2) a height variance of 5 feet
to allow a freestanding sign 17 feet high. The subject property, zoned Public/ Semipublic, is on the northwest corner of Sunset Point Road and King's Highway. The variance is requested
to permit the existing freestanding sign to remain.
Sunset Point Baptist Church is identified by a nonconforming, freestanding sign. Within Public/Semipublic zones, churches are allowed two freestanding signs: one 12 feet high with
48 square feet to identify the church and one directory sign six feet high with 24 square feet to announce services and events. Sunset Point Baptist Church has one sign comprised of
four sign panels. The sign code does not regulate two panels because administrative policy exempts religious symbols. The remaining two panels are 88.3 square feet in area and 17 feet
high. This sign is 40.3 square feet greater than the maximum allowed representing an 84% departure from code. The height is 5 feet taller than allowed, or a 42% departure from code.
Staff feels special circumstances support approval of the requested variances. The sign's size and height are not out of scale with the property with approximately 13 acres and an
expansive front yard on Sunset Point Road. This is the only sign on this property. No signs are affixed to the building. The sign is set back 24 feet from the right-of-way, farther
than required by code. No discernible aesthetic harm will be caused by permitting the applicant to combine the allowable 48 and 24 square foot signs into a single sign with an area
of 88.3 square feet. Staff feels strict enforcement of the code would impose a hardship upon the applicant of greater weight that the benefit derived by the public.
Bob Waples, representative, verified photographs of the property presented him by Mr. Shuford.
Commissioner Berfield moved to approved the following variances: 1) an area variance of 40.3 square feet from the permitted 48 square feet to allow a freestanding sign with an area
of 88.3 square feet and 2) a height variance of 5 feet from the permitted 12 feet to allow a freestanding sign 17 feet high, on property identified as E. A. Marshall's Sub., Lots 9,
19, and 20, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: No additional freestanding signs shall be placed on this property. The
motion was duly seconded and carried unanimously.
ITEM #9 - Variance(s) to Sign Regulations for property located at 24111 US19N, Sec. 5-29-16, M&B 23.05 (Robert Enterprises / Royal Pools, SV95-39)
The applicant requests the following variances: 1) an area variance of 95.6 square feet from the permitted 75 square feet to allow attached signs with a total area of 170.6 square feet
and 2) a ratio variance of 1.91 square feet per foot of building width to allow 3.41 square feet of attached sign area per foot of building width.
The subject property, zoned Commercial Center, is located on the northeast corner of US 19N and Sunset Point Road. Following an April 21, 1995 complaint, City inspectors found the
signs were placed without permits and do not conform to the area and ratio requirements of the code. The variance was subsequently requested to permit the signs to remain. If the variance
is approved, the applicant must obtain the requisite sign permits and pay a triple fee imposed as a penalty. If not approved, the signs must be removed or altered to conform to code
or enforcement action will proceed. Should the signs be altered or replaced with new conforming signs, sign permits first must be procured.
On March 3, 1993, City inspectors found the signs for the previous tenant, Philippine Bazaar, in compliance with code. Subsequently, the tenant and signs changed and the space now
is occupied by Royal Pools who put up nonconforming signs without permits. The total sign area of 170.6 square feet is 95.6 square feet larger than the 75 square feet allowed. The
ratio of sign area to storefront width is 3.41 or 1.91 greater than the 1.5 ratio allowed.
The applicant contends the variances are warranted because the store is located in the corner of a shopping center. Staff disagrees and feels no special circumstances apply to this
property to support approval of these variances. The requested sign area is a 127% deviation from the code and the ratio of sign area to storefront width is also a 127% deviation from
code. These variances are not minimum in scope. Signs for other businesses in this zone have conforming signs, including those for similarly situated businesses.
Richard Franc, representative, verified photographs of the property presented him by Mr. Shuford. He said the business is new and when he tried to seek information regarding the sign
code, he ran into a dead end. He said the previous signs were modified. Mr. Franc said the business painted temporary signs on the windows because it is very difficult to see them
from US 19N or Sunset Point Road. He did not intend to violate code. His business needs help being seen.
Commissioner Thomas recused himself from discussion because Royal Pools is a competitor of one of Commissioner Thomas' businesses.
Commissioner Johnson moved to deny the following variances: 1) an area variance of 95.6 square feet from the permitted 75 square feet to allow attached signs with a total area of 170.6
square feet and 2) a ratio variance of 1.91 square feet per foot of building width to allow 3.41 square feet of attached sign area per foot of building width, on property identified
as Sec. 5-29-16, M&B 23.05, for failure to meet Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded.
Commissioner Berfield questioned if the business will be required to obtain permits regarding their signage. Mr. Shuford indicated that is the case.
Upon the vote being taken, Commissioners Berfield, Johnson and Justice and Mayor Garvey voted "Aye." Commissioner Thomas abstained. Motion carried.
ITEM #10 - Public Hearing & First Reading Ords. #5895-95, #5896-95 & #5897-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1304 Parkwood
St., Pine Ridge Sub., Blk A, Lot 11 (Koger, A95-20, LUP95-23)
The applicant requests annexation for sewer service of land with a proposed zoning of Single-Family Residential "Eight" and proposed Future Land Use Classification of Residential Low.
On August 29, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation.
Commissioner Thomas 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 11, Block A, Pine Ridge Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5895-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5895-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5896-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5896-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5897-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5897-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
ITEM #11 - Public Hearing & First Reading Ords. #5898-95, #5899-95 & #5900-95 - Annexation, Land Use Plan Amendment to Residential Medium & RM-16 Zoning for property located at 1939
Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21, LUP95-24)
The applicant requests annexation for sewer service of land with a proposed zoning of Single-Family Residential "Sixteen" and proposed Future Land Use Classification of Residential
Medium. On August 29, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation.
Commissioner Johnson moved to approve the petition for annexation, Future Land Use Plan Amendment to Residential Medium, and Zoning Atlas Amendment to Single-Family Residential "Sixteen"
for SW 1/4, North 175 feet of west 120 feet of Lot 3, Pinellas Groves Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5898-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5898-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5899-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5899-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5900-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5900-95 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
ITEM #12 - Public Hearing & First Reading Ords. #5903-95, #5904-95 & #5905-95 - Annexation, Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1850 McMullen
Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22, LUP95-26)
The applicant requests annexation for sewer service of land with a proposed zoning of Public/ Semi-Public and proposed Future Land Use Classification of Institutional. On August 29,
1995, the Planning & Zoning Board unanimously endorsed the proposed annexation.
Commissioner Berfield moved to approve the petition for annexation, Future Land Use Plan Amendment to Institutional and Zoning Atlas Amendment to Public/ Semi-Public for M & B 32/05.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5903-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5903-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5904-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5904-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
The City Attorney presented Ordinance #5905-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5905-95 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey .
"Nays": None.
ITEM #13 - Public Hearing - Second Reading Ord. #5912-95 - 1995/96 millage rate
The City Attorney presented Ordinance #5912-95 for second reading and read it in full. Commissioner Berfield moved to pass and adopt Ordinance #5912-95 on second and final reading.
The motion was duly seconded.
Commissioner Thomas reported management has held the same millage rate for five years in a row. He noted the Police Department cost more than the City receives in property taxes and
said the City is funded by a user fee system from franchise fees, etc. He expressed concern many sources of City funding are being limited or eliminated.
Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #14 - Public Hearing - Second Reading Ord. #5913-95 - 1995/96 Operating budget
The City Attorney presented Ordinance #5913-95 for second reading and read it by title only.
Rita Peck, of the Christian Coalition, submitted a petition requesting the City's annual $400,000 contribution to the Performing Arts Center & Theater (PACT) at Ruth Eckerd Hall be
terminated because of the scheduled presentation of "Angels in America." She said the theater's disclaimer that the show was not recommended for children proves PACT knew this booking
would cause problems in the community.
Pam Olsen, co-founder of Citizens Against Pornography, said she was against the play and its blatant anti-family voice. She requested the City Commission take a strong stand and cut
funding to PACT.
Nick Paneko, pastor, said the City Commission is responsible for overseeing the welfare of the community. He applauded the Commission's ban on T-back swimsuits last year. He expressed
concern Ruth Eckerd Hall sees nothing wrong with "Angels in America," a play with sexual situations and nudity. He said the 3,000 member Countryside Christian Center opposes this play
and requested the Commission stop PACT from bringing the play to town.
Gwenith A. Conrad said if Ruth Eckerd Hall did not want to present a religious play during the Christmas Season, they should not have gone to this extreme.
Alice Bowles said Ruth Eckerd Hall was built for families and recommended against spending tax money for the play, "Angels in America."
Early Sorenson said he has a healthy family and will go see the play. He said the play will not hurt anybody.
The City Manager said the City contributes $400,000 annually to Ruth Eckerd Hall and must give them notice by July 1 of the City's inability to provide that funding. The City Attorney
reported the purpose of the City's contribution is to enable community groups to use the hall for a certain number of days. She said the City Commission can decide the City does not
have funds for that purpose, but must notify PACT by July 1 of the year they reach that decision. The City Attorney advised if the funding is removed at this time, the City would breach
its agreement.
Commissioner Justice said he brought the issue forward to inform the citizens about the play. He did not want to censor anything and noted the budget cannot be changed at this time.
He suggested the next City Commission will need to decide if they want a say in which plays are produced at Ruth Eckerd Hall. He said he had nothing against the play but suggested
the same story could be told with clothes on. Commissioner Johnson said he felt the same way.
Commissioner Berfield noted Ruth Eckerd Hall hosts 200 events per year. She suggested filing the petition and addressing this issue in April 1996.
Consensus was to bring this issue back for discussion in April 1996.
Commissioner Berfield said she had attended a recent meeting of the PACT foundation and reported neither the present nor past Executive Directors booked this program. She was impressed
with the current Executive Director and felt the City can work with her in the future.
Commissioner Thomas wanted to address this issue now. He requested the City Attorney draft a resolution to pass in two weeks to Ruth Eckerd Hall indicating the City Commission's intent
not to fund the PACT next year if they continue to present sexually
perverse plays. The City Attorney requested some leeway because the grounds for rejecting funding are fairly limited.
Howard Groth referred to the Facility Use Agreement and warned of some legal consequences should the City Commission take action. He said while he agrees with the concerns regarding
the play, the agreement specifically states the City will not interfere with programming. He indicated the $400,000 contribution is tied to other performances by children, the Florida
Orchestra, etc.
Jack Alvord questioned if no one in Chambers had seen the play, how can it be condemned solely on an advertisement.
Terry Cummings said he makes decisions every day regarding what he will and will not see based on advertisements.
Reverend Tony Shagler said he works with homeless men and felt plays such as "Angels in America" cause the problems he sees on the street. He recommended the City take a stand.
Commissioner Justice moved to pass and adopt Ordinance #5913-95 on second and final reading. The motion was duly seconded.
Commissioner Berfield questioned if the Tampa Bay Partnership was included in the budget. The City Manager said staff will bring that issue back to the Commission before the dues are
paid.
Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #15 - Public Hearing - Second Reading Ord. #5914-95 - 1995/96 CIP budget
The City Attorney presented Ordinance #5914-95 for second reading and read it by title only.
Carlton Ward, representative for Senior Citizen Services, Inc., referred to the CIP for a downtown lake. He said Senior Citizen Services, Inc. objects to plans to take their property
for the lake.
Commissioner Thomas moved to pass and adopt Ordinance #5914-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #16 - (Cont'd from 09/07/95) Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills (FN)
The City Attorney requested this item be continued for two weeks.
Terry Muntges questioned why the item was continued. The City Attorney said she needed to complete research on the letter she received.
Commissioner Justice to continue this item to October 5, 1995. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #17 - (Cont'd from 09/07/95) Ord. #5741-95 - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View a/k/a
McMullen Bayview Sub., Blk 3, part of Lots 1 & 2, and S 1/2 of vacated street abutting N side of lots, 0.70 acres m.o.l. (R. Roy Meador, LUP93-43)
The City Attorney presented Ordinance #5741-95 for second reading and read it by title only.
Mr. Shuford indicated he had no additional information to present. Harry Cline, representative of the applicant, reserved the right to close in rebuttal.
Breck Parker submitted a brief of appeal, a smaller site plan, etc. He objected to not following the Snyder process for the second hearing. He felt Commissioner Justice should recuse
himself because he knows the applicant. He questioned why staff is not required to be sworn in. He said the applicant's argument that the queuing needs to be changed because of safety
concerns was expressed for the first time recently and is not a valid argument. He said all who addressed the Commission spoke against the proposal and no one favored it.
Jack Alvord said he did not blame the City Commission for what is happening and suggested they had not received valid information. He said a letter from Mr. Shuford to the City Manager
was full of misinformation. He noted some Bayview houses were built in 1898, 1890, 1910, and 1925, etc.
Tom Nocera urged the City Commission to deny the rezoning request. He said he is a frequent customer of the FINA gasoline station and bait shop but does not see how the rezoning will
improve the corner. He noted the request has caused a great deal of divisiveness and is not good for Clearwater. He warned further legal proceeding will occur. He expressed concern
that Commissioner Justice, who has a long time relationship with the applicant, represents the swing vote.
Bryan Mullen said "Protect and Serve" should be the motto of all governmental agencies. He noted Commissioner Justice's expressed concern regarding possible litigation by Mr. Meador
represents a special interest. He said Clearwater's greatest asset is its neighborhoods and expressed concern Mr. Meador would be the only person who would benefit
from the change. He said taking this case to the State's special grand master would be long and costly. He requested the Commission review the rules that would allow this change.
Early Sorenson submitted copies of zoning maps covering four CPDs in Clearwater with sites larger than four acres. He said the proposed residential buffer was only 20% of the current
one. He said the applicant reneged on his agreement to construct a block wall to shield the neighborhood from commercial uses.
David Grice said this represents a perfect example of commercial intrusion into a residential neighborhood. He said citizens must stand up for themselves.
Roy Meador said the rezoning would benefit Bayview by improving the entrance to the neighborhood. He said, as far as the general public is concerned, the change will be a great improvement.
He indicated the change will not add one vehicle to Gulf-to-Bay Boulevard or Bayview. He said the station will be cleaner and will attract fewer trucks because diesel fuel will not
be sold at the new station. Mr. Meador reported pollution will be cleaned. He said he has tried to address neighborhood objections and noted the zoning will only allow a gasoline station.
He said without a change in zoning, he could tear down the present gasoline station and build anything allowed in a commercial zone. He said he gave up half the property he wanted
to rezone.
Anna Meador said she has come to most of the hearings and expressed concern regarding the hours spent insulting her spouse. She said it is not true. She said she admired and appreciated
the hard work done by the Planning & Zoning Committee and City Commission. She said she considered responding to letters published in the newspapers that cast dispersions on her husband.
She decided that type of response would not be prudent and expressed admiration for those able to withstand negative rhetoric. She said the plan is well thought out and would not impact
the neighborhood. She said once the new service station is built, the neighbors will see how much nicer the property looks and what a benefit it will be.
The Commission recessed from 7:59 to 8:01 p.m.
Harry Cline reviewed this site's history and noted the request is to add 0.3 acres to a 0.3 acre site. He noted public interest is not part of a zoning consideration and recited the
benefits of the change. He said the gasoline station would have a larger building but would retain three islands. Mr. Cline said each time the applicant made concessions to the neighbors,
they requested more. He said the applicant has met all their obligations and further concessions are not necessary. He said zoning considerations are not popularity contests and indicated
Mr. Meador is entitled to a reasonable use of his property. The current site is too small to function as a service station. Mr. Cline said the nearby residential property is 23 feet
from Gulf-to-Bay Boulevard which is not a good location for residential property. He said current zoning classifications are inadequate because of development along the corridor.
Commissioner Justice referred to the suggestion that he recuse himself and indicated that would make him very happy. He noted he had been appointed to the City Commission and the City
Attorney has indicated he can not disqualify himself. He referred to his relationship with Mr. Meador and reported he had taught Mr. Meador in high school in 1948. He said tonight
is the third time he has seen Mr. Meador since that time. He said his vote did not represent any special interest.
Commissioner Thomas spoke against the issue and noted staff had indicated on the May 19, 1994 agenda item that rezoning would infringe on the residential neighborhood to the south.
He expressed concern staff now recommends going forward with the request although nothing has changed. He said code requires Commercial Planned Development (CPD) to be four acres and
this site is nowhere near that large. He suggested if this is approved all zoning could be planned development to allow builders anything they wanted. He referred to the Standards
for Approval and felt the site does not meet 8 of the 11 standards. He expressed concern the domino theory will occur and noted Mr. Meador has demolished two homes built in 1910 and
1893.
Commissioner Thomas expressed concern Mr. Meador would not promise the lot where his mother's house stands would remain residential because he did not want to tie his children's hands.
Commissioner Thomas agreed the change will improve the property's appearance and said he would support the rezoning if the surrounding property was guaranteed to remain residential.
He expressed concern the residents do not have the money to fight this development. He said the City Commission has failed this community and expressed concern the City had not met
two State requests to complete the necessary studies to designate this area historical.
Commissioner Justice questioned if the 11 Standards for Approval have been met regarding this zoning. The Mayor referred to a memorandum from Scott Shuford included as an Exhibit with
the September 7, 1995 minutes that indicates all Standards for Approval have been met. She agreed all Standards for Approval had been met and felt approval is appropriate. Mr. Shuford
agreed staff felt all 11 Standards for Approval had been met. The City Attorney indicated the City Commission voted 3-2 in a quasi-judicial decision that the Standards for Approval
had been met.
Commissioner Berfield felt the CPD represented a poor planning decision and would result in a substandard lot. She expressed concern rezoning of the remaining residential lot would
occur because no will buy the lot for a home. She said if the public benefit is of concern, the gas pumps could be reconfigured on the current lot. She noted the tree ordinance would
protect the trees. She suggested the City could install the proposed sidewalks. She concurred zoning is not a popularity contest but felt it should be based on good planning. Commissioner
Berfield expressed concern regarding reports that the rezoning would cause a 400% increase in traffic. She noted the problems that have occurred with overdevelopment on Ulmerton Road
by the Clearwater/St. Petersburg Airport. She said Mr. Meador has a reasonable use of his property now. She expressed concern the rezoning would set a precedent.
Commissioner Johnson said he has given this situation a great deal of consideration and believed the rezoning will enhance the intersection.
Commissioner Johnson moved to pass and adopt Ordinance #5741-95 on second and final reading. The motion was duly seconded. and upon roll call, the vote was:
"Ayes": Johnson, Justice and Garvey
"Nays": Berfield and Thomas.
Motion carried.
ITEM #18 - (Cont. from 9/7/95) Ord. #5742-95 - CPD Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of Bay View a/k/a McMullen
Bayview Sub., Blk 3, part of Lots 1 & 2 and Bayview City Sub., Lot A, and vacated street r-o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub., 1.02 acres m.o.l. (R. Roy Meador,
Z93-54)
The City Attorney presented Ordinance #5742-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5742-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Justice and Garvey
"Nays": Berfield and Thomas.
Motion carried.
The Commission recessed from 8:31 to 8:47 p.m.
ITEM #19 - Ord. #5891-95 - Land Use Plan Amendment to Institutional for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox
Traditional Church of America, LUP95-22)
The City Attorney presented Ordinance #5891-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5891-95 on second and final reading.
The motion was duly seconded.
Curtis Jenny noted his concern regarding additional traffic on Springtime Avenue. He said the church has indicated they plan to make major changes on the entire property and to increase
the building area by one-third. Mr. Jenny opposed widening Springtime Avenue to meet the church's needs.
The Mayor noted the church will have to present a site plan that meets City code before any construction begins. The City Manager indicated no code requires the City to widen the street.
Mr. Shuford said the church will have to apply for and receive a conditional use permit to operate a day care. The Mayor noted neighbors will be notified when this application is to
be addressed.
Sandra Jenny said her parents own three homes on Springtime Avenue. She expressed concern regarding adding traffic to Springtime Avenue. Mr. Shuford said staff preferred additional
traffic from the church to be routed to Douglas Avenue.
Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #20 - Ord. #5892-95 - P/SP Zoning for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America,
Z95-05)
The City Attorney presented Ordinance #5892-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5892-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #21 - Ord #5893-95 - RPD Zoning for property located at 1551, 1555, 1559, 1563, 1567 & 1571 Druid Rd., Druid Groves Sub., Blk A, Lots 1-6 & 1/2 vacated street (Clearwater Community
Hospital, Z95-06)
The City Attorney presented Ordinance #5893-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5893-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #22 - Ord. #5901-95 - Land Use Plan Amendment to Commercial General for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, LUP95-25)
The City Attorney presented Ordinance #5901-95 for second reading and read it by title only.
David Grice questioned the location of the subject property and indicated he opposed any future commercial development in North Greenwood until the City reviews its impact on residential
neighborhoods between North Greenwood and downtown. Mr. Shuford said the change was recommended by a recent study.
Commissioner Thomas moved to pass and adopt Ordinance #5901-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #23 - Ord. #5902-95 - CNG Zoning for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, Z95-07)
The City Attorney presented Ordinance #5902-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5902-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #24 - Ord. #5906-95 - providing for issuance of not to exceed $1,400,000 Special
Assessment Bonds, Series 1995 to pay costs related to burying of power lines & installation of street lighting along Gulf Blvd. on Sand Key
The City Attorney presented Ordinance #5906-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5906-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #25 - Ord. #5910-95 - 1994/95 Operating budget (3rd quarter)
The City Attorney presented Ordinance #5910-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5910-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #26 - Ord. #5911-95 - 1994/95 CIP budget (3rd quarter)
The City Attorney presented Ordinance #5911-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5911-95 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #27 - Citizens to be heard re items not on the Agenda
David Grice read a letter from the Drew and Plaza Park neighborhoods noting the neighborhood's success at restoring houses, reporting code violations and battling drug activities.
He noted a problem with too much commercial traffic and recommended vacating a right-of-way to redirect Parks & Recreation Department traffic.
John Doran referred to his photograph album of dumpsters on Clearwater beach and facetiously suggested applying for a world record for the most dumpsters per square mile or the world's
largest dumpster.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #28-39) - Approved as submitted less #31 which is pulled due to a bid protest.
ITEM #28 - Renew lease with Albert L. and Linda M. Guy for property located at 1000 Vine Ave., Jurgen’s Addition to Clearwater, Blk E, part Lot 10, used for CRT N. Greenwood Neighborhood
Office, for the period 10/01/95 -09/30/96, with 1 one-year term option, for $4,800 (CRT)
ITEM #29 - Amend existing contract with legal firm of Akerman, Senterfitt & Eidson, Orlando, FL, to increase counsel fees for environmental issues relating to the Manufactured Gas Plant
Site by $25,000 for a new total of $65,000 (GAS)
ITEM #30 - C.O.#s1-4 for additional work for remodeling of Gas Administration & Operation Center buildings located at 400 N. Myrtle Ave., to Design Wise Building Contractors, Inc., Clearwater,
FL, for $34,969 for an estimated new total amount of $197,519 (GAS)
ITEM #31 - Contract for tire service, repair & replacement to Stringer Tire Company, Inc., Tampa, FL, for the period 10/1/95-9/30/96 with option to renew for an additional year upon
mutual consent, at an est. labor cost of $63,410 & est. material cost of $211,590, for a total est. $275,000 (GS) - PULLED
ITEM #32 - Contract extension for long-term disability (LTD) insurance for employees not covered by City’s Pension Plan with CNA Insurance Companies, Orlando, FL, for the period 11/01/95
-10/31/96, at an estimated. $36,702 (HR)
ITEM #33 - Purchase of 1 DEC Alpha 2100/4 computer system, operating system & programming licenses and associated peripheral components from American Data & Computer Products, Inc.,
Tampa, FL, for $38,348; authorize lease purchase through City’s master lease purchase agreement (IM)
ITEM #34 - Amendment to agreement with School Board of Pinellas County, providing for continuation of School Resource Officer program for 1995/96 school year, at Clearwater & Countryside
High Schools (PD)
ITEM #35 - Ratify/Confirm City Manager’s authorization of payment for May, June, July, August & September, 1995 and approve assignment of remainder of City’s sweeping contract with C.
P. Ward, Inc. to Sweeping Corporation of America, Inc., Nashville, TN, beginning 05/1/95 & ending 09/30/96 under same terms and conditions (PW)
ITEM #36 - Contract to Crom Corp., Gainesville, FL, to provide miscellaneous repairs & upgrades to 4 five-million-gallon ground storage (water) tanks for the Public Works Dept., for
$71,899 (PW)
ITEM #37 - Sovereign Submerged Lands Use Agreement with State of Florida, Board of Trustees of Internal Improvement Trust Fund for Force Main Replacement in Clearwater Harbor (EN)
ITEM #38 - Receipt/Referral - LDCA - Parking Garage Regulations (LDCA 95-19) (CP)
ITEM #39 - Appoint Commissioner Justice to represent the Commission as the Canvassing Board regarding the 10/24/95 Special Election (CLK)
The City Manager referred to Item #30 and reported when the building was constructed in 1980, the shell was built by an outside company and staff completed the interior. City policy
then did not require permits nor inspections. She indicated that policy has been changed.
Commissioner Berfield moved to approve the Consent Agenda as submitted, less Item #31, and that the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #40 - Harborview interior colors & design
Consensus was to go with the suggested blue and green tropical design.
ITEM #41 - (Cont'd from 09/07/95) Clearwater Housing Authority - 1 appointment (CLK)
The Mayor nominated Terry Byrd.
Commissioner Thomas moved to appoint Terry Byrd. The motion was duly seconded and carried unanimously.
ITEM #42 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #43 - Resolutions
a) Res. #95-75 - Relating to a beach access and public parking on Sand Key for the Beach Restoration Project
The City Attorney presented Resolution #95-75 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-75 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #44 - Other City Attorney Items
Commissioner Thomas moved to approve a $590,000 settlement with Fisherman's Wharf for business damages, rental expenses, etc. The motion was duly seconded and carried unanimously.
The City Attorney requested an attorney/client session regarding the City of Clearwater & Sid Klein versus the Church of Scientology Flag Service Organizations, Inc. be scheduled for
October 5, 1995 at 5:00 p.m. Consensus was to so schedule.
The City Attorney reported the date previously scheduled for the Dervish Brothers' conditional use appeal hearing is not convenient for the petitioner’s attorney. Consensus was to schedule
for December 6, 1995 at 9:00 a.m.
The City Attorney requested a six month extension to the contract requirement that she move to the City within one year. Commissioner Thomas expressed concern with the request and
felt a six month extension was too long. The City Attorney indicated she has had no offers on her home in Tampa and stated she would agree to only one extension.
Commissioner Johnson moved to approve a six month extension to the City Attorney's contract requirement that she move to the City within one year of employment. The motion was duly
seconded. Upon the vote being taken, Commissioners Berfield, Johnson and Justice and Mayor Garvey voted "Aye"; Commissioner Thomas voted "Nay." Motion carried.
ITEM #45 - City Manager Verbal Reports
Jazz Holiday EMS unit
The City Manager recommended approving the request by the Jazz Holiday for the City to supply an EMS unit to standby the band shell during the festival.
Commissioner Thomas moved to approve supplying an EMS unit to standby the band shell during the Jazz Holiday festival. The motion was duly seconded and carried unanimously.
National League of Cities Conference
The City Manager reported the National League of Cities Conference will be held in Phoenix, November 29 - December 2, 1995, and suggested one or more Commissioners consider attending.
Pension Plan
Deputy City Manager Kathy Rice said she met with representatives from the International Association of Fire Fighters (IAFF) today regarding their objections to the proposed Pension
Plan and reported no agreement was reached. She said the City had agreed to the IAFF request to create a paramedic position rather than it be an assignment. She referred to the new
IAFF request to create a driver position. She advised the union the City
would not agree to that request. Ms. Rice recommended continuing with the referendum as planned and indicated she had withdrawn the City's offer to create a paramedic position.
The Mayor recommended not withdrawing the offer of a paramedic position. Commissioner Thomas agreed with withdrawing the City's offer regarding the paramedic position. He expressed
concern the City already paid employees their bonuses. He questioned if voters approve the referendum, does the City have the right to take back the fire fighter's bonuses and start
the negotiation process at square one. Ms. Rice said staff is researching the issue and indicated management believes the City has an agreement and contract. She said if PERC rules
the contract and agreement are not valid, the City will indicate they want the bonus money returned. Commissioner Thomas questioned if the firefighters can be removed from the ballot
measure. Ms. Rice indicated that was not possible.
Commissioner Berfield questioned the status of the scheduled raise due October 1, 1995. Ms. Rice said staff is researching that issue. She felt the contract is valid. Commissioner
Berfield questioned if the raises for all employees will be interrupted if the issue does not go to referendum. Ms. Rice said the City feels the other unions have acted in good faith.
If the firefighters stop the ballot, the City will ask the courts for direction. She said more research on the subject is needed. Ms. Rice said the City's agreement with the other
unions is to take this issue to referendum.
Consensus was to not consider creating a firefighter driver position.
Tower site
Assistant City Manager Bill Baker said the City rejected all the Requests for Proposals (RFPs) submitted for the first suggested tower site by Pier 60. He reported the next site chosen
by First Street could not be used because of restrictions based on the City Charter. He suggested acceptable sites may include one next to the Marina seafood restaurant on the Causeway
and in the Civic Center parking lot. He said the City-owned parking lot next to Eckerd Drugs on North Mandalay Avenue would not be acceptable because of the requirements of the planned
laser shows included in the contract. Mr. Baker said forty laser shows are planned during the first year and will require a large area where spectators can congregate and watch the
display. Laser guns need to be placed on tall, nearby structures. A screen will be lowered from the gondola for the show. Mr. Baker suggested the Pier 60, Civic Center and restaurant
lots lend themselves to the creation of a laser web.
The Mayor expressed concern regarding the pedestrian potential for the site by the Marina Restaurant. Mr. Baker suggested most of the towers' customers will be tourist families visiting
the beach. He presented a drawing of the marina site that demonstrated how the tower would impact it. He indicated pedestrians would walk to the tower. He said the site had space
for the gondola, shaft and machine room. The City Manager said another suggested site, just to the North, would cause the loss of parking spaces. She said staff will provide a drawing
of the tower's impact on the Civic Center parking lot.
Mr. Baker said no parking spaces would be lost if the tower was located at the Marina. He reported a service station once stood on the site and some clean up may be needed. Mayor
Garvey expressed concerns not enough parking currently exists. Mr. Baker suggested spaces
in the Pier 60 parking lot could count toward the tower's needs. Mayor Garvey noted visitors may try to park in the Marina lot. Mr. Baker said they could not find space in the marina
because the lot is already full. Commissioner Thomas said the tower will be a pedestrian attraction and the Jolley Trolley will shuttle visitors. The City Manager agreed a serious
parking problem at the Marina currently exists. She said the tower's impact is a different issue.
Commissioner Thomas noted parking problems exist all over the beach. He questioned if Mr. Grogan would agree to posing a referendum question on the March 1996 ballot to locate the
tower on the beach by First Street. Commissioner Thomas said the beach is the correct site and felt the voters would not turn down a request for such a tiny piece of land.
Mr. Grogan did not think he could wait until the Spring because time is critical. He said the tower is currently in Wisconsin and expressed concerns regarding extricating from snow
and ice. He said he has conscientiously tried to address all questions. He indicated he has not followed through regarding other locations because he wants to locate the tower here.
Mr. Grogan said the preferred site would be next to Pier 60, followed by the site by First Street and then the Marina site. He felt all three site represented good market areas. He
reported the owner of the Marina Restaurant, Bill Goodwin, violently opposes the Marina site for the tower and indicated he would only agree to the tower if Mr. Grogan bought his restaurant.
David Little did not think the tower would have much impact on the vista of the beach. He said the tower consists of a steel pipe that is eight-feet in diameter and 300 feet tall.
He noted the Clearwater Beach Blue Ribbon Task Force had indicated people want additional activities on the beach. Mr. Little said he supports the tower and felt the Marina site is
probably the ideal location because the tower's impact on the beach would be minor. He felt the tower would provide everyone with the opportunity to see how beautiful Clearwater is.
Bill Kirbas said problems on Clearwater beach will ripple through Clearwater and affect all residents. He said Clearwater beach businesses need help. He noted attractions are needed
because visitors need activities. Mr. Kirbas said the tower is not obtrusive and agreed the Marina property would be a good location. He did not think residents would approve a beach
location.
John Doran said he respects Mr. Goodwin but favors the tower. He suggested if the Marina parking lot is already full, the tower could not make it any fuller. He agreed the best site
would be by Pier 60 but agreed residents would not approve a referendum to allow that. He said the taxpayers and Mr. Grogan will make a great deal of money on the tower and it will
be good for tourism. He noted the tower is not the single answer to help the beach. He felt pedestrians would not be attracted to the Civic Center parking lot because they would have
to cross too much traffic. He said the farther the tower is away from the beach, the less attractive it will be to tourists. He felt the Marina site represented the most viable option.
Charles Pollick, representative of the Clearwater Beaches and Tourism Council, expressed concern plans to construct the tower on the beach had fallen through the cracks. He said he
still supports the tower and noted the Marina parking lot is full at 8:00 a.m. He suggested the parking problem at the Marina may need to be addressed. He said pedestrians in the area
are looking for something to do. He noted the tower represents only one idea and will not solve all the problems. He said the project represents a financial return to the City from
private investment.
Jay Keyes said many complain there is nothing to do on Clearwater beach after dark unless it is related to alcohol. He said the beach needs more activities that do not involve alcohol.
He supported locating the tower on Marina property.
The City Manager noted zoning problems related to each considered site would require many variances. She suggested the best way to handle the issue would be to form the City's smallest
CPD zoning that includes a complete package for the City Commission to consider and decide.
Commissioner Justice questioned why the Eckerd site would not be good for laser shows. Mr. Baker said the preferred site would be near taller buildings where laser guns can be placed
to create a wide laser web. He said if the show is a success, people will gather around the tower. He said buildings near the Eckerd site would block the view of spectators and limit
the show's special effects. Mr. Grogan said sponsors were unwilling to support shows in that location. Mr. Baker suggested if the tower is placed on the Marina site, spectators would
not be in the street. Commissioner Justice expressed concern the intersection by the proposed site is too congested. Mr. Grogan said no problems have occurred at the intersection next
to its current location in Wisconsin. In answer to a question, Mr. Grogan said the tower is 335 feet tall. The producer will decide the screen's location on the tower for the laser
show.
Commissioner Thomas moved to direct staff to negotiate a lease with Mr. Grogan to place the tower at the Marina site. Motion died for lack of a second.
Commissioner Justice moved to direct staff to negotiate a lease with Mr. Grogan to place the tower at the Eckerd site in the City-owned Mandalay Avenue parking lot. The motion was
duly seconded.
Commissioner Berfield noted the Civic Center site had not been addressed.
The Commission recessed from 10:16 to 10:26 p.m.
Commissioner Justice withdrew his motion. The seconder agreed to withdraw.
Commissioner Berfield said it was a positive that the Jolley Trolley unloads at the Civic Center site and the tourist office is located there. Mr. Baker said extra crosswalks could
be installed. Commissioner Berfield suggested lights could be installed on Mandalay to help pedestrians and control traffic. City Engineer Rich Baier said pedestrian and vehicular
traffic could be handled by different methods.
Mr. Grogan urged the City Commission to reconsider the Marina site. He said the gondola holds 64 passenger and has a turnaround time of six to nine minutes. He said the Marina spot
would have the greatest economic return. He indicated the Civic Center site is acceptable but requested readdressing the agreement should that site be selected.
Commissioner Johnson moved to direct staff to consider the Civic Center parking lot as a location for the tower. The motion was duly seconded.
The City Attorney reported staff has not done all due diligence regarding the Civic Center parking lot site. Staff will negotiate a lease while the site is being reviewed.
Upon the vote being taken, Commissioners Berfield, Thomas, Johnson and Justice voted "Aye"; Mayor Garvey voted "Nay." Motion carried.
Special Beach Meeting re Pier 60 Concessions
The City Manager reported the Special Meeting scheduled for September 28, 1995 at 9:00 a.m. regarding the concession stand at Pier 60 will be held at the Clearwater Beach Recreation
Center.
ITEM #46 - Other Commission Action
Commissioner Berfield referred to Quality Cities Magazine and the awards for the CommUnity campaign listed on page 7. She said the awards' committee should be advised regarding Clearwater's
participation.
Commissioner Berfield questioned when the C-View Task Force would be formed. The City Manager suggested the C-View Task Force differs from other boards. She indicated the task force
will require technical expertise and suggested permitting the City Manager to appoint technical members and the City Commission to appoint the rest. She recommended the Task Force be
limited to 18 months, followed by a reevaluation. The issue will be discussed at the October 2, 1995 Work Session.
Commissioner Berfield requested an update regarding the background check on Mr. Katz who had proposed to build the Sandcastle on the beach in 1996. The City Manager said this is the
first issue the ten department directors working on the Sandcastle will address. Commissioner Johnson expressed concern negotiations should stop as early as possible. Commissioner
Thomas said if the facts are correct, the City should not do business with Mr. Katz until all judgments against him are clear.
Commissioner Thomas moved for staff to cease all negotiations with Mr. Katz if the information regarding financial judgments against him is true. The motion was duly seconded.
The City Manager said the agreement would be structured with many stop/go points. Commissioner Thomas said he did not want any more time wasted until this issue has been cleared up.
The City Attorney said the City can verify the record. Commissioner Johnson noted information gathered by the Police Department indicated some judgments against Mr. Katz had not been
satisfied. He expressed concern regarding Mr. Katz's claim he was unaware of some of the judgments. Commissioner Johnson recommended stopping negotiations immediately. Commissioner
Thomas said his motion will stop further negotiations unless all of these matters are cleared. Commissioner Berfield suggested giving Mr. Katz an opportunity to defend himself.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas referred to the cover of Quality City Magazine and cited it as a good example of tall buildings surrounded by park land he would like to see downtown.
Mayor Garvey reported her meeting with Mayor Jorge Rocha Trejo from Ixmiquiltan, Mexico and presented wall hangings he had sent to the Commissioners.
Mayor Garvey announced C-View will move from channel 35 to channel 15. The City Manager indicated the change will occur between October and January.
Mayor Garvey invited volunteers and residents to participate in the Sparkle Days Clearwater Beach Cleanup Program planned on the beach from September 25 through September 30, 1995.
ITEM #47 - Adjournment
The meeting adjourned at 10:44 p.m.