Loading...
07/02/1992 CITY COMMISSION MEETING July 2, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, July 2, 1992 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Michael J. Wright 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 Reverend Thurman Rivers of the Skycrest United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards 1 service award was presented to a City employee. ITEM #4 - Introductions and Awards Proclamations: Parks and Recreation Month - July 1992 ITEM #5 - Presentations a) Report of Traffic Engineer's recommendations regarding Clearwater Beach Traffic Operations (PW) At the Commission meetings of March 5 and April 2, 1992, the Traffic Engineer brought forward a number of proposals, including those of the Clearwater Beach Blue Ribbon Task Force, concerning new traffic circulation plans for Clearwater Beach. The Traffic engineer also presented a series of short term traffic operational improvements based on observations and discussions with beach representatives. After receiving public input, the Commission voted to direct the Traffic Engineer to finalize his proposals in regard to the following areas: 1) Conversion of South Gulfview parking lots to attendant parking; 2) Installation of improved guide signing; 3) Implementation of additional pedestrian protection measures; 4) Construction of minor intersection and operational improvements; and 5) Consideration of the removal of the sidewalk along the west curb of South Gulfview Boulevard, as a means of reducing the number of police aides needed for peak season traffic control. Peter Yauch, Traffic Engineer, reviewed the proposals as contained in his report titled "Clearwater Beach Traffic Operational Improvements" (attached as Exhibit A to these minutes). Ken Hamilton, Palm Pavilion Lessee, indicated there are still a few adjustments to be made to the plan. He also requested the changes not be made during the summer. ITEM #6 - Minutes of the Regular Meeting of June 18, 1992 and Special Meeting of June 29, 1992 Concerns were expressed regarding the wording in the minutes as to the direction given the City Manager regarding interim use of Maas Brothers. Some Commissioners wished stronger wording than "work up a proposal and to see if anyone would be interested in using the building as is". Concerns were expressed regarding the amount of money to be spent if the City Manager were to market the facility. It was the consensus the minutes be changed to read that "the City Manager promote the use of the building as is". A question was also raised regarding the minutes for the item in which the City purchased the Maas Brothers property from the Community Redevelopment Agency in regard to the language about liquidating the $1.3 million loan and those funds having been budgeted from Penny for Pinellas. There was no consensus to change this language. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of June 18, 1992 as amended on page 28, Item #46, and the special meeting of June 29, 1992, as submitted. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Anne Garris indicated the request of the Radisson to construct a marina will be coming forward again. She requested the protective signs be erected on the grass beds. Deborah Vincent of the Clearwater Housing Authority presented a check for $13,972.41 as payment in lieu of taxes for three of their facilities. A question was raised regarding whether or not some of these funds could be used for the recarpeting of the atrium at the Levison Center as this request was not recommended for funding through the Community Development Block Grant. Consensus of the Commission was this be done. Lois Cormier questioned whether or not there would be free parking downtown for the Fourth of July Celebrations and it was indicated there would be. She requested consideration of providing free parking at the library at all times as requested by another citizen. She requested efforts be made to locate other facilities in which to locate the employees currently housed in the annex which is in poor condition. She announced the South Clearwater Association will be holding a festival on July 25th, beginning at 7:00 a.m. She invited all to attend. Jay Elliott complained regarding Clearwater not having removed a negative line from his credit report. He alleged wrong doing by City employees and stated he would provide proof of same. He requested his good credit be returned. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #5247-92 - Vacating W 6.5' of the easterly 10' utility easement lying along the E side of Lot 26, College Hill Park Unit 1 (Girard V92-10)(PW) The applicant has a pool structure which encroaches approximately 1.9 feet into the easement and the decking another 2.5 feet. The City has no existing utilities within this easement. The Building Inspector's office reports "the house was built in 1971 and the swimming pool was permitted and built in 1978. The pool cage was permitted and built in 1984." This pool was constructed prior to the recently-instigated process whereby impending encroachments are more readily discovered and precluded. This petition has been reviewed by various City Departments/Divisions concerned and by the three utility companies and there are no objections to the vacation request. Commissioner Fitzgerald moved to approve the subject vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5247-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5247-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #9 - Public Hearing - Vacating 7.5' drainage and utility easement lying in Lot 314, Morningside Estates Unit 3B (Bewley/Taylor V92-12)(PW) The applicant has a pool structure which encroaches approximately 2.7 feet into the easement and the decking another 3 feet m.o.l. The applicant is asking that the full 7.5 foot platted easement be vacated. The City has no existing utilities within this easement. The Building Inspector's office reports "the house was permitted and built in 1966. The swimming pool was added in 1979." This pool was constructed prior to the recently-instigated process whereby impending encroachments are more readily discovered and precluded. When reviewed by various City departments/divisions concerned with vacation requests, the Engineering Division objected to vacating the full 7.5 feet of the easement. Engineering is requesting that only that portion of the easement where the structural encroachment is located be vacated (the West 3.0 feet of the 7.5 foot easement less the North 25 feet). General Telephone and Vision Cable have no objections to the request. Florida Power has no objection to vacating the South 73 feet of the East 7.5 foot easement. Commissioner Regulski moved to deny the applicant's request to vacate the full 7.5 foot easement and approve the vacation of the west 3.0 feet of the east 7.5 foot easement lying in Lot 314, Morningside Estates Unit 3B, less the north 25 feet and direct the City Attorney to prepare a vacation ordinance for the next Commission meeting. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ords. #5225-92, #5226-92 & #5227-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 2184 Burnice Dr., Glen Ellyn Estates, Lot 3, 0.21 acres (Jones A92-03, LUP92-10)(PLD) This request is for annexation of a developed residential lot, addressed as 2184 Burnice Drive, in order for the applicant to obtain City sewer service. The area is developed as a single family residential community. The applicant's lot is contiguous to the City along its north and east property lines. It is proposed the applicant's property be given the same Future Land Use Classification, Low Density Residential, and RS-6 Zoning as the other properties in Glen Ellyn Estates which are in the City. The applicant's lot meets all of the dimensional requirements for a lot in a RS-6 district. The Planning and Zoning Board recommended approval of the requests at their June 16, 1992 meeting. The Countywide Future Land Use Plan classification of Low Density Residential (5 u.p.a., max) for the applicant's lot has a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a., max). Consequently, Pinellas Planning Council review of the City's proposed Future Land Use classification will be required. Commissioner Berfield moved to approve annexation, a land use plan amendment to low density residential and RS-6 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5225-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5225-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5226-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5226-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5227-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5227-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #5228-92, #5229-92 & #5230-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1748 W Manor Ave., Clearwater Manor, part of Lots 23 & 24, 0.20 acres (Shower A92-06, LUP92-12)(PLD) This request is for annexation of a residential lot, addressed as 1748 West Manor Avenue, in order for the applicant to obtain City sewer service. The area is developed as a single family residential community. The applicant's lot is contiguous to the City along its front and rear property lines. It is proposed the applicant's property be given the same Future Land Use Classification, Low Density Residential and RS-8 Zoning as the other properties in Clearwater Manor which are in the City. The applicant's lot meets all the dimensional requirements for a lot in a RS-8 district. The Planning and Zoning Board recommended approval of the requests at their June 16, 1992 meeting. The Countywide Future Land Use Plan classification of Low Density Residential (5 u.p.a., max) for the applicant's lot has a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a., max). Consequently, Pinellas Planning Council review of the City's proposed Future Land Use classification will be required. Commissioner Deegan moved to approve annexation, a land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5228-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5228-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5229-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5229-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5230-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5230-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #5231-92, #5232-92 & #5233-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1741 W Manor Ave., Clearwater Manor, Lot 40, 0.14 acres (Tucker A92-05, LUP92-11)(PLD) This request is for annexation of a residential lot, addressed as 1741 West Manor Avenue, in order for the applicant to obtain City sewer service. The area is developed as a single family residential community. The applicant's lot is contiguous to the City along its north and west property lines. It is proposed the applicant's property be given the same Future Land Use Classification, Low Density Residential and RS-8 Zoning as the other properties in Clearwater Manor which are in the City. The applicant's lot meets all the dimensional requirements for a lot in a RS-8 district. The Planning and Zoning Board recommended approval of the requests at their June 16, 1992 meeting. The Countywide Future Land Use Plan classification of Low Density Residential (5 u.p.a., max) for the applicant's lot has a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a., max). Consequently, Pinellas Planning Council review of the City's proposed Future Land Use classification will be required. Commissioner Regulski moved to approve annexation, a land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5231-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5231-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5232-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5232-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5233-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5233-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #13 - Alcoholic Beverage Separation Distance Variance for property (Greek Pavilion Restaurant) located at 421 Cleveland St., John R Davey's Resub, Blk B, Lot 3 and part of Lot 2 (Tsafatinos AB92-09)(PLD) This is a request to permit an alcoholic beverage sales establishment to be located 203.48 feet from a church zone where the code requires such an establishment to be located a minimum of 300 feet from a church zone. The subject property is located 203.48 feet from the Peace Memorial Church property and 228.5 feet from the Calvary Baptist Church property. Within 300 feet of the subject property are two 4-COP-SRX alcoholic beverage sales establishments - Chateau Madrid and the Ritz Restaurant. The proposed use appears to be a desirable one given the need to provide additional entertainment/dining facilities in downtown Clearwater. No negative comments have been received from other city departments. On June 16, 1992, the Planning and Zoning Board granted approval to the conditional use permit associated with this request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months; 2) Approval shall be for on-premise consumption only, with no package sales; and 3) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission. In response to a question, it was reported the application indicates the hours of operation will be 11:30 a.m. to 10:00 p.m. Commissioner Regulski moved to approve a variance of 96.52 feet to allow alcoholic beverage sales 203.48 feet from a church zone. The motion was duly seconded and carried unanimously. ITEM #14 - Amend the 1991-92 Community Development Block Grant (CDBG) Final Statement to delete demolition from the 1991-92 Final Statement, reallocate $29,000 that was budgeted for demolition and allocate $25,724 in surplus program income as follows: 1) Ervins's All American Youth Club - $15,000; 2) Tampa Bay Community Development Corp. - $15,000 and 3) City Housing Rehabilitation - $24,724 (PLD) In 1990-91 the City received $175,724 in loan repayments. Only $150,000 in repayments were budgeted for 91-92, therefore $25,724 is eligible to be reprogrammed. Demolition funds allocated in the 1991-92 Final Statement have not been used to avoid duplication of the City's existing demolition lien program; the $29,000 allocated to this activity is proposed to be reprogrammed. There are several Federal restrictions on CDBG allocations. Federal requirements limit the expenditures for public services and program administration. Of the $54,724 in reprogrammed funds, a maximum of $20,618 could be allocated to public services. Staff strongly recommends the City's additional public service commitments be limited to $15,000; because actual expenditures made to subrecipients can overlap from one program year, it is necessary to keep committed funds below the statutory maximum. The City's total committed funds for public services under this recommendation will be $141,282 or $5,618 below the HUD-mandated maximum. Several agencies were denied funds for 1991-92. The unfunded requests were reviewed by staff and the YWCA/Adolescent Pregnancy and Parenting Program coordinator remains a valid request. This position has been filled but is unfunded and is currently running at a deficit. Requests for mid-year allocations have been received from Ervin's All American Youth Club and Tampa Bay Community Development Corporation (TBCDC). The Youth Club is requesting funds to continue operations while faced with a financial shortfall due to loss of a State grant. The Youth Club was allocated $15,200 for operations in the 1991-92 Final Statement. On March 19, 1992 the Commission approved a contribution of $10,000 to the Youth Club. On April 2, the Commission considered extension of the agreement for use of the facility at Holt Avenue. TBCDC has fully committed the entire $20,000 allocation included in the 1991-92 Final Statement. The requested funds will be used for the TBCDC Direct Assistance Loan Program to provide down payment assistance for purchase of existing houses by qualified low or moderate income families. Funds will be provided for down payment assistance for approximately 9 families. The $24,724 balance of surplus funds is requested to be allocated by the City Housing Rehabilitation Program. Additional rehab funds have been allocated under the HOME program, however, funding for administration is not eligible under HOME. The recommended allocation will permit the City and CNHS to fully utilize HOME revenues. The NAC approved this amendment at their meeting of May 26, 1992. Concerns were raised regarding whether or not adjustments should be made to this mid-year amendment due to recent information regarding cutbacks to Neighborhood Housing Services (NHS) funding. Further concerns were expressed regarding reallocation affecting the other two agencies that have been recommended for additional funding. Issay Gulley, representing NHS, indicated they received a call from the State late this afternoon and were told their funding had been cutback more than 50% in the State budget. It was indicated that NHS is a private non-profit organization that assists the City of Clearwater in improving the economic climate and housing stock in the North Greenwood area. Discussion ensued regarding the need to make a decision at this time as there may be other alternatives for funding for NHS. Greg Schwartz, representing Tampa Bay Community Development Corporation, indicated they provide housing assistance citywide and they too need financial assistance. Anne Garris, representing Ervin's All America Youth Club, indicated State funding had been cut from them previously and they desperately need the $15,000 recommended. Commissioner Berfield moved to amend the 1991-92 Community Development Block Grant (CDBG) Final Statement to delete demolition from the 1991-92 Final Statement, reallocate $29,000 that was budgeted for demolition and allocate $25,724 in surplus program income as follows: 1) Ervins's All American Youth Club - $15,000; 2) Tampa Bay Community Development Corp. - $15,000 and 3) City Housing Rehabilitation - $24,724. The motion was duly seconded and carried unanimously. ITEM #15 - 18th Year Community Development Block Grant (CDBG) Final Statement and Objectives for FY 1992-93 (PLD) The City will begin the 18th year of CDBG funding on October 1, 1992. The 18th year entitlement award is $808,000 and program income is expected to generate $127,000; the 1992-93 budget will allocate $935,000. The application prepared for submittal to HUD allocates funds for Public Services (13% of total budget), Public Facilities (2%), Infill Housing (31%), Homeless Facilities (2%), Housing Rehabilitation (36%), Economic Development (5%) and Administration (11%). Twenty-five requests for funding were received from 20 separate agencies. These funding requests and the 1992-93 budget were the subject of the NAC meetings held on May 19 and May 26, 1992. The budget included in the Final Statement is the committee's recommended budget. Federal regulations limit Public Service expenditures to $147,500 (15% of the sum of the 1992-93 grant award plus 15% of 1990-91 program income). Administrative expenses are limited to 20% of the budgeted amounts. Jiffy Johnson, representing the Community Services Foundation, thanked the Commission for their past support and requested continued funding as recommended. Martha Skelton, representing Community Pride Child Care, thanked the Commission for past support. She indicated the Holt Avenue Center needs alot of interior renovation. She stated the recommendation is to provide $10,000 of the $50,000 requested. She reported the air-conditioning is a priority at the Holt Avenue Center and stated Community Pride really needs $22,500. Thomas H. Beatty, representing Youth Builders, handed out a copy of Youth Builders Mission Statement. He indicated they work with at risk youth in the North Greenwood area and work with other agencies. He stated the grants requested will be used to pay salaries for students. In response to a question, he indicated Youth Builders is a non-profit organization incorporated in Clearwater and the primary efforts are in Clearwater but they are considering expanding to St. Petersburg. In response to a question, it was indicated the funds will begin to be spent during the first part of the year. It was stated most of the money would not be spent until the program is in place but seed money is needed at this time. In response to a question, Mr. Beatty indicated Youth Builders is working with the school system as well as the vocational technical school. He stated Youth Builders was in place approximately a year and a half ago and was successful, however, due to funding problems of the parent agency, the program was terminated. He stated they are trying to reorganize and make the program operational again. He stated students work part-time during the school year and full-time during the summer. J. D. Eastridge, representing the Clearwater Police Department, reported on the efforts to recruit minorities for police officer positions and the law enforcement apprentice program. He stated last year the funding allowed them to hire three police aides which allow these individuals to learn what it is like to be a police officer in Clearwater. All have expressed an interest in becoming Clearwater police officers. This year they are requesting additional funding to hire more aides and the Department will match the grant through confiscated drug monies. He stated that effective in August, the St. Petersburg Junior College will be providing an Associate Degree in Law Enforcement and upon graduation, individuals can be hired as certified police officers. In response to a question, he stated the recommended funding will fund close to two additional aides and all the funds go toward salary. Danielle Taylor, representing the Girl's Club, thanked the Commission for their past support. She stated they are requesting support this year for King's Kids which is a tutorial program for girls in the North Greenwood area. Barbara Green, representing the Homeless Emergency Project, requested additional funding. She stated currently they are serving 198 people per day and with the additional funding 230 per day could be served. Ervin Harris, representing Ervin's All American Youth Club, passed out a brochure regarding the club. He stated they are grateful for the past support received and he requested that all people pull together to make the best use of the monies provided. Issay Gulley, representing NHS, stated the program is beginning to make a difference in the North Greenwood area and requested any funding that is available. Nancy Kaylor, representing Partners in Self Sufficiency, thanked the Commission for their past support and encouraged continued support of the program. Four citizens spoke regarding the program. One indicated some concern regarding Youth Builders as it was an organization they were unfamiliar with. Another spoke supporting Ervin's Youth Club. One requested the program be approved as submitted as a great deal of work had gone into making the recommendation. The fourth citizen requested consideration be made to funding some of these requests through the $2 million surplus in the General Fund. Discussion ensued regarding whether or not additional funding could be provided from the General Fund and it was indicated this should be discussed during the budget process. A concern was raised regarding how the recommendations were determined and it was indicated that the Neighborhood Advisory Committee annually looks at the programs, and based on their knowledge of the area and the programs, make their recommendation. It was stated they go through a grueling process and many of the agencies do find other funding sources. The Planning and Development Director indicated they are developing a new computation which will better inform the Commission of the benefits of each program. Commissioner Fitzgerald moved to approve the 18th Year CDBG Final Statement and Objectives for FY 1992-93 as follows: a) Public Service - 1) Ervin's All American Youth Club to provide staff salaries - $15,850; 2) Youthbuilders Inc. to provide for seven participate salaries at minimum wage, to train low-income teenagers in building trades and a neighborhood based program that will rehabilitate deteriorated buildings within the neighborhood - $11,900; 3) Boys and Girls Clubs of the Suncoast Inc. to provide operating support for the program located at Condon Gardens - $14,400; 4) Girl's Inc. to fund a certified teacher and supplies for afterschool tutoring program at Condon Gardens - $13,600; 5) Girl's Inc. to provide operating support for staff salaries - $7,200; 6) City of Clearwater Police Department Law Enforcement Apprentice Program matching funds to pay police aides salaries - $10,400; 7) Partners in Self Sufficiency operating support to provide comprehensive support system of education, housing, child care and counseling for low income families - $13,000; 8) Community Service Foundation to provide emergency rental counseling and assistance eviction counseling, referrals and housing placement - $34,200. b) Public Facilities - 1) Sanderlin Head Start Center to provide funds to assist in the purchase and installation of a modular classroom - $5,300; 2) Community Pride Child Care Center to provide partial support of building renovation - $10,000; 3) Tampa Bay Community Development Corporation to provide down payment assistance and administrative support for low and moderate income families to purchase housing in Clearwater - $27,000; 4) Pinellas Habitat for Humanity to provide funds for the purchase of building lots for construction of new housing for low income families - $20,000; 5) Clearwater Neighborhood Housing Services to provide administrative services to acquire land, provide client screening and counseling for predominantly low and moderate income families, to acquire new homes in the North Greenwood Infill Housing Area - $20,000; 6) City of Clearwater Infill Housing Development Program to provide appraisals, funds for land acquisition and administrative assistance for the North Greenwood Infill Housing area - $218,650. c) Homeless Facilities - 1) Homeless Emergency Project funds to renovate a deteriorated structure at 606 Hart Street to provide transitional housing - $15,500; 2) Religious Community Services to replace deteriorated vinyl flooring in mobile homes used as emergency housing - $5,000. d) Owner Rehabilitation - 1) Clearwater Neighborhood Housing Services to provide intake, screening and loan processing to close loans for owner occupied housing rehabilitation - $18,000; 2) City/Owner Occupied Rehabilitation Program to provide administrative services for City loans, inspection services for all City and CNHS loans, loanable funds for deferred payment loans and guarantees for Challenge loans - $318,000. e) Economic Development - 1) CNHS to provide administrative support and loanable funds for job creation activities in the North Greenwood neighborhood - $50,000. f) Administration - 1) CNHS/HOME alternative funds to allow CNHS to develop homeownership opportunities for qualified families in the North Greenwood area - $7,000; 2) City of Clearwater administration of subrecipient contracts, program monitoring , financial reporting and compliance with applicable Federal regulations - $80,000; 3) City of Clearwater/HOME administer local funding under the HOME program, assure compliance with program regulations, maintain project records and provide financial reports - $20,000. The motion was duly seconded and carried unanimously. The meeting recessed from 8:30 p.m. to 8:38 p.m. ITEM #16 - (Cont. from 6/18/92) Public Hearing - Vacating Spruce St., between Blk 2 & Blk 3, J.H. Rouse Sub., subject to the r-o-w being retained full width as a drainage & utility easement, elimination of the existing business on the W side of Spruce St. and filing a replat or Unity of Title covering the property on both sides of Spruce (Jimmie V92-07)(PW) The applicant has requested a continuance of this item to the September 17, 1992 meeting. Commissioner Berfield moved to continue this item to the scheduled Commission meeting of September 17, 1992. The motion was duly seconded and carried unanimously. ITEM #17 - (Cont. from 6/18/92) Public Hearing - Vacating Hart St. r-o-w lying S of Hart's 2nd Add. to Clearwater, Blk 3, part of Lot 8 together with Lots 9, 10 and vacated alley lying between Lots 9 & 10, and N of Jones' Sub. of Nicholson's Add., Blk 3, Lots 6 thru 8, and part of Lot 9 (Gangelhoff/Gulf Marine V92-01)(PW) The applicant has withdrawn this request. No action needed. Public Hearing - Second Reading Ordinances ITEM #18 - Ord. #5193-92 - regarding specific floor area standards for certain classes of accessory uses; classify an individual dwelling unit attached to a hotel/motel as an accessory use, amending Sec. 136.008 (LDCA92-06) The City Attorney presented Ordinance #5193-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5193-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #19 - Ord. #5211-92 - Annexing property located at 1591 Owen Dr., Orange Blossom Sub., Lot 6 (Kidder A92-01) The City Attorney presented Ordinance #5211-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5211-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #20 - Ord. #5212-92 - Land Use Plan Amendment to Low Density Residential for property located at 1591 Owen Dr., Orange Blossom Sub., Lot 6 (Kidder LUP92-07) The City Attorney presented Ordinance #5212-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5212-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #21 - Ord. #5213-92 - RS-8 Zoning for property located at 1591 Owen Dr., Orange Blossom Sub., Lot 6 (Kidder A92-01) The City Attorney presented Ordinance #5213-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5213-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #22 - Ord. #5214-92 - Annexing property located at 3053 Cherry Lane, Sec. 16-29-16, M&B 22.18 (Oxley/Goodine A92-02) The City Attorney presented Ordinance #5214-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5214-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #23 - Ord. #5215-92 - Land Use Plan Amendment To Low Density Residential for property located at 3053 Cherry Lane, Sec. 16-29-16, M&B 22.18 (Oxley/Goodine LUP92-06) The City Attorney presented Ordinance #5215-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5215-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #24 - Ord. #5216-92 - RS-8 Zoning for property located at 3053 Cherry Lane, Sec. 16-29-16, M&B 22.18 (Oxley/Goodine A92-02) The City Attorney presented Ordinance #5216-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5216-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #25 - Ord. #5221-92 - Annexing property located at 1744 Lagoon Circle West, Clearwater Manor, Lot 99 (Chamberlain A91-07) The City Attorney presented Ordinance #5221-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5221-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #26 - Ord. #5222-92 - Land Use Plan Amendment To Low Density Residential for property located at 1744 Lagoon Circle West, Clearwater Manor, Lot 99 (Chamberlain LUP91-08) The City Attorney presented Ordinance #5222-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5222-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #27 - Ord. #5223-92 - RS-8 Zoning for property located at 1744 Lagoon Circle West, Clearwater Manor, Lot 99 (Chamberlain A91-07) The City Attorney presented Ordinance #5223-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5223-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #28 - Ord. #5234-92 - Vacating N 6' of the S 10' utility easement lying in Grovewood Sub., Lot 74 (Cole V92-09) The City Attorney presented Ordinance #5234-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5234-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #29 - Ord. #5237-92 - extending term of franchise with GTE, Florida by six months to 12/31/92 The City Attorney presented Ordinance #5237-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5237-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #30 - Ord. #5248-92 - mid-year amendments to the 1991/92 operating budget Commissioner Berfield moved to amend Ordinance #5248-92 by attaching revised Exhibit A. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5248-92 as amended with a revised Exhibit A for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5248-92 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #31 - Ord. #5249-92 - mid-year amendments to the 1991/92 capital improvement project budget The City Attorney presented Ordinance #5249-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5249-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #32-49) - Approved as submitted. Agreements - Approved. ITEM #32 - Grant Agreement with Neighborly Senior Services, Inc. to fund the feeding of elderly at group dining facilities, provide nutritional education and enable participating elderly to be screened for other outreach programs for $11,660 (AS) Bids & Contracts - Awarded. ITEM #33 - Purchase & installation of replacement ballfield fencing at Marymont Park from Smith Fence Co., Clearwater, FL, for $15,013 (PR) ITEM #34 - Extension & funding for 2nd year of 5 year contract with Davis Water and Waste Industries Inc., for sludge hauling and disposal for the Water Pollution Control Division for the period 7/3/92-7/31/93 for an est. $240,000 (PW) ITEM #35 - Contract for Carpenter Field Observation Platform/Runways to Thorp Construction, Inc., Clearwater, FL, for $27,182 (PW) ITEM #36 - Purchase of a Graphite Furnace for the Water Pollution Control Division from Perkin-Elmer Corp., Lake Mary, FL, for $36,886.36 (PW) ITEM #37 - Contract for Memorial Civic Center Wall Repair & Morningside Recreation Center Wall Replacement to M.P.J. Miller Construction, Inc., St. Petersburg, FL, for $23,743 (PW) ITEM #38 - 1992 Street Resurfacing Contract to R.E. Purcell Construction Co., Inc., Odessa, FL, for $756,767.29 (PW) Citizens & Staff Requests - Approved. ITEM #39 - Acquisition of additional street r-o-w, 199 sq.ft. m.o.l., at the intersection of Seminole St. and N. Ft. Harrison in exchange for constructing a walkway and wheelchair ramp at the Clearwater Garden Club at an approximate cost of $750.00 (PW) ITEM #40 - Amendment to 17th Year CDBG Final Statement to add $22,500 for CNHS operation of the Infill Housing Program (PLD) ITEM #41 - Reappointment of Oliver Woodruff as a Clearwater representative on the Pinellas County Industry Council (CLK) ITEM #42 - Authorize City to file suit in small claims court vs. Shadrick Williams for damage to city vehicle in the amount of $1,200 (CA) Change Orders - Approved. ITEM #43 - C.O.#2 to Joint Clwr/FDOT Utilities Relocation Agreement for S.R.55 (US19) from south of Enterprise Rd. to north of S.R.580, increasing the contract by $73,827.60 for a new total of $601,503.92 (GAS) ITEM #44 - C.O.#1-Final to the structural repair to Sand Key bridge contract with Misener Marine Construction, Inc., increasing the amount by $47,543.27 for a new total of $722,778.27 (PW) Receipt & Referral - Received and Referred. ITEM #45 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 3160 McMullen-Booth Rd., Sec. 21-28-16, M&Bs 23.04, 23.05, 23.06, 23.08 & 23.13, 17.35 acres m.o.l. (McCullough A92-07, LUP92-13) (PLD) ITEM #46 - IPD Zoning for property located at 22067 US19, Clearwater 19 Commerce Center, Lot 1, 14.13 acres m.o.l. (Kunnen Z92-07) (PLD) ITEM #47 - Proposed LDCA addressing height restrictions (LDCA92-12)(PLD) Agreements, Deeds & Easements ITEM #48 - 15' water main easement - Sec. 21-29-15 (Morton Plant Hospital Association, Inc.) ITEM #49 - 40' drainage & utility easement - Sec. 6-29-16, Blackburn's Sub., Lots 8 & 9 (Whiteco Industries, Inc.) Commissioner Fitzgerald 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #50 - Stipulation Agreement regarding adding conditions to the previously approved conditional use permit and terminate appeal regarding True Value Supermarket located at 1205 N. Greenwood Ave. (PLD) The Commission authorized staff to pursue the appeal of the conditional use permit for the True Value Supermarket located at 1205 N. Greenwood Avenue. The appeal was based upon consistent code violations (including alcoholic beverage sales violations) by the property owner, as well as concerns about the negative impacts of excessive concentrations of alcoholic beverage sales in the North Greenwood community. Since the initiation of the appeal, the Police Department has observed the applicant's behavior and compliance. These observations, supported by comments from the community, lead staff to believe the applicant is successfully operating within the code requirements. A petition signed by a number of citizens supporting the dropping of the appeal has been received. Staff has discussed the appeal and its associated issues with the North Greenwood Association (NGA) and the Neighborhood Housing Services (NHS) Board of Directors. The North Greenwood Merchants Association has previously gone on record of supporting the use with some conditions. However, the NGA agreed the sale of alcoholic beverages was a problem in the community; both the NGA and the NHS Board have appointed committees/task forces to consider the issue and develop a written policy. The NGA, absent a formal policy, has suggested staff limit its efforts to precluding new establishments from locating on North Greenwood Avenue and solving neighborhood impact problems of existing establishments. The groups currently appear to be comfortable with a policy of no net increases in the number of alcoholic beverage establishments on North Greenwood Avenue. Consequently, instead of continuing with the appeal, staff feels it would be advantageous for the City, the applicant and the community to pursue a settlement agreement which would add the following new conditions to those imposed by the Planning and Zoning Board: No sale of beer in glass beverage containers holding less than 32 ounces; No sale of alcoholic beverages shall occur before 8:00 a.m. Monday through Saturday and 1:00 p.m. on Sundays; and the applicant shall replace the windows on the front part of the building to the satisfaction of the North Greenwood Merchants Association prior to the expiration of the trial period. Staff feels the addition of these conditions will enable the applicant to be consistent with the wishes of the community. The Planning and Development Director indicated they went to the community for input and there is an informal policy to only allow the number of alcoholic beverage establishments currently in existence. He stated the Police Department has monitored the situation and recommends the City pursue the settlement agreement adding the three conditions. The applicant has agreed to the conditions. Four citizens representing the North Greenwood Merchants Association spoke in opposition to the condition regarding no sale of beer in glass beverage containers holding less than 32 ounces. They are particularly concerned regarding conditions being placed on businesses in the North Greenwood area that are not placed on businesses in other areas of the City. There were also concerns that this limitation would drive the applicant out of business. Concerns were also expressed regarding an article in one of the newspapers seeming to indicate that the conditions would apply to all businesses in the North Greenwood area. It was indicated that limiting the size of glass beer containers sold at this facility will not reduce problems in the area. It was also stated the Merchants Association has hired a contractor to clean-up North Greenwood Avenue every morning. Carlton Ward, attorney representing the applicant, stated his client has agreed to the conditions; however, he has concerns regarding the input being received from the people in the area. He stated the applicant paid over $100,000 for the store and over 50% of his revenue is from the sale of alcoholic beverages and that 90% of that is from cold alcoholic beverages. He stated there was confusion in March when this application was originally considered. He requested the Commission allow the conditional use to go forward as granted by the Planning and Zoning Board as there is community support for this business. Discussion ensued regarding whether or not the additional conditions would be discriminatory in that it would impose conditions on this business which are not imposed on any others. Discussion ensued regarding dropping the appeal with only adding the condition regarding replacing the windows in the front of the building. It was indicated the front windows are not the responsibility of the business owner, but rather, the property owner, who has not given permission for those windows to be replaced. A question was raised regarding the Planning and Zoning Board's restriction of a 9:00 p.m. closing and Mr. Ward indicated the applicant does not object to that closing time. Commissioner Regulski moved to drop the appeal to the Planning and Zoning Board's decision but to add a condition that the windows on the front of the building be replaced subject to the approval of the building owner with all due diligence to obtain that approval. The motion was duly seconded and carried unanimously. Discussion ensued regarding additional alcoholic beverage requests in the North Greenwood area coming forward to the Commission shortly. A question was raised regarding whether or not these were included in the original 7 alcoholic beverage establishments on North Greenwood. It was indicated they are. It was emphasized that the task forces in the North Greenwood area will be addressing this concern and they will be producing a policy regarding alcoholic beverage establishments in this area. ITEM #51 - Beautification Committee - 1 appointment (CLK) Commissioner Berfield moved to appoint Theodore Serrill. The motion was duly seconded and carried unanimously. ITEM #52 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #53 - Res. #92-44 - Requesting Pinellas County to cancel and discharge certain tax liens upon municipal property and grant tax exemptions The City Manager presented Resolution #92-44 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-44 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #54 - Other City Attorney Items - None. ITEM #55 - City Manager Verbal Reports The City Manager indicated he was hopeful he could find a tenant for the Maas Brothers property and requested further direction regarding the actions the Commission wished him to take in this regard. In response to a question, he indicated the monthly utility bill for the building was $20,000 when it was occupied by Maas Brothers. He also indicated the air-conditioning system is in terrible shape. Majority consensus of the Commission was that up to $5,000 be spent to advertise for possible tenants and some of this advertising be done locally. It was requested that publicly there be a positive attitude regarding a use of the building. The City Manager reminded the Commission of the meetings on Monday, July 7th for setting the trim millage rate and a joint meeting of the Community Redevelopment Agency and Downtown Development Board at 5:30 p.m. ITEM #56 - Other Commission Action Commissioner Berfield complimented staff regarding a letter that was received from Island Estates residents indicating City employees had done a great job in responding to Island Estates after a tornado. The City Manager further reported that a gas meter reader working in Belleair noticed an unwarranted use of gas in an empty building which caused him to notify the appropriate officials. It was found that repairs being done by a private contractor had resulted in a broken internal gas connection. He reported the incident was handled professionally and he will report to the Commission regarding the name of the individual. Commissioner Regulski stated he is a candidate for County Commissioner and submitted a letter of resignation to the City Clerk as required by State Statute. Mayor Garvey requested the City Attorney to review the existing legislation regarding the Pinellas County Industry Council to see if it is in need of amendment or rewriting. ITEM #57 - Adjournment The meeting adjourned at 9:48 p.m.