08/13/1992 CITY COMMISSION MEETING
August 13, 1992
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 13, 1992 at 6:00 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.
No minister was present to offer the invocation.
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
Four service awards were presented to City employees.
ITEM #4 - Introductions and Awards
The Parks and Recreation Annual Appreciation Award was presented to the Tampa Tribune for their contributions to leisure activities in Clearwater.
Certificates of Appreciation for bringing signs into compliance prior to the deadline were presented to 13 companies.
ITEM #5 - Presentations
David Abelson presented the North Area Council's proposal regarding the Community Center in Countryside. He requested the funds alloted be increased from $500,000 to closer to $1,000,000
and that construction be moved forward from its current FY95/96 schedule. He announced Countryside Day will be an event held on September 27, 1992.
ITEM #6 - Minutes of the Regular Meeting of July 16, 1992
Commissioner Berfield moved to approve the minutes of the regular meeting of July 16, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The
motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Fred Thomas requested consideration be given to not placing major purchases on the consent agenda.
Bob Owens requested a waiver of fees for a benefit concert being given to raise funds for the medical bills of Brooke Becker who is in a coma as the result of being struck by a truck.
No action taken.
Henry Merrick complimented staff for their cooperativeness in putting together the benefit event.
Jay Elliot requested a certificate of final inspection and the guarantees and warranties for the rehabilitation work on his home. He requested the Planning and Development Director
be directed to correct alleged misinformation given to the Times.
ITEM #8 - Florida Gulf Coast Art Center
City staff has been negotiating with the Florida Gulf Coast Art Center (FGCA) to enter into an agreement regarding the FGCAC's use of the Maas Brothers site. A previous recommendation
had been that the City lease the property to the FGCAC for 99 years at a dollar per year. It has since been found that the City Charter prohibits leases longer than 15 years.
Tim Mariani, Vice-President of the FGCAC, stated they can still accomplish what the City and the FGCAC wish to. He recommends the eastern half of the Maas site be conveyed to the FGCAC
for a nominal cost and the FGCAC will bear the cost of demolition and reconstruction on the site. He stated it is understood the western portion of the site would be retained by the
City and most likely used to expand Coachman Park.
He stated development of the property would be subject to the zoning regulations which would require a 78 foot setback from Cleveland Street, to provide the required vista and to accommodate
a turning radius at Osceola Avenue and Cleveland Street. Parking would be under the building and there is a possibility for additional parking through a joint venture. There would
also be cross easements for access. The FGCAC is requesting this be placed on a ballot for referendum. The agreement reached would require closing to occur no later than two years
after the referendum, the permit for construction to be obtained no later than three years after the referendum and that the certificate of occupancy be required within five years of
the referendum. Demolition of the building would occur after the building permit is obtained.
He stated this will be a substantial investment in downtown Clearwater and that negotiation of the easements is still needed. He reviewed how this proposal would meet the recommendations
of the Maas Brothers Task Force. He stated there would be sufficient control for the City with a reverter clause in the agreement tied to the use of the property as an art center.
He requested the question be submitted to a referendum in November.
Pete Woodham, representing the Chamber of Commerce, indicated they support the FGCAC, however, it may only be a piece of an entire enhancement plan. He suggested that a RFP be sent
out to see if there is interest by developers and to delay the referendum until the March election. He stated if proposals are promising, those should go to referendum and the City
should look at the big picture.
Fred Thomas, representing the Cleawater Beach Association, stated they are not for or against the FGCAC however, they would like four questions to go to referendum to include: 1) Let
the Belleair Art Center have the Clearwater Bluff as recommended by the City Manager at no charge; 2) Let the citizens of Clearwater have the entire Clearwater Bluff as a free and open
space park; 3) Sell the bluff to the developer that will create the most exciting commercial development to the maximum possible use of the bluff giving no height restriction to the
buildings; and 4) Use the Maas Brothers building as a temporary site for small conventions until the remainder of downtown Clearwater is redeveloped and then decide what you want to
do with the bluff.
Howard Groth, Secretary of PACT, stated there was another possible solution, that being a ground lease similar to that between PACT and the City.
One citizen spoke in support of the proposal stating develoment of the FGCAC would be significant to Clearwater and would have an enduring life.
One citizen spoke stating the voters should decide and the property should not be given away.
Gil McArthur, President of the FGCAC, stated they are requesting the question be placed on the ballot for referendum. He stated that as a private business person, he looked at the
property prior to the City acquiring it and there were no developers interested in it. He stated if the referendum is postponed, the FGCAC will loose the momentum it has gained and
he stated they are not the Belleair Art Center but rather the Florida Gulf Coast Art Center. He stated the referendum will be a starting point to the FGCAC making a several million
dollar improvement to the property.
In response to a question, Mr. McArthur indicated the FGCAC would need 100 parking spaces on a day to day basis and would need some overflow parking for major events.
One citizen spoke requesting the referendum be delayed until March so that it is not mixed in with the major election in November. He also indicated that malls pay taxes and furnish
their own parking.
One citizen spoke opposing any giving away of the property. He said it will cost money to let the building sit there until the FGCAC is ready for it and questioned what the citizens
of Clearwater would get out of the agreement.
Discussion ensued regarding the options for conveying the property with suggestions being made that rather than conveying the property, easements be granted with shared parking.
Suggestions were also made that rather than donating the property, the FGCAC pay fair market value or if not, to word the question in such a way that the City is not selling the property
but rather donating it to the FGCAC.
Concerns were expressed regarding placing a question on the ballot prior to all the details being worked out in the agreement.
Concerns were also expressed regarding no activity taking place on the property for three to five years and it was suggested the City demolish the building and then see if anyone is
interested in developing it.
Additional concerns were expressed that if all the details were not worked out prior to the referendum, the question would be defeated. It was also stated that the City Manager has
been directed to provide information regarding the Maas Brothers property as a possible new City Hall site which may impact the Commission's decision regarding the FGCAC.
Discussion ensued regarding the ability to remove the question from the ballot once it is placed on it. The City Clerk indicated she must notify the Supervisor of Elections Office
on October 1 if the question is to be removed.
A suggestion was made that the FGCAC consider a higher purchase price if the City is willing to wait ten years to start receiving payment. The City Attorney indicated this was not
an option available to the City.
Mr. Mariani indicated the building is of no value to the FGCAC and they are willing to assume the obligation to demolish it and to develop the project. He stated the project will
bring a large number of people into downtown Clearwater. He stated the FGCAC is only asking for an opportunity to let the people vote on the issue.
Commissioner Regulski moved to place the question on the ballot of November 3, 1992. The motion was duly seconded. Upon the vote being taken; Commissioners Regulski, Berfield, Deegan
and Mayor Garvey voted "Aye"; Commissioner Fitzgerald voted "Nay". Motion carried.
Commissioner Regulski moved that the agreement be finalized prior to September 28, 1992. The motion was duly seconded. Upon the vote being taken; Commissioners Regulski, Berfield,
Deegan and Mayor Garvey voted "Aye"; Commissioner Fitzgerald voted "Nay". Motion carried.
The City Manager requested direction regarding what should be in the agreement and it was indicated the parking issues and a sale price of less than appraised value should be included.
Commissioner Regulski moved that the ballot question include the sale of the property for less than appraised value. The motion was duly seconded. Upon the vote being taken: Commissioners
Regulski, Berfield and Deegan voted "Aye"; Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried.
The City Manager stated the appraised value of the property for the entire site is $3 million and questioned what price the Commission wished to have in the agreement. It was indicated
this was to be negotiated with the FGCAC.
Some suggestions were made that the building not stay in place for two to three years and it was stated there are many issues that need to be included in the agreement.
PUBLIC HEARINGS
ITEM #9 - Public Hearing & First Reading Ord. #5255-92 - Vacation of Pine Street r-o-w (formerly Grove St.) lying S of Starr and Savery's Add., Blk 3 Lots 3 & 4 and N of Blk 5, Lots
1 & 2 (Church of the Ascension, Inc. V92-02)(PW)
The Commission approved the vacation of Pine Street between Orange Avenue and Bay Avenue on April 2, 1992. Ordinance #5196-92 was passed on second and final reading and adopted May
21, 1992. That ordinance contained an error in the legal description. Section 1 of Ordinance #5255-92 amends the legal description to correct the error.
The City Attorney presented Ordinance #5255-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5255-92 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 #10 - Public Hearing & First Reading Ords. #5251-92, #5252-92 & #5253-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at
1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel A91-03, LUP91-03)(PLD)
The applicant has requested annexation in order to obtain City sewer service.
The applicant's lot is contiguous to the City on all four sides. The surrounding land has a City "Future Land Use Classificaiton" (FLUC) of Low Density Residential and RS-8 Zoning.
It is proposed to assign the same classification and zoning to the applicant's property. At their
meeting on August 4, 1992, the Planning and Zoning Board recommended approval of the request.
The County's FLUC for the applicant's property is Low Density Residential which has a lower maximum density than the City's proposed FLUC of Low Density Residential. Consequently,
Pinellas Planning Council review of the City's proposed FLUC 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 #5251-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5251-92 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 #5252-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5252-92 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 #5253-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #52535-92 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. #5260-92, #5261-92 & #5262-92 - Annexation, Land Use Plan to Low Density Residential and RS-6 Zoning for property located at 3160 McMullen-Booth
Rd., Sec. 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 & 23.13, 17.35 acres (McCullough A92-07, LUP92-13)(PLD)
The subject property is bounded by Turtle Brooke Subdivision (RS-6/LDR) on the north, Eagles Glen Condo (RM-16/MDR) on the west, Countryside Sports Complex (P/SP) on the south and two
churches and a day care center (P/SP) on the east. The owner's residence is on the north portion of the property. The property has a 40 foot access corridor out to McMullen-Booth Road
and is addressed as 3160 McMullen-Booth Road. Except for the 40 foot access along McMullen-Booth Road, the property is contiguous to the City around its perimeter.
The applicant desires to subdivide his property into large lots in keeping with the development to the north of his property. It is proposed to give the property the lowest density
FLUC the City has, LDR and the same zoning as Turtle Brooke to the north, RS-6. Development will occur after annexation. The proposed plat will go through the normal City review process
including presentation to the Commission. The property is in the County water service area and will receive water service from them. City sewer service is available at the northeast
corner of the property.
City natural gas service is available from an 8 inch main on the west side of McMullen-Booth Road. The east 50 feet of the 40 foot access from McMullen-Booth Road will be within the
future right-of-way of McMullen-Booth Road and is not proposed to be annexed.
At their meeting on August 4, 1992, the Planning and Zoning Board recommended approval of the request. The proposed FLUC will be subject to both Pinellas Planning Council and State
review.
The Planning and Development Director indicated the RS-6 Zoning Classification is being requested in order to provide flexibility regarding setbacks although plans are to have lot sizes
larger than the minimum required by that zoning district.
Commissioner Regulski 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 #5260-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5260-92 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 #5261-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5261-92 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 #5262-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5262-92 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 - Variance to Sign Regulations for property (Carillon Rug Cleaners, Inc.) located at 1107 N Ft. Harrison Ave., Palm Bluff First Add., Lots 4, 5, 13 & part of 3 (Rice SV92-10)(PLD)
The applicant is requesting a sign variance to permit modification of an existing pole sign to allow that sign to serve as the only sign identifying the business. The Carillon Rug
Company's signage includes: a pole sign containing two panels, totalling 104 square feet in area, the same pole sign exceeds 20 feet in height and is within the required setback from
the property line and multiple business identification signs (attached signs), considerably larger than the 15 square feet allowed.
The applicant is proposing to modify the existing 104 square foot pole sign to delete the bottom panel (reducing the total area of the sign to 72 square feet), lowering the height of
the sign to 20 feet and moving the sign structure to no closer than 5 feet from any property line. As modified, the sign would conform with the height and setback requirements but would
not meet the 56 square feet area limitation.
The applicant proposes to eliminate all attached signage as a condition of obtaining a variance for the larger pole sign area. Under the current regulations, the attached signage could
not exceed 15 square feet in area.
Under the current sign regulations, a pole sign in the Neighborhood Commercial zoning district could contain 56 sq.ft. of sign area. Under the proposed sign regulations and the Countywide
Sign Regulations, a pole sign in the CN district could contain a maximum of 50 sq.ft. in area.
If the applicant reduces the pole sign to 56 sq.ft., no further changes to the sign area would be required under the new regulations, since signs brought into compliance with the current
(1985) code are not subject to further amortization requirements. In effect, if the applicant complies with the current regulations now, the sign will contain 6 sq.ft. in area more
than it would be allowed to have under the proposed regulations.
Also under the proposed regulations, the applicant would be allowed to have a 48 sq.ft. attached sign. This signage would be allowed in addition to any allowable pole sign.
Despite the applicants' offer to bring the existing sign into compliance with setback and height regulations, as well as eliminate all attached signage, staff feels the request is primarily
based on economic matters, rather than some unique condition associated with the property. The applicant is proposing to modify an existing sign structure to minimize the cost of sign
code compliance. Consequently, staff feels the applicant is not in compliance with the required standards for approval for the granting of variances.
Robert Rice, owner, stated taking down all existing attached signs and reducing the size of the pole sign would result in a 350% reduction of current signage. He stated the remaining
sign would only be 16 square feet too large.
A suggestion was made that he consider lowering the sign further to make it a ground sign rather than a pole sign. He indicated he would have to investigate this possibility.
Commissioner Regulski moved to continue this item to the next regularly scheduled meeting of September 3, 1992. The motion was duly seconded and carried unanimously.
ITEM #13 - Variances to Sign Regulations for property (Kmart Corp) located at 2130 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.03 (Clearwater Property Group SV92-11)(PH)
The applicant is requesting two variances to allow the installation of three attached signs, totaling 401 sq.ft. on the renovated K-Mart building located at 2130 Gulf to Bay Boulevard.
The proposed sign sizes are: 1) Main store identification sign - 127 sq.ft.; 2) K-Mart Pharmacy identification sign - 120.5 sq.ft.; and 3) K-Mart Garden Shop sign - 153.5 sq.ft.
Under the current regulations, the business could be classified as a freestanding business establishment and would be entitled to a 64 sq.ft. freestanding sign and a 15 sq.ft. attached
sign. The applicant appears to have no problems meeting the freestanding sign requirements, but is interested in obtaining larger attached signage.
Despite the limitations of the current and proposed code for this site, staff feels the area of the subject property (approximately 5 acres) creates a unique situation for property
zoned General Commercial. The K-Mart building is in excess of 100,000 sq.ft. in gross floor area, and while not technically classified as a shopping center, tends to function as one.
Consequently, staff would recommend considering the K-Mart Store as though it was a shopping center and grant signage as follows: 1) Main K-Mart Store (major tenant) - 128 sq.ft.;
2) Pharmacy (minor tenant) - 48 sq.ft.; and 3) Garden Shop (minor tenant) - 48 sq.ft.
These allowances would permit the main K-Mart sign as proposed by the applicant, but would require some substantial reductions in the area of the proposed pharmacy and garden shop signs.
The recommended sign areas are essentially the same as those allowed for the Target and Home Depot garden shops.
The above approach is similar to that taken for facilities such as Albertson's, where the overall facility was treated as a commercial complex. However, the K-Mart store is not eligible
for such consideration since both the Pharmacy and Garden Shop are accessed from the interior of the store and thus do not function as separate business entities, unlike the Albertson's
Liquor Store which can be operated entirely independently from the Grocery Store.
Jim Polatty, Planning and Development Director, stated the building is 380 feet from Gulf to Bay and is 500 feet wide, therefore, it is fair to treat it as a shopping center with major
and minor tenants. He stated there have been no structural changes to the building and the side streets are Gun and Main Avenues. He stated he has concern regarding granting a variance
based on the proposed bonus to be included in the sign code and had asked the applicant if they would continue this item. The applicant preferred not to do so.
Paul Taylor, representing the applicant, stated K-Mart has done extensive renovations and that what is being considered is a sign with no flashing lights, etc. He stated it is a large
building and the signs will not be concentrated in one area with over 200 feet between the signs. He stated there is almost 10,000 square feet of store frontage and the signs being
requested would be only 3% of the building.
Discussion ensued regarding the existing signs and the ones being requested. In response to a question, Mr. Taylor indicated the pole sign in front of the property is 64 square feet.
Discussion ensued regarding the request with it being suggested that K-Mart be eliminated from the Garden Shop and Pharmacy signs and it was questioned what variance would be needed.
Calculations were made and it was indicated the Pharmacy sign would be 51.5 square feet, the Garden Shop sign would be 65.3 square feet and the main sign would be 126 square feet.
Therefore, a variance of 227 square feet would be needed.
Commissioner Regulski moved to grant three signs in lieu of one and a variance of 227 square feet over the 15 square feet allowed subject to the following conditions: 1) there shall
be no other permanently attached signage on the building (excepting incidental attached signage such as credit card or business hours signs attached to the entrance doors) and 2) all
requisite permits shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously.
ITEM #14 - Alcoholic Beverage Distance Separation Variances for property (Waterfront Pizza Rest) located at 490 Mandalay Ave., Clearwater Beach Park, Lots 57-63 and part of 64 (Mary
G Realty, Inc. AB92-07)(PLD)
The applicant is requesting two alcoholic beverage separation distance variances to permit a new 2-COP (beer/wine sales for on-premise consumption) alcoholic beverage license. The
proposed closing time for the operation will be 12 midnight, with outdoor sales limited to 11:00 p.m.
Two variances are required to permit alcoholic beverage sales due to the proximity of a similarly licensed establishment (Pelican Restaurant) and the existence of a CR-28 zoning district
immediately abutting the subject property on the west side.
The proposed use is replacing two previous alcoholic beverage sales establishments previously at this location, Chubby's Pizza and Fritz's Market.
At their meeting on July 14, 1992, the Planning and Zoning Board granted a conditional use permit for the applicant subject to the following conditions: 1) There shall be no other
alcoholic beverage sales uses (both package and on-premise consumption) within the shopping center; 2) Approval shall be for on-premise consumption only with no package sales; 3) The
requisite occupational license shall be obtained within six months from the date of this public hearing; 4) The building shall be used in such a manner as to retain its status as a retail
center (not more than 400 sq.ft. of outdoor seating area shall be provided); 5) The applicant shall obtain the requisite separation distance variances from the Commission; 6) The applicant
shall meet the perimeter landscaping material requirements of Sec. 136.023 along the north side of the property and shall incorporate a low (30-inch tall) wall or fence into the site
design to physically separate the restaurant patrons from the street right-of-way and the north side driveway; 7) All signage on the property shall be brought into compliance with the
City sign regulations on or before October 13, 1992; 8) The closing time for the use shall be no later than 11:00 p.m. for exterior seating and 12 midnight for interior seating; and
9) There shall be no entertainment or outdoor speakers associated with the use.
The applicant also previously received a conditional use permit from the Planning and Zoning Board on February 18, 1992; this permit was appealed by an adjoining property owner and
has been replaced by the second conditional use permit. No persons spoke in opposition to the most recent conditional use permit, however, a petition from surrounding property owners
was received for the first request.
Nick Gionis, owner, stated they have been in operation for six months.
A question was raised regarding the petition. It was indicated the petition was initiated by a neighboring property owner who has since sold their property.
In response to a question, it was indicated alcoholic beverages would be served in the outside seating area.
Commissioner Deegan moved to approve a variance of 132 feet to allow alcoholic beverage sales within 68 feet from a similarly licensed establishment and a variance of 297 feet to permit
alcoholic beverage sales 3 feet from a residential zone for the subject property. The motion was duly seconded and carried unanimously.
ITEM #15 - Alcoholic Beverage Distance Separation Variances for property (El Mexicano of Clwr Inc.) located at 731 Bayway Blvd., Bayside Shores, Blk C, Lots 1-10 (Kebort AB92-11)(PLD)
This is a request for two variances to the alcoholic beverage separation distance requirements to allow a 2-COP establishment to be located within 75 feet of a residential zone and
zero feet of a similarly licensed establishment. The applicant's establishment is in the commercial complex located between Bayway and South Gulfview Boulevards west of Gulf Boulevard.
The establishment has 1,600 sq.ft. of interior floor space with an approved seating capacity of 60. There is no outdoor seating. The establishment is intended to be a family-style,
Mexican retaurant serving beer and wine with meals. It was previously located in Sunshine Mall.
Previously Sharkey's occupied this location. They had a license for alcoholic beverage
sales but have been closed for over a year. There is a residentially zoned area (CR-28) located 75 feet north of the applicant's establishment across Bayway. There are two similarly
licensed establishments in the same commercial complex, Cafe Casino and Island Breeze Cafe.
At their meeting on July 14, 1992, the Planning and Zoning Board approved the conditional use permit for on-premise consumption subject to the following conditions: 1) Closing time
shall be no later than 10:00 p.m., Monday through Thursday, and 11:00 p.m. on weekends; 2) The applicant shall obtain the requisite alcoholic separation distance variances from the Commission;
3) Approval shall be for on-premise consumption only with no package sales; 4) There shall be no entertainment, outdoor seating or outdoor speakers; and 5) Seating shall be limited to
table seating only, with no bar seating.
Commissioner Fitzgerald moved to approve a variance of 225 feet to allow alcoholic beverage sales within 75 feet from a residential zone and a variance of 200 feet to permit alcoholic
beverage sales zero feet from a similarly licensed establishment for the subject property. The motion was duly seconded and carried unanimously.
ITEM #16 - Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Rest) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48, part of 64 and 65-71 (Pelican
Two, Inc. AB92-12)(PLD)
This is a request for two variances to the alcoholic beverage separation distance requirements to allow a 4-COP establishment 70 feet from a residential zone and 92 feet from a similarly
licensed establishment. The establishment has an inside seating capacity of 330 people, and subject to the granting of the requested variances, will have an additional outside seating
area of 800 sq.ft. for an additional 53 seats.
At their meeting on July 14, 1992, the Planning and Zoning Board approved a conditional use permit for the applicant's expanded service area, the outside seating, subject to the following
conditions: 1) The proposed outdoor use area shall not exceed 800 sq.ft. and the interior use area shall not exceed 9,100 sq.ft.; 2) Outside seating shall be limited to 53 people; 3)
The 31 on-site parking spaces shall be in accordance with the requirements of the Approved Site Plan; 4) Within 60 days of this public hearing, the dumpster shall be relocated to a site
approved by the City's Solid Waste Division and screened; 5) The applicant shall obtain the requisite separation distance variances from the Commission; 6) There shall be no outdoor
speakers or entertainment; and 7) Off-site parking for this use shall continue to be provided as in the past. It was also noted the Board agreed "that this approval is an instrument
that will assist in the development of Clearwater Beach and not an escape to the existing parking problem."
The later language in the Planning and Zoning Board's motion was intended to address the parking issue. Although the applicant is adding the necessary on-site parking spaces to accommodate
the addition, staff wanted an assurance that the off-site parking (located on the east side of Mandalay Avenue) would be available to serve the site; staff consequently recommended the
conditional use permit approval contain a condition that a long term parking agreement or a unity of title be required. The applicant did not want to have this condition
included because it affected negotiations underway to redevelop the off-site parking area. Regardless of the redevelopment project, the applicant will be required to provide no fewer
than the current number of spaces available to serve the site or, alternately, reduce the size of the restaurant.
The applicant's property, upon which his establishment is located, is split between two zoning districts. The zoning of the property fronting on Mandalay Avenue is Beach Commercial
while the lots fronting on Gulfview Boulevard are zoned CR-28.
The Planning and Development Director indicated the former expansion of the restaurant, when it was the Pelican, was predicated on off-site parking being provided. He stated there
is now a potential for redevelopment across the street in the area in which the parking is provided and if that parking is no longer available, it could cause problems for the restaurant.
Trish Muscarella, representing the applicants, stated they took over the property in February of 1992 and in an attempt to redevelop and do something good for Clearwater Beach, they
opened up the restaurant, installing a deck to make it more tropical. She stated there will be no music outside and that outdoor service will cease at 11:00 p.m. She stated the applicants
can not get a Unity of Title regarding the off-site parking. The only thing being considered today was the 10 additional parking spaces needed for the 800 square foot expansion. She
stated the action of 1982 is still valid.
The City Attorney indicated there is an agreement as far as the City is concerned regarding the off-site parking as an easement, which has been recorded, cited the existence of the
parking. It is assumed the parking east of Mandalay is available to the restaurant. He stated there is an impression that the applicants are maneuvering to position themselves where
they can split off the parking east of Mandalay.
Ms. Muscarella indicated there is a discrepancy regarding the number of spaces needed and that parking needed for the restaurant is better addressed at the time of redevelopment of
the property and, again, the only issue is the ten spaces needed for the addition.
The City Manager indicated that while the issue tonight is the ten spaces, staff wants to get on record regarding the off-site parking and that granting this variance has no effect
on the requirement to provide the off-site parking east of Mandalay.
Discussion ensued regarding the need to condition granting of the variance based on the continued provision of the parking on the east side of Mandalay.
The City Manager reiterated staff wishes to put everyone on notice that if redevelopment occurs in the off-street parking area, accommodations will have to be made to provide parking
for the restaurant.
Questions were raised regarding how many spaces would be needed and it was indicated this was not known at this time.
Commissioner Regulski moved to continue this item to the next regularly scheduled meeting of September 3, 1992 in order to obtain more information regarding the required parking. The
motion was duly seconded and carried unanimously.
ITEM #17 - Alcoholic Beverage Distance Separation Variance for property (Macau Chinese Rest) located at 1261 Gulf Blvd., Suite 104, Radisson Bayside Hotel, Lot 1 (The Shoppes Assoc.
Ltd. Partnership AB92-10)(PLD)
This is a request for a separation distance variance to allow a new 2-COP establishment to be located 170 feet from a residential zone. The proposed new restaurant will be named "Macau
Chinese Restaurant" and will provide no outdoor seating. The restaurant is located within the "Shoppes of Sand Key" adjacent to the Radisson Hotel. The proposed hours of operation
are from 11:00 a.m. to 10:30 p.m. on weekdays and 11:00 a.m. to 11:00 p.m. on weekends. A separation variance is required because of the existence of a RM-28 zoning district immediately
abutting the subject property on the west side.
At their meeting on July 14, 1992, the Planning and Zoning Board approved the conditional use permit for on-premise consumption subject to the following conditions: 1) The sale of
beer and wine shall be restricted to on-premise consumption with no package sales; 2) The requisite occupational license shall be obtained within six months from the date of this public
hearing; 3) There shall be no outdoor seating or other expansion of the floor area devoted to the proposed use; and 4) The applicant shall obtain approval from the Commission for the
requisite separation distance variance.
The police department has no problem with this request. Although there are residential uses in the vicinity of the proposed new establishment, staff perceives no negative impacts because
the residential uses are separated from the proposed establishment by a major street right-of-way.
In response to a question, it was indicated no objections have been received regarding this request.
Commissioner Fitzgerald moved to approve a variance of 130 feet to allow alcoholic beverage sales 170 feet from a residential zone. The motion was duly seconded and carried unanimously.
ITEM #18 - Alcoholic Beverage Distance Separation Variances for property (Paloscio's Pizza & Pasta Inc.) located at 1261 Gulf Blvd., Suite 110, Radisson Bayside Hotel, Lot 1 (The Shoppes
Assoc. Ltd. Partnership AB92-13)(PLD)
The applicant is requesting two separation distance variances to permit a new 2-COP alcoholic beverage license for Paloscio Pizza & Pasta. The proposed closing time for the operation
will be 10:00 p.m. weekdays and 11:00 p.m. on weekends. The restaurant is located within the "Shoppes of Sand Key" adjacent to the Radisson Hotel.
Two variances are required due to the proximity of a similarly licensed establishment (Macau Chinese Restaurant) within the same retail center and the existence of a RM-28 zoning district
immediately abutting the subject property on the north side.
At their meeting on July 14, 1992, the Planning and Zoning Board approved a conditional use permit subject to the following conditions: 1) The requisite occupational license shall
be obtained within six months from the date of this public hearing; 2) There shall be no outdoor seating; 3) The sale of beer and wine shall be limited to on-premises consumption with
no package sales; and 4) The applicant shall obtain approval from the Commission for any requisite separation distance variances.
Commissioner Fitzgerald moved to approve a variance of 130 feet to allow alcoholic beverage sales 170 feet from a residential zone and a variance of 200 feet to permit alcoholic beverage
sales zero feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously.
ITEM #19 - Second Reading Ord. #5256-92 authorizing the issuance of Mortgage Revenue Refunding Bonds not to exceed $6,450,000 regarding Drew Gardens Retirement Community Project and
Res. #92-54 - 1)authorizing the issuance of Mortgage Revenue Refunding Bonds for Drew Gardens Apartments project not to exceed $6,450,000; 2) authorizing the form and execution of the
indenture and loan work-out agreement; 3) approving the bond purchase agreement; 4) appointing a bond trustee, registrar and paying agent; 5) authorizing an official statement for bond
issuance and delivery; and 6) authorizing redemption of certain prior bonds (AS)
On July 16, 1992, following a required Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) public hearing, the Commission adopted Resolution #92-47 authorizing the issue of Mortgage
Revenue Refunding Bonds for the purpose of refunding the City's $6,450,000 Mortgage Revenue Bonds, Series 1983, for the Drew Gardens Apartments project. Bond Ordinance #5256-92 approving
the form of the financing documents by resolution was passed on first reading as an accompanying action.
Passage of Ordinance #5256-92 on second reading and Commission adoption of Resolution #92-54 will: 1) authorize the issuance of not to exceed $6,450,000 Mortgage Revenue Refunding
bonds; 2) approve the form, execution and release of the financing and public disclosure documents including the Trust Indenture, Loan Work-Out Agreement, Bond Purchase Agreement and
Official Statement; 3) authorize execution of the bond issue financing documents by the Mayor; and 4) appoint Bank One, Columbus, Ohio as Trustee, Registrar and Paying Agent for the
bond indenture.
The closing for the sale of the bonds must take place prior to September 1, 1992 for the refunding action to be effective. As now scheduled, the closing will take place on August 18,
1992 following the sale of the bonds on August 13th. It is again important to note that, when issued, the Refunding Bonds will not constitute an indebtedness or obligation of the City.
In response to questions, it was indicated it is clearly understood there is no financial
obligation to the City and to place this at all signature locations would not be necessary. It was also stated revenues of the City could only be attached if the City decides to make
that gift and add that pledge.
The City Attorney presented Ordinance #5256-92 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5256-92 on second and final 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 Resolution #92-54 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-54 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #20 - (Cont. from 7/16/92) Public Hearing & First Reading Ord. #5236-92 - LDCA deleting "cut-off" provisions for sign variances, amending Sec. 134.015 (LDCA 92-08)(PLD)
The current City sign regulations contain a provision requiring all applications for sign variances to be received a minimum of 90 days prior to the October 13, 1992 sign amortization
deadline. Because the sign code has been scheduled for numerous revisions in keeping with Commission direction concerning both the Countywide Sign Code and other changes proposed by
staff and the public, many sign owners have delayed seeking variances until they have a clearer idea of how the proposed new regulations will affect them.
Since the new regulations have just recently been finalized for receipt and referral, staff believes it is appropriate to delete the 90 day "cut-off" provision in order to allow sign
owners the maximum opportunity to comply with current or proposed regulations. At their meeting of August 4, 1992, the Planning and Zoning Board recommended approval of this code amendment.
In response to questions, it was indicated those non-conforming signs that do not have variance approval will be subject to code enforcement procedures with penalties for non-compliance
being imposed by the Code Enforcement Board.
Commissioner Berfield moved to approve a land development code amendment deleting "cut-off" provisions for sign variances. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5236-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5236-92 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 #21 - Public Hearing & First Reading Ord. #5254-92 - Amending Secs. 135.150, 135.1524 & 136.025 to allow child day care as a conditional use in the IL and RDOP districts (LDCA 92-10)(PLD)
The provision of child day care within industrial and other intensive employment areas is becoming increasingly common, and is even offered as a benefit by some employers. This proposed
code amendment would establish child day care as a conditional use within the Limited Industrial and Research, Development and Office Park districts, so long as the child day care is
either ancillary to a use within one of those districts or is intended to serve primarily other uses within those districts. At their meeting of July 14, 1992, the Planning and Zoning
Board recommended approval of this code amendment.
Commissioner Deegan moved to approve a land development code amendment establishing child day care as a conditional use within the Limited Industrial and Research, Development, and
Office Park districts. The motion was duly seconded and carried unanimously.
In response to a question, it was indicated this would allow day care as a conditional use, not a school.
The City Attorney presented Ordinance #5254-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5254-92 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 #22 - Second Reading Ord. #5181-92 - Amending comprehensive plan as adopted on 11/15/89, including amendments to future land use, coastal zone management and capital improvements
elements (PLD)
Commissioner Fitzgerald moved to continue this item to September 3, 1992 due to the Tampa Tribune not advertising as requested. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #23 - Ord. #5138-91 - Land Use Plan Amendment to Public/Semi-Public for property
located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church LUP91-11)
ITEM #24 - Ord. #5139-91 - P/SP Zoning for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel
Lutheran Church A91-20)
ITEM #25 - Ord. #5169-92 - Annexation for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01,
41.0 acres (Kennedy/Roberts/Brown A91-14)
ITEM #26 - Ord. #5170-92 - Land Use Plan Amendment to Low Density Residential for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun
Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown LUP91-15)
ITEM #27 - Ord. #5171-92 - RPD-10 Zoning for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B
12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14)
Commissioner Regulski moved to continue Items #23, #24, #25, #26 and #27 to September 3, 1992 due to the Tampa Tribune not advertising as requested. The motion was duly seconded and
carried unanimously.
ITEM #28 - Ord. #5238-92 - Annexation for property located at 1308 Springdale St., Pine Ridge Sub., Blk C, Lot 12, 0.14 acre (Willie & Bertha King A92-04)
The City Attorney presented Ordinance #5238-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5238-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #29 - Ord. #5239-92 - Land Use Plan Amendment to Low Density Residential for property located at 1308 Springdale St., Pine Ridge Sub., Blk C, Lot 12, 0.14 acre (Willie & Bertha
King LUP92-09)
The City Attorney presented Ordinance #5239-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5239-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #30 - Ord. #5240-92 - RS-8 Zoning for property located at 1308 Springdale St., Pine Ridge Sub., Blk C, Lot 12, 0.14 acre (Willie & Bertha King A92-04)
The City Attorney presented Ordinance #5240-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5240-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #31 - Ord. #5241-92 - Annexation for property located at 1843 West Dr., Suban's Sub., part of Lots 23 & 24, 0.18 acre (David & San King A91-06)
The City Attorney presented Ordinance #5241-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5241-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #32 - Ord. #5242-92 - Land Use Plan Amendment to Low Density Residential for property located at 1843 West Dr., Suban's Sub., part of Lots 23 & 24, 0.18 acre (David & San King LUP91-07)
The City Attorney presented Ordinance #5242-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5242-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #33 - Ord. #5243-92 - RS-8 Zoning for property located at 1843 West Dr., Suban's Sub., part of Lots 23 & 24, 0.18 acre (David & San King A91-06)
The City Attorney presented Ordinance #5243-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5243-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #34 - Ord. #5244-92 - Annexation for property located at 1457 Dexter Dr., Douglas Manor Lake Sub., Blk A, Lot 21, 0.23 acre (Johnson A91-04)
The City Attorney presented Ordinance #5244-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5244-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #35 - Ord. #5245-92 - Land Use Plan Amendment to Low Density Residential for property located at 1457 Dexter Dr., Douglas Manor Lake Sub., Blk A, Lot 21, 0.23 acre (Johnson LUP91-05)
The City Attorney presented Ordinance #5245-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5245-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #36 - Ord. #5246-92 - RS-6 Zoning for property located at 1457 Dexter Dr., Douglas Manor Lake Sub., Blk A, Lot 21, 0.23 acre (Johnson A91-04)
The City Attorney presented Ordinance #5246-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5246-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #37 - Ord. #5250-92 - Vacating the W 3' of the 10' utility easement lying along the E side of Lot 8, East Druid Park, less the N 5' and the S 3' (Doffermyre V92-14)
The City Attorney presented Ordinance #5250-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5250-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #38 - Ord. #5258-92 - increasing residential solid waste rates to $17.05 per month, increasing commercial solid waste rates an average of $.69 per cubic yard and adjusting miscellaneous
charges to cover costs of providing the service
A citizen requested consideration of a different method of charging in order to take into consideration the amount of garbage picked up for each account. It was indicated this had
been discussed but no solution found as of yet.
The City Attorney presented Ordinance #5258-92 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5258-92 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald and Garvey.
"Nays": Berfield and Deegan.
Motion carried.
ITEM #39 - Ord. #5259-92 - Vacating W 3' of 7.5' drainage & utility easement lying in Lot 314, Morningside Estates Unit 3B (Bewley/Taylor V92-12)
The City Attorney presented Ordinance #5259-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5259-92 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #40-76) - Approved as submitted less Items 43, 44, 60, 61 & 66.
Agreements - Approved.
ITEM #40 - Joint Project Agreement with Pinellas County to install 20 pipe hanger inserts on Dunedin Causeway bridge at an est. $2,160 (GAS)
ITEM #41 - Lease Agreement with US Coast Guard Auxiliary Flotilla 11-1 of Clearwater, for the cupola room, for the period 10/1/92-9/30/97 for $1.00 (MR)
ITEM #42 - First Amendment to lease agreement for Spoto International & J and D International for municipal marina rooms 24 and 25 (MR)
ITEM #43 - See page 26
ITEM #44 - See page 27
ITEM #45 - Housing Rehabilitation Funding Agreement with CNHS for use of HOME funds, $50,000 (PLD)
Bids & Contracts - Awarded.
ITEM #46 - Purchase of Fire Department Uniforms from Martin's Uniforms, Inc., Tampa, FL, during the period 8/14/92-6/16/93, at an amount not to exceed $24,000 (FD)
ITEM #47 - Purchase propane gas from Coastal Fuels Marketing Inc., for the period 8/14/92-7/31/93, at an est. $30,292.92 (GAS)
ITEM #48 - Contract to replace gas services and mains on North Clearwater Beach to Visk Construction Inc., Riverview, FL, at an est. $42,400 (GAS)
ITEM #49 - Purchase of one 1992 East 75-yard Aluminum Compaction Trailer from Ray Pace's Waste Equipment, Tampa, FL, for $71,000; financing under City's Master Lease Purchase Agreement
with AT&T Credit Corp.(GS)
ITEM #50 - Extension of contract for periodical subscriptions and serial standing orders with Ebsco Subscription Services, Birmingham, AL, for the period 10/1/92-9/30/93, at an est.
$65,000 (LIB)
ITEM #51 - Purchase and installation of Playground Equipment for Marymont Park from Miracle Recreation Equipment Co., for $17,835.79 (PR)
ITEM #52 - Purchase Dance Band Services of Paul Spagnuolo Trio, for the period 10/1/92-9/30/93 for $21,840 (PR)
ITEM #53 - Extension of contract for purchase of Cypress Chips with Florida Green Resources, Palm Harbor, FL, for the period 10/1/92-9/30/93 for an annual est. total of $16,000 (PR)
ITEM #54 - 1992 Sidewalk Replacement Contract to MTM Contractors, Inc., Pinellas Park, FL, for $197,874 (PW)
ITEM #55 - Contract for curb replacement on Hamilton Crescent between S. Ft. Harrison and Druid to MTM Contractors, Inc., Pinellas Park, FL, for $10,020.50 (PW)
ITEM #56 - Extension of contract to purchase crushed shell from Sun City Shell, Inc., Sun City, FL, for the period 10/1/92-9/30/93, at an est. $14,000 (PW)
ITEM #57 - Purchase of 3/4" #57 Aggregate from Florida Rock Industries, Inc., Jacksonville, FL, for the period 10/1/92-9/30/93, at an est. $32,068.80 (PW)
ITEM #58 - Contract for hauling of rock, sand and shell to Norred Trucking, Inc., Tampa, FL, for the period 10/1/92-9/30/93, at an est. annual cost of $56,950 (PW)
ITEM #59 - Extension of contract to purchase bulk and bag cement from National Portland Cement Co., Bradenton, FL, for the period 10/1/92-9/30/93, at an est. $42,690 (PW)
ITEM #60 - See page 27
ITEM #61 - See page 28
ITEM #62 - One-year annual contract for purchase of miscellaneous brass water fittings to B&H Sales, Sarasota, FL, for the period 8/14/92-8/13/93, at a total est. $46,420 (PW)
ITEM #63 - Contract for lot mowing and debris removal to International Landscape Contractors, for the period 8/14/92-8/13/93, for an est. $32,250 (PLD)
Citizens & Staff Requests - Approved.
ITEM #64 - Authorization to institute mortgage foreclosure proceedings at 1307 N. Garden Ave. (Elizabeth Barnes) (CA)
ITEM #65 - Request authorization to William J. Jennings, Esquire, to bring quiet title action in City of Clearwater's name regarding Greenwood Park #2, Blk D, Lots 8 & 9 (Tangerine Street)
(CA)
Change Orders - Approved.
ITEM #66 - See page 28
ITEM #67 - C.O.#1 for the Duncan Avenue Storm Drainage Improvements to Steve's Excavating & Paving, Inc., Clearwater, FL, increasing the contract amount by $20,636.40 for a new total
of $250,336.40 (PW)
Plans & Plats - Approved.
ITEM #68 - Preliminary Site Plan for City's Solid Waste Complex located at 1701 Hercules Ave., N of CSX Railroad tracks (PLD) Authorize the Development Review Committee (D.R.C.) to approve
the final site plan subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and processes and 2) The appropriate conditional use shall be obtained
for any outdoor storage on this site.
ITEM #69 - Final Site Plan for Bennett Auto Sales located at US19 and Seville Blvd., Sec. 17-
29-16, M&B 33.03 & 33.04 (Bennett)(PLD) Approve the final site plan subject to the following conditions of the Development Review Committee (D.R.C) and the Planning and Zoning Board
(PZ): DRC 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) The requisite building permits must be procured within one year from the date of certification
of the final site plan and all requisite certificates of occupancy must be obtained within three years of the date of certification of the site plan; 3) The dates and conditions for
approval by the PZ for conditional use approval and the Development Code Adjustment Board for variance approval shall be provided on the preliminary plat/site plan prior to certification;
4) A cross-access agreement shall be recorded prior to certificate of occupancy; 5) Verification of ingress/egress from FDOT shall be provided prior to certification; 6) Conditional
use permit for outdoor retail sales, displays and/or storage, and for vehicle service subject to Commission and PZ approval and subject to those conditions; 7) Prior to certification,
incorporation papers and other documents necessary shall be submitted for final review by staff; 8) A 40 foot drainage, utility, and pedestrian easement shall be provided along US19;
9) Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 10) Prior to the issuance of a building permit, a copy of the approved
SWFWMD permit is to be provided to Engineering Site Plan Review; 11) Prior to certification, a letter from FDOT approving access ways shall be provided; 12) Prior to certification, the
legal status of Seville Boulevard shall be provided to the satisfaction of the Public Works Director; 13) Prior to Environmental approval of the final site plan, applicant shall depict
by shading or cross-hatching, all required parking lot interior landscape areas; 14) Prior to certification, a Landscape Plan in compliance with the Land Development Code requirement
shall be submitted for approval by the Environmental Management Group; 15) Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit and a tree
removal permit (or a no tree verification form) from Environmental Management; 16) Prior to issuance of a building permit, applicant shall provide to Environmental Management and Engineering
an approved copy of all necessary local, state and federal permits that may be required; 17) A 10 foot landscaped buffer or a 7 foot landscaped buffer with a 6 foot solid fence or wall
shall be provided adacent to the residential zoned property to the east; 18) Retention area details and stormwater calculations shall be provided prior to certification; and 19) Prior
to certification, a 2% expansion fee shall be submitted prior to certification with regard to Parcel "B". PZ 1) The applicant shall obtain certification of the site plan within one
year, and the requisite occupational license shall be obtained within 18 months of this public hearing; 2) The outdoor display, sales and/or storage areas shall be clearly delineated
and dimensioned on the requisite certified site plan, and clearly delineated on the site to assist in code enforcement. Parking or display of vehicles shall be prohibited within any
required open space/yard areas or street rights-of-way; 3) There shall be no door/window or other openings on the east side of the proposed repair structure, except emergency exits and
non-opening windows. However, if opening windows on the east side are desired for ventilation, they shall be no lower than 10 feet from the finished floor of the structure and the ceiling
and eastern wall of the structure shall be specially insulated for sound; 4) No repairs shall occur between the hours of 6:00 p.m. and 7:00 a.m. Mondays through Saturdays and all day
on Sundays; 5) The requisite interior and perimeter landscaped areas shall be landscaped in accordance with Sec. 136.023 of the Land Development Code and a landscape plan shall be submitted
for approval by the Planning and Develoment Director and Environmental Management prior to the issuance of a building permit on the site; 6) There shall
be no outdoor speakers; 7) All permitted vehicle service shall be indoors; 8) All parts shall be stored indoors; 9) Prior to issuance of a certificate of occupancy, a continuous opaque
fencing with appropriate landscaping material shall be installed in accordance with Sec. 136.023 of the Code along the eastern property line; 10) All lighting shall be oriented away
from the residential areas; 11) Major repairs including engine or transmission dismantling, painting, body, fender, muffler, and upholstery work shall not be permitted; 12) There shall
be no outdoor displays and/or storage of boats; 13) There shall be no revolving displays or elevated displays of automobiles; 14) A cross-access agreement between Parcels "A" and "B"
shall be provided to the satisfaction of the Traffic Engineer prior to the issuance of a building permit; and 15) Permits shall be obtained for any existing signage, as needed, and all
signage shall be brought into compliance with the sign code on or before October 13, 1992.
Receipt & Referral - Received and Referred.
ITEM #70 - Proposed amendment to Chapter 146 regarding Flood Protection, redefining the time limit of cumulative total for definition of substantial improvement to Clearwater Beach and
Sand Key (PLD)
ITEM #71 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-4 Zoning for property located at 1836 Brentwood Dr., Lake Lela First Add., Lot 5, 0.25 acres (Johnston
A92-09, LUP92-16)(PLD)
ITEM #72 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 1216 Duncan Ave. S., Oak Acres Add., Blk E, Lot 6, 0.35 acres (Bacun
A92-08, LUP92-15)(PLD)
ITEM #73 - Annexation, Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial
Park A92-10, LUP92-17)(PLD)
Agreements, Deeds & Easements
ITEM #74 - First Amendment of Easement Agreement regarding reduction of site work construction plan for Stag Run Boulevard improvements (Florida Power Corp.)
ITEM #75 - Drainage easement on portion of Coldstream Condominium property for Stevenson's Creek - Sec. 15-29-15 (Coldstream Condominium Assn., Inc.)
ITEM #76 - Meter and Regulator Station Easement - SE 1/4 of NW 1/4 of Sec. 12-29-15 (Florida Gas Transmission Company)
Commissioner Deegan moved to approve the Consent Agenda as submitted (less Items 43, 44, 60, 61 & 66 and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #43 - 3 year Agreement with Ervin's All American Youth Club, Inc., for the period 9/1/92-8/31/95, for the Club's continuing use and supervision of the Holt Avenue Youth Center at
a cost of $13,200 in FY92-93 (PR)
Ervin's All American Youth Club has been operating out of Holt Avenue Center since 1987. The existing agreement had a three year term which expired on April 14, 1992, but was amended
to allow the club to continue using the Center on a month to month basis but no later than September 30, 1992. The proposed agreement covers a new three year period. Provisions are
similar to those of the existing agreement except for the following: 1) The format of the proposed agreement has been changed to be more consistent with other City agreements; 2) Programming
emphasis of the club has shifted from educational and recreational to educational, cultural and motivational. "Recreation" programs for youths in the Greenwood Community will be accommodated
at the recently expanded Martin Luther King Center under Parks and Recreation Department supervision; and 3) In accord with the request from Anne Garris, Vice Chairperson of the Club's
Board, the City will pay all monthly utility costs associated with water and electric while the club will continue to pay for telephone. As in past years, the agreement states the City
will provide for building and landscape maintenance and operational supplies.
A concern was raised that if the City pays the utility bills, there will be no incentive for the Club to conserve. It was suggested that rather than paying the utility bills, the City
simply give them the money that had been estimated for that purpose.
Discussion ensued regarding this suggestion.
Commissioner Berfield moved to amend the agreement to include that the City will pay $4,800 in lieu of paying the utility bills. The motion was duly seconded.
Discussion ensued regarding the $4,800 being the correct amount for each of the three years of the agreement and Commissioner Berfield amended her motion to say that the $4,800 would
be for FY 92/93 only. The seconder accepted the amended motion.
The City Manager indicated staff will notify the Club and work out the details.
Upon the vote being taken the amended motion carried unanimously.
ITEM #44 - License Agreement with GTE Mobilnet of Tampa, Inc., to allow GTE to install communication equipment in the land area on the water tank site and on the water tank at Del Oro
Park during the period 9/1/92-8/31/97 for an initial annual rate of $6,504 (PW)
In April, 1992, staff members met with representatives of GTE MOBILNET OF TAMPA to discuss GTE's desire to install communications equipment in the land area around the water tank and
on the water tank at Del Oro Park. The agreement provides rights and responsibilities for GTE to utilize not more than 550 square feet of land area and space on the water tank to mount
three cellular antennas and miscellaneous "Communications Equipment".
The primary term of the agreement is for 5 years commencing on September 1, 1992 and terminating on August 31, 1997 with provisions for 2 additional terms of 5 years each. GTE will
pay the City an initial annual sum of $6,504. The yearly lease rental amount will increase between 3% and 5% annually. GTE is responsible for costs associated with the installation
and maintenance of its equipment.
It was reiterated this license agreement will bring in $6,500 to the City. It was also stated staff did communicate with the surrounding property owners and there were no objections.
Commissioner Regulski moved to approve a license agreement between the City of Clearwater and GTE Mobilnet of Tampa, Inc. for a term of five years, commencing on September 1, 1992 and
terminating on August 31, 1997 to allow GTE to install communications equipment in the land area, on the water tank site and on the water tank at Del Oro Park for an initial annual rate
of $6,504 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #60 - Contract for Island Estates Marina Station Dredging to Plaza Marine Construction, Inc., Stuart, FL, for $30,000 (PW)
The purpose of this project is to remove an estimated quantity of 300 cubic yards of bottom material from the City Marina boat slips on Island Estates. Boats using this facility are
experiencing problems of "grounding" in the portions of the slips adjacent to the seawall. The dredge permit conditions issued by the FDER requires that the construction method used
by the contractor be "closed bucket" excavation with dredged material transferred to a sealed barge. Work is being coordinated with the Marine Science Center since the transfer of material
from the marine barge to transport trucks will be done on the Center's property. Work is anticipated to be accomplished in less than 30 days.
Commissioner Regulski moved to award the contract for the Island Estates Marina Station Dredgin to Plaza Marine Construction, Inc. of Stuart, Florida, for the sum of
$30,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #61 - Contract for Ross Norton Park Picnic Shelter to R.J. Bunbury Co., Inc., Clearwater, FL, for $23,500 (PW)
On March 19, 1992, the Commission authorized a new capital improvement budget to allow for the construction of a picnic shelter at Ross Norton Park as requested by the South Clearwater
Neighborhood Association.
On March 24, 1992, Myers, Plisko and Ott Architects were hired to provide professional services to design, bid and administer the construction of this picnic shelter to accommodate
up to 60 persons. Representatives from staff as well as the community reviewed and approved the plans.
Commissioner Regulski moved to award the contract for the Ross Norton Park Picnic Shelter to R.J. Bunbury Co., Inc., of Clearwater, Florida, for the sum of $23,500 and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #66 - C.O.#2 to contract with Westra Construction Corp., for the EAPCF, South Interceptor Rehab - Phase II, increasing the original bid amount by $33,200 for a new contract total
of $1,420,926.05 (PW)
The purpose of this Change Order is to compensate the contractor for new work he has been directed to perform. The Change Order covers the work required by the settlement stipulation
between the City of Clearwater and Mr. Allan J. Stowell.
Commissioner Regulski moved to approve Change Order #2 to the contract with Westra Construction Corporation for the East Advanced Pollution Control Facility, South Interceptor Rehabilitation
- Phase II, increasing the original bid amount by $33,200, adjusting the total contract amount from $1,387,726.05 to $1,420,926.05 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 #77 - Receive and Refer Land Use Plan Amendment to Commercial/Tourist Facilities, CPD Zoning and Preliminary Site Plan for property located in the NW 1/4 of the SW 1/4 of Sec. 6-29-15,
M&B 32.01 and a portion of vacated Pinellas Groves easement in the NE 1/4 of the SE 1/4 of Sec. 1-29-15 (Sun Bank of Tampa Bay LUP92-14, Z92-08)(PLD)
The applicants have requested this item be continued to September 17, 1992.
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 #78 - Repeal Res. #88-42 & Adopt Res. #92-51 - establishing nonresident user fees for the Library (LIB)
Proposed increases in nonresident user fees are: 1) annual individual/ $31.00 to $37.00; 2) Annual family/ $77.50 to $92.50; 3) Seasonal (6 month) individual/ $19.00 to $25.00; and
4) Seasonal (6 month) family/ $47.50 to $62.50.
Resolution #92-51 also reflects a change in Section 1 allowing nonresidents who have paid a family fee to have either one card or a card for each family member.
Commissioner Regulski moved to approve the amended nonresident user fees for library services. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #92-51 and read it by title only. Commissioner Regulski moved to repeal Resolution #88-42 and to pass and adopt Resolution #92-51 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #79 - Res. #92-52 - calling for the assistance of the Florida Delegation to the US Congress to take corrective action regarding FERC Order No. 636 which restructures the natural
gas industry (GAS)
On April 8, 1992, the Federal Energy Regulatory Commission (FERC) issued new regulations in Order No. 636 that will compel major changes to the services provided by regulated interstate
natural gas pipelines. According to congressional experts, this Order will increase utility bills of residential and small commercial consumers by several billion dollars a year and
may impair the reliability of natural gas service for residential, commercial and other high-priority end-users of natural gas.
The American Public Gas Association (APGA), an association of publicly-owned local distribution companies (LDCs), and many other natural gas consumers oppose specific provisions of
this Order that will hurt this Nation's public gas systems and their customers. APGA has called upon Congress to determine, through an impartial analysis, the economic impact and other
significant effects of the Order and requested FERC not be permitted to proceed with implementing Order No. 636 until this analysis is completed and reviewed by Congress.
The Clearwater Gas System and the Florida Municipal Natural Gas Association (FMNGA) have studied this Order and its impact on the City's pipeline supplier, Florida Gas Transmission
(FGT). The City supports the position taken by the APGA in their report titled "Legislative Fact Sheet: FERC's Order No. 636 Must be Changed".
Staff requests the Commission's approval of Resolution #92-52 and the transmittal of same to the Florida Delegation to the United States Congress and to the Florida League of Cities.
Commissioner Fitzgerald moved to request the Florida Delegation to the United States Congress to take corrective action regarding FERC Order #636. The motion was duly seconded and
carried unanimously.
It was requested the National League of Cities and the Florida League of Cities also be asked to lend their support to this effort.
The City Attorney presented Resolution #92-52 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-52 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #80 - First Reading Ord. #5219-92 - Roll-Off Container ordinance revision, amending Secs. 54.20 thru 54.22 and 54.24 thru 54.26, repealing Sec. 54.23 (PW)
Clearwater has in force an ordinance governing the policies and procedures for permitting private hauling companies to provide roll-off service within the city limits of Clearwater.
The code governs application procedures, fees, liability insurance and penalties for failure to comply.
The ordinance, in its present form, has been misinterpreted by many of the permittees who have not been paying the 15% fee for open top construction roll-off containers placed in Clearwater.
As a result, the City has been losing revenue. In the past, the Solid Waste Division has been limited in its ability to maintain adequate surveillance over the construction roll-off
portion of the permit due to the highly transient nature of the business and has not been able to effectively enforce the ordinance.
Now that all Solid Waste vehicles have radios and a more responsive permitting procedure through the Planning Department's central counter, the City has a means for maintaining better
surveillance over the placement of construction roll-offs within the City and will be in a much better enforcement posture.
The ordinance revisions recommended tighten the language governing all roll-off operations within the City, specifically including construction roll-offs, eliminate the need for surety
bonds and eliminates areas for misinterpretation of fee requirements.
In response to a question raised at worksession, the Public Works Director indicated the police checks are needed to protect the citizens.
A question was raised regarding how a contractor would know all locations at which they would be placing containers throughout the year. It was discovered there were two versions of
this ordinance and the City Attorney requested the item be continued.
Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of September 3, 1992. The motion was duly seconded and carried unanimously.
ITEM #81 - Res. #92-49 - Demolition lien for property located at 1136 Tangerine St., Fairmont Sub., Blk G, Lot 11 and N 19.2' of Lot 12 (PLD)
Property located at 1136 Tangerine Street was inspected by the Building Division and found to be unsafe. The owner was notified by hand delivery of notice of this finding and signed
a waiver allowing the City to demolish the structure and assess the cost against the
property.
Commissioner Regulski moved to approve placing a lien on the property. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #92-49 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-49 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #82 - Res. #92-53 - Demolition lien for property located at 703 Nicholson St., Ira E. Nicholson's Addition to Clearwater, Blk 1, Lot 13 (PLD)
Property located at 703 Nicholson Street was inspected by the Building Division and found to be unsafe. The owner was notified by hand delivery of notice of this finding and signed
a waiver allowing the City to demolish the structure and assess the cost against the property.
Commissioner Berfield moved to approve placing a lien on the property. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #92-53 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-53 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #83 - Beautification Committee - 1 appointment (CLK)
Commissioner Regulski moved to appoint Jeanette Albert. The motion was duly seconded and carried unanimously.
ITEM #84 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #85 - Res. #92-50 - Assessing property owners the costs of mowing or clearing owners' lots
The City Attorney presented Resolution #92-50 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #92-50 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #86 - Other City Attorney Items - None.
ITEM #87 - City Manager Verbal Reports
The City Manager requested the Commission consider cancelling the special worksession regarding the Downtown Plan scheduled for 1:00 p.m. on August 14, 1992. Consensus to do so.
The City Clerk reminded the Commission of the need to set meetings for the City Attorney and City Manager evaluations.
ITEM #88 - Other Commission Action
Mayor Garvey reported complaints regarding the condition of the sidewalk on Myrtle Avenue, between Cleveland and Chestnut Streets.
Commissioner Deegan handed out a memorandum regarding the security alarm ordinance and suggested it was time to review it. He reported on a Pinellas Trails meeting regarding a celebration
for an event on October 3, 1992, indicating the Commission was invited to participate. Other Commissioners indicated they had not been so informed. Commissioner Deegan indicated information
would be provided. He also reported on a meeting of the Downtown Clearwater Association crime watch program and indicated it will be twelve months prior to the Pinellas Trails being
completed. A request is being made to do something to show progress regarding the trail in Clearwater with suggestions being made that East Avenue be made one-way at this time and there
be some signage. Consensus was for staff to investigate what could be done to indicate progress along the trail route.
Commissioner Deegan expressed concerns regarding the progress on Sand Key bridge and requested information regarding when the City expects to receive the permits.
Commissioner Deegan reported that the ability of the Pinellas Industry Council to issue bonds has expired and they are currently in limbo. He stated it is hoped the Senate will pass
a bill soon that will allow them to be fully operational again.
Commissioner Regulski requested a letter be addressed to Bill Giles, owner of the Phillies, in support of the move of the Giants from San Francisco to St. Petersburg. He reported on
the status of the computerized signal system indicating that while physically all components are in place, it will be 2 and 1/2 years before it is fully operational.
Commissioner Fitzgerald requested some action be taken to encourage people to participate in the We Care Fund as participation seems to be declining. He also reported the Mayor's Council
will be taking up the issue of the cost of advertising in newspapers.
Mayor Garvey questioned whether or not the City wished to take any action regarding the proposed rule change to allow the trimming of mangroves. It was requested the Environmential
Advisory Committee be asked to look into this.
ITEM #89 - Adjournment
The meeting adjourned at 11:00 p.m.