01/20/1994 (2)
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CITY COMMISSION MEETING
January 20, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, JanuE!ry 20, 1994 at 6:00 p.m., wi~h the following members present: '
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Rita. Garvey
Arthur X. Deegan, II
Richard Fitzgerald
Sue A. Berfield
Fred A. Thomas
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: '
. Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
, M: A. Galbraith, Jr.
Peter J. Yauch
Scott Shuford
Cynthia E. Goudeau,
Mary K. Diana
Interim City Manager
Deputy City Manager
Acting Assistant City Manager
City Attorney
Acting Public Works Director
Central Permitting Director
City Clerk
Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Acting Assistant City Manager William C. Baker.
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
Two service awards were presented to City employees.
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ITEM #4 - Introductions and Awards
A citation of appreciation, was presented to the Greenwood Panthers Varsity
Flyweight Division for their first place finish in the. Pinellas Youth Football Conference
Championship.
ITEM #5 .' Presentations. none.
ITEM #6 - Approval of Minutes - none.
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, ITEM #7 - Citizens to be heard re items not on the Aoenda
Jim Doran read part of a letter into the record regarding a November 1991 incident
involving his son, Russ Doran. He indicated litigation would be the only way to clear l-lis
son's name and credibility.
PUBLIC HEARINGS
ITEM #8 - (Cont. from 1/6/94) Receive public comment re: FY 92-93 CDSG Grantee
Performance Reoort (ED)
AND
ITEM #9 - (Cant. from 1/6/94) Amendments to FY 93-94 CDSG Final Statement (ED)
Commissioner Thomas moved' to continue Items 8 and 9. The motion was duly
seconded and carried unanimously.
ITEM #10 - Public Hearina & First Readina Ord. #5530~94 ~ Vacating westerly 1.5 feet of
the easterly 7.5, foot utility easeme'nt lying along the easterly side of Lot 44, College Hill
Estates (Banks, V93~17)(PW)
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The applicant has a pool structure which encroaches approximately 1.33 feet into a
7.5 foot wide utility easement and the decking another 5.3 feet. The City has no existing
utilities within this easement.
This request has been reviewed by the various city departments. and divisions
concerned with vacations and Florida Power, Genorel Telephone and Vision Cable and
there were no objections.
Commissioner Fitzgerald moved to approve the vacation of the westerly 1.5 feet of
the easterly 7.5 foot utility easement lying along the easterly side of Lot 44, College Hill
Estates. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5530-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5530w94 on first reading.
The motion was duly seconded and upon 'roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
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'LTEM #11 - Public l-IearinQ & First Readina Ords. #5525-94. #5526-94 & #5527-94 -
Annexation, Land Use Plan Amendment to Commercial General and CG Zoning for property
located at 1914 Atlantis Dr., Sunset Point Estates, Blk A, Lot 22, 0.14 acres m.o.1.
(Touchette, Sr., A93-27, LUP93-36)(CP)
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The subject property is located on the west side of Atlantis Drive, one block east of
Old Coachman Road, approximately 275 feet north of Sunset Point Road. The applicant
wishes to annex in order to expand his existing building (Flower's Bakery) on the three lots
to the south. The lot is undersized for a General Commercial district, but it will be used in
conjunction with the three lots to the south. The combined area of the lots far exceeds
the dimensional requirements for lots in the General Commercial district. The property
directly across Atlantis Drive to the east is utilized for parking for the Little People's Place
(day care center), and the property directly to the westis used for retail (Renate's
Boutique). The buffering requirements between commercial and residential property
should mitigate possible problems for the single family residential property directly to the
north; In fact, with the parking across the street and the retail business to the rear, the
property is poorly suited for development as residential. The land use and zoning change
should not be detrimental to the neighborhood.
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On January 4, 1994, the Planning and Zoning Board endorsed this request. The
Board felt the adjoining neighborhood would be protected through city buffering
requirements and through anticipated conditional use permit conditions.
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Mayor Garvey expressed concern there could be an over expansion of general
commercial in the area and Mr. Shuford said he did not see a trend being cmated by
annexing this property. He indicated staff would be resistent to changes.
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Donald Touchette, applicant, presented photographs of the existing building which
he leases to Flower's Bakery. In response to questions, Mr. Touchette responded the
building sits on Lots 19, 20 and 21. Lots 17 and 18 are already in the City. He said the
bakery wants to expand and modernize the building.
Commissioner Deegan said there has been concern expressed regarding the huge
trucks that would be coming into the residential neighborhood. Mr. Touchette responded
two semis would deliver the baked goods as they do now, would not be servicing the
building addition and would not be going north on Atlantis Drive. It was noted this is a
distribution center and no baking takes place on the premises.
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,"\ Commi~sion8r Thomas moved to approve annexation, a land use plan amendment
\' to Commercial General and CG zoning for the subjec.t property. The motion was duly
'seconded and carried unanimously.
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The City Attorney presented Ordinance #5525~94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5525-94 on first reading.
TI1e motion was duly seconded and upon roll call, the vote was:
tlAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays~': None.
The City Attorney presented Ordinance #5526-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5526-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
II A yes": Fitzgerald, Berfield, Deeg an, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5527-94 for first reading and read it by
title 'only. Commissioner Thomas moved to pass Ordinance #5527-94 on first reading.
The motion was duly seconded and upon roll call. the vote was:
i'Ayes": Fitzgerald. Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM 1/12 - Public Hearinq & First Readino Ords. #5522-94. #5523-94 & #5524-94 -
Annexation, land Use Plan Amendment to Residential Low and RS-8 Zoning for property
located at 1654 Owen Dr., Orange Blossom Sub., N 10 feet of Lot 17 & 60 feet of Lot 18,
0.22 acres m.o.1. (Alexiades, A93-26, LUP93-35)(CPI
The subject property is located on the west side of Owen Drive, approximately 230
feet south of SR590 and 1,120 east of US19. The applicants wish to annex to obtain city
sewer service. ' The lots in Orange Blossom 'Subdivision, which are in the City, have a
future land use plan classification of Residential Urban and RS-8 zoning. The Countywide
future land use classification for the property is Residential Low. Staff recommends
adopting the Countywide land use of Residential Low and assigning RS.,8 zoning. After
the proposed Residential Planned Development District ordinance revisions are adopted by
the City, the property should be assigned the appropriate Planned Development District
designation, RPD-E.
On January 4, 1994, the Planning and Zoning Board endorsed this request.
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Commissioner Deegan moved to approve annexation, a land use plan amendment to
Residential Low and RS-8 zoning for the subject property. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 115522.94 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5522-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
II Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
IIN~yst1: None.
The City Attorney presented Ordinance #5523-94 for first reading and read it by
title only., Commissioner Berfield moved to pass Ordinance 115523.94 on first reading.
The motion w~s duly seconded and upon roll call, the vote was:
"Ayest1: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The,City Attorney presented Ordinance 115524-94 for first reading and read it by,
title only. Commissioner Thomas moved to pass Ordinance 115524-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
" " Ayes": Fitzgerald, Barfield, Deegan, Thom as and Garvey.
"Nays": None.
, ITEM 1113 - (Cant. from 1/6/94) Public Hearing & First Reading Ord. #5509~94 - RM-8
Zoning for property located at 1706 N. Highland Ave.. Grave Circle Sub., Lot 16 (Smith,
Z93~13)(CP)
The subject property is located on the southwest corner of Grove Circle Court and
North Highland Avenue, between Sunset Point Road and the Seaboard Coastline Railroad.
The applicant is requesting rezoning in order to upgrade his residential care facility (six
beds) to a Level 1 group care facility (eight beds). Level 1 group care facilities afe not
allowed in single family zoning districts, but are permitted uses in the RM-8 district. In
1989, a conditional use permit was approved for the applicant's property for a ten bed
ACLF facility. A six month extension of this conditional use permit was approved by the
Planning and Zoning Board on June 19, 1990, but the use was never established. On
September 20, 1990, the city code was changed to delete Level 1 group care facilities
from the RS-8 zoning district. This prevented further consideration of the applicants'
proposal without a change in zoning.
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The property along North Highland Avenue from Sunset Point Road south to the
Seaboard Coastline Railroad has a mix of land use categories: Commercial General,
Institutional, Residential High, and 'Residential Urban. North Highland Avenue is classified
as a City collector. The road is proposed to be improved within the next two years.
While there is no future land use plan amendment associated with this request, the
proposed amendment could be considered spot zoning. The property is less than the four
acres minimum area suggested in the Land Development Code for establishing such a
district. Staff is reluctant to support this request because it promotes further
fragmentation of the zoning pattern in this area.
Mr. Shuford said the Planning & Zoning Board's proposal of bringing forward an
amendment to the code was a compromise and was endorsed over allowing a rezoning.
On January 4, 1994, the Planning and Zoning Board recommended denial of this
request but did direct staff to bring forward a Land Development Code amendment to
allow Level 1 group care facilities in the RS-8 zoning district as a conditional LIse with
some limitations such as being located on an arterial roadway.
Leo Smith, applicant, conct,.lrred with the Planning & Zoning Board's proposal.
Bob Bickerstaffe spoke in support of the proposed amendment indicating the use
will be the same; the applicant just wants to upgrade his facility.
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Mr. Shuford said HRS guidelines control the upgrading of facilities.
Commissioner Fitzgerald found the current proposal to be appropriate; however.
urged caution when allowing these type facilities in single family neighborhonds. ,Mayor
Garvey pointed out there is a distance separation requirement and Commissioner Fitzgerald
responded currently these facilities are not allowed in single: family areas. Mr. Shuford
said the intent of the ordinance is to allow these facilities only on the periphery of single
family zones and access would be required from an arterial roadway. Mayor Garvey asked
the definition qfan "arterial" roadway and it was indicated there was no clear definition,
that "arterial" is graphically defined.
Commissioner Fitzgerald expressed concern these type facilities may start intruding
into single family zones and again urged that extreme caution be used in setting up the
ordinance.
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Commissioner Deegan moved to deny the request for RM-B zoning for the subject
property and directed staff to come back with a land development code amendment
allowing Level I group care facilities in the RS-B zoning district as a conditional use. , The
motion was duly seconded and carried, unanimously.
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ITEM #14 - Public Hearino & First Reading Ords. #5533-94 & #5534-94 - Land Use Plan
Amendment to Institutional and PISP Zoning for property located at 3190 McMullen-Booth
Road, Turtle Brooke Sub., Parcel A, 2.55 acres m.o.!. (Wright, LUP93-38, Z93-52HCP)
The subject property is located in the City, on the west side of McMullen Booth
Road, across from its intersection with Briar Creek Boulevard, approximately midway
between SR580 and Curlew Road (SR586). North Bay Community Church plans on
purchasing this property and utilizing it for church purposes. The intended initial use of the
property includes a service road along the front of the property with access to McMullen
Booth Road across from Briar Creek Boulevard. This will provide access to the church
from the northbound lanes on McMullen Booth Road after the planned improvements to
that road 'are completed. The property lies between two parcels zoned P/SP.
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McMullen Booth Road is designated as a scenic/non-commercial corridor by the
Pinellas Planning Council (PPC). The proposed land use classification has been allowed by
the PPC in similar circumstances. Staff feels the proposed land use and zoning are
appropriate for this location and circumstances.
On January 4, 1994, the Planning and Zoning Board endorsed this request.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of
Community Affairs reviews will be required.
Commissioner Fitzgerald moved to approve a land use plan amendment to '
Institutional and PIS? zoning for the subject property. The motion was duly seconded and
carried unanimously.
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Bruce, Barnes spoke in support of the application indicating the church has
outgrown their present space. He noted the church now owns the subject property.
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The City Attorney presented Ordinance #5533-94 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5533-94 on first reading.
The motion was duly seconded and upon roll call. the vote was:
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorne\, presented Ordinance #5534-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5534-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfiel~, Deegan, Thomas and Garvey.
"Nays": None.
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ITEM #15 - Public Hearina & First Readino Ords. #5531-94 & #5532-94 - land Use Plan
'Amendment to Institutional and PISP Zoning for property located at 701 N. Missouri Ave.,
New Country Club Addition, lot B, lot 12 less road on west, and N 135' of unplatted Blk
C west of the 1/2 section line, 0.97 acres m.o.1. (City, lUP93-39, Z93-53HCP)
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The subject property is located in the City on the southeast corner of North
Missouri Avenue and Seminolo Street, across from the Jack Russell Stadium and the
'National Guard Armory. The property has been leased by the City to the Clearwater Hoad
Start Project since 1978. There is a building on the south part of the property which is
used as classrooms. The north part has a fenced outside play area. The Head Start
Project needs additional building space for its expanding enrollment. The present zoning
does not permit additional construction on the site. The proposed future land use plan and
zoning atlas amendments are being requested to permit the proposed expansion. The
property is under the minimum size for a PISP lot since it is slightly under one acre.
However, the amendments would be an expansion to the existing PISP diatricts to the
west and south.
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On January 4, 1994, the Planning and Zoning Board endorsed this request.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of
Community Affairs review will be required.
ffr: ;1 Com'missioner Thomas moved to approve a land use plan amendment to'
"',.J Institutional and PISP zoning for the subject property. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5531 ~94 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance 115531-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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"Nays": 'None.
The City Attorney presented Ordinance 115532-94 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5532-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
':Nays": None.
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ITEM #16 - Alcoholic BeveraQe DIstance Seoaration Variances for oropertv (Waterfront
Pizza Restaurant) located at 490 Mandalav Ave., Clearwater Beach Park, Lots 57.63 and
part of Lot 64 (Mary G. Realty, Inc./Gionis, AB94-02HCP)
The applicant is requesting two alcoholic beverage separation distance variances to
permit a 2.COP (beer/wine sales for on premise consumption) alcoholic beverage license.
The applicant proposes to expand the existing restaurant establishment to provide more
seating for his clientele. The proposed closing time for the operation is 12:00 midnight.
,with outdoor sales limited to 11 :00 p.m.
Two variances are required due to the proximity of a similarly licensed
establishment (Jammin's) and the existence of a CR~28 zoning district immediately
abutting the subject property to the west side.
This use would be a conditional use under the proposed amendment to the alcoholic
beverage regulations since more than 10% of the total floor area of the center contC!ins
alcoholic beverage uses.
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On January 4, 1994, the Planning and Zoning Board approved the 'conditional use
permit subject to: 1) there shall be no other alcoholic beverage sales uses (botl, package
and consumption on premise) within the retail center; 2) approval shall bs for on-premises
consumption of alc'oholic beverages only with no package sales; 3) the requisite
occupational license shall be obtained within six months from the'date of this public
hearing; 4) the building shall be used in such a manner as to retain its status as a retail
center; 5) the applicant shall obtain the requisite alcoholic beverage distance separation
variances from the City Commission; 6) all signage on the property sholl be brought into
compliance with the city sign regulations within 30 days of this public hearing; 7) the
closing time for the use shall be no later than 11 :00 p.m. for exterior seating and 12:00
midnight for interior seating; and 8) there shall be no entertainment or outdoor speakers
associated with the use.
Mr. Shuford indicated the request is for a minor expansion in an area away from the
residential neighborhood.
Commissioner Deegan asked how many additional seats were being proposed. Mr.
Shuford responded thirteen would be allowed per the Fire Marshall.
Commissioner Berfield asked if condition 1/1 imposed by the P&Z Board meant no
other alcoholic beverage sal,es uses in the entire center. Mr. Shuford responded this was
the case. He said the center is classified as a retail complex and already exceeds the
parking requirements regarding alcoholic beverage sales uses. In response to a question,
Mr. Shuford said the owner agrees to the condition which has been in effect for 1-1/2
years. Commissioner Berfield asked if the condition is binding on the owner and the City
Attorney said the condition is part of the record. Mr. Shuford said Tom Gionis has been
designate'd to represent the owner.
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Commissioner Thomas asked who are the principal shareholders of Mary G. Realty.
Mr. Tom Gionis stated he and Nick Gionis are. Commissioner Berfield felt there should be
a procedure in place to assure that property owners are in agreement with conditions
imposed by staff when represented by someone else.
Commissioner Thomas moved to approve a variance of 68 feet to permit alcoholic
beverage sales 132 feet from a similarly licensed establishment and a variance of 297 feet
to permit alcoholic beverage sales 3 feet from a residential zone for the subject property.
The motion was duly seconded and carried unanimously. .
ITEM #17 - Alcoholic 8everaQe Distance Seoaration Variances for oropertv (Ole Park
Dinner Theatre) located at 1102 N. Greenwood Ave., Greenwood Manor, Lot 1 less road
and part of Lot 2 less road (Bridges, AB94-01 Hep) ,
, The applicant is requesting two variances to permit a 4-COP~SRX alcoholic
beverage establishment to be located 60 feet from a residential zone and 80 feet from a
church. The subject property is a restaurant named Ole Park Dinner Theatre. The owner
proposes to re-establish this previous use in the North Greenwood neighborhood.
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Under the proposed changes to the alcoholic beverage regulations, including the
ordinance the Commission received and referred after this application was received, this
use would not be permitted since it is a new use and is proposed in proximity to a church.
However, based on the community standards of the North Greenwood neighborhood this
use is acceptable. Consequently, if the Commission wishes to allow the re~establishment
of previously existing alcoholic beverage uses in this area, staff recommends the
prohibition of these uses within 500 feet of a church proposed for the revised alcoholic
beverage regulation revisions not be included for the North Greenwood Commercial
District. '
Last year, staff "polled" the North Greenwood neighborhood groups regarding the
number of alcoholic beverage establishments along North Greenwood Avenue. This "pollll
included the North Greenwood Design Review Committee, the North Greenwood
Association and the Clearwater Neighborhood Housing Services Board. The consensus of
these groups regarding this issue was that alcoholic beverage sales at existing or
historically-occurring locations were acceptable, but such sales at new locations were not.
The Police Department submitted a report on this proposat indicating its concern
regarding alcoholic beverage sales at this location. The report notes the applicants do not
have ,criminal records in conflict with city code.
On January 4, 1994, the Planning and Zoning Board approved the conditional use
application for alcoholic beverage sales associated with this request subject to: 1) the
applicant shall obtain the requisite occupational license within six months of this public
hearing; 2) the applicant shall obtain a separation variance from the Commission; 3)
approval shall be for a 1 year trial period from date of issuance of the occupational license
to allow an evaluation of the proposed operation's compliance with law enforcement
regulations; and 4) there shall be no outdoor entertainment or speakers.
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Harry Cline, attorney representing the applicant, stated approval of the request will
allow the applicant to reopen the Ole Park Dinner Theatre. He said this would be
consistent with the historic use and the report fostered by the 1988 North Greenwood
Commercial District Plan. He noted the residents are in favor of the request. He pointed
out the negative po1ic~ report did not occur when the property was under Mr. Bridges
operation. He said the property was used as a rental hall and one of the events got out of
hand. Mr. Cline said rv:lr. Bridges has lived in the neighborhood a long time and wants to
give back to the community. Mr. Bridges has no police record and ran the Blue Fountain
without any problems. Mr. Cline pointed out the community does not have a facility of
this type. He found this to be a unique circumstance due to the zoning. He said any
alcoholic beverage establishment would require a distance separation variance. He
believed there would be no adverse impacts and said he has received letters in support
from the North Greenwood Association, a retired police officer from Bridgeport,
Connecticut, where Mr. Bridges operated a business, and other businesses in the area.
Austin Watts, Jr., concerned citizen, spoke in support of the request indicating this
facility would give the residents a place to go.
Lamont Cobbs spoke in support indicating this facility would create entertainment
opportunities and/or enjoyment for people of all ages. He said Greenwood is full of
destructive activities and something positive is needed to help eliminate the problems.
Cherry Harris said a nice place is needed in the Greenwood area and supported the
request.
(~,'~~ lsay Gulley, Clearwater Neighborhood Housing Services (CHNS), said the CNHS
board would support facilities in the Greenwood area that had alcoholic beverages
previously. She said reestablishing the previous use would create job opportunities.
Mayor Garvey felt the building was conducive to a fine restaurant and supported
the request. '
Commissioner Deegan asked if the negative police report resulted in failure to meet
standards 5-7 of the land development code. Mr. Shuford responded this was the case.
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, Commissioner Deegan asked if the negative police report occurred when the,
property was under the management of Mr. Bridges. M~. Shuford responded this occurred
when Mr. Bridges was renting out the property. He said no one in opposition to the
request appeared at the Planning & Zoning Board meeting.
ClJmmissioner Deegan said he holds Mr. Bridges in high regard and believed
allowing an enterprise of this sort would help with revitalization efforts in the area. He
pointed out there would be a review in a year. He supports the application.
Commissioner Fitzgerald supported the request indicating it would benefit North
Greenwood. He said he is aware of Mr. Bridges' good reputation and feels a facility of this
typ'e would provide job and entertainment opportunities:
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Commissioner Thomas agreed; however, questioned what would happen if Mr.
Bridges no longer operated the business. Mr. Shuford said any change of ownership of an
alcoholic beverage establishment would come back to the Planning & Zoning Board;
however, the variance would run with the land. Mr. Shuford pointed out an amendment to
the alcoholic beverage regulations is being discussed which would allow automatic renewal
in the case of change of ownership. Commissioner Thomas felt there needed to be some
check and balance in case there was a change in ownership. Mayor Garvey expressed
concern in prejudging any possible new owner.
Mr. Shuford responded proposed changes to the code may make this a permitted
one with no separation variances required. Staff has also been considering eliminating the
separation distance proce~ure.
The City Attorney suggested adding a condition that, not withstanding any
subsequent amendment to the land development code that might be adopted, the approval
of the variance is personal to the applicant and upon a change of business ownership the
new owner will apply for conditional use approval.
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Mr. Cline said he understood Commissioner Thomas' concerns; however, did not
agree with applying a condition on this applicant that is not applied to others.
Commissioner Thomas responded North Greenwood has had a long series of problems
with businesses that sell alcohol. He supported this establishment; however, indicated
this area is not the same as other areas in the community. He said the're is a need to be
responsible on how variances andlor changes are granted. He felt this or any future
Commission should have the right to review ownership changes.
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Mr. Cline recommended the conditional use process remain as is regarding change
of ownership. He noted when three citations are issued against a business in the State of
Florida a license is revoked. He felt there were a multitude of safeguards regarding the
sale of alcoholic beverages.
Commissioner Berfield wanted assurances that under age drinking will be
monitored. She also expressed concern regarding an ownership change. Mr. Cline pointed
out currently the code deals with change of ownership. He said jf there are problems In
the future, then that is the time to deal with them.
Commissioner Thomas moved to approve two variances to allow alcoholic beverage
sales uses 60 feet from a residential zone and 80 feet from a church for the subject
property because the applicant has met all the standards for approval for Section 45.25 of
the City of Clearwater Code of Ordinances subject to (1) the applicant shall obtain the
requisite occupational license within 6 months of this public hearing; (2) the approval shall
be for a one-year trial period from the issuance of the occupational license to allow an
evaluation of the proposed operation's compliance with law enforcement regulations; (3)
there shall be no outdoor entertainment or speakers; and (4) not withstanding any
amendments to the land development code that may later be adopted, this approval is
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based upon the reputation of the applicant and personal to the applicant, upon a change of ,
business ownership the new owner shall be' required to apply for and obtain conditional
usa approval and a separation variance. The motion was duly seconded.
Commissioner Fitzgerald felt the Commission was establishing a requirement on this
particular area and individual and not establishing the same requirement across the board.
He said he agreed there have been difficulties in the past but felt an area or an individual
should not be prejudged until there is evidence of a problem. He said there are
mechanisms in place to deal with problems. He said he would like to vote for the request;
however, did not agree with the added condition. He said this condition brings into focus
something that should be considered prior to a change in the code.
Mr. Cline said it is unfair to, place this condition on Mr. Bridges' request.
Mayor Garvey said she supported the request; however, not with the added
condition. She said this condition was not being uniformly applied to other properties and
found it vastly unfair to place it on this property.
Commissioner Thomas spoke to the additional condition indicating this application
has been sold based on Mr. Bridges' reputation. Mayor Garvey responded not to her.
Commissioner Thomas said the City has been trying to rebuild the community for a long
time. He felt there was a direct correlation of alcohol abuse to crime. He 'said the
condition provides that in the event of a transfer of the business, it would come before the
Commissfon. Mayor Garvey questioned whether this provision should be left in the code
(~~; so that everyone meets the same requirements.
Commissioner Thomas amen~ed his motion by deleting the words l1and a separation
variance." The City Attorney explained by doing this only conditional use approval would,
be required and would be consistent with the current code. The seconder accepted the
amendment.
In response to a question, the City Attorney said the proposed additional condition
is designed to put a condition on the application that would survive a change to the land
development code.
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Commissioner Fitzgerald said he did not see why something different had to be
established for this particular application.
Commissioner Thomas amended his motion by deleting the condition regarding
ownership change.' The seconder concurred.
Commissioner Berfield saw no need for the condition regarding a change in
ownership as it did what was already in the code.
Upon the vote being taken on the motion to approve two variances to allow an
alcoholic beverage sales use 60 feet from a residential zone and 80 feet from a church for
the subject property because the applicant has met all the standards for approval for
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Section 45.25 of the City of Clearwater Code of Ordinances subject to (1) the applicant
shall obtain the requisite occupational license within 6 months of this public hearing; (2)
the 'approval shall be for a one~year trial period from the issuance of the occupational
license to allow an evaluation of the proposed operation's compliance with law
enforcement regulations and (3) there shall be no outdoor entertainment or speakers, the
motion carried unanimously.
ITEM #18 - Public Hearino & First Readinq Ord. 115513-94 - Amending Sec. 35.11, to
define "Church" and "School"; amending Sees. 41.081 & 41.091, to revise information
required to be provided by applicants for conditional use approval for alcoholic beverage
establishments; prohibiting alcoholic beverage establishments within SOD' of a church or
school; providing no variances from such minimum distance requirements shall be
permitted (LDCA 93-27)(CP)
The Commission directed staff to prepare an interim ordinance addressing the,
separation of alcoholic beverage uses from churches and schools. These changes will
ultimately be included in the comprehensive alcoholic beverage regulation ordinance being
prepared, but the Commission felt more immediate action was needed with regard to
schools and churches. '
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The ordinance was considered by the Commission for first reading in December;
however, this particular amendment involves the Land Development Code, and requires
Planning and Zoning Board approval prior to Commission action. Staff is therefore
recommending the Commission "re-approve" the ordinance on first reading.
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The ordinance will prohibit alcoho'ic beverage uses from locating within 500 feet of
a church or a school, except in three of the four Urban Center subdistricts. No variances
to this prohibition would be allowed. "Churches" and "schools" are defined in the '
ordinance to improve clarity.
Staff recommends adoption of the ordinance with three changes: existing alcoholic
beverage uses within 500 feet of churches and schools should be permitted to expand by
up to a maximum of 50% of their floor area (at the time of adoption of this ordinance); the
ordinance should be revised to reflect the distance separation is from conforming churches
and schools; and the North Greenwood Commercial District should be exempted from
these requirements, if the Commission wishes to follow the recommendation of the North
Greenwood community concerning previously-existing alcoholic beverage uses.
On January 4, 1994, the Planning and Zoning Board recommended denial of this,
ordinance as they felt alcoholic beverage uses should be considered on a case-by-case
basis, with no outright prohibition of consideration of any commercial area, regardless of
proximity to a church or school. The Board was also concerned about the more stringent
500 foot separatior:' distance requirement.
Mr. Shuford reviewed the proposed changes indicating the Planning & Zoning Board
is recommending denial of the proposed ordinance and the Development Code Adjustment
Board expressed concern in no provision for granting a variance. He presented a map
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showing the impact of going from a 300-foot to a 500-foot separation which reflected
little difference. ' He noted with Belleair Elementary School adjacent to Sunshine Mall and
Searstown, requiring a SOD-foot distance separation with no provision for a variance would
pre,clude new alcoholic beverage uses from locating in either of the two centers.
Commissioner Fitzgerald expressed concern the ordinance is too restrictive and,
worked against the economic development of the community. He said he was opposed to
the ordinance. Commissioner Thomas asked what in the proposed ordinance prevents
variances from being granted on a case by case basis and Mr. Shuford said the ordinance
establishes a prohibition for variances. Commissioner T~omas supported the 500 foot
separation but did not support no proyision for variances.
Discussion ensued regarding amending the ordinance to allow provision for granting
variances.
Anne Garris felt the Commission was very reluctant to turn down variances. She
said there is a need to do something positive to protect churches and schools from,
intrusion of alcoholic beverage ,establishments. She asked the Commission to give serious
consideration to not allowing variances from the 500 feet.
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Bob Bickerstafte asked jf the measurement is being made from the property line or
from the building., Mr. Shuford said this ordinance would measure from the property line
which is substantially more stringent. Mr. Bickerstaffe pointed out the Holiday Inn, with
the Greek Church located behind it, could not rebuild under this ordinance. Commissioner
Deegan said the ordinance allows a 50 percent expansion for existing facilities. Mr.
Bickerstaffe said measuring from property line to property line would eliminate almost all
rebuilding. He recommended suitable distances between 'buildings and found variances to
be ne'cessary in redevelopment.
Commissioner Thomas found this to be a complex issue and felt the Commission
should review the alcoholic beverage ordinance as a whole.
Commissioner Thomas moved to deny a land development code amendment
regarding the separation of alcoholic beverage uses from churches and schools. The
motion was duly se'conded.
Commissioner Thomas recommended dealing with the alcoholic beverage ordinance
at a work session. ' .
Commissioner Berfield, referring to the Clearwater High issue regarding alcoholic
beverages, asked why the Planning & Zoning Board could not deny the application. Mr.
Shuford said different boards are designed to look at different areas of an application.
Staff is proposing to have one board review the total issue regarding alcoholic beverage
applications.
Ms. Deptula said a work session regarding this issue will be scheduled for February
28, 1994.
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Commissioner Thomas asked if this work session should be done jointly .with the
boards involved and it was indicated not at this time.
Upon the vote being taken, Commissioners Fitzgerald and Thomas and Mayor
Garvey voted "aye;" Commissioners Berfield and Deegan voted "nay.lt Motion carried.
ITEM #19 - (Cant. from 1/6/94) Public Hearinq & First ReadinQ Ord. #5512-94 ~ Amending
Sec. 42.34 to prohibit parking, displaying or storing of motor vehicles on grass or unpaved
areas zoned for multiple family or nonresidential use unless approved flS a grass parking lot
(LDCA 93-19)(CP)
The Community Response Team has requested a code amendment,be prepared to
preclude vehicles and other objects from being parked, displayed or stored on required
open space and landscaped areas. The Team is finding it difficult to keep displays, storage
, and parking from occurring on these areas, given current code language. This amendment
should provide the specificity needed by the Team to ensure adequate enforcement.
The CERTF reviewed the item on September 15, 1993, and recommended adoption
subject to its application to all residential properties. '
The Development Code Adjustment Board recommended approval of this
amendment and endorsed the Task Force's recommendation that the ordinance also be
applied to single family residential properties.
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The Planning and Zoning Board recommended adoption of the ordinance as written
due'to their concern that the ordinance would require single family, duplex, triplex, and
townhouse uses (i,e., non~multifamily residential uses) to have paved driveways and
parking areas; the, Bo ard felt turf block, mulched, graveled, 0 r even grass parking areas
were appropriate in certain circumstances for these low intensity residential uses. The
Board felt a separate ordinance should be prepared to address those less intense residential
use situations.
Both Boards also felt a separate ordinance should be developed to address parking
in the grassed areas of public right-of-way between the curb and the sidewalk. Staff
, recommends the Planning and Zoning Board recommendation be followed.
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, Mr. Shuford stated the Community Response Team requested staff clarify language
regarding parking on open space and landscaped areas and an ordinance addressing multiM
family and non-residential uses was developed. This ordinance requires all vehicles' in
multi-family or non-residential zones to be parked on a paved surface. He said if single-
family is added to this ordinance it would be in contradiction with other sections of the
'code. He said staff is suggesting following the P&Z recommendation fldopting the
ordinance as written and going back and dealing with single family, duplex and triplex uses,
separately.
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In response to Mayor Garvey's question, Mr. Shuford responded staff is suggesting
not making the amendment to include single family zones and to approve the ordinance as
written. He said the motion to include single family had been recommended by the Code
Enforcement Review Task Force and was brought up at receipt and referral of the item.
Commissioner Berfield expressed concern accepting the amendment would be in
conflict with other sections of the code.
The City Attorney recommended deleting the second'Section 2.
, Commissioner Thomas agreed the single family issue should be dealt with
separat~ly .
Commissioner Thomas moved to amend Ordinance 5512-94 on first rea'ding by
deleting the secOnd Section 2. The motion was duly sl;}conded and ..::arried unanimously.
The City Attorney presented Ordinance #5512-94 as amended for first reading and
read it by title only. Commissioner Thomas moved to pass Ordinance 115512-94,a5
amended on first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 - Public Hearinq & First ReadinQ Ord. #5521-94 - Amending Sec. 44.51, to
provide for increa~ed area for attached siglls in residential areas (CP) "
Commissioner Berfield moved to continue this item to the regularly scheduled
meeting of February 3, 1994. The motion was duly seconded and carried unanimously.
The meeting recessed from 8:47 p.m. to 9:03 p.m.
Public Hearing p Second Readinq Ordinances
ITEM #21 - Ord. #5461-93 - Land Use Plan Amendment for property located at 601, 605
. & 607 Orange Ave., Turner's Third Add., Blk 12, Lot 4, Parcel A, to Institutional AND 604
& 606 Bay Ave., Turner's Third Add., Blk 12, part of Lots 1 & 2, Parcel B, to Institutional,
0.50 acres m.o.l. (Episcopal Church of the Asconsion LUP93-26) ,
The City Attorney presented Ordinance 1/5461.93 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5461-93 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan, Thomas and Garvey.
"Nays": None.
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ITEM #22 - Ord. #5462-93 - Zoning for property located at 601, 605 & 607 Orange Ave.,
Turner's Third Add., Blk 12, Lot 4, Parcel A, to Public/Semi-Public AND 604 & 606 Bay
Ave'., Turner's Third Add., Blk 12, part of Lots 1 & 2, Parcel 8, to Public/Semi-Public, 0.50
acres m.o.!. (Episcopal Church of the 'Ascension 293-' 0)
The City Attorney presented Ordinance 1/5462-93 for second reading and read it bV
title only. Commissioner Thomas moved to pass and adopt Ordinance #5462~93 on '
second and final reading. The motion was duly seconded and upon roll call, the vote ~as:
"Ayesll: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
UNays": None,
ITEM #23 - Ord. #5506-94 - Establishing City's commercial recycling program including a
competitive rate schedule
The City Attorney presented Ordinance #5506-94 for second reading and read it by
title only.
Ms. 'Deptula asked the Commission to reconsider the requirement the rates could
not be adjusted more than 50 percent.
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Assistant Public Works Director Robert Brumback said publishing the lower limit in
the ordinance allows for undercutting by the competition. He said the pro forma imposes
an automatic bottom 'line amount and requested the stipulation in the ordinance be
removed.
Commissioner Thomas said if the 50 percent limit is listed the customer will be
looking to use this percentage as a otarting point for negotiation, He said the marketplace
will determine the price.
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Bob Bickerstaffe spoke in support of deleting the 50 percent cap.
Commissioner Deegan asked if the City is going to. go through all the requirements
to register as a recovered materials dealer. Mr. Brumback indicated he will register with
the City and expects all the other dealers to register as well.
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Commissioner Deegan asked if there will be enough timE) for competitors to comply
with the effective date of this ordinance. Mr. Brumback said it will be tight but the City
has always extended the courtesy of a reasonable length of time to do business.
Mayor Garvey asked if, there is a reason for a February' date. Mr. Brumback said
this service was set UP annually and found the February' date to be adequate for future
years. He said the first year will be somewhat rough as the state has not gotten their
procedures together.
The City Attorney said if the deadline is going to be tight or impossible, .he would
recommend changing it to March 1. Mr. Brumback said there will only be a problem the
first year and the state will probably not have their procedures in place until July.
Commissioner Deegan pointed out the ordinance requires registration with the City
by February 1 and requires certification pursuant to state law. He said the' only date
certain at this time is the date to register with the City.
Mr. Brumback agreed with the March 1 date and said he will continue to work with
the state.
Commissioner Thomas moved to am!3nd Ordinance 5506~94 in the title by changing
February 1,,1994 to March " 1994. The motion was duly seconded and carried
unanimously.
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Commissioner Thomas moved to pass and adopt Ordinance #5506-94 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.'
ITEM #24 - No item.
ITEM #25 - Ord. #5508-94 - Amending various sections within Ch. 45 to establish minor
variances and provide for minor variance approval by the Development Code Adjustment
Board (LDCA 93~24)
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Commissioner Thomas moved to continue this item to the regularly scheduled
meeting of February 3, 1994. The motion was duly seconded and carried unanimously.
ITEM #26 - Ord. #5511-94 - AmendingSecs. 40.261-40.264 regarding revisions to
Planned Development District requirements (LDCA 93~16)
Commissioner Thomas moved to amend Ordinance 115511-94 on page 5, Section
40.264{c) 1, change "a portion of site" to "more than ten percent of the site or the '
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addition of a use or uses not specifically approved for the district". The m'otion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5511-94 as amended for second reading
and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance
#5511-94 as amended on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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"Nays": None.
,ITEM #27 - Ord. #5514-94 - Vacating portion of 10' east/west alley, lying between t~e
f9rmer C.S.X. Railroad and Hamlet Avenue, Map of Belleair, Blk 15 (Mallory, V93-1 6)
The City Attorney presented Ordinance #5514-94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5514-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
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"Nays": None.
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ITEM #28 - Ord. #5516-94 - Land Use Plan Amendment to Residential High for property
located at 1110 Pine Ave., Mary Land Sub., 81k 83, Lots 1-12 and vacated west 1/2 of
Madison Ave., 1.89 acres m.o.1. (RHA/Florida Properties, Inc., LUP93-37)
The City Attorney presented Ordinance #5516-94 for second reading and read it by
title only. Co m missioner Berfield moved to pass and adopt Ordinance 11551 6-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": 'Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
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ITEM #29 - Ord. #5517..94 - RM-28 Zoning for property located at 1110 Pine Ave., Mary
Land Sub., Blk B3, Lots 1-12 and vacated west 1/2 of Madison Ave., 1.89 acres m.o.l.
(RHA/Florida Properties, Inc., Z93-51)
The City Attorney presented Ordinance #5517~94 for second reading and read it by
title only. Commissioner' Berfield moved to pass and adopt Ordinance #5517-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
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ITEM #30 ~ Soecialltems of widesoread pubHc interest
a) Water Supply Status Report - Rescheduled to the regularly schedule'd meeting. of
February 3, 1994. '
ITEM #31 - Citizens to be heard re items not on the Aaenda
Shirlev Moran asked why outside displays of merchandise are allowed downtown
and not on the beach. Mayor Garvey responded downtown has been granted a special
I' exception to help with revitalization efforts.
Joe Evich requested the funds realized from sale of Sun Bank Building go back to
their original source.
CITY MANAGER REPORTS
ITEM #32 - Membership in Pinellas Public librarv Cooperative, effective 10/1/94 (LIB)
The Pinellas Public Library Cooperative was formed in January, 1989 when twelve
, local communities with public libraries signed an interlacal agreement to provide library
service to 'any resident of the member library communities or unincorporated Pinellas'
County in exchange for county tax funds. The City of Clearwater chose not to join at that
time.
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During the past four years, the library cooperative has developed a successful track
record. In March, 1993, the Clearwater Public Library Advisory Board formed a task force
to re-evaluate co-op membership. After meeting with co-op member library directors and
studying the impact that opening library usage to county residents might have on
Cle'arwater, the Library Board unanimously voted to recommend joining the Pinellas Public
Library Cooperative. The Library's support groups, Friends of the Clearwater Library and
the Greater Clearwater Public Library Foundation, have also voted in favor of co-op
membership.
The approximately $500,000 per year in countY funds will be used primarily to
purchase library materials and hire support staff for the East and Countryside branches,
which are anticipated to receive the greatest impact from co.op membership. It is
important the Commission understand that the county funds are reimbursement for service
to county residents; they are not intended to supplant the local operating budget which
serves Clearwater residents. The co-op funds will be deposited to a separate account and
handled as a grant. '
Dr. Arlita Hallam, Library Director, explained that after taxes paid by county
residents increase, county residents will pay $1 9 next year for library services while
Clearwater residents pay $31.59. She said dedicating co-op funds to serving the added
county residents will result in an effective reimbursement of $27.16 per non-resident
borrower.
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She said the East and Countryside branches are expected to experience the greatest
drain on their collections. Half of the approximately $507.000 to' be provided yearly by
the co.op will be used to purchase library supplies fo'r those locations and 13.5 additional
staff will be hired. She estimated it will take four years to return the turnover rate at East
and Countryside back to the present level.
Dr. Hallam said because it is not a member of a county system. the Clearwater
Public Library System is 110t now eligible for state project or construction grants. If
Clearwater joins the co-op. it may apply for one of four annual project grants made
available to Pinellas County and for library construction grants. If Clearwater joins the co-
op, it ~i11 qualif~ for 17% of the 85% of the total co-op fund.
Dr. Hallam pointed out the diversity of collections offered in local communities.
Clearwater residents would no longer be limited to their 450.000 materials but could use
the additional 1.6 million materials. She said the information highway system is
developing at a very rapid speed and if the City i~ going to be a vital part of this system,
the City needs to be a member of the co-op. . '
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Frederh'::k Dunn spoke in support of joining the cooperative as it would not cost the
taxpayers and would improve our library system,. There would be money in grants from
the state which could be'used for library services.
Sheila Cole spoke in opposition indicating she did not believe in getting something
without strings attached. '
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David Berry, library Board. spoke in support indicating joining the cooperative
~ystem would provide the opportunity of delivering greater library services.
_ Tony Bacon. Library Board, said he has been working on the project for a year. He
pointed out there are three strong support groups of the library who voted to join.
Bob Wright, Budget Advisory Committee, said the BAC voted unanimously not to
join the co~op strictly on a financial basis. He said the committee felt to join would mean a
substantial increase in the budget or a decrease in services to the citizens. He expressed
'concern it would take four years to get the service at Countryside and East libraries back
to where it is today.
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Bob Bickerstaffe said it has taken a long time to build Clearwater's library. He said
if all the cities had equivalent resources to Clearwater, he would be in favor of joining.
Joe Evich questioned the percentage of allocations of the funding pool. He
questioned what would happen if Clearwater joins and then pulls out. He felt there needs
to be agroement in regard to the funding. He wondered whether the county should take
over the libraries and operate them.
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Mayor Garvey responded Clearwater would have control of what happens to their
library and how much the City puts In. She said if the current level of library service is
maintained, Clearwater taxpayers would be paying the same amount as they do now. The
City of Clearwater would collect 17 percent of the fundlng'pool.
Marvin Moore ,spoke in opposition indicating every time the County is involved in
the operation of something it costs the citizens of Clearwater money. He said the citizens
need to ask themselves whether the citizens would be better off by joining the '
cooperative, 'can the citizens be shown they will not be bearing a disproportionate share of
the financial burden and can the county administer the system more'effectively. Dr.
Hallam clarified the county would not be administering the system, a cooperative board
made up of representatives of the various cities would be responsible.
Daniel Moran complimented the,boards for their hard work; however, did not
support joining the cooperative. He said Clearwater has the finest system in Pinellas and
surrounding counties. He felt by joining the coop, the City would be lowering their
standards and the system would suffer. He felt the cost to the taxpayers would far
outweigh the return.
Dick Twining spoke in opposition expressing concern Clearwater would lose control
of the library. He felt the City would be giving more than they were receiving. He did not,
see any benefit in joining.
Anne Garris spoke in opposition indicating some concerns still exist. She said the
4:, :::, City has been trying to convince the enclaves to join the City and felt joining the
'v cooperative would be a disincentive to annex. She said Clearwater will be picking up the
tab for those who do not want to become part of the City bec'ause it is less expensive.
She said the proposal has not been presented to the homeowner groups or Chamber for
input. She questioned whether the taxpayers of Clearwater know that we are paying
substantially more than the City of St. Petersburg and receiving the same allocation
percentage, that Clearwater has no guaranty of representation on the board, Clearwater
already has the services being promised and that it will be four years before the East and
Countryside Libraries can service the influx in population. She expressed concern there
was no guarantee that the beach library would continue if the City lost control. She did
not feel Clearwater should be paying the major part of the bill and asked that more
research be done.
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Referring to the East and Countryside Libraries being hurt by joining the ,
cooperative, Dr. Hallam clarified the current turnover rate of 3.8 would go to 4.9 and did
not find this to be devastating. She noted there has been a long standing resolution from
the Chamber of Commerce'supporting the cooperative.
Bill Raffaniello, Library Board member, commented that joining the cooperative is
not fair to the Clearwater taxpayer in a sense; however, found it'to be equitable.
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r~' ' Commissioner Fitzgerald said it is his understanding the anticipated increased 'usage
l" if the City joined the cooperative would be 18,000 additional users. Dr. Hallam responded
that is the worst case scenario for the East and Countryside Libraries. It would total'
20,000 plus for the entire system.
Commissioner Fitzgerald, referring to the $507,000 to be provided to the City this
year by the co-op, asked if this is reimbursement for the additional users. Dr. Hallam
responded this would be mainly for increased circulation. He said he was trying to
breakdown the $507,000 into a per user fee and it was indicated this would amount to
$24.25 per user. He pointed out many of our neighboring communities have become
interested in libraries in the last couple years. He said he did not support joining the co~op
in the past. He extended his personal thanks to' everyone involved in the project. He said
he is convinced joining the co-op is in the best interest of the City and felt the advantages
outweigh the disadvantages. He said while there will be an added use, in some parts of
our system, it opens up resources,to our citizens by adding 1.6 million items. It will also
open the door to additional state funding the City currently cannot get.
Mayor Garvey questioned how Clearwater citizens will impact the other libraries
and Dr. Hallam said she did not know.
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Commissioner Berfield felt there were positive results on both sides. She referred
to a comment made that joining the co-op would help in not having to build additional
branches and indicated she did not know any were planned. Dr. 'Hallam responded nothing
is i8 the planning. Commissioner Barfield pointed out the Commission overruled a '
referendum to build the East and Countryside branches as they felt there was a definite
need to do so. The citizens now see the advantages of providing library services in that
area. She said she is not questioning the dedication of either the citizens who are for or
those who are against the co-op; however, feels the other libraries in the system have a
long way to go to be up to Clearwater's standards. She said she would feel more
comfortable with assurance Clearwater will have representation on the board. She
expressed concern for those Clearwater residents on fixed incomes having to pay more
than the county residents and indicated this is one of the main reasons she did not support
joining the co-op.
Commissioner Thomas did not like Clearwater paying more than non-residents. He
said he did not want to see Clearwater losing their edge by joining the co-op. He did not
believe the,1 .6 million title increase, indicating nobody has the vast majority of titles
Clearwater has. He said anyone can walk into any library and look up information without
paying. He said he would support the issue if it was a level field with everyone
contributing the same.
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Commissioner Deegan said he has done a synopsis of the pros and cons of joining
the co-op. He considered whether there would be any impact on the long range plan of
the library of which the co-op was not a part. He said it is the understanding if Clearwater
joins the co"op, they would be eligible for state funds. He felt as independents, the City
should still be eligible for some state funds. He indicated the Palm Harbor Director felt the
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money received from the co-op was not enough to offset the increase in utilization. He
noted the money from the co-op would go into a separate fund and could not be used to
replace current funding. He questioned if Clearwater increased their funding, would their
allocation increase. He reviewed the 1991 Bordner Study which showed 7 percent of
Clearwater residents were interested in joining the co-op. He noted Clearwater residents
pay $32 to use the library; non-residents pay $37 to use the Clearwater system and the
county charges non-residents $100. ,He said the real desire to join is coming from the
, professionals and the volunteer groups associated with the library. He felt the pros and
cons seem to balance themselves. He seriously considered the recommendation of the
BAC as their main objection was financial but indicated he felt it would benefit the citizens
to join the co-op. He said the other libraries have improved since being members and did
not feel Clearwater's joining would cause them to do anything different. He did not feel
the citizens would be harmed even though they would be paying more than, others. There ,
is a potential for increased circulation; however, he pointed out there are waiting lines at
the East and Countryside Libraries that may be alleviated by joining the co-op. He pointed
out the Bordner Study showed 71 percent of users of the Clearwater Library do so for
recreational use. He challenged the Library Director and her staff to improve in the areas
listed in the Bordner Study. He said he supports joining the co-op.
, Mayor Garvey'said she was impressed when the Library Board, who was originally
opposed to joining the co-op, changed their minds. She believed in order to look toward,
the future Clearwater needs to be part of the cooperative. She felt the citizens would
benefit because 'of increased access to resources. She s'aid the City will still maintain'
control of their system. She pointed out county residents are currently using our library
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without paying. She said we have two years to see how joining the co-op affects
Clearwater and felt the City will see success.
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. Commissioner Deegan moved to join the Pinellas Public Library Cooperative
effective October 1, 1 994. The motion was duly seconded and upon the vote being
taken, Commissioners Fitzgerald and Deegan and Mayor Garvey voted "aye;"
Commissioners Berfield and Thomas voted "nay." Motion carried.
ITEM #33 - Purchase of property located at 375 Hampton Road from John W. Seabolt and
Dianne Seabolt Siems, reject $80,000, ,offer appraised value of $75,000, with
environmental audit, closing and survey costs estimated at $1.706, for a total estimated
$76,706 (PW)
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The City is committed to widen Hampton Road from Drew'Street to Gulf-to-Bay
Boulevard, based on development orders for the Park Place development adopted by the
Commission in Ordinance #5142-91, to a three lane urban section.
Construction plans require the City to obtain additional right-of-way areas from
owners on both'the east and west sides of Hampton Road and a location of a surface
water retention area. The Seabolt/Siems property is one of the parcels necessary for the
project and purchase is proposed for both right-of-way needs and as a surface water
retention area.
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Property records indicate ownership of this parcel extends to the center of Hampton
Road. If the City does not acquire the entire property it would incur the expense of filing a
prescriptive plat by occupation and maintenance of that portion of the property through
the maintained roadway. Additional right-ot-way would still be required that would extend
through the front porch improvements of the existing structure. It is anticipated this
additional right-of-way requirement could lead to an expensive condemnation action. For
these reasons. staff recommends the purchase for just right-of-way purposes with the use
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of the property for storm' retention as an additional incentive.
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John W. Seabolt, an heir to the estate of Ruth Green Seabolt. listed the property for
sale at $75,000 with Klein & Huechan, Inc.. Realtors, in the spring of 1993. Dianne
Seabolt Siems, also an heir. would not sell at $75,000, but did agree to accept $80,000
for the property. The City obtained an appraisal of the property on September 28, 1993
from Hunnicutt-Arnold, Inc. at $75,000. An addendum letter to the appraisal was
provided to the City on November 3, 1993 valuing the property at $65,000 based on
analysis of an additional comparable property then under contract for purchase.
It is believed the purchase of this entire property will provide the necessary storm
retention area needed for the project, along with the right-of-way needed from this parcel.
, FOOT must approve the use of this property for connection of the proposed storm
retention system to the existing FOOT storm drainage system in Gulf-to-Bay Boulevard.
Application for FOOT approval is being processed.
, The available balance of $803,950 as of December 17, 1993, in the Hampton Road
(:) capital improvement project is sufficient to fund this purchase.
Commissioner Deegan moved to reject a purchase contract with John W. Seabolt
and Dianne Seabolt Siems for $80,000 and to approve said purchase contI act for an ,
appraised value of $75/000 with environmental audit, closing and survey costs estimated
at $1,706 for a total estimated cost of $7~, 706 for property addressed as 375 Hampton
RO,ad. The motion was duly seconded and carried unanimously.
ITEM #34 - Exchange of oropertv with Addie L. Camnbell" each property valued at
$176,500, the city exchanging property located at 2144 Calumet Street for vacant
industrial land con,taining approximately 1.55 acres in Sec. 12-29-15, with estimated
transaction and closing expenses of $4,530 {PW~
On June 1, 1993, Max Battle, as agent for Addie L. Campbell, proposed to the
City's Public Works Director an exchange of approximately 1.55 acres of Ms. Campbell's
vacant industrial property abutting the eastern edge of the City/s new solid waste facility
site. for city-owned surplus, property at 2144 Calumet Street.
A value of $2.50 per square foot was determined for Ms. Campbell's property
based on a March 11 , 1992 appraisal review by the Pinellas County Property Appraiser's
office. An additional $0.10 per square foot was added for existing asphalt paving and
fencing for a total value of $2.60 per square foot. The city-owned Calumet property was
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appraised at $176,500 on October 27, 1992 by William H. Caldwell, State Certified
General Appraiser. The appraisal valued the approximately 46,479 square feet of land on
the Calumet property at $2.9,0 per square foot, or $134,800 total, and the value of the
improvements at $42,000 (rounded). ' The negotiated contract will provide an 'equal
exchange of the Calumet property for 1.55 acres of the Campbell property without
additional consideration or IIboot". The Commission declared the Calumet property surplus
to city needs at its meeting of November 21, 1991 for the purpose of selling or
exchanging the property. Sun Engineering has provided the legal description and survey of
the Campbell property being exchanged.
Enyironmental audits of both properties were performed in July and September,
1993, by EnviroAssessments, Inc., the lowest responsible bidder, with each party paying
the costs to, assess the property it would receive in the exchange. The City cost to audit
the Campbell property was $2,600. Ms. Campbell paid $2,275 to audit the Calumet
property.
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As a result of the environmFlntal reports, a pollutant storage removal and closure
assessment, at, a total cost to the City of $3,943, was performed August 25, 1993 for a
1,50 gallon underground diesel heating oil tank on the Calumet property. Additionally, the
City will spend $1,930, as determined by competitive bid, to remove asbestos flooring
from the Calumet property. Mr. Battle has deposited $965 with the City as
reimbursement of one-half the cost of the asbestos removal. After the activities as noted
above, environmental contamination of both properties is now at levels below state
guidelines. The exchange contract affirms that the properties are being exchanged subject
to environmental conditions as disclosed in the audits,
On October 2 i, 1993, the Commission adopted Ord. 115351-93 rezoning the
property from Public/Semi Public (PIS?) to limited Industrial (IL), thereby making the
zoni,ng consistent with the surrounding area.
The exchange is beneficial to the City for the purpose of "squaring off" the new
solid waste facility site, and to provide additional space for City solid waste/recycling
plans.
Each party to the exchange will pay its own closing expenses in the transaction.
Estimated City closing, expenses for title insurance, documentary stamps and closing fees
is, $2,600.
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The available balance of $178,022 as of December 2, 1993, in the New Facility
capital improvement project is sufficient to fund this exchange.
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Commissioner Barfield moved to accept and approve a Contract for Exchange of
Property with Addie L. Campbell, each property valued at $176,500, with 'the City
exchanging property addressed as 2144 Calumet Street for vacant industrial land
containing approximately 1.55 acres in Section 12-29w15 with estimated transaction and
closing expenses of $4,530. The motion was duly seconded, and carried unanimously.
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ITEM #39 - First Reading Ord. #5528-94 - establishinq a reoortinq date of 5/15/94 and
Res. #94.7 ~ reaooointino certain members and aopointinq new members of the Clearwater
Affordable Housina Advisorv Committee (AHAC) and establishing term of appointment
. (ED)
On June 17, 1993, the Commission considered a staff report to establish the
Clearwater State Housing Initiatives Partnership Program (SHIP) Housing Assistance
Program and appoint the Affordable Housing Advisory Committee (AHAC). Second
reading of Ord: #5410-93 occurred on July 1, 1993 with an effective date for the Program
on August 1, 1993. The appointment of an AHAG is a requirement of the SHIP Act to
receive entitlement funding from the increase in the documentary surtax passed during the'
1992 Legislative Session. The SHIP regulations also require that six of the members have
expertise in a particular field.
The Commission appointed the existing AHAC. Ordinance #5410-93 mandated
that the committee's initial term be for six months but allows reappointment for
subsequent terms for a time period to be designated by the Commission. The ,Committee
has not completed the charge mandated in the Commission's adopted resolution and
ordinance, which is identical to the mandate contained in Section 420.9076, Florida
" Statutes.
The Committee's recommendations are due 9 months from the adoption of the
ordinance or by April 1, 1994. Ordinance #5528-94 wiil change this date to May 15, ,
1994. The Florida Statutes require submittal to the State of the adopted Affordable
'(,., I Housing Incentive .Plan within one year of adoption of the Housing Assistance Program or
" '.... ' by Ju1'" 1, 1994. Therefore, the revised deadline requires the Committee to produce their
report on or before May' 15, 1993 to allo'w public review of their recommendations and
adequate time to schedule the Commission's public hearing.
Consensus of the Committee is that only members who regularly attended should
be given consideration for reappointment. Resolution #94~ 7 is prepared without the
names ,of former members who did not attend any meetings. Appointments to the
Committee must meet the categories of membership required in Section 420.9076, Florida
Statutes.
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The Committee also',agreed to request that the Commission appoint alternative
members who would willingly serve in a regular member's absence, that members who
have two unexcused absences be automatically removed from membership, and the
alternative'members, if eligible for the specific category of membership, automatically be
elevated to membership if a vacancy occurs. Resolution #94-7 does not reflect this
request since it conflicts with the Commission's adopted ordinance governing advisory
committees. Additionally, the alternates can be invited to all meetings and allowed to
participate as a full but non-voting member. '
The Commls~ion directed that negotiations begin to allow the Clearwater Hous.ing
Authority (CHA) to administer the program. The CHA Executive Director, Deborah
Vincent. is still the administrator of this program.
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Members recommended are: William Turner (labor engaged in hom~ building), Joe'
McFate (Advocate for low income persons), Isay Gulley (Provider for low income persons),
Bertha Kelley (real estate profession), Judy Mitchell (At~Large), Annette Patterson (At-
large), Mary Myhill' (Banking/mortgage industry) and Shirley Moran (At-large). (Note: 'It
was, later determined that Ms. Myhill is not a Clearwater resident and therefore could not
be offered the appointment; also, the residential building industry seat is vacant.)
IIAyesll; Fitzgerald. Berfield. Deegan, Thomas and Garvey.
The City Attorney presented Resolution #94-7 and read it by title only. '
Commissioner Deegan moved to pass and adopt Resolution #94-7 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
II Ayes": Fitzgerald, Berfield, Deegan. Thomas and Garvey.
, IINaysll: None:
The City Attorney presented Ordinance #5528-94 for first reading and read it by'
title only. Commissioner Fitzgerald moved to pass Ordinance #5528-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
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ITEM #36 ~ Receiot/Referral - Annexation. land Use Plan Amendment to Residential Urban
and RS-B Zoninq for prooerty located at 3001 Sunset Point Rd., Sec. 4-29~16, M&B
23.03, 0.63 acres m.o.1. (Roetzer, A93-30, LUP93-41 )(CP)
The subject property is located on the south side of Sunset Point Road,
approximately 1,250 feet west of McMuflen~Booth Road. 1:"he applicants are building a
single family house under a County building permit and wish to ob,tain city sewer service.
The construction will be in compliance with the City's zoning requirements for RS-B, which
is the zoning proposed for this property.
Commissioner Deegan moved to receive'tl18 request for annexation, a land use plan
amendment to Residential Urban and RS-6 zoning for the subject property and refer it to
the City Clerk to be advertised for public hearing. The motion was duly seconded and
carried unanimously.
ITEM #37 - Receiot/Referral . Annexation, land Use Plan Amendment to Residential
Medium and RMH Zoning for orooertv located at 2991 Gulf to Bav Blvd., 2.66 acres m.o.1.
(Wilder Corp. of Delaware, A93-29, LUP93-42HCP) ,
The subject property is located between Gulf-to-Bay Boulevard and Tampa Bay. and
is approximately 1.650 feet west of McMullen-Booth Road. The property is occupied by
the Bayside Trailer Gardens which has 61 mobile home spaces. The mobile. home park has
its own sewerage system. The Pinellas County Public Health Service has issued a "Notice
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ITEM #38 - Appointment of Charter Review Committee
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to Abate a Sanitary Nuisance" to the trailer parle The request for annexation is made in
order to allow the Bayside Trailer Gardens to connect to the City's sewer system.
The applicant's representative has been advised that the annexation is subject to
Recreation Facility Land and Recreation Facility Impact Fees. The Recreation Facility Land
Fee is 'estimated to require the dedication of 5,850 square feet of property for parklands.
This parcel size is considered too small for a viable park site; and there are no adjacent
parklands for it to be combined with. It is recommended that a payment in lieu of
donation of parkland be accepted. Staff also recommends that the applicant be permitted
to connect to the City's sewer system upon payment of the recreation impact fees or after
land dedication, and after meeting all requirements of the Public Works Department.
The 'applicant owns submerged lands adjacent to Lot 18 for which he has agreed to
submit a separate application for annexation. Staff proposes to process the annexation of
these submerged lands with the submerged lands adjacent to Lot 17, which the owners
thereof have agreed to annex. Staff recommends that the future land use plan amendment
for these submerged lands be submitted to the Florida Department of Community Affairs
as part of a regular Comprehensive Plan submission, rather than the small scale
amendment review proposed to be used for the mobile home park.
Commissioner Berfield moved to receive the request for annexation, a land use plan
amendment to Residential Medium and RMH zoning for the subject property and refer it to
the City Clerk to be advertised for public hearing and to authorize cash payment in lieu of
, parkland dedication and to authorize the Public Works Department to permit the applicant
C" '. to connect to City's sewer system after all applicable fees have been paid and all city
~, requirements are met. The motion was duly seconded and carried unanimously.
Commissioner Thomas appointed Joe Evich and Gerald Figurski; Commissioner
Fitzgerald appointed Curlee Rivers and Kenneth Hamilton; Commissioner Deegan appointed
Karen Seal and AI Lijewski; Commissioner Barfield appointed Anne Garris and Tony Sa'lmon
and Mayor Garvey appointed Les Smout and Jerry Lancaster.
Interim City Manager Betty Deptula asked direction regarding staff's involvement
with the Charter Review Committee and suggested staff prepare a II white paper" of items
they wish to have addressed by the Committee. Commissioner Deegan found this to be
an excellent idea and indicated staff could be on call for the committee. Mayor Garvey
pointed out staff would be required to provide clerical support for producing minutes.
Commissioner Deegan felt someone other than the City Clerk could provide this support.
He also felt the City Attorney need not be present at all committee meetings.
Discussion ensued in regard to setting a time frame for the committee to complete
their review of the charter to have their report ready. It was recommended to set a
deadline of mid July to have the ballot language ready for the November county election.
Commissioner Fitzgerald expressed concern regarding insufficient time for the committee
to review the charter pointing out this was a problem encountered by the previous CRC.
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Commissioner Deegan moved to have the Charter Review Committee 'conclude their
work within six months (July 16, 1994). The motion was duly seconded and upon the
vote being taken; Commissioners Berfield, Deegan and Thomas voted" Aye",
Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried.
, ITEM 1/39 - Other PendinQ Matters
aHCont. from 1/18/94) Ratifv/Confirm emergencv awardlnQ of contract to demolish the
unsafe structure at 630 Drew Street (Old Ice House) to Phoenix Wrecking, for $15,221
(CPJ
The structure known as the "Old Ice House" located at 630 Drew Street was
declared an unsafe structure by Clear~ater's Building Official on July 18, 1993, in
accordance with Subpt. C, Article VII, Section 47.161, Clearwater Code of Ordinances.
The owner was given until August 21, 1993 to comply with the Notice of Unsafe Building.
The owner did not appeal the Building Official's Notice of Unsafe Building nor
~omply with the order. The case went to the Municipal Code Enforcement Board on
September 9, 1993. The Board ordered corrective action take place within fifteen (15)
days or a $100 per day fine be placed on the owner.
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The owner filed for a permit with a timetablo to complete work, but no action was
taken. Therefore, on October 12, 1993, another Notice of Unsafe Building was issued.
The Notice g,ave the owner until November 12, 1993 to complete repairs, or the City
would take action to cause demolition of the unsafe building. '
, On November 15, 1993" a title search was ordered, as well as a request for bids
for an asbestos survey. The asbestos survey found some asbestos, requiring what is
known as a "wet demolition" where the structure must be kept wet during demolition and
the asbestos materials must be disposed of in an approved site. The title search revealed
the owners are Robert Schoeller and Cynthia Daniel with Republic Bank as the mortgage
holder. Information has been supplied to them since the beginning of the project.
The Purchasing Division advertised the' project for bids, and opened the bids on
December 23; 1993. The contract was awarded to the lowest responsible bidder meeting
all of the bid specifications, Phoenix Wrecking. The bid was awarded prior to City
Commission approval because of the emergency nature of the project.
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Timothy Johnson, attorney representing the owners, noted the City Attorney is
now advising if an agreement is not reached, the City will have to start the demolition
process over and a new notice, new hearing, citation, etc. may be required. He said a lot
of work has been done to the building to render it safe and starting over will result in a lot
of time and money being spent and the building will still not be up to City standards. Mr.
Johnson presented the following options: (1) accepting the agreement proposed, making
the changes requested by the City Attorney in his memo dated January 19, 1994, and
agreeing to take the necessary actions to apply for site plan approval which would all be
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accomplished in a proposed timeframe; or (2) go along with Commissioner Thomas'
suggestion they be required to get a certificate of occupancy; however, extend the
deadlines two-months.
Mr. Johnson said the question regarding obtaining a certificate of occupancy came
up today. Up until this time they have only been addressing the building envelope. He ,
said obtaining the CO would require more work which would necessitate a minimum of
two months to achieve.
Mayor Garvey believed the City's intent was to improve the exterior of the building
and Commissioner Thomas said he thought the intent was to rebuild the building. He said
he would be in agreement if the exterior was completed by the original date and the CO
was obtained 60 days later. Mr. Johnson said he did not know how the accomplishment
of the design work wc;>uld affect the time frame. Commissioner Thomas said what had
been'indicated was that the outside of the building could be done under the proposed
schedule and the interior could be done 60 days later.
, Mr,' Johnson said his client's wish is not to be tied to the time frame' for the
certificate of occupancy as he is concerned two montt:1s is not going to adequate. He felt
the City, was going beyond their intent of making the building safe and eliminating an '
eyesore. Commissioner Deegan said, the reason for demolition was to get rid of the
eyesore. He indicated he went along with the agreement because eventually the building
would be usable and indicated he did not want to wait five years. He questioned moving
all the dates back two months.
(2 Mr. Johnson said he believed the envelope. and the interior of the building could be
constructed in seven months. He said two months were added for design of the interior
which gives his client to June 15, 1994 to apply. They would start construction July 31,
1994 and complete the project March, 16, 1995. Mr. Johnson said his client has just
informed him it will taken two additional months to finish the interior of the building.
Mayor Garvey said the first priority should be to eliminate the eyesore and then to
have a thriving gallery.
Mr. Johnson asked what is deficient about the east side of the building. The City
Attorney responded there are narrow gaps in the fence where people could get through.
Mr. Johnson said his client will fix the gaps.
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Commissioner Thomas said he would be amenable to allowing 90 days to complete
the interior provided the exterior of the building was completed by January 15, 1995.
Commissioner Fitzgerald asked if what is being proposed is a change from the
original agreement. Commissioner Thomas responded it is a merger of the January 19 and
January 20, 1993 proposals which establish a time table of January 16, 1995 to renovate
'the exterior of the building and a max!mum of 90 days from that date to complete the
interior has been established.
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In response to a question, Mr. Johnson said all work will be done according to code
and he is aware of retention requirements.
A new agreement is to be drawn up and considered at the Special Meeting for Sign
Variances on 'January 24, 1994.
CITY ATTORNEV REPORTS
ITEM #40 - Other Citv Attornev Items
a) First Reading Ord. #5537-94 - Amending schedule of fees, rates and charges for traffic
and motor'vehicles to establish a toll rate for the Jolly Trolley for the use of the Clearwater
Pass Bridge
The Interim City Manager reported a question has been raised regarding whether it
was a conflict of interest for Commissioner Berfield to vote on this item as she serves on
the Jolley Trolley Board.
The City Attorney read the rule indicating, as it is written, it would preclude
Commissioner Berfield from voting.
The City Attorney presented Ordinance #5537-94 for first reading and read it by
title o,nly. Commissioner Thomas moved to pass Ordinance #5537-94 on first reading.
The motion was duly seconded and upon roll call, the vote was:
It A yes It: Fitzgerald, Berfield, Deegan, Thorn as and Garvey.
trNaystl; None.'
ITEM #41 - Citv Manaaer Verbal Reoorts
a) National Golf Foundation Consulting Service '
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Interim City Manager Betty Deptula reported an audit of the Glen Oaks Golf Course'
would cost approximately $7,000 with the final report being sent to 'the Commission, by
March 4, 1994. Ms. Deptula said that due to the time frame, it was impractical to go out
for bid. I
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There was discussion regarding the Foundntion paying for half of the audit and it
was recommended a copy of the proposal be sent to them.
Commissioner Thomas moved to approve the contract with National Golf
Foundation Consulting Service to audit the Glen Oaks Golf Course and to proceed in good
faith that the Foundation will pay half of the costs of the audit. There was no second.
Commissioner Deegan stated the study would analyze the current operation of the
golf course not the Chi Chi Rodriguez Youth Foundation, Inc.
Laurie Diane Kaye said she has a home in the area of the golf course and on
numerous occasions the police have been called reg~rding trespassers. She said the
apartments in the area cannot be rented. She asked the Commission to put their energy
into helping the people on the east side.
Commissioner Thomas responded staff has been asked to review all options to find
the best use for t,he property. He said there have been no directions given to do away
with anything.
, In respo'nse to a question, Ms. Kaye said she is opposed to some of the options
that had been mentioned such as a boot camp, condominiums" etc. '
Bob Bickerstaffe spoke to the method of aUditing the golf course. Ms. Deptula
pointed out the audit is a performance audit not a financial one.
(~:j Commissioner Fitzgerald questioned whether the City had internal capa~ilities to do
,the audit. Commissioner Deegan'responded he suggested this service be used because
they are experts in this field. Ms. Deptula said there are all levels of expertise in the City;
however, felt the NGF would provide a different aspect. '
Majority consensus was to go forward with the audit. '
Joe Evich asked if there is any ordinance or regulations on the books requiring
reports if the City makes donations. The City Attorney said he is not aware of any.
Commissioner Deeg'an stated it was common practice for the City to require financial
reporting, by agencies to which the City provides support.
b) Realignment of Airport Drive
Mayor Garvey did not support signalization on Airport Drive and Hercules Avenue.
, Acting Public Works Director Peter Yauch said concern has been expressed regarding the
safety issue in the area and recommended this item be agendaed. This issue will come
back as a regular item.
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C) Status of new City Hall
Acting Assistant City Manager Bill Baker distributed the design criteria package to
the Commission. This item will be discuss'ed on January 31, 1994.
ITEM
Interim City Manager Deptula reported the Pinellas Planning Council (PPC) has .
continued to February 16, 1994, the City's request to change the countywide rules to
increase the FAR (floor area ration) for hospitals from .65 to 1.0.
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Commissioner Berfield encouraged the deferral in order for the Commission to '
review proposed new language to the rules drafted by PPC staff as a compromise and
cooperative effort with the Town of Belleair and Morton Plant Hospital.
Ms. Deptula said staff recommends staying with the original request adopted by the
Commission and rejecting the proposed language to avoid jurisdictional and legal
difficulties associated with requiring an applicant to obtain approval from two jurisdictions
to develop in one jurisdiction. Staff feels any valid intensity concerns associated with the
, development of Morton Plant Hospital can be handled through site plan review as part of
the planned development zoning process. Commissioner Berfield expressed concern the
ppe was getting into an area of Home Rule. '
ITEM #42 - Commission Discussion Items - None.
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ITEM #43 ~ Other Commission Action
Commissioner Berfield reported the Jolly Trolley route no longer goes to the end of
Island Estates. A public hearing will be scheduled to finalize the entire route.
Commissioner DeeClan congratulated Peter- Yauch regarding the training session on
the newsracks/vending machines ordinance. An enforcement sweep will start on January
27.. 1 994. " ,
Mavor Garvev asked direction regarding how to handle National Mayors' Council
correspondence requesting positions on issues. It was felt she should decide how she
wishes to ha,ridle the requests.
ITEM #44 - Adiournment
The meeting adjourned at 12:38 a.m: (1/21/94).
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ATTEST: (Y. . _\.l.P,::- ,C. & ~-
~CitY Clerk
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