11/21/1991 (2)
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CITY COMMISSION MEETING
November 21, 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, November 21, 1991 at 6:00 p.m., with the following
members present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
Vice~Mayor/Commissioner
COl111lissioner
Commissioner
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by Reverend William Meyers of the Trinity
Presbyterian Church.
In order to provide continuity for research, the items will be listed in
agenda order although not necessarily discussed in that order.
ITEM #3 - Service Pin Awards - None.
ITEM 14 - Introductions and Awards.
Citations of Appreciation were presented to Robert Aude for service on
the Municipal Code Enforcement Board and James Bullock for service on the
Marine Advisory Board.
ITEM #5 - Presentations
Jan Regulski, representing the League of Women Voters, presented their
newly published phamplet, IIKnow Your Countyu. ~
ITEM #6 - Minutes of the ~eaular Meetina of October 17. 1991 and Soecial
Meetinas of September 27. 1991 and November 4. 1991 .
The following corrections were requested for the October 17, 1991
minutes: 1) Under citizens to be heard, the spelling of Anne Wilkins' last
name be corrected; 2) A title IIUnion Contracts II was added before the
discussion that preceded Items #35-38; and 3) The City Manager and City
Attorney salary reviews were in the 1I0ther Commission ActionU section however
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it was requested to add another title before the individual Commissioners
cotmlents so the title "Additional Other Commission Action" was added.
Commissioner Fitzgerald moved to approve the minutes of the regular
meeting of October 17, 1991, as corrected and the special meetings of
September 27, 1991 and November 4, 1991, as recorded and submitted in written
summation by the City Clerk to each Commissioner. The motion was dUly
seconded and ~arried unanimously.
ITEM #7 - Citizens to be heard re items not on the AQenda.
Art Deegan, Major Martin, David Little, Frank Kummin and Ted Sampedemis
spoke regarding the proposed retail development project at the City Hall Annex
site commonly known as the East End Project. They expressed concern the
public was not being apprised of the proposals and that the economic situation
of the country was not conducive for this development. They requested further
investigation and public input.
Mary Helen Maren requested a guard rail be installed along Countryside
Boulevard at the entrances to Winding Wood Drive. She expressed concerns
regarding the safety of pedestrians now that Countryside Boulevard is being
widened.
John Wilson spoke in opposition to the guard rail.
Ed Hogan spoke in support of the guard rail.
4IIt Mary Callenstir requested members of the audience in support of the
guard rail raise their hands. Many members of the audience did so. A few
people raised their hands in request for those against.
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Connie Merris spoke concerning proposed sidewalk construction along the
north side of Cleveland Street between Duncan and San Remo. She asked this
project not be done. It was indicated the project has been put on hold.
The City Manager indicated that discussion regarding the East End
Project will be scheduled in the near future.
PUBLIC HEARINGS
ITEM #8 - Declaration of surplus property located at 2144 Calumet St.. E 2521
of Lot 10. Clearwater Industrial Park for the purpose of selling or exchanging
(PR)
The subject property is approximately .9 acres and zoned Public/Semi-
Public. The site has primarily been used as a field office for the City's
Forestry Division and, more recently, as a field office for the City's
Recreation Facilities Division. In ~anuary of 1991, the Recreation Facilities
Division moved to the former Motor Pool Compound on Pennsylvania Avenue
leaving the Calumet site surplus to City needs. A concrete block building is
currently on the property.
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11/21/91
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Commissioner Berfield moved to declare city owned property located at
2144 Calumet Street. described on the Pinellas County tax rolls as the East
2521 of lot 10, Clearwater Industrial Park, as being surplus to city needs for
the purpose of selling or exchanging said property. The motion was duly
seconded and carried unanimously.
JTEM #9 - Declare properties surplus for the purpose of deeding the land and
granting easements to FOOT for the widening of S.R. 580 (PW)
The Florida Department of Transportation (FOOT) is proposing to widen
State Road 580 from Countryside Boulevard to Kendale Drive. They will need
additional right-af-way along several City parcels of land and will also need
parcels for drainage purposes.
Staff requests this item be continued in order to obtain an agreement
from FOOT that they will pay for utility relocation necessitated by the
widening.
Commissioner Nunamaker moved to continue this item to the next regularly
scheduled meeting of December 5. 1991. The motion was duly seconded and
carried unanimously.
ITEM 10 - Public Hearin & First Readin Ordinance 15145-91 - Amendment of
Zonin Atlas to Commercial Planned Develo ment CPO and Review of Master Site
Plan/Sub. Plat for Loehmannls Plaza, lots 1 & 2, NW corner of NE Coachman Rd
and US19N, 19.89 acres (Principle Mutual life Ins., Wal-Mart,'Z91~02)(PLD)
The applicant has requested this item be continued until December 5,
1991.
Commissioner Nunamaker moved to continue this item until the next
regularly scheduled Commission meeting of December 5, 1991. The motion was
duly seconded and carried unanimously.
This request has been continued twice to allow the applicant to work
with staff to reduce the scale and rumber of needed directional sign
variances.
In reviewing code requirements for directional signage variance
requests, staff had to consider the historical development of the hospital and
other public institutions as well as code requirements. Historically, Morton
Plant and other public institutions continue to grow and need directional
signs. Presently, Morton Plant has numerous metal and wooden parking and
directional signs varying in size from approximately 1.5 to 8 sq.ft.
throughout their property. There are no variances or permits on record for
the signs exceeding the code requirement of 3 sq. ft. for directional signs.
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Morton Plant Hospital has made substantial changes to its original
request, in keeping with Commission direction on this matter. That the sign
sizes are only 0.5 sq.ft. greater than the 4 sq.ft. urecolTltlendedll for the
revised sign code seems justified due to the need for generally larger
messages on the Hospital signage, as opposed to more "typical" directional
signage which usually consists of messages like "ENTER" and "EXIT". While it
appears some of the proposed signs can be scaled down to meet the 4 sq.ft.
"recommended" area requirement, there is a clear benefit in keeping the frame
sizes, lettering and sign heights consistent in order to promote improved
readability for the public.
Jim Polatty, Planning and Development Director, reported Morton Plant
Hospital has agreed to reduce the square footage of the proposed signs to 4
square feet. This is the size that will be recommended in upcoming sign code
amendments. He indicated staff had looked at considering these signs as
property identification signs but found this was not within the code
requirements.
Pat Kays and Tom Miller, representing the hospital, stated people coming
to the hospital are anxious and need the signs to assist them in identifying
their dest,nation.
It was reported a letter was received from the Harbor Oaks Home Owners
Association which indicated they have no objection to the current sign
variance request.
Commissioner Nunamaker moved to approve the variance request by Morton
Plant Hospital for an additional 1 sq. ft. feet on each of 7 directional signs
for a total variance of 7 sq.ft. of additional directional signage, subject to
the following conditions: 1) The requisite sign permit shall be obtained
within six months from the date of this public hearing; 2) The signs shall be
designed and located in accordance with the applicant's application materials,
including sign area and sign height; and 3) All other directional signage on
the Hospital property shall meet City code requirements on or before October
13, 1992. The motion was duly seconded and carried unanimously.
ITEM #12 - Variance to Sian ReQulations for property (Capt. John's Hairpieces
& Menls Hairstyling) located at 1874 Gulf-to-Bay, Skycrest Sub., Unit C, part
of Tract 1 (Patterson SV91-22)(PLD)
The City's Sign Regulations require a 5 foot setback, for all
freestanding signs from all property lines. The applicant's existing property
identification sign is located on his side property line next to an existing
drainage easenlent. The property has an unusual trapezoidal shape with its
north and south sides being 42 feet and 3 feet respectively, the latter being
along Gulf-to-Bay. Because of the property configuration, it is not possible
to place a ground or pole sign on this property along Gulf-to-Bay and remain 5
feet from the property lines. The applicant states the sign has been in place
for 30 years. Staff from both Planning and Traffic Engineering have looked at
the sign and found its location does not pose a traffic problem. The sign was
cited as a result of the city's sign survey for being within five feet of the
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property line. The property is zoned CG, and is permitted a property
identification sign of 64 sq.ft. The eXisting sign is composed of three
message boards. The combined areas are greater than the permitted surface for
the applicant's sign. The applicant proposes to remove the two smaller
me~5age boards prior to October 13, 1992, which would make the surface area of
the sign less than the maximum allowed. Given the circumstances, staff
recommends the variance for the property identification sign be granted.
The applicant does have a second sign that is non-conforming, a roof
sign, which is prohibited by the Sign Regulations. Staff feels that a
condition to any variance should be that all signs on the applicant's property
be brought into compliance by October 13, 1992.
Commissioner Regulski moved to approve a variance of 5 feet to permit a
pole sign zero feet from property lines to be effective when all other signs
are in conformance, subject to the following conditions: 1) All signs for the
property shall otherwise be in compliance with the City's Sign Regulations by
October 13, 1992: and 2) Only one pole sign shall be permitted and it shall
not exceed 56 sq.ft. in area. The motion was duly seconded and carried
:manimously.
ITEM #13 R Variance to 5i n Re ulations for property located at 20505 US19N,
Sec. 17R29R16, M&B 32.01 & 32.02 Trizec Properties, Inc./Gayfers/Pugh, SV91-
21 )(PLD)
It was requested this item be continued to allow staff to investigate
concerns expressed at the Worksession by the City Commission.
Commissioner Regulski moved to continue this item until the scheduled
Commission meeting of December 19, 1991. The motion was duly seconded and
carried unanimously.
ITEM #14 - Alcoholic Beveraoe Distance Separation Variance for property
located at 325 S. Gulfview Blvd., lloyd-WhiteMSkinner Sub., Lots 63-66, 58,
69( 113-117, and part of Lot 112 (Boldog/Americana Gulf Motels Ltd AB91-
20}(PLD) .
This is a request for a 300 foot variance fro~ the 300 foot distance
from a residential zone requirement for thu American Gulf Resort. This site
is located in the Resort Commercial "Twenty Eightll district (CRM28) which is
treated as a residential zoning district with regard to alcoholic beverage
establishments.
The applicants have received conditional use approval from the Planning
and Zoning Board for on premises consumption and package sales subject to five
conditions: 1) The requisite occupational license shall be obtained within
six months: 2) When deemed necessary, the business owner shall demonstrate 51%
food and nonRalcoholic beverage sales per gross receipts: 3) The hours of
operation shall be from 6:00 a.m. to 1:00 a.m. weekdays and weekends or as
otherwise further restricted by the State of Florida: 4) The applicant shall
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obtain approval from the Commission of the separation distance variance and 5)
package sales shall be limited to room service only with all sales conforming
to the requirements of state law and Section 72 of the City Code.
The Fire Marshall has approved the 150 seat capacity of the proposed
restaurant. The CR-28 zoning district requires 51% or more of the gross
revenue to be from the sale of food and non-alcoholic beverages. Julie's
Seafood and Sunset, a 2-COP establishment, is the only alcoholic beverage
license establishment within 300 feet of this establishment.
Don McFarland, attorney representing the applicant, reviewed the history
of this site and stated it is due to this being located in the CR-28 district
that the variance is needed. He stated the alcoholic beverage license would
not be used in connection with any beach front operation.
A question was raised regarding the 900 sq.ft. outdoor seating being
ncar Gulfview Boulevard. Mr. McFarland indicated this would be around the
pool area. The restaurant will be inside the hotel.
Commissioner Regulski "loved to approve a variance of 300 feet to allow
alcoholic beverage sales within zero feet from a residential zone. The motion
was duly seconded and carried unanimously.
ITEM #15 - Alcoholic Bevera e Distance Se aration Variance for property
Kal1y.s Beachside located at 60B Mandalay Ave., Clearwater Beach Revised,
Blk 7, part of Lot 9 (Lookretis AB91-21)(PLD)
The applicants are requesting approval of a separation distance variance
for a new 2-COP license for the sale of beer and wine for on premises
consumption at a restaurant called Kally's Beachside. The property is 50 feet
from a residential property and the code requires a 300 foot separation.
The request involves the expansion of the restaurant into the adjacent
retail space which was previously occupied by an ice cream shop and 2 chair
barber shop. Construction of the expansion has already occurred; however, the
occupational license is being held until the sale of alcoholic beverages has
been authorized. There will be 98 seats inside the establishment with no
outdoor seating.
The hours of operation are proposed to be 7:00 a.m. to 10:00 p.m. daily.
These hours must be adjusted in accordance with State requirements for the
sale of alcoholic beverages (i.e. no sales before 1:00 p.m. on Sundays).
There is an existing attached dwelling unit on the second floor which will
remain.
The Planning and Zoning Board approved the conditional use for the
alcoholic beverage sales subject to the following conditions: 1) The
applicant shall obtain approval from the City Commission and the Development
Code Adjustment Board for variances to the separation requirement and parking
requirement prior to the issuance of an occupational license for the alcoholic
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beverage sales; 2) The applicant shall obtain the requisite occupational
license within six months: 3) Alcoholic beverages shall be restricted to on-
premises tLnsumption and 4) Alcoholic beverage sales shall be prohibited after
10:00 p.m.
The proposal also requires approval of a parking variance of 8 spaces.
The Development Code Adjustment Board approved the parking variance subject
to: 1) A 3 sq.ft. minimum sign shall be posted in the front window notifying
the public that metered parking is available on Avalon Street: and 2) the
variance shall be limited to its present owners.
Mike McKenzie, representing the applicant, stated the Lookretis family
has owned the property over 40 years. Previnusly the restaurant was operated
by someone else. Due to the expansion, they require an additional variance.
There had been some confusion regarding the owner and applicant which
was discussed at the worksession. Mr. Polatty indicated the owners of the
property are the lookretis' and they propose to hold the license in the name
of their corporation.
Discussion ensued regarding alcoholic beverage licenses being in the
name of corporations and if the corporation were sold, whether or not this
would trigger a new application due to change of ownership. It was indicated
that if the name does not change, this would be difficult to detect.
It was stated there were two letters of opposition submitted.
Sophie Lookretis indicated that they own another restaurant called Kally
K's on Walsingham and the corporation owns both restaurants.
Concerns were expressed regarding alleged criminal activities by one of
the Lookretis' in one of the letters of opposition. It was indicated the
State would do a background check before issuing the license. Mr. McKenzie
noted that the letter alleging criminal activities appears to be anonymous.
Commissioner Regulski moved to approve a variance of 250 feet to allow
alcoholic beverage sales within 50 feet from a residential zone. The motion
was duly seconded. Upon the vote being taken: Commissioners Regulski,
Nunamaker, Fitzgerald and Mayor Garvey voted "Aye", Commissioner Berfield
voted "Nay", motion carried.
ITEM 116 - Alcoholic Bevera e Distance Se aration Variance for property
Baskets of Joy located at 2559 Countryside Blvd., Suite I, Countryside
Village Square, Lots 5, 7 & 8 (Countryside Village, Ltd/HRE Properties AB91-
22)(PLD)
The applicant is requesting a variance to allow package sales of beer
and wine with no consumption on premises. The applicant proposes to open a
new giftshop to be known as IIBaskets of Joyll which will feature gift baskets
with various items, such as flowers and also containing beer, wine or both
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upon the request of the purchaser. Deliveries similar to a conventional
flower shop will be made. Sufficient parking is provided as part of the
Commercial Center in which the shop is located. The proposed hours of
operation will be 10:00 a.m. to 6:00 p.m. weekdays: Saturdays - 10:00 a.m. to
2:00 p.m. and Sundays, the establishment will be closed. No deliveries will
be scheduled between 10:00 p.m. and 6:00 a.m. on any day of the week.
The request requires approval of a variance of 200 feet as there is a
similarly licensed establishment, known as Countryside Cuisine within the same
shopping center. The Planning and Zoning Board approved the conditional use
permit subject to the following conditions: 1) The applicant shall obtain the
requisite occupational license within six months: 2) The applicant shall
. obtain approval from the City for the number of delivery vehicle(s) and
parking locations of the delivery vehicles: 3) No deliveries shall occur
between the hours of 10:00 p.m. to 6:00 a.m. and 4) The sale of refrigerated
. alcoholic beverages shall be prohibited.
Sam Hillman, operator of the business, submitted pictures showing the
proposed shop stating it will be a very small shop with gift baskets being its
main business. He stated there had been some cancern regarding people coming
in and buying a bottle of beer or wine and this will not occur at this
establishment. He stated he is actually further than 200 feet from a
similarly licensed establishment but is within the same shopping center and
therefore, the variance is necessary.
One citizen spoke in opposition to the application stating the shopping
center already has sufficient alcoholic beverage establishments.
Commissioner Fitzgerald moved to approve a variance of 200 feet to allow
alcoholic beverage sales within zero feet from a similarly licensed
establishment. The motion was duly seconded and carried unanimously.
ITEM #17 - Alcoholic Beveraae Distance Separation Variance for property
located at 850 Bayway Blvd., Bayside Sub. No.6, Unit A, Blk 0, Lot 12 and
Unit C, Blk 0, Lots 13-15 (Resolution Trust Corp./Hollywood Federal Bank AB91-
23)(PLD)
The attorney for the applicant has requested a sixty day continuance.
Commissioner Berfield moved to continue this item until the scheduled
Comnission meeting of January 16, 1992. The motion was duly seconded and
carried unanimously.
ITEM #18 - Interlocal AQreement with Pinellas Count v - to exercise
comprehensive planning authority and enforce land development regulations for
land within respective areas of jurisdiction of each party (PLO)
In 1985, the City adopted its Future Land Use Plan Map which included
the unincorporated areas within the planning service area for the City. These
,
CCmtg
11/21/91
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areas are targeted for future annexation. therefore, they were shown with the
appropriate City Future Land Use Plan designations. This procedure (which was
previously acceptable to the State of Florida simplified the annexation
process as the properties were already classified, therefore, no related
amendments to the Land Use Plan were necessary. However, approximately three
years ago, the Florida Statutes required the City to change its Land Use Plan
Map to show the unincorporated areas as being Unclassified, thereby requiring
a Land Use Plan Amendment each time a property is annexed into the City. This
places an unnecessary burden on the individual property owners and is not the
most time and cost efficient procedure for the State and local planning
agencies. The alternative is an interlocal agreement in accordance with
Chapter 163 of the Florida State Statutes.
The City is proposing to enter into an interlocal agreement with
Pinellas County to allow the City to show unincorporated areas in the
IIClearwater Planning Area" on the City's Comprehensive Plan. This would allow
the City to accommodate annexations with no plan amendment provided the
County's Plan designations for the subject parcels are accepted by the
Commission. The Cities of St. Petersburg, Pinellas Park and Largo have
jointly entered into such an agreement, which is referred to as the Tri-City
Agreement. Tarpon Springs also has such an agreement.
Most differences in nomenclature between the County's designations and
the City's Land Use Plan should be resolved once the Countywide Pinellas
Planning Council's Consistency Program has been implemented within the next
few years. However, it is still desirable to go forward with the agreement at
this time in order to simplify and expedite the annexation process.
Commissioner Berfield moved to the approve the Interlocal Agreement
between the City of Clearwater and Pinellas County. The motion was duly
seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #19 - Ordinance #5143-91 - RelatinQ to financial administration, amending
Sec. 41.14, to delete requirement for surety bonds for finance and deputy
finance directors
The City Attorney presented Ordinance #5143-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance *5143-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
uNaysu: None.
CCmtg
11/21/91
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ITEM '20 - Ordinance #5144-91 - Relating to standard bujl~na codes; amending
Sec. 138.01, to adopt 1991 editions of standard building, plumbing and
mechanical codes, the 1988 edition of national fuel gas code and 1989 edition
of standards for storage and handling of liquified petroleum gases with
certain appendices to said codes
The City Attorney presented Ord;~dnce #5144-91 for second reading and
read it by title only. Commissioner Nunamaker moved to pass and adopt
Ordinance 15144-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naystl: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #21-67) - Approved as submitted.
Agreements - Approved.
ITEM #21 - Third Amendment to paraQraph 3 of Bikini Buttons. Inc. lease
aQreement dated June 12. 1990, allowing sale of lottery tickets and Federal
Express mail service (MR)
.
ITEM #23 - Home Construction Finane;n A reement to enable the Infi11 Housin
Development ProQram to fully utilize pledQed funds (PLD
ITEM #24 - Homeownership Revolvinq Loan Fund Aqreement to enable CNHS to move
houses into the North Greenwood neighborhood and renovate them for resale
{PLD)
Bids & Contracts - Awarded. (#39 Continued)
ITEM 126 - Extension of annual contract for installation of 5/811, 1", 2" and
4" P.E. mains and service lines to V;sk Construction, Inc., Riverview, FL, for
the period 12/1/91-5/30/92 at a total estimated cost of $152,425 (GAS)
ITEM #27 - Interruptible Gas Sales Contract with Natural Gas ClearinQhouse.
Houston. TX; authorization to execute purchase orders for interruptible
transportation natural gas and authorization to enter future interruptible
transportation contracts (GAS)
.
CCmtg
11/21/91
10
.
.
ITEM 129 - Purchase of five Pro Master 20~G Gravely RidinQ Mowers and five 6011
mower decks from Pro Eauinment. Inc., Clearwater, FL, for a total cost of
$37,000: financing to be provided under the City.s master lease-purchase
agreement with AT&T Credit Corp. (GS)
ITEM 130 - Purchase of two Gravel~ Pro Master 30-H 7211 ridinq mowers and four
Gravel 16-G 50" r1din mowers from Pro E ui ment Inc., Clearwater, FL, for a
total cost of 40,072; financing to be provided under the City~s master lease~
purchase agreement with AT&T Credit Corp. (65)
ITEM 131 - Purchase of two Ford Tractor loaders from Ford New Holland. Inc.,
Tucker, GA, for a total cost of $43,158: financing to be provided under the
City.s master lease-purchase agreement with AT&T Credit Corp. (GS)
ITEM #32 - Purchase of two John Deere Wheel Loaders from John Deere Industrial
EQuipment Co., Baltimore, MD, at a total cost of $141,452: financing to be
provided under the City.s master lease-purchase agreement with AT&T Credit
Corp. (65)
ITEM #33 - Purchase of 19' Roustabout work boat for the Marine Department to
SeaArk Marine. Inc., for $16,567 (MR)
ITEM #34 - Contract for temporary services to Kellv Temporary Services,
Clearwater, FL, for an estimated annual cost of $60.000 (UR)
ITEM 136 - Purchase of narden and nursery chemicals to Garden and Hardware.
Inc. for an est. total of 29 .25' to J.e. Ehrlich Chemical for 1 506.80. to
Van Waters and Ro ers Inc. for 10 962.50' to Harrell.s Inc. for 870' and to
Terra International Inc. for 34 622.35 for an estimated total of $48,250.90,
for the period 11/18/91~11/17-92 PR
ITEM #37 - Purchase of Cypress Chips to Florida Green Resources, Palm Harbor,
FL, for the period 11/22/91-9/30/92 for an estimated cost of $10,000 (PR)
ITEM #38 - Purchase a radio telemetry system from Data Flow System. Inc.,
Melbourne, FL, for monitoring sanitary sewer pump stations and potable water
systems, for a total price of $75,557 (PW)
ITEM #39 - Cant. to 12/5/91 - Contract for preparation of a PD&E Study for
the widening of Drew Street to Post. Buckley, Schuh & Jerniaan for a not-to-
exceed fee of $564,043.43 (PW) (Cont. from 10/17/91)
.
CCmtg
11/21/91
11
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ITEM 141 - Clearwater Airpark Mowina services to Greenturf Services, Tampa,
Fl. for the period 12/1/91-9/30/92 for $500 per mowing, a total of
approximately $17,000 (PW)
ITEM 142 - Contract for Fishing Pier Restoration to Hendrv Corp. for $75,000
(PW)
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ITEM 143 - Contract for repair of storm culverts on Clearwater Beach to
Insituform Southeast for $21,325.40 (PW5
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Citil~ns & Staff Requests - Approved. (Item #52 Continued)
ITEM #46 - Declare surplus and authorization for disposal of Mail Processinq
Machine (A!.}
ITEM 147 - Author'ization for an expenditure of $57.635 to Florida Power Corp.
to bury the existing overhead power line along the N side of Courtney Campbell
Causeway with the City providing necessary trenching and back filling (PR)
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ITEM 149 - Life Insurance with The Prudential for SAMP e 10 ees at a cost of
.57/ 1.00 for one times annual earnings and offer optional life insurance to
three additional times annual earnings (CM)
ITEM ISO - Revised Policies. CDBG home rehabilitation loan prOQram (PLD)
ITEM 151 - Adjustments SAMP Plan Salary Ranoes - increasing the maximum salary
ranges for the SAMP Pay Plan by 4%, the addition of a new SAMP range for
Deputy City Manager and Gas System Manager, advancing the class of Deputy
Police Chief and Assistant Fire Chief from SAMP range ULU to "M" and moving
"red-circledu classes tc, their correct range (eM)
ITEM 152 - Continue consideration of Parkinq Fund Rates - $1.00 & 50 cents
per hour at designated meters on Clearwater Beach; marina sell ~nnual & semi-
annual passes to Clearwater residents; and marina parking fee of $1.00 1/2
day, $2.00 day, $15.00 month & $120.00 year (CM) (Cont. from 10/17/91)
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11/21/91
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Change Orders - Approved.
ITEM 153 - C.O.#2 in the amount $5.560 for Bandes Construction Co.. Inc., for
the Clearwater Community Sailing Center - ratify City Manager's approval of
C.O.12 to the contract for Clearwater Community Sailing Center to Bandes
Construction Company Inc. increasing the contract amount by $5,560 and
adjusting the total contract amount to $324,073 and transfer $5,560 of
Recreation Facility Impact fees to Project 315~3278, Sand Key Sailing Center
CPR)
ITEM 155 - C.O.n9-Final to contract for the Marshall Street Advanced Pollution
Control Facility increasina the amount bv $71.946. adjustina the total,
contract amount to $17.400.546 completing the close-out of the project (PW)
Plans & Plats - Approved.
ITEM #56 - Preliminarv Site Plan for the Orleans Motel located at 181
Brightwater Dr., Bayside Sub.H2, Lots 20 & 21 (Leclerc)(PLD)
Authorize review of a final site plan with final action by the Development
Review Committee (D.R.C.) subject to the following conditions: 1) The
requisite building permits must be procured within six months from the date of
this public hearing; 2) Prior to issuance of a building permit, a Unity of
Title shall be recorded by the applicant; 3) Prior to issuance of a building
permit, the dumpster must be visually screened and gates must be provided with
a minimum 12' clear opening to the front for access by Sanitation trucks; and
4) Signs and fencing/walls are subject to separate review and permitting
processes.
ITEM #57 - Revalidation of Site Plan for Plymouth Plaza located at 2588-2594
US19N, Sec. 30-28-16, M&B's 34.01 & 43.01 (Plymouth Plaza Ltd)(PLD)
Approve revalidation of the site plan for Plymouth Plaza subject to the
following conditions: 1) The (previously) required 10' blanket easement for
water lines must be dedicated to the City prior to issuance of a building
permit; and 2) All requisite building permits for the approved development
shall be obtained prior to 11/21/93 and all requisite Certificates of
Occupancy shall be obtained by 11/21/94.
ITEM #58 - Preliminary Site Plan for Victorian Cottaaes (formerly L'Hermitage)
located at 1350 Gulf Blvd., Sec. 19-29-15, M&B 14.03 & 14.08, 1.419 acres
(Very Important Properties, Inc.) (PLD)
Authorize review of a final site plan with final action by the Development
Review Committee (D.R.C.) subject to the following condition: Signs and
fencing/walls are subject to separate review and permitting processes.
CCmtg
11/21/91
13
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CITY ATTORNEY
Agreements, Deeds & Easements - Approved.
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32-28-16
ITEM 161 - Sidewalk easement - Map of Belleair Sub.. Blk 15. Lot 17 (Mallory)
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I EM #64 - Sewer installation and maintenance easement - 151 vacated alle
Blk 3. Plat of Wallace Addition to Clearwater Dimmitt Car Leasing, Inc.
ITEM #65 - Utility easement - E 6' of r-o-w lvina between Blk 3. Wallace
Addition to Clearwater and Marshall and Brandon's Sub. of Blk 7. Wallace's
Sub. (Dimmitt Car leasing, Inc.)
ITEM 166 - Sanitar sewer lien a reement - Lot 50 Citrus Hei hts Manor 1st
Addition Subdivision a/k/a 1919 Ashland Drive. Clearwater Hilpl
ITEM 067 - AQreement with Humane Society of North Pinellas County, Inc.
Commissioner Regulski 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.
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ITEM #68 - Re uest for S.R.60 desi nation be removed from Cleveland St. and be
placed upon the Court-Chestnut St. one-way oair in downtown Clearwater PW
Currently, State Road 60.follows Cleveland Street through downtown
Clearwater. Traffic destined for Clearwater Beach follows the S.R.60 signing,
through downtown to Memorial Causeway.
It has been requested that S.R.60 be relocated for the purpose of
reducing traffic volumes and the elimination of their associated speeds
through downtown. The intent is to create a pedestrian friendly atmosphere
along Cleveland Street. It is believed the relocation of S.R.60 will
encourage the undesired traffic to utilize the other corridor.
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11/21/91
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There are four primary ways this could be accomplished. All involve
relocation of S.R.60 to the Court/Chestnut corridor. In the first scenario,
the section of Cleveland Street between Osceola And Myrtle Avenues would be
reduced to a two-lane, two-way se~tion with curbside parking. The second
scenario is identical to the first, except that Cleveland Street would be
closed at the Bayfront, either in a cul-de-sac or a new driveway into the
parking lot to the west of the Maas Brothers store. The third scenario calls
for a one-way pair operation of Cleveland Street and Pierce Street (in
addition to the one-way pair of Court and Chestnut) allowing two lanes of one
way traffic, with curbside parking, for westbound Cleveland Street. The
fourth scenario is identical to the second, except that Cleveland Street would
connect directly to Drew Street, allowing the signal at the Bayfront to be
removed.
All four scenarios would result in a significant shift in traffic to the
Court-Chestnut corridor. However, two sections of the Court-Chestnut corridor
would not be able to accommodate the additional traffic without a significant
and undesirable decrease in the level of service. The four-lane, two-way
section of Court Street (between Ewing and Missouri) and Pierce Boulevard
(between Court Street, at the top of the hill, and Cleveland Street, at the
bottom of the hill) will. without roadway improvements become overloaded,
creating congestion and significant delays.
Nine citizens spoke in favor of the redesignation stating that reduced
speeds and parking along Cleveland Street would help revitalize the downtown
area. They indicated previous removal of parking in the downtown area has led
to the decline of the area. Some of the citizens also suggested signage
regarding the downtown area being a historic area and the possibility of
buying a lot east of the railroad tracks on which to install additional
surface parking.
Eight citizens, including representatives of the Downtown Development
Board, The Homeowners Coalition and The Chamber of Commerce, spoke in
opposition to the redesignation stating further reduction in traffic through
the downtown area will only accelerate the further decline of downtown. The
Chamber of Commerce recommends the Commission take action to synchronize the
signals to slow traffic down through the area, enforce the speed limit,
improve signage to the existing parking garages, consider free parking in
downtown, consider changes to the ordinance to allow sidewalk sales and
improved signage for the businesses that are in the downtown area and to
promote incentives to attract tenants. They also recommended the Maas
Brothers Site be developed as a magnet development.
Two citizens spoke regarding the downtown area stating a change in the
retail mix in the area is needed and residential development should be
considered. It was also suggested the Maas Brothers Task Force look at
parking in the downtown area.
The meeting recessed from 8:20 p.m. to 8:32 p.m.
CCmtg
11/21/91
15
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Michael Wright, City Manager, indicated he had asked the City's Traffic
Engineer to take a very objective look at the redesignation of S.R. 60 and how
it would affect the road network and the cost of such an effort.
Mr. Yauch reviewed the four alternatives indicating where road
improvements would be needed to accommodate additional volumes on the new S.R.
60 corridor. He provided associated costs of needed improvements for each
scenario: Scenario II would cost approximately $774.000, including costs for
additional right-af-way that may be needed: Scenario #2 has been estimated to
cost $2,059,000, again. with no additional right-of-way cost included;
Scenario 13 is estimated to cost $408,000 and scenario #4, $2,066,000.
The City Manager indicated there would be serious impacts resulting from
the removal of the S.R. designation from Cleveland Steet and the placement of
88 parking spaces on that road. He indicated the issues are more complex than
parking and there is a need for a retail mix in the area.
Discussion ensued regarding the need to improve signage, reduce speed
and to consider ordinances which would allow sidewalk sales and greater
visibility of the businesses. It was indicated the revised Downtown
Development Plan will be brought to the Commission for receipt and referral at
the December 5, 1991 meeting.
Further discussion ensued regarding whether or not parking would resolve
the problems of the downtown area.
In response to a question regarding whether or not the Maas Brothers
Task Force should be asked to review this question, the majority of the
Commission did not feel that this would be within their scope.
Commissioner Regulski moved to deny the request that the State Road 60
designation be removed from Cleveland Street and placed upon the Court-
Chestnut Street one-way pair in downtown Clearwater. The motion was duly
seconded and carried unanimously.
ITEM #69 - Request from Downtown Clearwater Association to waive cost of city
services for liThe Third Annual Clearwater Family Holiday parade" to be held on
Friday, 12/13/91 (PR)
The Downtown Clearwater Association will be sponsoring its Third Annual
Downtown Clearwater Family Holiday Parade on Friday night, December 13, 1991.
The parade will follow the same route as last year except that it will be
offered at night rather than during daylight hours. The DCA has requested the
City waive all city charges that might be connected with the parade.
The City waived $1,958 worth of police and barricade services for the
1989 parade. For the 1990 parade, the Commission approved a maximum waiver of
$1,958 with the stipulation the Association be billed for any costs above said
amount. This billing was not necessary since actual costs for the 1990 parade
totaled $1,914. Police costs were less than expected since the City was able
to use a combination of reserves. explorersr etc. as volunteers.
CCmtg
11/21/91
16
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For the upcoming 1991 parade, the Police Department anticipates higher
costs since the parade will be during evening hours and more officers are
needed at intersections. Also, fewer volunteers will be available. According
to the Police Department, approximately 25 regular police officers will be
required at an estimated cost of $2,580. These officers will be supplemented
by approximately 25 volunteers. As in past years, barricade services will be
provided by the Transportation Group of the Public Works Department at an
estimated cost of $1,000. Thus, the approximate cost of the 1991 parade will
be $3,850.
The parade will immediately follow a concert in Station Square Park
which will be conducted from 5 until 7 p.m. This concert is a part of the
"Downtown Comes Alive" program and is sponsored by the Downtown Development
Board.
Dee Shaw, Downtown Clearwater Association secretary and Chairman for the
parade, stated they had changed to evening hours in order to draw a larger
spectator crowd. She stated the parade has been revived for the past three
years and the spectators have been less than desired. Due to several other
events having already been scheduled for that evening, it was felt it would be
advantageous to have the parade from 7:00 to 9:00 p.m. She apologized that '
she was not aware that the waiver had to be submitted to the City Commission
and this will be done earlier in future years. She stated she is receiving 4
to 5 calls per day regarding the parade and there have been no complaints
regarding it being held at night.
Concerns were expressed regarding the budget not including waiver of
these fees and it wa~ st7.ted the bulk of the cost will come from police
overtime. If the Commission so directed, the funds could be found in other
accounts. In response to a question, it was indicated they could not come
from Community Redevelopment Agency funds.
Commissioner Fitzgerald moved to approve the waiver of the cost of City
services for liThe Third Annual Clearwater Family Holiday Paradell. The motion
was duly seconded and carried unanimously.
This is a request to approve the site plan in order to construct a two
story structure over an existing retention basin to house a 12 unit group care
facility. The site is approximately .44 acres and is part of the original
development known as The Villas at Countryside Condominiums. A conditional
use is required for the Level II group care facility.
At the same time as The Villas at Countryside Condominiums was being
developed, a golf course was being constructed directly to the south. The
developer of the golf course cut a 80 foot wide path through the cypress
wetland along the south property line. The golf course and related
construction are located entirely in Pine1las County and all permits were
CCmtg
H/2l/S1
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issued without the benefit of city review. In turn, this golf course
development restricted the natural flow of stormwater drainage from the north.
The properties immediately affected were The Villas of Countryside
Condonminiums and The Village at Countryside commercial development located to
the north, across Enterprise Road. As a temporary solution, the Department of
Public Works required additional retention on these sites to compensate for
the volume of stormwater that no longer could flow through the natural
drainage course. One of these retention areas is located on the subject
property.
The owners of the Countryside developments were to file a lawsuit
against the owner/developer responsible for the drainage problem. After the
retention areas were in place, the owners never followed through with any
legal action. Consequently, the Department of Public Works requested the
owners of the subject property to dig out the pond and grass the slopes to
create a wet retention pond. The result is the pond that exists today on the
site. There are not any amended certified site plans on file that reflect
these changes and events. .
The subject property was subdivided by means of a metes and bounds
description and was never platted as required by the Land Development Code.
Therefore, this is an illegally subdivided lot. The lot was then allowed to
fall delinquent in taxes and subsequently sold by the County to the present
owner. Before the final site plan approval or any building permit is issued,
the site must be platted in accordance with the Land Development Code.
Environmental Management's review of the plan concludes that the
construction of a building over the existing wet retention pond is in direct
conflict with the Comprehensive Plan, the City's Design Criteria for storm
drainage and wetland jurisdictional areas by State regulation. The specific
areas of concern are as follows: erosion control of the pond banks; shading
effect over the water creating a lldeadll zone of plant life; protection of the
cypress dominated wetland area; water quality treatment prior to discharge
into the cypress dome; providing a littoral zonei the need for a FDER dredge
and fill permit and lack of on-site area for mitigation for the wetland area.
The proposal directly conflicts with numerous elements of the
Comprehensive Plan's Goals, Objectives, and Policies with specific regard to
erosion control, drainage, protection and conservation of the environment. and
preservation of ecological community assets.
Staff strongly recommends denial of this proposal.
Jim Polatty, Planning and Development Director, reviewed the history of
this site. He stated the pond has become a functional part of the wetlands
area.
In response to a question, it was indicated the pond is needed for The
Village at Countryside and The Villas at Countryside Condominiums complex.
CCmtg
11/21/91
18
.
.
.
William C. Baker, Public Works Director, indicated the developers of the
golf course filled in and dammed the water flow. He stated the original pond
was a temporary solution but as legal action was never taken, the pond is now
necessary.
The Planning and Development Director reiterated that mitigation of the
wetland would be necessary.
Robert Root, Administrator of the Tt'ust that owns the property, stated
the property was part of the original site plan for Villas of Countryside in
early 1980's. He stated the property is zoned Multi-Family. He reported he
has just finished a medical building with retention under the parking area.
He further reported that aerials from 1984 showed that the pond was dry and
that while he has attempted to, he can not find permits for the excavation of
the pond. He stated he does not intend to remove or bring in additional fill,
he simply wants to develop the property. He distributed material showing the
original plans and development of the retention area.
In response to a question, Mr. Root indicated the present pond does hold
water. He also indicated he had owned the property for 8 to 9 months. He
stated he only wanted to have the opportunity to develop the property. He did
not believe a conditional use permit would be required.
The Public Works Director stated that at the time of construction, it
was a dry retention pond however, it did not operate properly and the
alternative was to make it a wet pond. The developer did make it a wet pond
without discussion with the FDER. He stated the FDER now claims jurisdiction
over the wetland and Mr. Root will have to get FDER approval if he is to build
over the pond.
Discussion ensued regarding development of the pond and that it had
originally been intended to be temporary but as no legal solutions were
pursued, the pond is still needed. It was also indicated that the approved
site plan shows no road cut for this particular piece of property.
Julia Kriswell, Property Manager of The Villas at Countryside, indicated
they are opposed to construction on this property. She stated the developer
did not pay taxes on the property but the condominium development has
maintained the pond.
George Skirtis, resident at Villas and on a committee to address this
problem, stated the association would have purchased this property if they had
been informed that it was for sale for non-payment of taxes. He stated they
have maintained the pond for ten years. He indicated they have filed a suit
against the developer as they felt they have been defrauded in this matter.
Commissioner Nunamaker moved to deny the request for approval of this
site plan based upon staff findings that the proposal is in conflict with the
Comprehensive Plan. The motion was duly seconded and carried unanimously.
CCmtg
11/21/91
19
.
ITEM~Ll - Lana Center Board of Directors - 1 appointment (eLK)
Commissioner Fitzgerald moved to appoint Rabbi Gary Klein to complete
the unexpired term to 9/30/93. The motion was duly seconded and carried
unanimously.
Other Pending Matters - None.
CITY ATTORNEY REPORTS
First Reading Ordinances
ITEM 172 - Ordinance 15147-91 - RelatinQ to contractors. reoealinQ Ch.'74
The City Attorney presented Ordinance #5147-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance 15147-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
/
"Ayes": Regulski. Nunamaker, Fitzgerald, Berfield and Garvey.
nNaysu: None.
.
ITEM #73 - Ordinance #5148-91 - RelatinQ to street artists and craftsmen,
reDealing Ch. 78
The City Attorney presented Ordinance #5148-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5148-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
UAyestl: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #74 - Ordinance #5149-91 - RelatinQ to secondhand goods. repealina Ch. 79
The City Attorney presented Ordinance #5149-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5149-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Aye~": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysu: None.
ITEM 175 ~ Ordinance #5150-91 - RelatinQ to auction sales of jewelr~J orecious
stones and bric-a-brac. reoealinQ Ch. 80
The City Attorney presented Ordinance #5150-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5150-
.
CCmtg
11/21/9.1
20
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91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysu: None.
ITEM 176 - Ordinance *5151-91 - Relatina to Qift certificates and COUDOn
Rooks. repealing Ch. 81
The City Attorney presented Ordinance #5151-91 for first reading and
read it by title only. Commissioner Nunamaker moved to pass Ordinance '5151-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5152-91 for first reading and
read it by title only. Commissioner Berfield moved to pass Ordinance 15152-91
on f'irst reading. The motion was duly seconded and upon roll call, the vote
was:
IlAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
ITEM #78 - Ordinance 15153-91 - Relatinq to city charter; proposing amendment
to Sec. 8.04 relating to nominations of candidates for city commission, to
provide that qualifying fee and petition cards are to be received by the City
Clerk not less than 46 days, rather than 35 days, prior to date of election:
providing for special election to be held in conjunction with regular city
election in order to submit proposed city charter amendment to voters
The City Attorney presented Ordinance #5153-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15153-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #79 - Ordinance #5154-91 - Relating to Administration of City, creating
Sec. 21.04 regarding departments of City, repealing Ch. 28 re: same
The City Attorney presented Ordinance 15154-91 for first reading and
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read it by title only. Commissioner Berfield moved to pass Ordinance 15154-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
Resolutions
ITEM #80 - Res. #91-42 - Assessing prooertv owners the costs of mowina or
clearina owners' lots
The City Attorney presented Resolution 191-42 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #91-42 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
UAyes": Regulski, Nunam~ker, Fitzgerald, Berfield and Garvey.
IINaysu: None.
Other City Attorney Items
ITEM #81 - Authorization for settlement - Countrvside Christian Center v. City
The City has negotiated a settlement agreement with Countryside
Christian Center. This is the second of the two lawsuits challenging the
City's sewer/annexation policy. The City has settled the other one, and this
is the only one still pending. This settlement is structured like the
settlement of the Cornerstone Communities case.
Under the terms of this agreement, development of the property will
continue under a site plan approved by Pinellas County. The differences
between the site plan and City requirements are: 1) Parking: 1,000 spaces
would be required under City requirements, and 916 spaces are provided. One
loading space would be required and none is provided: and 2) Open Space for
the entire site: 25% would be required, and 19.97% is provided.
The essential terms of the agreement are as follows: 1) Countryside
Christian Center (CCC) will have until June 30, 1994, to apply for annexation:
if they do not apply by that date, the agreement itself will serve as an
annexation application: 2) The City will waive the annexation application fee.
The recreation impact fee does not apply because of the nonresidential use of
the property. The open space impact fee wi1l apply to new improvements after
annexation, but not to existing improvements. cec will pay the usual fees and
charges for utility services ~rovided by t~e City: 3) The City wi11 recognize
the approved site plan, and wlll adopt zonlng and land use categorles
appropriate to the use of the property and the uses shown on the site plan: 4)
The site plan will be deemed to expire as of December 31, 2000: 5) Although
development will be subject to the site plan during its life, the property
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will be subject to ordinances and regulations applicable to other properties
similarly situated or required to be adopted by state or federal law. This
includes codes adopted by the PCCLB for implementation countywide, including
the then-current editions of the standard codes and life safety codes; and 6)
This agreement will terminate the lawsuit, and each party will bear its own
costs and fees.
In deciding whether to approve this agreement, it is emphasized that
this property was served by an on-site sewage treatment facility which was
operational until Pinellas County took it as part of the McMullen-Booth Road
widening project. The state would not allow CCC to reconstruct it elsewhere
on their property. cce would have remained outside the City and would have
continued to develop under their approved site plan if these events had not
occurred. The City has not taken undue advantage of the duress cce was placed
in by the county and the state: this agreement is comparable to the settlement
of the other case.
Commissioner Fitzgerald moved to approve the settlement agreement with
Countryside Christian Center, Inc. The motion was duly seconded and carried
unanimously.
City Manager Verbal Reports - None.
Other Commission Action
Commissioner Berfield questioned when discussion of the East End Project
would be scheduled. The City Manager indicated this would be brought forward
shortly in conjunction with other items. She requested consideration of
providing additional parking in downtown.
Commissioner Regulski expressed concern that owners of private parking
lots downtown do not cooperate with others in the downtown to provide parking.
Mayor Garvey reported City employees contributed 3.5% more to the United
Way this year than last. She suggested people consider Holiday giving to
charities.
Adjournment
The meeting adjourned at 10:00 p.m.
ATTEST: .~.
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