07/30/1991 (2)
A
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ACTION AGENDA
PLANNING 8. ZONING BOARD MEETING
TUESDAY, JULY 30, 1991 . 1:30 PM
Rf;r.EIVED
AUG U 7 1991
CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
A.
APPROVAL OF MINUTES
1. July 16, 1991
APPROVED
~ONDlTIONAl USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TeXT AMENDMENTS, AND LOCAL PlANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PAOCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REOUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each Item as it Is presented.
2. The staff report and pertinent background information are presented. . 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents,
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support tho application speak. 3 minutes maximum for each Individual;
or spokesperson for group - 10 minutes maximum.
,7. Persons who oppose the application speak, 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum. '
8. Persons supporting the application lother lhan applicant! may speak in rebuttal. 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes'rnaximum.
10. The applicant has an opportunity for final rebuttal. 5 minutes maximum.
11. Public Hearings arc dosed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAl.
n,
REOUESTS FOn EXTENSION, DEFEnRED
AND CONTINUED ITEMS:
seE:-
1I/111ql
H.. 0; ~j Ie.-
1,
(Continued horn 5114/91 and 611 B/9 1 ~
Lots 8-11, Blk. 8, Clearwater Beach Sub. Rev.
Plat 132 Bay Esplanade), Pick Kwik Food Stores,
rnc./Nostimo, Inc., CU 91-40
DENIED
Request - To permit package sales 01 beer and
wille
Zoned - CB IBeach Commercial)
C. CONDITIONAL USES:
1.
lot 2, Blk. C, Skycrust Unit 1 (1717 Drew St.1
Tri+1iOh Corp., (Easy Times Bar.Ctmrrnill's Pizza),
CU 91-58
CONTUNIED TO 8/13/91
Request. To permit on-premise consumption of
beer and wine
Zoned - CG (Gencral Commercial)
2.
M8.B 43.03. Sec. 09.29.15, Lots 1.7 and 10 It.
atley lying wesl of lots 1 -3, A.B. & Jennie CalC'S
Sub., (400 N. FI. Harrison Ave.l SillviltiOIl Armv,
CU 91-59
Approved subject to the following conditions: 11
One lJxislinn curb cut on N, fl. tlarrison shall be
removed per D.O.T. standards as imHcated on
Ihe site plan. lhe existing driveway apron shall
also be removed and replaced with sod, a
continuous sidewalk, and curbino parallel wilh
the slreet; and 21 landscapino or the interior
nnd perimeler of tha parking rot shall be instatled
10 meet the rcquircrnenls of the L1nd
Development Cude.
Request. To permit llonconllnercinl pnrkino
Zoned - CG (Gellernl Commerciall and RM.28
(Mulli.Family Residential)
P & Z ACTION AGENDA
I
07/30/91
3.
M&B's 33.02 and 33.021, Snc. 20.29-16
118443 8. 18449 U.S, 19 N/Unlts 4.6, Levilz
Plaza Shopping Center \formerly Grant's Plaza),
Home Shopping Network ReallY, Inc. (Clearwater
Nightclub Enterprises, Inc.l, CU 91-60
Request. To permit on premise consumption 01
beer, wine and liquor
Zoned - CC ICommercal Center)
CONTINUED TO 8/13/91
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D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT,
LAND DEVElOPMENT CODE TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY REVIEW:
1. Undeveloped portion of the Park Place
Development of Regional Impact IDRI), Parcel A.
Sec. 17.29-16, all of M8.B 21.00, less and
except those lands zoned ALII IAquatic
Landsllnteriorl: and Parcel B . Sec. 17-29-16, all
of M&B 24.03, less and except those lands
loned ALII, located betwccn Drew St., Gulf-to-
Bay Blvd., U.S. Hwy 19, and Hampton Road 150
, acres rn.o.l.I/Bullding Operation Holding Co.
tuP 91-04, Z 91-01
Request - Land Use Plan and Zoning Atlas
Amendmenls
LAND USE PLAN:
PARCEl A
From: Residential/OHice
To: Industrial
PARCa. B
From: CommercialfTourist Facilities
To: Industrial
ZONING:
PARCEL A
From: OG [General Office)
To: New RD lReseraeh, Development and
Ofllee Parkl
PARCEL 8
From: CC ICommercial Centerl
To: New RD (Rcserach, Dovelopment and
Orrice Park)
, 2.
IContinued from 7/16/911 An ordinance relating
to the land Development Code; creating a new
division 23A within Chapter 135, Code of
Ordinances, to establish a new Research,
Development and Office Park District:
eSlablishing district size requirements, permitted
and conditional uses. use limitations, and
dimensional and numerical development
requirements; amending Section 136.025, Code
of Ordinances, to establish supplementary
standards for the approval of business services,
hotels/motels, manufacturing uses, marina
facilities, personal services, residential shelters,
and restaurants as conditiollal uses in the
Research, Development and Office Park District.
Ii. CHAlRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G.
IlOARO AND STAFF COMMENTS
P & Z ACTION AGENDA
APPROVED
c:)
Approved with the following addition to Sec.
135.1524.: ' (91 Commercial or trade schools.
and Sec, 136.025,: (9.1) Commercial or trade
schools may be permitted within the Umited
OUice.. and General Office, and Research,
Development and Office Park districts...
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07/30/91
MINUTES
PLANNING & ZONING BOARD
TUESDAY; JULY 30; 1991
NO T.rA'p PRO V E D
. . .._ .~ .-.I.....,..........
Memhers Present:
Chairman Schwab; Messrs. Bickerstaffc, Carassas; Hamilton, Merriam; and
Savage
Memhers Excused:
Mr. Mazur
Also Present:
Scott Shuford, Planning Manager
M. A. Galhraith, Jr.; City Attorney
Doreen Feldhaus. Recording Secrelary
Chairperson Schwah outlined the procedures for conditional uses and advised that anyone adversely
affected by a decision of the Planning and Zoning Board, with regard to conditional uses. has two weeks
from this date in which to file an appeal through the City Clerk's Office, Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER,
A. APPROVAL OF MINUTES
MOliun was made by Mr. Hamilton; and seconded by Mr. Savage, to approve the minutes of July 16.
1991. Motion carried unanimously (6 to 0).
P & Z MINUTES
07/30/91
n. REQUESTS FOR EXTENSION; DEFERRED AND CONTINUED ITEMS:
1. (Continued from 5/14/91 and 6/18/91); Lots 8-11, B1k. 8, Clearwater Beach Sub. Rev. Plat (32 Bay
Esplanade). Pick Kwik Food Stores, Inc.lNostimo; Inc., CU 91-40
Request - To permit package sales of beer and wine
Zoned - CB (Beach Commercial)
Mr, Hamilton declared a connict of interest and will not participate in the discussion or vote on this
request.
Mr. Shuford gHve the background of the case Hlld submitted, in writing, the staff recommendation, and
stilted that there was a letter of objection received from the Chapel-by-the-Sea.
Steve Seibert, 911 Chestnut Street; appliclmCs reprc:;entativc, slaled the request is to sell beer and wine
at a convenience store, which is across the street from another convenience store which sells beer and
wine. Mr, Seihert slated that. in regard to' concerns about loitering and rowdiness, the Hpplicanl will
provide a security guard from 8:00 p.m. to 2:00 a.lll. every Friday and Saturday night. He noted that
a quarterly report will be provided to slaff to show this requ irelllent is being complicd with and tJlat
security is still in force, Mr. Scihert stated in regard to tranic, there simply is no significant adverse
impact on traffic circulation that would result from sell ing beer and wine from that location. In regard
to the sale of beer and wine to minors, Mr. Seihert stated that Pick Kwik has a very extensive and
successful training program for new employees on this very issue, Mr. Seibert stated that in regard to
the concclllratilln of alcoholic beveruge establishmcnts, lhat' allowing an existing Pick Kwik to sell beer
and winc across the street from it compctitor will not have un adverse impact on the ndghhorhood at all.
He felt Ihe Board should look at the sale of beer allll wine issue on a case by case basis. Mr. Seibert
prl,)'sellled a petition in support of the requcst and noted that there were a numher of signatures from
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1,
NOT APPROV~~n
residents of Island Estates and the Beach area; he also presclllcd three letters in support. Mr, Seihert
asked that prohibiting the sale of single containers not he imposcd as a condition as this would put them
at a competitive disadvantage, when one can simply go across the street and do the same thing. Mr.
Seihert felt this request meets all the standards for approv~\l for a conditionat use, the request is
compatible with the surrounding area and will not have an adverse effect on the neighborhood,
John Jacb, 4803 Bayshorc Blvd., Tampa, the owner and president of Pick Kwik Food Stores, stated he
has heen in this industry since 1982. He stated that they are especially proud of this store because of the
fact that, when the store was built, they were sensitive to community concerns and even designed the
store with a Key West motif. Mr, Jaeb stated that the store is currently operating and sharing the
business with the 7-11 Store across the street. In a similar situation in Tampa, Mr. laeb stated they
operated a store across the street from a Farm Store, Both stores had similar sales volumes and the
husiness available in the market area was shared evenly which is typical of what happens in a situation
like that in this industry. Mr. laeb felt they have done their best to address all concerns raised by staff,
He added that the issue of not allowing the sale of single containers would result in a customer relations
problcm, as it would be very difficult to tell a customer they cannot buy a single can at our store, when
you can at every other convenience store in the City, particularly the one across the street. Mr. laeb
stated they will contract for security service to provide patrolling of all 3 stores on Clearwater Beach to
deal with the loitering prohlem and are committed to help the City of Clearwater improve the beach,
In respunse to a question by Mr. Schwob, regarding the time and money invested in obtaining approval
for this request, Mr, laeh statetlthat it will be years he fore they make up the investment for this request.
He explained that they work on narrow net profit margin (2w4 % range), and by not selling beer and wine
they are heing deprived of 7-8% of gross revenue, which includes gasoline sales. Mr, Jaeb stated that
it makes a difference in making a profit or not making a profit.
In response to a question by Mr. Savage, Mr. laeh stated it is difficult to say how many customers are
lost as a result of not heing able to sell beer and wine, but it is likely they are missing other revenue as
well. This is due to the fact that customers have to go to the 7-11 Store across the street to buy beer and
wine, and they are prohahly buying other things there that they would have bought at Pick Kwik.
Mr. Galbraith, City Attorney, requested permission to question the witnesses testifying in regard to this
requcst duc to the faclthal he is Slit! defending the decision of denial of a similar request from the same
applicant made by this Board two years ago,
In response to qucstions by Mr. Galhraith, Mr, Jaeh stated there may he a slight increase in traffic from
customers bccause their store is on the oppusite side of the street from the 7w II Store, but for the most
part they will be shnring the existing business that is already there. Mr. Jaeb responded that this is based
on his expl~rjence wilh the Farm Store situation in Tampa. He fell they will generally share business with
the 7-11 Store, but there will he a slight increase only beci\use they i\re on opposite sides of the road,
Karen Conley, 520 Ridge Road, ulfgn, Human Resources Manager for Pick. Kwik Stores, stated there
is a policy m<UlUul in every sture which dennes the guidelines for the sale of alcohol, and every new
employeI.' receives a hamlhuok which contains this information as well. She noted that this book clearly
outlines the disciplinary actions should an employee not folluw the procedures for the sale of alcohol,
particularly in regard to the sale to minors. Ms. Conley stated that all new employees must take a test
thdr lirst day on the job which involves the legal drinking age, and the restricted hours. Ms. Conley
noted that all employees mllst attend an orientation which includes Responsible Vendur Training in which
they learn how to check identifications and how to detect false identilications. She added that their area
supervisors do store inspections on it monthly basis and they specifically check as to whether employees
arc checking for identilicmiol1s,
P & z rvllNUTES
2
07/30/91
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NOT -. A P PRO 'I r: ()
In response to questions hy Mr. Galhraith, Ms. Conley stated that there are as many as three employees
and as few as one in the stores aOer 6 pm. and that at the Clearwater Beach stores there arc generally
two or three. Mr. Galhraith asked whether they would be willing to agree to a condition requiring two
or three employees at these locations should the Board decide to impose this as a condition, Ms. Conley
responded that it would not be for her to agree to. that it would be up to Me, Jaeh to decide. In response
to a question concerning a hypothetical situation where there might he one employee in the store, several
customers inside, and eight to ten customers in lhe parking lot drinking, leaving cans. and loilering. Ms.
Conley stated their employees would contact the security gumd and/or the police.
Mr. Seihert stated he felt this is a highly irregular process having the City Attorney cross examining
witnesses. Mr Seibert stated that Mr. Galbraith is representing another lawsuit. this is a separate
application and that this testimony is not part of that lawsuit.
Mr. Galbraith explained that the City Attorney does nol represent the Planning Staff or the City Manager.
He stated that two years ago this Board voted no on an application that pertained to thts property to set!
heer and wine by U1is applicant. The decision was appealed and the case went before a Hearing Officer
and the Planning and Zoning Board's decision was upheld, The case then went to Circuit Court to review
the record before the Board and determine whether there was substantial evidence to support the decision
of the Board. The ordinance was challenged as to whether it was constitutional. The Circuit Court
determined there was substantial evidence and found the ordinance to be constitutional. 111at decision
has been appealed, Mr. Galbraith stated that if the Board votes yes today he will be in a position to
defend both a yes and no decision for the same request for the same property with the only difference
in the request is that there will be no sale of alcoholic beverages before 9:00 a,l11..
Steven Stuchs. 31622 U.S. 19, stated he is a project engineer with John Landon and Associates. He
stated that one area of expertise of his linn is transportation and traffic engineering. Mr. Stuebs stated
his firm is representing Pick Kwik in this case in regard to traffic impact. He stated that his firm has
determined that there will be no significant traffic impact associated with adding the sale of alcoholic
beverages at th is store, and thaI it will not generate a high percenlage of new traffic trips but will share
traffic with the 7-11 Slare across the street. Mr. Stuells stated that convenience Slares do not generale
a high percentage of new trips and that most of the traffic is from traffic trips from the adjacent
roadways.
In response to questions by Mr. Galbraith. Mr. Stuebs stateu the traffic for this use already exists, and
that he has ohserved customers go to the Pick Kwik to purchase beer or wine only to find out they
cannot, and they proceed to the 7-11 Store across the street.
In opposition. Ann Garris. 38 Acacia St.. representing Ule Clearwater Deach Association, stated that Pick
Kwik has 87 olher stores and will only henelit 7% of their gross income by adding the sale of alcoholic
heverages to this store in a neighhorhood where we don't want it. Ms. Garris staled she has dealt with
all the issues 011 the headl very closely for 20 years and nothing has changed. This store is close to a
playground, church, recrealion center, playing lield and tennis courts. These are all places where the
children gather to play. Ms. Garris stated that the law says it is nut good to have children around a place
where alcoholic beverages are sold, and this is where the children of the community and the children of
the people who visit our area go to play, Ms. Garris staled that Pick Kwik feels they should be able to
sell beer and wine as does the 7-11 Store HCroSS the slreet. wh ich she felt wouldn't have been granted a
conditional use permit had the citizens been ahle to speak in ohjection then. as they are now. She added
that since they are tryi ng to improve the community and rather than add anolher wrong to the one that
is already there, the Doard should just sllY no, Ms. Garris pointed olltthat the traffic situation is already
had and to allow this use would ollly make it worse. She also staled thaI the only way the Fire
Department can get tn the many residences of North Clearwater Beach is through this intersection. She
is concerned al lhe I ack of comment from the Police Department, when two years ago Lt. Palomita. then
P & Z MINUTES
3
07/30/91
~.. '.
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NOT APPROVED
the Be.lch Commander, made very strong statemenls that adding alcoholic beverage sales at this site
would incrcHse the nced for police enforcement on the North Beach. Ms. Garris noted that she felt the
reason there are more calls at this location than the ones on the South Beach that selt alcoholic beverages
is hecause the people on the South Beach have given lip calling the police as it doesn't help; and that
there is a much more intense police prcsence on the South Beach, In regard to the security guard issue,
Ms. Garris stated that when the security guard directs persons loitering at the store to leave, they will
go to the picnic tables at the playground and recreation center nearby, She felt that rather than have to
have security to reduce rowdiness and loitering, why not just eliminate alcohol sales and not have it at
all. She stated that the Clearwater Beach Blue Ribbon Tar;k Force report stated "Clearwater Beach should
he carefully protected from unnecessary liquor sales" ami "Liquor served with food does not appear to
he problematic for the mmil parI. Chilled alcoholic beverages to go, on the other hand, tend to aUract
an clement of the population which indulges in loitering, noise making and otherwise disruptive
behavior." Ms. Garris added that this is the only planning group the beach has ever had, Ms. Garris
stated that the only difference in this application and the one two years ago is that this time staff is
recommending approval and the Police Department had no comment. She felt nothing has changed and
this request should be denied.
In response to questions by the Board, Ms. Garris Slated she is officially representing the members of
the Clearwater Beach Association; that the store is a nice place for the youlh to gather but that alcoholic
sales should not be added to a place where teenagers already "hang out"; and that she felt the store would
not enforce the proposed restriction of not selling single containcrs of beef and wine.
Harry Cline, 400 Cleveland St., representing the Palm Pavilion, Inc., stated that they oppose the
application. My c1ienls are contiguous property owners to this operation, Our client's property is a hotel
facility. (t is a residential, family oriented, tourist based residential facility, which has recently been
renovated at a substantial cost. Mr, Cline staled that the proposal to sell beer and wine off premises at
this location will without question have a substantial adverse impact on this particular property and the
community at large. Mr. Cline noted that on the South Beach where there are currently two Pick Kwik
stores selling alcohol beverages there have been many alcohol based and related problems with the kids
loitering, hanging out, noise, etc., which is an adverse impact on the community. Mr. Cline presented
a CCrlilied transcript of the previous hearing and noted that the Board unanimously denied it. Mr. Cline
also presented a transcript of Lt. Palomho's testimony hefore the hearing officer, in which Lt. Palombo
stated "The P ,D. (pollce department) had problems wilh noise, vandalism, car problems, debris being
cast upnn surrounding properties, most of which were beer bottles and beer cans and the general
disruption of the community in that area, and that's South Beach Pick Kwik."
Mr. Seihert staled he ohjected to this as hearsay testimony. Discussion ensued, and Chairman Schwab
stated Mr. Seibert's ohjection is noted and that the Board will take it in the proper context.
Mr. Cline stated that what is at issue here is alcohol sales in a predominantly residential community and
that lhe increase of this use in this area is nol appropriate. Mr. Cline stated that Haymont Street is a
divisional street on the beach, South of Daymont is essentially commercial, the streets are 4 lanes, it is
the huh of nighnime activily and appropriately, there is alcohol concentrated there. However, north of
lJaYIl111llt the charactcr of the hcach changes and these people are trying to keep it that way. Mr. Cline
staled thal this npplicalion should be dcnied, as it does not meet the ordinance criteria, it clearly will have
all adverse impact on the surrounding properlies, his c1hmt's property, and the community allarge. Mr.
Cline felt that Pick Kwik should not slate that it is diflicuIt ecollomically to run a convenience store
withoUl an alcoholic I icense when they buill that facility ancr having been denied the alcoholic license,
Mr. Clinc stated lhat this is the samc applicalion that was hcre two years ago, and to change the hour to
create a '\liffercm" application makes a mockery of the system. It shouldn't have been med and
processed.
P & Z MINUTES
4
07/30/9 I
NOT APPRO"~D
In response to questions by the Board, Mr, Cline stated that the Palm Pavilion does sell beer for on
premises consumption, not for carry out. Mr. Cline responded that he has represented clients seeking
r" alcuhulic beverage uses on the beach, but not norlh of Baymont Street. He fell that South of Baymont
Street is the tourist area and alcoholic beverages should be permitted there.
(
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In rehuttal, Mr. Seibert stated in response to Ms, Garris' theory to just say no that you can't do that
without a good reason. The burden is on staff and citizens to show that there is adverse public interest,
and he felt they have mcl the standards for approval. [n regard to the filing of the application, Mr,
Seihert stated they are trying to provide information that wasn't brought to Board before, and that they
are properly before this Board today. He added that the sale of beer and wine is not going to create more
traffic or make a difference to anybody. They will not sell to young kids, and are willing to go a step
further and provide security rather than call police for every problem, Mr. Seibert stated beer and wine
is sold in many establishments on Clearwatcr Beach, many of them are adjacent to the Pick Kwik Store,
as well as the establishment that existed on this same site prior to the Pick Kwik, He added that Pick
Kwik will sell beer and wine as responsibly as they can, and the use is appropriate to the area and asked
that the Board grant the request.
Mr. Galbrailh advised the Board members that they are free to vote yes on this application today, and
free to impose reasonable conditions if voting yes, Mr, Galbraith stated that since he is still defending
the no vote from two years ago, each member of the Board should state the reason for voting the way
they are vOling, whether it is for denial or approval.
Mr. Seibert agreed explaining the votes is a good idea.
Mr. Carassas asked r...lr. Shuford how enforcement of prohibiting the sale of single containers would be
handled. Mr, Shuford explained enforcement could be as simple as sending in a Code Enforcement
Oflicer to purchase a single container. He added that this has never been imposed as a condition of
npproval for package sales in the (last, but felt this condition could be very effectivel)' enforced. .
Discussion ensued with the Board memhers expressing concerns including the following: the Pick Kwik
store is very clean and appears to be well run; the potential negative impact on the community; traffic;
the facl that Pick Kwik was denied a conditional use for the sale of alcohol at this location before it was
built; loitering being a problem at the 7-11 Store across the ~areet which sells alcohol but is presently not
a problem at this Pick Kwik; and stopping additional alcuholic beverage establishments for the good of
the cummunity.
Motion was made hy Mr. Bickerstaffe, and seconded hy Mr. Merriam, to deny the nhove request. A roll
call VOle was taken with the following results: Mr, Bickerstaffe voted yes for denial for the following
reasons: if approved prohlems would develop in the area, and it is time to take a stand 10 keep residential
and commercial areas separated; Mr, Carassas voted yes for denial for the following reasons: if
approved it may impose an excessive burden and have a substantial negative imp~lct 011 the community;
Mr. Schwob voted yes fur denial for the following reasons: if approved it may impose an excessive
burden and have a substantial negative impact on the community, based on possibilities of loiteringt
requiring extra police protection and traflie impact; Mr, Savage voted yes for denial for the following
reason: it would have " suhst~ll1tial negative impact on lhe community; Mr. Merriam voted yes for
denial for the following reasons: if approved it may impose an excessive burden and have a suhstanlial
negative impact on the community, and the hearing oflicer and the courts have determined that the Board
IIcted properly in deh:lrlnining the criteria in the previous elisa, 111l~ mution corried unanhnou!liy (S to
0, with I ahstentiun).
Mr. Carassas was excused from Ihe meeting at 3:55 PM.
P & Z ~t1NUTES
5
07/30/91
"
c. CONDITIONAL USES:
NOT APPROV~D
I, Lot 2, B1k, C, Skycrest Unit 1 (1717 Drew St.) Tri.High Corp., (Easy Times Bar-Charmill's Pizza),
CU 91-58
Request - To permit on-premise consum[llion of beer and wine
Zoned - CG (General Commercial)
Mr. Shuford stated the applicant has requested a continuance to allow him Ute opportunity to amend his
request to include package sales as well as on premise consumption,
Motion was made by Mr. Hamilton, ilnd seconded by Mr. Savage, to continue the above request to the
August 13, 1991 meeting. Motion carried unanimously (5 to 0).
2. M&B 43.03, Sec. 09-29-15, Lots 1-7 and 10 ft. alley lying west of Lots 1-3, A,B. & Jennie Cate's
Suh., (400 N. Fe Harrison Ave.) Salvation Army, CU 91-59
Requcst - To permit noncommercial parking
Zoned - CG (General Commercial) and RM-28 (Multi-Family Residential)
Mr, Shuford gave the background of the case ami submiued, in writing, the staff recommendation,
Mr. Savage declared a contliet of interest and will nol participate in the discussion or vote on this request.
Jay Myers, 800 Drew St., applicant's representative, stated that two months ago the Salvation Army came
before this Board with a request for a parking conditional use for a site adjacent to this for a correctional
oftice building. Since that time another opportunity has presented itself for community. Morton Plant
Hospital in conjunction with the Johnny Ruth Clark Health Center, approached the Salvation Army to
take some of the vacated buildings and convert those into a health center for mothers and children. Mr.
Myers stated they are redeveloping the existing property and need parking in an area Utat is zoned RM-
28,
rn response to questions by the Doard, Mr. Myers slated he has no problems with the conditions
recommended by staff.
Discussion ensued reganJing tapering the entrance of the parking lot, and the storrnwater issue,
No persons appeared in support uf or in upposition to the above requcst.
Motion was madc by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request
suhject to the following conditions: l) One existing curb cut on N, ft. Harrison shall be removed per
D.Q.T. standards as indicated on the site plan. The existing driveway apron shall also be removed and
rcplaced with sod, a continuous sidewalk, and curbing parallel with the street; am! 2) Landscaping of
the interior amI perimeter of the ptlrking lot shall be installed to meet the requirements of the Land
Development Code, Motion carried unanimously (5 to 0, I abstention).
3. M&B's 33,02 mid 33,021, Sec, 20-29-l6 (18443 & l8449 V.S, 19 N/Units 4-6, Levitz Plaza
Shopping Center (formerly Grant's Plaza), Home Shopping Network Really, Joe, (Clearwater
Niglllclub Enterprises, Inc.), CU 91-60
Rcqucst ~ To pcrmit on prcmise consumption of bcer, wine and liquor
Zoned w CC (Commercial Center)
P &. Z MINUTES
6
07/30191
f;: l~
NOT APPROVFO
Mr, Shufhrd gave the background of the case ami suhmitted, in writing, the staff recommendation, Mr.
Shuforu stated there may be a mistake in the staff report concerning the facility from which a variance
to the separation distance requirements would be needed. It may not he necessary for such a variance
with relation to New York New York's location, rather the M. L. Chaser's facility would require the
variance.
Discussion ensued regarding parking, the site plan anllthe aerial provided by staff.
Charles Samarkos, 915 Chcstnut St., representing the applicant, stated he is also representing the
prospective tenant, Clearwater Nightclub Enterprises, Inc. (Stingers). He stated that the parking issue
appears to be the problem and this just came up when reviewing the staff report which states there are
adequate parking spaces, yet in the recommendation it mentions annexing the unincorporated areas, Mr.
Samarkos noted apparently there are parking spaces that were not built out that were shown as built out
on the site plan, Mr, Samarkos stated they have no problem with conditions 1, 2, and 3, but would like
condition 4 to be amended. Rather than requiring annexation of the property, it should be required that
there be adequate parking to meet City Code or a variance obtained. He noted that the cost of annexation
is a problem and it should be up to the owner of the property, Home Shopping, to pursue annexation and
they are not willing to do that at this time.
Mr. Shuford suggested the amending condition #4 as follows: The applicant shall demonstrate that
adequate parking is provided Clccording to City Code or obtain any necessary variances thereto; in the'
alternative, a developer's agreement to annex the unincorporated area(s) of the property shall be submilted
to the City for approval prior to the issuance of any requisite building permits and/or occupational
license.
No persons appeared in support of the ahove request. The following persons appeared in opposition.
Alan Millard. 18675 US 19 No.. Lot 506. past president and current board member of the Bay Aristocrat
Village Homeowners Association, stated he is here today representing that board, He stated they object
to this request because the activities that take place in the area, including Chasers and New York New
York, and the parking lots is detrimental to their park, Mr. Millard stated the mobile home park has
been purchased by the residents and they are concerned with what happens in this area, Home Shopping
has allowed the shopping center to deteriorate and they have not sought good tenants, which is what they
should do rather than put in another nightclub. Mr. Millard noted that Home Shopping has proposed a
multi-million dollar complex with shops and condominiums which would be preferable to a nightclub.
Mr. Millanl added that the pounding noise from the existing clubs is unbearable and asked that the Board
take a stand and not approve another nightclub in this center.
Mr. Shuford stated that there hasn't been any development proposal for the properlY to the east of the
site suhmitted to the City. However. there is a proposal in the County for a project called Allen's Creek
Development which is a combination of oflice, retail, and residential uses.
Jimmy Donhright. 18573 U.S. 19 No.. the owner of New York New York, stated he is opposed to this
request. Mr. Bonhright slated that Home Shopping is in violation of their lease which states they will
not lease any portion of the property for the purpose of operating a restaurant of the same kind or nature.
He added that this is a very congested area. In addition to his husiness there is Chasers, Maggie's Pub,
mld iI restaurant that is currently vacant but will likely reopen, The current businesses filllhe parking
lot as it is, and if another cluh opens there parking will be a serious problem. '
John Wunderlc. 18425 US 19 No., Ule owner of Maggie's Pub, slated Home Shopping is bringing more
husinesses into the shopping center, tcnHllivcly a television repair shop is proposed. Mr, Wunderle stated
he anti his wife run a small pub with beer and wine only with a clientele of people over 40 and are not
in clllnpclilion with New York New York. He felt adding a nightcluh with over 8,000 square feet with
P & Z MINUTES
7
07/30/91
.,....
'-
younger clientele would wipe out the parking and would put them out of JI,tll A P PRO lJ F ,0
rn response to a question by Mr. Shuford. Mr, Wunderle stated that they share parking with the entire
Levitz Cemcr,
Everett Quinn, stated he has been a resident of Bay Aristocrat for 18 years, He stated that when the
sharping center wa<<; built they welcomed it as a pleasant place where they could shop easily, but over
the years the cenler has been deleriorating and is almost like a ghost town, with the exception of a few
shops and "beer joints", Mr, Quinn added that the restaurant on the property is closed right now and for
sale, hut when it reopens they will want to sell alcohol with their meals, which would make five
establishmcllts in this confined area licensed to sell alcoholic beverages. Mr, Quinn stated that their park
is for residents 55 years of age and older and lhey would like to keep the area as quiet as possible and
do not want another establishment of this type in this area,
In rebuttal, Charles Samarkos, stated that Sec. 136.022,1. f.2 of the City code states tllat shopping centers
with more than 25,000 square feet must have five parking spaces per 1,000 square feet, and that the
center meets this code requirement. He stated that he appreciates the concerns of the residents of Bay
Aristocrat but this is right next to a large shopping center on U ,S. 19 and the use they are requesting is
permitted as a conditional use within in the zoning district. Mr. Samarkos added that all they are trying
to do is use the center for something that it is zoned for, and that the request meets the standards for
approval and the permit should be approved.
Discussion ensued with Board members expressing concerns including the following: the parking
situation, the potential for negative impact on the neighbors, and the floor plan for the proposed
nightcluh.
Mr. Schwoh asked Mr, Samarkos would agree to continuing this request. and provide the Board with
a proposed floor plan showing doors, windows, open deck areas, etc. for the requested nightclub.
Mr. Samarkos agreed to continue the request and provide the requested information for the Board.
Motion was made by Mr. Hamilton, Hnd seconded by Mr. Bickerstaffe. to continue the above request to
the August 13, 1991 meeting, Motion carried unanimously (6 to 0),
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT. AND LOCAL PLANNING AGENCY REVIEW:
I. Undeveloped portion of the Park Place Development of Regional Impact (DRI). Parcel A - Sec. 17~
29- 16, all of M&13 21.00, less and ex.cept those lands zoned ALIi (Aquatic Lands/Interior); and
Parcel D - Sec. 17-29-16, all of M&B 24.03, less and except lhose lands zoned ALII, located between
Drew St.. Gulf-tn-Bay Blvd,. U.S. Hwy 19. and Hamplon Road (50 acres m,o.I.)/Building Operation
Holding Co., LUP 91-04. Z 91-01
Request - Land Use Plan and Zoning Atlas Amendments
LAND USE PLAN:
PARCEL ^
From: Residential/Office
To: Industrial
PARCEL B
From: Commercial/Tourist Facilities
To: Industrial
ZONING:
P & Z MINUTES
8
07/30/91
....-,
PARCEL A NOr '- A P P ~ ~ ~,' r. f)
From: OG (General Oflice)
To: New RD (Research, Development and Office Park)
PARCEL n
From: CC (Commercial Cenler)
To: New RD (Research, Development amI Office Park)
Mr. Hamillon asked why a zoning change wuuld he considered to a new zoning classification that has
nut heen approved, Mr. Shuford explained that the City Commission will have a first reading of this
ordinance on August I, 1991, and on August 15, 1991, the City Commission will have second reading
of this ordinance prior to consideration of the above request. Mr, Shuford added thatlhis applicant is
interested in this new zoning district and that the request was amended from IL to this new district, jf
adopted by the City Commission.
Mr, Shuford gave the background of the case and submitted, in writing, the staff recommendation, and
that he was not aware of why the applicant or representative is not present.
M(Hion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request.
Motion carried unanimously (5 to 0).
2. (Continued from 7/16/91) An ordinance relating to the Land Development Code; creating a new
division 23A within Chapler 135, Code of Ordinances, to establish a new Research, Development
and Office Park District; establishing district size requirements, permiucd and conditional uses, use
limitations, and dimensional and numerical development requirements; amending Section 136.025,
Code of Ordinances, to establish supplementary standards for the approval of business services,
hotels/motels, manu facturing uses, marina facilities, personal services, residential shelters, and
restaurants as conditional uses in the Research, Development and Office Park District.
Mr. Shuford reviewed in detail the Ordimmce with the Board memhers.
Chris DosseUi, representing Park Place, slated his concern is with road improvements, specifically Park
Place Boulevard ami asked if that is part of this npproval.
Mr. Shuford explained that this will not effect the Development of Regional Impact (DIU) designation
whmsoever. What the applicant will have 10 do is go through the Notice of Proposed Change process
and 'explain to the City Commission and the Tampa Bay Regional Planning Council any changes they
wmlt to make, the impacts the changes will have, and whether the proposed services they were to provide
under the original DRI are sufficient to accommodate any changes.
Discussion ensued regarding changes amI additions to this ordinance.
Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request subject
to the following changes: I) the addition to Sec. 135,1524.: (9) Commercial or trade schools.; and 2)
addition to Sec, 136,025.: (9.1) Commercial or trade schools may be permincd within the Limited
Ornce.. and General Office, and Research. Development and Office Park districts.... Motion carried
unanimously (5 to 0).
Meeting adjourned <It 5:42 p.n
...
James M. Pol tly Jr,
DircL.:tor uf Planning and Developmellt
P & Z MINUTES
9
07/30/91
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II r.UrtlVE SAI'I'{lI/HIVE
WHO MUST FilE FORM aD
AUG 1 2 1991
Thi5 r0l111 i~ 1(11 mt' hl' nil)' pe.son se,vinr. n! the Willi')', rill'. or olht'r 'oenl h:\d of !.![1Vellll11rnl 011 :1Il :1ppoi(L~~' Of ~llle{H.l!"n,d.
c~lIllcil, !:OIl1lllissioll, n\lt hOl il y, or CtIIl1I1Ii1 tre. It :lJlI11ies eqll:lll)' 10 lIIetllhelS or ndvi~OI)' nnd 1H1IHHI\'isOl r hodies' \\"ho :u'Cil:ci~l1lecl
wilh a vOling eOllrliclur inleresl \Illlk, Se('tioll 112,.11<1.1, f10ridn SI:Jllltes. The ll'qUiIClIIClll~ of Ihi~ In\\' nIl' mrll1dnlorr: "hholtgh
Ihe Il~l' of Ihis pnlliclllnr rOITII i~ 1 III I requiled b)' l;u\', rOil nle cllI.:(wrnr,cd 10 ll~~ it ill .I1:1Ullr. the di~closUle lequired by Ill.\\'.
YOIl r le~Jlul1Si"ilil ics IlIlder 1 he In\\' when rm:ed wil h II IIH'n~1I1 c in \~ hieh )'011 ha\'e n CIlJl r liel "I illtrrr~t will \'11 r r r,len Ily de(1elHlillr,
011 whethel you hold 1111 elc\:live or nppoinlive posiliotl. For !his .e:lSOI1, plcn~c (1:1)' c10sc alll'I11ioll 1(1lhe illMIIIClioll!; 011 lhh 'orlll
before eOllll1lclillg Iht' [c\'else side nml filillg the fmlll.
I.q
INSTRUCTIONS FOR COMPLIANCE WITII SECTlOtl 112.31431 FLORIDA STATUTES
.LEeTE!) UFFICEnS:
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[ A pCt~Oll holdillg dC!:1 i\'c CO \I II I y, 11I1l11id(1nl, 01 01 hel Illcal (1l1l1lk 01 r in' I'd US r ^ I1S I'^ I N 11011I \'oli 1Ir, (111 n llleaSlll e \\ hich illures
I to his spl'!.:iill privale g:lill. Eneh 101'nl onicer al\(1 i~ plohihiled IHllll kll(l\dllJ~lr \tllillg 011 1I 111CnSI1te which illllles 10 Ihe spednl
I gnin of a plilll'ipnl (olher Ihal1 a r-t1\erllll1ellt :lllellry) hy whom hr is rtwilled.
In eilher l'aSe, YOll sllOlIld disclose the l'onflicl:
PRJOR "[(l n If.: \'01'1; BEING 'I^I~ EN hy puhlicly ~l:l,illl! 10 Ihe as~r:llIhly IIll' nnlllle 01 YOUI inlell'sl ill Ihe llIr:nSllfe (111
which rOll ale absl:Jillillg frolll \'Oling: and
\\Tn'll N J 5 O^ i'S ^ FTE It T II E vorE OCCUHS by 1'11I11pkling :tml I ili liP. I his rllllll wil h Ihe pcrSOll ft:spoll~iblc ror rccOIdinr,
Ihe lIIilllllCS of lht' meclillg, who should illcOrp(lI:tle Ihe rOllll ill Ihe Ininllle~,
^l't'OINn~l) OFnCI~H5:
^ pCIsoll holdin!! :lppnilllive eOllnl}', nllJl1icil'nl. or olhrl local publir of/ire "lUST AIJS"AIN 110m volillf. 011 :l lllenSllre which
inures 10 his special pr h':lle g:lin. Each 10e;11. ~I ice, 11 Iso is p. ollibil cd 1r00n k 1I0\\'i ngly volin~ 011 a lIIe:l,WI e whieh i 11 III e5 10 I he
spedal gain or a Ildm:illi\1 {olhe\ Ihall i\ (!,O\'CIIIII\CI\I rigcllcy) by wllom lit" i!: t~lnillc.t1.
^ perS011 holtlillg all appoinlive Jm'nl olrier: olher\\'ise lIIay panidpnlc ill n 111:1I1c' ill which he htls a cOllrliel or inlclesl, hul IIIlISI
diseltl~e III!: n:llllle of the Cl1llrliel bd01e Illnkill~ 11n}' illlClIIpllO illfllll:llee thr decisioll hy olnl 01 wrillet! eOIllIl1Ullic:J';OIl, whelhel
made h}' the oHicr' or al his 'dileCI iOIl. "
· '1'011 ,~lm\J1J complclc :llltl Jile lhi~ forlll thelllle IIIal:in[: .my t1IIClllpl 10 inrlllcncc Ihe dcdsionl willi the pcrson ,espomible 101
recorllillr: Ihe minlllcs of Ihe 1IIectjllr.. \\'110 \\ill inCOlpl1l:lle Ihe 101111 ill shr rllinUIC5.
IF YOU INTEND 10 ~'^~:E AN\' AT'T Et.lpr .to lI-JrLUEr-Jl'E '11olE DECISIUN PIUOR '10 "111; t.1EE'IING ,\I" WHICIl
THE VOTE \\'ILL UE '^I\I;r-.J;
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. ^ cop)' or Iltc lorm ~hulllcl bl' J1lmidcd illllllrdialrly 10 IlIe Olher 1I1~lIIllt'IS of Ihe 1I1!ellc)',
· Thl' 1m 111 ~ho\Jld he rend pllhlirl~ ;11 thr llIl'elil1p. pliol In cr.lll~idl'lalioll (lr 11Il' 111i1l1el ill whil'h YOIl h:l\'l' a cUllllicl 01 i11Iell'~1.
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l~ YOU l\l^I\E NO ^TTEl\lI'r '10 IN/: LUENCE 'II IE lJECISION EXCEl''/" II\' 1.l1!)CUSSION AT '1'1 m MEU'Y INO:
\'Oll ~lul\lld disch'st m nlly lIlt: !lnl 111 e nl )'011I COlll1ie. ill ,he Illcn~lJI r hcl or c par 'kipl1lillj:,
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\'Oll ~1I11\lltl {,o'"l'lcIC 111(' 161m nlld lite ir wirllin I!'> dny~ nllc, ,lie \'Olr: (ICr:\lI~ willi Ihe person IC~llon~ihle 101 ICCOldillC Ihe: lI1iulIles
ur Ih(' Inr:eli"I!, \\'lIu should illcnrpot ;1I,r: 'lie fOlI., in Ihe llljtlUlr~,
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\)) , \Ir IlIraS\Jl C bdulc 111)' ;lgclI!.:)' IIIIlI Ihc 11;1111I(' or III)' iIlICIC~1 in Ihe nlC;l~tIIC is ns follows:
, h)' I\'hol1l 1 :un Iclnillr:d,
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OIICl:, Uhl()l:H I']H.!VISIONS or FI.ORIDA SI,^lll'l ES ~112.JI7 119R~1. ^ rAlLlIRE '10 I\I^f~I: AN\' HE()lIJ1tEIl
ISCU.,l:-'UItE CONS 11 1 UI ES UHOUUDS rOll AHD ~\^ Y BE l'UI-llSlll:b BY 01"1; OH t.ltmE OF 'J liE H.H,LO\\'INfi:
II'EA(.IIt.IEI"I. I{EtdO\'AI. or~ 5t1SPENSIlH.J rHut,1 tll"Fln; (Jlt t:ldI'LOYMJ;NI. lJEI\HYlIOI..J, REIJLlCllot..J 1I.J
'11,Y, H~:I'IUt.tt\Nj). un ^ UVII. l'EI-l,\1 I)' t'IOIl!) E:-:n;I~" n,pfllf,
FORM 8B MEMORANDUM O'r VOTING CONFLICT FO (l(L 9/ Y'd
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA!i! NAMr:-t,IHSt NA"Il!-;-MlIllll.1; HM,I!! ,4AMU 01 no>,", t:OUt-lCIt.. (OMMI!i5ION, AUtIIORln, OR COM"''' !(~
.cl(n~ I~n. K-!-~II?~fl,., {T. .__ p/-I- ~
~~ ,Nll 81} IltS5 , . 1111; II0MW. UIUllCII., lllM"'ISS10N, AU 1I10RI! Y, OR CUMMlllEE ON
"/./ Ii \\'tlltll I Sr:IlVI! 15 A UNII or:
I t} /&{ ~I r:. -'7(/ lel~;J dcf1 ~ X( II \. l' toUNI\' · 1IlIIIMI l.oeAt Alll'.Nl'V
n 1\' ~ e ltllJlO \' _0
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(L { e.o. ,. (A..! c\ -rer ---1 /7 (- (CI (.. /l ( , /' ~ c- +r:: t.--
OAlE ON \ IIItll \' 111: nnUIIRI.:U L./, e' t, L,
OM" l'uStlIOt~ IS~
1.1 nr:rmil!
AI'I'OINtIVf:
WHO MUST FilE FORM 8B
RECEIVED
AUG 1 2 1991
I 11111\1 ~II III ~~
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fillS fornll~ for Il~e hy Oil)' pCI501l ~er\'lIlr. althc cOllnly, Clt)'. or olher 10callc\Tl of govcrnmcnt on all appolntcd 01 dcclc(i hoot ~
COllllcil, conllllissioll, nulhmity, or cnnllnlllec, II opplics clJuolly 10 IIIcmhcrs of ach'i'~ory alld nOll.nd\'i~OIY bodics who IIlC plescl1lcd
wllh 0 "olillg cOllUiel uf illlell:sl Illldcl Scrlhlll 112,.114.1, Flodda Slahllcs. The 1('lllIitCtllenls of Ihi!; law nre mOlldolory; all hough
IIH~ usc of this pOlliclllur fOflll is 11(11 rcquircd hy low, you nle cllt:ouraged 10 mc it III moking Ihe disclostllc leqllhcd by Inw.
Your Icsl'umlbililic!; undcr Ihe In\\' whcn raccd wilh 1I111eaSlllC ill \\ hich YOll harc n cnllflic:t of Illlcrc~1 will \'111 Y Rlc:llly dCpclldillg
011 whether you hold nil clcctivc or nppnilllivc position, For Ihis rCOSOll, plca~c pOl' elmc :lllclltionlo thc insl!uclioll5 01llhl5 rorll1
berore COlllplcling Ihc le\'CISC side nml tilillg Ihe fOIIll.
INSTRUCTIONS FOR COMPLIANCE WITU SECTION 112.3143, FLORIDA STATUTES
1.......,.ECTElJ UFFlCEftS:
A pCISUII holcli II~ ckCI i\'e COUllt}', 1llllllidpol, or 01 hCI Imnl pllhlie nl I kc fo.lUS I' ^ 1JS I'^ IN hOIll \'01 i111~ Oil :l mcnSl1I c \~ hith ;II\IIC5
10 his sJledal pd\'ale I!aill. Each loeol onkct aho i!; plUhihited 110m kno\\'intdy \oting on a lIieOlsllIc which illurcs to the special
gain of a plindpal (olher Ihan 0 glJ~'e~"melll agcllcy) h}' wholll hc is Iclail1cd,
In eilher ('nse, rOll should disclose Ihe. conllicl:
I'It lOR 'I () n, E VO H: IJ El NG TA J{ EN h)' publicly sl 01 ill!! In I he a.~sclllhly I he nal\! IC 01 r(lllT Inlcl esl ill Ihe Ille:mll C 011
which rOU arc nbslnilling frolll \'olillg; (11/(1
\\'ITH IN 15 OArS AFTEH TilE von~ OCCUltS hy ClIl11plclillg alld Iilillf, Ihis 1011I1 wilh the pcrsollll:spollSible lor rcc(lIdillg
thc milluln of Ihe IIH:cling. who should illcorpOlalc Ihc r0111l ill the 111;lIl1leS,
AI'f'Q1NTEU OFFICEltS:
^ pl:r~(lll holding oppoillt ive COUI\\ Y. 1II1l11ici]laJ, 01 01 hcr local public oil ice M US I ^ BSIA I N hOI11 vOII ng Oil a IllCOSIII c whkh
iOUles 10 his special private coin, Each local olliccI al~t1 is plohibilcd frOl11 knowingl)' volillg nn n IlICOSUle which illUICS 10 Ihc
special gain of :I lirindpal (Olhcr Ihon a gO\'CI1IIllCl1l lIgclIC}') hy \\"hol1l he is Iclailled.
A pCISOIl holdillg all appoilllivc local orlicc olher\\'i!oc 11Iay J1atlicipnle ill a lIIallCI in wllkh he lIa~ a cOlllliel of IlIlcrc~l, hUlllIml
disclo!oc Ihc norlllC ollhe conlliel herOIC making on)' nllelllpllo il1fluCl1cC 111(' decision ur 0101 01 \\'1 illcll COllllllUllic:lIioll. whclhcr
lIIade liy I he 0 r ricel or OIl his :dil cCllon.
IF YOU IN I END 'J() t\IAKJ: AN': An El\11'1' 'I{) IHFLUENCE JIIE DECISION I'RIORIO IIIE t\IEE liNG AI' WIIICII
TilE \'01"1: WILL BE TAKEN:
· YOII .dllluld CUIII plcle alld rile I his rnl III (ht'lOl r II 1:1 l, ill!! anr allC1l1 pi 10 illl1l1CllCl' I hc decisiun) wi. h I he pCI 5011 Ic~polIsible Iur
.. 'colllillg lhc minutcs of Ihe mceting, who \\ill illcOIpmole Ihe 101111 illlhe lIIilllllc~,
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· A copy of lhc 101m should bc pll1\idcd il1llllcdiatdy 10 Ihe olhel ml'lllbelS of Ihe ngellty,
· ') he 10111I shollld be Il:ad Iluhlicly OIl Ihe IlIcelinf, pdtll 10 cOlIsid('latioll or Ille lIIallel ill which you havc a cOllllict of illlc!c~1.
,,: YOU l\JAKE NO ATTEl\tI'T TO INI:LUENCE TItE DECISION EXC1WT BY UISCUSSION AT THI! "'EtliNG:
· You shuuld disclose U1ully Ihe mll\lIc nl' yum conllicl III Ihe tlltlmnc helmc parlh:lpnllnll.
. · ....OU ~huulu cmnplclc lht' fOllll nlld lilt' 11 whhin I~ dn)'l'i nIter the \'OrC OCCIIIS wllh Ihe pelSOIl responsihle fOf fccollJing thc minules
of the mcclil1[!., who should inC<Hl\UllIlc Ihe Corm 11\ I!\(: minulcs.
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, / DISCLOSURE OF lOC^l OFFICER'S 1tHEREST
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NOIICE: UNlJER I'IWVISIONS OF FLOIUl)^ SI'All.J'I ES ~112,317 (lYR5), ^ F^IUIRE .to l\t^~E ^NY HEQUIHED
DISCLOSURE CUNS rr r lJl ES onOUNDS I:OR AN/) ~IA r BE /'UNISIIEIJ BY ONE OR f\IORE or "II IE FOLUJ\\'IN(j~
1l\IPEACIIl\IENT, HEf\IOVA'- OR SLJSI'ENSlot-1 FItOl\1 OFFICE on Ef\Il'LOYMEN r, IJEl\IOlION, ftEIJUCllON IN
;.. 'ItV. ItI;Pltll\\,\NI>, OH ^ CIVIl.I'ENAL1Y 1'101' 'lU EXCEED S5.000.
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