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11/16/1989 CITY COMMISSION MEETING November 16, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 16, 1989 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development 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 Ted Costello, Light of Christ Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. Two service pins were awarded to City employees. IV - Introductions and Awards. Employee of the Month (for November, 1989) - Jesse Dawsey, Sanitation Division. The Golden Boy Award was presented to the City Commission in recognition of their support in particular for the Condon Gardens Chapter, by Thomas Andrew from the Pinellas County Boys' Club. He expressed the need for more volunteers. VI - Minutes of the Regular Meeting and Special Meeting of November 2, 1989. Commissioner Winner moved to approve the minutes of the regular and special meetings of November 2, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Ernie Barger expressed his dissatisfaction with the attempts made to address his complaint regarding fish boxes and a freezer which block his business at the City Marina. He stated they had been moved only a few feet and questioned why his neighbor was permitted to have them when no one else does. The City Manager responded that it is an administrative problem but staff will look into the matter to see if anything else can be done to resolve it. Sam Lynch, representing the Clearwater Bombers, requested Commission support allowing the Bombers to sell advertising on the outfield wall. They need approximately $18,000 in order to continue operations. If they can raise $10,000, some investors have expressed a willingness to assist with the remaining needed funds. VIII - PUBLIC HEARINGS ITEM #9 - (Continued from 11/2/89) - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Gondolier Pizza, Inc. at 672-4 S Gulfview Blvd., Bayside Sub #5, Blk B, Lots 7, 8, 16-20. AB 89-15 (PLD) The applicant is proposing to sell beer and wine for on-premise consumption at a restaurant within the newly developed commercial center known as Waterview Centre. The primary use within the restaurant will be the sale of food and there will be no entertainment. The hours of operation will be 7:00 a.m. to midnight weekdays, and 7:00 a.m. to 1:00 a.m. on weekends. Parking conforms to the requirements for a retail center. Due to these factors, the request should not have a negative impact on neighboring properties or the city in general. The Planning Director reported the Planning and Zoning Board at its 11/14/89 meeting approved the conditional use with seven conditions. The Planning Director responded to concerns regarding parking stating it is adequate. Commissioner Nunamaker moved to approve a variance of 216 feet to allow a 2-COP licensed facility within 84 feet of a residential zone subject to the conditions imposed by the Planning and Zoning Board as follows: 1) the hours of operation shall be from 7:00 a.m. to midnight, weekdays, and 7:00 a.m. to 1:00 a.m., weekends; 2) the kitchen must remain open to within one hour of closing; 3) there must be no entertainment; 4) no package sales shall be permitted; 5) no outdoor speakers shall be allowed; 6) the variance to the separation requirement from residential zones must be obtained from the City Commission; and 7) the requisite occupational license must be procured within six (6) months. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker, Fitzgerald and Winner and Mayor Garvey voted "Aye;" Commissioner Regulski voted "Nay." Motion carried. ITEM #10 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Star Enterprise (Texaco) at 1499 Belcher Rd, Pinellas Groves, Section 19-29-16, part of Lot 9. AB 89-17 (PLD) The applicant is proposing package sales of beer and wine at a proposed Texaco Food Mart/Filling Station/Car Wash being developed in an unoccupied gasoline/service station. On October 31, 1989, the Planning and Zoning Board approved the conditional use with conditions. The proposed establishment involves a separation distance requirement variance from a similarly licensed facility. Discussion ensued regarding the proliferation of alcoholic beverage establishments in this area and whether there is justification to deny this request. Commissioner Regulski moved to deny the request. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski and Winner voted "Aye;" Commissioners Fitzgerald, Nunamaker and Mayor Garvey voted "Nay." Motion failed. Commissioner Nunamaker moved to approve a variance of 119 feet to permit a 2-APS licensed facility within 81 feet of another similarly licensed facility. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker and Fitzgerald and Mayor Garvey voted "Aye;" Commissioners Winner and Regulski voted "Nay." Motion carried. Discussion ensued regarding whether or not the separation ordinance for alcoholic beverage establishments should be reviewed. The Planning Director stated the Planning and Zoning Board is planning a workshop in mid-December on this matter and will make a recommendation to the Commission. ITEM #11 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Booth Marketplace, Inc. (Ramblin Enterprises of Florida, Inc.) at 1580 McMullen Booth Rd, South Oaks Fashion Square, Lot 1, AB 89-16 (PLD) The applicant is proposing a restaurant with nightclub, dancing, cabaret and cafe in the newly developed Clearwater Marketplace retail center. A variance is required because the proposed establishment is 120 feet from a RM-8 zone, however, it is actually 230 feet from the closest property line of a residential property in that district. The Planning Official stated the owner has had experience in operating this type of business as he presently operates Coyote's in Loehmann's Center. Richard Pavlick, the applicant, stated the proposed operation will be a full service restaurant and lounge. The entrance faces S.R. 590 and there is no direct street access to the residential area. The north end of the building is all windowed storefront and they propose a door facing toward S.R. 590. If the windows are removed and the door eliminated, the variance would not be required. There will be no dancing until 10:00 p.m. and food will be served until 1:30 a.m. There is room to seat approximately 400 people. Six people spoke in opposition to the request and a petition with approximately 166 signatures from Mission Hills residents was submitted in opposition. They cited concerns regarding traffic, safety, noise, and lowering of property values. Peter DeMarian, representing the Marketplace, spoke in support stating this would be primarily a restaurant use. Discussion ensued with concerns about the operation of a nightclub or cabaret being expressed. There was also concern that a planned residential development would be closer to the proposed restaurant than existing units. The Planning Director responded that existing uses would be grandfathered as to separation distance and another variance would not be required at the time the residential development is constructed. In response to a question regarding reported problems at Coyote's, he indicated they had not checked with the Police Department. In response to concerns expressed by the Commission, the applicant stated he would use the doors facing S.R. 590 only as an exit at night and would find ways to control traffic. Discussion ensued regarding concerns about noise, the hours of operation and that if the request is denied, the windows and door could be eliminated and the operation could still go forward. Concerns were also expressed regarding the proposed residential development. Commissioner Regulski moved to deny the request. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ordinance 4905-89 - Relating to Land Development Code, amending Sections 136.022 and 136.025, to establish standards for Off-Street Parking on Residentially Zoned Property - LDCA 89-09 (PLD) Pursuant to City Commission direction, staff has prepared this amendment which will provide for noncommercial parking lots for Public/Semi-Public uses in adjacent single family zones. The ordinance proposes to allow the noncommercial parking lots within single family zones as a conditional use upon approval by the Planning and Zoning Board. The use will be limited to overflow parking lots. The Development Code Adjustment Board and the Planning and Zoning Board both unanimously recommended approval of the amendment. Discussion ensued as to whether the amendment addressed the Commission's concerns. There was concern that the amendment as written is more restrictive than was intended and there was some question as to whether the word "adjoining" meant physically touching. Commissioner Winner moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #13 - Interlocal Agreement with Pinellas County regarding Clearwater Planning Areas. The proposed interlocal agreement with Pinellas County relates to the subject of planning for the unincorporated enclaves in and near the City. Because of an interpretation of the Growth Management Act by the Secretary of the Department of Community Affairs, a municipality's comprehensive plan is not supposed to show a land use category for any unincorporated enclave. Consequently, virtually every annexation will require a plan amendment. Plan amendments are subject to the "twice-a-year rule" with certain limited exceptions. However, a municipality and a county can enter into an interlocal agreement permitting the municipality to show land use categories for unincorporated enclaves. The City Attorney stated the interlocal agreement is similar to the one approved by the City Commission in May. The County Commission has entered into an agreement with Tarpon Springs and is requesting that agreements with other municipalities be similar. The difference between the Tarpon Springs agreement and the one the City Attorney proposes for Commission approval is that our Land Use Plan will be compared to the County-wide plan rather than the County's plan. Entering into the agreement would eliminate the land use plan process for those properties annexing and requesting the same Land Use Plan designation as noted on the City Plan. Commissioner Regulski moved to approve the interlocal agreement as presented by the City Attorney and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #14 - Second Reading Ordinance 4900-89 - Adoption of Comprehensive Plan Update. (PLD) The Comprehensive Plan was approved at a public hearing on November 2, 1989 and has been revised to reflect the action taken on that date in response to comments from the State, the public, and citizens. Portions of the complete plan document requiring approval action by the Commission include the goals, objectives and policies; requirements for capital improvements implementation; procedures for monitoring and evaluation and maps showing future conditions. One citizen requested changes to portions of the plan. She expressed concern that Policy 21.2.1 indicated that residential uses had the lowest priority for redevelopment. She also expressed concern regarding Objective 19.3 which ties the increasing public accessibility and adding parking spaces on the north end of the beach to being consistent with plans for beach renourishment. Discussion ensued as to the importance of indicating a specific order for redevelopment priority and whether there is a beach renourishment plan for north Clearwater Beach. It was pointed out that should beach renourishment be desired, the accessibility and parking will have to be provided. Commissioner Regulski moved to amend the Comprehensive Land Use Plan as follows: Objective 19.3 to read "Public access to the beach shall be enhanced by adding 200 parking spaces on Sand Key by 1990 and adding parking spaces increasing public accessibility (i.e. busses, bicycles) on Clearwater Beach concurrent with beach renourishment plans." and Policy 21.2.1 to read "Priorities for shore uses shall be water dependant uses, water related uses, and residential development. Priorities shall be considered in redevelopment programming, land use planning, zoning, and infrastructure development. Water related uses are defined, in order of priority, as public parking/support facilities, commercial/tourist facilities, marine sales and service, and marine products/processing." and per revisions provided by the Planning and Development Department (attached as Exhibit A and made a part of these minutes). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4900-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4900-89 with the Comprehensive Plan as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The Commission recessed from 8:42 p.m. to 8:47 p.m. Public Hearing - Second Reading Ordinances ITEM #15 - Ordinance 4817-89 - Amending land use element of comprehensive plan to change land use designation for property on E side of Belcher Rd. approximately 150 ft S of S. Lagoon Circle from Low Density Residential to Public/Semi-Public, Section 7-29-16, M&B 22.012. (Salvation Army) (LUP 89-06) The City Attorney presented Ordinance #4817-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4817-89 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #16 - Ordinance 4818-89 - Zoning for property as Public/Semi-Public (P/SP), Section 7-29-16, M&B 22.012. (Salvation Army) (A 89-10) The City Attorney presented Ordinance #4818-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4818-89 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #17 - Ordinance 4899-89 - Vacating portion of southerly 5 ft of 10 ft drainage and utility easement, Lot 13, Oak Forest of Countryside - McMurtry (V 89-15) The City Attorney presented Ordinance #4899-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4899-89 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #18-27) - Approved as submitted. Agreements - Approved. ITEM #18 - Pinellas County Sheriff to provide latent fingerprint services for a period of one (1) year at an estimated cost of $33,585.00 (PD) ITEM #19 - Florida Gas Transmission Company for natural gas services. (PW) Bids & Contracts - Approved. ITEM #20 - Gulf Life/American General, Cigna Corp., and Equicor - Extension of the current medical insurance contracts with certain benefit and rate modifications (AS) ITEM #21 - Koning Corporation for emergency replacement of the roof deck at City Hall, $149,500.00. (GS) ITEM #22 - PRS-Kingson, Inc., Largo, FL, for the purchase and installation of Concession Equipment at Jack Russell Stadium, $90,400.56 (P&R) Plans & Plats - Approved. ITEM #23 - Preliminary Site Plan for Morritt Square, located on the E side of Ft. Harrison Ave. and on the S side of Pinellas St., exclusive of the corner. PSP 89-14 (PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan*; 2) Hamlet Avenue and Tuskawilla Street shall be correctly identified in the revised legal description*; 3) to assure the development is planned, developed and maintained as an integral project, a Unity of Title shall be recorded prior to certification of the final site plan; 4) the applicant must obtain approval of the alley vacation or the plan must be revised accordingly prior to certification; 5) the front yard(s) open space calculation(s) must be given on the final site plan*; 6) the height of the building should be stated in feet*; 7) as recommended by Traffic Engineering, access should be limited to one point on S. Ft. Harrison Avenue. Design and location of driveways and parking areas are subject to review and approval by Traffic Engineering prior to submittal of the final site plan*; 8) curbing and pavement of existing driveways to be deleted shall be removed and landscaping, sidewalks and curbing parallel along the streets shall be installed in accordance with City standards. This shall be indicated on the final site plan*; 9) handicapped parking shall be shown on the final site plan as required by State law and subject to approval by the Traffic Engineer*; 10) required (existing and/or proposed) sidewalks shall be dimensioned on the final site plan*; 11) required site calculations shall be provided on the site plan*; and 12) signs and fencing/walls are subject to separate review and permitting processes. (* prior to D.R.C. review). ITEM #24 - Preliminary Site Plan for Publix (Additions) at Gulf-to-Bay Plaza located at 525 Belcher Rd. - PSP 89-34 (PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) existing and proposed setbacks shall be dimensioned on the final site plan*; 2) the size, location, orientation, and shielding of the trash container(s) shall be shown on the site plan*; 3) the three-laned driveway off Gulf-to-Bay Blvd shall be revised on the site plan for two-laned two-way traffic flow with a maximum width of 30 feet*; 4) a copy of the vehicular easement with the property to the south must be submitted to the City prior to certification of the site plan; 5) typical parking space dimensions shall be given on the plan in accordance with code requirements; 6) as per the Traffic Engineer, the parking spaces at the north end of the building shall be reoriented for an east to west flow. This shall be shown on the site plan*; 7) the driveways to be removed shall be replaced with curbing, sidewalks and landscaping in accordance with City standards; and 8) signs and fencing/walls are subject to separate review and permitting processes (*prior to D.R.C. review). Receipt & Referral - Received and referred. ITEM #25 - Petition for Annexation and RS-8 Zoning for a Lot located at 3000 Carolina Ave.,.15 acre, Bayview City, Blk 5, Lot 12, - A 89-21 Secure Rental Housing (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #26 - Drainage & Utility Easement, Lot 14, Blk A, Fairview Addition and Subordination Agreements with Citicorp Savings of Florida & John Weatherford (Gonsiewski). ITEM #27 - Water & Natural Gas Main Installation & Maintenance Easement - Section 33-28-16 (KOS Corp.) Commissioner Regulski moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Preliminary Subdivision Plat for Nielson's Subdivision located at the NW Corner of Belcher Rd. and Sunnydale Blvd. - James Nielson/First Bay Interests. SUB 89-09 (PLD) The applicant is proposing to subdivide the property for developing a separate doctor's office on the northerly portion. The applicant has chosen to plat this property as one lot with the remainder to be subdivided at a later date. Discussion ensued regarding the number of access points on Belcher Road. It was stated that policy allows only one access point. There was concern that the location of the access point be addressed due to the curve in the road. The Planning Director stated that the Traffic Engineer would address the access at D.R.C. review. Commissioner Regulski moved to authorize review and final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the preliminary plat shall be revised to include lot areas, and numbers for all lots for the entire property being subdivided, prior to review by D.R.C.; 2) the plat shall be limited to one joint point of access off Belcher Road; and 3) signs and fencing/walls are subject to separate review and permitting processes. The motion was duly seconded and carried unanimously. ITEM #29 - First Reading Ordinance 4906-89 regulating the procedure for cable television franchise awards (PIO) An ordinance to establish ground rules for the cable television franchise award process has been drafted. This ordinance doesn't affect the existing franchise, but will be useful if the City receives other franchise applications. It will be applicable when the existing franchise expires. The City Attorney pointed out that an application fee needs to be inserted under Section 6 on Page 5. An application fee will be determined and presented by second reading of the ordinance. The City Attorney presented Ordinance #4906-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4906-89 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #30 - North Greenwood Design Review Committee Appointments - 7 Members (CLK) Commissioner Nunamaker moved to appoint Lois Martin as the Clearwater Neighborhood Housing Services representative for a three year term. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Nelson Griffin as the design professional representative for a three year term. The motion was duly seconded and carried unanimously. Commissioner Winner moved to appoint Muhammad Abdur-Rahim to the at-large category for a two year term. The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to appoint Talmadge Rutledge as owner-merchant representative for a term of two years. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Mike Klapka as at-large alternate for a term of two years. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Other City Attorney Items - None. XIII - City Manager Verbal Reports The City Manager reported that the House is meeting in special session regarding the transportation bill. There has been no action on the bridge but our lobbyist is monitoring the proceedings. Discussion ensued regarding priorities of road projects. The Drew Street Overpass is still on schedule and the Belleair Road Project has been advanced. The Commission requested that an inquiry be made regarding advanced Federal funding for Clearwater Pass Bridge from unused federal dollars even if the State special legislative session fails to advance the bridge project. XIV - Other Commission Action Commissioner Regulski expressed concern that his questions regarding a variance granted by the Development Code ADjustment Board to McDonald's on the beach had not been answered. He inquired as to why the City Commission could not appeal the decision even though staff had decided against this action. The City Attorney responded that authority to appeal is given to the City Manager. Commissioner Nunamaker requested a status report regarding Dunedin Pass be presented to the Commission. He complimented the City Manager and his staff on being available to answer questions at the meeting. Commissioner Winner reported on a "glitch" in Land Use Plan procedures regarding the Babcock property north of S.R. 590 which the City approved OL zoning. The request was sent to the Pinellas Planning Council with a recommended Residential Office Land Use category. The Planning Council felt the property should be Office only and, therefore, denied the City's recommendation and recommended approval of an Office Land Use category. The County Planning Authority (County Commission) rejected both the City's recommendation and the alternate recommendation by the Planning Council. Because of the request going to the County Commission as a denial, the applicant was denied the right to appeal. It was the consensus of the Commission that a notice be sent to the Pinellas Planning Council and the County Commission stating it was always the City's intent that the property be developed as office only. It is staff's understanding that such notification will allow an appeal to go forward. XV - Adjournment The meeting adjourned at 9:35 p.m.