Loading...
11/03/1994 (2) ....................._ JI Jlll'*"'~1",~'~~'w~~'~~rr<P'4l""R:"p(.~" l' t'd~~\~t~i:f;;~}f00S;::"7i:"> ",'.:;::::.;,,;'! .;'.... . ,. " . ,.~ i~1~"'.~~)~~';l~\~'.~:~.'~('L:' ~ "~~~~..~L~~ \~.(;:'.'::~ ~:~~,J.I~,,"I'~i";>;.~ :'..< :. '.. 1,~ 1.>' .! /:<.'~,! ,1~'~. -..~ :~~ .'<' .t~:'. T F(';\.'.' ~~ .\>" ; ~ f', ~ .~ll " ~ . - :- .'. ~.....;~:rf',' ',", , ~: . ;:' ," , ' ~: . I ~." . , '.~:~, \ ..~ ~ .I~\~,:\'~'. . '~7}~ . r~:.C < ,),.'r"" ":."'"t>. ~ ';:!, ~' '.~~ . t~!;,: ~lL;~:' , 11",~ ;", " If)~1', ~:/:, ~ ~ ':':: .;." '. ~L . ~f:t.""'~"'"l~~~ '.1' ';~:~~';~ c~..~ /'''n .' w.N""~' .:. ':' ~;~,~':(',,:~i~~,. : l~ti~JY< < ': t~/,fh.',',..,' i);~t?V\,i: l~$.',~,f".,:; ',,:" ~.."1S~~~>.~"."/ .: ~ :,tfJP,; ~ il'~'" ,'.0( ~f:~:;'~li..~' , ~.: ~ , ~. '~"',J, ."" ." .. ~" ;;":n;,:":.:" ;', ' ':1; ,r t . ~~, u iiltS , fl~~fr~~:..:'., j. it.ir:':i~:(~;.. ,:::, ~~~p}~:~:':r~ '..' ~*W~!<~',~;<;:~ : rr~t}"",. .,', f ;J~~'it, ".;:. ~"" -.,' ,}!..., r;-,'",''' ,',' ~6r.:I" ~ \:..~""'~ I . , i'J.'-:':,.:.-': ,'" ' , ~,.~....V'...., . ~'~ '\'... ..,~ " :' . I. ~ ~,1';.,l,~~~~'~y"~ ,. . i;~'}:~~l~~~/ ~:~, ~fb~~::"\'.' ',' ~rt't~t~t: '> " ~fl;~.. :..:>....._ 'I;: " t::~'\..-''.j..: ') ~'~ ) , \}1~j:;;~.;';:~; ;'.: , ~..~~,..;:,' ..: " - ~{~{>r::.;,:, :',:, ' l:{\;! ".',,, " : li~~t~;~:~I.:~ ~,~<~~;I . ~ t;lh1,.! 'p" ~~ri;;::;;\>:\~,~.:,:',:' .: ~!,'N(:r"":, " '", f~;;;'::'\r:, . .....JfP.itr.f.~ l c.: 'c wt,:~~~,:J ~'::::: . e-}n~I" .. ' J ~~f~:~:"';:; : .'c,jo' . '., :0-......, COMMISSION City Commission Minutes Date' ~ /~''1 A~ .o2~ , " . . ....~.fA'L~~~ " ~ " , .'; It " ," '.' ~':. . " , , : ~ ~ : ~ , ...~. ~. ..":, I . ....... ,:/:.~. 11" .,.1 ,roO'" ('I . .:.~~ ,:. 'i' ",1",.1 ......'..~..: "'. '~ ,~[/ ,.,' " ":. . . , :~~';".i ".: ~ . .;.::.. . '~~~~:~::o.: . \'4 "; '. ~ ' -,., '., .~;"~~:' I: 0 :X;.:':o'", ' ;:,~, . ~ .. . . t':' ,'~ . ,'.r" . '\~ >~ !:(::;',::,,~:~",:,; " : .:~i ~4:'~. 0 '~~.I\' ' ' .." , '. ~r:<""" " . ~, . ~l;;'i ..... ~-:;..i..'. l.. .. i 111:.~>"..' :':',: , , ;:;v~ ' .~~:: ':"'. " :. , . '. . -:0 ~. '. J~i;',' '. ...... to\,'~'("i:: .' , ~1;,;. ~~, \~;. . . . .. < '"<...0 . . f:.~':.' I '.' i;:i.'" ~,.....- ~ ~ . . "1<'~ ~_ ' ;>.~<~;J' . '. or"f,. , ~:~j .,... < ,it:;>. . . , Z <"'.: >/".',' .r;' : .':. CITY COMMISSION MEETING November 3, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 3, 1994 at 6:00 p.m., with the following members present: Rita Garvey Fred A. Thomas Richard Fitzgerald Sue A. Berfield Arthur X. Deegan, 1\ Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Scott, Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Jim Karagas of the Greek Orthodox Church of the Holy Trinity. ' ' In order to provide continuity for research, the Items will be listed in agenda order although not necessarily discussed In that order. ITF;M 113 - SRrvir.R Aw~rrl~ - None. , ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Florida International Museum , Joe Cronin, President and CEO of the Florida International Museum in St. Petersburg, . reported the five-month "Treasures of the Czars" Exhibit from the Moscow Kremlin museums 'will open January 11, 1. 995. The 90,000 square fO'ot Florida International " Museum on the first floor of the former Downtown St. Petersburg Maas Brothers store was not designed to house permanont collections but travelling international exhibitions. , Some of the 12 galleries will recreate the atmosphere in which the objects were found.. The Treasures of the Czars relates the story of the Romanovs with 265 priceless . objects,' many out of the Kremlin for the first time. Virtually no public money has been used for. the project. Renovating the building cost $4-miUion. The City of St. Petersburg provided a t~ird tier guarantee. minCe11 a.94' 11/03/94 1 .------.-'.~r~~rU.:.~....~...l.~~::;i,,,.;-U::.~.:.:_Ur1-...'< tY '\".... ..... .'t .~ ~ .'. -" ~.:t~~'''';' nj' ~ ".'.,. .............,.. '.~1"T"'~\~ ....j...r~/'.('.,f "I'lJ~ ')";-"'\".''''"-4-'-'- ..... ~_......J!' . . - :. , ..~~~If>i\P,~~..~.,r,; "v!i.{(~~:,i:l~':"~ r '~:id.~;':~::.'J.:.r.};,;;;..if ~;:;,,>;,:t~,(~,j,'w"', .;,t;JiWJ.~cl~:"::):~.'~'~,;r,f;i,f,~,' ,)~,"~tl;j.~!;,;>.')&' . , ' '. ',,' ".",' ,,'., . ,-"""""> i.CVS1o__ _"""",".fS~!I'lj~'l;5liUr.;t"h.,"f,f~";~~.~;l/'i'I.\~\1'''''t JJOf'~' ...~~'!$ji.W~ ' &t~t~~(:,;~~lt~~!~,;:, ,:".':';'~i::t ,:;':~ ""i ,:. <': " ..... .. . . .' .., .. . ol'";""';'r~''-::'?' ' . .,~ " . " " , :;,::.fc., ~L~:', ",' , ;-:' ; " ":'0 ?:, \' L.r ...tj.. .' . '.i,r. ~ ~ '. ~'.~, I . '., " f .~:.:. c' ,,' :........' , "I. i,'-"c.:.' ! " . ~ . . . :..>~:.': . :'"" ". . >, . ~~ ' . : ~ "c :I:: ~ ~: "'::(' ~'~';~~:: . ;.'f \. .:.~, " \. C'I' ..... , ' , t . ~ , /., ' . " t.'. ~. ~ I .~ ... . (.:: ' '\:~'.~"cc " . 1;:?': . t' , ", ' - '~" . ';:-t'i,<' . 1.' . .:.,.~ . , " , ,. ", '., < . " The Mayor thanked Mr. Cronin for his report and noted the show will be exciting for the Tampa Bay region. She questioned if the museum still sought volunteer docents. Mr. Cronin said they were. Most of the training for the first show has been completed and 1,700 volunteers are being trained this weekend. The Mayor questioned if future shows had been booked. Mr. Cronin stated there was a commitment to a show in 1996, but he did not want to announce it yet. Mayor Garvey suggested negotiating a Japanese exhibit through Clearwater's sister city, Nagano. Mr. Cronin agreed there are many worthwhile international shows. He stated the Russian exhibit is premiering in St. Petersburg. The Mayor noted adult tickets are $ 12, senior citizens tickets are $10.75, and youth tickets for ages 5 to 16 are $5. ITEM #6 - Approval of Minutes Mayor Garvey questioned the appointment of the High Speed Rail Task Force. Commissioner Deegan stated the minutes reflect the Commission's agreement. Commissioner Berfield referred to page 10, 4th paragraph, and requested adding the word "was" after Consensus. Commissioner Thomas moved to approve the minutes of the regular meeting of October 20, 1994, as amended. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to approve the minutes of the special meeting of October 20, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM 1i7 - Citi7p.nlC: tn hA hMmi re itAm~ nnt nn thA A.gAnrb Steve Saliga stated he has tried to be an activist for the past three or four years. He expressed concerns that recommendations to increase the Commissioners' salaries have nfallen through the cracks. II He felt the salary level is so paltry, the Commissioners act as , volunteers with a small contribution. He requested the Commission vote on this issue tonight. The Mayor stated the Charter Review Committee reviewed the manner in which Commission salaries are increased and recommended no changes to the procedure. , i I I I Dina Atkins said she had not received the response from the Charter Review Committee from the City Manager. She questioned if the February 3, 1994 minutes ha~ been corrected. She requested Mayor Garvey take an oath that her response to Mr. Elliott was the truth. The Mayor agreed to put together a statement. Commissioner Barfield believed Ms. Atkins' father.in.law, Jay Elliott, had requested to be sworn in when he appeared in February. The Mayor indicated everything she has done has been above board. ;j Charles Marcus stated he provided proof to the October 20, 1994 Commission meeting regarding a coverup and questioned if what he said was recorded in the minutes. Mayor Garvey indicated it was and read him the appropriate passage. minCC11a.94 , 2 11/03/94 ~ '~ ~ '~~~~"f"'---~:' 4", ".--- N~;~~J~~*&~~4'~'~~!i~~i;i)f.~i~;~~i.\"ti:~>:i61~~~~~~{~;'':':'"jsf1}~!.~'!"~~i~~~'~'~~i~~~~$~~~~<:~~~?: ::-:.;~t~~-/~~~ rf}::;;:i',:(>::,:.:'::'::':'i:'-'..,..',':',:,..,::::.:..<:,'... :',.' ':".,' ,~""""~-"","'".~j;t!O:~,.,, ,.'''.. ~.'.~',' ',"", . .:..' ':.',....... -'. -L'\'. .'. I ..' '.' ""'..' ..' . ..,. ". . r"Joo::" ""t. . ~- ~' , o " " " ", f'~. , ' " ' " " '" '. ...~. . 1".... . ."' f,.~ ' 'f. ' .,~ ~. . ~~~.~:. . .' , ';"'"0 ' .'. .~ ~ . . ~L,;': " ~... L " . ~~('"':' . '. " .~,II'~. . ! ~ l: '. ~~'. '<. . 'tOo, ' ~.~. , . :: ~ . . ~t: ..... ... ...,~ ~'; , ~:;.~ ~;' :': ~, ....~' -' ~ :~: .:~:": . ' t:~.:,. . ,', ~:(:/, ':.~.., ~;",:~'~~":" . l~: ~,,": , . . . . :kr::-.- ' : ':'~". '.:.C., f~ ", ~ I '. . ~~ '.- :': ~~.;; ~' .: : z.\.....' .... ,. ~ " " l.',,, > . ' ~ , ,,~ :. ' . ~::>; ..~~, ./,T)' '. PUBLIC HEARINGS IT1=M #R - PlfhUr. H~Huing - !=:;iv Mnnth Tri;'" PMinrl RRVip.w of Alcoholic Beverage Distance Separation Variance for Empress Cruise Lines, 900 Osceola Avenue; extend trial period until 11/95 subject to modified conditions (Clearwater Bay Marina/LeVasseur, AB93~16)(CP) This is a Six Month Trial Period Review for the Empress Cruise Line's alcoholic beverage minimum distance separation variance. On June 2, 1994, the Commission extended the separation variance subject to conditions that included completion of all proposed site work associated with the parking facility by October 1, 1994. The final plan for Clearwater Bay Marina has been certified. All site improvements have not yet begun or been completed as conditioned by the City Commission. A September 28, 1994 letter from Sandy L1overas, representative for marina owner Howard LeVasseur, indicated they have submitted: the final site plan; the certified site plan; the final engineering construction plan; the traffic control plan, and the drainage plan and calculations. A permit is in process with the Florida Department of Transportation (FOOT) to allow the construction/connection of a driveway to Ft. Harrison Ave. In his letter, Mr. Lloveras indicated a permit was submitted to SWFWMD for storm water management. Several weeks after Pinellas County accepted the application, they stated they did not have the authority to issue a Storm water Management Permit for a parking lot expansion at a marina regulated by the Florida Department of Environmental Protection (DEP). The permit now has been in process with DEP for several months and the marina is obtaining additional information requested by DEP. The law allows the agency 90 days to issue a site construction permit once the application is considered complete by DEP staff. The site contractor is on a standby basis. Since the parking lot was not completed by the October 1, 1994 deadline, the cruise line and marina have requested additional time to complete the permitting process and be , able to construct the parking lot and infrastructure systems. A letter the City received from FOOT indicated the proposed access from Ft. Harrison Ave. will be approved for one year as a non-conforming driveway with conditions. Access to the site from Ft. Harrison through the new parking lot, rather than through the Seminole Street Boat Launching Facility will alleviate many staff traffic concerns. Staff research indicates a $29,778 balance of the project's impact fees have not been paid. The initial transpo~tation impact fee was calculated at $59,556. After 17 slips were added to the marina, the total impact fee was increased by $10,397 to $69,953. Due to continuing siltation problems within the marina basin, the City Environmental Management Group is asking a condition be imposed that a marina Dredging Permit be ,obtained and necessary maintenance dredging be commenced within 90 days from the date of this Commission review. The Harbormaster has received several complaints regarding groundings and a US Coast Guard report on a January 14, 1994 grounding. The Community Response Team has not received any complaints about the cruise line operation since the June 2. 1994 Commission meeting. minCC11a.94 3 11/03/94 " >,'" ~ '.' :",. '.. , I;,;. . J, ~ ; :. " 1/'> ,"c \ . f/~,j. .,T ';:;::-.c' : ~ . .. , ' :~:~'.I: ' ;>\:':~:, 'b>:~',,; ...... '': i!{,::,;':'., ....~ . i! '. . .1 .' .' ..". , I' , I. The Commission will soon consider changes in the way alcoholic beverage approvals occur. A provision to eliminate the separation variance requirements is included in those changes. Conditional use permit approval conditions will be used to regulate the future operation of the cruise line at this location. Until the separation variance requirements are eliminated, staff recommends the following conditions: 1) The applicant shall maintain continued conditional use permit approval from the Planning and Zoning Board; 2) Approval shalt be for consumption on premises on the ship only, and sale and distribution of alcoholic beverages shall not occur until after the ship totally exits the marina, and that all alcoholic beverage sales will cease on the ship's return at or prior to the location of the Clearwater Pass Bridge; 3) The applicant shall complete all proposed site work associated with the new parking facility by January 1, 1995; 4) The cruise ship shall be berthed by 12: 30 a.m. on Friday and Saturday nights and by 11 :30 p.m. on all other nights, except New Year's Eve and the 4th of July when the ship shall be berthed by 2:00 a.m.; the facility shall cease all operation within one hour after the day's final ship berthing; 5) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clearwater Pass bridge; 6) There shall be 1'0 outdoor entertainment at the landside facilities, and all use of outdoor speakers on the ship while it is berthed or on landside facilities shall be prohibited after 8:00 p.m.; There shall be no outdoor ship or site cleaning operations between the hours of 8:00 p.m. and 7:00 a.m.; There shall be no storage of boats in the paved parking spaces or travel aisles; 9) The N Osceola Ave. entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience; 10) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed spaces of the cruise ship while in the marina; 11) The cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction and engine operations while in the marina shall be kept to the minimum required by navigational necessity; 12) The cruise line shall continue to clarify the "service charge" issue in its advertising, promotions, sales arrangements, employee training and ticket schedules so the fee is not identified in any way with any charge imposed or revenue received by the City of Clearwater; there shall be no reference to a "port charge"; 13) The marina dredging shall be commenced by February 1, 1995; and 14) The cruise lines shall pay the City the remaining balance of $29,778 in Transportation Impact fees, or provide adequate documentation to justify a lesser fee amount in the determination of staff, within 10 days from this public hearing. Central Permitting Director Scott Shuford stated the cruise line has met some of the conditions established by the City Commission but not all site improvements have been completed. He noted the applicant requested the completion date be tied to the regulatory process rather than a date certain. Staff prefers a date certain be established because of the length of time already passed. He noted a substantial amount of impact fees are due and recommended no change to that condition. Staff does not intend to renew the occupational license until the fee has been paid or addressed. Mr. Shuford said the applicant has not expeditiously applied for permitting to dredge the marina because they wish to resuscitate their maintenance dredge permit that has lapsed. The City advised them it would be appropriate for them to file for a new permit, pay the fee under protest, and state their reasons in writing. If DEP feels their reasons are minCC11 a.94 11/03/94 4 ;: ~ .'... . ~/p "". ", ,,' ....... ..... '.-1~.'..'...~"~_._"'---".~+--_.-""""""''''''.i..>^~T\';\.~.'.'. \ " .~.: '.'. ,. .p; ,,;. I..', ',. . , . <..':.~~ ... ,..~"'! :.~,~~sn:~ 1o':-~():"l!:1..\:~h.I~,;;.a. ~ -=41 .,...u_';~~~1'-...~~ .~~q;, 'J':';'~,,". ,;, : ~~;\ ".~;;.~> ,:"'.,' "\. ,.. .J..\.:~ .,):" '.' ,"". '.\JC;' (.. j..z J.~;l/ ":i.fJ~~~.... ~."")I'~;~""~"I'II'>~ ...;"C--.:r... '. I. ~ . .~.~.!~;,,^, ...~..~ " ~.~~ .' . . ... .. .....~ i~ ~,..,~~ .+, .....~"...l!"i'.. .'.f (".t,~! ~ ...~{'l .1:'" 'l',:'!. Tr.' "' . , ~ , j, ,,' ~ " , :' .~. . .. , :,;l~:~ .. '1"" .:\~,A .;,~...V '~~'\', . ~\< \,' : ~ '. . ',I; f;: t.' " ~.I:., . T ;'}.', . <'t" o ~.:' ~'. .'':.~; ~ : ' :'.X::: ", . i~ ;.". ,';. ' }~'. :' , " '. . ~:/I; i:: ,~ . . ' ~ .1,,\ t . c~ \. . ~:~\.:" , i.:')-; . ',;-,"'" k;'. ", 'c W<',:: ;:".. :: .~ <'1 ' ;(~~:. :.:.:' "',' '.\~ .1.' . '~': ~; " ' justified, the fee will be refunded. The staff recommends a condition that stipulates the dredging must start within 90 days. Staff feels if the City supports the permit activities, the marina can meet the condition. Staff is concerned regarding the marina dredging because the ship has been grounded and silt from the marina tends to be churned up by the ship's prop wash resulting in environmental damage. He noted some slip owners in the marina have complained their slips are more shallow. Mr. Shuford noted the cruise line has been operating a year. This may be the City Commission's last opportunity to review this request because the new alcoholic beverage ordinance does away with the separation variance concept. Staff will make certain conditions established by the Commission will be respected. The City recognizes the cruise line's economic benefit to the area and the resulting revitalization of the marina. No negative comments or concerns from surrounding neighbors have been filed since June 1994. Mr. Shuford recommended action be taken on the outstanding issues regarding the parking lot and dredging. The Mayor noted the cruise line had a year to meet the conditions. She questioned if the Commission approves the staff's recommended conditions and misses their deadline, would they be out of business. Mr. Shuford encouraged the Commission to act firmly on these issues. Frank Stanonis, attorney representing the applicant. reported the Planning and Zoning Board approved a Conditional Use permit and the Commission reviewed the separation variance. In March 1994, the marina came back to include the additional parking lot. He said much has' been accomplished in eleven months. Mr. Stanonis indicated it is his understanding the impact fees have been paid and all of the conditions are in compliance but two, the maintenance dredge and parking plan. A permit for the parking facility has been filed. Once the permit is in the regulatory process, no one can predict when it will be resolved. The marina has put out bids to estimate how long construction win take once the permit is issued and determined approximately 120 days will be required. He suggested there was no point in establishing a completion date that cannot be met. He requested changing Condition #3 to stipulate a date 120 days after the permit's issuance. Mr. Stanonis reported staff was to be copied on all dredging correspondence since that condition was imposed at the June 2, 1994 meeting. In January, the cruise line tried to apply for a maintenance dredge exemption but the DEP had provided the incorrect permit. The marina then took over representation on the dredging issue. He noted there were no incidents of grounding or prop dredging since January 1994. He pointed out 'the one complaint from the Marine Advisory Board consisted of forwarding two complaints from marina tenants that boats were stuck in the silt. Mr. LeVasseur initiated a basin study this fall. Mr. Stanonis indicated dredging is 'very expensive. He said it was important to determine from where the material comes and why'the dredging needs to occur. Mr. Stanonis submitted Exhibit 1, the three complaints and Exhibit 2, the sounding data submitted by the cruise line in November 1993 indicating a two.foot depth at low tide in the eastern part of the marina where there are no slips because of existing siltation problems and a six~foot depth at the cruise ship berthing area. He claimed there have not been any environmental problems and the claims of turbidity, minCC11a.94 5 11/03/94 '". -~~~! .r~~~:~u.....;;;).t.l..&~jJ~~';':': ~~~2~~~=:.c.l:~; ~~::'~il~~\~~'J;'; :'c ~;)r:.:.;:..~.1:~~ ~).j+:'~j;:i)!~:~\i;~~.i~::>-~'t~'~:?~':~"'~~ l~~~~ ~~~~'.~i'p::'" .i :~ "ti.;'. ..".:.t. '~"'tl~~.,I.~~ ~~~t~~'il~w,u.-----."n .,. ~"~,.', ". ~~?~L.::; ,::;';':,:,: ,", ,',,: "", '. , . ~.. . ~ " ' '.'. .,W ~~ ~: '" ~1 ; " ", ~:" \ c . ~.: '. .' .: . , ," . ~ ", . ~,,:,,'. ~ ~ ~. : , " ;j.: .~<~.' , , {"~:. .' L , :r... . ;r.. " ". ~ - . '>. water quality violations, and complaints are without foundation. He said the marina owner has bent over backwards to accommodate the needs of the City and neighborhood. Mr. Stanonis noted the condition only stipulated they copy the City on correspondence regarding the dredging and did not require actual dredging. The marina did not resuscitate an old permit. They attempted to obtain a maintenance dredge exemption and going to the Army Corps of Engineers and Pine lias County navigation. He questioned why the dredging posed a problem when all of the other conditions were met. He suggested confirming with the City Attorney's office regarding the length of time it takes to process permits. Tom Miller, Assistant Director Environmental, stated the environmental position was summarized in materials distributed to the Commission. He noted the two permits under discussion are for surface water management and dredging. He indicated the issue is intent. From the outset, it was recognized the cruise boat had a six~foot draft docking in a berth with a six-foot depth. The staff had expressed water quality concerns that dredging occur within the marina. In an attempt to be helpful, staff requested the cruise line provide proof of intent or a permit to indicate dredging plans for the basin were progressing. He noted a year has passed and, to date, the marina has not applied for a dredging permit but has only sent letters requesting exceptions relating to dredging upland channels. DEP indicated dredging within the basin does not constitute an exemption because it is not an upland cut channel or ditch. The marina now is outside'the formal regulatory process because they have not actually applied for a permit and submitted their application fee. DEP is not required to respond and has turned the matter over to their enforcement section for review. Commissioner Deegan questioned if one of the proposed requirements from Environmental was to apply for a permit and forward evidence of the application to the City. Mr. Miller said it was. Commissioner Deegan noted the condition only stated the applicant had to provide the City with correspondence. Mr. Miller indicated he did not know what happened but the original intent was for the cruise line to dredge the basin which they agreed to by letter. Commissioner Deegan noted the applicant is not satisfied with the reasoning issued by the DEP and suggested that does not 'prove the applicant Is dragging his feet. Mr. Miller said a simple solution would be for the marina to submit a two-page application, a $500 fee, backup information, and include the arguments for a maintenance dredging in the cover letter. If the DEP agrees, they will refund the $500. Either way, the process would have begun. Commissioner Deegan noted the DEP did not provide a reason for denial of the exemption. Mr. Miller said DEP advised him they feel they have given adequate reason to the applicant and are not required to provide additional information because the applicant is outside the process. Commissioner Deegan did not feel the City should jump to the conclusion that the applicant has to proceed the way the City dictates 'and not their own way. Howard LeVasseur agreed it sounds ominous that the project has been in process for a year. He reported estimates to dredge the marina are between $300,000 and $400,000. He noted he questioned why the marina filled in within a ten-year time period. He indicated three storm pipes, without easements, drain into the marina. He stated Coastal , Environmental has completed a study indicating sediment in the basin has come from upland minCC11a.94 11/03/94 6 tmr3b:tJf~~~l1~~ - -.. -----.....H .~, UJ,..w.......~.~~ .....~~t#l,J; '>-AJ;l''';j;;'';~ ':':~~:."'~J;;~,,;:J.:r.J.' '.J-'~:~ i~".~~>;'.l~) ',) ::1.,-~ i~~'-1. "~.~,:~f,:, ~ .;~ ;'c';;~ ':.~~:~~~~:, ;'.~i~~~::~ ~~. ~;...~~~.::~ .;',ti~~.:{: ~~.~~.~;-;.:.~ .,.....,~ ., .;.~ ~~;;;:I ~t:Mti" '< .. . . I , . :;, ,',l:. " ~ c, c J:~';1:<!\.::.r~>:.<~,. , " ~. _.;;1'0 __ ,~~ _ a ~. " ' " ' :-~ . ~~ 1.: . \..~ .', ~~: ~l, .' J -, :... '. :':'0 ., '. . /< " ' ~ ~. . \ ~" . )t:> ~ '. }~. ;~,. '-.1 \: ~:.: : ~;. " :" ~. ,":, ," ~ , ;;, ' i): !.,: .' ; '.' '<,', " ~. "J ,< c " r.'..,. ,"c ~.~L '" ~, :;', ~' ~;~', ~ c. ~, .c '~i'''. .'-.. <:..J' :~ i ;,!~; ~.:... " , ' " . ;...... .'", ~ t~ " : _.i. ' ':,1 " \ , "il sources. He claimed the storm drains are filling his marina. He questioned why he was suddenly responsible for dredging. He stated soil analysis has been completed regarding the spoil and its removal and maintained the siltation runs out from the storm drains. He said he is not an obstructionist owner but has tried to analyze the situation. He felt the question of dredging needs to be resolved between staff, the City Attorney, and marina owner. Assistant City Manager William Baker indicated in the older parts of the City, many pipes directed to the harbor were installed 50 years ago without easements. The Mayor noted the applicant argues that the City is contributing to the siltation and should share the responsibility of dredging. Mr. Baker noted the City does not deposit siltation in any of the lines. He indicated staff sympathizes that this might occur but knew of no city where the taxpayers have accepted responsibility for the pipes. Commissioner Thomas requested a comment from the City Attorney. The City Attorney felt Mr. Baker's analysis is correct but declined to reach a legal conclusion without further study. Mr. Shuford noted the applicant has proposed that deadlines be tied to obtaining the required permits. He requested a time certain be established and noted permits can be delayed from both sides. Mr. Stanonis said he would love to know how long permits take. He felt specifying a deadline would ignore the State's regulatory process. The Mayor said the City at least needs to know the applicant has applied appropriately for the permits. Commissioner Thomas noted the applicant's attorney had stated they needed 120 days to complete the permitting process. Mr. Stanonis indicated the applicant needs 120 days to complete the parking lot once that permit, which is in its final stages, is approved. Commissioner Thomas questioned a time certain completion date on the dredging. Mr. Shuford said the applicant wants neither condition to be time certain. The applicant has indicated they will complete the work on the parking ,lot 120 days after they get their permit from DEP at no certain time. Mr. Stanonis stated the applicant does not know when the permit will be issued. Mr. LeVasseur said his organization has begged DEP for the permits and has diligently pursued its issuance. Commissioner Barfield questioned when the marina applied for the permit for the . parking lot. Tom Radcliffe, a civil engineer with L1overas, Baur and Stevens, stated after the meeting that established the October 1, 1994 deadline, the engineers drafted a plan and applied for a permit. Within three weeks of that application, Pinellas County advised them of a problem because the marina originally had a Department of Environmenta' Regulations (DER) permit which is now under DEP jurisdiction. The application for the final permit was submitted on August 15, 1994. Based on DEP assurances, he believed the permit will be issued within 90 days. Mr. Shuford explained staff recommended a January 1, 1995, deadline based on information submitted by the applicant on September 28, 1994, where the engineer indicated DEP may take an additional 90 days in the review process. He suggested the tractors can be ready to go once the permit is approved. Commissioner Thomas questioned why anyone has to obtain a permit to build a parking lot in the City. Mr. Shuford said circumstances differ here because the parking lot is attached to a marina. Commissioner Thomas questioned what would happen if the City minCe118.94 11/03/94 7 ~~~ ~~~;~:.,~.:" ~,;l.'f.:" I::'~,., .' '. ~ '. ~ , '-.'~ ~ ','~ ' '~~----' ~"--~<~~~~~Q.~;.;~\~~~i,~)..\o.~~';..)i~'k'~:id~,,\'~,,~:...~~,:~,ll~;~.~l.-:i;";I~~./.i}~.~ti~.;;~t'J'.:it.Ij;"J~t;o(':L:"I1...~~.o, ~'..~~. \4~ ~.~;. ~:l;~~;~ . . ~ ~ .:-..; 'p , , > .. ~ ",~"""" ' ~ ,,' i ,,' /'. ' ," ;<' ~,;':','. , . \" ~ . " ~\:: .. :~" . ',TO." }:I " ..... ',,< . ":;"0 >, , ::! '.: $ .'~ ~<:~'" '. 1: ..~. < " . >. .... . \' ~ . )':'" ~:.)" , " , . y .~' ~ >(.. - ' :\.:,:' , " . , , , ' y~ y~: ';.'; .\ :,..., ,'..,(. " ~t/.:'< ..~ . ~ ~ " "I " . I:',> . ',',,,., . , ~r< ", ' ~rl." '. ': ~.:. ~.. . ~ ....' " ."",' .' ~', ~ ,- >,,:..> , . ~ ' "" ,":::,'.. 1 ~~.. .' 1:"1 .. iJ,: <~.: . ;:::'. 1,;':': " ' . ':. issued a permit for the parking lot because it is in the City. Mr. Shuford stated the City is involving the State because it is part of their jurisdiction and that is the law. He understood the Commission's frustration and indicated a need for an established time period. Commissioner Thomas questioned the City Attorney if Mr. Shuford was correct regarding permitting requirements for the proposed parking lot and why the State has , jurisdiction. The City Attorney indicated the State has jurisdiction based on the stormwater quality issue. The Mayor questioned if every stormwater retention area has to be approved by DEP. Mr. Baker stated all stormwater retention requires DEP approval. Mr. LeVasseur noted the proposed parking lot is across the street and not contiguous with the marina. DEP is involved because the marina owns the land. He reported his organization opened bids for parking lot construction on August 22. 1994. He indicated he is ready to build and has no reason to stall. Mayor Garvey questloned if these types of permitting typically take this long. Mr. Baker agreed it does. He said staff has never indicated the parking lot would have to be built by a specific date but that the applications for permits would have to be completed. He said staff had not seen evidence before tonight that the applicant had applied for the permits. Commissioner Deegan noted tonight staff proposed a date to complete the work. Mr. Miller stated staff's position has been that the applicant would apply for a permit and complete construction within 90 days. Mr. LeVasseur said his organization is trying to obtain a permit to build the parking lot. He questioned how the City could doubt they were not applying their best efforts. He noted they applied for permits for the project prior to their August application to the DEP. They have kept staff notified of all permitting applications. Commissioner Fitzgerald questioned if an application for the parking lot has been submitted to the DEP. Mr. LeVasseur agreed. Mr. Miller indicated it is confusing because two permits are required. The date staff chose for completion was based on a date provided by the applicant for the parking lot. Commissioner Deegan noted the Commission is aware that permits cannot be rushed. He recommended holding the applicant to a certain time period to complete the job after receipt of the permit. Commissioner Berfield questioned when the ship began operations in Clearwater. , Mr. LeVasseur indicated the inaugural sailing was in January 1994. Commissioner Berfield , questioned if he knew the construction of the parking lot was a requirement at that time. Mr. LeVasseur said no. That requirement was established at the April 1994 meeting. He noted the marina had requested a refund of the application fee from SWFWMD in June after Pinellas County kicked the permit application to DEP. Mr. Shuford noted the applicant chose the October 1, 1994 deadline. He realized the permit application was held up for three months through the agency confusion. He suggested establishing a January completion date would furnish them with the three months they had lost. He recommended confirming a commitment to a completion date. He indicated the parking lot area is unattractive and poorly maintained. Mr. LeVasseur felt he was handcuffed by the minCC 11 a.94 8 11/03/94 .: . ~~~~~~. '-~.~:, . -:T-~--~--~~-:-_il:A~:",;'~~iJ"i;~,;r.~~":'ti,;.,u~;~;'i.,"",,,~~h;(.;);..A;j:r~i~;..J.'~;~~*';;,~~~'''''''~'';'''~'''''''''';'""" ..;,., ,;"~l.~',~ .. " ~~~.#~--":' "',-'~ ' ~{~~1~;;:~~<;;<";",:,t:":>: "'," ';;" ': , : ..\1" a ; :.~ . . ~ ~,' ~:::: . :~' . . ", d~T' /( ,", : "',! 'I. ~. .:, . . .~! [t:.;.. ," /, ,.... ~ ~ ., .'. .~". . ~::~ '.:, , V"~ ~,,' '~ ';;;" ........, j- ~:. ~:/~~ ~ .. , " , , .. ~:. . ,;. 'r ._; l' }:r:.,.' ~ ~,.' . ~ <;'~' -.c ~.~~:.~,. ' .,..' i'.....c " , ~ ;:. ~ ~ .~.}.,'.. -.:. , ......1. . \ ' .~ 1 ;' :'::;>:".,' " ~" c . . fli:~' ... f .. ,,' f' '.,'" . . , ~ . . :~'~:.':' ,~'/':." ;",:':1"' 4' 7~ ,:.' . :\': ' ,.,..,' , . " ..~ . ...'. . r;':;' .. :~. ."c . l;:~:-~) :' permitting procedure and questioned what can be done to expedite the process. He reiterated they need 120 days after they receive their permit to construct the parking lot. He stated his willingness to deposit enough money in escrow to cover the bids. Commissioner Berfield questioned why he needed 120 days when he had earlier indicated he could build the Jot in 30 days. Mr. LeVasseur said the bids range from 60 to 90 days to complete construction with commencement within 10 days of notification. Commissioner Thomas suggested the bids were no longer valid. Consensus was to change condition #3 to require the completion of the parking lot within 120 days after issuance of the permit. Commissioner Thomas added the permit must remain active. Commissioner Deegan requested adding a footnote that the empty lot will have to remain tidy until construction commences. Mr. Baker stated staff, including those in environmental, do not want Mr. LeVasseur to spend money to dredge sand from his property just because it is there. He indicated he would like to find a way not to dredge. The environmental aspect focuses on problems based on the ship churning up the bottom. Commissioner Deegan said the applicant is resentful that the City has implied the prop dredging or the motion of the cruise ship has caused the problems in the other slips. . Mr. Baker said the City has not taken that position but has reported on complaints alleging that has happened. Mr. Miller stated the initial study the cruise line provided the City indicated insufficient room to operate a ship with a six-foot draft without disturbing sediment. Several months later, the cruise line sent the City an additional letter with another study indicated the bottom contours under the ship had considerably changed and the bottom contours in other areas of the basin had become shallower. Based on this data, it was obvious to staff there had been some movement of the bottom sediments. Slip owners had commented to the City that they had seen prop wash occur and believed the reason they could no longer leave their slip was due to disturbed bottoms due to the cruise ship. Mr. LeVasseur stated the Commission received depth soundings from Empress Cruise Line in November 1993. He said on January 27, 1994, a letter from the engineering firm, L1overas, Baur, and Stevens indicated nine-feet of depth during high tide at the Clearwater Marina. He said the depth soundings presented in November were not based on a bathymetric study but on data from a simple depth recorder, which is known to be Inaccurate. He said they had not tried to present scientific data, just data that indicated the dredging is a maintenance issue. He suggested if he wanted not to have slips anymore, that should be his choice. He stated a January 27, 1994, City memorandum indicated staff would monitor the ship's turbidity. Clearwater Marina has received no requests to enter the marina for information nor has the marina been cited. When he bought the marina, slips had already been lost to the stormwater outfall drain. He expressed concerns as to the source of the siltation and a resulting cure. He did not share Mr. Baker's observation that this is a world problem and the City has no responsibility. He said this serious issue needs to be addressed separately from a request for an alcoholic separation variance. minCe11 a.94 9 11/03/94 . --............,.... ~1l...Al.~~.,..,UJ.."Ii........... -".o..i'" '_.,-":':-~";.;'~""I~:":"'::~":;~;~'!.~_'U""'.''';_~'';'',~ .~..,~ :':~ !'r''J'~ .<t.~,1.:...,~~i'~~j-t"~~~I"."'~"'~<~t,II.o\1s,.~ . '''-'L,1olf101tr.1; ~"'I""'Nr~r"""""""""""---""""-'i~V%~~...~;.~.,,~u..1,:=:-:~~';.~:"1:"'_~'''l--''ir' ,,~ , ..' ,t . '. .,1: . ~ '"' i._~ . 'l. . I .'.. .:<".: I c, I, 'I' " ' ," ~'. : . ("', ~. . .~. \'T ., " L.... . " . I.. . ., ': t'.,. . .; ., : .. ~', ';. . , ' , ~r>: ,. , . . "". ~ .' :: . rJ'.'::" L: ~. ~~ ~~' :' .:- ':.:.. 'c ," , , . ' Mr. Baker said because the City has an environmental commitment and believed the scouring caused a cloud, staff had wanted dredging to correct the problem. He said the City does not intend to be the judge regarding if dredging is required or not. He said the City wanted the marina to apply to DEP and have that agency determine if it is necessary. He indicated if DEP is convinced the shipts use of the marina is not harming the environment and a permit is not required, then no problem exists. Mr. Stanonis said the draft is between six and nine feet and there is no need to dredge. The Mayor agreed the marina should go through the DE? process to determine what is required. Mr. LeVasseur questioned why the marina should go to the DEP when it has never been cited for wrongdoing. He said no verification has been presented to prove the cruise ship causes turbidity. Commissioner Deegan questioned why the applicant needs to contact DEP. Mr. Baker understood DEP intends to initiate enforcement action against the marina because the cruise ship is operating there. Mr. LeVasseur said the DEP action was solely based on Mr. Millerts claim that the ship is causing turbidity. Commissioner Deegan questioned the Cityts Environmental Management Groupis recommendation to require the marina to obtain a dredging permit. Mr. Miller said when the marina approached the City last year regarding improvements to the marina, the study they provided the City showed there was six-feet of water above the bottom and the boat drew a six-foot draft. As a result, the City could only assume the depth was insufficient to avoid turbidity. They did ground the ship as a result of their operation. He said a condition of the site plan was for the channe' to be dredged. Commissioner Deegan noted the condition was to show correspondence even though the intent may have differed. Mr. Shuford questioned if condition #13 should be struck. Mr. Baker suggested DEP c will address this matter as they see fit. Commissioner Deegan questioned if the City was no longer claiming it was obvious the ship is causing turbidity problems. Mr. Baker said the City was not making that claim tonight but believed it when they said it. Commissioner Thomas questioned who recommended a condition regarding the dredging be inclyded. Mr. Baker said the Cityts environmental staff have sign off responsibilities on projects. When they suspected this might be a problem and discussed it with the cruise line, the cruise line indicated they would cooperate. The City is not fighting with them. He stated the City only found out tonight that the marina wanted to challenge the requirement to dredge. Commissioner Thomas questioned if prior to this time, the marina and City were cooperating and working together and now they have changed their position and state they do not have to dredge. Mr. LeVasseur stated this position is not new. He said a letter was sent to Mr. Shuford from L10verast Saur, and Stevens on July 27, 1994t stating ,the dredging was a maintenance issue and indicating they did not feel it was a cruise line Issue. :[ ;. Commissioner Thomas questioned if Mr. LeVasseur disagreed there was an agreement regarding the marina dredging. Mr. Baker referenced a copy of letter dated November 12, 1994, that said Empress Cruise Line would dredge the marina as agreed. Mr. LeVasseur said that lettor was sent by Empress Cruise Lines, three days before their right to negotiate for the marina was rescinded. minCC11a.94 11/03/94 10 ~ .......~--.......~......"......,:.j:.,{,,~.~~-i ':";}I.\::~..: ~'l~..;";J!..tI"P':';;'}~~~'"'"';l~"\~~~.:~:.~:....; ~:.,:... '",:~~;~,:.\~\~: ;;.:~:~,/.t; ,~t.~~~ i~.;J1'J.;.t.':~',"l;""4L.~.....-:~j.;..::.:~....z....-.i':,;;~;\~ :~ ~t. . ". ~ . ';:c, "!" I' ;. ,L,. ~ I'" . . ~;:'~>~":";::,, ~i:':').: :;, , . r ,) ~. , . .'. ~ , ....-41!'!! :...: ' r) ~~:';~ ., t.". . :~': 0 ~. . '" '. j. ' " ',' ~ . .: ~ ."'/,.+ .... .:"",", , , . , ~ I ' '. .". ' " , ." I >.. ' '/. . .... . .' '., :i~. '. '-;.', ~ < .~:::. ,. :~<. ,'. . ',' ".' ..,. , :~'.' :'~: c. :.'? . .' +. " )' , c'. , Commissioner Thomas questioned if Mr. LeVasseur knew the marina was full of silt when he purchased it. Mr. LeVasseur said he understood there was some silting and two slips along the southernmost drain had been lost. Commissioner Thomas questioned if Mr. LeVasseur keeps his boat in the marina. Mr. LeVasseur said he did. Commissioner Thomas questioned if Mr. LeVasseur knew two slips were filled in with silt, did he realize silt was a problem elsewhere in the marina. Mr. LeVasseur said he did not make that assumption. When he found there was a problem, he had a study done to determine its source. Mr. Shuford stated staff has agreed to drop condition #13 and the dredging issue no longer requires discussion. Commissioner Thomas said it had not gone from his point of view. He suggested the marina be viewed with common sense. The storm pipes have been in their location for many years. He suggested when a large ship with large propellers is brought into a small marina with silting problems, some turbidity of the silt will occur. Mr. LeVasseur said he has not seen the turbidity. Commissioner Thomas noted the Empress Cruise ship is unusually large for the marina which had been sitting idle for a long period of time. He indicated he believes staff's position that the ship is causing turbidity. He said by now, the propeller has prop dredged the marina to keep it clear. Mr. LeVasseur said boats with six-foot drafts used the marina prior to the ship's arrival. Commissioner Deegan noted condition #13 was being deleted and condition #1 has been taken care of. He suggested the Commission should be ready to reach a decision on this issue. He suggested apart from the present discussion, the City's environmental staff should do a turbidity study and act on it accordingly. Mr. Baker indicated Clearwater has not given up its concern for the environment. Commissioner Deegan indicated he was glad this problem worked out because he felt the operation of the cruise ship is a benefit. Mr. Baker noted while sand and silt runs from the upland to the lowland, the City does not put anything into the pipes. From time to time, the City cleans sand out of the pipes. He said the City would take action against anyone upland who is polluting. George Girach, a representative for the applicant, disagreed with Mr. Baker's comment. He said the drainage into the marina is a serious problem. Commissioner Fitzgerald noted one of the applicant's representatives said the impact fees had been paid but the City indicated they had not received them. Mr. Shuford '.indicated the City has no record of payment. David Bacon, representative for Empress Cruise Lines, said his office wrote the letter on October 28, 1994 and delivered the check. He said the original assessment for impact fees totaled more than $29,000. According to Mr. Shufor.d's October 19, 1994 letter, an additional approximate $10,000 for additional boat slips was deemed due in addition to $19,000 owed on the original assessment. The letter accompanied a check for the original $19,000 balance and contained an explanation that the additional assessment would be paid by the landlord. If the landlord did not pay, the letter indicated the cruise line would. Mr. LeVasseur said the "additiona'" slips were replacement slips but deemed to be new ones. minCC11 a.94 11/03/94 1 1 _uw.~,t.s..!~-t.'fI~~T ,.,~-~_--' u . ~~~~ ".:,..,. L~';:,:.::~,:';:::"/'; :,:; ',' ",..:. ,,~. ~.'~,;. '.'. --......,~~~~I.;.li;.~,J~~j~i.:l;~,...A~~,j.~~;.,; l(: ;i!.~itl:..~:';~~~.~;:,).-;(J~J~~>~;:';;~l2jij~;.~Jk!~..~~~ I~""l\;;'; ".1 J'J,' '. "~~. ". .t. ~ , ' . .'\' I, ~' p .' .0 , '. .' " (, :.'" '\..' . .: ~ 't'. ~;,',~ :F .. ,.., .!..~. : .'. I'." ::l" " ,", ~'. ';, . 'C'... ' ~":':',~ ." :' .~, .' ;~:~. .," , j !\::," . ':\..< I'. "l" I. ,. ' I..' . . \" . ':r~. ~, . (:~~":,;X,,: /.~.'. '.". r,:., KX~H~ -..; ,f.': ~ ".... ~?,";. , " :':~.. . Y}', \' "'......... " , : ' ,1"< Bob Bickerstaffe spoke in favor of the cruise line and looked for staff to work with them. He noted how Stevenson's Creek fills up the harbor. He recommended bending over backwards to help the cruise line. Commissioner Deegan moved to accept the alcoholic beverage minimum distance separation variance and six month trial period review for Clearwater Bay Marina subject to the conditions as recommended by staff (see page 4) with the modification of Condition #3 to read, lithe applicant shall complete aU proposed site work associated with the new parking facility within 120 days after permit issuance from DEP contingent upon the permit application continuing in an active status," and delete Condition # 13 and renumber Condition #14 as #13. The motion was duly seconded. Commissioner Thomas questioned if Empress Cruise Line has addressed the City's concerns regarding non payment of sales tax by boat passengers. Mr. Bacon said he was not aware of the issue and requested additional correspondence. A copy of letter from the State Department of Tax and Revenue will be forwarded to the cruise line. Upon the vote being taken, the motion carried unanimously. Commissioner Berfield said this case is representative of what happens when the Commission rushes to work with someone to quickly establish a business. She recommended instead of rushing to approve a similar project, the Commission should take more time to be certain the conditions are met. She felt the Commission had been too hasty when they first approved this cruise line operation. She recommended the Commission pay more attention to the details of these proposals before approval. The Commission recessed from 8:04 to 8: 14 p.m. ITEM #9 - (Cont'd from 09/01, 10106 & 10/20/94) Variance(s) to Sign Regulations for property located at 20967 US 19N, Sec. 17-29-16, M&B 23.05 (Clearwater Motel, Inc./Howard Johnson Motel, SV94-24)(CP) Mr. Sh'uford reported that staff reviewed the modification of the proposed sign presented by the applicant. Staff recognizes the sign needs to be strung between two existing poles. The applicant has amended the application and now requests an area variance of 37.83 square feet to allow a sign area of 149.83 square feet. Staff recognizes the additional area is needed ,because of the multiple businesses on the property and the 18- foot distance between the two poles. Staff recommends approval of the sign as modified. Todd Pressman, representative for the applicant, verified pictures of the property presented him by Mr. Shuford. Mr. Pressman indicated the sign is the last one on the access road. He noted the visibility of the sign from the intersection is a problem. He 'reported the property has reduced its. wall signage by 50%. Commissioner Thomas questioned if Mr. Pressman agrees with staff's recommendation. Mr. Pressman said he agreed. minCC11a.94 1 1/03/94 12 ~.' I IL .......-~~~L.~;~4~~~~.~ ..J::~~~~ \ ~iH~~ ), ~;.;~~l~~. ~'= i,~ji-o:'~ i~~:i~' '.':::::~ ~:';.:.~'Xl=~: j. /I"~..:";;.," .;~...~ ~~~;. ~~ ~~/.:~~~ J.~~ ~~~. J):~"'",~~M'.''}~ ;'~:~~4~~~.;.'~j/.'i.;it~ ... "I, " , ' . ~ !'':"''~<~-.; i ~. t. ,,", <' < ,~ii_~~;~d..\',,: . ..... ,., .... . ,'... . :.....c. I. ~ ,~ 1:'; /.. ., r~', ' ,J,. , " .' , U.'. ." !~: ; :.,. l~~ .; - " ,::- ' j.~' .~ .. , " : :. . ~. . r::" i"\. c:. r;;~I'. , .!Ii> ' fffiJ' ' ~..t:'l t1i1 ' ~f\f"~ ~: .. ~~" . ~"~.~, ~ ~~t:.. ~:g;:': (, .'i.', ;..' };~;.; .:', :~~:~~ ~;~ :'. c i{~},,:" ,..... : -;+j" . ~~. ~ ..' :":'.. .I{: . . ~ +, , > " :'" '. ' '.....: . ":. c., . ;..." l"'.' Commissioner Thomas moved to approve a variance of 37.83 square feet for a total signage of 149.83 square feet for property located at 20967 US 19N. The motion was duly seconded. Commissioner Deegan referred to the last page of the agenda item, and noted the Howard Johnson's sign will be 100 square feet. He questioned if the remainder of the signage will be for the reader board. Mr. Shuford said the two strips win be for a reader board and comedy club sign., Commissioner Deegan questioned if the strips would be located between the poles. Mr. Shuford agreed. He said staff had considered requiring the Howard Johnson's sign fit between the poles and lower the variance by two-square feet but felt the presented design was preferable. Upon the vote being taken, the motion carried unanimously. ITEM #10 - Variance(s) to Sign Regulations for property located at 2907 SR 590, Sec. 8-29- 16, M&B 11.01 (Mission Hills Plaza Venture/Johnny's Italian Restaurant, SV94-35)(CP) The subject property is located on the south side of SR 590, east of Lori Drive. The eight square foot variance requested is to permit the existing 56 square feet of attached signs to remain. Mr. Pressman said Mr. Galanti had requested he advise the Commission that Mr. Galanti had to leave the meeting and requested the Commission to continue the request. Commissioner Fitzgerald moved to approve the variance of eight square feet to permit 56 square feet of attached signage at 2907 SR 590. The motion was duly seconded. Commissioner Thomas noted there is signage in the window at the restaurant. The Mayor said that signage is what is being addressed. , Commissioner Berfield questioned how large a variance was denied for Val's attached 'signage. Mr.' Shuford thought that variance was about eight feet but noted the major issue at Val's was the number of attached signs. Upon the vote being taken, the motion carried unanimously. lTEM'H11 "V~ri;lnr.p.(~) tn Sign Rp.glll;Jtinn~ for property located at 2218 Gulf to Bay Blvd., Sec.18-29-16, M&B 23.13 (Koumoulldis/Mr. Submarine/Mr. Gyros, SV94-36)(CP~ The subject property is located on the north side of Gulf to Bay Blvd., east of Belcher Road. The applicant is requesting the following variances: 1) a height variance of seven feet from the permitted 20 feet for a freestanding sign; 2) an area variance of 94 square feet from the permitted 64 square feet for a freestanding sign; 3) a setback variance of five feet from the required five feet to allow a freestanding sign zero feet from the Gulf to Bay Blvd. right-of-way; and 4) a variance of one message panel from the permitted two message panels on a freestanding sign. minCC11 a.94 11/03/94 13 Im!~~,,;. :~~ .-...... - -~""'~.,.."":""'''''~;;'''<W.''~~;;~ .~I.,i.:ikj;,,~'c;,~"'.,"''";.~~1'~~ ~..-r'.: . a, .'. ~. 0, , ' t/: .;" " , , ..y'. !~': ">' r:,. rL .' '. ~ . l.'~ : ir'~, , h<:.' ..' ~) ~ ~ . ~ , '/>. '. . ~.' " L.... :l '.. _ :..C~ 0,. '. t':~y, .' , : ~~ . c >. ~'t:.. ,. ;-'> \ ~ ". ... ." :;:'. . t: .1, ~ ~ ~~" . ' Ij ".' ~ .,' . :'j. '. .' " :.t~~' : " ....,.'.:': < :::J" . f:''', L~ . . t(:,;:' . ,,~ c .: ~, ;- '1'" ., ,:.~ ., ~" ,'. f{::::,' .J-- ,..' {I,' ~ ..,.. ;: ' 'd .... 'j ,.'~\ ' ;1', , , Mr. Shuford said this request is to allow an existing sign to remain. He said the sign is large and grossly out of character with the zoning in that area in terms of its height and size. Staff recommended denial of all variances but the one regarding the setback as long as the signage is centered on the pole. The applicant was not present. Mr. Shuford recommended the item be continued to be certain the applicant has an opportunity to address the issue. Commissioner Thomas noted the City permitted a seven foot height variance for Bay Area Neura Muscular and questioned the special circumstances on that approval. Mr. Shuford said that sign, on the north side of Gulf-to-Bay between Cleveland and Highland, would have been blocked by existing buildings constructed close to the property. Commissioner Thomas moved to .d.e.mt the height variance of seven feet, the area variance of 94 square feet, and a variance of one message panel and to approve the setback variance of five feet for the subject property for meeting Section 45.24 Standards for Approval, items 1-4, subject to the condition that the sign panes shall be centered on the existing pole and by maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shan be liable for the cost of relocating or removing the sign in the ev!!nt the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded and carried unanimously. ITJ;M #1? - V:uiRncp.(~) tn ~ign Rp.OlllRtinn~ for property located at 1616 Gulf to Bay Blvd., lakewood Replat, Lot 7 and E 45' of Lot 6 (Remprop Inc./Metz/American Family Insurers Inc., SV94-37){CP) The subject property is on the northwest corner of Gulf-to-Bay Blvd. and Yelvington Avenue. The applicant is requesting a setback variance of 3.5 feet to allow an existing freestanding sign 1.5 feet from the Gulf-to.Bay Blvd. right-of-way. Mr. Shuford reported staff recommends approval of this request subject to the top of the sign being modified to produce a finished appearance within 60 days. , Richard Metz, son of the applicant, verified pictures of the property presented him by Mr. Shuford. The Mayor questioned if he had any problems with the recommendations. Mr. Metz indicated he did not. Commissioner Berfield moved to approve the setback variance of 3.5-feet for the subject property for meeting Section 45.24 Standards for Approval, items 1-4, subject to the condition that the top of the sign pole shall undergo cosmetic repair to produce a finished appearance within 60 days after this public hearing and by maintaining a sign with the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded and carried unanimously. minCC11a.94 14 , , /03/94 ~~~~N-t+~; .l~}: :~::.. ".:: . '. ",'. "+, .' :i:i-:;j~)/:i;:,::(',~'" ,'.., ",.',,'.' .. l..LIJ....."""".a..~,;!>.uLI!.,}".'"""". ,-; .,,'. . ,c,:. 'I'. : c .~. ....,. .,.. ..>~...~.I~~> .....".", ~tt .........~.' ...,;,...t.Jill!~ . . ~~J..'~.o;.r~~~';':'~I,.~~(h,,\;:t.~:~Y'~M~{,;~i'~;~...~,}~.~i...i,iL41y.'")~:1~~..J.~~~~'i~~~.~"~~~"'t l..t;"rt..-..;~'~;."",,~(.;~~~ ....."'+ . L ~ ". . . c' .,..." ,~ ~ o , ' ,',' ',~ ';,.' . , ' , ' ,ti.L , ' , ,I, . f!" . t-.:.. .. ~;:;.,; ~~;'.:c " . ~',' . ',' ~!\~~'.. , .~~:.~ , . f":' " , \",. ' , , , ~,:~\:"," 'l';\;'. !;:'l~..?;:. f.. . riD\.: , ' } ".:"," ' (:,::, ~': .~~\< '. f.... . .~:c.f~..:. \>'. . .)::'., ;. }~t( '< :~..' ~ .' ":' ~ ,", ..... i~~"'" :~ .,T7. ".. , I:~F:.;:, ',~' (~; ::. 'c . .~~:/~:- :~', '.. .. ~~~~~.;,:. ;;':. .'. ~~i': .. ~~"i' :-::":,"'~ . 1 "', c.i. ...."'1 . ',' c~\'. ':. ". ~ . :~:~: 1 : c f' , .' . . ..:.,' " . c' .'. . ..t::/'..' . ~ ",'.- ~ ,~J ::1 .:: ". .' i.':' .,,'. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5694-94 - creating Sec. 17.06 to require permits for fireworks displays, pyrotechnic special effect displays, and open fires, and establishing a schedule of fees for such permits. The City Attorney presented Ordinance #5694-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5694-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: UAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. 5667-94 - Creating Sec. 36.039, to establish a Tropical Seascape Design Review Committee, establish powers, duties & jurisdiction for the committee (LDCA94-23) Ordinance withdrawn. New ordinance to be drafted. ITEM #15 - Ord. #5697-94 - Annexation for property located at 1304 Ridge Ave., Highland Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.l. (Pappas, A94-20) The City Attorney presented Ordinance #5697-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5697-94 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. , ITEM #16 - Ord. #5698-94 - Land Use Plan Amendment to Residential Low for property .Iocated at .1304 Ridge Ave., Highiand Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.l. (Pappas, LUP94-23) The City Attorney presented Ordinance #5698-94 for second reading and read it by title only. . Commissioner Deegan moved to pass and adopt Ordinance #5698-94 on second and final reading. The motion 'was duly seconded and upon roll cal1, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. . ITEM #17 - Ord.. #5699-94 - RS-8 Zoning for property located at 1304 Ridge Ave., Highland Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.1. (Pappas, A94-20) i . i , The City Attorney presented Ordinance #5699-94 for second reading and read it by titie only. Commissioner Thomas moved to pass and adopt Ordinance #5699-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: minCC11a.94 15 11/03/94 ~ . I~"",'c~ .'" -- :-~..,,"., - ,', _~"""'."''-''''''',.',.;. c. ..,.. ,..,. ..-,',"" ..",.,),,,(,",, '.' . "..'.i,Y.:....",..",~..;.,,'",.~..'c."':[,...:.;.;.-.;:.,;.;r./."..;....;~'~..,- I. ~~~. ,.~~..........~~~li'l~>J;.~~ll;~r;~.f~I~~I~.~~llkx:.r.;~~.....a.:\~~W~';u.pfI.--. ~ ~;;i3~';,"~:,:,}; i :-',..:::\,: : ... '" .. "<. ' .: '1-',. ' ,. . c j ,;..,_ ..,.' .. a " ~.-'iL..' o ; ." i ~ c . c;~. . " ~~~.:: c .: . ,~~:, ; ~r:-:1 . .:-:,' . 1." r~,. i{~ :, ~'t:.~:~,:" " ' ;,',-"\ ~ / ~ J,' ~ l:.;< ,: 1{1\ (,;.::: !~.t:: . ,I r. ',,;\'; ~ ": ~ >.' .\ .~. ~. 1-. ~ ,', . ;, ~i->. j '.~/... " ~~,:; ~:.:,; .~. 'l'lI:'f"" ;". ',' . . . " ;~ ,> '~', ' tl<':'.' . I..... .~ ,- "'. . " , ~. . ~~.. :.~./,~..~ :"".\.;' ~\..~ .' ", . ~ :;' : ',c.. ;.' ,~ . , ,,1.,"' ttAyestf: Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Naystf: None. ITEM #18 - Ord. #5700-94 - requiring below ground installation charges for 3/4" and 1 tt backflow prevention devices when installed in conjunction with lawn meters and eliminates charges for above ground backflow prevention device installations with covers The City Attorney presented Ordinance #5700-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5700-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: ttAyestt: Fitzgerald, Berfield, Deegan, Thomas and Garvey. t'Nays": None. ITEM #19 - Ord. #5701-94 - Amending Sec. 28.10 re newsracks and vending machines relating to notice and enforcement The City Attorney presented Ordinance #5701-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5701-94 on second and final reading. The motion was duly seconded. Commissioner Deegan referred to a July memorandum from Mr. Shuford that identified some sites with attached signage would be affected if the ordinance is approved. He Questioned if those problems had been resolved. Mr. Shuford said they had not been and indicated that was an issue staff wanted to touch on with the business community. He stated staff has a number of amendments to the sign code regulations they would like to present. Commissioner Deegan questioned if the ordinance is approved tonight, would all the signs addressed in the memorandum become nonconforming. Mr. Shuford said that signage is already treated as non-conforming and this ordinance does not affect the signage issue. Commissioner Deegan noted this ordinance addresses vending machines. Mr. , Shuford agreed the signage relates to the vending machines but is included in a part of the code already in place. Commissioner Deegan indicated the memorandum stated numerous properties have been identified as having new problems with attached sign code compliancd as a, result of this ordinance. Mr. Shuford said when the Commission adopted the ordinance that treated vending machine signage as attached signage, some businesses were suddenly , in noncompliance because vending machine signage had previously been exempt. He said staff raised the issue to advise the Commission of a potential problem. Enforcement has not yet taken place. Commissioner Deegan noted the problem has not yet been resolved. Commissioner Deegan requested clarification for a citizen. He referred to Section , 28.10, subsection 4, saying, ttNo vending machine shall be installed or maintained within any part of a public right-of-way." He questioned if paragraph 3 contradicts this sentence. He felt it did not because a vending machine is identified as different from a newsrack, which can be allowed on the public right-of-way. A vending machine cannot. He noted Section 3 refers to newsracks on public rights-of-way and states those on sidewalks must front toward the sidewalk's center. A following section referring to newsracks in the minCC11a.94 11/03/94 16 - :~~w!it~"'~f.l!'i':yj'iu:m,~-" '. " '. '"_._--....,;.u;J:..~i>iOIi.'~i.l)U,;V~;;r~;f-:~.J.";',',;~.'. ..~:,;:...,'.; .,'!.'..~;.;;~\..:,..:,.:, - ....,""'>" :.. I'. ~ ';:'" ..:c;"~,+.'t..J.{,;;,:.,;:,,)~i.j,~:rit,.!.'.IJ;:;;'i.,;..jJ.J~,,i,,~..\U _~~' '" ..,-..Mr ,.;-.J1,.""'.......:..;,~ I'" J;.. ~.'i'-~~L~~J.~~.~~:'.rdl 1:',.::,.-.:;. ,.:$c~~"'.>'i'.....I;"wJ.... ,t,:.. h" . . . ~i;;jk;,::>,;.. ',;: ;" ;.,' .. . . , . . . . 1-\,..,f'. - ~ palrkway, states they must front toward the sidewalk. He said this is not a duplication of , , '. ;. ru es. .:.:.~~:,'~:,~':,',; ,:.,.., " , J~~,,;",:;\;;;!' >;,,:: ...... .,:~. .ii;.......,. ... , .. . ",. ,,' " <. , ,. . ,. . ""0' -1:',' . '~': >, .,.~ ,. .~. I ,i.. I l:~.:" , ~~'- ~~~ ','. ., . .n'~ , '.. L. . .,. .. \:: :'l~ '.. . f.;",:' . W>.'", ~ .:.. ... '". f[;0i:: : ; ~.,i' ~..~ " . c , ~';~~;.: ~ <: . ...:! ... ~ ' ~ ~ i ;~ , , > J ~'- .' . )'"," co I;.. ',' , ~f.\.~::. ." ~~':_~ ~:< ' {\:~:: ....: r~:"~', e.;" :::'/...' ~(: r:::"., f,i~.",;:,:: . ;'.'~ " : .. ',\': . ::.. c"';. > . Upon a roll call being taken, the vote was: nAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #20 - Ord. #5702-94 - Amending Sec. 1.12 re general provisions relating to enforcement of civil infractions for repeat violators The City Attorney presented Ordinance #5702-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5702-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: l'Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #21 - Ord. #5711-94 - Vacating 40' r-o-w easement lying along the N line of M&B 14.02, Sec. 17-29-16, subject to W 15' & N 3.5' being retained as a drainage & utility easement (Parkwood Estates, V94-10) The City Attorney presented Ordinance #5711-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5711-94 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. ITEM #22 - Ord. #5712-94 - Vacating 20' r-o-w of Eastmoor Ave., lying along W side of Blk 82, No.' 2 Springfield Sub. and lying E of Blk A, No. 1 Springfield Sub., subject to it all being retained as a drainage & utility easement (City, V94-11) The City Attorney presented Ordinance #5712.94 for second reading and read it by title only. ' Mr. Shuford noted when this item came up for first reading, a citizen had expressed concerns regarding how the vacated property would be distributed. The Property Appraiser's office confirmed the vacated land originally came from the properties to the west and will be' returned to them. He referred to a recent memorandum suggesting the erection of temporary barricades and signage to address illegal dumping. Commissioner Thomas moved to pass and adopt Ordinance #5712-94 on second and final reading. 'The motion was duly seconded and upon roll call, the vote was: minCC11 a.94 11/03/94 17 .. t'MIIP - ,. l....wi..\~"'iO'~~:.lk1>i.~~t~~~:~1i')~:.;.,~,...h!{~~\\\..ir'1ii.~j;!k{~~';.j;(,~~~i~.i:~~~:;.il~~li~;~h~~~';.:;;,iJ~ I }', ". ..If - -,. ~ \ ",' {;~:c, : ' . \. ~' . ~~,\ .~.. . r;:: ' ,. , ,:~', " , " .~ ' :. ~,;:.:,;. 'f..~'~ '.' &~t1.':c'" " .'?i~~li' .. .- i~J.;t:' , ~}W'.. ?.r . \~;~ c 'f.~f(', \lf~"c ,locol. "if,,': ;(.';,;:: : ~," ~~~:~:;' :u )-rl t ~ trr.,., .,'~. ~. . J<'" ," ..< . ';~'. ?r\-~ ~ I liji;H ...' .- ~ t." L i;;' 1"',. }tr; , J!~. "'~ . . ""....' ' F, ',' . ~~':....: " , I.~;' . c\1-' .C" c ~~. :'~. : '~~;:::. /; , : " ~ >', ' ' ~ (" " ' I. '" " " ,'. "Ayes't: Fitzgerald. Berfield, Deegan, Thomas and Garvey. ttNays": None. ITEM #23 - Special Items of widespread public interest - None. ITEM #24 - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #25-28) - Approved os submitted. ITEM #25 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban & RS-a Zoning for property located at 3137 San Mateo St., Delara Gardens, Lot 10, 0.17 acres m.o,l. (Ottaviano, A94-23, LUP94-26)(CP) ITEM #26 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1861 West Drive, Clearwater Highlands Unit B, Blk B, Lot 11, 0.21 acres m.o.1. (Carroll, A94-24, LUP94-27)(CP) ITEM #27 - Receipt/Referral - Land Use Plan Amendment to Institutional & PIS? Zoning for property located at 609 Railroad Avenue and 705 & 707 Eldridge St., G.L. Bidwell's Oakwood Addition to Clearwater, Lots 50, 51 & 60, 0.42 acres m.o.l. (Mount Zion United Methodist Church, LUP94-25, Z94-11 )(CP) ITEM #28 - Receipt/Referral - LDCA to delete requirement for receipt & referral of annexations, subdivision plats, site plans, zoning atlas amendments & comprehensive land use plan amendments; providing for variance approval by the Planning & Zoning Board; requiring posting of properties which are the subject of proposed site plans and subdivision plats; authorizing the Development Code Administrator to certify site plans & subdivision plats;' authorizing the City Manager to determine whether to require the conveyance of land, payment of cash, or a combination thereof to satisfy the Recreation land Impact Fee and Open Space Impact Fee (CPI The Mayor referred to Items 25 and 26, petitions for annexation, and questioned if any effort has been made to attract the whole block. Mr. Shuford indicated it was difficult to be pro-active on annexation issues. Commissioner Berfield moved to approve the Consent Agenda as submitted and that , the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Deegan referred to Item 28 and indicated what is being proposed for receipt and referral is that the Commission would never see site plans for developments under 25 acres. Mr. Shuford said that was correct except for sites involving a planned development where the site plan is part of a zoning change. He said those types of plans represent the bulk of the larger site plans. He noted the essential problem with receipt and referral of site plans occurs when a room full of people oppose a particular use allowed by minCC 11 a.94 18 1 1/03/94 ~;-: ". ~.-.:.~;.. .----~"''''''..'"'''.:t;'''"',."lu.;,."''';,~;.'~,!J,;',:;;;:;;;,;;i,~;0''''"'j''~,4","'ili"""""~....... .," '~ '., " , '. ' i, ~ 'i ;.'" " ' ,/. " :.::' .' ~.' : ." . ~ .. :' . , , , :;. .' ".'0 f:...' . ~,:.~; .: r , 0'":." 1'.', . ~/., '. " .L,:.T, , '. , " '-. ." . , , ?-z.: ~~ ' fF: :,:', ~ c: . . r.:,.,' '. T , i:." . r;:i::,:, " 1:' ..~'. I ; ~. . ~<. .~', ~ . c ..~ <;. oW'. ~:.}.:.::.,~:. ' \:,,': . fe,: '., .~. ". ,:". . ~';' ." ~:::".' ,., ~.~ ~ ~: <;~ . \<i :~{": ,t ~ ~ ;U:;:+c .' (;"~.'" . . c . . ~. I . ...... '.~~.;., , ~:.~? '. ~ law and where all City codes are met. He pointed out these types of situations put the City Commission in an awkward position. The Code Enforcement Review Task Force recognized this problem and recommended the minimum size project requiring Commission review should be 25 acres. Commissioner Deegan felt 25 acres is too large for a minimum size project requiring Commission review. He said he would not want the Commission to be ruled out of reviewing the development of smaller properties like the bluff or East End. Mr. Shuford said if a City property is involved, the Commission will be involved with approvals. He suggested the Commission could receive and refer this item with direction to staff to express concerns regarding the 25 acre limitation when going through the Board review process. Commissioner Thomas questioned if this was recommended because the City Commission had a receipt and referral process that reviewed controversial developments. The Mayor indicated two points are being discussed. First, the receipt and referral does not have to go through the Commission. Second, site plans under 25 acres do not have to come before the Commission. Mr. Shuford reported the City Commission now sees site plans of non-residential properties of an acre or more or a residential property of eight units or more. He suggested the City Commission's involvement with site plans puts them in an awkward position of ruling on controversial ones that meet code. If the plan meets all codes, the Commission has no choice but to approve it. The Mayor noted the Receipt and Referral process is a formality to allow staff to review projects and this process is recommended for elimination. She questioned if the Commission wants site plans to come back to the Commission after staff has reviewed them. Mr. Shuford indicated the proposal limits projects that will come before the Commission to 25 acres or more. Commissioner Thomas noted there is usually little controversy regarding small projects.' He referred to the controversy surrounding less than one acre of land when the three lots at Clearwater Community Hospital were discussed and noted the Chambers were packed. Mr. Shuford indicated that issue involved a zoning and site plan change, and would still be brought before the Commission. Commissioner Thomas noted some controversial issues with Morton Plant Hospital were first addressed by Receipt and Referral. Mr. Shuford indicated every Morton Plant Hospital issue was reviewed by the Commission because they involved a land use plan change and a zoning change. He stated if the Commission is comfortable with the zoning and land use patterns in an area, they would not see the site plans of less than 25 acres. He said staff could advise the Commission of these activities through a weekly list of sites. Commissioner Thomas said if a landowner meets code, there is nothing the City Commission can do about a development. Mr. Shuford agreed that was the point staff is making. Commissioner Deegan questioned why public input is considered necessary. Mr. . . Shuford suggested little issues regarding fencing and buffering can often be resolved through these discussions. minCC11 a.94 19 11/03/94 . tl .U~~.r".(.;'i~~~~~.~..1.-.c..~.w..J\:' v~"'~..~ .J,i~'t{, ..::i~\.~~~~lI'~/i~~h~:i.~I~J.$.~~...:...:::~j.~;'~~;'~:"'~":';~ '~"'&:..~ ~I\~~A, g~;,>;[.},.;~.;;,/ii>:>'<,:::";':,,, .,' " .: ':...;> ' :,', ~.' ~':'" I .," a , , .J. '. . , ". . ~' '. .' \, 'lJ. ~I~~ . :.~~~ ~:. .' \. . .r.I.' , ....~ . .'. ""'0 ' " ,.'. 1; , '.,:' ~. ~~. '... .;,:: !' ~tc, , :. ~ , l' . (:, i .~ "t.,I,. ", . :.) ~ :'c/ ~}~c;. " k~;:-.' it.:.......:. i~~.~. '. f}' ~ ~. .. . . i,' i :-. . '.,,' , ..' ~ J . . /,';-- ~ .' ~;.\ ,~ I tit, .. (.,;, . ", . ~ :' , . . :~::.::... ." t~:-'.:.;O :+ . :J...., ','," ~'.~ . '" ."'. ~f ~~. ;, I ~ ,~ , ' ~;' . '...'.: : ':~I.,.I.' .' .,,""L, /:.~::~',T ,'j-,., ':"c ,,' The Mayor questioned if the Commission had a problem with cancelling Receipt & Referral. Consensus was that the Commission had no problem with terminating the Receipt & Referral process for issues other than site plans.. Commissioner Berfield questioned the size of the Builder's Square project. Mr. Shuford indicated it is approximately 13 acres in size. Commissioner Berfield questioned if that would have come before the City Commission. Mr. Shuford stated the Commission had some control over that development because they had a development agreement for them to control traffic. Commissioner Thomas noted Mr. Shuford's references to zoning atlas amendments and comprehensive land use plan amendments. Mr. Shuford stated the change would curtail the formality of bringing Receipt & Referral issues to the Commission and begin the process with Public Hearings. Land Development Code amendments were not included because staff feels it important the Commission address those matters through Receipt & Referral. Commissioner Thomas questioned if after the change occurs and a plan is presented to staff that does not follow the rules, would the project be forwarded to the City Commission. Mr. Shuford said if a site plan does not meet code, the only two options would be to comply with the rules or seek a variance from the Development Code Adjustment Board. Commissioner Thomas noted denied variance requests are appealed to Hearing Officers and questioned if something is in the works to bring forward for discussion his recommendation that the Commission take the place of the Hearing Officer. Mr. Shuford said a memorandum has been issued reflecting the opinion of the boards. Commissioner Deegan expressed concerns that the Development Code Administrator will certify plans and subdivision plats unless they are over 25 acres. He felt 25 acres is too big. The Mayor directed staff to get input regarding the size from the boards. Mr. Shuford requested more detailed direction. Commissioner Berfield suggested setting the size at five acres and (ncrease it if deemed appropriate. Commissioner Thomas questioned the footprint of the Mass Brothers property on the . bluff. Mr. Shuford reported the site which includes a portion of the parking lot and the building is approximately two acres. Commissioner Deegan noted the Commission fiddles around with site plans regarding curb cuts, location, noise and aesthetics. Commissioner Thomas noted the Commission is not bound by law to accept a Receipt and Referral and if the Commission refuses to accept it, the process is dead. The Mayor noted an applicant must be given a fair hearing. Mr. Shuford noted if applicants meet all development codes, they will prevail. Commissioner Berfield noted the Receipt & Referral items on tonight's agenda and recommended the minimum size property the Commission should review for development is one acre. Mr. Shuford said the Receipt & Referrals approved tonight were for annexations. Commissioner Berfield questioned the minimum acreage that could be included in the public hearing advertisement regarding this amendrnent that would allow the City Commission to adjust the acreage (f thoy deemed it appropriate prior to adopting the ordinance. Commissioner Thomas noted if a developer obeys every single law, the Commission has no standing. The City Attorney agreed. Commissioner Thomas suggested developments requesting a variance should c:ome before the Commission. minCC11a.94 20 11/03/94 - "......I;l'~......th.L,. -- 4'>:"" '., .i ,<,.. ...,.;.... . p" .,' "J-.. '~~ .; ~_'..:. ~'", ........ ,.,.'.:':i:.u1: ... w~~~Iit:~l.:.ri~.f":"....~,\J"'r"~ M- ....i.,...}'" .....I.o.~ ~':'::C}VJ:"', : ..........:... l.~J..,1~;f' :r\t',--"'" ~ ./... ",;~~"" ,'.; , ~..h, .:>..! < I.,', ~-Q", ',!'. ~ >H;. ,to ':t- ::...;.! ':., .;'~~~f-......L&"'1~ . ..:,""''''"'..I';:!''"I:I"t'......:''''''oll'........r..,>::....~-j:~~.....,.. ~..;''f:;.f.".~. ............ 'c"t"'k ~~i~~.)\ifk;;;..\.~~~-,' J. ;B;:':7/,.~.~,~, ;:/::> : '. ~ ,', ,',",' " ,'- a ", '.. " -\ -t,.. ~. ;>0 ", !;,;.. . ;,~ :'. ~:\ . ~:., r . ~':~": :: .'. ; l::,.,', . ~'::: : " ~., ,> ' ~':"~,." .,<.... h'_ . . .;...., it:,;. , ," ~~ . c'". ..c. ~ I'/~~~",:: .- ;.-.....>. ' f?::', r.;:':-.' t~~:~:\ : ~~., .". . :. '. .". , " ';;'.' ..-:.,[ . :~:~. ~ ,:1.... . /1-:.', ,1'./.. . ~ ;::' '". . , , Commissioner Deegan and Commissioner Fitzgerald noted staff is following the Commission's guidance and request to streamline the process. Mayor Garvey recommended directing staff to proceed and change the minimum acreage to five acres. Commissioner Deegan noted the Commission .may have issues they want to discuss with the developer and did not want to miss that opportunity. Bob Bickerstaffe felt things came back to the Commission in the wrong direction. He said staff interpretation is not always the same as the Commission's would be. He noted properties of less than an acre may need to be reviewed to check staff's interpretation. He felt the system could be streamlined without bypassing the Commission. Mr. Shuford referred to pages 4 and 5 of the Ordinance and indicated that presently the Commission sees a preliminary site plan. He suggested instead of obtaining the required additional information late in the process after the preliminary site plan has been approved, all the information be provided up front. This process would have to be staff directed. Commissioner Berfield questioned why the process would have to be two fold. Mr. Shuford noted the only thing the Commission has denied during his tenure was one subdivision. Commissioner Thomas said if the developer is obeying all of the laws, he had no problem with never reviewing the plan. Commissioner Thomas suggested variance requests first be reviewed by the Commission. Mr. Shuford said staff discussed with the Code Enforcement Review Task Force whether the Receipt & Review process was one they wanted to continue. The Task Force indicated that process is an impediment to the processing of development and not customer friendly but was uncomfortable with staff approving extremely large developments without the Commission reviewing them first. Commissioner Deegan questioned how to get the final site plan review back to the Commission after staff has reviewed and addressed it. Mr. Shuford suggested customers will object to the expense of preparing a final site plan if the City Commission can later deny it. Commissioner Deegan noted the Commission could not object if the code had been followed but noted little things 'may need to be addressed. Mr. Shuford suggested the site plans could be provided with accompanying information in the Commission's weekly information packet for individual comments. Commissioner Thomas questioned if there was a solution to his concern that if the proposed development does not obey all city rules, the proposal would first go to the City Commission for review. Mr. Shuford suggested if a variance or conditional use permit is , requested, the site plan could go to the City Commission for Receipt & Referral before it goes to the Devetopment Code Adjustment Board and Planning & Zoning Board. He noted if a development does not meet all the rules and obtain necessary variances, the City will not approved the site plan. Commissioner Thomas suggested the Commission could give comment on projects requiring variances or conditional use permits. He said he was not hung up on a development's size. He felt if every rule is not followed, the proposed development shoutd come to the Commission before the boards review the requests. minCC118.94 21 11/03/94 ...........aL ..~~~.~.. t.J ....~. ~.... ..... :.~' " ..' " : \ .', "'';\~)i. .", '.T' .~. " ~~., /,L I '.. c.'. -.: _ '~"";'~ '."':~ :.~.-...' .'a;}, '\~J,..r,~~4\~~ . ~ J.:..""-....... hio.c..,;............... ~~....J-!.:'"..:..-...~.;tO;:....Jt,....;,....fAU+1,;j.,'i".~..~h~...":'A.t...:;::] ~ r,':~.,-4~-:-/"::~ ::"~._.~.~.IF ~....:: ....~i,-::.......!~ iA.-k.......a.f~.1'lo1 ~.~ .... , ~if~~~1>~~-".. . .- ~ ,\". ;~::;2';\{,.;.: ..... ., . '. ~""r", ...0 '. ' :~ .. ~'....: t~ (.': ~,;.~' : j. '" . v:.,.;, \,,:' , ,::~1~...' . ,". '. ',c " , !-/o' ,"0',' ;:',. . ~.. '. " I ,. .~ '. r,',~ : ~~{:~" " ~) T' ..' ~'.+. ;' . . '/" ., , " ".'::': .. J::T": :. >~:f '.' 'I . ,'. ~::~\.,;" "i,:_ . r~.c~:, :" tt:~~; ~ :': '"', ' , ,~ ~. , (T:' ,r. , ~. l. . , ,. . j.... c t:r,;,;~: ..', 1 t 1 ,~ I' ~tt;~i.':,' 51,1...... . i""" " 1: ~ ':- ':. ' ' '{~)ii,~ t~::..>. .- :~~:. : , '.T. .; ~_' . ri:~r";' ~.}; \~': . . , , , " . ~ ." Commissioner Deegan disagreed. He felt the Commission may wish to comment on many projects that may fall within the law. He suggested providing staff with direction. Commissioner Thomas moved to direct staff to change the acreage on Item #28 from 25 acres to the current limit of one acre for commercial properties and eight units for residential. The motion was duly seconded. Mr. Shuford indicated his understanding of the intent of the motion is to allow discussion by the other boards as to what might be a more appropriate figure, if there is one. Commissioner Berfield stated this direction referred to site plans only. Commissioner Deegan agreed. Upon the vote being taken, the motion carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 ~ Other Pending Matters 0) Request for funding - Community Pride Child Care Center of Clearwater, Inc. The City Manager reported Community Pride Child Care Center of Clearwater, Inc. (CPCCC) requested the City assist them in paying their transportation impact fees. By law, the City. cannot waive the fees. In the past, the City has tried to locate alte'rnate funding sources on c~ntain occasions. Staff reviewed the request and found CPCCC's request does not fit into the City's established criteria for the special fund which generally pays for housing. The School Board is unable to assist CPCCC. The County has agreed to waive the County portion of the fee. The Mayor questioned the reference to a $5,000 challenge grant. City Manager Elizabeth Deptula said the challenge grant is for equipment. The Mayor questioned if the .' County can waive the fee. Ms. Deptu!a said the City is not comfortable with the conclusion that the waiver is legal. The County's Ordinance does not allow waivers. She said staff does not recommend using the housing fund for this request. The Mayor expressed concerns about other nonprofits requesting similar aid. Ms. Deptula noted the City has supported the Center in a number of ways. Commissioner Deegan spoke against setting a precedent. Mayor Garvey suggested loaning CPCCC the money with the understanding they will pay it back or forfeit their certificate a!. occupancy. Commissioner Thomas agreed with Commissioner Deegan that the Commission has worked diligently to help CPCCC by directing $14,404 in CDBG funds to them in FY 1993/94 and $31,634 in FT 1994/95. He suggested there is a limit to what can be done with taxpayers' money. He recommended against loaning money to an organization without money or. the ability to pay it back. , Martha Skelton, CPCCC Executive Director, said her organization represents the youngest members of the community. The children. which rango in age from two months ,to five years come from homeless shelters, abuse situations, and low income families. , . I minCC11 a.94 11/03/94 22 .' ~'r.:w+'.-...-_.' ',' '. .. ''"-". .__...-..".".....~Ukbis.lJ"...'.<'i:.<jj~j.~::.:~i;,4,:i.;..','.I,;:,.i;,';..: ,'.i~:'..' ~,,..:;,~~j:;'~;;;:..:~~~.;.;..;,1~>~;;i~{i)1.~~,..;.j;~~1:2:<~.~ g~;,b~;,,;,,\ ;,:,,; ;;;: ,':"', ,',,, ..,.. ", " .. . . ... . ,-", .~.,.,' "-""'. . . . .. '. ......l~;:'~. "'l' :. ,> a ,,' ~. . ~ " ..~, ' . " .\.:. . ~ \>-., . '\~\. '" , " "0 : .' . ;>'1,' i, ~ ~ +,' ~i ", I. .'.' . 'I. " . ~'.: . ~ ~ '. ' ~;. .. I '~i . (',.. . ... , ' ". ~ I. ;') , . ,.l. ~.~ c' . ~: ' ".;. . ..:~: ... t;.,~:.: :/"./ :- , .' . l. '.' (,!:" . ;II" . 'r~' . ~. .'. L. 't ..~' " ';: ~ ~ .' ._~ ' '....!<.... CPCCC has been raising money far seven years to add on to their Holt Avenue Center for infants and toddlers. She indicated expenses have been escalating. CPCCC has paid about $7,000 to date for impact fees and has run out of money. She noted CPCCC cannot obtain their certificate of occupancy until the traffic impact fees are paid. Once the center is open, the three year old children can return from Ervin's All American Youth Club on Monday. She indicated the school system cannot help because they own the land where the center is located and do not and cannot pay impact fees. The County Administrator indicated the County would waive the County's portion of the fee. The Mayor noted the legal opinion was that the City cannot waive the fee. Commissioner Thomas reiterated the Mayaris suggestion that the City loan the money to CPCCC to cover the impact fees and questioned how CPCCC could pay back the loan. Ms. Skelton suggested CPCCC could pay the impact fees and the City could donate an equal sum back to the center. The Mayor noted the program is worthwhile but noted many worthwhile programs operate in the City. Commissioner Thomas expressed concerns regarding setting a precedent. He noted the City had worked hard to provide CPCCC with a substantial increase in CDBG funds. Commissioner Deegan noted while CPCCC's budget estimated the permits cost at $6,000, the actual total was $20,343. He questioned who advised the center on the cost of permits. Ms. Skelton said she did not recall but said the permits' cost is based on the size of the addition, not the amount of additional children. She indicated the center is only adding space for 32 children but the newly constructed space holds 72 children. Commissioner Deegan said he was trying to find aut if someone mislead the center. Mr. Shuford said the code sets a standard fee for a day care center at $3,204 per 1,000 square feet. The category is rated high because of the significant trip rate day care centers generate. He noted there are relatively limited exemptions and credits that can be applied to impact fees. Commissioner Thomas questioned if the City lent CPCCC the money, could a category be predesignated so the funds could be paid back out of FY 1995/96 CDBG funds. The Deputy City Manager did not beHeve that was possible. Commissioner Berfield referred to the $20,000 budgeted for play equipment and noted only $5.000 was spent. Ms. Skelton indicated the center did not have the additional $15,000.. The center had raised a $5,000 match to qualify for a $10,000 grant for the equipment. Commissioner Barfield questioned if some of that funding could be used to pay the impact fees. Ms. Skelton indicated those funds have been designated for infant-toddler equipment. She indicated she has been trying to raise money to cover the impa'ct fees since April 1994. Commissioner Berfield questioned if CPCCC had approached the Education Foundation. Ms. Skelton said they had not. Commissioner Berfield recommended they contact that foundation. Commissioner Thomas questioned if-the loan could be paid back next year from designated CDBG funds. Deputy City Manager Kathy Rice did not think that was possible. She said the only fund not restricted is the Social Service Fund which is funded by the Commission. minCC11 a.94 11/03/94 23 , . .... .' .~~t1'~ ...... -....rT._-_,n~~.,.t.1 ;....'~101...'..';. .' '. ".' .;....,..!..,.:...,:...~ ""~.... ..,... ..... ...t,',~""."~.',..':.r ':"._ '.>' ..'~''''''' .' ~~'-~\(ili~"~:;:.u . . ' . c > . 6h~""j....,.~."-.........~~,, "':t...v-.',.rf~w.1i~.r;.u",.... '....,-cJ",.. .I\-I-~i :.'''., ,. ':i;.N'J 1'..... >f. ~:;.tJ,~"~"'~~'~~~~""'~~'':-,("..;(!...lttt'l'''''''''''J,...4. '" ....I.ld~r.u.;t 6\,;; ;';,::>: /': >, ",~,~, ':., ','; ~::, ~','; '..:.,," , . " " .. ..,.., .. .' - ,,,", ,,', .-, "'.~, -',~ .,'",,);,,, . '- "..' ,.~, ~ "'!:,. . o " , " , . .' ' '"-:.. f .,' ". .~, , ". . " " ~;,.A ''411 f .-, ,', :...:.,'" , '" ", ;"~..7 .' 'T / " ~,~::; , '\' ,: . ' fJ~;:,"" , i~. . . l:~', T: " ~ ~ . .' .,:, . " i.o", .~ 'j';' :: >: :r;:"", " , ~~'.~~;,,~ :. >/;.',' ::.:, :c: .: ~ . t~'~~.'~"" '".' ~:.<L', ~ ' ~\'.\, , --;'.'<' . ~: ~;:.' '. ' :'...' ," , ~' , . ~,~.: ".T " ~. t' Commissioner Deegan questioned how certain Ms. Skelton was that CPCCC could pay back the City's loan within 12 months. Ms. Skelton indicated CPCCC would pay back the City's portion of the traffic impact fees if that is the only way they can secure the funds. Ms. Deptula said staff will work up a loan agreement with CPCCC. Commissioner Thomas moved to approve an interest free, 12-month loan from the City to Community Pride Child Care Center of Clearwater to pay the City's portion of the transportation impact fees. The motion was duty seconded and carried unanimously. The Commission recessed from 10:01 to 10:14 p.m. b) Harborvlew Center Restaurants RFP Ms. Rice distributed Requests for Proposals (RFPs) for the Harborview Center Restaurants on the first and third floors. The proposed opening for the competitive proposals is December 2, 1994. Staff will recommend an award to the City Commission on January 5, 1995. The Mayor thought the restaurants would not be chosen until a management firm has been selected for the Center. Ms. Rice indicated staff will be interviewing management firms on November 7, 1994, and plan to bring the City Commission a contract on November 17, 1994. Mayor Garvey recommended the contract be brought forward on November 28, 1994. Ms. Rice indicated there would be time to get the management team on board before reviewing the RFP responses for the restaurants. Commissioner Deegan questioned if a date was scheduled for a preliminary discussion meeting with those interested in responding to the RFPs. Ms Rice said it was not done this time as each proposer was advised to become familiar with the project and given the names of Mr. Baker for a walk through. the architect's name, and Convention and Visitors' Bureau for information on area visitors. Commissioner Deegan noted the RFP on the downstairs restaurant refers to 1,500 square feet of outside dining which does not show on the diagram. Ms. Rice said she would be certain a diagram describing the outdoor area will be included. Commissioner Thomas expressed concerns that the elevator area should not be included in Stein Mart's lease. Mr. Baker said that is a receiving area. Commissioner Thomas stated that should be a common receiving area for the entire building. Mr. Baker indicated the loading dock has been divided into two spaces. Commissioner Thomas said the City did not lease that space. Mr. Baker said the freight elevator will serve all three floors. Ms. Deptula pointed out the freight elevator has a dual entrance. Mr. Baker s3id the City was able to provide Stein Mart complete separation from the house services. The Mayor felt the turn around time seems awfully quick. Ms. Rice said it was a month. Ms. Rice questioned if Commissioner Deegan was comfortable with the technical and financial evaluation criteria in the RFPs. Commissioner Deegan indicated he was. Commissioner Fitzgerald noted the first statement indicates the City is soliciting sealed competitive proposals for a waterview restaurant and questioned if the word "lease" should be included. Ms. Rice said staff will make that clearer. minCC 11 a.94 24 11/03/94 ~...........~~~.,.~....., ;.'",', ',vr ... f', ~ .~' ........' I' 1': J- . ":1"~ ,.. ,.' .' '~~ . ll"'" ..' .c' ...~. :-.4 !<l. .:":'),~. ':"J" . ;::.~~r~:.u....:.~'i...~ ~..i-lIIr.-"\:~~\."'~j. A ]~~.:".~i.""".; .......~'+J1: . ,,"... ~ t~.t".:I"~ ~', j~~.:;~~~''t.-tA..i~'!...< ~,,;,,~,..~,t:/i~'i.o-~) t, ;l1..J~tJl4~'" '_+'iJ~-t..... .. .~~\~~~-' ,-- .'. ;g,;':';,~k.'>::' .'.< .. ,< ~ Commissioner Deegan noted plans were for a classy third floor restaurant that includes a dance floor. The Mayor remembered the restaurant would be upscale. Mr. Baker said staff believes some responders will want a dancing area. Commissioner Deegan stated if the Commission wants a dance floor, the bidders should know that. Commissioner Thomas thought the restaurant would be for fine dining did not think it mattered if a dance floor was included. The Mayor agreed. Commissioner Deegan referred to the diagram and suggested a dance floor in the third floor restaurant would attract wedding receptions. Ms. Rice suggested if the criteria is to have the ability to provide for private parties and receptions with a dance floor, those provisions should be given extra points in the evaluation criteria. Mr. Baker suggested a note in the package that indicates prospective restauranteurs are not to be restricted by the plan. Commissioner Deegan suggested the expectation is that what comes out of the RFP would allow an option for a dance floor. Commissioner Thomas noted the flexibility of the catering kitchen will permit the lease of any of the upstairs rooms. The restaurant will be a separate business. Commissioner Deegan noted the conference rooms will be carpeted. Commissioner Thomas indicated dance floors are portable. Ms. Deptula reiterated Ms. Ricets recommendation to provide extra points for additional amenities. Commissioner Deegan preferred Mr. Baker's approach advising proposers not to be constrained. i"' ' . Commissioner Thomas questioned the stairway located by the second window from the top. Mr. Baker said that is an existing stairway. Commissioner Thomas expressed concerns that the stairway would lead from the restaurant to SteinMart. Ms. Deptula said the stairway leads to the deck of the parking lot. : . [ >'~ ~ < ~ ' " " ~ '. . . " I ,.., " ,< Ms. Rice said the RFP is not currently written for the Commission to review all the bidders. Staff will make recommendations to the Commission. Commissioner Thomas questioned the criteria for the top five. Ms. Rice said that was listed on page 6. Commissioner Thomas questioned how the points would be allocated. Ms. Rice said each item would be given equal weight. Commissioner Thomas indicated he would like to review staff's ratings in private. ". Of ;'. Commissioner Fitzgerald said his same comments regarding the word "lease" apply to the RFP for the restaurant on the third floor. ~. " C ".,. ' .J .' '. ~ . Commissioner Deegan requested the top three bids for the third floor be brought to the Commission because of that floor's flexibility. Commissioner Thomas felt a minimum of three and a maximum of five proposals should come to the Commission. Ms. Rice questioned if the Commission wanted multiple proposals for both restaurants. Commissioner Thomas indicated he did. Mayor Garvey expressed concerns regarding the Commission establishing criteria. Ms. Rice said staff would first rank them before the Commission made their choice. "'." ........ . ;. . I;' .~C.." :"'u' (:'" ">:: ,,' .,' ,c< ..' . j>.... " , L. ,.; ; " : .'. '. ", , . . Commissioner Deegan said staff should not negotiate with these individuals until they select those to whom they want to talk. Commissioner Thomas recommended playing one against the other. Ms. Deptula said staff will bring the top three or four proposals so minCC11 a.94 25 11/03/94 ~~~~~&~~---'- .-- I. >. ... ; ~ .. ~ . . :~i'8lii' ...... .. .... .... . .. ~ --..---.:L.4-J;.....1. ........<t'"-...:1''t)..p~~~1 ';.:.w~~:A.:.;~;At ~"'~ 0-: ;"';t.. i<:,.~.;70.;,......tt.,.:...<~v..;.;"..~;:..j4 r,. :'~ ~'~;~",:':'I !I";~ ':1~~..:.~..:.:.;.\..;.~.'I'P\'~;~.li~:~~.:J~~..~.:.. f..;.~..~i.,l1-,..,~~Ji{"I......,.nJ,~).r;,.\J~ ..'> .....'" ~..~ o , . 0<;, . .;, , ~~:.; '-. ;.~:..~. .' ..':" . ':>.:'.::\' .' ~. ~ . ~ " . .... "'0 ~. ~. ~" ~" " K:,: ...... '. ~.~~' .' 1;;.~ ~ -T <.." ~./.... ;.:.;~....:.I T' ~ ~ :'. . '~4' .':. . .;-: .~, . ~\/;:'. :; :'~~"'.~: <.: . . .,\ .. ~ if\o'i')'.:' . :~o'," :~.' !;(:.::::, ': ,: ':' ' .~rt~ _: .1' . to!........ . ~~~~;." . : ' .. ..' ".:-., .; ...... - ~:: :'< . ....- . >:,,:', .: .~; ,X; ,'~~.~.. .. 1l ~:'~', .' f;~t~'>:." ' , rmj:y< .. ~:,~':"~., '. . . \!'.>,.>:, > :~]: ;". ,. ...... <":"+ :.~ \... " . '" 'r. the Commission can confirm staff's ranking and direct staff to negotiate with the number one ranked firm. Commissioner Berfield questioned when staff would bring back their recommendations. Ms. Deptula indicated on January 5, 1995. Commissioner Deegan requested staff bring back the top three proposals for each floor. He suggested if a management firm is hired prior to the recommendation, a representative should be involved on a committee reviewing the bids. Ms. Rice said staff anticipated having that person. Commissioner Berfield questioned the date of the award. Ms. Rice said she would change the time frame based on tonight's direction. Commissioner Berfield questioned if the top proposals could be brought to the Commission on January 3, 1995, with action on January 5, 1995. Ms. Rice said that would not be a problem. Commissioner Thomas moved to approve the RFPs to be returned with the top three bidders on January 3, 1995 with the modification that bidders for the third floor restaurant not be restricted by the diagram and the new management firm be involved with the evaluation. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITI=M #::10 - Rp.~nllltjnn!:: a) Res. #94-94 - Demolition lien - 1630 N. Washington Avenue (Pugh/Joseph) The City Attorney presented Resolution #94-94 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-94 and authorize the appropriate officials to execute sarna. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. b) Res.. #94-95 - Demolition lien - 501 Pennsylvania Avenue (Key Estate) The City Attorney presented Resolution #94-95 and read it by title only. , Commissioner Thomas moved to pass and adopt Resolution #94-95 and authorize the , appropriate officials to execute same. The motion was duly seconded and upon roll call, the ,vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. c) Res. #94-96 - Demolition lien - 1406 Pennsylvania Avenue (Wigfall Estate) minCC118.94 26 11/03/94 --.Jl;I&:<II.lo.l;lk' ".:..,,:,~.;,,",v ,,','~i"J ' ; kd:, ,'i::;;;J""";';':JL"';;,- "',,"'0' " ,,;',' .;,!,.~,. ,,-,' : :;.': ,~, ,;,-j,."",:,, ~~...":..;t>"""':A'" ;"_"".nhJl .....,---~_":"'O'~;.......;:l.:'"'"'~~............'HA.t~ .........,...,.."..~.L_.4iIoIof;~~.~}...l~t~i.".""...""".P,.'T..........-..-'iO':.W'~ ~ . . .,'::. " J ~ : ~~i~;I;~;}:,,'n:':(';';'\\::>:::;,;;, ... ..' : . . '.. . : .'... .: . 4 . . ' . '. ~ 0 . : +.' . . . + ' ....+. , . .1":"T....V '0 ~.> t'<". , " , .' ~ .. . l~ ::. l'~."" ;~.'. '. ' .... . < ,. ~ f::::::',', ~ . , ~ . ~ '"~. ' ",',','0 ':. . :. :~;::' . '~ ~'~f.: '.' ..,' . ~;;; I ~ .... . ~ , . , . . ".~ L: I . ~~~,~>. ~. , ; ::~ 1 :'+ ". . . ~~~~i.;:; , .- ~(:;:.~.:., '. - . i ': '..' j ,> ,',': ' . . ]II>' ' ".~.\(. ,c', ; \ . ,~ . ~ ...j.~c.! ~/:: : ~ '.\ ~ ~ ' ~..\..; . . ';1- T '~L , ~i(~..:::"': ' ;~t':~, ;;~, 0 ';~:/,::;::~", tH:,>' ... ~1". . Ji.... l' . I~;.!~:~>,'~ . ~{F<, yi ':~L . .;:-e ,: I .1.:., . ,", . , :"... The City Attorney presented Resolution #94-96 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-96 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. d) Res. #94-97 - Demolition lien ~ 1 146 Engman Street (Patrick Estate) The City Attorney presented Resolution #94-97 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-97 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. e) Res. #94-98 ~ Demolition lien ~ 1604 N. Ft. Harrison Avenue (1604 N. Ft. Harrison, Inc.) The City Attorney presented Re~olution #94-98 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-98 and authorize the 'appropriate officials to execute same. The motion was duly seconded and upon roll call, the 'vote was: nAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. ttNayslt: None. f) Res. #94.99 - Demolition lien ~ 1404 Pennsylvania Avenue (Bailey Estate) " The City Attorney presented Resolution #94-99 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #94~99 and authorize the , approp~iate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Commissioner Deegan indicated the City has approximately $ 1 00,000 tied up in liens resulting from the demolition of unsafe structures and questioned if the City ever collects any of this money. The City Attorney stated the City has not had an aggressive collection program and that is something that needs to take place. She said she will be presenting a , program to address this. Commissioner Thomas questioned if the City Attorney planned to address this issue with outside counsel. The City Attorney said she is holding that option 'minCC11a.94 27 11/03/94 J.1Jo1"-<<.~twU~~.::.&~~iUJfj~~ti~r~,~,t{~i2~M:'.~!.~:~ :~;'.'.''t:~~ :~:.....~.\tf"~"~~0~;,,\.~~~~;'~u~~;~\"~~~~~ '. .l4:~"'~r<-~.......!~"...,,~~t.p:.'1lt..!~-~..~IE'''-- .... . . ~~'>4~"-"-', - ""'0' 1ZB~~h~.'C:~;':';! /},; ',:.:',,:;, . :. . . .. . , ~ , . c \' a ;. , ", j, " []": \' .:. " .. ~ ~ '.;:: '. ,":.. "'.I,. tf "f.' .;':".t ..~>:: ",', .,'lIi' . ' ~" W~;, :'. ~'( .'C:~: J. ~ I",: .; :. .. . ' '"c;;'~ . .~. I ,,<co' :.: " ~'c L ~. .' .,':' . " ., '~.: ~ ~ :, . ,t.: . . :.~,' : .:., "" .;',"."" . ~:';.": ' .;.~. '. . . '~::i::,:,. . ~:I ~..: .. . L ~.:./> l 'L I' ;'::' " ..t'.... ".,: !~: .:' . .[.". ~)I). ~ I ~. , ~.~; C.',. +;.' . "' 'en -".!.~: '.. " ' .~ ~~ . '.", - ~ . . . " \': open. She indicated the process can be done on a contingency basis using outside counsel but noted that would probably not represent the best deal for the City. She stated this process can be accomplished in-house. She noted a number of liens have not been acted upon. Commissioner Thomas requested the City Attorney include in her plan a program to foreclose on property to be dedicated to new construction for the City's in-fin program. The City Attorney agreed to discuss that along with issues raised on certain liens. Commissioner recommended having Clearwater Neighborhood Housing Service (CNHS) review the properties to identify which can be used for their program. The City Attorney indicated Tampa had a similar program that circulated information among non-profit agencies regarding foreclosed properties. ITEM #31 - Other City Attorney Items The City Attorney reported the judge did not rule at the Gas Bond Validation Hearing held Tuesday. November 1, 1994. He gave People's Gas until November 8, 1994, to file a memorandum. He will rule: subsequent to that time. She will advise the Commission as soon as the ruling is issued. The City Attorney distributed proposed settlement agreements with Pick Kwik and Circle K (Exhibit 3). She indicated the conditions that will apply to Pick Kwik are listed on page two. The additional condition requested by the Commission for Pick Kwik to provide two employees at the site and two rotating security guards was countered with a proposal for two employees at the site and one rotating security guard or one employee at the site and one rotating security guard based on their need and Florida law. The hours with this coverage will be extended from 8:00 p.m. until 5:00 a.m. She indicated the agreements will resolye aU litigation with Pick Kwik and Circle K. Commissioner Thomas moved approval of the agreements. The motion was duly seconded. Commissioner Deegan referred to page 2, paragraph 1 under the terms, subparagraph 2 and noted the Hearing Officer's requirement for a condition that the applicant should obtain the requisite alcoholic beverage separation distance variance from the City. The agreement stipulates by agreeing to this, the Commission automatically is giving them the alcoholic beverage separation distance variance. Upon the vote being taken, Commissioners Fitzgerald and Thomas and Mayor Gatvey voted "Aye;" Commissioners Berfield and Deegan voted "No." Motion carried. ITEM. #32 - City Manager Verbal Reports Ms. Deptula said the City has received a request from the Salvation Army. She reported the Salvation Army used the first floor of the Maas Brothers building in the past to prepare for the holidays. They requested use of Utility Building for holiday operations starting November 4, 1994. She indicated the Salvation Army will provide insurance. If the Commission concurs, Ms. Deptula said she and Ms. Akin will develop a letter of agreement. mlnCC 11 a.94 11/03/94 28 ~~'J.u:.~~-"-"-~~~'",:",\;'"".'h;::.(;;,~',;,,:,~,,;>;..~," i"",,""i:t.:M,:a~'xr;.-;;;;; /,i:,.. 'J:;.~;') i "':';"J:;~~":h~i~~~\{.)~~.:;H~~~,.I~:~;W ~~.... ....~ ;,' . I .~f,\""'~\"''l--.;:J>'IoI..4 AI, "II! "'\l.ll,;'''''~'\oo."i.r''"''J-f~t,.:[ll;'-K~~.,l'~.. ~'. : jt~~;fi:,:;\:..G\~:;~,~;\:,c/:' .. ....,. ... ,. . '.. . . <-",.7 ~ Q .;', , , ;.' . ,", " , ' ,~ '. "0 :~~. \ ' , ' '!'", (. <,' p, . ~:!:; :' ,. ,~ c .', c . u .: .""" '.- :<', ; .c ~ ',' - ~f~':::< r~.c t' ,. T~i ~~ .,:'~ . r~<"~'.:< +.~ \ ~. .,', . ,. (;~ :>,' , : ,: 0' " , . '" L :'.~:-:,: < ' .\.t... " , i~ " ' ~,.:~ :~~: <" .:':;~ ,l: :. ,c:~: '. ,", ' '~~;.:~.::: . .~. ".' . , " ~}'/:,. i\"'. t ~ l ~; .' .. ..:. /~> - . , ~ 7 L ; ~ ,: rW c.' c , " c ~ . '. ~. .. ' " , Commissioner Fitzgerald questioned what the building will be used for. Ms. Deptula said the Salvation Army needs the space for storage and to take applications from those seeking assistance during the Holidays. Commissioner Thomas referred to conversations with the Chamber of Commerce regarding a potential swap involving that building and expressed concerns that the City retain access to the building. The City Attorney stated the letter of agreement will stipulate the agreement is non-exclusive. Ms. Deptula wanted the Salvation Army to be aware that the space is not optimum. Commissioner Thomas recommended the agreement spell out that issue and that the City is not libel. Commissioner Thomas moved to approve a non-exclusive agreement with the Salvation Army to use the City's Utilities building for Holiday preparations with the condition that the Salvation Army will provide proper insurance coverage. The motion was duly seconded and carried unanimously. t ,I Ms. Deptula referred to the Town Meeting at the beach on November 2, 1994 and noted many issues were raised and a mechanism needs to be provided to put some of the issues into effect. Staff needs to analyze some of the others. She distributed a package of information. Ms. Deptula recommended discussing one of the five topics at each of the next five daytime meetings. This schedule would be completed by February 13, 1994. She questioned if the Commission's response should be presented at the regularly scheduled Town Meeting in March or if a special meeting should be scheduled. The Mayor questioned if would make sense to address this during a regular Town Meeting. Commissioner Thomas noted many people wanted an immediate follow~up in December. He suggested a special meeting be scheduled for January. The Mayor suggested the Commission first decide how to address the topics. 'Commissioner Fitzgerald said he reviewed his notes and indicated some items can be moved on tonight without m~ch discussion: 1) management coordinate with the Police Department to determine if training on handling people is adequate and appropriate; 2) a letter be sent to the highway department to request highway signs noting Clearwater be posted on major roadways; 3) the Chamber of Commerce and beach business people put together the tourist survey instrument to be printed by the City and distributed by both the beach businesses and the City; and 4) posting international symbol signs on the beach and in tourist areas. Commissioner Thomas recommended the survey be mailed back to the City Manager. He noted tourism is a joint issue between the beach businesses and the City. The Mayor said she had no problem with Commissioner Fitzgerald's recommendations. Commissioner Thomas recommended a discount be offered for parking tickets paid within 24 hours. The City Attorney Indicated she had not had the opportunity to look up the State law on that issue, but will review it. Commissioner Thomas questioned if there is an international sign for a large vehicle. Commissioner Fitzgerald indicated there was one. He questioned if the Commission agreed minCC11a.94 29 11/03/94 ~~~~,., ~('J .~~; ~ c;". .'. . " ' :' .'- . .'~... ' , " '. ~ ?,~!,;:,(:~~:~.Y,:i,<(;~. .,'.. . .', .:, ,,:,,": '.--~~""I""......u~'.II-.""""<' '.,. i " .'," ...... .:: ,.1, .... . ", " .-. .'\..:,.-;:..\......" '~;:....J......:.,;.~otI";"~ -. .) .fj"-.....,!...:.........,..~~~')':.t.~Clt~~4~'.:,4 M...I>H(t'~.....+~4'io~.,~'.. .}~.t;-;:~.;' ;rf~ :~~':t.,fot:...:,;,[.~..."'!.>M\J"Y.-:...~..,..... ,~... ... . " < " , " . .', ' '" . ' .. ,> > ',' ~ :' , . ' ~.....,...... ~.,. ' . (') ",' ~L,. _: " ' ~....: . ~~\- ....... . '. ' :"A ~.ccV !.~.. ;. y" 1(:'..'., . t'. :i:"', " ;/;':~ , .' ~; ,: '. c ~.~. ". I.; ".,' ,~- . >, ,(~.: '. ,'l ", . ~ .. "".', ;~~/'~.' ~. \),'; , , , ' x"c', ,- .t-:'I . r":~:' , .,':,... .' ~<,,". ' " , (:'~, : i'; ~,~ . ~:;~~:~";T i!::;i: ':-. ' ~,( ~ c '. .. T I~" . :".: J ~' . ~;;:,':~:: " r.:'. ,.. -( " , " . .y-. :'. . ::.'.: c '"!'. .t:' .:~~. ~ I; .:~ < . ~f..:.'" ~.~.~,'~ . with his recommendations. Commissioner Thomas indicated his agreement. He expressed concern with the meter enforcers writing a parking ticket for someone standing next to their car. Mayor Garvey noted directions regarding this matter were given to Ms. Deptula at the Beach Town Meeting. The Mayor questioned what Mr. Gionis was trying to do. Commissioner Thomas stated he had requested information on why he cannot rent his property. Mr. Shuford stated if Mr. Gionis has any more restaurant activity in his center, he will be classified as a restaurant as opposed to a retail complex which will trigger additional parking requirements. He managed to expand his restaurant through a loop hole to avoid some of the City's punitive parking requirements. Commissioner Thomas indicated he wanted some dialogue with the beach people on these topics. The Mayor indicated staff needed to provide input and recommended the topics be addressed by a systematic process. Ms. Deptula noted each topic could take two hours of Commission discussion. She suggested her recommendation would be a methodical way to discuss each topic. Commissioner Thomas said he preferred Ms. Deptula's suggestion but expressed concerns the beach citizens will complain if the Commission does not get back to them by January. Ms. Deptula said if tourism is discussed at the November 29, 1994 meeting, some suggestions will be implemented immediately. Commissioner Thomas requested staff research the costs of outdoor advertising in Orlando. The Mayor suggested staff also find out what the Tourist Development Council . no C) and hotel/motel association are doing to avoid duplication of efforts. Commissioner Thomas said the beach merchants want something directed to Clearwater Beach. Commissioner Deegan suggested before the City rents billboard space, the Commission should consider that the City is fighting billboards in Clearwater and questioned if the City should be part of that visual pollution. Commissioner Thomas said billboards provide good advertising and many exist in Orlando. Mayor Garvey recommended sponsoring a tour of Clearwater Beach for Orlando's hotel concierges to familiarize them with this tourist destination. She suggested the City work with the Chamber regarding that approach. Commissioner Thomas said he still wanted to know what a half dozen billboards in Orlando would cost. Consensus was to go with Ms. Deptula's proposal to discuss one item at a time for the next five daytime Commission meetings and implement Commissioner Fitzgerald's recommendations. The Mayor 'questioned if a special beach meeting should be scheduled. Commissioner Deegan recommended delaying that decision. ITEM #33 - Commission Discussion Items - None. ITF:M 1J~4 - OthRr ~nmmh::~lnn A~tinn minCC11 a.94 30 11/03/94 ~~':f.f.;2i.l:~'d.;e'.'J."l\'~~"J>".;:H>~ -".,. '--.. ~~~~'"tn-:--, .~. ,,: . i~,;:;;;:;\;,::~;;., .' .:}:~ 1~'~iltt~..lh4~~f.)l~i~~;...ii'~,~::~/~~}'~~j'~~ ~;~.~:..~~.;i~~~l~;'l~, }i'~~':;~$;~~~ ~'~~~r~l:~~'i";;t~S~~:i,,~li::L~4~'~~~'I"J..;~'l)ij , , , . _1I....~":'......'t,. . o I " " :\". , . '- ~: T '~' . f~ ., ;.<':' :~. ~ .:. , "0 .... .. ,.~' . 'J.~ :f:',~ .; " .;0<: " ;;. ~!.. . .:}'" '.' \" ,~':,:' ~':'"., ~ J ~ '..' . , , ~ ~ ,"'" ". .. ' ~ f'. ," . " , ~F:~<:" .;' ;:; 1 :-:. '. f:,.:<'\.,' ':J~::;; , . -,~', . ~~.f ,:. .: ~,.' ,. . ;,'" ' ;1.... '. .' r~;:.;'.' ' ~f';;:,": ;P,;~:~" I .. ~ , " .' ~ '. J CC , He'... ......, " :::'\~', . ~~;.,:;. \~?... t.' C ":,.j' ;~~~:~~::, ',' : '. ~: ,,' " ;'<,' , ; Commissioner Berfield distributed a memorandum listing her recommended appointees, Les Smout and Buzz David, to the High Speed Rail Task Force. Commissioner Thomas requested the Task Force be appointed as previously agreed by the Commission. He referred to Roger Sweeney's appointment and expressed concerns he may not champion Clearwater's bid for the High Speed Rail. He felt a critical litmus test for all appointees should be their dedication to bringing the train to Clearwater t not Pinellas County. Mayor Garvey responded that her recommendation of Mr. Sweeney was due to his valuable technical background. Commissioner Thomas agreed he has technical expertise but questioned if his appointment to Clearwater's Task Force might conflict with his job with Pinellas Suncoast Transportation Authority (PST A). Commissioner Thomas requested an update on the Ice House. Mr. Shuford said construction materials are on site and the rehabilitation is proceeding slowly. The walls are being shored and it appears a roof is being constructed. Ms. Rice reported a hearing has been scheduled for November 18t 1994. At the previous hearing, the judge required the owners to respond with dates and a game plan. They have not been submitted. Cnmmi~~innAr f)AAo~n referred to a memorandum from Ms. Rice in tonight's mail indicating two meetings regarding the High Speed Rail are scheduled. She and Commissioner Deegan met with Tampa County Commissioner Ed Turanchik, a member of the Governor's High Speed Rail Commission. Commissioner Turanchik chairs the subcommittee to secure mass transit from downtown Tampa to Westshore. That meeting is scheduled for November 8, 1994. The full commuter rail committee will meet on November 21, 1994. He suggested anyone interested in this project, especially members of Clearwater's Task Force, should attend the meetings. Mr. Turanchik indicated no one had suggested the High Speed Rail travel anywhere in Pinellas County but Gateway until Commissioner Deegan and Ms. Rice spoke with him. He noted it will be an uphill battle to attract the train to Clearwater and encouraged attendance at High Speed Rail Meetings. He . indicated the deadline for completing the RFP is December 31, 1994. Commissioner Deegan questioned the status of the Task Force. Ms. Deptula suggested once the Commission appoints the nine names brought forward, staff can send the members a letter notifying them of their appointment, recommending they attend the November 21, 1994 meeting, and calling a first official meeting of the board. Commissioner Deegan moved to appoint Roger Sweeney, Alan Bomstein, Pete Woodham, Tim Johnson, Chuck PoUick, Curt Kiser, Dan Brockway I Les Smout and Buzz David to the High Speed Rail Task Force. The motion was duly seconded. The Mayor indicated she is in contact with a possible additional appointee. Upon the vote being taken, the motion carried unanimously. Commissioner Deegan referred to a September 21, 1994 memorandum he had sent to the City Manager regarding the Planning & Zoning Board minutes referencing questions regarding ex-parte communication. Mr. Shuford indicated a memorandum was sent to the minCC11a.94 31 11/03/94 _iiiifiif~l'.."'"~::''''''~'~L''''''--''' ' W. "':>-#'.It.<~....~~ .' " " (,~ ,l~." ,.'",,' ~{~~(~.~.,!~i.~;~.:i:/~. :~~,::,~,,:> : ~:' , 't~': r "~':".' I ~'.~ ~<:; .'. t ~~tiA.U4b~\..~..l~.....;........j:~jj~~....,..t",J.o~-~............ ......... .~....c.__~ .., "~R,.f"'."1~ 1;;1..' K. ,...:.': ':"'>'.:,:fi'.~'~~"';"~ t;;';,"'--'1~t',\':.lJ,.:kaL.,..ti::';:~<'.f;.j:.,.( :~i~i.'.I.'~ ," .'~. .!.t'..:. ::\;J;~ \. , t,:::' [o':.:} 1 ., .... 1.', 'c' : ~' Yf;' r ~ ".. " ; ~ ;:; ~ t~; . : ~~ : ~ ~ , , ,c. : "t:, l'~{':. T . .."\ . ~~~.". "...l;.'.;.t.~~~..:f.~~'i'.,~.;.:r<!\'~ .:":' \: ~p..~l{:..,."...." ,',.,., JJ:~W\I\:l,':. ~,I.', ," ~..c . " " . ..",. :,.\,! ~~~ ~. '!lc>l" :J;':.> ~!: \'. ~.; ',~ .. :.f",.' "..1 , .: Commission including information prepared by the previous City Attorney. He said staff recognizes there are differences in legal opinions. The City Attorney said she will address the boards regarding quasi-judicial hearings, Sunshine Law requirements, and other questions boards frequently ask. She reported a hand book is planned. Commissioner . Deegan,' requested this project appear on the City Attorney's follow-up list. Cnmmh::!::inner rlAAgao questioned the meaning of a memorandum sent him by the Mayor. The Mayor explained it was in response to a comment that a commercial center was never considered for the former Maas Brothers property. ITEM H~f1 - ArtjournmFmt Tile meeting adjourned at 11 :26 p.m. ... ............. \- \,,,; \.. ~ .. . , ~ ~ ~ , ~ ~ ...' .. .. ~ ,1 ,; ,> . , ", .1 I 32 11/03/94 ,".".:,.,'.--.,., ,." r~-~'WMi~~~_~~it4I~~~ .,~{~r~\~,ht:,,~l~V~~~~~~~;,\{~:'~::)}~~i;0\,:;:~;'::~.~-~(~.d~\~:i~:\:,:'::.,~:::.:~'~:7'.:';: -.\~,:':.','';;':^',:.-:,'.; ,,' "",:'. ,:,,;;,:'::-." ,.,,::)~~'.:,: ,.'. ,.',' '.."~; " ~:~~':h\i.>; ~~ ""'~::~~.""'''~:c .... . ., .' , ,<t. . ~/tA: ~tJtl1l6- / ,lhO,f)I\J<' t/fhIJGU ~ll III .:J I "/ 1 .... .....~ '-I tfq>- d 7 ~..J (j) -Q . ~':"'IJ'1:', '.; ~ S;;/l'J 1- At /1". /Jt (~ ??l 'Ilf7- JI! 9 t tift,^ J as h YA tI "I .., r 'jh A/.-V C Ie SIt'I It QJ 1<I.d~ ;'t- <V ACAJ a citu."el, !~; c/e;;--o i:.f--'r-' /e'(j!fr lJave Ie 1/ @1r...u S J S;^C~...r it C (1.......e. /"r-J "2- [ir drrL fb yttj s Jrtck. ~ )w ;I, Ck. 4d ~ If ;:.re j,/~ ?-l uI~ - - -:--;tIU^C...J .,:",~ I I " . . , " .... .~:: .' ", . "0 . ... . . < , ,_. ,~.. I.. . .'". . . T'q. ' . 1&,,,( tA -rta Ab I t(;y (U-b cd , 717- ~%"ZO t..~ A\e-Sstyf: 0" ~c.,1t I A t, /tJov&1 ()/\ e /IW" -n. . Cf..O ~ Q-I j, 0 I~ tol!o ..... .iLL t c Its. ~ . ...fAt /e~j-;.J <"Of jkrv.s 1- ;\Js "-'J s;.Y-J- I'" boafr/.;/- , . 2. /G.- ~- s Iv ele. Q.f- .wJ\<.J~ 4' -edd s),p - ~eo/l~ Jump .. .... .lf~ 7J-f/o#t:) de) (..1<5 be.-tre /l0~ I . , ',l" " ~:. <. ". ....::,. ' . ....... .. ":::f:''',,' . i.,'.' .. forS"-q 'f. . ~'~;" . ~>.\f". . . ...J. ," ~. .:?::,,"..fr-qt/' .' . ~..~ ,,'- ", / ' . ;..:,: :'AA'__ ..llw~ " ".' " "'Tl~"':f;.' , 'CJI :.,: .' r . ;,....;",,~~~ '. .' ~ '. : T ':,";:'," " " t., ~ ' ' .~ ':.: ". ,~: ."" " .' I' ' ~' .:.'~. ':" '. ~',.'. ;t;c:" . ' . ;:.;';.Z . I >. "}. /~ , ~.:: ' f,\' ..~i" , .' - It;};:: . , '. " . ~;{~l. .',', ,'...' . '3(>" " };:;~;':..,"', .' ~~~?i . .. !3/lIb/l! ~a.-- -- ~~lir~tld.i'\r,.t1R!'.J.l\~K~"","~ ')"" J' ,,-- - " ..,..., - .'., , ". -,- H ,.' - . I' ....'. .." ' .. ... ,- AI ., ,'" " ~ . ,,'p,";;I"ift ~~..~~~~'r."~~ "_u<'- . '. ;.'I.~.~,..:_l. ""f... . . . --~""-~~~~1~~4~~~'rt~,,"~~~('~~0I~~4.:~'1.1....~/{.,'t:.f.,,:~:i:'U$,,~i~-&~:~~~/~~t;)~~t.:A~~~of.~+-Q~ ~}"".,~,:.,, .'..of. '.:~' . .:'....... ',' ,.,,}"... .,.;:":,': ", '" ',' 1W'" ';?'. ,ll.~~~.",ib.~\:"h .' ~1r~/'J~{':\;;;~'~';',:,:~~'.:'€ ':', r ~<'.'\'/t~~"~f~;<~' , ,~'., "";;: ~'..' '., . t ~\~~-?~~1,""\i:.-;'~"l"." '\rlo. I~ .'T ,.......,flO~i", t.~ " . ~',. . ~'i-';'~Jt;.r;;'~1i...;i:,,,'~~'i:"~~~!.~"',,,:<<';~':J<::\:,.-:~~,-tJ::i....~...:..".~' ,..';....,.... .::..:.},...... :, ~L'~ . .\ <," . ;..:,ttJJ~~-'!i'-::t~/~r:i'fr.;, .~~.~,,:!. ~.."..~..i/, .i.....~~.'.,4/ '. I.S,t ("; I"~- ....'. .,~~I".. I '1-,' I' ,'" ~ ~' ..,.~i;..J'"-~lI'.ti'~t......';::.I......~;..1 .'f.\",,~ t..f ~., 'I"~{ ~ ...(.... '.' L I. ,."... ".r'. .' , ',. ' .. ~,.. 1 he->. ().. ~. '-CCl~\i- ~ . . ,". ~. ... , ., _., , , ,c ~ . . + .... ' . . . .;.: ". . ". . ...' oJ.,..' . . . . ' "r' ,-' < ,~' , ~" '. ; , " ,', ~ 'V'l: '~' ': .'" ,,>1'to' :'~;Wj~'\Y)i:J~i~~~i~~~~4~~~;~~i~(~f-*~~?~'~M.;j~:i;~~:j'3:~ !~ . > ': ...: i . . '. I '.". . . ' , , '. . . :. . .." ..' I . ,.. 0" ,." . . " . . t ,,' .' "', . . I'"' --.-......... ... +. -.. -.- ----- -.--- - ....-..... ....--. ...-........ .. ......-. ..._.~ J~ , , '0- 00::: rn o wz -1- OI zO -2 2:) tx:5 ) ) " '--'" '" 8 !! . .l;'e '. I w a ...,.. .... ' :-i ,. ""! r'\. \, ". If" , , ~ ""\. .~ '\. ~ e~ _..... . 'f ~- :.\.?;. . +. (.." C .. ...:\\. ~ '-, "",." "- ~....., ~ .. , i.'; . ''" ~. . II;a, U 'V ~~'" .. . ",:.,",c...-~ '\... ~~~. . .. .......::-\. ""~ .. y ..... ~ y........ "''-... '<l~~ . l. ~." '> ;., ... ~ ..." -....l~ _,. ~ '" . .'~ ~ .;.... '. '\ ,~ ~ . c. -'- ,. . c--:;, ... \J'\ ~ "'to _' \.~" ~ 'II', "'" . c. o,J'\ ~ _'t.-a. . ;~.; :";!., ;;'(.:;; ~~!~ ~~ ~ flki :t.....1J ',';.'/\ iA: \;:?' t{.~:t' c1:........ ~;:, {! .~~. -...;...) ~~~/: ,t,<;, :~~t~.~:.:. rlit/. ., r' ' 'o'r' ~~1}7;:::,;~:?~~;:~.':',':' :'.., 06"r'.,t:,t", ";-:,<"" ~" ,,',', '1/: ,': '., '."',,', " ~. ,'.'. p ;,,' . -c~. -.... " , , . I , . . ' :'.\ .. ~ ... .I- .,-. ~'i1.~ ~~ ~ h, , ""I- exft/all c;z. '~. , '"!.....o --(31-'. -'lJ3/3L.. c:;,~" '(!Y , xe ~ !~ III ) ~ 1.1-:rt -r ic ;11 ,.r~ :h . i ~.. s 'l4-L ~~ (I) ~l!I~ !! 3'_ '~l 0: . ",::li 'i <X o.IJ/~ :I'! ~ U : 1- 0 ":. : ~I'(f) ~ 5J ~ :~' 'Jii'~ 0 -l~~ I f!n:. ~~ ~ ~: i~ n. .. I' ",r. ':~ ~~ - ! : '1 i Cli I I ,-! ':.: t '; ~I' i't./~:'" ".... '~~ , II , ,I rJi~'~.' . . ..: " l' ." t 10' ..~t:.~ \ f{!. .,~~~~~ , ' , .. 'r:r:;.t', l~ 1 .1 :~ . I] ,_ ~ I -~"lill, " ~! \. 'I' rl! sJ: ~: .' , " >- ~ . , . :: ~.t:. >- '2:'~'~ 2! ~ w'e ;, I . p.. , CI 'n.., ? I' . , , . " . ~.. . , . . ' "'J>O:", .;"'~.'~~ :.~.... . 6<hl~;+- 3 o RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement (the II Agreement II) is entered into this day of , 1994, by and between the City of Clearwater, Florida (the rtCity"), Nostimo, Inc. ("Nostimo"), and Pick Kwik Food Stores, Inc. ("Pick Kwik't). The City, Nostimo, and Pick Kwik, together, will be referred to as the "Parties" . ,', Whereas, Pick Kwik and Nostimo and Circle K operate convenience stores in Clearwater, Florida; ,the Pick Kwik convenience store being located at 580 Mandalay Avenue (the IIPick Kwik Storell), the Circle K convenience store being located at 571 Mandalay Avenue (the ItCircle K Store"). Whereas, Circle K leased the premises from David Shear; Previously, another convenience store operated on the Premises, and sold, beer and wine for off premises consumption. .,..; ~ Whereas, Pick Kwik and Nostimo applied to the City for a conditional use to sell beer and wine for off premises consumption at'the Pick Kwik Store. t. . '".j; V'Q 'c " " . ~;'.':', c I~~ " Whereas, Pick Kwik and Nostimo applied to the City for ,a separation variance to sell beer and wine for off premises consumption at the Pick'Kwik store. :~l~" '. . '. ' Whereas, the City denied Pick Kwik and Nostimo's application for a separation variance; Subsequently, Pick Kwik and Nostimo initiated " litigation against the City (the "Pick Kwik Litigationll) challenging the denial. Whereas, on August 16,,1994, Circle K received a conditional use (the IICircle K Conditional Use") from the City's Planning and Zoning Board to sell beer and wine for off premises, consumption at the. Circle K Store; said conditional use was the final City approval required for the sale of beer and wine for off premises cons Uffiption ' at the. Circle K store. i , . };><: '. ~~,T;- . " ~ . .' . ." .. . ~~:~<; ~~c ....> ; .: ~ ~. :," ' ()r~'~:.' ,d " ' . ,.', (:"?' . '>~': ~ ~ ."" .~l :'~ .~ .:... ".' ~ :.. \.:~~. ':'. '. J~ . ~ . ~ , , '. . N:,(:.::.' ~:~;'~':'::" ' ~:!:'i~'~:' ': '>'./:'.~ >. .!.~. ;~, . I S.~.::,,:,/,:, , . ~ '., ~ . I Whereas, on August 29, 1994, Pick Kwik and Nostirno, pursuant to section 36.065 of the Code of Ordinance of the City of Clearwater, . Florida (the II Code II ), ,appealed the' approval of the Circle K 'conditional use (the rtAppeal"); under section 36.065'(3) (d) of the Code, the grant of the. Circle K conditional use is stayed until the Appeal is resolved. Whereas, on September 2, 1994, Circle K sued the City seeking a declaratory judgement that section 36.065 (3) (d) is unconstitutional as'applied, and seeking a temporary injunction enjoining the City. from enforcing section 36 '.065 (3) (d) against the Circle K Store (the "Circle K Litigationll). , . W;'Oi,:".,, , " , ,0, . ~;,~'" . . ..... ~ :"...,;.: . i,:~~:~.;: ~J .., e '. ' ",..) , :<~!~..:. .~; rN';; ~t;~1\~F~"~~-.~---; "" "-~~,,;.c!,;'l;"":~A,,",-:...itj:"l-":l';:>;;',~- -r;;n~\'!'i'':'''J,,",,;.'!....,J;d".'''', . ',',,/'" ',-"','-.:':(,~..;W:':l~I.::t.!,:;/F'":";''':''.l'-'''":,~,;,-",,, -", "",;,";1 !"\: . ' .; 1. ~. " . . . " c --~ .~t!Jr~WDIIJ.H..~tt~~..11:."~~<;Io~,n".JMo."".t~",",~;..r4.~~l:.:J,.;,i:i...:lt,...r..~r"!.~~~-':-::':'''''''''''~i.iIW1....W~~\~.l~... ~~;>~. ~ ",~~J' ~~~i:'.-:,-',- .~.:~.t~'.. " ,.!____ ~'~:, t'.: >~~ P;' .~ .'. .", ".~'J..~; ..~ ;.;., ':. ,:. '. . ~ ' : ".' '. . .' '. + :..-:~~'" T . . . . ''\ <' /'... . ,." .' ~: / :.~ '.' ~~.~. '.' . f: ~ ~.. . t~': ~: ~ i~{i,;;;A\,,'-;;;;'"~;"{ ,:;' " . . . '" ~ "... ~. o f'~. ;.1. 'W t J';-' . , .. ,', .' , .~. . . ~ .' ", ..:.;., .' '~.:'" ;'. i~., . .. .. ~ . l' ;:",;, ,.: '. \':<. ': ..' I . ~"..~", . '. "'.0, ..... . , " "1: J,. f.;~':' >::, , Whereas, the Parties have met and have agreed that it is in the Parties' best interests to settle the various disputes described above and to permit Pick Kwik and Nostimo and Circle K to sell beer and wine for off premises consumption from the pick Kwik Store and the Circle K store, ~espectively. TERMS The ~arties agree as follows: I. Upon the execution of this Settlement Agreement, and approval by the City of Clearwater City Commission, pick Kwik and Nostimo agree to comply with the following conditions as set forth in the Hearing Officer's Reco~ended Final Order on 1/6/92t and Order Amending Final Order dated 1/29/92 as follows: (1) the applicants shall provide a security guard to patrol its three Clearwater Beach establishments between the hours of 8:00 p.m. and 2:00 a.m. on Friday and Saturday nights, wi th monitoring reports submitted to the City Planning and Development Department not less than quarterly; the applicants shall obtain. the requisite alcoholic beverage separation distance variance from the City Commission;. (This condition will be deemed to have been met if the City Commission approves this Release and Settlement Agreement.) . '.. . ( 2) the applicants shall obtain the requisite occupational license within six months of the date of the public hearings on the application; (This condition has been met. ) . (4) 'the applicants shall restrict the hours of operations for alcoholic beverage sales to 9:00 a.m. until 12:00 midnight Monday through Saturday and 1: 00 p.m. until 12:00 midnight on Sunday. . I . ~urther, upon,the execution of this Settlement Agreement, and approval by the City of Clearwater Commission, Pick Kwik and ,Nostimo agree not to expand its building located at 580 Mandalay Avenue, Clearwater, FL, without the prior consent of the City of Clearwater Commission. . . (3) , , In addition to the requirements set forth in subparagraph (1) . above, Pick' Kwik will voluntarily exceed the requirements of Section 812.,173(4)" Florida Statutes 1993 (the Convenience Store Security Act), which would not otherwise currently be applicable to the subject premises, by providing at least two employees or 'an employee and a security guard on the subject premises between the hours of 8:00'p.m. and 5:00 a.m. seven days a week. 2 . .. . . ...... _ . " .,,, c,'~~' ~ ", ,." ,..11 \,r' ..,..".,~". ~ '.~""'~u!li! ~ ." 'VNt~r.'#:.:.;>;".\~;.,;if:i.t:'h~~. ,~';>"c~',J{>. }~i;~:.fu~~l...~.';N} '~';;.t~~f.~~,..;,.; :..y,;; .J :~J:;,:"{> ~'. OJ,"'';'';; "'L"~~j;,';'l'.1tr';:.'i.;.r"...~",":J,f.l.~':':.l,\~ . . -- 1MfV;'.~o/iIIQ!~~-)n;".:\...Jlirl .. "~\~""'",.u.ll:"",~~.I~t'io,i~~r~)":~~..~~t"'r1:(J..~~....r.',.a....~::!. ~ : I ~ ~ ~:. ;. ; ~7 :;,;~t{d/ : ~. Q .< \~.: > , , , ~ :. :' .. , } . !\.,.,:" . '. t.. . {,'Q ,,, .', . t" \~- ',: , . ~. . . .':'.: > ~ '}<'. , (\' ,:' :- .~. . ,I". . w ( ."~ '. . : . ~ " .j". , ).," ' ., :. J' . . '{ , ., ,..' :~. tt~" ' '1..,.<"'\ I.~< -::" ~ ~. ".- ;;.,.::. ...,: ~ 'ft.". \}:y'::. ", ,.' ":\., " ~~;':~"t:.' >,'_ ~;<~ ':,: : -. :'~ \'.. ~ . .. "':':,L :.'.> :;:,t.,',., ." ~~~<':, .' '. . " ~'r\} ',,' ~ ,,~,I < . ~ .. . . :~ i >"T' :". ~ ~,,:.. '.. ,1 . ". '~:"l~'... : . ." ,,:! .:: F~>:;:' t:.,,:: / '. , ~/r~,. r,.", , ."'.\ > :~:~:T: c '....\,... . .:;~'D::/:, . ~...: ... tJ~~~': ". ~'}~~.:". .'. ""'.. u '" . u ~ .. 2. DISMISSALS. Within ten (10) days from the execution of this Agre~~~nt by the Parties: (a) The ci ty will grant Pick Kwik and Nostimo the permits, variances, and uses necessary for the sale of beer and wine for off premises consumption from the Pick Kwik Store. (b) Pick Kwik and Nostimo will dismiss the Pick Kwik Litigation, with prejudice. (c) Pick Kwik and Nostimo will dismiss the Appeal, with prejudice. The Parties will take all actions necessary, including preparing and filing all necessary documents, to ensure compliance with paragraphs 2(a) through 2(c). 3. NOTIFICATION. In exchange for the above, the City of 'Clearwater agrees to provide the State of Florida, Division of Alcoholic Beverages and Tobacco, with written notification that P!'ck Kwik meets all applicable zoning requirements set forth in the City of Clearwater Land Development Code and is properly zoned to exercise a State 2APS beverage license at its store located at 580 Mandalay Avenue , Clearwater, Florida. The City of Clearwater agrees to acknowledge Pick Kwik' s compliance with local zoning requirements on Pick Kwik's pending application for a 2APS license transfer and decrease in series and to pro~ide the State of Florida Division of Alcoholic Beverages and Tobacco with any additional evidence of' zoning compliance it may require~ 4. CONSIDERATION. In consideration of the making of this Agreement, the promises and releases set forth below, and other 'good' and valuable consideration, the receipt and sufficiency of ,which <are ,hereby acknowledged, the Parties have entered into this Agreement intending to be legally bound. 5. NO ADMISSIONS. Nothing in this Agreement shall operate as or be construed as an indication, inference, presumption, admission, or as evidence' relative to any fact, conclusion of law, issue of liability, or any other matter on the part of any ,Party. Each Party expJ:essly denies any and all liability to any other Party. , 6. RELEASES. The parties hereto and any agents, employees, representatives, contractors, successors, assigns, and related parties, hereby release, settle, and discharge any and all claims" . demands, actions, agreements, damages, liabilities, obligations, or other claims of any nature and character whatsoever, at law and-in. equity, known or unknown, direct or"derivative, arising out of the.. ,application of the City Code provisions applicable to the sal~ of algoholic beverages, as it concerns pick-Kwik and Nostimo, that any 3 J. -- ~.+ ......~ " , t:t;~;~r;t~}(Mi2~;;~~ti':";,:~::,:':,'~i,,~;::'/..;.;::>, ',; .',: ~:" .~...,,",]~.J:1j~J='\:;i::-_t",,.~"';" ...', '""~I.' ~... . c .'.~ ~,..~. --.... . .~.... n" ~ " ~"l. ;'.:i '" 0(.. ..,.,.' c . t - J' ....._~"S); . < ~~~~~~,y.>.1'.)t!i.,q2i{r~~~(j.:;u:..ii:&::'I:tt';'r \::,,~~~~~~';"':,",)~::.';'o1:..;,~:~;G...,,;~,,:<:;';';. ,.<J~'Wl , . c. c .." ." ~.p1"}\N', ..'.t't-e:.: ~ . '", ~; .. :' '.:;.: . . , q. .' .. ,>,..-" ',<!' . ~ .. a ,~: ~ I; ., , . ' , ' ~;". '. < ~." . f.. , , ~ ~ . < .... ~ . ',' ., :..... c. '., " ;t'", . , .i, . . I. . '.. .' ' '+,. . c, ~ .', . , /~ ~.~ i.'O :i;,. ' !ii . :::'; ~.' . party may now or hereafter assert against each other. Notwithstanding this provision, parties and any agents, employees, representati.ves, contractors, successors, ass.igns, and related parties of the parties do not release the each other from any claims arising from a bre~ch of the terms of this Agreement or from any claims arising after the execution of the Agreement. 7. ASSUMPTION OF RISK, WAIVER, AND ESTOPPEL. The Parties hereby acknowledge and agree that paragraph 6 above, is a general release and that each party, having had the benefit of, among other things comprehensive consultation with and ,advice. of counsel, knowingly, willingly, and expressly assumes the risk associated with, waives all rights relating to, or is estopped from asserting, any and all past, present, or future claims, demands, complaints, reports, obligations, actions, causes pf action, damages, costs, expenses, liabilities, profits, or compensation of any nature whatsoever, arising out of the application of the City Code provisions applicable to the sale of alcoholic beverages, as it concerns Pick-Kwik and Nostimo, whether based on tort, contract, s'tatute, or any other theory of recovery, and whether for compensatory, special, punitive, statutory, or other damages or remedies, which exist as of this date but which the party does not know or suspect to exist, whether through, ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the partyfs decision to execute this Agreement. The Par,ties further agree that they have executed this Agreement as a complete accord, satisfaction, settlement, and compromise of matters involving strongly disputed issues of law and 'of" fact and ,that each party having had the benefit of, among other things, comprehensive consul ta tion with and advice of counsel, knowing'ly, willingly, and expressly assumes the risk that the facts or the law may'be otherwise than they understand or believe, and waives all rights relating thereto. Each of the Parties acknowledges, agrees, represents, warrants, and covenants that: it has been' provided with; . has received, reviewed, and/or analyzed all of the information that they deem necessary with respect to entering into this Agreement; that they have had a complete and unrestricted opportuni ty to conduct whatever inquiries, investigations, or other due, di,ligence that they deem appropriate with respect to this settlement; that they have not been induced into entering into this Agreement and have not otherwise relied in any way on any representation, omission, act, or failure to act on the part of any party to' thi.s Agreement; and, that any such reliance would be unjustifiable and unreasonable under the circumstances. However, this Agreement shall have no effect on the ability of the parties to assert any cause of action in the future. 8. ENTIRE UNDERSTANDING. This Agreement contains the entire understanding between the Parties,with respect to the transactions contemplated by the Agreement. It may not be changed orally but only by an instrument in writing signed by the Party against whom 4 . ..-._""'.....'l>j'~~...:-::....~~.'.,.;-.;....'..'I .<t . :......" > ~ '., '. '<; ~ I:: ' .... "'\. r '.~~. .,~ "t' ,',',Ll..,...' '- .:;...t">....Mi~~.1_.;a.o::.'q.....'~ ,~ ~"'>-,I;"::.\k!";~4(r?.t(>t'~).t~t'J:;J""":'IM.;~:;;1--f_.c~t~~ ~t'.':': '. ,~i .'.:.' .. ''1,''- ~ <;r .1Io....tji.~~l:~~)~.:tP-~...v:,....~,.. , 1 ~. :"+.~'1~~1o""'~'~ ~ ~... 1.......... . ~... , ~ ~~~l~--' - ti;:l:! i:;:':,':.;d: ""'-". <,' ," ~.~~~~il ;. , ' o enforcement of any waiver, change, modification, extension, or discharge is sought. The Agreement supersedes, in all respects, all written or oral understandings and agreements previously existing between the Parties. { . 9. DAMAGES. The Parties acknowledge that the performance of their respective obligations under the Agreement is essential to the consummation of the transactions contemplated by the Agreement. Each of them further acknowledges that no Party will have an adequate remedy at law if any other Party fails to perform its or their obligations under the Agreement. In such event, each Party shall have the right, in addition to any other rights or remedies, including damages, it may have, to compel specific performance of this Agreement. 10. EXPENSES. Each of the Parties to this Agreement shall pay its own expenses in connection with this Agreement and the transactions contemplated hereby, including the fees and expenses of its counsel. " " 11. JURISDICTION AND VENUE. The Parties agree that jurisdiction and venue for any action arising out of or related to this Agreement ~hal1 lie exclusively in' the Sixth Judicial Circuit of the State of Florida, in and for Pinellas County, Florida. 12. GOVERNING LAW. This Agreement has been negotiated and prepared. and shall be performed in the State of Florida. The validity, construction, and enforcement of, and the remedies under, this Agreement shall be governed in accordance with the laws of the State of Florida. 1":"0" t~: ...c . '.,". ~ ~ c 60"'" I;.~ > , ;~.J.;: ' ". . 13. SUCCESSORS AND ASSIGNS. The rights and obligations of ",the Parties under the Agreement shall inure to the benefit of, and be binding and enforceable upon the respective successors, assigns, and transferees of the Parties. .,~: . ,Ie ~.;:~=A::':-' : ~ '.' : i'l: ' .., ,14. COUNTERPARTS. This Agreement may be executed in any number of counterparts , each of which shall be deemed to be an original instrwnent, but. all such counterparts together shall constitute one and the'samk instrument. A facsimile copy of this Agreement an~ any signatures hereon shall be considered for all purposes as originals. 15. HEADINGS. Descriptive headings are for convenience only not control or affect the meaning or construction of any provision of this'Agreement. 16. INTERPRETATION. Whenever the context hereof' shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter and vice versa. It is recognized that this Agreement and any related instruments are the product of extensive negotiations between the Parties hereto and >.1' o . '. .~)i. i/~,:~, "; . ,', ~ . , , ;': ,'c :.< ~ : . .~ :.>.~.c." . ~. , , ,." . ..' . . y, '. . ...., . ~'. . , , '~,:'O' ;"::' ' 5 '~'.:: ,7"; . J~:..>".>:' ~ ~: .;... ~. .....;. -; ;"':/:' .' ,~,;,.0,T~..:,:~,~,.~",:".,,1.\'.~~,':.;~;~,~,:,;~~,.~~,:-,,' '~~':" . ':: ._;~ .'.: ,:, ' _-.'~" ' .. . .. /.~ ':. ~: ,;' .:t~.;..-: <:".: .~ 'I' I!.A~"i..M~~'iiA~-t:-J'~.....,.'t""'~"""""-"""''''H_.''_~':'It..,,,.,...~~~!..,........~ 'l~iI.J/r,'~~~~'..su.i4~.a!~.MrJ';jj..t(~...- . .~. '-l'..~. , . ., ~ . > .....":.~'L-J' ~ ~~.. ~. ..-.::.-:",1 ......;.'~~:f.ltit:1~..-if:~ . . , .., j , f: t, [~ ,~: " , , , f" :,' ~:). \\\., k'..:' rr:~. ' . 1"" , . f: " - ,{',O !:... ' l~'.'~ . ~ '. ~::~~':H ;: ~':':':.\:; ~:'II';" . t:',~.> · -:' I -=- ,'1",: . . ~ ~., r,:}\,:: ,'., . ",.11 ~i:x ~. . ~ ~. ' . ~ ,"'. . , ~:;,j>~.::'..: ;,,:, , . ~~{i ,~.: ,i,.: ,.,~. . :.:: :' " ~?/>,<. " ~~::!~~ . ;(,'., '.. <.' ~:':'::A"::'- L::'~"'" ~::!.>.....~: .'- ~L~,:::';': ",',:: . -t~:~,.,~". .:. < f:~f'~' ~>:.. : :.". ~,'~~,:..;:',i,~,+ '..: ~ ' ._.'", . ~,., .. . . ..... #.. ",. - I. .h'~.'.'-;'" ~ '''\"''..'(".;:~.f''.:.i.~~,~'''''''''tJIIII-'''' - "y:-:---....~~~~~-w~~,:{,~~':ili~P.'-MW~~~!~,....M-+"...~~ , ~..,,"-"_.., ' liMllii~~'~;0!!;:<):;:'::~7;:}...;.' ....:,. . . _..J.;"",,~ .".J: . . o ~)C~\b ~-{- 3 cc.. (I.3''1~ that all Parties have contributed substantially and materially to the final preparation of this Agreement and all related 'instruments. 17. ATTORNEYS FEES AND COSTS. If it ~s necessary to take legal action to enforce the terms and provisions of this Release . and Settlement Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs as determined by the court. THE UNDERSIGNED BEING DULY AUTHORIZED TO EXECUTE THIS INSTRUMENT, HAVE CAREFULLY READ THE FOREGOING RELEASE AND, SETTLEMENT AGREEMENT, FULLY UNDERSTAND IT, HAVE RECEIVED THE EXTENSIVE ADVICE OF COUNSEL REGARDING THIS MATTER, AND HAVE KNOWINGLY AND VOLUNTARILY ENTERED INTO THIS AGREEMENT INTENDING TO BE LEGALLY BOUND. IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement this day of , 1994. Countersigned: CITY OF CLEARWATER, FLORIDA , Ri t~ Garvey Mayor-Commissioner Elizabeth M. Deptula City Manager Approve~ as to form and legal sufficiency: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk PICK'KWIK FOOD STORES, INC. NOSTIMO, INC. By: By: , . Its:' Its: 6 " ' c: :, >. ,.. ~ . ~ . +~ . . . . "f: . ~ '. " <". '" ~.~,,~ ".... .: ;~~'~~'r:. .' ' ~'t"<: ' ~~~!,i~~.~.' , . " , .,". ;&2;F':, ::>. ;. . " >>:. . " . . ~,~~"Ilr.~~.,........." Iflr.... " ,\>~' ,;-" ~~l ",' ,,"0' ,.;, ,:.:- . i,'ll'~T""'" .",1' ..' ", ". " \' ~~i }'fi{~::..)' ?a"t. > .. '~ ;. ,', 1-::-> " ":<!~lt~.."il"<""J:""" ",'c:','" ..-. ",' ., , ;XC;""'"- ~:l"..~'l "i , ~~"'~' . .. ~. _~r!~ ~r.'~~"J:'_~r,...~.r;~\'U~i-'~"'i-\>'" f......t.....' ,', ~1i tY.. ,,~~ 'i;;'" ...... ''. , .... . .,.;." . !'r.i.A",,~'YJ,'...JJ:;':~oi"" ;rp~"~"c<'"'.' .' '.!',' " :... " '. . "itlIP"".""\{V'J.r)Il(,"~l;;:.1~~:":'\~~'" .:-"'. ,:.,..'.",.:....:: !"..,. . " ~~..J >.;A- .ii' :- ~~ ~rl ~ 1, ~;i.'.~~(~:~I;.~.:~;~..~i <~~~ ;: :...": : ' ~ " \. . --""'1e,y; .j' "',''';''~.. ">.",', "',:' .':' . ~:';, . " , . . . .<.'.'+< . ';,1",'" CJ~~II;E;-(!A~- 4F c;,g~", C' AlIi/A s.:Jft'/T.s tI'In~ItN(. E/~'''';eJ''- " /l11I'1III4~14 ~ /9 7' ~OIBRli8fji8n-MiIl\lt8[ Date /)~ ~ 1'''1{ .......,..fIr ". M.,.f.,....~:...w,l;\ '.t:J" ..... . , t :O-...~~W'~'~......;cJt_....t ~ ,.......~... " ' :;( ~......-.IIoI.""""'''''''l '1 , . '.,' ~" , .' ~... . 11. . I '.~: . .... .-L';\'.. .." "'.... ".. ~:. . ; ;.' .....;;; ~}:. ",>"~~. "t:~" ~ ~ ,~:. :\..::;t: '. " " . r: ...... . .~'I~..~' :,.t,,~,. . ~..' " . .... ,. ; , '" ., '): . ~ .' . ~.: ' .,j: , :.., I,' , ~-t./!.:'",~... ',' ' j, .ry~':r1L:','.. 0 '~. >"'."c.",~ .'" ~ .:0 " \ RECEIVED NOV 1 4 1994 CITY CLERK DEPT. ',' '.DOROTHY WALKER RUGGLES Supervisor or Elections " Plnel1ns County, Florida ~ " . . . .' ~ '. ' .~; '~:' ; .; . ' , ~ :. November 9. 1994 ,.', < ~.. " . " :. , < ~...' ~ \~.. . ' MS. 'Cynthia E. Godeau, City Clerk :.City of Clearwater Post'Office Box 4748 ClearWater, Florida 34618-4748 ~~~~~:..> ~ c. ... '. '.. " i ~. t ..;~' , , ' '''''.1 ~ '.. ~ L: . '..' " !~, ~~::'; ~ <.. ~ ' . ~,;~::X:::;>,.;.;: D:ear Hs. Godeau:. ~"'~.~",.::,,.,~.:.:,:,~,',~Ij.~.:.;,',,>;,: );,,~~~;~::ri:r=~r8r~~1~1:ei: :~C:~~e::e:h:,O~;~~~icate of Oounty Oanvassers for ';,- _ ./':",:"':Al'so~enelosed is a ,copy of ,the that portion of the canvass report relating ,.~~:>@, '~., 'to your elec.tion. ' i~h{;;?i:; . ...ifYOUbaV~eny questions or need furtbar information, do not hesitste to :l,'I, ,-,' .,""... ":~ , ': ' .', .,.... :.e, . ontac tme ~ ',("t:Y \,:,....' , " ' v~~.~t~~:~:~~~.~~:~..:~. .! ~.; ~ ' ...>t}t~.,. ~.. , .. ~ 'J' It~Wi; q", "tts-... '. . ;"::~"::,~, " or.". I :.. :- ~ .].:. . ".'" '.' :' >. , t...... .'. :;.! .;.::, : ',: 8rlc1osures ' ....~ ::..., .':~':>:., .~ . \ .. ..' . : ~ . ~, >.:,~ .' ' . . ~ ~. . .' " . .:' . , " . .. ~',' :..'.' . : ~ :-. ."; . ;;/~:.~ ~.~ ,-~~~~~., .~;.<::.; ,\; '. . ~" 1<< ... .,," ,:;,U:;-;:.:\;f...... ~.~~:.:f~~~;.;;~c:.~ '.". ',I.: ...>:......." .".' >~ ;ff:~','~"." .'. ../..":.~,.".,::",:,:.,.,,;,,,.,.',.~..::,,:j:,:, ,';' ", .. ~j,.~,~',':.,', ". ~.' . . 1. ,,- W .'i, }...> '.~. ~ :'.". r'~f~'~c: .,'~.' .' ~ ':':'." ,~...;. .. ..' " ~~i0~i:;;':;/i \~':::,~::';': :": ': :. '- .,'. , ~~"':\t:R.I......" ~.. I' ,......', ,. < . T: . ;.' %'i.i;};.',~ ~ :~,315 Court Street.' ,..' " ~;J~\~~'!:~::J:: ClellrWotcr, FL 34616.5190 ~4.'1~,(:~;:';\.~Telepbone:.(813),464.35?1 . " .', ' .' " \'in~~:Dh,':'/.'SUDl:Om: 570.3551fFnx::(813) 4~~158.. ~.1f,.?\:,"',;~{.,:~,'-"-~,,~.~::",,:'<': i','~'::, .,:..:+.... ',~~..,'.~_..;i~::~'~:..',..-.:...,~."._'.~.~..-+..~,. . >',:' :... . . . _. ~ . .". 'f., ...... U... . . . ~ -., - - -- - ,', ,> ,< . ',:"., .><' ...<,.~f.-';~h;:lJYJi-.i.~~'iil1~k~lN;,j~}i:~.....!.l...;t~.(~.,:i.~~'T~~~'~.'." P" ... .,,=;'-.~'l..I+~.~1'~'::';'-;;1'tQL~';)'t.....:,,;" ..'\.> ...~ . ". ~ } ~ . ~ L~~i~~~l.m~.,: . ~~I,.~';':---Y';f1.fJ ..j.~,....I(~t'J' ~ :}.l-. "\. '.'. .... ,..... ( I'?'''''''' ~ "" ,... . ,. . :' ~.:~~.w:::\.~mJ.~-"'~!lt~~tj.:II~"(I1.~.t":~:'f)~~'?~;'~:"~..:..'~: >I"~'" ,'~~. .'<; ....~" ", ~.J:..., ~, ~--:"'i~(~~,;.-(\.~..~~~l..:;"~f'~k"''''l,'.,j ;:..'f.t..... "......,', ;. ~.... ~':~""l;' J ..' . . " :~ ;.f.~i,i.,.,tt~~.~.~~.:K::..~~~k~~':.;;...(~/f >..:t~..~,;";..:.':L..~.,..! :.;,~ Y.:. ...~):-~,. ~;.;.:' ~+~:! ". ". I. 1o"'1~(t'~\.O....t.~~l1):;':f~;~',~t;4t~.,.t...}.........I". i~..':' ~~..I~:'.. .,". ',.J .~,. " ;.,.'/.~~., '.. . . '"~ r ...., ~ '. I 1I.{~.:.~I~j~:,~.~j~).~,':~~~?~~.:.:.i,;~...~~.,.~;~:.~;~..,:, .~'~'.' '.'. :./:-....~~~..;:., :~~.:.r\'.~.;I, .. .>,:. .,~..~~.~~ ~~. ., . .,.. . ," :" .\I"f!.:-"w1;.~'';ll~\111i '~-..r-.f.}:i\~""j '\J.,'...., ".,' ....t'. \}.' ~i ::... t,! " ;. ..... .' i W r . 1,..- '" . , "c c ' .,t ,....; , ;'." ~~\~~~;:!.f~i'd~i'~fj..t:i:';.~::;~~~t.': <;).('. '.';: .: :>',~:~ ,:,;";','.-;~::S>,, .~::'< ,',',: .'...,',:;, ':, <..',', ,','., :",-' ".'...,.' 1..' ~ ,-J ~...."..,:---.I ot:. '::.~.rl"f~t~r -i'~ _, "~... .~ ,~.i.', (~' JI(/.~ " .. ~,~ :. . ..~ ~ .... 1.',:- ...-'~ ~:t ?.: \.' . :t'-) ,~.). /.' . . ,. \ ~.' .' ." H . ~ + . . ; I' ." ,'" ',' ,:,; ".:,:' ..'.'.,~,.,'!:_., ~.~ '.:\~,t',',;','~,.r~:,'I' ',.,,:,.,':.:',.',' ",";-:,.:.,~, '~"~l'~';"~. - .,';; . ~~~~;~~~.....t.t"~I!~IJ;~i;{~ ~f,:(-~1'.:~".},~~,;\,\,,"~:,',J'I",:~': 'r~.~',~l~:i~'~lllL,. ,~:~--;..;~ \,f~ >c~~:..:>~~. \~. ~-:::... ....'.: "n ~,r.~"..: ''o-\~'' : :t' .1, , .. .. .t " r r '.. ~ . _ ~ ~ 1.'I}:::J,."}......;t-':\~~. ,,,~'.l"i' 'M:-'>-...I ~ . ~ ~ ... ....r;.' ." ....~ '., .. !lT~., '\, '. . . . f "ly,; , .. '.' i ~ . .. ' :: ..:~ ;..~ ';:}~ .t": ~ l " ,~ , , ,:::::':. l 'J .. .~J.~ ":-: " .:: '. . ?\:~'"~',:,: :', " For Attorney General, the whole number of votes cast wa.s which numbet" ~::::',,~<.,O,: ::', Fo'r:- yomptr:-oller, the whole number of votes east was numbct" ' , > . ~: " 1 ,:':.'':-: < ,'. ','was 310 .452 ?:~:?:',' :,'.,:) ":,:' ,'siLL NELSON (OEM) > i.' ....:. ,L' '.\ ' : >' . 'r '. ' . ,> > ~ . ~ . _ :;" , :"~""TtM" ~R~LANn.(REP) , "E~iz~BETH (LIZ) COFFEE " .,,() "":;:0 l'" , . "\. r.. ' ~ , , > . ;1\. '. .. '.. ~ L:: '::: . , 'Y,:>:, ,~', 'j;.',"': . l. ~~ ~', ," - " ,. CERTIFICATE OF COUNT~ CANVASSERS STATE OF FLORIDA PINELLAS COUNTY Wet the undersigned, PATRICK K. CADDELL t County Judge, DOROTHY WALKER RUGGLES , Supervisor of Electionst and SALLIE PARKS I Member of the Board of County commlsslonerst constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 10th day of November,. A. 0'1 1994 and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the GENERAL ELECTION held on the Bth day of November, A.D. I 1994 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: Por United States Senato~. the whole number of votes cast was of which nUiTlbe[' 316,882 HUGH E. RODHAM (OEM) CONNIE HACK (REP) ERNIE MAILHOT (WRI) received received received votes votes votes For Representative In Congress, Ninth Congressional Districtt the whole number of votes cast was 95.700 of which number MICHAEL BILIRAKIS (REP) received 95.623 votes RICHARD GRAYSON (WRI) received 77 votes For Governor:- and Lieutenant Governor, the whole number of votes cast was 326.980 of which number received received received received votes votes votes votes For Secretary of State, the whole number of votes cast was of which number 285,694 , RON SAUNDERS ( DEM) SANDY BARRINGER MORTHAM (REP) received received 122.496 votes 163.198 votes 312.721 of 183.234 votes 129.487 votes 309,502 of which 146.285 votes 163.217 votes " , , BOB BUTTERWORTH (DEM) HENRY'FERRO (REP) received received GERALD LEWIS (OEM) BOB MILLIGAN CREP) received received "For 'Sta,te ~['easut'er and Insue-aoel'! Commissionet". the whole number of votes cast-- -'" .-.. -'. of whic.h number (WRI) received received received votes votes votes 157,964 152.4B7 ,1 ,', ", . c .~, J'./;~ i . . j :l:~..,~~', .~~: c I . ". : <. . fi~~~:~;/~'",~;~, ...:.: ~., >~":'_: ~, , t ~ h " . '\ f'\ I DOUG JAMERSON (OEM) FRANK T. BROGAN (REP) received received 153.193 160,371 votes votes - ~ For Commissioner of Education, the whole numb~r of votes cast was 313,564 of which number For Commissioner of Agriculture. the whole number of votes cast was 316,002 of which number BOB CRAWFORD (OEM) JIM SMITH (REP) t'eceived 153,873 162,129 votes votes received Fat' state Senator. Nineteenth Senatot'ial District, the whole number of votes cast was 85.144 of which number CHUCK LEHR (OEM) JACK LATVALA (REP) received t'eceivel1 32.178 52.966 votes votes Fot' State Senatot', Twentieth Senatorial District, the whole number of votes cact was 84.482 of which numbet' DANA LYNN MALEY (DEM) CHARLIE CRIST (REP) received 32.119 52,363 votes received votes o For state Senator, Twenty-Second Senatorial District, the whole number of of which number received received 41,003 811.207 votes votes For Member, House of Representatives, Forty-Seventh House District, the whole " number, of votes cast was 6 ,936 of which number BRIAN RUSH (OEM) ROB WALLACE (REP) received received 3,546 3,390 votes votes For Member" House of Representatives, Forty-Ninth House District. the whole numbe'r;< of votes cast was 43 ,468 of which number "NICHOLAS G~ALEXIOU (OEM) LA.RRYCROW (REP) , , PAUL CRUMRINE (LIB) received received received 13.209 26,915 3,344 votes votes vot:.es ,. ~. ~ . . :'::','"0" ' " . ":-:;:... ,'For Member, House of 'Representatives, Fifty-First House District, the whole ',', number of votes cast was 32 ,748 of which number :. . ..- , ' MARY BRENNAN (OEM) .. . , . CARL NEUMAN (REP) r-eceived received 17 .529 15,219 votes vot:.es 7t>~>~'::.' ',' ,,' ' " :0;-',;:,::' ,,', ' For Member, House of Repr-esentatives, Fifty-Thir-d House Distr-ict. the whole / (":". ". t.." C'. . . _ . ';,;~"':' , ;, :' "n'umbet7 'of votes cast was L.r .... ~ . '<', . I ~. I '. ~. .... :<::;:,', ,,', :. 'L.~RS A'. HAFNER (OEM) <:'~' ,> :'.': ',' ,': ,ERNesT "CURT" CURTS INGER ( REP) IV!:'--" ", ,",:, :.: " .: '", . ~ ':" < ,. . L',: ','. . For"Member. Board of County Commissioners, District 5 I the whole number- of ,'... '-" votes east was 299.459 of which number :. . ~ > 41,388 of which number, , received received 22.790 ' 18.598 votes votes . , WINNIE FOSTER (DEM) ROBERT B. STEWART (REP) received 130,849 168,610 votes . . . received vot.es ,. "... : . (:> .' ' . . . .~." ~ ~ :. . , ::tr.:.: >,~, - .~.: ". c" ".'"' ~::~ . . . r; For School Board Hembe~1 Dist~ict 2, the whole number of votes cast was 300.203 of which number LINDA LERNER (OEM) WARREN ANDREWS (REP) votes votes received 152.298 147.905 received For School Board Member, District At Large, the whole number of votes cast was 302.559 of which number MAYME W. HODGES (DEM) LUCILE O. CASEY (REP) received 135.304 167,255 votes received votes Retention of Justice STEPHEN H, GRIMES of the Supreme Court, Foa AGAINST 182,527 89,048 votes votes Retention of Justice GERALD KOGAN of the Supreme Court, FOR AGAINST 180,407 86,762 votes votes Retention of Judge JOHN R. BLUE of the Second District Court of Appeal, ,0 FOR 177.900 votes AGAINST 85,054 votes , "''9.' Retention of judge MONTEREY CAMPBELL of the Second District Court: of Appeal, FOR 177,673 votes AGAINST 84.438 votes Retention' of Judge JACK R. SCHOONOVER of the Second District Court of Appeal, ,+, ./ . ~~i:~:,::,~:' ',' li~s~~:' ~:':,: ',' :~'i:{:,'~:,,;::,~ , '.' Re'~e~t'ion' 'of, Judge' EDWARD F. THREADGILL, JR. of the Second Dist.rict. Court:. of ....;.f...., ~'.~'.~ t' . .' ' T. . ::;( ~';' -: :;" , . Appeal, ~i~:~//: , .' ..' . :~:INST 1:: : ::~ ::::: g;:/;.f: . '." "F,i,:o i re~ i t Jud ile. Sixth Jud i old. G,oup Ten, the who Ie numbe, 0 f votes cas t rt,~ ~wa::~~~p:~:~::::RIC~ of which numbe, ::::~ ::: ~:: : ~: ~ :: ::: S:'}~;,<~~,.'::>,',,",:'F~r:Ci~ci'uit ,Judge/'Sixth,Judiciali Group Twelve, the whole number of vot.es ~>:...:\ ". .. ~ : :. '.', .' . . . . ' . . ~?j~<.'.;'. ca'st.:w8S' ,,273~538 ,of which numbel" ;;;~.t.\:..::,....~,.~': """':.' ;:.'"T" <.,p. ," ....... '\~f'(>':,':':>. _ ',: DEE ;ANNA: FARNELL ~~~;i~ ;',:~ '.~.~':.~. .....:.~.~ '. . ' ;':t/'.:.:"::; ,"',"':' . BRUCE YOUNG' ~;~;.J~C';':', "..'" . . . votes FOR 177.422 84,108 votes AGAINST votes l"eceived 136.894 136.644 votes l"eceived ., >." .: <'::",,' , . ',\~.A ~:':>~:' " . ;I. ~ '., " l\~:':':::.' " :~;i:C::' . ~1,:;&."..." . , . . . w'a . ~ .. < . , . rj a, ".t...... :~:"'o' '". ~c: ~ J ". , . ~ CONSTITUTIONAL AMENDMENT NUMBER 1 ARTICLE III, SECTION 3 START OF REGULAR SESSIONS OF THE LEGISLATURE proposing an amendment to the State Constitution, effective upon approval, to provide that the annual 60-day regular sessions of the Legislature begin on the first: Tuesday after the first Monday in March. FOR AGAINST 235.227 55.078 votes votes CONSTITUTIONAL AMENDMENT NUMBER 2 ARTICLE VII, SECTION 1 ARTICLE XII, SECTION 21 LIMITATION ON STATE REVENUE COLLECTIONS Limits state revenue collections to the prior year's allowed revenue plus an adjustment for growth based on the growth rate of state personal income over the preceding five years, with excess collections deposited in the bUdget. stabilization fund until fUlly funded and then refunded to taxpayers. Defines "state revenues.1I Allows the Legislature to increase chis limit. by 2/3 vote. Requires adjustment. of the limitation to reflect transfers of responslbi1ity for funding governmental functions. FOR AGAINST 172.352 11 , .508 votes votes CONSTITUTIONAL AMENDMENT NUMBER 3 ARTICLE X, SECTION 16 LIMITING MARINE NET FISHING Limits the use of nets for catching saltwater finfish, shellfish, or othe~ marine' animals by prohibiting the use of gill and other entangling nets in all Florida waters, and prohibi~ing ~he use of otber nets large~ than 500 square feet in mesh area in nearshore and inshore Florida wa~ers. Provides definitions, administrative and criminal penalties. and exceptions for scientific and governmental purposes. FOR AGAINST 245.820 72.919 vo~es votes CONSTI~UTIONAL AMENDMENT NUMBER 4 ARTICLE XI. SECTION 3 REVENUE LIMITS: MAY PEOPLE'S AMENDMENTS LIMITING GOVERNMENT,REVENUE BE ALLOWED TO COVER MULTIPLE SUBJECTS? This,provtsion would:expand the people's rights to initiate constitutional changes 'limiting, the power of government to raise revenue amen~ment6 to cover multiple subjects. This provision is ,immedi~tely after voter approval for amendments effective , FOR AGAINST by allowing effective thereafter. 162.245 131.137 votes votes CONSTITUTIONAL AMENDMENT NUMBER 8 ARTICLE X, SECTION 7 LIMITED CASINOS , . , ': Autl\orlzing 'a limited number of gaming casinos in Broward. Dade, Duval, " "",." Escambia. Hillsborough, Lee, Orange, Palm Beach and pinelles Counties. with ;:~~~:::,::- ,.":':two in :Hiami, Beach: and limited-size casinos'with existing ,and operating '~,;j.<".':<". ":'pat-i~mutuel facilities: andiE authorized by the legislature up to five ,;:.::\','0:',;;;"":::.." : 11mi ted~slze' riverboat casinos in 'the 'remaining count:ies. but: only one per ~:~(,>;.<:, county.. ,,'Mandating implementation by the iegislature. Effective upon :t;,l~:.">':'",,,.' ',adoption. but ,prohibiting casino gaming until July 1. 1995. ~,!~':, '" :', " FOR 113 ,6 7S votes ~'~<\:~.: ':' AGAINST 210 .603 votes , : 't "":"'~ ...'-/ .;,;"ot", .. ',' , ,\. jr.. . I~.::' > .. !"'. . ,'," ", ", ',~:t.... < . '( '. ~' . ~ '. . +.."~ " ......,l.' , \ . :~Y. .~: f' ~',' :, . . ~...:~:I('~~ \. l~\' :fr. o' ., ""i~ .. ...... :~ .~.~..' . "' 1 t.~ .f.. . '". ".r 0'" : ....t. '0 ... ".. .." "1,". oIL.. ',. . ~' .,'. ~:~~>:~ . ,p,<.. ., ceo '..... ,~., . .'>< I. ~ . . ..,'..;.. . . . '.:~' : .t.'~.."'.~ ',. I :-~,1t:~ >'_."!"''''r~ } ....~.~t:!~ . ~:~.lr~'''S '::"~~1,i(l :: :~~~.~~ ' ,"I:~ttt:d . ~~:.~~l~~ " ~ ...t-..~"., ~ ," "'~~ ." . :,:,'~\H:I" . .~,,,~~,.~,, :.~." ~;.!ii: . 'l'.~. .'.~rl:~" , '1';\', t .i~ii'; . ",f".J.I; ~. ;.It~. ~'~."'ft. :: .~~~.~.... ~ . .:~ r"~t . I '~/::)!.v1: ~ . ".". .," . .~:)t(:~~ . ',:.."\.'j.-, '1 ..'; .'jii. '~" . ~'.)':,:..:P , ,.. . ".;. . ," " <,~,::y,~'; "t!,' ' . " ~l'," . . . .". I. ~ .." r---.. I For Fire Commiasioner, East Lake Tarpon Fire Control District (Vote for FIVE), the whole number of vo~es cast was 26,064 of Which number WILBUR F. CANNON. JR. CHARLES ItCHUCKtt DEDMAN WAYNE FERGUSON ROBERT S. GENHOLD 'PAT IMPERATO JAMES M.. NOBLES ROBERT 3. PASQUA received. 4,098 received 3.744 received 4.310 received 3.163 received 3.28S received 4.021 received 3.443 votes votes votes votes votes votes votes For Commissioner, Mainland District, Indian Rocks Fire District, the whole number of votes cast was 4,376 of which number THOMAS R. MCKEON received 2.192 votes DANNY B. WALLER received 2.184 votes For Director, Lealman Fire Control District (Vote for FIVE), the whole number of votes cast: was 36.196 of which number DAVID A. BRITNER received 5,203 votes LINDA L. CAMPBELL received 5,034 votes ROBERT M. CARTER received 4.092 votes a ROBERT A. COUNTS received 3.166 votes ~.l' . .... FRED W. HARRIMAN received 4.434 votes JOHN HROMOGA received 1.895 votes PAUL JOHNSON' received 4.398 votes RODNEY O. MOORE, SR. received 3.180 votes GERALD J. WOLFF received 4.794 votes I"''-'Q' , , ,', . . , , . ,~ -: . 'e For Commlssloner, Seat 2, Palm Harbor Special Fire Control District, the whole number of votes cast was 18 .691 of which number RON GIBSON received MIKR MURBURG received 13.893 4.909 votes votes , For Commissioner, Precinct Group 1, Seminole Fire District, the Whole number of which number received 8.613 votes received 8.663 votes received 5.795 votes of votes cast was PAT NIEMANN 'NANCY C~ PATULA SHARON A. SAVASTIO 23.071 For Commisaioner, Precinct Group 2. Seminole Fire Dis~ric~, the whole number of votes cast was 22.517 of which number :'~I '" ~~\I" 0<:...\1:...... ,', ,.r;. ." ., .... . ., , " , "..'j , ~ ".' , , "1 I,. , .~ :f:~~t, :~~'.'J .. 'l~:1r :~.~ :...(~l .~.' . ',~ -'I '". . ....'~ . . /i . ~'':" .. ,. ; .1, t'J'I'~ :,1'1'::. i ~;l).~~.'~ f', . . :~l"'h ~ 'l ~((I~'t.~ . '-'...."/ .~~.~);:~ . '," ~I~' MICHAEL JOHN' ADAMS DON COCKER ,': ' WILLIAM' L. CURTICE DAN' GALGANO reeeived received received received' j 7.988 votes ,.' 5,574 votes . f_O. .I........ ',/"I."I:~. 2.472 votes ...iI..... '.' " , . 6.483 votes ,'. ,~ , , ' !: ~ '. . \ ".' II.... ..'., "4,:&1... . ~ . 't . ..~ . .... ,. , ... ..r''" r I I I I I j j 1 l I I . . Fo~ Commissioner, Precinet Group 4, Seminole Fire Dis~~lc~, ~he Whole number' of vo~es cast was 22.917 of which number r-\ MARGARET (PEGGY) DEMMLER received B.179 votes ROBERT GLENN received 9.792 votes EDWARD J. (DR. EO) LURIE received 4.946 votes C. ., ~ ::;'. ' Shall' Section 2.01 (d)(2) of the City Charter be amended as provided in :',:>;' ,,' ~ , Se,otion ,1 of, Ordinance No. 5691-94 to change the City Manager's purchasing :'," ',', "authority .from $10.000 to $25,000. while still requiring competit:ive bidding :.,...:, ',"', 'fot" 'purchases exceeding $10, OOO? YES (for amendment) NO (agalnst amendment) o . \',. ", ~~,.',,:?::: ,:',' , ',h', " ',.' ~~ ':.. " .....' . (~.: < . : . . : . ~, . ',: .:" ~ ' ,l~;.i;,::::/':,',":"~~ ; i:.:: <.~::~, .,. ',::.~J:~~; '.<.~~',( :.~ .~.;..'". ~. . " ~ I :. I,.' I .,. ';". ..".' ", ' ",'+. > '.,.', . r.,; ~< <' '~ :: .. For Commissioner, Precinct Group 5, Seminole Fire District, the whole number of votes cast was 22.244 of which number JAMES E.'BRUNSGAARD received. 7,378 votes TIM GLASS BURNER received 6,211 votes RUGENE (GENE) LITTEN received 8 ,655 votes For Mayor. Town of Redington Beach, the whole number of votes cast was 786 of which number JAMES L. HESS received 616 DAVID B. DUBIN received 170 votes votes For Commissioner. Seat 01. City of Tarpon Springs, the whole number of votes cast was 5.596 of which number KAREN BRAYBOY 'BOB JOHNSON JOSEPH J. MUZIO HELEN K. PIERCE received 2.500 971 1.107 1.018 votes received votes, received votes received votes PALM HARBOR COMMUNITY CENTER DISTRICT AUTHORITY TO LEVY ANNUAL TAX FOR TEN ~EARS WITHIN PALM HARBOR COMMUNITY CENTER DISTRICT Shall the Board of County commissioners of Pinellas County, Florida. be authorized to levy up to .25 (1/4) mill ad valorem taxes annually for a period of,ten (10) years, pursuant to Pinellas County Ordinance No. 94-77. within the Palm Harbor Community Center District for the purpose of funding a community ,cente~ and related land acquisitions, maintenance and operations which shall be'used for community programs? YES For Approval NO For Rejection 6.238 14.802 votes votes REFERENDUM QUESTION NO. ONE CITY OF CLEARWATER CHARTER AMENDMENT CIT~ MANAGER'S PURCHASING AUTHORITY 17.319 14.843 votes votes ~x.~~': : :':::"1' ~ .' . T ~:~J ~':'},.'" .: ~ ;1. ' . ," . < 0".' .. ~ '. , '~i.)~'i)e\;"'<;'Y" :', " ,./':-:.- ,: ~ ': ';\f.~' . ",, .. . :.',;,' ;; ~(;'i.t."'r', ,>:,~ ~iJ~;t !L:. 'IX' i' . . . ~;I <';J,." . . :;JYl~~' . '. .' ~ 1, . ,'. .~. ....t '.' ....-l{,. '. . ~ ~. . . 4 ~ . ~ - '. . " I} ," , ~, :~~~~~->. .... \~ I ~:.;?: .,....~ , ~;,~...~~/~ I i/:~;'::':,:: ' ' , ":~'o" >'1" . 'i- '. ~,' :, c '.\~~ ~ ".. ~ ") ~ ,.' -.:~I, . ~ if.;;" .. ;~~~~~"I' ': +' };(~;:r" ", ,,'~"," '" ?Ie',':.... "'0 ' ' ",' . , , ' , .'" . I I.... " .'.~ I' . . C ,', . .r:. . . L. .. , . ' REFERENDUM QUESTION NO. TWO CITY OF CLEARWATER CHARTER AMENDMENT CITY COMMISSION'S AUTHORITY TO DONATE AND LEASE REAL PROPERTY Shall Section 2.01 (d)(4) of the city Cha~te~ be amended as p~ovided in section 2 of O~dinance No. 5691-94 to ~equi~e the commission to decla~e ~eal prope~~y surplus a~ a public hea~ing before donating or otherwise transfe~ring it, and to allow the commission to lease property fo~ up to 5 years without declaring it surplus, and if declared su~lus, fo~ terms up to 30 years, unless approved at referendum, but not to exceed 60 years total? YES (fo~ amendment) 20.016 votes NO (against amendment) 11.213 votes . REFERENDUM QUBSTION NO. THREE CITY OF CLEARWATER CHARTER AMEUDMEN't CITY COMMISSION'S AUniORITY TO APPROVE NON-BUDGETED EXPENDITURES Shall Section 2.01 (d)(6) of the city Charte~ be created as provided in section 3 of Ordinance No. 5691-94 to ~equire two public hearings before the commission approves a non-budgeted expenditure in excess of $5 million? YES (for amendment) 25.631 votes NO (against amendment) 6.148 votes REFERENDUM QUESTION NO. FOUR CIT~ OF CLEARWATER CHARTER AMENDMENT CITY COMMISSION'S AUTHORITY TO PURCHASE REAL PROPERT~ Shall section 2.01 (d)(4) of the City Cha~ter be amended as provided in Section 4 of Ordinance No. 5691-94 to require that the commission obtain an . appraisal bofore purchasing real property, requiring an independent certified appraisal if the sales p~ice exceeds $250,000, but is less than $500,000, and two independent certified appraisals if the sales price exceeds $500,000, and to provide that real property declared surplus be sold to the highest bidder me~ting terms set by the commission? YES (fo~ amendment) NO (against amendment) 26.024 5.643 votea votes REFERENDUM QUESTION NO. FIVE CITY OF CLEARWATER CHARTER AMENDMENT CITY COMMISSIONfS TERM LIMITS Shall Section 2.03 of the City Charter be amended as provided in Section 5 of Ordinance No. 5691-94 to limit the te~ of office of any single elected offlcial,to no more than six consecutive years as commissioner and no more ,t:.bans1.x consecutive years as mayor-comm1.ssioner commencing with the date of the'next'election fo~ each commission seat? , YES' (for:' amendment) 26 .582 votes NO (agalnst amendment) 6.007 votes r.." . .~ ;:'1; ~." ~', :;'. ." ~ ... -'. y ;{~;:~:>;:",',~'~:"~'..',~.: "~.: :~" . -' " , '1: .~ . ~ . ;~ .;;. .'J" . . ' ,"',;\: ; "" ' '. ,. ,'" . ~ '. 1: . ". 'r' ':, ..,....;.\1. ;.:j1"~I"'.. ,,~ ~,,~.~..~ "', r'~I~';::~"" '~':~S~.t.<i'; , ~~~'::;?~: '. +.~. :.' . ' .'0 , . ..... ~., I,l . ,.l,.~ .~"E ~~~j:r:~ . j:j;~;J,~: ;', i~~/~:;~';t . I' ''f .i, " ~~~?}) ;...\.'.'t:.1~t:. ;'(.:,~;:: ',t' :~ ':r:r ; ><i;~;, :.('t' '. ~.~!..~ I " "". I' .. . ' . i' " . fl . '\-" .~i . ....;............ . .~~.. '"..~ " .{~,.\1-~.: .~4~r',~I. . :.r~~~~i', . .l~I.~;:, '. ;h'I' . .,. ~ :....f " , '. .. ..' :.~: . ." :'." ,I; I. ..- .. .'. ' . :.", . . " , ~ ~:::..>~i:~ . . y~'",. '1-' , :';";;:I':)...."{ , :-t:?;~~): . .. .', ~ I' A . 4o.. CITY OF ST. PETERSBURG CHARTER AMENDMENT MEMBERSHIP OF CANVASSING BOARD FOR MUNICIPAL ELECTIONS (:) Ordinance 17S-G amends Ci~y Charter to provide for membership of canvassing board for municipal elections to be composed of only those city council members Who are not candidates. or who are candidates withou~ opposition in eleetion being canvassed. instead of membership of canvassing board being City Council as a whole and further provides for alternative board members in event all City Council members are ineligible to serve. Shall the above-referenced amendment be adopted? YES (For) NO (Against) 48.369 21,201 votes votes ~c~ County Judge ~;:.'O' ;i.":~'''-o.t' , i~~\,:: . : 'j.t{;-,I .:' I~;::>:' j~~-";", c," r... ' , f~~J)~;j~{):~:::i\:./\ ,::;~',' ,.l~~, ", '''''0< ' . ,.." '" ~4~f~:-',~,;:'~\:\;~: ::',i,,~,,~,,:,::~, ,'i, ',,: ~*),,;'~i',.', ,!. ,<' ,','...' " " ' 1~~Ii/0.,~.y;';~'?~~"':::': :;<:::,:,,' , :,:",., " , ,}]".. i"" ' ,',' " " '. f$,~;~~~{i~~~.~~.:\ -{:." <:"~",,, :',:, . :'::<': , ~'t.J'" ..~. '., ~"-.'~." . . '..' . ~~~~~~.~~~./">,~. '~~ ":':~~<~:' .,: .M'~:' .1, ....:" ~~~J,;n;...!.;, < ';...., ',' . :t.r-;~""~-t-',~~.h.,-'''\ .~\ I ~l' \' J" '." .:;: . , '.' ~~~\''''I'r.."i. / ~ .l.' '. ~. "0':' ~~ .1.,' . ~~~~t4,';',",,~' ':~,,~:";'+ " I' :I.~:. o' , . .', ..... ~'}"l '~~~ 'i ' ...~ .. h .' ~ ~. " '~~~~~;~.nr::::",,:,~:>~ ::':~',,~"-:", <:" " ..,.. I~~r I., ."", . ~t;?~':,: :-, ',:::> . ,:: ':" .'.' ':, ': ~.." "....', ", ff~\IE;/\:t,':,{,::F):"'~.'.' . .. iff;. c,'..;.... ...",' " " ~~!Z;:~,V,h>\,:/,;:;:':~ <. ';, ",:',.." ~,;i'~" .'.-' ..' '. ' ..' ( '. .. , ~~~t:1:;~,~.:":~.,: ~:~ ,:' < , ;, ,. ':~ :.: ;', ",': ~.... :', :' i' ttitE[,f:~;(::;~;;i,:'i;:'......"".,,'. . . 1~~. " , .... ",', .. " '. ' ,'.. ',' '~~i:~Uf;i:~':.\~:,.,:~itit~i":'b~ii~ts" ,c~~f, in'" P'INELLAS county was ~~1~ttlt(~y~?~-:\,:':'<: <::'" ,:"~',' ", ...,,' percen&. turnout. ?Jf:,;,. ',,"~';,- :,'", fot'" 8,'" '68.41 .. ~J~~to.... ~'....,.,>. ~l ',' '.' '.~' .':,-:' j~'kifA.' '; , ' " , , " , . ' .~\~y\_,:', :,:',,>~ :.", .': ," ' ,". ' , w't.., ..,' ..' ' ~ of County Commissioners ',1..:. , t~. . p' 333.440 .; - , " " . ., I '. ,', ~. '. L' n 11I,4..1. .Of . , I p' ,;'f ~" ...'i.....-. , '. .~ ", . ~ . , , . t . "" It' '.. r OFFICIAL FINAL RESULTS . GENERAL ELECTION Page 1 08:15am Nov 10 1994 PINELLAS COUNTY, FLORIDA ItOVEK6ER 8, 1994 n PINELlAS COUNTY, FLORIDA REPRESENTATIVE IN CONGRESS Precincts Counted 337 100.00% 9TH CONGRESSIONAL DISTRICT Absentee Precincts Counted 63 100.00% MICHAEL BILIRAKIS (REP. ) 95 ,623 99.90% YRITE-IN CANDIDATE 100 0.10X Precincts Counted-CONG DIST 9 107 100.00% Precincts counted-cONG DIST 10 230 100.00% GOVERNOR & LIEUTENANT GOVERNOR LA\.ITON CHILES (OEM.) 166,858 51.02" Precincts Counted-SE"~TE OIST 19 69 100_00% & BUODY MACKAY Precincts Counted-SENATE ~IST 20 94 100.00% JED BUSH (REP.) 160,115 48.96X Precincts Counted. SENATE DIST 21 50 100.00X & TOH FEENEY Precincts Counted-SENATE OIST 22 124 100.00)',; YRITE-IN CANDIDATE 45 0.01" Precincts Counted-MousE OIST 47 6 100.00% SECRETARY OF STATE Precincts Counted-HOUSE OIST 48 35 100.00)',; RON SAUNDERS (OEH. ) 122,496 42.88X PrecIncts Counted. HOUSE DIST 49 43 100.00% SANDY BARRINGER MORTHAM (REP.) 163,198 57.12% Precincts Counted-HOUSE OIST 50 40 100.00% PrecIncts Counted-HOUSE DIST 51 39 100.00% ATTORNEY GENERAL Precincts Counted-HousE GIST 52 44 100.00% BOB BUnERUORTH (OEM. ) 183,234 58.59% Precincts Counted-HOUSE DIST 53 48 100.00% HENRY FERRO (REP.) 129,487 41.41X Precincts Counted-HOUSE DIST 54 46 100.00% Precincts Counted-HOUSE DIST 55 36 100.00% COMPTROLLER GERALD LEWIS (OEM. ) 146,285 47.26% Precincts Counted'BCC OUT '1 60 100.00% BOB MILLIGAN (REP.) 163,217 52.74X Precincts Counted-BCc OIST 2 75 100.00% Precincts Counted-Bee OIST 3 65 100.00% . TREASURER PrecIncts Counted-Bce OIST 4 68 100.00X BILL NELSON (OEM. ) 157,964 50.87X PrecIncts Counted-Bce OtS1 5 69 100.00% TIM IRELAND {REP.l 152,467 49.11% WRITE-IN CANDIDATE 44 0.01" Precincts Counted-seH BRO DIST 1 58 100.00X _ Precincts Counted-scH BRD DIST 2 68 100.00X COMMISSIONER OF EDUCATION PrecIncts Counted-SCH BRD OIST 3 65 100.00X DOUG JAMERSON (OEM'. ) 153,193 48.86" Precincts Counted-SCH BRD OIST 4 75 100.00% fRANK T. BROGAN (REP.) 160,371 51.14X ;.'0 Precincts Counted-SCH BRO DrST 5 71 10D.00X Registered Voters-TOTAL COHHISSION~R OF AGRICUlTU~E 487,392 100.00" BOO CRA"FORD (DEH. ) 153,873 48.69% " Ballots Cast-TOTAL 333,411 68.41% JIH SMITH, (REP.) 162,129 51.31% Ballots Cast'REGULAR 312,581 64.13X STATE SENATOR " ,.' Ballots Cast'AOSENTEE 20,830 ---.--X 19TH SENATORIAL DISTRICT CIIUet; LEHR (OEM. ) 32,178 37.79" " Ballots Cast-CONG DIST 9 112,893 63.74% JACK LATVALA (REP.) 52,966 62.21" . '. " Ballots Cast.CONG DIST 10 ' 199,686 64.36% ~ . ". ~":' , STATE SEN"TOR Ballots Cast-SENATE OIST 19 83,577 64.62" 20TH SENATORIAL DISTRICT Ballots Cast-SENATE OIST 20 82,842 63.99% DANA LYNN HALEY (OEM.) 32,119 30.02% '" . , Ballots Cast-SENATE 0151 21 20,999 59.69" CHARLIE CRIST (REP.) 52,363 61.98% , . " ' ~ ,/ . ' " , Bat tots Cast-SENATE D1ST 22 125,163 64.71% STATE SENATOR Ballots Cast-HOUSE OIST 41 6,941 63.55" 22NO SENATORIAL DISTRICT .. ~. . Ballots Cast-HOUSE DIST 48 45,002 64.68% DEE BILLINGS (OEM.) 41,003 32.75% "" Ballots Cast-HOUSE DIST 49 43,243 64.89X DON SULLIVAN (REP.) 84,207 67.25% h'! Ballots Cast.I\OUSE DIST 50 36,090 62.02% \" ,. , ,Ballots Cast-HOUSE OIST 51 32,264 61.66% STATE REPRESENTATIVE ,~ . Bullots Cast-HOUSE DIST 52 35 .389 63.57X 41TH HOUSE DISTRICT Ballots Cast-HOUSE OIST 53 _ 40,268 65.88% BRIAN RUSH (OEM.) 3,546 51.12" 'Ballots Cast-HOUSE DIST 54 50,271 67.03% ROB UALLACE (REP.) 3,390 48.88" Ballots Cast-HOUSE OIST 55 23,113 60.90% .. STATE REPRESENTATIVE '. Ballots Cast-BCe OIST 1 64 ,683 63.56% 49T11 !lOUSE DISTRICT f, Ballots Cast-ace OIST 2 64,011 65.68% NICHOLAS G. ALEXIOU (OEM. ) 13,209 30.39% . . . . ,Oallots'Cast-BCe OIST 3 64,471 63.nX LARRY CROU (REP. ) 26.915 61.92X oullots'Cast-OCC OIST 4 65,783 65.07% PAUL CRUMRINE (LIB. ) 3,344 7.69" , . Ballots Cast-ace OIST 5 53,627 62.46% , ;..; STATE REPRESENTATIVE ',' I.... Ballots Cast-SCH BRD DIST 1 65,088 63.58% 51ST HOUSE DISTRICT Ballots Cast-SCH BRD DI5T Z 65,783 65.07X HAR,( BRENNAN (OEM. ) 17,529 53.53% ';'0 Ballots Cast-SCH BRD DIST 3 64,471 63.72" CARL NEUHAN (REP.) 15.219 46.47% Ballots Cast-SCH BRD OIST 4 62,342 65.Z0% ,. , Ballots Cast-SCH BRD DIST 5 54,897 63.01" STATE REPRESENTATIVE . ~."\ I . " 53RO HOUSE DISTRICT '. UNtTEO STATES SENATOR LARS 1\. HAFHER (OEH.) 22,790 55.06% HUGH E. RODIIAH (OEM. ) 83,749 26.42" ERNEST IlctJRT" CURTSINGER (REP.) 18.598 44.94% CONNIE KACK (REP.) 233,130 73.56X , " URITE-IN CANDIDATE 53 0.02X ~', ." , .. ~ . " : ~~~!v: ." ,~-~:~~~~ '-'~~t~~i.;~~j*~~~~~~r:.{~;;f1:;i!~~;:;:;.'~';~~\~l;~'l~: ::~~:,',~::,:: ':, i ,,~,;~;,..~t~:' 't~~ ':"",1~,:,~~~\,,~~<~,'~di,~~~~~~;~~~i.~:;:~~ ',c ~ ". . ~ ,_ .' ~ :. . .. .. .. r~'I'.I~a~~~~iW~l/,).{!~~.......~~,,,:~-f"'!,~.+~l1..;';;:'('~~~f~;ttt---t.,,~~,.t>JHKriQi'''-'''').'~''''''~.~ ,. ~WJIf' lii~';~,\I'i~;~';;L<~~<';';:i,::,,':;i' 'p ..' . . . p . .. .~:i:~ ,. p ~ OFFICIAL fiNAL RESULTS 08:15am Nov 10 1994 . " ~ .'i:;:~i~'_~"~~.:t . " .~. .. ~ ..... ".. .~ : . GENERAL ELECTION PINELLAS COUNTY, FLORIDA NOVEMBER 8, 1994 o BOARD OF COUNTY COKHIS~IONERS DISTRICT 5 YINNIE FOSTER (OEM.) . ,ROBERT B. STEUART (REP.) SCHOOL BOARD MEMBER DISTRICT 2 llNDA LERNER (OEM.) YARREN AHDREYS (REP.) SCHOOL BOARO MEMBER AT LARGE HAYME Y. HODGES (OEM.) LUCILE O. CASEY (REP.) SK~ll JUSTICE STEPHEN H. GRIMES OF THE SUPREME COURT BE RETAINED IN OFFICE? YES NO SHALL JUSTICE GERALD KOGAN OF THE SUPREME COURT BE RETAINED IN OFFICE? YES NO 180,407 67.53% 86,762 32.47" 130,849 43.70% 168,610 56.30% 152,298 50.73% 147,905 49.27X 135,304 44 .72% 167,255 55.28% 182,527 67.21% 89,046 32.79% 0,' , ,. SHALL JUDGE JOHN R. BLUE' OF THE SECOND DISTRICT COURT OF APPEAL BE RETAINED IN OFFICE? YES NO 177,900 67.65% 85,054 32.35% SHALL JUDGE MONTEREY CAMPBELL OF THE SECOND DISTRICT COURT OF APPEAL BE RETAINED IN OFFICE? YES lla, 177,673 67.79'1. 84,438 32.21% SHALL JUDGE JACK R. SCHOONOVER OF THE SECOND DISTRICT COURT OF " I,PPEA.l BE RETAINED IN OFFICE? YES NO 177,422 67.84% 84,108 32.16% , , '. , " SHALL JUDGE ED~ARD F. THREADGILL, JR. OF THE SECOND DISTRICT COURT OF APPEAL BE RETAINED IN OFFICE? YES, NO 177,944 67.88% 84,187 32.12% , " , v ' 1.~..' . CIRCUIT JUDGE . SIXTH JUDICIAL CIRCUIT . GROUP 10 PHILIP J. FEDERICO ,YAYNE PHILLIPS 144,011 53.58% 124,746 46.42% '; ,:. CIRcUIT JUDGE' IXTH JUDICIAL SE~ ~ECPlItJ-r RESUa"s CIRCUIT - G P 12 f\ 'DEE A FARNELL 136,854 YOUNG 136 CONSTITUTIONAL AMENDMENT NO. ~ " ARTICLE III, 'SECTION 3 ,'.;,,;; Start of Regular Sessions of the . legislature , YES for Approval , No for Rejection 235,227 55,078 81.03% 18.97" CONSTlTUTtOllAL AMENDMENT HO. 2 ARTICLE VII, SECTION 1 ARTICLE XII, SECTION 21 Limitation on State Revenue Collections Yes for Approval No for Rejection CONSTITUTIONAL AMENDMENT NO.3 ARTICLE X, SECTION 16 Limiting Horine Net Fishing Yes for Approval No for RejectIon CONSTITUTIONAL AMENDMENT NO. 4 ARTICLE XI, SECTION 3 Revenue Limits: Hay people'S Amendments LimIting Government Revenue be Allowed to Cover Multiple Subjects? Yes for Approval No for Rejection CONSTITUTIONAL AMENDMENT NO. 8 ARTICLE X, SECTION 7 Limited Casinos Yes for Approval No for Rejection EAST LAKE TARPON FIRE CONTROL DISTRICT - FIRE tOHHISSIONER (Vote for 5) UILBUR F. CANNON, JR. CHARLES ItCHUCK" DEDMAN YAYNE FERGUSON ROBERT S. GEHHOLO PAT IMPERATO JAMES H. NOBLES ROBERT J. PASQUA ... " .. PagQ 2 172,352 59.46% 117,508 40.54% 245,820 77.12% 72,919 22.88% 162,,245 131,137 113,675 210,603 4,098 3,744 4,31Q 3,163 3,285 4,021 3,443 55.30% 44.70% 35.05% 64.95% 15.72% 14.36% 16.54% 12.14% 12.60% 15.43% 13.21% IIIOI,^" ROCKS FIR ISTRICT S$ R€CDI4.I/T R,;'S/,u:rs COMMISSIONER - INLAND DISTRICT THCMAS CKEON 2, 193 ~ DANNY . WALLER 2~ 49.89% LEALHAN FIRE CONTROL DISTRICT DIRECTOR' (Vote for 5) DAVID A. ORITNER LINDA L. CAMPBELL ROBERT M. CARTER ROBERT A. COUNTS FRED U. HARRIMAN JOHN HROHOGA PAUL JOHNSON RODNEY o. MOORE, SR. GERALD J. \lOLFF PALH HARBOR SPECIAL FIRE CONTROL DISTRICT - COMMISSIONER . SEAT 2 RON GIBSoN MIKE HURBURG 5,203 5,034 4,092 3,166 4,434 1,895 4,396 3,180 4,794 13,883 4,808 14.37X 13.91% 11.31% 8.75% 12.25% 5.24% 12.15% 8.79% 13.24% 74.28% 25.72% SEMINOLE FIRE DIS CT st:E RE"t!.D14tr nS&.U--rS ECINCT GROUP 1 SEMINOLE FIRE DISTRICT COHHISSIONER - PRECINCT GROUP 2 MICHAEL JOliN ADAMS DON COCKER WilLIAM L. CURTICE DAN GALGANO 7,988 5,574 2,472 6,483 35.48% 24.75% 10.98% 28.79% ~J0:C77~';i,.7~~~~::;~~~~~~~~';~~ib~~..~;a~.';"'~~~$~=.~,.~='^=~ r.:.{'~','~'> 8,179 '35.69% 9,792 42.73" 4,946 21.58% ", ,....~) . .:'~ ( . f ~. , ~ . . . , ";, .. ~ .: .. , ~ ", ":. .' ~ t -:' . ,': '. ~~.~~:~;'rhl,~~~",,:,:,'",:, '".1''' (......~~., .1.. . "I \. < (,>,1 .'1- . .. , .... . . _A ,. OFFICIAL FINAL RESULTS 06:158111 Nov 10 1994 l~ " ' SEMINOLE FIRE DISTRICT COHHISSIONER . PRECINCT GROUP 4 MARGARET (PEGGY) DEHHLER ROBERT GLENN EDUARD J. (DR. ED) LURIE SEMINOLE FIRE DISTRICT COMMISSIONER . PRECINCT GROUP 5 JAKES E. 8RUNSQAARO TIM GLASSBURNER EUGENE (GENE) LITTEN REDINGTON BEACH MUNICIPAL 'MAYOR JAMES L. HESS , ' DAVID, B. DUBIN 7,316 6,211 8,655 >: ," I' ; . ~. , ',~<:;;., ',. 1>.:'-'~<;, " TARPON SPRINGS SPECIAL MUNICIPAL ,...."::,,' ,CITY COKM1SS10HER . SEAT #1 ;~:'~~;:::;\ \,~',':' , : ~:tg~~~~;:1l0REU ~\"'," </: .. ,JOSEPH J. MUZIO {i:, :::;:" ',' ,HUENE K. PIERCE if'; " ~ '.:.' '. .. .. ;~,)i'. :,~': :'..' PALM HARBOR COHHUNITY CENTER .\~.?"", ''<..., , DISTRICT' - " :!,~l!:';' , ," AUTHORITY TO LEVY ANNUAL TAX FOR )}L- '::'/" ' ,rEN. YEARS U IT II I N PALM HARBOR (~}.":'~"'" " ;, COHMUNITY CENTER DISTRICT' (of:., J,',: ~ ~,' '.', ;.. YES' For Approval ': .... ~ 'I . ~. . . . :::.;;;,,',' , :,.:' ,~D, For, ReJ,ectfon ,.' ;iLi:'''-' ~L~AR~~'T~~\' R~FER~HDuH " t;;/'tiiiJI, H: QUESTION: NO. :ONE," '" '" f:~~i,i,;>:,"',,"'CLEARY^TER CHARrER AMENDMENT (;?,:}:".,,<':/: '" "CITY MANAGER'S PURCHASING' AUTHORITY, /;,,':,',:::,::; ,,:,:~ :'.:':' YES, (,fo,r ~nt) t~':L 'J<;"' ,,~ , NO, (agaf~t ,amenchent) "to"~.f."~,";" ',' '.',,: :', '.";' ,',.." '. ' ~>{:Yi<'(\'\CLEARUATER: 'REFERENDuM, ' r~:W:"\/"i";,,' QUESTlON.NO~, TUO'~' , ' :i,tjJ !,~;: .~" 'CLEA.R\lATER; CHARTER AMENOMENT 'i;F;;!::',~:,'.'". ';':CITV : COHHISSIONIS AUTHORITY TO ~l~~,'~<~, ".', ~ONAT~' ANDi.EASER;EAL PROPERTY ;~',iJ, ;~' ':. ",:,". YES (fora~ndnent) ',' ;j:f~k, :;;\: : ::. N9 ',(against amendoont) , ~tl;-{7;'.' .' >",:<:',; " ,: J'" ""':'. ?: ,/::~~. :',:,:',) ClEARYATER REFERENDUM , ~Wtif{": ': '2::'" ~,QUESTlON NO",THREE ' ' " ' :ISnv,',:::: ::: .;-,:,' CLEARUATER CHARTER AMENDMENT ~~~~::~. -;..~::.- CITY Ca4HISSION',S AUTHORITY TD :. }(y:.5'~':' ;"", APPROVE,. WON :.BUDGETEO E)(~END lTURES ;;f:i:~::r,'. :~' , :,YE,~,:(for: emendnent) , '::' ' ffi:'i;j\}:~.',",::, '.',~O~.,~agaf~s~ ~nt) , !~~,.t..:;.':..t'x,' :., ..: \'. +I' " ~"'I' i" ~1t;:i:::'>"" ;'C,LEARUATER' REFERENDUM,':' , \.f~il~::",:,": ;:~ cmSTlDNND., FOOR ,~, , :," },~~f.~_<:.':',:::,:\:ClEARYATER CHARTER' AMENDMENT !\'f",~>;:~,);,,":'_". CITY COMMISSION'S AUTHORITY TO wit~;:t: i .i.".';: PURCHASE' REAL \ PROPERTY }'~~'."{'~'>)~" :.{"':, YES (for' amendnent) , "'.'lo. .f,,~;'U' j~I"'~ . > 'I . . . . ,;"'-'.,y.\,.:,<.', ';>. : ", NO' (against amenanent) .~~",,\,J: '::~ ~\.. J" ,~ .' '. .... .', ~ .' \ .' tf.f,)t~;.\"':', ~i.EA~UATliR REFERENDUM '.. }~ '-F'J" " ';,Y;;~/'::-',o.:,:' ,",QUESTION NO. FIVE ' ~~i,~'" CLEARYATER CHARTER AMENDMENT ?;;t"", "!, CITY. COHHISSION'S TERM LIMITS ;tf:.: '.~: '.. ,',YES (for amerdnent) Jt;;;'", ./".;,.';, NO (against amendment) f{(~~:('~~~: ,~~;"~L' ..... .' . l1:t"'1.!~~,~j t',,' . .... l' ' \;A.)~ ::-0:'\'::,: ~ . . ;J/~r~4~..~.1 /',1 ..',. ~. ' ." .... ~~:fik{;:::~.'-:" ' 2,500 971 o 1,107 1,018 6,238 14,802 17,319 14,843 20,016 11,213 25,631 6,148 26,024 5,~3 . ... ~.. . . ; " ::' '::':<\~(t;,~)'~:~:,,: ..:..' ...~ . ... ", . ~ " . ~ A.. :~ ~ ~ :; "CENERAL ELECTION PINE~LAS COUNTY, FLORIDA NOVEMBER 8, 1994 '" Page 3 ST. PETERSBURG REFERENDUM CHARTER AMENDMENT Membership of canvassfng"board for municipal elections. YES (For) NO (Agafnst) , 48,369 21,201 69.53% 30.47X 33.11% 27.92% 38.91% 616 110 78.37% 21.63% 44.67% 17.35% ' 0.00% 19.78% 18.19% 29.65% 70.35% 53~85" 46.15" 64.09% 35.91% 80.65% 19.35" 82.18% 17.82% 26,582 81.57% 6,007' 18.43% ., ....llI.L~_1iiII1.iVi-~~.~..)..~....-:~J. .,......T....r.'i-:~ n- "(...~::'r.'":'itt-~..~t........r".-~1-.(~-.,i>,'1'.~.i.-;~$~ , ~~mM!.~;;;{Jf;i~{;\~l~~:~i,?;;;t~i:~:,~:[,;'~~,~:I::;.tj;":t~~y~~~;;{;.~:~.::~'::\:~)>~~~,',:;~,:,';:,',;:' ';;: ,: I :,:;<::;~'",~{':.-:,:,\',:7, ~~ ' ':' , .,:-. "';~"~,'~:X:' ".,', ,':, ,,:)j~}~,:::~,,::~: ;,;,: ",', ~ , ", : ";;' v;:. .:; < . . . ~., .~, :. . , , .. . ;, ~~..J-e"'l'-M l~' ~ I-+-~' .~~":~"'~.. '., ~-.... ,..~. ". . . .. - OFFICIAL RECOUNT F1M^L RESULTS 04: 11pm No" 9 1994 o PINEltAS COUNTY, FLOR]DA Precl~cts Counted Absentee Precincts Counted ,', .' , Precincts Couoted-CONG DIST 9 Precincts Counted-CONG DIST 10 PreclnctG Counted-SENATe DIST 19 Precincts Counted-SENATE DIST 20 Precincts Counted-SENATE DI5T 21 P~eclncts Counted-SENATE DI5T 22 Precincts Counted-House OIST 47 Precincts Counted-HOUSE OIST 48 Precincts Counted-NOOSE DlsT 49 Precincts Counted-HOUSE DIST 50 Precfncto Counted-I/OUSE DI5T 51 PreclnctG Counted-HOUSE DI5T 52 Precincts Counted-HOUSE DIST 53 . Prectncta. Counted-Hoose DIST 54 , Precincts Counted-I/OUSE DIST 55 Precincts Counted-Bce DIST 1 , Precincts Counted-BCC DI5T 2 , : '"Precincts Counted-sce D1ST 3 Precincts counted-acc DI5T 4 , , :, ,PrecfnctG COunted-BCe OIST 5 ..: '..... .. : ,~.~ ,~ ' ~.:'.: .. "J: ~." , " ...,'1. ~\:- .. Precincts Counted-SCH BRD DIST 1 'Precincts Counted-5tH BRD DIST 2 'Precincts Counted-SCH BRD OIST 3 ,Preclncts'Counted-SCH DRD DIST 4 Precfncts'counted-SCH BRD DIST 5 ..;-:. . : .,. " , u,.._ /" : h ~ " ,,,,,.. ~ RECOUNr GENERAL ELECTION P]NElLA5 CouNTY, FLORIDA NOVEHBER 8, 1994 337 100.00X 63 100.00X 107 100.00X 230 100.00% 69 100.00X 94 100.00X 50 100.00X 124 100.00X 6 100.00X 35 100.00X 43 10G.OGX 40 100.00X 39 100.00X 44 100.00X 48 100.00X 46 100.0OX 36 100.00X 60 100.00X 75 100.00X 65 100.00X 68 100.00X 69 100.00X 58 68 65 75 71 100.00X 100.00X 100.00X 100.00X 100.00X CIRCUIT JUDGE - SIXTH JUDICIAL CIRCUIT - GROUP 12 DEE ANNA FARNELL BRUCE YOUNG :I. , Pago 1 136,894 50.05% 136,644 '(.9.95% ]NDIAN ROCKS FIRE DISTRICT CQHH[SSIONER - MAINLAND DISTRICT THOHAS R. MCKEON DA.NNY B_ \IALLER 2,192 2,184 50.09X 49.91X 37.33X 37.55% 25.12% f~/O,,' : R~9t~t~red Voters';TOTAL J.t~. 0' ' ,: 'Ballots\'~ast-TOTAL ~;"\~'..'.. . B'~ilotJ'.C8St~REGULAR ~t~,\~Y" . B~l,lots C~st-ABSENTEE,' >"':':";'" , Ballots Cast-CONG'DIST 9 ~:'L.',,:~;,;" '"B,~llo~G, Cast-CONG DIST 10 ' ~T 'r . ' , I' , ., . , f:~:;:"(.;': ;',' :Ballots Cast-SEUATE OIST ,19 '0~\(,' " :. ,Sallo'ts, Cast';SENATE D[n 20 R~,,~,;",:','" '..Ballots Cast-SENATE D[ST'21 ?,f)\: ;,,~-,:" ':: ,;sall~t~ ,caS:t-SE~~TE DIST 22 ~~l' ,',.." , ,.', ' ~f:.:;:.;' '.';' , , Ballots.'cast-HOOSE OIST 47 -;~,::\,'>' , , 'Sultots 'Cast~HOUSE DIST' 46 ;~~~<> :'> ,"; SaUots Cast-HOUSE 'OIST 49 ' ~'f:,.~,:;<~:' ',' Ballots' Cast-HOUSE ,OIST 50 6",';:;' " ' ' ' Ballots Cast-HOUSE DIST- 51 ~F;:~~:,i:~ ':'. Ballots Cast-HOUSE O]ST 52 ~',-,'~~:,:.;i>::;':,": ' SaUats'Cast-Il00SE 015T 53 I;;';;k,;'/':' Sallots' Cast-HOUSE DIST 54 ;). r<>....+r. ,'. .,'. 'j[;;',>'~':',' .:-: BaU"ots;Cast-HOUSE, DI.ST 55, ';'t/J:":' Y:",,-~ i:L.~ . ..' . .. "" . . . ~ ' . , ~t*}<::,:',:," -8~('~t~':-Cast~BCC'D]~T 1 ~~}?;:':":"" :,' Sall 0 ts ' Cas t- BCC D 1ST 2 'Vi,I,;:",~" ,,' "Ballots', Cost-BCC DIST 3 ;~{;<'~" ';, :'Ballots"JCast-BCC D]ST 4 ~.;;)':,:.:: ':, :-.. ,~~llotB' C!lst~BCC DIST. 5 ~}~~\~;I" '- . ' .:,: .. . '. . . >ty;\,;:, " Ballots Cast-SCH BRD OIST 1 '..":r'{;' ,~." ':Ballots,Cast-SCH SRD O]ST 2 ~.;",' :..., Ballots Csst-SCH BRD DIST 3 ~.';'.A':, ',Ballots Cast-SCH BRO'DIST 4 't~....", . Dal~ots Cast-,SCH BRD DIST 5 tJt(,;;',:. . '~{/H;~.~' ~'.:: ':"' ,'.'",' , - . .....-:r........_~~il'i.<rlil..:.;"..:~:'.>'":;;" ,'~r-~,-..::.:,;ej:.t~'~I",;~W"'(,.;1..."':l!\:r';O.ii;;lq\:il r.~ . -;-o;,',t";;' ....U'^':.fJ... ..z '~l,~<~~"i""~~~'" . ",;',','1.:,-,. ~'u .' ~...-.-~~~~~~~~ ~~'~'~':,:::.j;)~;/;,,;:~;':;j~::;<J.~'~,(~';',<'~;,\,:..':';~\(,':!:~~,:'-: ':, ::',/; "':,~i~:,,',:,:,\,:,,<~ ;',.';,: :' ,:', .' 'i ," "I':',,' '.,'.' '.": ',' i ':, ' .. :'." ,.,\ , tttI. ~:.~"~.'\:'l),t."l:')'..,.' .J:". 'o':'.! ,1).\ !,:':, \:..t ,'V",'):"":' \ ,'. .~',,{ 'j:-, ';,~'~, ':.'~ ,:;,~.'l..', ' ~, ,.' ;,; " ....' " " ,:. ," " ,;, -" ".',!"," , " : ':. ""',,' " :"';: ' ~i !::kLJ;~.t1-~'I.~..~'-";:"'::1~~~i-i'1"" ",'lJI'~ 'I....."':l...........\(_";~'r r! ,.(,.' . . + ., ~.. . , ~. ,~~ ~ ,. , . ., 487,392 100.00X 333.440, 68.41X 312,606 64.14X 20,,834 ---.--x 112,901 199.705 63,584 82,845 21,001 125,176 6,941 45.007 43;246 36,093 32,264 35,391 '40,278 , 50,273 23,113, 64,694 ' 64.026 64,473 ,65,786 ' 53,627 : 65,100 65,786 64,473 62,350 54,897 63.75% 64.36X 64.62X 64.00X 59.69X 64~72X 63.55X 64.69X 64,9D% ' 62.02X 61.66% 63.57X 65.90% 67.04X 60.90X 63.57% 65.69% 63.72X 65 ~ one 62.46% 63.59% 65.07% 63.72% 65.21% 63,01% ' SEMINOLE FIRE DISTRICT COHHlSS10NER ~ PREC'"CT GROUP 1 PAT NIEMANN NANCY C. PATULA SHAROU A. SAVASTIO 8,613 8,663 5,795 '>'''-'''~ ~ 0 . '. " CLEAR~ATER REFERENDUM QUESTION NO. ONE CLEAR~ATER CHARTER AMENDMENT CITV MANAGER'S PURCHASING AUTHORITV (0449) YES (for amendment) (0450) NO (against amendment) CLEAR~ATER REfERENDUM QUEST J ON NO. TWO, CLEAR~ATER CHARTER AMENDMENT . CtTy COMK1SSIOlt'S AUTKORlTY to DONATE AND LEASE REAL PROPERTY (0453) YES (for amendment) (0454) NO (against amendment) CLEARWATER REFERENDUM ' QUESTION NO. THREE CLEAR~ATER CHARTER AMENDMENT CITY COHHISSION'S AUTHORITY TO APPROVE NON-BUDGETED EXPENDITURES (0457) , YES (for amendment) (0458) NO (against amendment) I ~ . . !",*,"~':-'~.""i.~.'-I"::;f: ,. J '., ',40 of..! '.. . ... u ,'" CANVASS 02:01am Nov 9 1994 n - ..;. '. '" ; c ~ .. , '. '.!). ~ L" ' 1,. ~. . ~":';- . ".: . .,," .1, c 1\": : ':,', .n .' . . ~" .' ..~ . GENERAL ELECTION PINELLAS COUNTYf FLORIDA NOVEMBER 8f 1994 'Precfnct (0449) (0450) (0453) (0454) (0457) (0458) . . 17f319 53.85X 14,843 t.6.15X 20,016 64.09X 11,213 35.91% 25,631 6,148 80.65X 19.35" Pl'Ige 94 Precinct (0449) (0450) (0453) (0454) ,(0457) (0458) ::'(:<,~',' :.' ~ j68. 30, 16 28 ,1,:-'",; " ' " ,372 ' 0 0 0 ~,...' ":,'~, :373 .' 0 0 0 ,;;-::: , '500' ,215 271 284 :~~I", .,',' 501 " '." 95 120, 126 i<;~:" :': 502' .167 180 214 j:"r:}\\,':;~;:~gt(.:':"', '~~~ 2~~ ,3~~ -;':-; '0" , ' ;'505"" 486 344', 544 ~:~>, :,' 506, ' 594 428 641 .< '." ;,. 507, "485 456 546 j:f:, ~ ,<.. " ,: ~~:," , "~~~ ,: " :;~ ':l~ '; .. '" . ' ',510. 134, 136 160 ;;":;'.~i', ' ',511 ,'." 262 '149, 257 ,?."&,~,':"', :," .. 513 ",: ' , '370 ' 384' - '47 r'(r;,~~ ',';':. 515 360' , ' 343 ~ 417 :,Iii'<',,'.:; ,,': 516 ' 213 181 247 ~;>:( '."" : 517,' 107 ,60 114 ,~~,;::; ", ,', 518 :,107.' 150 159 I ..r. q' 'J- . ,iiV'\.".:: ';519 :,', ,578 538 ';: 716 .J'5.{.,:i~,.:~' ',,:; 52,0.' ':;;', 297, 310 355, ~);.,:,.";<,." ,,521..,',,'550 ' ' 353 559 tl~.r,;;-',',i""':'522'..':"312' '243' ,336 r~,/.\:.,'~ ' " 523/: ':," 799' 597', 867 :~':~~ <'.. . ' " :524: -",,' ", 357 ',251 '382 t::J~,:~~:>;:'<:,~,~~:::>,','",.:'.25~" ";'21t '30~:,' '1'(",,"::',: '527, :', :',' . 336 ,'332 422 'Sf~;.:i'i,::~~ :-:',:,.:, :528';':',',,'. '330' 329" 415 ;'~i),}",<'.--"529 ,.',' 658 684, '815 ~{m(,:..':' "" 530 " ; :; "266 ' , '246 ,339 - Tr.. , ~. 1- \ .'" .. , ,~; i'{~;.,:.", :' .,' 53"': " .- . :466' 344 ,538' ';~~j~~~J::>',.'~',::-:' 532 ',:':':',' ; '545, ".: 546: '637 ;A~,::\:,.;';: ::-,: ' 537,' ' ," 395,' 376' 492 i, '::>~,>~:- '<',569' , 100 122" 139f 10'\-' c, .'. .. . q .' . ':-:;t::>:: ',:;'; 605" " " 291, 209,' 312, '~~;'-'~'::,,:;:,'i '606:::' '",,259 271.. 296 ":"',;,,'t, ':.", 607, ;' " 416 371. 480 ~'}~>':':':',;::'608i""'569 404' 616 ,I)-'i'. . . . " . c {,';:~,"': ,::--:'",609' ,290295 340 ;;y.::":,' ,'610..',:,,209 214' ,244 :1::;'~"611 ," 688 477 760 .k~)y.',':,612', :." 450 321 509,' ',~. '" . ,613 ' 315 262,375 ~;i~'....;,:',::"'618 ,,437' ,369 522 ~~; ~:.. )',.\. ", 623 0" 0 0 \J~:..,'.',;,. :'.'634 ,609 482 686 r;:.~~':'":,, -::, ': 635' , ' 649,' 450 718 ,'.'.: ',,';', ':, '. A007 ' 0 0 . 0, {i~f:c~'~!,"7,"/ :;.. .. l : . ~ "IMJ"~JJ :' " . '" :7~"":~T"'::.,,' ,," .-'-~~:&iif4l;?~~iit<1..;..-{ft1k!:JJ,itl.,J:;:;\~;~j.!l'':l.'t;1t~\i~:''::'t;~:r~' :l'~'~':}i~~""~'~ "~i~~";:"'~"~"::' '/;.".::,"'IJ' ~,)" ~~,~;:-r;;~.'i.~,,;~':,~({:;;;~M- ~ ~;'o;.<'..T~~ ".<"1"0 .'";:,~,,,~"~" }~\., l~",::~':~'i"\':,~ . '. '. -~~"'~~t~~~~;~ :t;. ~t.,{ t('1:" :r;'~~' ~ ~ ~~ ~S/'~':'Ji':f{~"~'.l",,,,,,,",,. ",,', ",", '-""'(',", .':";, ',', , -..' ", ,.' :, '" . -~ itttl'l' '.<, ';v." Ii " " , , UJf~~g~~~,~~t'.~;,;::LH..,~~"A)"~\:: ;,~';"~~>.,',t:,:;~".':,, :';',' ~ :.., ;f:': ',,: ~~;','~> .:: ,-"./:', ..: ":, .. .,,: ,I" ' " ,., ' : : ',.', ":"" ,'," ,,:,:":.. ,,', " " " ,18 o o 193 87 , 123 23 175 265 352 362 274 312 , t03 127 288 '2n 140 66 97 381 ,237 303 ' ,2.07 492 217 o 166 237 239 499 157 238 423 , 254 , 82 172 ,217 291 315', '227 167 363 236 183 262 o 357 328 o 41 5 o 0 o 0 366 118 140 67 275 66 53 12 411 94 ,702 130 810 ' 195 122 203 564 140 596 182 207 56 335 72 598 149 510 184 , 301 92 151 35 220 39 892 225 454, 147 732 157 461 94 1115 257 ' '92 111 o 0 338 115 532 ' 139 501 158 1066 272 , 435 72 666 134 841 231 640 127 178 43 399 95 376 133 595 182 749 202 448 136 335 89 , 963 185 635 134 465 102 649 144 o 0 867 , ' 2.03 926 162 o 0 A026 A029 A032 A037 A038 A039 A043 A048 AOS3 AOS5 A057 75, o 5 51 o 1 310 188 406 148 11 53 o o 39 o 2 253 129 399 112 8 95 o 3 64 o 2 374 206 502 168. 12 33 o , 2 24 o 1 163 98 2.73 81 6 115 o 5 70 o 1 478 283 616 234 15 11 o o 13 o 2 63 40 97 27 5 ~~~_.,~ (.~.,~. rl"'l"'; ,. ..... '. ,I.i' ".". n ~ -........ FLORIDA DEPARTMENT OF STATE Jim Smith. Secretory of Stote DIVISION OF ELECTIONS Bureou of Administrative Code The Elliot Building Tallahassee, Florida 32399.()250 (904) 488-8427 , ~. ~ . .:&. .. ..~.~./ > ojo'. ; ~, .... .:. ~ . . . . ~? ~,. ~T:~+ .' .......l,. . ?~." .~:. .~".. '." . ' November 28, 1994 r...."..1 ' ~~".~ . '<:: ;j>'/:" " ,"':" ,.' .. <t ... . ~~~'\'"' J:~Y:' /: .. . iV;c:....... ["::0.... ........ t.....~/l~ 0,. . " C ~~~L. ' C J- ::}X:;~:.:~:, ',' , t;~;{;~<;":,, , " , ~~~,~~::~:;:.'<" ' < ~...:.... <~< , ~ iR[i:>;::,:\,',:'~ '" , ,,'~ti'~:~~m~~t A~~i~i:~~ati ve Code , The Elliot Building 401 South Monroe, street '.",: " Tallaha~see, Florida 32399-0250 Si~:' ~Q Li Z~l~:J,5;hief Bureau of Administrative Code Ii;";:. :....... '. . .:.L:C/mw r[f;:::",~:"-:' ,.,' , i:~<O' '.',' ': /~:;,:" BEC~ +{/\',~;;,;:' " ' ...1 V ED l"""'" ' D ~;;;;(;:F ': . C:IT~ ~:.~ 1994 :~!tt;': ~',.: :,' ,: ~ DEPT. -..-:- I 17 " ;. --""I '~."'~D<L-~'?"1;,~:"~i;::"":".,Rf,I;'1:'~~',,,';:',\.'(.i']:J,'l:<'I\\;"'! .~,~ "~j;- , ,,';; ",," '...,7: ""'-.".-" ,'" ",_{,_ 1;;:~~,:.Itl"~~1m'l:.t;-I'.:"~;U1tII-~ ~,.'~<;" " ~ 0'; , ..', .>".',~' ,,' ,....----~~i~'(~~m!;'j;.'\~t~\:'&jli~~~lh~'_~P.-.. , ~~~ti_~~Io;\~~.;~I:;if,~>..:...~~l;>::...\.~...:_~;:_::;~.~1.,.'T;"..' ,. .'0'. ~.. ,'.' H.'.fit~ ~~p; : '~.'. .~)7!fr:.~,r.l,L}....~" '..~ ..........L..(" '~I'.;,.. \.' . r'. 1 '. . . ... " .' . . , , ~,YSf1i~,t':;{*]~r~fz~~;'<\'~) ': \:.~ \ ~.:.~~~:~~r. '.~'::~i ~~~/~:': '1~' ,::............:: '. ' .... ::.' H ;;.< ' ~ _' >.0", ,', oJ'. . ~'. . '. . ~ :.;> . .' ';' '" ; 0,' t. . j J . - . ", ~ ~ : ~.. .~: . ~1;:;J ,'tt"lr~I1""'Jtrt{~l''''' ".."t ....... ',tJt"".i,. .r_ ~ '~"~.I.." -tI"\ L 1~""' '...... ..... . _ _/ ~~\. "~"'" . .'.. .. .... ". '~I L.. _. >.r'._ I '~.' L," ~. ~l\ 4'j..r:i~,iJ.t."iI:''''' +' "'~""I't.""'I.: '..'. ....t ~ 11 .~~!' \,......... ... ".. , '_ '...' E. r '.. .~ ~ Ms.,Mary K. Diana :J\'ssistant City Clerk City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 Dear'Ms.' Diana: This' will' acknowledge your letter of November 21, 1994 and 'copy of Ordinance No. 5691-94 submitting to city electors ':'~ropos~dcharter amendments and copy of amended charter, which were filed in this office on November 28, 1994. For 'future use, our current address is: '" ,~~ ,. '.:~ . ~ ~ .:~ , . .' ..1.:..... . " . , . , : . ~ ','. :. '. '. . ~'.. . I..' . .' :. I . ',' .' . .. . ':. ...... : '. ~ '. . . . !).:\'T';.~.: ~ " 'c' , .',< ~ . \ , , '0.,.' " .~" .' '.; ~ , " ~1rJ'I"'Y~:-"'''''''''''''''~;'I'''-'''''''' .,...~T............... .., ...._.."._ .:OJ:' f: ..., . " , CANVASS 02:01am HoY 9 1994 GENERAL ELECTION PINELLAS COUNTY. FLORIDA NOVEMBER 8, 1994 Page 95 CLEARUATER REFERENDUM QUESTION NO. fOUR CLEARUATER CllARTER AMENDMENT CITY COHMISSION'S AUTHORITY TO PURCHASE REAL PROPERTY YES (for amendment) NO (ege(nst amendment) f" (0461) (0462) 26,024 5,643 82.18X 17.82X >, ~. CLEARUATER REFERENDUM ' QUESTION NO. fIVE CLEARUATER CHARTER AHENDMENT CITY toHHISSION'S TERM liMITS YES (for amendment) NO (egainst amendment) 26,582 6,007 81.57X 18.43X (0465) (0466) 'I"~ " " '. ~, . r," , ,,~, '.. >~ ' Precfnct (0461) (046l) (0465) (0466) Precfnct (0461) (0462) (0465) (0466) 108' 685 119 26 225 29 3 17 5 A053 AD55 ADS7 678 '213 19 " }:{, , ~ ~~ 3~ X 3X 'g :~~'~:': (';, ' ': ~~ 3S~ 13g, 38~ ,o~ j,;,.",:.,', 501, 158 54 168 48 \::~~:. ~." . '(J"." ',:..." .502 >:,,258 '",n, .. 294 ,,56': ',"', ;,:..', 503 ' 50 14 42 23 l'~L "> > " , , ;ff;f:>~~';:';::~,:!~~~ ,:,:,:. ::,: :~~:. 1~~' '~ ~~~ ~:>!:;.'::::::;:,,""'506 :-:' ,835 ,170 840' 192, ~;!"~~"~';:':"":'507"" :,' 730' ,192 723 220:," ,:t". '..: ':, ...' ' "... ! , " ;:Lf',', ";',,,,' :508':': : . '549 ' 145, 571? 147 ~:.5~:,,:~;,:,:,~j;~;t509: '<::~" 610 ",' 1,13 '...' ,644' " 150 '~~'8,:; ~~I'::""::',510',;, ,'.. 208, . ':; 52 "" '201\' 68.. ;,;2..:f.~,:.::/':(:',,51f"":'i'~" 333,~:'" ,68';",327,,' 8]' {:'->::<"~"':""513<'~:~,.: 586',: '160\> '591:< 182:, :'t(:<:C::::::;S15/;"~:: 549 ,'?: 154,j, 579'" 139 }~;:;: .c ..... " ",.' ~ ' ..... . ' . .' . >. . . I . . A't,,~.',':':;516, ~'~:' 309", '88'."324' 80 :,;~':~:("~;;~":517:"~'~'::'60' "26 ""47" 43 """P>';:~::,:,,~:' 518' : ,~';' ", 210 ',' , 43 ::-:,200' 63' (;'J:":':~:':':!519 >: 'f 911: ':189, 887, 244 ~~1'~;>,>,<",< 520' ,:,' , :,' 451" 142 '468' 139" ,;~:t~:;':"."\,:521,: ",' '762',~ ,132'" n9',' ',135 fi.;;I;,~:',.;",,',~,'..:522,' ',,462:"',90 ,485 83 )~;r',f:<':\:'l"'523,: ,'..1138':>2371197, 223 ~f/:J",;..i'-:::;,,:,:<'524:., ,,' ,,484 ,,' ,1.11, " 500 '.. '127'. t\<.':,:-,i:;:;,I" 525 ":,: ; , ,',0,,' ,', '0, ,0 0 ,'r..t'~'"'' '.' .: '526 ~.' ,";, 371' '. '103 '.' 368 109 ~fl~~',,~, ;Z !'.~:> ; > ~' ,.::. "', . c " ~;,~,:;)\,:\';',527,'.'", 557", 115, ,583 108 l~J.:;:,<:,:.,:: "'528; : <.. 522:", '142'" 549128 ~~%;~;~>:,;;;/'L553290 'X':'::::~}~~9' "-,; Z~43, ", :,1~3249" ,28525 ~!..,.~...;c.".;~:,. ." :,..,.,. .' ,f' . .. . ~:;~~}\.':':,<.;',,;53f;\'!:', 669. ,....121 , '664' '152 f;:,:,\{';'{:,"~,':'S32\, ,:,.,.',:'862 ',:'206:' ',899 ,195 t:i(.;i;::::.:'-':'-'S37,,::';","',639;-, ..118'", 649.. 132 ~~1'/.N~r~:,';"'::569; ::,::--185" . ,38 :,',,'85 , 43 J,!,~ "'J,.:':' ,605 '-':','1 ' ~19, ' ," 81' 427' 87 ~""".<:,i'~' ":,',;: ',' , , J1i~:':~Y,;,;:<:~6Q6': ::,: '~,,:386:..'... 113:; ,417, "0 .;1='v.,:"!, ::';. ,607,: . ':" ',602., :' 176 " 634 ' ,155 t-~::'~;':~:'.;:'"608<,~;'; :)~,783 ,"162"',, ,7aO 189, ' >::~~'J"::<'::.;,\609'~'>, >;;447-..' 137 c, 470 119 ~}~1."':...<....::.14~...\ ..~'c.:~c...t: '~>',"" 75'" , " '!;\:,?-?,;';";:',~'610";":,;/,3SL " 352 82 t-Jc~~'" .1. c It. . . r ''''.. . r ' :~: ;;;!i''::'{~:',:';61r''::'.,:;",''986~ :' ,150 .,999' ,: 188 :;~::;/:,/~,~~/( 612.>";" ~\. 659.' ,r "102. ':"_' 664 I /123 v''-' ....' . .-. ~ ~ , ~ ;'k!(!.'.: :,:.~~::::613:~,:.'- ::'-:,' 473""',: ',-97, 495,: 88 ~V-;<c~'l:; :': 618 :.~ '.> ;'; 674, 131 ," 679: 141 ;;;~~::.~./;~,.:': :"623< :,.,';',., :1'" " 0,: '1)' 0 trJ<.., ",: '>634';" '.'.; '''886 ~.. '173' 894 208 ' ~fl;~~f. ~ ~,\ ;. ~,i" '. . ~::'~. ~'. .' ~"'<",'!l\\":'''''' ,635,., '" ,930 152" 946 170 f,}f",:.-!;: ::~', ,A007" ::, ' '0 " '. ,0 '0 . 0 J.l'!!~:~~,',' ,: A026' ':, "-: ':"124 '7, .107 ,'" 21 '~:-.;,\,J "'. -' A029'; :,'" 0' 0 ,'0", 0 :j;.. ,~. J.. j l . _ . " 1,;',:"::::;1::',::A032;';', '..', 3 ' : 2 4 " ,'H(~!,:.';.' '\'A037. : .":', 79, "13'.' '79 '15 1':;'>:;:(':";"A038':':"0', , 0 0 0 <'"....., .; .' '" ' , r,f:/>,':'A039,,' ,.','2 :.".',1, 2 0 ?f8(, ?,':':"AD43 '..', . 474," ,66 ~7a 84 ~'0;;, ':' ; , " A048 " ' '278,,., ,31 267 45 ~i:'~t~~;ii:i:i~i~~~;,:)~~Cit:;,::,',:j,~.>,C;,/~-:~'.,-:..;{:,:~-. '.'" f"-l \~/ . , , o '""'1.1 'I ". ~ J'" ." '. . . ." ~ ': ':,,:;,~ "\~~~\':''''~;''':'~''-<'':'",::':' ,"