11/05/1992 (2)
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CITY COMMISSION MEETING
November 5, 1992
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, November 5, 1992 at 6:00 p.m., with the following members present:
Rita Garvey
Richard Fitzgerald
Lee Regulski
Sue Berfield
Arthur X. Deegan. II
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mary K. Diana
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church.
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In order to provide continuity for research. the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
Susan Stephenson, Documents and Records Supervisor, City Clerk Department,was
presented The Employee of the Month Award for October, 1992.
ITEM #4 - Introductions and Awards
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A Citation of Appreciation was presented to Bruce Cardinal for service on the
Municipal Code Enforcement Board.
ITEM #5 - Presentations - none.
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ITEM #6 - Minutes of the Reaular Meeting of October 15. 1992
Commissioner Fitzgerald pointed out the word "with" in the first paragraph, last
sentence on page 7 was omitted. The minutes will be corrected to reflect this change.
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Commissioner Fitzgerald moved to epprove the minutes of the regular meeting of
October 15, 1992, as corrected. The motion was duly seconded and carried unanimously.
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A recommendation was made to include the standards for approval in the motion
when granting future sign variances. Consensus was to include these standards in future
motions.
ITEM #7 - Cltiz~ns to be heard Fe items not 011 the Aaenda
Michael Nerdv, representing the Sand Key Civic Association and Ed Armstrona.
representing Key Investment Group, spoke in opposition to spending impact fees collected
on Sand Key for purchase of Drew Street property. It was felt this money should be used
to purchase property on Sand Key in order to meet parking requirements for beach
renourishment.
The City Manager stated the proposal is to replace the more restrictive impact fee
monies with less restrictive Penny for Pinellas funds. He indicated about one-half of the
impact fees collected on Sand Key would be needed to purchase the 3.8 acres proposed to
be purchased. He indicated a request to purchase this property would be on the December
3, 1992 agenda.
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Frank Bowmer requested reconsideration of Bayview Baptist Church Site Plan. He
felt the zoning of public/semi-public was inappropriate and not consistent with the
comprehensive plan. He also alleged misrepresentations on the site plan. He said the
church has not been properly maintained and has removed approximately 50 trees from
the site which has resulted in a drainage problem.
Paul Shuman and JoAnn Watson complained regarding the work done on the
rehabilitation of their homes. They requested review of the loan program.
Tom Selhorst requested assistance in obtaining rezoning and/or variances he needs to
reopen his business(es) along the Pinellas Trail.
Fred Thomas. representing the Clearwater Beach Association, distributed copies of
the book, "$easide." to the Commission indicating this is one of the best works he has
seen on community planning. He requested a straw ballot regarding the use of the Maas
Brothers property bB placed on the March ballot.
j3rian Morris expressed concern regarding the sign code being discriminatory. He
requested all existing signs be grandfathered.
Steve Saliga requested the minority on the Maas Task Force be empowered to work
with staff to come up with the best solution for the Maas Brothers property.
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PUBLIC HEARINGS
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ITEM #8 - Public Hearing - Res. #92-60 - ~uthorizina the olacement of lions on Drooertles
for unoaid utilitv bil\$ (AS)
The property owners noted on the lien proposal listing have delinquent accounts
with the utility system for amounts over $100.00. The Utility Customer Support Division
has notified these property owners of their indebtedness and the fact the City may file a
lien on their property for the amount of the delinquent account.
The property owners have also been notified by the City Clerk of the Public Hearing
regarding their indebtedness.
The City Attorney presented Resolution #92-60 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #92-60 and authorize the
appropriate ofticials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey.
ItNays": None.
ITEM #9 - Pubfi9 Hearing - Vacating Dortion of Pinellas Street. lying E of Lincoln Ave.. S of
Lot 40 and N of Lot 41 of Oakland Heights Sub, (Auto Clinic by J&M Corp. V92-17)(PW)
. This portion of Pinellas Street is one block long, connects Adams Avenue with
Lincoln Avenue and is located on the east side of Sears Town. The applicant has an
awning that was built into the existing right-at-way of Pinellas Street. The applicant is
requesting the City to vacate the existing 60 foot right-of-way of Pinellas Street lying
south of Lot 40 and north ot Lot 41, Oakland Heights Subdivision.
The petition has been reviewed by various City Departments and Divisions
concerned. The Engineering Division objects to this vacation request. The Transportation
Group recommends denial because the access for the residences along Adams Avenue
would be in excess of 1,200 teet. The Planning and Development Department
recommends denial because it would create a nonconforming use and setbacks and
restricts access to the residential neighborh,ood to the east. The Building Official reports
the awning was built without permits and currently is being fined $25.00 per day for not
being in compliance with the Code Board. The Gas Department has an existing 2 inch gas
main in the right-at-way of Pinellas Street and has no objections to the vacation request
provided full width is maintained as a Utility Easement. Engineering objects to this request
because it would leave Adams Avenue with one access point, that being from Lakeview
Road. All other departments and divisions concerned have no objections.
If this vacation is considered, the County should vacate their portion lying south of
Lot 16 and north of Lot 15, Oakland Heights Subdivision.
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The three utility companies have no objections to the request provided it be
retained full width as a Utility Easement.
Commissioner Deegan moved to deny the request to vacate the right-of-way of
Pinellas Street lying south of Lot 40 and north of Lot 41 in the Oakland Heights
Subdivision. The motion was duly seconded and carried unanimously.
ITEM #10- Public Hearing & First Readino Ords. #5292-92. #5293-92 & #~294-92 *
Anne?(ation. land Use Plan Amendment to Low Densitv Residential and RS-8 Zonino for
proDertv located at 1867 East Dr., Clearwater Highlands Unit A, Blk A, Lot 2 (lee A91-11 ,
LUP91-12HPLOl
The lot is one of thirteen lots, in a developed single family area, forming a County
enclave within the City. The Commission requested that the owners of the other
properties in the enclave be canvassed to see if they would be interested in annexing at
this time. This was done, and the result was there are no additional requests for
annexation from this enclave. Three of the owners did express an interest, but the cost of
sewer impact fee and sewer assessment were prohibitive for these senior citizens. They
have opted to wait until their septic systems fail before annexing.
The applicant's lot is contiguous to the City along its front and rear property lines.
It is proposed to give the applicant's property the same land Use Plan Classification and
zoning as the other properties in Clearwater Highlands which are in the City, low Density
Residential and RS-B.
. The County and Countywide Future Land Use classifications for this lot is Low
Density Residential (5 u.p.a.max.), a less intense maximum density than the least intense
City classification, Low Density Residential (8 u,p.a.max.). Pinellas County Planning
Council review of the City's proposed Future Land Use Classification will be required.
The Planning and Zoning Board approved this application at their October 13, 1992
meeting.
Commissioner Fitzgerald moved to approve annexation, a Land Use Plan
Amendment to Low Density Residential and RS-8 Zoning for the subject property. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 1t5292-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5292-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfleld, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5293-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5293-92 on first reading.
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The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5294-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5294-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
ITEM #11 - Public Hearina & First Reading Ords. #5288-92. #5289-92 & #5290-92 -
Annexation. land Use Plan Aroendment to Medium Densitv Residential and RMH Zonino
for orODertv located at 2975 Gulf-to-Bav Blvd., Bay Breeze Trailer Park, William Brown's
Sub. of Bayview, Lot 17 and part of Lot 2, approx. 2.4 acres (Kirkpatrick A92-11, LUP92-
1 8)[PLD)
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This request for annexation is for the portion of Bay Breeze Trailer Court not
currently in the City, except for the recreational area on the bay side of the trailer park.
This latter area will be the subject of an agreement between the City and the applicants,
which will require this property to be annexed within the next five years. The applicants ,
arB requesting annexation in order to connect the remaining 29 unsewered mobile homes
to the City's sewer system. There is an existing City sewer line along the south side of
the property proposed for annexation which can provide service to the mobile homes on
the property to be annexed.
The Department of Public Works is working with the applicant to see what, if any,
improvements must be made in his on-site collection system prior to connecting the
remaining portion of the trailer park into the City's sewerage system.
Rogers Street, a dedicated street. passes through the property proposed for
annexation. The abutting portion of this street will be annexed with the applicants'
property.
On October 13, 1992, the Planning and Zoning Board recommended approval of the
request.
The County and Countywide Future Land Use Classification for this property is Low
Medium Density Residential (10 -u.p.a.max.) whereas the proposed City Future Land Use
Classification for this parcel is Medium Density Residential (16 u.p.a.max.J. The proposed
Land Use Classification will be subject to review by the Pinellas Planning Council.
Ultimately, the property will be included in the residential low medium category on both
the City and countywide plans as part of the consistency program.
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Commissioner Berfield moved to approve annexation, a Land Usa Plan Amendment
to Medium Density Residential and RMH Zoning for the subject property. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance 115288-92 for first reading and read it by
title only. Commissioner Regulskl moved to pass Ordinance #5288-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski. Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance 115289-92 for first reading and read it by
title only. Commissioner Regulski moved to pass Ordinance 1/5289-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5290-92 for first reading and read it by
title only. Commissioner Regulski moved to pass Ordinance 115290-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM 1/12 . Public !:Iearing & First ReadinQ Ords. #5286-92 & #5287-92 - Land Use Plan
Amendment to Commercial Tourist Facilities. CPO Zoning and Final Site Plan for property
located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated
Pinellas Groves easement in Sec. 1-29w15 (Sun Bank of Tampa Bay LUP92-14, Z92-
OS)(PLD)
CPO zoning is requested in order to permit the development of the property as a
gas station/convenience store. such development to be carried out in accordance with the
approved site plan. Also. CPO zoning would enable the City to restrict the potential uses
of the property to those specifically requested.
Prior to this development proposal, the subject property was used as a bank with
drive-through teller lanes. The bank facility has been vacant and unoccupied for several
years. The applicant proposes to raze the existing bank building and construct a gasoline
station/convenience mart with a car wash/storage facility. The applicant desires to obtain
a conditional use for package alcoholic beverage sales at a later date.
The subject property is located at the southwest corner of Sunset Point and Belcher
Roads. Belcher Road is identified as a scenic/noncommercial corridor on the Countywide
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Land Use Plan. This designation is intended to preclude commercial land use plan
amendments under the countywide rules unless "specifically determined to be consistent
with the purpose and intent of such corridors through the plan amendment process."
The Pinellas Planning Council (PPC) is reviewing its scenic/noncommercial corridor
requirements. Under the preliminary draft of the PPC study, according to the applicant,
"The section of Belcher Road between Sunset Point Road and State Road 60 was
recommended ... for inclusion in the Enhancement Corridor".
The draft study states Enhancement Corridors" are areas which are no longer
worthy of 'scenic' status, but in which new development should be encouraged to develop
in a manner which will enhance the visual aesthetics of the corridor." At the current timo
the proposed CPO zoning is a violation of the PPC rules for scenic/noncommercial
corridors.
The City's policy on these corridors dates from October 20, 1977 when the
Commission adopted Resolution 1177-106 establishing certain roadways as
scenic/noncommercial corridors. Belcher Road, from Belleair Road to Curlew Road, was
listed. However, the City's Comprehensive Plan, adopted in November, 1989, listed only
only Memorial Causeway, Edgewater Drive, Courtney Campbell Causeway and Bayshore
Boulevard as scenic/non-commercial roadways and did not include Belcher Road.
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A review of the surrounding zoning configuration reveals that three of the corners
at the Sunset Point/Belcher intersection are developed as other than "open space", rural
estate, suburban, and low density residential", one of the purposes included in the ppe's
special rules. scenic/noncommercial corridors. The north~ast corner is developed as a
mixed use (commercial/office) complex. The northwest corner is undeveloped, but is
zoned by the County as Residential Planned Development (RPD-7.5) and the portion of this
parcel directlv north of Sunset Point Road is occupied by Beckett Lake. The southe~st
corner is an office complex (OPD). This GPO zoning appears to have been established to
reflect the scenic/noncommercial corridor issue, as well as to protect surrounding
residential development. The property adjacent to the applicant's on the south and west is
in the County and has been developed as a mini-warehouse storage facility. The land to
the south of the storage facility on the west side of Belcher to south of the railroad.
Palmetto Avenue, has a land use classification of Industrial except for the portion occupied
by the City's fire station (P/SP).
Due to road improvements to Belcher and Sunset Point Roads, right-of-way has
been acquired from the subject property on the north and aast sides of the property,
consequently reducing the site area for perimeter landscaping and above-ground
stormwater pond retention, The applicant is proposing to construct perimeter landscaping
in excess of City Code requirements, as well as a stormwater vault to be maintained by
the proposed business owner.
Belcher Road appears to have adequate capacity for this proposal and is functioning
at Level of Service "e" with most the traffic being passer-by trip clientele.
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On October 13, 1992, the Planning and Zoning Board recommended the
Commission approve the Future Land Use Plan Amendment to Commercialrrourist
Facilities and CPO Zoning subject to the following conditions: 1) The only permitted uses
for this site shall be a) gasoline stations, b) indoor retail sales; and c) accessory uses, and
the only allowable conditional use shall be alcoholic beverage sales (package sales); 2)
Landscaping shall be installed as proposed on the preliminary site plan, as may be modified
with the concurrence of the Development Review Committee, in keeping with the
County's consultant's proposal that this section at Belcher Road be designated as an
"Enhancement Corridor". Such landscaping shall meet or exceed Code requirements; 3)
The applicant shall execute a utility and maintenance agreement with Pinellas County to
install and maintain landscaping in the pUblic right-at-way consistent with the submitted
site plan; and 4) If necessary, the applicant shall obtain any needed variances from the
Development Code Adjustment Board.
In response to a question, it was indicated staff did not view Belcher Road as a
scenic corridor in 1989; it was identified as such on the countywide plan.
Ted Taub, representing Sun Bank, said the property has been vacant for several
years and will be developed by the Shell Oil Company. He felt the proposal would be an
enhancement to the area.
In response to questions, it was indicated the property adjacent to the applicant's
on the south and west is in the county and includes the mini-warehouse facility.
Trish Muscarella, representing Shell Oil, gave the history of the site indicating the
property was developed when the Commission's policy on scenic/non.commercial corridors
was in effect. She said nothing on the site corresponds with the ucorridoru policy. King
Engineering, the County's consultant, is recommending S.R. 60 and Belcher Road for
inclusion in the enhancement corridor; however, the final decision would take at least a
year. Ms. Muscarella fOllnd the proposal to be the most scenic in the area indicating their
plan includes landscaping the right-of-way and providing a 10-toot buffer from the edge of
the site to the impervious area. She said they would be executing a utility and
maintenance agreement with PineJlas County.
Steve Henry, Shell Oil, reviewed the improvements proposed indicating this would
be a typical station with a convenience store and a car wash. One access would be
provided on Sunset Point Road with ioint access from Belcher Road. He said the applicant
is proposing to provide additional landscaping and to construct a stormwater vault, both
exceeding the requirements for this site. Two lower level monument type signs will be
erected.
Discussion ensued in regard to the proposed landscaping. It was indicated
landscaping is proposed for the right-of-way areas in front of the parcel with a 3-foot solid
hedge along Belcher Road continuing to the existing driveway. In response to a question, ,
it was indicated the intent is to put in plantings that will reach the density and height
shown on the site plan within one year.
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Mr. Henry gave a traffic comparison between the proposed facility and the previous
bank facility indicating there will be less of a demand with the current proposal as a much
higher percentage of trips utilizing this facility will be "passer-by" trips.
Mr. Taub said the project was well planned exceeding all standards and will have no
negative impacts and is consistent with the zoning in the area.
In response to a question, Ms Muscarella stated all landscaping requirements have
been met and only a parking variance will be needed,
A question was raised regarding the county taking extra right-of-way and it was
indicated this was to accommodate a 12-inch waterline.
An opinion was expressed limited office zoning would be more appropriate.
Some Commissioners felt the proposed landscaping would be an enhancement to
the area. It was felt if this is approved, conditions should be added that there be no
additional driveway cuts and that the hedge reach proposed density and height within one
year. The applicant was commended for constructing a stormwater vault and it was
suggested other developers be encouraged to consider this concept.
Commissioner Regulski moved to approve a land use plan amendment to
commercial tourist facilities, CPO zoning and final site plan for property located at 2201
Sunset Point Rd., Sec. 6.29~16, M&8 32.01 and portion of vacated Pinellas Groves
easement in Sec. 1-29-15 for Sun Bank of Tam pa Bay subject to 1) Signs and
fencing/walls are subject to separate review and permitting processes; 2) Conditional use
permit request for alcoholic beverage sales shall be submitted prior to certification of the
final site plan; 3) Site lighting structures shall not exceed 18 feet in height (same as
building heights) and shall be directed away from rights-of-way and adjoining properties; 4)
Open space requirements shall meet Neighborhood Commercial standards: 30 percent of
lot, and 55 percent of front yard; 5) Storm water calculations, retention area and
storm water vault details shall be submitted prior to ORe review; 6) Soils information
relating to the stormwater vault performance shall be required prior to ORe review; 7) A
landscape plan shall be submitted prior to DRe review; 8) The applicant shall obtain
approval from the Commission to amend the land use plan to Commercialrrourist Facilities
and amend the zoning district to CPO; 91 As part of the CPO application, the applicant
shall submit elevation drawings illustrating how the site will look. after completion of all
site work; (10) A 3-foot above grade solid hedge of sufficient density to obscure the site
within one year of planting shall be installed; and (11) No additional driveway cuts along
Sunset Point and Belcher Roads shall be permitted. The motion was duly seconded.
It was noted for the record that the extra efforts to screen the site from Belcher
Road was in keeping with the requirements and intent of a "scenic corridor."
Upon the vote being taken, Commissioners Regulski, Fitzgerald, Barfield and
Deegan voted "aye;ft Mayor Garvey voted I'nay," Motion carried.
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The City Attorney presented Ordinance 115286-92 for first reading and read it by
title only. Commissioner Regulski moved to pass Ordinance 115286-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald. Berfjeld and Deegan.
"Nays": Garvey.
The City Attorney presented Ordinance 115287-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance 115287-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield and Deegan.
"Nays": Garvey.
The meeting recessed from 7:52 p.m. to 8:05 p.m.
ITEM #13 - eCont. from 10/15/921 Amendments to the CDBG Final Statement for 1990-91
(PLD)
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As a result of the monitoring visit by the U.S. Department of Housing and Urban
Development (HUD), the City was required to make several revisions to the 1990-91
CD8G program. These revisions will categorize expenditures for in fill housing into
component categories which are consistent with the HUD reporting system and directives.
All of the funds expended under this grant were authorized by the Commission.
Housing rehabilitation funds had been carried over as special project balances from prior
years. HUD has requested that carry-over balances be shown as part of the current year's
budget: this is the reason for the apparent increase of rehabilitation funding of $159,275.
Three activities proposed are relocation, demolition, and acquisition. Relocation and
demolition address the City's local option program which was implemented to rebuild one
unit in the North Greenwood neighborhood during 1 990-91. Acquisition funds were spent
in furtherance of the Infill Housing Development Program.
A further formal amendment is required to recognize the Commission's action of
November 15. 1990 which revised the scope of services applied to the funding granted to
the Homeless Emergency Project.
The Neighborhood Advisory Committee recommended approval of these proposed
amendments at their meeting of October 20, 1992.
Commissioner Berfield moved to approve the amendments to the 1990-91 CDBG
Final Statement Description of Use of Funds., The motion was duly seconded and carried
unanimously.
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ITEM # 14 - (Cant. from 10/1 5/92) Amendments to the COSG Final Statement for 1991-92
(PLD)
Staff has reviewed the COSG expenditures for 1991-92 in preparation for the
Grantee Performance Report. Several areas of expenditures should be reclassified to
conform to the requirements of the Department of Housing and Urban Development (HUO).
HUD requires that eligible expenditures In support of new construction be classified based
on the activity, rather than the end use. For example, installation of streetscape
improvements for infill housing must be classified as a public facility improvement, instead
of infill housing development as previously stated. The requested increases for public
facility and land acquisition and disposition are inflll housing support activities. Direct City
funding of surveys and appraisals remains as a City infill housing activity.
Previously, reconstruction of dilapidated housing. units under the City's local option
program was classified under the general category of rehabilitation. The City's
expenditures for this activity are recommended to be reclassified as demolition ($2.000)
and relocation ($38.000).
In order to maintain a 1991-92 year budget which reflects actual encumbrances.
staff requests that $40,000 be transferred into the 1991-92 budget. Adequate funds are
budgeted in code 181-1-9453 (Infill Housing Development '90) to support this allocation.
The first quarter review will provide for these project amendments as detailed In the Final
Statement.
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The Neighborhood Advisory Committee recommended approval of these proposed
amendments at their meeting of October 20, 1992.
Commissioner Fitzgerald moved to amend the 1991-92 CDSG Final Statement to
reclassify activities and to increase overall funding by $40.000. The motion was duty
seconded and carried unanimously.
ITEM #15 - Public HearinCl - Revised Citizen Participation Plan for the CDBG orogram (PlD)
Federal Statutes require each COSG recipient to adopt and follow a plan to provide
for citizen participation in the allocation of funds and operation of the CDSG program. The
City has had a program since the inception of this requirement was established. This plan
was last amended in 1989 to comply with revised Federal regulations. The substance of
the plan has not been revised, however, the text has been condensed for clarity. The plan
presented for adoption conforms to Federal regulations, provides updated advertising
specifications and has been reduced in length for clarity.
This plan retains a 12 member Neighborhood Advisory Committee with
representatives from North Greenwood, South Greenwood, East Clearwater/Condon
Gardens and the community at-large. The plan also includes an illustrative schedule of
advertisements and public hearings required to be held during the annual CDSG cycle.
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On October 20. the NAC recommended approval of this plan. Citizen comments
received by the Community Development Division recommended the City make additional
efforts to reach non~literate and non-English speaking people and establish a "community
outreach" person to make personal contact with such persons. The NAC has specifically
asked that required ads be placed in the St. Petersburg Times instead of the Tamoa
Tribune. They felt that the Tribune did not provide adequate effective notice to persons
who may be affected by COBG programs.
A citizen expressed concern East Clearwater had no representation on the
Neighborhood Advisory Committee (NAC) at this time. She urged the City to consider
NAC's recommendation of advertising in the St. Petersbura Times as she felt this
newspaper reached more citizens. She also expressed concern regarding the City's
rehabilitation loan process. She indicated the need to review the entire process and the
importance of NAC monitoring the program.
It was pointed out the Tampa Tribune is substantially less expensive than the ~
P~tersburg Times. It was felt more effective means could be used to notify the public of
the COBG program.
Mr. Polatty pointed out COBG funds could be used to pay for advertising.
Discussion ensued in regard to review of the rehabilitation loan program. Ouestions
were raised regarding whether all rehab projects are with registered contractors and if
those contractors are in control of the project. Information regarding when an outside
report regarding the rehab program would be dona was requested.
Commissioner Deegan moved to adopt the revised Citizen Participation Plan for the
COSG Program, deny the Neighborhood Advisory Committee's recommendation to use the
St. Petersburg Times for advertising and delete No. 7 in the Citizen Involvement Process
on page 6 of the plan. The motion was duly seconded and carried unanimously.
Regarding advertising, a request was made the NAC test to see if it is getting to the
desired audience and if not, what can be done to make sure it does.
A request was made the Community Relations Department be contacted regarding
possible nominees for the NAC East Clearwater representatives.
ITEM U1 6 p Public Hearing p Promam Amendment Criteria to govern operation of the CD8G
Qrogr(Jrn (PlDJ
Federal regulations governing citizen participation in the CD8G program require the
City to adopt program amendment criteria. These criteria specify the nature and
magnitude of program amendments which require review by the Neighborhood Advisory
Committee (NAC), a public hearing and formal transmittal to the Department of Housing
and Urban Development.
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The NAC reviewed similar criteria in January, 1990. The program has been
operating under similar criteria since their acceptance by the NAC, however, they were
never formally adopted. These criteria were revised from the 1990 version to more
precisely specify the circumstances which require a public hearing prior to program
amendment. The NAC met on September 29, 1992 and recommended approval of these
program amendment criteria.
Commissioner Berfield moved to approve the program amendment criteria to govern
operation of the COSG program. The motion was duly seconded and carried unanimously.
JTEM #17 w Public Hearing - Uohold decision of Building Official bv Res. #92-66 - to
demolish orooerty located at 905w907 Hart Street (a/k/a Plaza Park Sub.), Blk C, Lots 15 &
16) if owner fails to repair or demolish structures within 30 days [PlD)
The applicant requested this item be continued.
Commissioner Berfield moved to continue this item to the regularly scheduled
meeting of December 3, 1992. The motion was duly seconded and carried unanimously.
ITEM 1t18 w Variance to Sian ReQulations for prooertv (Shell Gas Stationllocated at 2000
Drew St.. Skycrest Terrace, Blk C, Lot 4 & part of lot 3 (Smith, Trustee/Shell Oil Co.
SV9 2-24) (PlD)
.
The applicant is requesting a variance to the sign setback requirements to allow the
replacement of a nonconforming sign with a new sign which conforms in all respects to
the current code requirements except for setback from the Hercules Avenue and Drew
Street rights-of-way. The subject property is located on the corner of Drew Street and
Hercules Avenue. Fronting on two thoroughfares, the property is entitled to two
freestanding signs. In lieu of two signs. the applicant is requesting a variance to allow a
single sign to be located at the southwest corner of the site.
The overall site design for the subject property does not allow the location of a
single freestanding sign visible from both street rights-of-way in a conforming fashion
without blocking site access due to the location of the existing driveways. It appears that
freestanding signs could be located in a conforming fashion along the east and north
property boundaries; this would require the erection of two freestanding signs to allow
freestanding signage visibility from both streets.
Granting the variance will reduce the potential for sign clutter at this important City
intersection. The applicant has demonstrated that the standards for variance approval
have been met. The site design creates a unique. hardship situation, and the applicant is
requesting a minimum variance by restricting the request to a single freestanding sign.
Mark Paules. representing the applicant, state~ the sign is being relocated in the
safest and most logicalloca~ion and conforms with current code requirements except for
setback. He noted the existing four-sided rotating sign will be removed,
.
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In response to questions. Mr. Paules stated a zero foot setback Is being requested
to facilitate the design of an existing caisson footer. He did not know the distance of the
polo from the property lines.
Discussion ensued in regard to the consideration of a larger foundation for the sign
and locating the caisson deeper. Concern was expressed regarding gas tanks in the area
and traffic circulation due to the tight configuration of the site.
The owner said he has operated the station for five years and feels the sign is being
placed in the safest location.
Commissioner Regulski moved to approve a variance of five feet to permit a
freestanding sign to be located zero feet from the Drew Street and Hercules Avenue rights-
of-way for the subject property based upon the applicant relinquishing the right to have
two freestanding signs and in consideration of safety subject to the following conditions:
1) The requisite sign permit shall be obtained within 2 months from the date of this public
hearing; 2) No additional freestanding signage shall be permitted for this property; 3) The
sign shall be located as indicated on the site plan and shall conform to the sign height and
area as indicated in the application materials; and 41 The sign's location shall be approved
by the Traffic Engineer for compliance with sight distance requirements. The motion was
duly seconded and carried unanimously.
ITEM #19 - Variances to Sign Reau'ation~ for orooertv (Stewart Title of Clwr) located at
1290-92-94 Court St., Hibiscus Gardens Sub.. Blk 0, lots 35A and 36 and vacated street
on east (Smoyer SV92-28HPLD)
The applicant is requesting two variances to permit the modification of an existing
freestanding sign.
There was discussion regarding whether the sketch included with the application
was correct.
Margery Smoyer requested the item be continued to allow her husband time to
recover from a hospital stay in order to present the request.
Commissioner Berfield moved to continue this item to the scheduled meeting of
December 3, 1992. The motion was duly seconded and carried unanimously.
ITEM #20 . Alcoholic Beveraae Seoaration Distance Variance for property (Joel n' .Jerry's)
located at 23654 US19N, See, 6-29-16, M&B 41.01,41.02,41.04,41.05 and 41.06
(Branch Sunset Assoc. Ltd. AB92-16HPlD)
The applicant is requesting a variance of 200 feet to permit an alcoholic beverage
establishment with a 2-APS license zero feet from similarly licensed establishments within
the Sunset Point 19 Shopping Center. The subject property ,is known as Joel n' Jerry's
Deep Deep Discount Store.
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Within this shopping center are 3 other alcoholic beverage establishments. Both
Eckerd Drug Store and Publix have a 2.APS license and the Sunset Super Sub sandwich
shop has a 2-COP license.
On September 29, 1992, the Planning and Zoning Board approved a conditional use
for the 2-APS license subject to the following conditions: 1) Prior to the issuance of an
occupational license; the applicant shall provide the required minimum 10 foot landscape
buffer strip along the US 1 9 right-of-way extending from the new 1 5 foot wide buffer as
shown on the site plan; to the north side of the southern entry to the parking lot; 2) The
applicant shall obtain the requisite occupational license within six months from the date of
this public hearing; and 31 The required separation distance variance shall be obtained from
the Commission. '
The applicant appears to have met the standards for variance approval since the
subject request, If located on a separate parcel; would conform to Code requirements for
distance separation. This situation is unique and creates a hardship for the applicant. The
request appears to be the minimum necessary to resolve the hardship.
Commissioner Fitzgerald moved to approve a varianca of 200 feet to permit
alcoholic beverage sales zero feet from similarly licensed establishments for the subject
property due to the hardship of being part of an existing shopping center and the actual
separation distance is greater than 200 feet. The motion was duly seconded and carried
unanimously.
Item #21 Is not a public hearing: it is listed in this order to allow its consideration along
with Item #22.
ITEM #21 - Preliminarv Site Plan for Pelican Waif<. located on the E & W side of Mandalay
~, between San Marco St. & Poinsettia Ave. (B.J.E; Inc.)(PLO)
The applicant is proposing a major redevelopment plan in the Beach Commercial
zoning district of Clearwater Beach. The preliminary plan proposes the removal of 17,820
square feet of buildings; with 24,357 square feet of buildings to remain (including the drug
store site). New construction will create a proposed addition of 39,500 square feet;
including the retail ground floor and second floor. Total floor area for the development will
be 64;657 square feet which includes a proposed 800 square feet for outdoor seating at
the Ocean Garden Restaurant.
The eastern portion of the proposed plan includes the expansion of the existing
Eckerd Drug Store by 3,900 square feet for a total of 13;900 square feet and the
construction of a two story retail building, all with a proposed height of 35 feet and a
ground level ped,estrian plaza fronting on Mandalay Avenue. Parking for the proposed
development totals 170 spaces and will be located in the rear of the drug store and retail
shops fronting on Baymont Street with walk-through access between the buildings for
pedestrian access. A setback variance for the building along Mandalay Avenue will be
required.
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The improvements to the west side of Mandalay Avenue Include the remodeling of
the former Pelican Restaurant with outdoor seating and on.site parking. Revisions to the
plan to reflect the new parking spaces to be constructed as part of the outdoor seating
project for the restaurant will be necessary.
Parking for the several separate developments in this project will be conforming
upon execution of a Unity of Title and the completion of the minor site plan revisions
discussed above. Other Land Development Code requirements will be met upon obtaining
of the setback variance.
Planning & Development Director James Polatty stated a conditional use was
approved by the Planning & Zoning Board for Ocean Garden. At Monday's work session
the Commission requested staff research the Planning & Zoning Boardfs conditions
concerning entertainment at the Ocean Garden Restaurant. There were no restrictions
placed on indoor entertainment, the restriction addressed outdoor entertainment only.
If indoor entertainment is of concern, staff is recommending the condition that
entertainment shall be restricted to indoor operation only, shall conform to the City's noise
ordinance, and, If live entertainment is to be used, such entertainment shall be restricted to
acoustic instruments only. Concern was expressed by the applicant's attorney restricting
the entertainment to acoustic instruments.
It was requested the site plan for Pelican Walk be addressed prior to action on the
alcoholic beverage variance.
. The City Manager reported a unity of title between the two parcels would lessen
the parking requirements. Mr. Po/atty Indicated a front setback variance will be required.
Steve Fowler, architect representing the applicant, stated a landscape variance
regarding the type of trees is being considered, and in response to a question, he indicated
the project will be in keeping with the tropical theme recommended by the Clearwater
Beach Blue Ribbon Task Force.
A question was raised if a second floor would be added to the drug store and it
was indicated only cosmetic improvements would be made to the building.
Commissioner Regulskl moved to approve the preliminary site plan and authorize
the ORC to approve a final site plan subject to the preliminary conditions as follows: 1 )
Signs and fencing/walls are subject to separate review and permitting processes; 2) Site
Plan should be revised to reflect the 10 parking spaces to be added at the Ocean Garden
Restaurant site and the associated restrlping of the existing parking at the restaurant; 3) A
Unity of Title shall be required linking all properties together as a single development; and
4) Any required variances shall be obtained from the Development Code Adjustment
Board. The motion was duly seconded and carried unanimously.
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ITEM #22 - (Cont. from 10/1/92) Alcoholic Beverage Seoaration Distance Variances for
cropertv IOcean Garden Rest.) located at 410 Mandalav Ave" Clearwater Beach Park, Lots
43-38 and part of Lot 64 & Lots 65-71 (Pelican Two, Inc. AB92-12)(PLO)
This item has been continued several times to allow its consideration
simultaneously with a site plan for several parcels under the same or similar ownership in
the vicinity of the restaurant.
Approval of the request will allow an expansion of an existing 4-COP establishment
to create 800 sQ.ft. of outdoor seating area along Mandalay Avenue. The establishment
has an inside seating capacity of 330 people, and subject to the granting of the requested
variances, will have additional outside seating for 53 persons. Staff supports outdoor
seating on Clearwater Beach because it promotes a desirable pedestrian ambiance.
Because this is a small expansion of an existing alcoholic beverage use, staff does not
consider it to be contributing to a proliferation of such esta6lishments.
At their meeting on July 14, 1992. the Planning and Zoning Board approved a
conditional use permit for the applicant's expanded service area subject to the following
conditions; 1} The proposed outdoor use area shall not exceed 800 sq. ft. and the interior
use area shall not exceed 9f 100 sq.ft.: 2) Outside seating shall be limited to 53 people; 3)
The 31 on-site parking spaces shall be in accordance with the requirements of the
approved site plan; 4) Within 60 days of this public hearing, the dumpster shall be
relocated to a site approved by the City's Solid Waste Division and screened; 5) The
applicant shall obtain the requisite separation distance variances from the Commission; 6)
There shall be no outdoor speakers or entertainment; and 7) Off-site parking for this use
shall continue to be provided as in the past.
As part of the motion. the Board included the following language: "The Board
agrees that this approval is an instrument that will assist in the development of Clearwater
Beach and not an escape to the existing parking problem." The parking problem will be
resolved through the combination of this site with the proposed redevelopment on the east
side of Mandalay Avenue through a unity of title.
The applicant's property is located in two separate zoning districts. The zoning of
the property fronting on Mandalay Avenue is Beach Commercial while the lots fronting on
Gulfview Boulevard are zoned CR-28, which is considered a residential 20ne for alcoholic
beverage separation requirements. The proposed outside service area will be within 70
feet of the property zoned CR.28. The Waterfront Pizza Restaurant is located 92 feet
from the applicant's establishment.
With the submittal of a preliminary site plan, it appears that sufficient parking could
be provided in order to meet the parking requirements for both the Ocean Garden
Restaurant, the new retail space associated with the redevelopment project and several
other small retail areas in the vicinity which are under the same ownership as the
restaurant and off-site parking area. Provision for shared parking for these uses should be
a condition of approval of the proposed site plan.
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Staff sees the parking issue in an advanced state of resolution and recommends
proceeding with the alcoholic beverage separation distance variance roquest.
The City Manager felt it would be difficult to enforce restricting entertainment to
acoustic instruments only indicating the noise ordinance could be used effectively as a
means of control.
Concern was expressed regarding "night club" entertainment. tn response to a
question, it was indicated the present COP license was already in place with the previous
establishment.
Bill Kimpton, attorney representing the applicant, stated the applicant has a good
track record and this establishment will be part of an expensive redevelopment project
which has the support of the Clear~ater Beach Association.
Fred Thomas, representing the Clearwater Beach Association, said a presentation
had been made to the association for both the Pelican Walk and Ocean Garden projects
and received 100 percent support. They had no problem with outside music until 11 :00
p.m.
A question was raised if the applicant had been questioned rather excessively at the
association meeting, and it was indicated concern had been expressed regarding raucous
noise and the type of entertainment being considered. The association wants to maintain
a certain tldignity" on the beach.
. Concern was expressed regarding the use of the property if the restaurant is no
longer leased by the current individual. It was indicated a change in business ownership
would require a new conditional use.
Discussion ensued in regard to indoor entertainment and it was indicated the noise
ordinance would help to control tha concern of raucous noise.
Commissioner Barfield moved to approve a variance of 230 feet to permit alcoholic
beverage sales 70 feet from a residential zone and a variance of 108 feet to permit
alcoholic beverage sales 92 feet from a similarly licensed establishment for the subject
property with clarification there be OQ outdoor speakers or outdoor entertainment. The
motion was duly seconded and carried unanimously.
tTEM #23 - Public Hearing & First Reading Ords. #5296-92 & #5312-92 - Comprehensive
Plan and Land Development Code Amendments - amending Objection 3.2.1. of the Future
Land Use Element revising the number of land use plan categories from 10 to 22 and
modifying densities and FAR's and establishing ISR's and Res. #92.69 - authorizing the
PPC to request amendments to the Countywide Plan for properties located within City
limits (ppe Consistency Program)(PLO) "
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Staff requested this item be continued to allow the Planning & Zoning Board to
reconsider their recommendation to deny as well as provide additlonallnformBtlon to the
City Commission. A joint meeting will be scheduled with the Planning & Zoning Board.
In response to questions. it was indicated the joint meeting will be handled like a
work session and the Pinelles Planning Council will be invited to attend.
Commissioner Regulski moved to continue this item to the scheduled Commission
meeting of December 3/ 1992. The motion was duly seconded and carried unanimously.
ITEM #24 - Public Hearing - Declare orooertv located at the SE corn~r of Franklin St. and
East Ave., Magnolia Park Sub., Blk 12, Lot 8, as surplus for purpose of leasing to the IAFF
(AS)
Questions were raised at the November 2nd work session regarding using this
house for a "safe house" in the N. Greenwood area. A request was made by staff to
continue this item to bring forward at the same time the Public Works item regarding
moving the house was agendaed.
Commissioner Berfield moved to continue this item to the scheduled Commission
meeting of December 3, 1992. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordjnanc8~
ITEM #25 - Ord. #5260-92 - Annexation for orooertv located at 3160 McMullen-Booth
fuL., Sec. 21-28-16. M&Bs 23.04, 23.05. 23.06/ 23.08 & 23,13, 17.35 acres
(McCullough A92-07)
The City Attorney presented Ordinance #5260-92 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5260-92 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
nAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #26 - Ord. #5285-92 ~ Vacating Spruce Avenue between 8lk 2 and Blk 3. J.H.
~ous~ Subdivision (Jimmie V92-07)
The City Attorney presented Ordinance #5285-92 for second reading and read it by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5285-92 on
second and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Regulski: Fitzgerald, Barfield, Deegan and Garvey.
"Naysn: None.
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It was noted code enforcement concerns on this property have been taken care of.
,
ITEM #27 - Ord. #5291-92 - Vacating Westerlv 3' of the landscBoe. drainage and utility
easement lying alona the E lot line of Lot 4. BraesJde elaee Sub.. 3418 Braeside Place
(BvronlTaylor V92-18)
The City Attorney presented Ordinance 115291-92 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance 115291-92 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
UNays": None.
CITY MANAGER REPORTS
CONSENT AGENDA {/terns #28-53i - Approved as submitted.
Aareements - Approved.
ITEM #28 - Indemnitv Agreement with Barnett Bank of Pinellas Countv. The Times
Publishing Comoanv and Channel 13. WTVT, relative to the 1992 Good life Celebration
and Games (PR)
ITEM #29 - Amend existing agreement with Pinelles County Board of County
Commissioners for engineering services with Dames &. Moore for relocation of City utilities
on Gulf Blvd., between Belleair Causeway and the Sand Key Toll Plaza, for an increase of
$15,932 for B new total of $39,832 (PW)
Bids & Contracts - Awarded.
ITEM #30 - Purchase of a T.O. Williamson Polvstooo Plunging Unit and associated fittings
from M.T. Deason Co.. Inc., Birmingham. AL. for $19.177.60 (GASl
ITErylII31 - Purchase of various steel gas materials from The Avanti Co.. FL. at an est.
$32.3~5.29; M.T. Deason. AL. at an est. $34.142.75: & Phillios EnoineerinQ Co., FL. at
an est. $ 57.674.55, for the period 11/6/92-11/5/93, for a total est. $124,142.59 (GAS)
ITEM 1132 - Purchase of 1 Vermeer 1250 Wood Chiooer Machine from Vermeer Southeast
Sales & Service, Jacksonville, FL, for $17,427.89 (GS) .
ITEM #33 - Purchase of diesel fuel for bulk ourchases in transeort Quantities from BP Oil
Co.. Atlanta. GA. for the period 11/5/92-10/15/93. at an est. $215,000 and reduce diesel
fuel Dvrchase from Louis Dreyfus Enerov Corp.. Atlanta. GA. in the amount of $215.000
(GS)
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ITEM 1/34 ~ COl1tract for roof reoloct)r'/lent at the Martin Luther King C~o,er to The Ooan
ComDanv, Clearwater. FL, at an est. $47,601 (OS)
ITEM 1/35 . E:<tel1slon of contract for A~6 cOOlPuter maintenance with Unlsvs CorD.,
Tampa, FL, for the period 1 O/1/92~9/30/93, at an est. $47,986.80 (PO)
ITEM #36 ~ Contract for dlsDosal of aporox. 2500 tons of assorted trash and coostrucdon
material to Kimmins Recvclina Corp.. Clearwater, FL, for the period 11/6/92~9/30/93 for a
total est. cost of $61,250 IPW)
ITEM 1137 . Purchase of 3 each (submerslbh~ p\JmDS. floor elbows & too rail guides) for Lift
Station #7. from E,K. Phelos & Co., Apopka, FL, for $31.494 (PW)
ITEM 1138 - Contract for the Northeast Wastewater Residuals Handlina Facilitv Proiect to
Walbridge Contracting. Inc~, Tampa, FL, for $4,598,251 {PW}
ITEM #39 ~ Purchase of corking revenue collection eauiQme'1t from Florida Door Control.
Melbourne, FL, for $44,242 (PW)
ITEM 1140 ~ Contract for reolacement of Petroleum Pr9duct StoraQe Tanks at Clearwater
Executive Airpark to Adams Tank & Lift. Inc... Pinellas Park, FL, for $73,534 (PW)
ITEM 1141 - Purchase of front end loading refuse containers and soare Darts from Industrial
Refuse Sales. Inc., lakeland, FL, for the period 11/6/92-9/30/93, for an est. $125,000
(PW)
Citizens & Staff Reauests - Approved.
IT~t>JI #42 - Authorization of purchase of comouter orinter to accommodate sign variance
intake program, for $4,250 (PLO)
ITEM #43 - Transfer of ownership of oroperty located at 400 N. Mvrtle from water &
sewer fl.Jnd to gas fund. at current book value of $521.328: authorize oavment to be
made. interest free. in 5 eQual annual installments of $1 04.266 beginning 9/30/93 and
ending 9/30/97 (AS)
ITEM #44 - Co-Sconsor & Waive Fees for Citv Services for Soecial Events (Jazz Holiday,
FUN N' SUN, Fourth of July, Family Holiday Festival, Turkey Trot, North Greenwood Street
festival & Martin Luther King Parade) approved in 92/93 Operating Budget for $124,520 ;
authorize said events to approve festival vendors (PR)
ITEM #45 - Authorization to file suit against Plasti Kraft Corp. reQarding delinQuent utilitv
* (CA)
iTEM"'#46 - Pinellas Plannina Council '- Reappoint Commissioner Barfield (elK)
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Receiot & Referral - Received and Referred,
ITEM #47 - land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for orooertv
located at 1 234 Druid Rd. (former Sioles Rest.). Dorticn of Government Lot 1 of Sec, 21-
29-15. M&B 21.03. 2,83 acres (Morton Plant Hospital Assoc.. Inc.. LUP92-22, Z92-
1 3HPLD)
Agreements. Deeds & Easements - Accepted.
ITEM #48 - Sidewalk easement - S 1.5' of Lot 5. Blk A. Norwood Sub.. 1st Addn. (Harris)
ITEM #49 - Drainage and utilltv easement - W 10' of W 85' of Lots 16 & 18. Bluff View
Court Sub. (Morton F. Plant Hospital Assn.)
ITEM #60 - Sanitarv sewer lien aareement - W 10' of Lot 13. Blk 1. Vlrainia Groves
Terrace (Hiller)
ITEM #51 - Sidewalk easement - 5' sidewalk easement "Ana in $~c. 18-29-'6 (Wnl.Mart
Stores, Inc.)
ITEM #52 - Amendment to aareement for utilization of sewaae treatment facilities with the
City of Safety Harbor, reaardina sawer service. to clarifv meanina of the word "exclusive"
.
ITEM #53 - Amendment to sewer service aqreement with the City of Laroo to clarify
meanina of the word "exclusive"
Major bids and contracts were noted.
Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duty
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #54 - Preliminary Site Plan for Hunter Blood Center, Inc. (HBCI) for the Mobile Blood
Station located at 21 51 Calumet St.: waive building setbacks section of the Protective
Covenants for the Clearwater Industrial Park for HBCI to allow the buildino setbacks for
the site to be governed by the land DeveloDment Code (Martin/HBCI)(PLO)
This item was pulled to allow additional research into the question of the protective
covenants.
ITEM #55 - Purchase 31.4 acres of land on Drew Street. Sec. 8~29-16. M&B 44.01 and
Dortion of M&B 4aJll (PR)
This item was pulled as staff had not received a response to their counter offer of
$1. 25 million. Staff will continue to work with the seller.
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ITEM #66 - Res. #92.65 - to reduce fees for varian~e and conditional use apDlications
associated with orooerties for which construction has commenced or tpe use has been
~stablished without prior aooroval tPLO)
Staff is proposing the Commission consider re'/islng Its fee schedule with regard to
"penalty" fees for conditional use and variance applications where the proposed use or
construction has been Initiated prior to application. The purpose behind having a higher
fee for uses which are seeking approval after they have been illegally commenced or
established is to provide a strong disincentive for avoiding City regulations. ,
The City has had nearly a full year of experience with the fee schedule that includes
this penalty at a triple fee level. Staff has found the triple fee to be too severe a penalty in
casas where applicants have simply made an error in proceeding without permits. To
reduce the extent of the penalty to a double fee would still establish a strong disincentive
for commencing work prior to having the appropriate permits~
In response to a question, it was indicated the penalty for building permit fees
would still be tripled.
The City Attorney presented Resolution #92-65 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution 1192.65 and authorize the
appropriate officials to execute same. The motlon was duly seconded and upon roll call,
the vole was:
.
lIAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM 1157 - Declare as surolus for subordination to the FOOT the City's easement rlahts
and 'nterest In 6 Dareels of land Iving along S.R.580. between Countryside Blvd. and
McMullen-Booth Rd.: Res. #92-63 ~ authorizlna City Officials to execute subordination of
utilitv interests documents with FDOT [PW)
The Florida Department of Transportation (FOOT) is proposing to widen S.R.5S0
between Countryside Boulevard and Kendale Drive starting construction in fiscal year
1993/94. They propose to widen the road to six lanes requiring additional right-at-way
from several property owners along S.R.5aO. The City has various easements on part of
the parcels of land needed by the FOOT.
In order to facilitate this project, the FOOT is requesting the City subordinate their
easement rights and interest in these parcels. The Commission approved City
subordinations of easement on six other parcels to the FDOT for this same road
improvement project on April 2, 1992,
The subordinations contain provisions for the FOOT to pay to have the City's
facilities relocated if necessary to prevent construction conflicts.
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Of the total 11/764 square feet of land contained in the six subordinations.
approximately 11,258 square feet are actually covered by City easements.
Commissioner Deegan moved to declare as surplus, for subordination to the FOOT,
the City's easement rights and interest in 6 parcels of land (101.04, 102.11, 104.03,
106.03, 108.02 and 112.06) lying along S.R.580, between Countryside Boulevard and
McMullen-Booth Road and a resolution to authorize City Officials to execute subordination
of utility interests documents with FOOT. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution //92-63 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #92-63 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM //58 - North Greenwood Design Review Committee - 3 aODointments (CLK)
Commissioner Fitzgerald moved to reappoint Arthonia Godwin. The motion was
duly seconded and carried unanimously.
.
Commissioner Berfield moved to continue the remaining two appointments. The
motion was duly seconded and carried unanimously.
ITEM #59 - Beautification Committee - 1 aooointment (ClK)
Commissioner Deegan moved to appoint Lori Evans. The motion was duly
seconded and carried unanimously.
ITEM #60 - Librarv Board - 1 aooointment (CLK)
Commissioner Berfield moved to appoint Brenda Hunter. The motion was duly
seconded and carried unanimously. I
ITEM #61 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
First Reading Ordinances
ITEM #62 - Ord. #5313-92 ~ Relatina to discrimination. amendina Sees. 99,02. 99.20.
99.21.99.22 & 99.23 as created or amended bv Ord. #5200-92 relating to housin9
discrimination oractices
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The City Attorney presented Ordinance #6313-92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #531 3~92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulskl, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #63 - Ord. #5314-92 - Amending Ch. 50 reoarding method of calculating dscosits
for new residential addresses with no crlar service record and InteresJ 011 utilitv decosits
The City Attorney presented Ordinance #5314-92 for first reading and read it by
title only.
A request was made that consideration be given to allowing return of deposits to
residents of multi-family buildings and if feasible, the ordinance be amended at second
reading. The City Attorney suggested that if the Commission wishes to do this, it be dona
in a separate ordinance.
Commissioner Deegan moved to pass Ordinance #5314-92 on first reading. The
motion was duly seconded and upon roU call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
.
"Nays": None.
Resolutio~
ITEM #64 - Res. #92-~"{ - Demolition lien - , 363 S. Madison
The City Attorney presented Resolution #92-67 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #92-67 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
I.JEM #65 - Res. #92~68 - .tl,uthorizinq facsimile sianatures on citv checks
The City Attorney presented Resolution #92H68 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #92-68 and authorize the
appropriate officials to e~ecute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
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ITEM #66 . Res. #92-70 . in ~UDDort of Q Metrooolitan Planning OrganIzation Resolution
(#92.15) regardine retention of partial truck routine restrictions on McMullen-Booth Roact:
after th~ Bavside Brlefee is com Dieted
This resolution was pulled.
ITEM #67 - Other City Attorney Items. none.
ITeM #68 . City Manager Verbal ReDorts
A. Seuine Sign Variance Meetinos
The City Manager reported, due to the number of sign variance requests coming
forward, a series of variance meetings will need to be considered.
The first special meeting was set for December 10, 1992 at 9:00 a.m.
B. Goal Saltino Meetings
.
Discussion ensued in regard to the Commission initiating goal setting meetings to
establish their priorities and goals. The City Manager said this would aid him during the
budget process and he encouraged the Commission to consider such meetings. An
opinion was expressed this should be more management oriented rather than Commission
policy. A question was raised who would be setting the agenda. It was stated this would
be an opportunity for the Commission to set its priorities in a proactive fashion. Staff will
then evaluate the projects and inform the Commission if they are feasible and what the
impacts will be.
The City Manager said he is looking for policy guidance from the Commission.
A goal setting meeting was scheduled for November 16. 1992 at 9:00 a.m.
ITEM #69 - Other Commission Action
Commissioner Fitloerald reported the Mayor's Council passed an resolution
requesting the St. Petersburg Time~ to provide a contract rate to municipalities for legal
advertising as advertising rates have skyrocketed. He suggested the Commission move
immediately to request RFP's for the Maas Brothers property due to defeat of sale to
Florida Gulf Coast Art Center on the November 3rd ballot.
The City Manager reported the Salvation Army is using the Mass building for
temporary storage.
COfTlO1issioner Berfield questioned whether a unity of title is limited by distance.
The City Attorney responded properties can only be separated by a right-of-way no more
than 100' in width. She questioned the status of a Proclamation regarding diabetes. It
was reported it was in process.
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Commissioner Deegan commended staff on the sidewalk project on Mandaloy. He
reported a second opinion Is being requested regarding feasibility and estimated cost for
opening Dunedin Pass. He requested Sand Key property purchase be agendaed for the
next meeting. He requested the City Attornev review the rehabilitation loon process and
provide a written opinion regarding whether procedures are correct. The City Attorney
responded an outside review would be better as it would be more objective.
Mavor Garvev announced a farewell to Commissioner Regulskl will take place at the
December 3, 1992 meeting.
ITEM #79 - Adiournment
The meeting adjourned at 10:56 p.m.
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