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City mulls container rules as trial looms
By JENNIFER FARRELL, Times Staff Writer
CLEARWATER -- City Commissioners put off a decision Monday on whether to relax size limits for signs on portable storage containers. "We're kind of in a stalemate here," said Mayor Brian Aungst, before asking for more information that could lead to compromise with PODS, the Pinellas Park-based company fighting the restrictions in court. "I'm not ready to make any kind of decision Thursday night." Aungst's comments followed a heated debate in which commissioners differed sharply on how to move forward. Commissioners Hoyt Hamilton and Frank Hibbard agreed the existing limits are too strict, in light of a report from City Planning Director Cyndi Tarapani that shows Clearwater's rules are the stiffest in the area. Clearwater's ordinance, approved Aug. 3, 2000, allows portable storage units to sit on residential property for up to four days, four times a year. The units can have two signs,no larger than 12 inches by 18 inches each. The units can't impede the right of way of motorists or pedestrians and must have a placard indicating the date they were delivered. Forcing the company to retrofit larger signs on all 14,000 units in use across 17 states is wrong, Hibbard argued. "I just don't know if common sense has broken out," he said. Hamilton said PODS has been unfairly targeted. A vocal minority pushed the sign rules, he said, arguing the resulting ordinance is flawed and unreasonably limits the company's ability to market itself. "Take a look at every Frito-Lay truck that drives through the city of Clearwater," he said. "How big is that bag of Cheetos on the side of it?" Commissioner Bill Jonson vehemently opposed loosening the restrictions. "We allow people to market their businesses, but we generally don't allow that in residential neighborhoods," he said. Jonson also criticized PODS for seeking concessions in a law they agreed to follow when it was written. Two summers ago, PODS officials promised to replace the too-large signs. But by last summer, they still hadn't. After the city issued nine code violations, PODS fought the city in court, arguing the rules are unconstitutional and shouldn't apply to them. A trial is set for Nov. 22. Jacquelyn Cosentino-Georges, legal risk manager for PODS, said retrofitting the signs is insurmountable, financially and logistically. The company made the commitment before experiencing a rapid and unexpected expansion. "We made that promise with great intentions," she said. Vice Mayor Whitney Gray said she does not want to add to a perception of bias by changing the laws. "It just contributes to this appearance that we ... fold, for lack of a better term, for people who come to us for special considerations." The issue is complicated by the fact that PODS is looking for a new home, possibly in Clearwater. City and PODS officials insist the matters are separate, not part of a deal to lure the company here. But the issues are related, since the current restrictions effectively ban PODS from operating in Clearwater. PODS president and CEO Peter Warhurst has said that if the city doesn't relax the restrictions, it wouldn't make sense to move in. "This thing has gotten so convoluted," said Gray. Commissioners asked to meet with PODS in hopes of ironing out a compromise. In the meantime, the city staff will seek insight from officials in Pinellas Park, which limits signs on portable storage containers to 6 square feet. -- Jennifer Farrell can be reached at 445-4160 or farrell@sptimes.com.
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