02/17/1994 (2)
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, ~ ACTION AGENDA - CLEARW~TER CITY COMMISSION MEETING' - February 17, 1994 (6:00 P.M.)
, Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized. then
state your ~ a,nd address. Persons speaking before the City Commission on other than Public
I Hearing items shall be limited to 3 minutes. No person shall speak more than once on the 'same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABiliTY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
, SHOULD CALL 813/462-6684.
1 .
2.
3.
4.
5.
6.
7.
Pledge of Allegiance
Invocation. ,
Service Awards
Introductions and Awards
Presentations
Approval of Minutes. 12116/93
Citizens to be heard re items not on the
Agenda (maximum of ,10 speakers pre-
registered with City Clerk) , ,
1. Mayor. ,
2. Pastor David Smith, Faith United' Church of
Christ.
3. . Retirement gifts presented to Phil Janocha,
WPC, PWi Thelma McCann, P&R; Bob
Craft, Marina.
4. . Charles & Winifred Oliver presented
Mayor's Award for volunteer service to the
City, ..
Larry & Linda Hamrell presented City
Commiss.ion A~ard for City employees'
volunteer service to the community.
5. None.
6. Approved as corrected.
7. Jim'Thornton. representing Country Club.
Addition, spoke in opposition to the
widening of Drew Street.
Jacob Ghuria spoke in opposition to paying
fee for alcoholic beverage approvals for
sacramental wines,
Chervl Gater spoke in opposition to the
homeless shelter being located across
Osceola Avenue from 'her home.
Beth Schramek complained re the sign code
indicating it is too restrictive and is
confusing.
Daniel Cockerham spoke in opposition to
the Homeless Shelter being located behind
his business "Clearwater Floristll.
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Not Before 6:00 P.M. - Scheduled Public Hearings
(1) Presentation of issues by City staff..
(2) S,tatement of case by applicant or
represe'ntative (5 minutes).
(3) Commission questions.
(4) Comments in support and in opposition,
whether as an individual or as a
spokesperson for a group (3 minutesl.
(:~/ 2/17/94
. (5) . Commission questions.
(6) Final rebuttal by applicant or representative
(5 minutes).
(7) Commission m'otion to determine
disposition
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PUBLIC HEARINGS
9.
Public Hearing & First Reading Ords. 8,
#5538-94, #553!i)M94 & #5540-94 -
Annexation, Land Use Plan Amendment to
Residential Low and RS-6 Zoning for
property located at 407 Dora Dr., Rolling
Heights Sub., Lot 16, 0.21 acres m.o.1.
(Callaghan, A93-28, LUP93-40HCP)
Alcoholic Beverage Separation Distance 9,
Variances for property (Sukhothal
Restaurant) located at 2569 Countryside
Blvd., Suite #3, Countryside Village Square,
Lot 5 and Lots 7 & 8 less road r-o-w (HRE
Properties, AB94-03)(CP)
Alcoholic Beverage Separation Distance '10,
Variance for property (First National Barl
located at 601 Cleveland S1., Gould and
Ewings 2nd Addition, Blk 1 3, Lots .1-4 and
vacated alley. and unsubdivided land to east
(Atrium at Clearwater Ltd, AB94-04)(CP)
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Approved. Ords. #5538-94, #5539-94 &
#5540-94 passed 1 st reading.
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10.
Approved variance of 200' to perr:nit a new
2~COP,license to be located 0' from a
similarly licensed establ,ishment and a
variance of 1 60' to permit a new 2-COP
license to be located 140' from a .
residential zone. .
Approved variance of 141.3' to permit
alcoholic beverage sales 58,7' from a
similarly licensed establishment.
Public Hearing ~ Second Reading Ordinances
'(';11. (Cont. from 2/3/94) Ord. #5512-94 - 11. Ord. #5512~94 adopted.
Amending Sec. 42.34 to prohibit parking,
displaying or storing of motor vehicles on
grass or unpaved areas zoned for multiple
family or nonresidential use. unless
.. approved as a grass parking lot (LDCA 93-
19)
12. 'Ord. #5518-94 - Relating to recreation land '12. Ord, #5518-94 adopted.
and facilities impact fee; amending Sec.
54.22 to provide for exemption of ;
residential development with fewer tha~ 8
, dwelling units
13. Ord. #551 ~-94 - Relating to solid waste 13. Ord. #5519~94 adopted.
collection services; amending Sec. 32.373
to provide, service for properties being
annexed by city
14. Ord. #5521-94,- Relating to land 14. Ord. #5521-94 adopted.
development code; amending See, 44,51,
to provide for increased area for attached
signs in residential areas
15. 'Ord. #5543-94 - Relating to public nudity; 15. Ord. #5543-94 adopted as amended.
creating Sec. 21.13 to prohibit public
nudity
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r 16: - Special Items of wides,pread public interest - NONE.
17. , Citizens to be heard re items not on the Agenda
Phil Thomas stated his business "Downtown Cafe" has improved since park,ing was placed on
Cleveland Street.
John Doran requested a resolution supporting a bill re no mandates without funding. Consensus to
send letter supporting.
Jav Keves suggested TV monitors be placed in the Chambers for the audience to better view the
proceedings. , ,
Lauria Diane Kava asked if the Pioneer Bank Building had been considered for City Hall. The Mayor
reported it had but it was too small. .
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-21) ~ Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually. ,
18, Receipt/Referral - LDCA re variance
standards (LDCA94-0 1 HCP)
19. Preliminary Site Plan for Glen Oaks (f1k/a
Bruce Manor)'Nursing Home located at
f'X\~ ' 1100 Pine Street (Health Prime, PSP94-
,-", 01 Hep) .. " '
20. Preliminary Site Plan for Dr. Lansky's
Medical Office located on west side of
Missouri Ave.: between Gould 5t, and
Brown,ell St". (Lansky, PSP94-03)(CP)
21 . Preliminary Site Plan for Holy Trinity
Episcopal Church located, at 3200 McMullen
Booth Rd. (Diaz, PSP94-02HCPl
OTHER ITEMS ON CITY MANAGER REPORT
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22. a) ,Approved pursuing Aliens Creek
Experimental Water Quality Treatment
Demonstration project and bridge
replacement, Aliens Creek Maple Swamp
Restoration Project and Edgewater Drive
Habitat Restoration and Water Quality .
Improvement projects: DelOra Stormwater
Treatment Facility and Phase I project to be
brought back after meeting with
neighborhood, Approved feasibility study
of downtown lake.
22. Other Pending Matters
a) Environmental Management Group's Five
Year Capital Improvement Projects Work
Plan (PW)
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b) Agreement with SWFWMD, Plnellas
. County and Cities of Largo, Safety Harbor
. and Belleair for development &
Implement~tion of comprehensive
watershed management plans for
, watersheds in the mid-Pinellas area (PW)
cl Agreement with SWFWMD, Pinellas
County and City of Safety Harbor for
development of a Comprehensive
Watershed Management Plan for Alligator
Cree~ Watershed (PW)
d) Interlocal Agreements and Franchise
. 'Ordinances for Pasco Expansion (GAS)
e) Contract for development & production
of recycling introduction and promotional
materials for city-wide residential, multi-
family & c'ommercial programs to Pearson,
Thomas/LKW, Inc., Tampa, FL, at a cost
not to exceed $41,216 (PW)
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b) Approved study with the County of.
Clearwater Beach Island, Coastal Zone 2,
Coastal Zone 3 and Stevenson Creek
watersheds.
c) Approved.
d) Continued.
e) Continued.
CITY A'""i1\:5RNEYREPORTS
: 23.
First Reading Ordinances
a) Ord. #5541-94 ~ Relating to recreation
.and 'open space' land dedication; amonding
Sections 54.23 & 54.53 to provide that the
Commission shall decide whe~her to require
the conveyance of land, payment of. cash,
or a combination thereof, to satisfy the
Recreation land Impact Fee and Open
Space Impact Fee requirements
b) Ord. #5542.94 - Relating to vehicular
traffic; creating Article VI, consisting of
Sections 30.171 ~30.177; restricting the
practice of "cruising" or unnecessary
repetitive driving on certain streets
Other City Attorney Items
al Ice House Agreement
b) Request for authorization to retain
outside counsel re Abdullaj and Turner
.cases
c) Res. #94-20 - requesting Florida
legislature to examine law of eminent
domain & relieve state and local
. government agencies (rom unnecessarily
burdensome costs of providing necessary
transportation facilities
24.
, l., 2/17/94
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al Ord. #5541 ~94 passed 1 ~t reading. ,
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b) Ord. #5542-94 passed 15t reading.
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24.
a) Approved.
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bl Authorized retaining Lyndi Gordon.
cl Res, #94~20 adopted,
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City MC;lnager Verbal Reports ,
a) changing SASO directional signs at
Highland Avenue,
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'26.
Commission Discussion Items
a) Selhors't economic deveto"pment plan
b) Beach Dev~lopment, Sigrs for Accessory
Uses -' Shuford memo
c) Elysium Play Street designation
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;( . 27. Other Commission Action
28. Adjournment
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CITY COMMISSION MEETING
February 17, 1994,
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The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, Fe~ruary 17, 199'4 at 6:00 p.m., with the following members present:
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Rita Garvey
. Arthur X, Deegan, II
Richard Fitzgerald
Sue A. Berfield
Fred A. Thomas
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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Also present:
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Elizabeth M. Deptula
M.A, Galbraith, Jr.
. Peter J. Ya.uch.
Scott Shuford
Cynthia E. Goudeau
Interim City Manager
City Attorney
Acting Public Works Director
Central Permitting Director
~ity Clerk
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The Mayor called the meeting to order and led the Pledge of AlleQiance. The
invocation was offered by Pastor David Smith of Faith United Church of ChrisL ,
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
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ITEM #3 - Service Awards
. Phil Janocha, Public Works Department; Thelma McCann, Parks and Recreation
Department; and Robert Craft, Marine Department, were presented with retirement gifts.
ITEM #4 - Introductions and Awards
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The Mayor's Award in recognition of citizens' volunteerservice in City programs
was presented to Charles and Winifred Oliver.
The City Commission Award in recognition of city employees' volunteer service to
the community presented to Larry and Linda Hamrell.
The Mayor thanked and' congratulated all City volunteers.
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ITEM #5 - Presentations - None.
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I"(EM #6 - AODroval of Minutes
Commissioner Berfield pointed out on page 11/ a motion she withdrew was not .
included and on page 43, first paragraph, the word "six" at the beginning of the third line
should be deleted and the first word on the fourth line 'tconsideration" should be deleted.
Commissioner Fitzgerald stated, on page 35, fifth paragraph, fourth sentence,
"City" should be "Commissionl1. '
Commissioner Fitzgerald moved to approve the minutes of t~e regular meeting of
December 16, 1993, as corrected. The motion was duly seconded and carried
unanimously.
ITEM #7 ~ Citizens to be heard re items not on the AQenda
Jim Thornton, on behalf on the Country Club Addition Subdivision, expressed
opposition to widening of Drew Street. A petition was submitted,
, Jacob Ghuiia expressed concern regarding having to pay full alcoholic beverage
variance fees when selling sacramental wine.
Cheryl Gater spoke in opposition to locating the Homeless Shelter across 'from her
residence at 706 Osceola Avenue.
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. Beth Schramek ex'pressed concerns regarding the sign code, stating that small
businesses are being hurt. She stated the code is confusing and many people in Central
Permitting do not understand the c,?de.
Daniel Cockerham spoke in opposition to the Homeless Shelter being located behind
his business, Clearwater Florist.
PUBLIC HEARINGS
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, ITEM #8 ~ Public Hearing & First Readino Ords. #5538-94, #5539-94 & #5540-94 -
Annexation, Land Use Plan Amendment to Residential Low and RS-6 Zoning for property
located at 407 Dora Dr., Rolling Heights Sub., Lot 16, 0.21 acres m.o.1. (Callaghan, A93~
28, LUP93-40HCPJ
The subject property is located on the east side of Dora Drive, approximately 2,550
feet east of Belcher Road and 870 feet north of Drew Stre~t, where Lorena Lane intersects
Dora Drive. The applicants wish to annex to obtain City sewer service. The Countryside
Future Land Use Plan category tor the applicants' property is Residential Low. The lots in
Rolling Heig'hts which are in the City are assigned RS~6 zoning. It is proposed to assign
the applicants' property the same future land use category as on the. Countywide Plan,
Residential Low, and RS-6 zoning. '
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01) February 1, 1994, the Planning and Zoning Board endorsed this request.
Commissioner Fitzgerald moved to approve annexation, a land use p.lan amendment
to Residential Low and RS.6 zoning for the subject property. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5538p94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5538-94 on first reading.
The motion was duly seconded and upon roll call. the vote was:
"Ayes": FitzgerClld. Berfield. Deegan. Thomas and Garvey.
,"Nays": None.
The City Attorney presented Ordinance #5539-94 for first reading and read it by
title ,only. Commissioner Fitzgerald moved to pass,Qrdinance 115539~94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitigerald, Berfield., Deegan. Thomas and Garvey.
"Nays": None,
The City Attorney presented Ordinance #5540-94 for first reading and read it by
title only. 'Commissioner Deegan moved to pass Ordinance 115540-94 on first reading.
(., . The motion was duly seconded and upon roll call. the vote was~
'~Ayeslt: Fitzgerald, Berfield. Deegan. Thomas and Garvey.
"Nays": None.
ITEM #9 - Alcoholic BeveraQe SeQaration Distance Variances for OTOnertv (Sukhothai
'Restaurant) located at 2569 Countryside Blvd., Suite #3. Countryside Village Square, Lot
5 and Lots 7 & 8 less road r-opw (HRE Properties, AB94p03)(CP)
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This is a request for two variances: a vari~nce of 200 feet to permit a new 2wCOP
license to be located zero foet from a similar.ly licensed establishment. and a variance of
160 feet to permit'a new 2-COP license to be located 140 feet from a residential zone.
The proposed restaurant is located at. the Countryside Village Square Shopping Center.
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The applicant proposes to open a Thai family restaurant to be named "Sukhothai
Restaurant" and would like to serve beer and/or wine to compliment the menu. The
proposed restaurant will occupy 3,707 square feet at the existing Countryside Village"
Square shopping center. The applicant proposes to provide a capacity of 1 00 seats
(determined by the City Fire Marshal), with hours of operation from 11 :00 a.m, to 11 :00
p.m. daily_ No additional parking facilities are needed, as the shopping center contains
enough parking, for the entire center,. The applicant does not propose to provide
entertainment at the restaurant.
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Under the proposed changes to the alcoholic beverage regulations currently under
consideration by the Commission, this use would be a permitted use. The gross floor area
devoted to alcoholic beverage sales within the shopping center, including the Albertson;s
Food Store, is approximately seven percent of the total gross floor area.
On February 1, 1994, the Planning and Zoning Board approved the conditional use
permit for the 2-COP alcoholic beverage license with the following conditions: 1) the'
applicant shall obtain the necessary alcoholic beverage separation variances, from the
Commission; 2) the sale of alcoholic beverages shall be limited to consumption on
premises with no package sales; 3) the applicant shall obtain the necessary occupational' ,
license within six months of the date of this public hearing; 4) the applicant shall obtain.
the requisite building permit within six months of the date of this public hearing; and 5)
there shall be no outdoor speakers.
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There are six alcoholic beverage licenses/establishments within 300 feet of the
proposed use. Staff has determined there is not an overconcentration situation at this
location since the uses are primarily package sales uses accessory to a principle
. commercial operation, such as a grocery store or a gift shop.
In response to a question 'from Commissioner Berfield, it was indicated there ~ould
.be no outdoor seating.
Commissioner Thomas moved to approve a variance of 200 feet to ,allow a new 2-
COP license to be located zero feet from a similarly licensed establishment and a variance
of 160 feet to allow a new 2-COP license to be located 140 feet from a residential zone
for the subject property. The motion was duly se,conded and canied unanimously.
ITEM #10 - Alcoholic Beveraae Seoaration Distance Variance for propertv (First National
Bar) located at 601 Cleveland St., Gould and Ewings 2nd Addition, Blk 13. Lots 1-4 and
vacated alley and unsubdivided land to east (Atrium at Clearwater Ltd; AB94-04)(CP)
This is a re'quest to permit the sale of alcoholic beverages (liquor/beer/wine - 4-
COP) for on-premise consumption to be 10,cated 58,7 feet from a similarly licensed
establishment. The request emanates from a change in business ownership and the desire
of the applicant to expand the existing establishment (known as "The First National Baril)
to include kitchen facilities. The applicant proposes to expand the existing 1,300 square
, feet drinking establishment into a 2,755 square feet restaurant/bar operation, with piano
l1luSic; jazz acts; and'other musical entertainment. The expansion includes an increase in
: indoor seating from 63 to 93 seats. The applicant al~o proposes to include 25 outdoor
seats, for a total of 118 seats. The proposed hours of operation are 10:00 a.m. to 1 :00
a.m. On-street and off-street public metered parking and the Park Street Parking Garage
facility are available to accommodate required parking. The establishment has been in
business in the same location as a tavern establishment since 1987,
Under the proposed changes to the alcoholic beverage regulations currently under
consideration by the Commission; this use would be a conditional use, as it does not
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appear to maet the definition of a Itrestauranf' use due to lounge and entertainment areas
. exceeding 15 percent of the gross floor area. '
On February 1, 199,4, the Planning and Zoning Board approved this request subject
to the following conditions: 1) the applicant shall receive approval of an alcoholic
beverage'distance separation variance; 2) the applicant shall obtain the requisite building
permit within ,one year from the date of this public hearing; 3) the applicant shall obtain an
occupational license within one year from the date of this public hearing; 4) alcoholic
beverage sales shall be restricted to consumption on premises with no package sales; 5)
proposed entertainment shall be located indoors; 6) outdoor seating shall be limited to the
requested capacity of 25 seats; and 7) the applicant shall pass the requisite police
background check prior to the issuance of an occupational license or building permit.
Harry Cline, attorney representing the applicant, stated they are doubling the size of
the facility, will have a full size bar and will be the exclusive food service for the bUilding.
He indicated all entertainment will be inside the facility.
Commissioner Fitzgerald questioned the location of the outdoor seating. Attorney
Cline indicated it would be in the recess on the Cleveland Street side.
Commissioner Fitzgerald moved to approve' a variance of 141,3 feet to allow
alcoholic beverage sales 58.7 feet from a similarly licensed establishment for the subject
property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5512-94 for second reading and read it by
title only. Commissioner Thomas moved to pass and udopt Ordinance #5512694 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey,
ItNaysU: None.
ITEM #12 - Ord. #5518-94 - Relating to recreation land and facilities impact fee; amending
Sec. 54.22 to provide for exemption of residential development with f.ewer th'!n 8 dwelling
units
The City Attorney presented Ordinance #5518-94 for second reading and read it by
title only. Commissioner Deegan moved to pass and adopt Ordinance #5518~94 on
second and final reading. The motion was dul'l seconded and upon roll call, the vote was:
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"Ayes"; Fitzgerald. Berfield. Deagan. Thomas and Garvey.
IINays": None.
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ITEM #13 - Ord. #5519-94 - Relating to solid waste collection services; amending Sec.
32.373 to provide service for properties being annexed by city
The City Attorney presented Ordinance #5519-94 for second reading and read it by
title only, Commissioner Fitzgerald moved to pass and adopt Ordinance #5519-94 on
second and tinal reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #14 - Ord. #5521-94 - Relating to land development code; amending Sec. 44,51, to
proyide' for increased area for attached signs in residential areas
The City, Attorney presented Ordinance #5521-94 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5521 ~94 on .
second and final reading. The motion was duly seconded and upon roll call, tl)e vote was:
"Ayes": Fitzgerald, Berfield, Deegan. Thomas .and Garvey.
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t'Nays": None.
ITEM #15 - Ord. #5543-94 - Relating to public nudity; creating See, 21.13 to prohibit
public nudity.
The City Attorney presented Ordinance #5543-94 for second reading and read it by
title .only;
Rob Surette, Assistant City Attorney indicated a proposed amendment had been
faxed to the Commission. This amendment would exclude persons appearing nude for
legitimate instructional purposes from being considered in violation of this ordinance. He
also reported the State .Iegislature is considering a bill that would prohibit public nudity ,
statewide. He reviewed two portions of the ordinance regarding exemptions stating that
not all public nudity would be unlawful and he gave an example of a stage play where the
nudity is incidental. He also stated that nudity is protected by the first amendment 'only
when it is, combined with expressive conduct.
. Commissioner Fitzgerald raised a question regarding whether the City's ordinance is
redefining nudity beyond what has been tested in court.' Mr; Surette responded that we
are "pushing the envelope." '
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Mr. Surette noted the effective date of the State bill, should it become law, will be
'July 1, 1994. He stated the Commission could make the City's ordinance effective the
sa~e date in order to dove tail with the state statute. He indicated that a violation of the
state statute would be a first degree misdemeanor, punishable by up to one year in jail and
a $1,000 fine.
Mayor Garvey noted it would be easier to enforce the law if it had statewide
app,lication.
Commissioner Fitzgerald questioned the penalty for violation of the City ordinance.
Mr. Surette responded it would be up to 60 days in jail and a $500 fine,
. Ralph Lusher spoke in support of the ordinance citing examples of. what he
considered to be offensive behaviors. He stated people should not be subjected to these
behaviors in public. .
Si.d Tolson spoke in opposition stating he comes down for the winter, with children
and grandchildren, ,and they have no objection to the T~back bathing suits on the beach,
He questioned whether or not the ban' would include the postcards with T-backs.
Bruce McCoy spoke in support stating these laws are passed by the Commission
who are. empowered by the people, He stated it is time to realize right and wrong and to
clean up the City.
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Keith Estess spoke in support stating the T-back wearers do not have the right to
infringe on others' rights.
Kim Booher stated a 1991 Supreme Court Ruling found public nudity to be unlawful
and included exposure of the buttocks, She did not believe tourism would be affected.
She stated no one is asking to regulate how one, dresses in. public but how they undress,
She stated the St. John's County ordinance has been challenged and upheld three times.
Jean Kupstas stated T-backs are not inappropriate on the beach. She noted this
type of apparel is not prohibited in Europe.
, Mike Frangedis stated he agreed T-backs should not be allowed on the streets or
mainland but there is no problem with them on the beach. He stated there is a difference
between nudity and skimpy fashion bathing suits. He stated cleaning up dirty night clubs
does not relate to attire on the beach, He stated this will be restricting european tourists
as they are accustomed to wearing this attire.
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Addie Anderson spoke in support, stating that Clearwater can be a shining light of
. morality. She did not feel it was important that money or tourists may be lost. She
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indicated her trips to the beach were rostricted due to the T-backs being allowed there.
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. Pastor Panico, associate pastor of Countryside Christian Center, stated he was
appalled at the direction the City was going and that the out cropping of dance clubs is not
what ciearwater is about. He stated it is the difference between right and wrong and the
City needs to make a stand for what is right, He stated if the case goes to court, the
citizens will stand behind the Commission.
Susie Conrad, also of the Countryside Christian Center, stated she is now afraid to
take her family to the beach and asked the ordinance be passed.
Steven Tolliver stated it was not the job of government to regulate what people
wear and he found it offensive that they were trying to regulate attire. He stated if the
ordinance is passed, he will no longer come to Clearwater Beach.
Jim Harrington urged to the Commission to cease the course they were pursuing,
He felt this was an inappropriate action. He recommended initiating a referendum to let
the voters of Clearwater decide if they felt this an appropriate ordinance. He 'stated if the
ordinance is passed, there is a, possibility of a referendum effort to oppose the ordinance,
Pam Olson thanked the City for drafting the ordinance. She submitted a petition
with approximately 844 signatures in support of the ordinance. She stated Pinellas
County is becoming the pornography capital of the south. She stated if the trend is turned ,
around, the State will becom,e known as a family friendly one and there will be more
tourists.
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David Charles Smith expressed concerns regarding a letter sent to members of the
clergy by Commissioner Thomas. He stated as the President of the North Pinellas
Ministerial Association, he objected to the tone of the letter. He stateq he did not feel'that
the fabric of the community was unraveling and he had little or no interest in this
ordinance. He stated he found the letter to be insulting. demeaning and rude and felt.
Commissioner Thomas owed them an apology.' Commissioner Thomas stated it was the
responsibility of the clergy to stand up for morality,
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Michael Overman stated he was opposed to the ordinance, He stated 40% of the
, tourism in the area is from europe and this will be an economic issue, not a moral is~ue, '
He suggested the ordinance be delayed waiting for the State legislation and stated it will
be tested in court.
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, Valerie Warner stated the younger portion of Clearwater has been misrepresented.
She stated she works full time and g'oes to school and she is concerned about the
com'!lunity. She expressed concern that the ordinance is unfair.
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Christine Roberson spol<e in support stating she believes the Commission is
representing the majority of the people.
Diane Higgins thanked the Commission for the ban stating she was a kindergarten
teacher and she wanted to be comfortable taking the children to the beach.
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Jennifer Hestley-Rosa stated she works on the beach 'and that American
exploitation of the human body has gotten out. of hand. She stated in Europe, the human'
body is a natural thing. She stated a G-string is not appropriate but a T -ba ck is not. the
same thing. She indicated the europeans wear tight. skimpy bathing suits: '
Gordon Maulden stated the City needs to legislate for our grandchildren and that if
nudity is not banned. there will be problems with children. He reported Ted Bundy got his
start with pornography.
Phil Roberson spoke in s.upport, stating he had been going to Clearwater Beach
since he was little boy, however, he no longer goes as it is not what he cares for.
, Phil Thomas stated his business depends on people, He felt Clearwater had a
reputation for having good values and if family values and standards were supported, more
pe'ople would come to Clearwater. He felt T-backs and nudity would keep them away. He
supported the ordinance.
Vince C.osenza stated he moved from New York approximately two years ago and
in New York they have nude beaches. He did not feel the ordinance was needed and
spoke in opposition to its passage. ' ,
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. John Moll stated the bathing suit that would be required to be worn, according to
the definition on pClge 3, is not available on the retail market. He also referred to the
exemption portion and stated that in the State vs. Maguire, the Florida Supreme Court
found nudity to be protected as speech. He quest'ioned whet he would need to do in order
to quality for an exemption from the ordinance. '
Dr, John Beasley spoke in support stating it would be a vote for public safety,
Burt Shaw stated the exercise of free will requires choices be made and when
government regulates the choices, they create convicts. He stated the ACLU would be
happy to represent him and others in taking this ordinance to court.
Jean Montana spoke in opposition, stating she has been in business for 18 years
selling T-backs and she has no problem with them, She stated she is 62 years old and
takes her grandchildren to the tradeshows to pick out the suits.
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Joan Herbert stated her profession is skin care. This year OSHA has warned that
due to the lifestyles of T-back wearers, performing waxing and other skin, care procedures
could be hazardous to the skin care professionals. She stated they are now advised to
wear gloves in order to protect them from disease. She stated she used to work on the
beach and noticed a decline in behavior. She stated the public is being penalized because
of the actions of others Clnd it is ti me to clean up the City.
Tony Villella stated he lives and works in Clearwater. He stated 50% of the
tourists ,that come in through St. Petersburg/Clearwater Airport are from Canada and
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stated that in,talking to these people, they find our laws ridiculous. He stated this
ordimince should be put to a public vot~.
. 'Kathy Thompson stated she is the mother of four. She, stated T-backs are just like
a G-string: She also referred to the State of New York as having a different lifestyle. She
was in support of the ordinance.
Jason Jacobson stated there are two issues to be considered: one, nudity for
business purposes and the other, T-backs on the beach. He.stated they are separate
issues. He questioned why them could not be an area designated for T.backs, He
questioned the ability to get the word out to tourists and the police's ability to enforce the
ordinance. He stated nudity needed to be taken into context and whether it is done in a
lascivious manner or to enjoy the sun. '
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Mark Sting art stated he did not see this as an issue of rights or morals but rather an
issue of power. He felt the ordinance should be placed before the voters in a referendum.
He stated the T-back hotdog vendors have already been outlawed,
Rita Peck, representing the Christian Coalition o'f Pinellas County, stated she had a
petition with approximately 300 signatures to bar. T~backs, She stated since there has
been a spiraling decay of the City, she does not'take her sons to the beach. She felt the
majority of the people woulc;J agree with the Commission regarding the ordinance and
stated a referen9um should be held.
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c Andrew White stated he is from europe, where many families go to the beach
topless. He stated Europe has the lowest sex crimes in the world. He felt passflge of the
ordinance will diminish tourists coming to Clearwater and millions of dollars would be lost,
He also questioned who would be enforcing the law.
Wayne Shaw stated he infrequently visits the bead,. He stated his children would'
not move to this area due to the hotdog vendors on the streets. He stated if the ordinance
, is not passed, it will violate his rights.
Debbie Rice stated she supported the ordinance. She stated pornography is linked
to the deterioration of families and marriages. She has lived in Germany and the Caribbean
where there is high immorality and high crime rates.
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Tracy Lee stated she is an ex-dancer and that exposure to nudity does lead to crime
and abuse. She 'stated the economy is suffering because the restaurant and bar business
is changing from a family orientation to a red light district. She urged the Commission to
pass the ordinance.
Debbie Thompson stated that children are smart enough to know right from wrong.
She stated pornography is affecting marriage. She stated that Florida. California and New
York are becor:ning the AIDS capitals' of the country.
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Jennifer Nightingale, a Clearwater Christian College student, stated she has
circulated a petition on campus the past two days and received. no negative responses
regarding the ordinance. She stated many students are registered voters. They use the
beach and do not n~ed to be subjected to nudity.
Pauline Orr supported the ban on T-backs stating societi is becoming immoral and
decadent. She stated she is an intern teaching at Dunedin Middle School and nudity does
affect children. She did not believe tourism would suffer.
Richard Paleveda suggested that rather than banning T-backs. a private area be
found where they would be allowed. He stated it would be better to ban TV than T-backs,
Jim Tracy stated tourism is the number,one industry in Florida and allowing T-backs
is part of tourism. He stated he has three boys. ages 8, 9 and 1 0, and he is. not
concerned regarding them seeing pAople in T.backs, He stated many hotels on the beach
'are for sale.
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Jim Stout stated'he did not consider T-backs to be nudity. He stated there w~re
three issues to be addressed, the hotdog vendors, the sexually oriented businesses and T-
backs on the beach. He felt T-backs should be permitted on the beach but not In .
restaurants and shops, He felt allowing T-bat;);ks only on the beach would encourage
tourists.
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Jay Carpenter stated the main impetuous of the ordinance is to rid the community ;
of adult. use establishments and the adverse secondary effects. He stated these have been
shown to decrease property values. He stated he collected approximately 350 signatures
in support ,of the ordinance'. .
Michelle Suarez stated she is not comfortable with T-backs and is concerned for
'young children.
Mary Schmidt supported the ban on T-backs.
Luke Lirat with the American Civil Liberties Union and the Lawyers Association
Political Action Committee stated they would work for the preservation of fundamental
rights. He stated this issue is polarizing the community and the nexus to support the
ordinance does not exist. He stated a T-back does not make one immoral. He suggested
a compromise that would alia w T -backs on one' section of the beach with appropriate
warnings 'to those .entering that area. He stated public resources are being wasted: .
Jay Gibson questioned the 'Commission's right to tell the public what to wear: He
recommended the ordinance go to a vote at referendum..
Hal Jacobs stated that adopting the ordinance would not adversely affect business
as Clearwater will be seen as a community that attracts families. He stated the .
Commission has the right to instill morals in the community and the public does not have
to be subjecte'd to nudity and semi-nudity in public places, I
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Larry Maloy stated T-backs are less than 5% of his sales. He stated there are not
that many on the beach but he could support the ban in adult establishments,
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Ralph Inglert stated he supported the ban on T-backs. He stated he has two young
children and does not like to go to Clearwater Beach. He stated the ordinance was a good
place to start in re,newing family values.
Jay Keyes supported the Commission in adopting the ordinance and indicated the
Commission will make a difference in the community,
Barbara Seal and stated her business is to provide meeting locations. She stated T-
back hotdog vendors on the street are embarrassing and it is not the image that should be
projected, . Typically conference attendees bring their families with them. After a
conference on the beach, some attendees said they would not return due to,the nudity on
the beach,
John Pimenidis spoke stating this issue has nothing to do with morals or crime. He
stated problems begin with ~amilies and that is where sofving the problem needs to start.
Reverend Bill Anderson stated it was good of the Commission to look out for the
citizens and their morals. He stated it was a good ordinance. He stated no sociologist is
going to say the American family is in good shape. He stated this would be a positive '
building block.
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Laurie Dian'e Kaye stated it was time to ban T-backs. She stated a society is being
raised that does not know right from wrong. She stated it is time to get back to a family
oriented community,
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Rob Surette clarified that what has been upheld by the Supreme Court is that
nudity is protected only when combined with expression,
Mayor Garvey thanked Mr. Surette for his work on the ordinance and thanked the
public for attending the meeting. She stated she believed there needed to be a respect for
, others' right to privacy. She stated if people come.to Clearwater, they need to enjoy our
standards. She stated tllere is personal freedom but also personal responsibility. She
believed there are adverse secondary affects and that this is the minimal needed to
address'those concerns. .
Commissioner Fitzgerald questioned if the penalty was the same for someone
wearing a T-back on the beach and someone involved in an exotic night club, Mr. Surette
indicated it did.
Commissioner Barfield indicated this ordinance was not trying' to take away
individual rights. She stated this is not a question of freedom of speech but banning T-
backs from public areas. 'She agreed that people coming to Clearwater would need to '
. respect our laws. She did not believe passage of the ordinance would be a terrible thing
for tourism. She stated she would support the ordinance.
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Commissioner Deegan felt strongly it was his right and responsibility to vote his
personal values. He stated there are three r's: Rights, Responsibility and Respect. He
stated an individual can do what they want in private and he whole heartily supported the
ordinance.
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Commissioner Thomas likened moral decay in the community to a rabid dog and
stated the T-backs were the tip of the tail of that dog and the fangs were the secondary
effects. He stated this is but one piece of the puzzle in cleaning up the City. He stated he
would support this and any other ordinance to clean up the problems.
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Commissioner Fitzgerald stated he was in the minority. He supported applying this
to adult Lise establishments but the ordinance is much broader and includes nearly
everything. He stated tonight he is bothered by part of the Commission chipping away at
the public's 'freedom.' He stated government; if unfettered, will try to control people's
lives. He was concerned that to violate the ordinance by wearing a T-back on the beach
resulted in confinement or a fine, the same as a nude dancer, He sta~ed the City is
creating a crime. He felt City resources should be spent on other things. He felt a
decision on this ordinance should be delayed until the challenge to the St. John's
ordinance has been resolved. .' .
The City Attorney again presented Ordinance #5543-94 for second reading and
read it by title only.
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Commissioner Deegan moved to amend Ordinance #5543-94 in subsection 3 of
section 21.13 to add a new paragraph "d" to read as follows: d) When a .person appears
nude for a legitimate instructional purposes for authorized courses at community colleges,
state universities or other public or private institutions of higher learning. The motion was
duly seconded, Upon the vote being taken; Commissioners Berfield, Deegan, Thomas and
Mayor Garvey voted" Aye", Commissioner Fitzgerald voted "Nay", Motion carried.
Commissioner Deegan moved to amend Ordinance 115543-94 in the last line to
make the effective date July 1, 1994. The motion was duly seconded,
Commissioner Thomas spoke in opposition to the amendment and Mayor Garvey
stated she would urge caution against counting on passage of the State law to take affect
July 1. .
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Commissioner Deegan indicated that the motion would allow for advance notice
and to complete plans for how to enforce the ordinance. .
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. Commissioner Thomas stated a July 1 date was not necessary for that.
Upon the vote being taken; Commissioners Deegan and Fitzgerald voted" Aye",
. Commissioners Befield and Thomas and Mayor Garvey voted "Nay". Motion failed.
Commissioner Thomas moved to amend Ordinance #5543-94 to make the effective
date 60 days from adoption. The motion was duly seconded and carried unanimously.
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Commissioner B~rfield moved to' pass and adopt Ordinance #5543-94' as amended'
on second and final reading. The motion was duly.seconded and UPOD roll call, the vote
'was:
'.'Ayes": Berfield, Deegan, Thomas and Garvey.
"Nays~l: 'Fitzgerald.
Motion carried.
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The meeting recessed from 9:53 p.rn, to 10:07 p.m.
ITEM #16 - Soecialltems of widesoreadoublic interest - None.
ITEM #17 - Citizens to be heard re items not on the AQendfl
Phil Thomas. owner of Downtowner Cafe, stated he has completed six months in
business on Cleveland Street and that the parking that was implemented three weeks ago
has increased business day to day. He requested the Commission continue to provide this
; parking and thanked them for their efforts. .
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John Doran spoke concerning House Bill 140 regarding unfunded mandates and
requested the Commission expedite a resolution to support thls. Mayor Garvey stated the
City had received this and were alr~ady on record in support. It was suggested a letter be
sent to re-emphasize the City's position. It the consensus a letter be prepared.
, Jay Keyes suggested TV monitors be set up through out the Chambers to facilitate
the audience's'viewing of the meeting.
laurie Diane Kaye questioned whether or not the Pioneer Federal building had been
considered as a location for a City Hall or City Hall Annex, The Mayor indicated it had
been reviewed and it was not large enough,
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18w21) - Approved as submitted,
ITEM #18 - Receiot/Referral - LDCA ra variance standards (LDCA94-01 }{CP}
ITEM 1/19 - Preliminarv'Site Plan for Glen Oaks Wk/a Bruce Manor) NursinQ Home located
at 1100 Pine Street(Health Prime, PSP94-,01 Hep)
ITEM #20 - Preliminarv Site Plan for Dr. lansky's Medical Office located on west side of
Missouri Ave., between Gould St. and Brownell St. (lansky, PSP94-03){CP) Authorize the
ORe to approve a final site plan subject to conditions marked Exhibit A to these minutes.
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ITEM #21 - Preliminarv Site Plan for Holv Trinitv EDiscoDal Church located at 3200
McMullen Booth Rd. (Diaz, PSP94-02)(CP] Authorize the DRe to approve a final site plan,
subject to conditions marked Exhibit B to these minutes.
Commissioner Thomas moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously. .
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 - Other Pendinq Matters
a] Environmental Management Group's Five Year Capital Improvement Projects Work Plan
{PW)
Since the creation of the Environmental Management Group in 1990, staff has'
developed a comprehensive program of study and projects that will enable Clearwater to
implement environmental measures during the next five years. The plan calls for funding'
from the Storm water Utility Fee and other identified sources, This management plan .
consists of studies and projects for the improvement of the urban environment and
. focuses on water quality and habitat restoration. The plan is anticipated to be updated
annually for Commission approval during the month of January,
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During November of each year, the Southwest Florida Water.Management District's
(SWFWMD) Pinellas-Anclote Riyer Basin Board funding process begins. The process
provides local governments tl18 opportunity to have worthy projects considered for funding
support. It includes the development of project criteria by Pinellas County and local
governments in November, and submittal of draft project proposals and project evaluations
in December. Ranked. projects are submitted to the SWFWMD in January for further
consideration and ranking. Ultimately, SWFWMD staff present the proposals to the
Pinellas-Anclote River Basin Board in March ami April. '
With the approval of this program, staff can systematically seek project approvals
and funding from State or Federal sources. Other elements of the program anticipate city
funding via the Stormwater Utility fees.
Three projects were submitted by Clearwater for Pinellas-Anclote funding this year.
These include: 1) Aliens Creek Experimental Water Ouality Treatment Demonstration
Project (Clearwater High School); 2) Delara Storm water Treatment Facility Project; and 3) .
Aliens Creek Maple Swamp Restoration Project. These three projects have an approximate
combined total cost of $1,555,000 for which the State would share 50% of the costs jf
the projects are determined consistent with State funding criteria and selected for funding
approval by the Pine"as~Anclote River Basin Board. Of a total of 27 draft proposals
.submitted by the County and other local governments totalling approximately $27 million,
the Clearwater Maple Swamp project received the highest rank. The AlIens Creek Water
Quality Demonstration Project was ranked within the top 10 projects. The Del Oro Project
has been ranked relatively low. '
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William Baker, Acting' Assistant City Manager, indicated three years ago, the City
implemented the stormwater utility. That utility generates $3.4 million a year and has
resulted in an increased level of service which includes ditch cleaning, street sweeping and
all drainage work and also provides for capital improvement project funding of $1.3 million
per year.' $.7 million of that CIP is for stormwater repair and replacement and the other
$.6 million is for water quality and habitat restoration.
He stated the reason the fee was implemented was because the federal government
was going to require the City to clean up stormwater. He reviewed three projects, which
staff has identified could begin tomorrow and be funded, at least in part, by the
storm water utility.
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The' first is the Arcturas/Druid Road/Allen's Creek project. Storm water is washing
away the sediment in 'the creek and depositing it in the area of the bridge where 'Allen's
Creek flows under Druid Road. He stated the project would call for the building of a new
storm water culvert, replacing the bridge and working in a treatment facility. The first part
of the stormwater would go through a diversion at the culvert into a pond. Plants in the
pond would provide a kidney type action that would clean the storm water runoff. At the
intersection of Arctllras and Gulf to Bay Boulevard, on School Board property, an
educational facility would be constructed and storm water from Allen's Creek would bf,l
. diverted into three different filtration systems which could be studied for how each cleans
the stormwater. He stated the School Board is excited about this project and students
would do the sampling and the readings. Clearwater's share for this project would be
$650,000; $500,000 from infrastructure tax and $150,000 from the storm water utility.
SWFWMD would fund the remaining $150,000, for a project total of $800,000,
Commissioner Berfield questioned whether or not there would be a building, Mr.
Baker indicated there would not,
Mayor Garvey questioned if the School Board had bought off on the project, Mr.
Baker indicated they had, however, they would want the City to vacate Arcturas Avenue
and they would add this property to the stadium and parking. The City would 0 wn
property along the creek.
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The second project to be considered is the Maple Swamp Restoration, which is 20
acres of land owned by the City and the County, He stated this would provide for a park
like treatment in the area and a diversion of stormwater runoff which would be cleansed
through natural actions. The total project would cost $1 million. The City's share would
be $417,500; all from the stormwater utility.
The third project is the Del Oro Stormwater Treatment Facility. This would again
be constructing a pond which would provide for kidney type cleansing by natural plant life.
This is the last place to clean the stormwater before it empties into the Bay, . He indicated
the streets in Del Oro are in bad shape and in order to receive permits to do repairs to the
storm drainage, this treatment facility would need to be constructed. He stated when this
project was brought forward in the past, the neighborhood objected and they probably will
still object. .
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Commissioner Fitzgerald indicated the president of the homeowners association has
contacted him and does have severe reservatiom:about the project,
Mr, Baker stated Clearwater's cost for this project would be $245,000, all from the
stormwater utility.
A fourth project is the Edgewater Drive Habitat Restoration Project which would be
the implementation of a low marsh and high marsh plants at a cost of $150,000, all from
the stormwater utility, This would provide for stormwater treatment and habitat
restoration along Edgewater Drive, '
, Mr. Baker then reviewed two extraordinary projects which staff has been'
considering., He indicated storm water has the least quality in the downtown area. A
preliminary plan has been developed which would provide a downtown lake. As detailed
plans have not been pursued, cost is not available. He stated some land would have to be
purchased. Once the lake is constructed, if the City owned property on the perimeter of .
the lake, it would have lake front property available for sale or development.
Commissioner Thomas pointed out on the proposal, the lake encompassed the
Bilgore site, which is now being considered as a possible site for City Hall. Mr. Baker
indicated the lake could be built without the Bilgore property.
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. The second extraordinary project concerns the Kapok Mobile Home Park. There are
serious flooding problems in that park as it naturally wants to be a wetlands. When
Alligator Creek floods, the mobile home park ~lso floods. Mr. Baker stated if the land was
oWl1ed by the City, the mobile homes' would be taken out and the property would be
allowed to return to the natural wetland state, This area is where the water would be
treated, right before it empties into the Bay and it is a perfect place for the wetlands.
He stated both of the extraordinary projects would cost in the $5 to $10 million
range.
Mr. Baker also stated' that there are two studies on which the Commission needs to
provide staff with direction and they are separate items on tonight's agenda.
The mid-Pinellas Storm water Plan would encompass several cities as well as the
County. SWFWMD had offered the City $1.3 million to kick-start its reclaimed water
effort. The City did not accept the funds for this purpose, but went back to SWFWMD
and did get a commitment that they would be offered as a half share of the mid-Pinellas
Stormwater Management Plan. Communities that were to have participated have not all
agreed to participate. If they had, Clearwater's share of the plan would have been
$700,000. As all have not agreed to" participate financially in the plan, Clearwater will
need to pay over $1.2 million in order to proceed with the pi an. ' .
Regarding the Alligator Creek Cooperative Agreement, all parties have agreed to
parti<;:ipate and the City's share will be $142,500 for the study phase,
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Mr. Baker restated that approval of the four stormwater Veatment projects, as
outlined preyiously; direction regarding the two extraordinary projects and approval of the
Alligator Creek and mid-Pinellas watershed management plans is being requested tonight.
He stated if all are approved, it will take $782,500 to fund these projec.ts in FY 93-94. .
The City would still be.in a healthy situation to do future stormwater management
projects. Approval tonight will not actually approve the funding. The individual contracts
will return to the Commission for specific approval.
Commissioner Fitzgerald expressed concerns regarding the Del Oro project and
requested that staff try to work out a compromise with the neighborhood.
Commissioner Deegan agreed the projects are what have been talked about'for
some time and will result in actually cleaned water. He agreed the Delara. neighborhood
n'eeded to be consulted regarding that project. He questioned if there were other
'''clinkers'', .Mr, Baker indicated the figures provided are only estimates and if it were found
the a'ctual project would cost more than had been estimated, staff would return to the
. Commission.
Commissioner Deegan questioned what would be involved in getting the permits,
Mr. Baker indicated SWFWMD is' already a partner in many of these plans.
Commissioner Deegan questioned what happened to the Edgewater Drive project
when it reached the Dunedin city limits, Mr. Baker indicated it would fold into itself.
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Commissioner Thomas questioned if the benefit to the total City outweighed the
neighborhood concerns regarding the Del Oro project, would the Commission move
forward.
Mayor Garvey suggested the other three projects be pursued and staff come back
regarding DelOra once input has been obtained,
Mr. Baker felt if staff could properly explain the situation to the Del Oro
neighborhood, they would approve of the project,
Anne Garris, representing the Environmental Advisory Committee (EAC)' reported on
the Committee's recommendations from the last meeting. She stated the ~AC
recommended the Commission do whatever necessary to not lose the SWFWMD funding,
She also urged the Commission to appropriate the funds needed for the Alligator Creek
project. She stated the EAC endorsed the five year plan giving special priority to Maple
Swamp and Allen's Creek, then the remainder of the five year plan and the downtown
lake. She also wished to advise the Commission that the EAC believed the restoration of
Cooper's Point should be done as rapidly as possible. The EAC also recommends that 'in
projects required to meet ADA requirements, that paving be kept to a minimum.
Commissioner Thomas moved to adopt staff's recommendation regarding the four
stormwater improvements projects with the Delara project coming back to the
Commission after neighborhood input had been obtained, The motion was duly seconded,
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Commissioner Deegan questioned when the City would be facing expenditures for
this proposal.
Commissioner .Thomas felt staff needed endorsement of the concept and then
study and come back with the cost benefit analysis and the schedule.
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Commissioner Deegan questioned whether or not the abandonment of Arcturas
Avenue, in connection with the Allenis Creek projecti would be brought before the
Commission. Mr. Baker indicated it would once more complete drawings are available.
The Mayor also requested a traffic study be done.
Upon the vote being taken, the motion carried unanimously.
',.
Mr. Baker questioned endorsement or direction reg arding the extraordinary projects.
Commissioner Thomas felt staff should move forward aggressively on the downtown lake
issue.
,Commissioner Deegan suggested there needed to be a feasibility study'and he
would approve of that. He also questioned the affect on the Public Works Department
goals if this is to be added to their work schedule. Mr. Baker indicated this could be'
handled.
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Commissioner Thomas moved for staff toga forward with a feasibility study of the
downtown. lake water treatment project. The motion was duly seconded and carried
unanimously.
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In regard to the Kapok Mobile Home Park, it was felt this would be secondary to
the downtown lake project,
Commissioner Deegan also pointed out that would be a part of the Alligator Creek
study.
b) Agreement with SWFWMD, Pinellas Couflty and Cities of Largo, Safety Harbor and
Belleair for development & implementation of comprehensive watershed management plans
for watersheds in the rnid-Pinellas area (PW)
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The City approved and funded a Stormwater Program early in FY-1991 (Ord.
115058-90). Funding for this program was. among other purposes. for the development
and implementation of a new storm water master plan. Concurrent with initiation of a new
stormwater program, the federal government also mandated an expanded NPDES
requirement to characterize and improve management of stormwater discharges, As a
result of this additional mandate, the two planning considerations, development of a
National Pollutant Discharge Elimination System (NPDES) permit and development of a new
stormwater master plan, were merged together. Additional justification was provided by
City Comprehensive Plan' requirements and by State Water Policy, to develop watershed
management plans in Clearwater to protect and enhance the quality of the receiving
waters. ,
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A corpprehensive watershed management plan concept was developed and by late
FY-1991, was presented to the Commission in the form of a recommendation to approve a
contract for consultant services. However, it was not approved by the Commission until
subsequently amended to only address NPDES requirements. The Commission's concerns
at that time were based upon the presumption that County enclaves would derive a benefit
from this program without financial commitment to water quality improvements, and that.
the contract cost was high. Staff was directed to seek additional funding and to develop
interlocal agreements.
As a 'result staff applied to the Pinellas~Anclote River Basin Board for cooperative
funding for the mid-Pinellas Comprehensive Watershed Management Plan and invited the
communities of Belleair, Dunedin, Safety Harbor, Larg'o. and Pinellas County to participate
in this planning effort. The Commission reviewed the status of the rnid-Pinellas
cooperative effort again in June, 1993, and provided direction to staff to continue to
pursue cooperative funding from the State. At the June, 1993 meeting, it was .described
that to facilitate planning discussions with the represented communities and Pinellas
County, the City had agreed to fund the entire local share of $1.3 million. While other
participating communities had expressed an interest in participating in the planning effort,
. few were prepared to offer financial support at that time. .The Commission directed staff
to continue to pursue State, funds and greater local commitment in the form of cooperative
funding from adjacent comm'unities,
To date, with the exception of the City of Dunedin, all surrounding communities
and Pinellas County have agreed to assist Clearwater to develop a comprehensive
watershed management plan. However, only Pinellas County is able to commit funds.
The plan, as proposed, continues to consider source controls and will establish project
prioritie's for funding within available resources. Since Dunedin is unwilling to participate,
even in the planning effort, both the Spring Branch of Stevenson's Creek which drains
water from Dunedin into Clearwater, and the Curlew Creek Basin which drains water from
Clearwater to Dunedin have been dropped from further watershed planning consideration,
at this time. Although Clearwater shares some natural drainage with Dunedin in Coastal
Basin No, 4, the basin is essentially developed with no known storm water connections and
therefore can be reasonably separated hydrologically for planning purposes. In addition,
the plan also excludes Aliens Creek and Alligator Creek which are being completed lmder
separate agreements, The Mid-Pinellas Plan will address water quality, quantity and
natural habitat issues,
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Total cost of the project is not anticipated to exceed $2.6 million, Local cost share
has not been fully determined; however, Clearwater's estimated financial share is expected
to be about '$1,125,150, This number has been calculated based upon contributory
drainage areas of the cities of Clearwater, Largo, Safety Harbor, Belleair, Selleair Bluffs,
and Oldsmar. ,Since Selleair Bluffs andOldsmar have insignificant contributory drainage to
.a 'creek, those communities have not been invited to participate. Only SWFWMD and
Pinellas County will participate in the funding. This project was presented to the
Commission in the Environmental Five Year Plan. Direction is required by the Commission
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at this time. The State has verbally informed the City of their need to have a letter of local
commitment for funding purposes and a scope of service for this project by the end of
February.
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Commissioner Thomas stated he did not like the idea of Clearwater funding 100%
of the cost and he greatly resented the surrounding municipalities not being willing to
contribute to, the plan.
Mayor Garvey questioned if there were some basins that would not impact other
communities. Tom Miller, Assistant Public Works Director/Environmental, stated there
were.
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The Mayor questioned if SWFWMD would allow us to, only address those basins.
Mr. Miller indicated he felt they would at least be willing to consider the option. He
indicated there were three basins in which the City and the County would share I
responsibilities .and the County has agreed to participate. He indicated those basins are
the Clearwater Beach Island, Coastal Zone 2 and Stevenson's Creek. He indicated that
Coastal Zone 3 was largely contained in Clearwater the County with only one acre being
. inside the City of Safety Harbor.
Commissioner Thomas moved to approve an agreement with Southwest Florida
Water Management District and Pinellas County for the development and implementation I
of a comprehensive watershed management plan for Clearwater Beach Island, Coastal
Zone 2 (drainage basin 20), Coastal Zone 3 (drainage basin 21) and Stevenson's Creek
(drainage basin 18) and that the appropriate officials be authorized to execute same. The
motion was duly seconded, .
. Commissioner Deegan requested that some of the funds be used for construction
and not all on planning. .
Upon the vote being taken, the motion carried unanimously,
c) Agreement with SWFWMD, Pinellas County and City of Safety Harbor for development
. of a Comprehensive Watershed Management Plan for Alligator Creek Watershed (PW)
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Alligator Creek drainage basin is located in east central Pinellas County. It is the
largest drainage basin in Clearwater, accounting for approximately 5,700 acres of
residential and commercial development. The City Comprehensive Plan requires the
development of the, watershed management plan for the Alligator Creek Basin.
During FY-1993, Pinellas County received support from SWFWMD to develop this
management plan. The City was invited to participate and to lead in the development of
the plan, by virtue of the extent of the drainage basin within Clearwater jurisdiction. '
Parties to the agreement, in addition to Clearwater, include SWFWMD, Pinellas County and
Saf~ty Harbor. .
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Project objectives include: 1) development of a watershed management pl~n to.
address surface water quality, quantity and natural habitat; 2) subject to approval of all
parties to the interlocal agreement the design and permitting of the top three prioritized
projects recommended by the plan; and 3) construction of one or more of the top three
prioritized projects.
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Total project budget shall not exceed $1,2 million. Plan costs' shall not exceed
$500,000. The remainder is to be applied to design. permitting and construction
activities. The management plan is to be completed within 24 months with another 36
months to complete implementation of projects. Clearwater's total financial share, subject
to future Commission action, shall not exceed $342,000 and has been presented to the
Commission in the Environmental Five Year Plan. Commission approval at this time does'
not commit city funds for development of the plan'. By this action, staff will 'develop the
project scope of service and accept proposals for consultant services that will be revie~ed
again by the Commission prior to final consultant selection and commitment of City.
, ,
Commissioner Thomas expressed concerns that the study would cost $250.000
and the implementation only $350,000. Mr. Baker indicated the $350,000 was just to get
. the construction started, the. total project would be $1.2 million.
Commissioner Thomas moved to approve an agreement with Southwest Florida
Water Management District, Pinellas County, and the Ci~y of Safety Harbor for the
development of a Comprehensive Watersh~d Management Plan for the Alligator Creek
Watershed. The motion was duly seconded.
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Terry Finch of the environmental division pointed out that $600,000 would come
from SWFWMD.
Commissioner Deegan pointed out that on page 7.of the agreement, it is provided
that if the total c,osts were exceeded, the parties to the agreement could get together to
address this.
Upon the vote being taken. the motion carried unanimously,
d) In,terloca! Agreements and Franchise Ordinances for Pasco County Gas Expansion' (GAS)
The proposed interlocal agreements and.franchise ordinances for the expansion of
the gas service into, Pasco County have been prepared by Jerry Figurski and have been
reviewed ~y City Attorney AI Galbraith as well as the City's bond counsel.
The Pasco County franchise differs from the city franchises in that the Pasco
County Administrator is requesting a 4,5% payment in lieu of taxes whereas w'e are
proposing a more standard 5 % franchise agreement for the Pasco cities,
, Language has also boen included in the proposed Pasco franchise assuring the City
of Clearwater's commitment to spend all of the net income from the natural gas sales
within Pasco 'County for the next 7 years on capital expansion in Pasco County. .
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The. Ga's Division's strategic plan actually projects that capital expenditures in Pasco
will cover the Gas Division's net income for at least the next 10 years.
The Commission is being requested to approve th~ proposed agreement~ to allow
negotiations to be finalized. The final agreements. would be brought back to the
Commission for their final approval.
Commissioner Berfield requested this item be continued as she did not receive it
until Tuesday night and has not had a chance to read it thoroughly,.
Commissioner Fitzgerald requested an explanation of the difference between the
County and the City agreements. Chuck Warrington, Gas Division Manager, stated the
,County is asking for payment in lieu of taxes rather than just a franchise fee, He further
indicated that this 4.5% payment would be out of the gas revenues and would lower the
Gas Division's profits by 4.5%
Commissioner ThC?mas stated he wanted to see a performa with the 4.5% payment
in lieu of taxes included in the calculations.
Commissioner Berfield moved to continue this item~ The motion was duly seconded
and carried unanimously.
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e) Contract for development & production of recycling introduction and promotional
materials for city-wide residential. multi-family & commercial programs to Pearson,
T~omas/LKW, Inc., Tampa, FL, at ~ cost not to exceed $41,216 (PW)
Commissioner Berfield stated again she had not received this item until Tuesday
night and therefore had not had time to review it.
Commissioner Berfield moved to continue item 1122e. The motion was duly
seconded and carried unanimously.
CITY ATTORNEY REPORTS
ITEM #23 - First Readinq Ordinances
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, a) Ord. #5541-94 - Relating to recreation and open space land dedication; amending
Sections 54.23 & 54.53 to provide that the Commission shall decide whether to require'
the conveyance of land, payment of cash, or a combination thereof, to satisfy the
Recreation Land Impact Fee and Open Space Impact Fee requirements
. I
The City Attorney presented Ordinance #5541-94 for first reading and read it by
title o,nly.
Mayor Garvey stated she 'was against this ordinance as in previous Commission
. discussions they have talked about cutting down and streamlining government. She
stated this could be handled at a staff level,
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Commissioner Thomas moved to pass Ordinance #5541 M94 on first reading. The
, motion was duly seconded.
"
Commissioner Thomas explained his' reasoning for this ordinance stating that when
the ZOM development. occurred on Tampa Bay, the citizens of Seville should have had the
right to a park but the Parks and Recreation Director's recommendation was for cash in
lieu of land. He felt that was a mistake.
Mayor Garvey stated that was Commissioner Thomas' opinion. She felt the system
had been working well.
Upon roll call, the vote was:
"Nays"; Fitzgerald and Garvey.
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"Ayes"; Berfield, Deegan, and Thomas.
Motion carried. .
b) Ord. #5542M94 M Relating to vehicular traffic; creating Article VI, consisting of Sections
30.171 M30.177; restricting the practice of "cruising" or unnecessary repetitive driving on
certain streets
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The City Attorney presented Ordinance #5542-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5542-94 on first reading.
The motion was duly seconded a~d upon roll call, the vote was: .
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"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey,
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"Naysl1: None.
ITEM ,#24 - Other City Attornev Items
a) Ice House Agreement
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The City Attorney reported Mr. Johnson's (attorney for the owners) father-inMlaw
had died and Mr. Johnson would not be present at tonight's meeting. He stated Mr.
Johnson is requesting the agreem~nt be approv'ed tonighUf at all possible.
. Commissioner Thomas disagreed with a statement by Mr. Johnson that the building
has been certified as safe. He stated it has only been certified as temporarily safe. He
. also did not agree with removing the section where the owner of the property waived any
right of defense should the City demolish the property for failure to meet the time frames
in the agreement. '
'Mayor Garvey requested that the agreement be approved in order to expedite
businesses coming to downtown. '
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Commissioner Thomas requested the other Commissioners' opinion regarding the
removal of the waiver of defense.
Commissioner Barfield questioned the value of the waiver of defense if construction
is begun and the structure is sound altho'ugh not completed. "
Commissioner Thomas indicated the waiver of defense is being removed even if the
building is not sound.
Commissioner Fitzgerald stated if the Commission wished to take any action other
than to approve the agre'ement as submitted, Mr, Johnson s~ould be present.
Commissioner Deegan pointed out that the waiver of rights was something the
owner had voluntarily included in the agreement and it was not something the Commission
had requested. He stated he was inclined to accept the agreement,' as is, in order to move
the project forward.
Commissioner Berfield moved to approve the agreement regarding redevelopment of
the property known as the Ice House. The 'motion was duly secondod and carried
unanimously. .
b) Request for authorization to retain outside counsel re Abdullaj and Turn~r cases
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The City Attorney wishes to retain Lyndi Gordon as outside counsel in th'e defense
of two lawsuits: Abdullaj v. Ferro and Citv, a law,suit in state court claiming civil rights
violations, false arrest, excessive force, and failure to investigate an internal affairs
complaint; and Turner v. Citv, a federal civil rights case alleging malicious prosecution,
false arrest, false imprisonment and unlawful detentio,n.
The claims in both cases are similar to the Marcus case, which was successfully
defended in federal court, Ms, Gordon represented the City and Chief Klein in the Marcus
case. The City Attorney conferred with Chief Klein, who concurs in the recommendation
to retain Ms. Gordon in the Abdullaj and Turner cases.
A letter was received from Ms. Gordon proposing to represent the City and
describing her familiarity .with the factllal and legal issues 'to be faced in these cases, and
her rate of compensation of $95 per hour for herself and $35 per .hour for paralegals, with
a daily cap of $1,045.
, I
The City will not be billed for standard operating cost such as in.house
photocopying; postage and other support services, Out of pocket costs. including filing
and other court fees, long distance telephone calls and courier fees will be billed as the
costs are incurred. Travel time within the State will not. be charged to the City.
"
A letter was also received from Robert Stoler of Fowler, White, who represented
. Officer Carrasquillo in the Marcus case and who is also h3miliar with the factual and legal
background of the two pending cases.
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The City Attorney's recommendation is t6 retain Ms. Gordon.
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Commissioner Thomas moved to authorize retaining Lyndi Gordon to represent the
City in the Abdullai v, Ferro and City and Turner v, City lawsuits. The motion was duly
seconded and carried unanimously.
c) Res. #94-20 - requesting Florida Legislature to examine law of eminent domain & relieve.
state and local government agencies from unnecessarily burdensome costs of providing
necessary transportation facilities
This resolution is similar to the resolution adopted by the Tampa Bay Regional
Planning Council, which they have circulated for other agencies to adopt.
, .
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The City Attorney revised the clause relating to interest rates to state the statutory
section' numbers and the actual rate (12 percent) required by law and deleted their last
clause relating to "the time condemnation proceeding takes" because the time required for
a "quick-take" proceeding is as fast as the City can realistically expect from the judicial
system and it is not felt a case can be made that would prompt the legislature to make
changes that would speed up the process. Otherwise, Resolution #94-20 is very similar to
the TBRPC's resolution. .
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Commissioner Fitzgerald commented that at the Tampa Bay Regional Planning
Council Transportation Committee they received information that showed how far behind
the State of Florida is in the area of eminent domain.
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The City Attorney presented Resolution #94-20 and read it by title only,
Commissioner Deegan moved to pass and adopt Resolution 1194-20 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayesl1: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
. ITEM #25 - City Manager Verbal Reoorts
. a) changing SRGO. directional signs at Highland Avenue
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Pete'r Yauch, Acting Public Works Director/Traffic Engineer, stated that with the
implementation of parking on Cleveland Street, there was a back up of traffrc at about 3
p.m, on Saturday. The problem was tracked to the left hand turn from Osceola onto Ft.
Harrison. He stated it has also been discovered that the signal timing is too tight.
He is proposing to change directional signs at Highland Avenue regarding beach-
routes and to install signs that will indicate Alternate 19 can be reached by making a left
turn at Osceola and a right turn at Drew Street. He stated he has not talked to the State.
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Department of Transportation regarding this. Staff is also considering developing a flyer to
be handed out in the beach parking lots giving people directions regarding bypasses to.
downtown should that be their desire.
. Commissioner Fitzgerald suggested coordinating this with the downtown
businesses to let them know what it is proposed.
Consensus of the Commission was for Mr. Yauch to speak to the FDOT and also to
the DI;>B prior to implementing any changes. '
Other items under verbal recorts
The City Manager reported that March 14th will be a Monday meeting that is
scheduled to b~gin at 1 p.m. due to the rBRPC meeting being 'on the same date.. This
occurs whenever a Commission meeting falls on a second Monday, which is the regularly'
scheduled date of the TBRPC. ,.'
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Commissioner Fitzgerald, the City's representative on the TBRPC, is finding it more
and more difficult to make both meetings as the locations are changing and the TBRPC
meetings are going longer.
Mayor Garvey recommended simply canceling the Monday meeting and only holding
the Thursday meeting.
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Commissioner Deegan questioned whether or not the week's business could be
accomplished in one agenda. Ms. Deptula indicated she felt it could, but the meeting may
be just a little longer.
Cons'ensus of the Commission was to cancel the Monday meeting to see if one
meeting in that week would accommodate all the business necessary.
, Commissioner Thomas moved to cancel the March 14, 1994 City Commission
meeting. .The motion was duly seconded and carried unanimously.
The City Clerk reported Clearwater Neighborhood Housing Services (CNHS) is
requesting forgiveness of city liens,that are on property acquired by CNHS from the
County. The County acquired the property due to unpflid t~xes and subsequently donated
it to CNHS. CNHS reports city staff had indicated the liens would be taken care of. The
principal of the liens approximates $2,000. CNHS has a potential purchaser of the
property participating in the Infill Housing program.
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Questions were raised regarding the market price of the property and how m'uch
profit CNHS would be gaining from the sale of the property, The City Clerk is to obtain
this information.
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2/17/94
27
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ITEM #26 - Commission Discussion Items
a} Selhorst economic development plan - withdrawn.
b) Beach Development. Signs for Accessory Uses - Shuford memo
Commissioner Deegan had written a memo expressing concern about motel
conversions on Clearwater Beach. Scott Shuford. Central Permitting Director. stated he
felt this issue was under control as conversions are only allowed for accessory uses that.
service the people already on the property. He indicated signs are not allowed for this,
accessory use.
Commissioner Oeeg'an cited an example of a jewelry store with a sign in the
window. Mr. Shuford requested additional information regardll")g this property.
Commissioner Deegan stated there were two points raised, orie, there is an
apparent discrepancy that exists in that conversions are allowed and a property is allowed '
to continue its nonconformity whereas new developments are "backed' against the wall" in
meeting code requirements. He stated the other point is the 5% acce~sory use: 'It is
correct that this is not happening as often but the point was is that the use truly had to be
accessory to the primary use, not just any other use that is 5 % or less of the property,
Staff is to look at the definition of accessory use.
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Commissioner Deegan also pointed out a conversion that was currently taking place
at 604 Bayway. Mr. Shuford will investigate.
c) Elysium Play Street designation
A Clearwater citizen living on Elysium Way had requested that Elysium Way be
designated as a play street as children do play in the street which is a cut-de-sac.
Mr. Yauch reported he had received a call three or four weeks ago. He stated for
three or four years, children have been playing street hockey in the cul-de-sac. however, a
new resident has complained regarding this and has called police. He stated the play
street section in the city code has not been used in Clearwater and is word for word out of
the standard traffic code. This section was meant for use in more metropolitan areas such
. as New York.
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He stated only vehicles with business or residence on the street would be allowed if
this street is designated a play street. He stated "there does not appear to be a basis for
the designation. however, this has started a neighborhoo~ dispute.
Commissioner Thomas asked if there were ten people on the street, nine with
children playing on the street and one not wanting it, whether or not this would be
allowed. He questioned if there was no place for the children to play, He requested that
the Commission take no action tonight but to see if this situation can be arbitrated.
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minCC02c.94
2/17/94
28
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Mr. Yauch expres.sed concerns that designating this as a. play street would set a
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Commissioner Fitzgerald questioned whether there was no other area for the
children to play and questioned where the nearest park is located.
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A concern was also raised that maybe only one family had children playing in the
. street and the othe,r residents had no opinion one way or the other.
It was the consensus that staff was to gather additional information and bring this
back for Commission consideration.
ITEM #27 - Other Commission Action
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Mayor Garvey questioned whether or not the Commission wished to support a bill
for banning assault guns in Flqrlda. There was no consensus;
She also pointed out that there are a.number of items appearing in the legislative
bulletin of which the Commission needs to keep track.
ITEM #28 - Adjournment
The meeting adjourned at 1 :02, a.m. (2/18/94)
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, Exhibit A
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'PRELIMINARY CONDITIONS:
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,Signs and fencing/walls are subject to separate review and permitting processes.
The requisite building permits must be procured within one (1) year from the date oJ certification' I'
of the final site plan and all requisites certificates of occupancy must be obtained within three (3) "
YeafS of the date of certification of the site plan.
3.
If structure requires or has installed an automatic fire sprinkler system, a FIRE DEPARTMENT
CONNECTION shall be installed a minimum of 15 ft. from the str~cture, adjacent to a paved dri~e.
and within 30 ft. of a fire hydrant assembly.
4..
Prior to certification, the Dumpster Requirement Form must be completed and returned to the City,' ;
, Sanitation Depa~ment. ' I
Prior to the issuance of a certificate of occupancy. the dumpster/compactor must be visually ,I
. screened, a':ld gate,s must be provided with a minimum 12-foot clear opening to the. front for. \
access by Sanitation trucks. '
6.
Priorto ceftification, a copy at the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
7.
Prior to certification, the final, site plan must be signed and sealed by a Professional
Engineer registered in the State of Florida.
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Prior to issuance ota building permit, applicant shall provide to .Environmental Management and
Engineering an approved copy of all, necessary local, state and federal permits that may be
. required. .
The applicant shall cont~ct Parks & Recreation for the required recreation/open space assessment
fee, which ,shall be paid prior to certification.
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Exhibit 13
PRELIMINARY CONDITIONS:
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4.
Signs and fencing/walls are subject to separate reyiew and permitting pro~esses.
The requisite building permits must be procured within two (2) years from the date of,certification i'
of the final site, plan and all requisite certificates of occupancy must be obtained within four (4), . ""1
years of the date of certification' of the site plan. ;
P'riorto certification, the Dumpster Requirement Form' must be completed and returned to the City '.. :'1
Sanitation Department. .
Prior to the issuance of a certificate of occupancy, "the dumpster/compactor must be visually
screened, and gates must 'be provided with a r:ninimum 12-foot clear opening to the front for
'access by Sanitation trucks. .
. Prior to certification, it copy of the SWFWMD permit application is to be provided to Eng'ineering
. Site Plan Review.
Prior to the issuance of a building permit, a copy of the approved SWFYVMD permit is to be
provided to Engineering Site Plan Review.
prior to certification, the' final site plan must be signed and sealed by a Professional
Engineer Jegistered in the'State of Florida.
SIdewalks are. required adjacent to all street rights-af-way. .
Applicant snail, on the preliminary and final site plan, show all protected trees by size, species,
and location. .
pfior tocertification, all required perimeter landscape buffers shall be delineated by shading and/or
cross-hatching in accordance with the current code requirements.
pfior to Environmental approval of the final'.site plan, applicant shall depict by shading or cross.
hatching, aU required parking Jot interior. landscape areas. '. '
Prior. to the' issuance of. a building. permit, a' Landscape Plan. in compliance with the Land'
Development Code requirement shall be submitted for approval by the Environmental Management
Group.
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