10/21/1993 CITY COMMISSION MEETING
October 21, 1993
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 21, 1993 at 6:01 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Michael J. Wright City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Scott Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Public Works Director.
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
One service award was presented to a City employee.
Milt Cason, Department of Administrative Services, was presented the 1993 Employee of the Year Award.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations - None.
ITEM #6 - Minutes of the Regular Meeting of October 7, 1993
The Mayor requested approval be continued as she had not had the opportunity to read them.
Commissioner Fitzgerald pointed out on page 35, 5th paragraph, the word "deals" should be deleted. Commissioner Deegan pointed out on page 35, 6th paragraph, four Commissioners voted
"Aye" not "Nay".
Commissioner Deegan requested that on page 28, 3rd from the last paragraph, that information regarding members of the audience raising their hands in support of a traffic light at the
intersection of Marlo Drive and McMullen Booth Road be added. The Mayor did not believe this to be appropriate. General Agreement was to do so.
Commissioner Berfield moved to continue approval of the minutes of the regular meeting of October 7, 1993 to the next meeting. The motion was duly seconded. Upon the vote being taken;
Commissioners Berfield, Fitzgerald, Thomas and Mayor Garvey voted "Aye", Commissioner Deegan voted "Nay". Motion carried.
ITEM #6a - Sun Bank (Atrium) Building Contract - Res. #93-68 authorizing sale of the property.
The City Attorney reported adoption of this resolution would approve the contract subject to certain amendments.
Commissioner Fitzgerald raised a concern regarding collecting on back rents. The City Attorney reported there was an incentive for the City to try to collect back rents, if any, up
until closing. He stated if the City has commenced collection efforts, they can continue beyond closing, however, any back rent not being pursued would be lost. It was the consensus
for the City Attorney to aggressively pursue back rents.
Mayor Garvey expressed concern that the deposit is being held by Mr. Justice, agent for Krumm Ventures, Inc., and was not at risk. Commissioner Thomas stated the funds will be at risk
on November 19 and at this time the documents were simply being finalized. The Mayor stated she was opposed to the sale as she felt the City was giving away a valuable asset.
Commissioner Deegan questioned if the buyer was in agreement that all matters had been resolved and the transaction could be concluded.
Mr. Justice indicated the purchasers are in agreement that the deal could be concluded.
Commissioner Fitzgerald stated for the record that he is opposed to the sale and he felt the building should be kept for the purpose for which it was purchased.
The City Attorney presented Resolution #93-68 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #93-68 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan, and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
The Mayor announced that the public hearing regarding City Hall had been rescheduled to November 10, 1993 at the City Hall Annex. She also announced that Item #59 is an advertised
Public Hearing and will be heard after Item #11.
The meeting recessed at 6:30 p.m. to meet as the CRA.
The meeting reconvened as the City Commission at 6:33 p.m.
PUBLIC HEARINGS
ITEM #7 - Public Hearing & First Reading Ords. #5474-93, #5475-93 & #5476-93 - Annexation, Land Use Plan Amendment to Industrial Limited and IL Zoning for property located at 2088 &
2090 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Sunshine Properties A93-21, LUP93-29)(PLD)
The subject property is located on the north side of Sunnydale Boulevard, approximately 1,270 feet east of Hercules Avenue. There is an existing structure on the property. The applicant
wishes to annex to obtain City services including sewer service.
On October 5, 1993, the Planning and Zoning Board endorsed this request.
Commissioner Thomas moved to approve annexation, a future land use plan amendment to Industrial Limited and IL zoning for the subject property. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5474-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5474-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5475-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5475-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5476-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5476-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #8 - Declare surplus a 100' wide portion of city-owned real property at Clearwater Country Club for the purpose of granting a power distribution easement to Florida Power Corporation
over, under and across same; Res. #93-59 - dedicating the easement premises to the corp. (PW)
Staff requested this item be continued.
Commissioner Berfield moved to continue this item to the November 18, 1993 meeting. The motion was duly seconded and carried unanimously.
ITEM #9 - (Cont. from 10/7/93) Public Hearing & First Reading Ords. #5465-93 & #5466-93 - Land Use Plan Amendment & Zoning for property located at 1260-1266 Bay Parkway, 300-322 Watkins
Rd., 311 & 317 Pinellas St., Westover Sub., Blk B, Lots 3-11, 15 & 16, Parcel A, LUP: to Institutional & Z: to Public/Semi-Public Planned Development District AND 1263 Waters Ave. and
301-309 Pinellas St., Westover Sub., Blk B, Lots 12-14 and Barnes Sub., Lot 4, Parcel B, Z: to Public/Semi-Public Planned Development District, 2.21 acres m.o.l.; approval of associated
Preliminary Site Plan (Morton Plant Hospital Association, Inc./Leonard & Gilotte LUP93-28, Z93-11)(CP)
The subject property takes up all of the block bounded by Waters Avenue, Pinellas Street, Bay Parkway and Watkins Road except the three lots at the northeast corner of the block. The
applicant is requesting the rezoning to permit the development of a Cancer Care Center. The proposed clinic will not have facilities for overnight care of patients.
On October 5, 1993, the Planning and Zoning Board endorsed this request.
On August 12, 1993, the DRC reviewed the proposed site plan as a "courtesy" review to identify any technical problems with the proposal; this review, and subsequent meetings with the
property owner, have resulted in 21 preliminary conditions being recommended. The site plan included utilization of Waters Avenue as a landscaped buffer along the west side of the proposed
development. Morton Plant Hospital originally intended to request the vacation of Waters Avenue, a City street having a 33 foot right-of-way in order to provide added right-of-way.
Further review indicates that the goal of providing buffer space and landscaping can be better accomplished through a right-of-way utilization agreement between the City and Morton
Plant that will require installation and perpetual maintenance of the landscaping by the hospital but leaves the right-of-way and associated utilities under City ownership.
The site plan also shows the utilization of the north ten feet of the right-of-way of the right-of-way of Watkins Road for buffer landscaping. This ten feet will be combined with the
required five foot landscape buffer on the south side of the hospital's property. This will provide a landscape buffer of fifteen feet in width. The right-of-way portion of this landscaping
will be handled through the same sort of utilization agreement as the Waters Avenue landscaping.
The land to the east and north of the proposed development is owned by the applicant and is part of the hospital complex. The final site plan will be submitted to the Commission for
approval at the time of the second reading of the ordinances for future land use plan and zoning atlas amendments.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review is required prior to final approval.
Scott Shuford, Central Permitting Director, indicated the subject property is on the periphery of the hospital owned properties and is close to a residential area. He stated the planned
development zoning is proposed to protect those residential areas. He reported that Morton Plant Hospital has worked with staff to have a wide landscape buffer in the Waters and Watkins
right-of-ways. He stated a letter has been received from the hospital that if the right-of-way is ever needed, the hospital would replicate the buffer totally on their property.
He reported that staff has also worked with the City of Belleair and their interest is in the overall plan for the hospital and they consider the Cancer Center as a separate issue.
Emil "Mark" Marquardt, attorney representing the hospital, stated the request is for a portion of property just south of the existing Lykes Cancer Center. He stated a portion of this
property is in the PS/P zone and part is in a OL zone. He stated Mr. and Mrs. Bernie Powell had given money to the hospital to have the Cancer Center built in memory of their daughter.
He stated they have tried to be neighborhood friendly and that the residential properties have been taken into account.
Pat Shellman, Vice-President of patient services, stated Morton Plant Hospital is a leader in cancer diagnosis. She stated they are attempting to control health care costs through
technology and there is a shift from in-patient to out-patient care for cancer patients.
She stated the plan is for this to be a three story building with the top two floors as medical offices. The first floor would be for out-patient support services. Their goal is to
have all cancer care under one roof. She indicated that the CAPS program, which provides counselors trained to deal with the changes in individuals' lives who have been diagnosed with
cancer, currently has no home and will be in this building. She stated the hospital has studied the location thoroughly and it needs to be adjacent to the Lykes Center.
Mr. Marquardt reported that if the building was constructed under the current P/SP or OL zoning, it would not be neighborhood friendly. He stated the proposed height of 41 feet is
less than the 50 feet allowed by code. He stated they are placing the building on the lowest portion of the property to lessen the impact of the height. He also stated the building
will be set back significantly more than requirements.
He stated the plan approved by the DRC will provide no outlet for traffic to Watkins Road. With the planned development zoning, the only way the plan can be changed is to come back
to the Commission through a public hearing process. He stated since May they have been meeting with the community, the planners, and the governments of Belleair and
Clearwater. He stated that significant landscape buffering is being provided on the Waters and Watkins right-of-ways.
Rich Dutter, Director of Planning and Landscape Architect, reviewed the landscape plan. He stated the three elements of distance, density of plant material and a berm or landscaping
mound would provide significant buffering to the residential neighborhoods.
Mr. Marquardt confirmed that the hospital has advised the City that the hospital will provide an easement and will put in similar landscaping if the right-of-way is ever needed.
William Heald stated a lot of people in Belleair are concerned regarding Morton Plant's growth. He expressed concern that the value of his home has decreased due to the expansion of
the hospital. He also expressed concerns that only 375 of the 750 beds in the hospital were used in July and he expressed concern regarding from where additional patients would come.
He also expressed concerns regarding additional traffic, noise and air pollution. He felt the City and County Commissions should take more responsibility in monitoring Morton Plant
Hospital's growth. He stated there is documentation of the neighbors concerns and he felt the residents of Belleair should be heard. He also felt Morton Plant's entire plan should
be considered and not individual elements.
Robert Kern stated he has several concerns; environmental impact, traffic impact, air pollution and noise. He expressed concerns that residents still do not know what is planned for
the future. He expressed concerns regarding the impact on Ft. Harrison Avenue and in the general area.
Mayor Garvey questioned whether or not the hospital intended to change its entrance. Mr. Marquardt indicated the main entrance has been changed to Pinellas Street which has been widened
and it has done a lot to alleviate the traffic problems. He also indicated the hospital shuttles employees from parking areas which also assists in alleviating traffic.
Commissioner Thomas questioned whether or not there was a master site plan for Morton Plant Hospital. The Central Permitting Director indicated this was not a master site plan.
Commissioner Thomas expressed concerns regarding whether or not an area the size of the Morton Plant Hospital campus should have been presented without a master site plan. Mr. Shuford
indicated that if the property had been vacant, a site plan would have been required.
Commissioner Thomas expressed concerns regarding the City giving property for a landscape buffer. The City Manager indicated the right-of-way was not being abandoned and the required
landscaping for the development would be on Morton Plant Hospital property.
Commissioner Thomas questioned why they were not being required to put all the landscaping on their property if they could do so in the future. Mr. Marquardt indicated the closer the
buffering is to the properties being protected, the better. He also stated that if the road is ever needed, it is there. The current plan benefits traffic flow.
Mr. Marquardt reported the hospital will not come forward with another project without a master plan having come to the City Commission. He stated the hospital has been studying the
issues of concern to the neighborhoods but that this particular project is important to the community.
Commissioner Thomas complained that Morton Plant was using the cancer center as an emotional plea and they should be talking about the neighborhood and its destruction by a business.
He felt two neighborhoods had been destroyed by Morton Plant Hospital.
Lois Cormier stated that south Clearwater is fortunate to have Morton Plant Hospital in its area. She stated she is a cancer survivor and participates in the CAPS program. She felt
the center will meet special needs of cancer patients with the facilities all in one building. She emphasized that the center was for out-patient care only. She stated she has watched
Morton Plant Hospital grow and she requested the City make sure that trees are protected as well as neighborhoods. She reported Mr. Marquardt has kept his promises. She requested the
application be granted.
Peter Bloomzcarantz stated he came to work for Morton Plant sixteen years ago and it was found that a better effort was needed to address cancer patients. He stated this project brings
together a number of different issues and there is no better cancer facility in Pinellas County.
Kent Weibel, Mayor of Belleair, stated their primary concern is that the residents of Belleair be protected. He stated they have been working with Morton Plant and believe the hospital
is working toward that protection. He stated he does not have consensus of the Belleair City Commission that the plan is acceptable. He felt the hospital and Clearwater had reached
the right decision not to vacate Waters Avenue. He stated a plan for the whole campus will ultimately be required but felt the cancer center was okay.
Nelson Downs stated he has a son that is a patient in Morton Plant Hospital whom he has come from out to state to see. He stated Morton Plant has been outstanding and the cancer facility
is desperately needed.
Gil McArthur stated this was not a situation for alignment of for and against the proposal. He stated the hospital is trying to be responsive to the neighbors and the hospital and
the neighborhoods have been working together. He stated it is better to work together and do away with adversarial relationships.
Diane Williams stated she has been a nurse at Morton Plant for four years. She stated health care is changing and people no longer want small town hospitals. They prefer hospitals
that are major medical centers and this will move the hospital forward toward a center of excellence.
Connie Mudano stated that no one is against the cancer center but she is not in favor of the proximity to the neighborhoods. She stated Morton Plant has 40 acres west of Ft. Harrison
and they are buying more property east of Ft. Harrison. She felt they should direct their growth in another direction.
Mr. Marquardt stated the October 6th plans for the landscaping have not changed. He stated in response to Ms. Mudano's comment, it was important to have the cancer center near the
Lykes cancer center. He stated a lot of thought went into the location and there will be no night time use of the facility.
Mayor Garvey stated that Morton Plant is important to Clearwater and she felt they have tried to be a good neighbor. She felt the new cancer center needs to be next to the Lykes center.
Commissioner Fitzgerald stated he believed Morton Plant has been a good neighbor and it is always difficult when there is a growing facility. He stated the hospital is going the extra
mile to try and accommodate what is good for the community. He felt the landscape buffering planned is extraordinary and the hospital is willing to guarantee that if the City ever needs
the roadway, they will replace the buffering. He stated he supports the project.
Commissioner Thomas stated he had problems with the proposal and he did not believe Morton Plant was being fair and open with the City regarding what they are planning. He stated a
master plan was published in May of 1993 and he questioned why they were not telling the Commission what they are planning. He expressed concern regarding piece-mealing the development.
He also expressed concerns regarding complete neighborhoods being eliminated. He stated he is not opposing Morton Plant Hospital and the proposal has nothing to do with cancer but
the issue is destruction of neighborhoods. He felt approval should be delayed until a master plan is obtained. He expressed concerns that Morton Plant is building from the outside
in leaving their middle ground open. He felt the neighborhoods should be protected from an industrial complex.
Commissioner Deegan stated that as the Chairperson of the Board of Clearwater Community Hospital, he understands how Morton Plant has analyzed the needs of the community. He understood
Morton Plant's decision for an out-patient care facility. He stated out-patient care is less expensive to the community. He stated he also understood the need for a master plan but
the May 1993 plan was not the final plan and it is being modified based on neighborhood input. He stated he also understands that this project cannot wait for a master plan and he applauded
Morton Plant's efforts.
Commissioner Berfield stated she thought the majority of the people in the room were not against Morton Plant Hospital or cancer treatment and she agreed with Commissioner Thomas that
they needed to look above and beyond the disease to be treated in the facility. They needed to look at the area of the City in which the development was proposed. She stated she will
support this request due to Mr. Marquardt stating there will be no more projects for Morton Plant without a master plan.
Commissioner Berfield moved to approve a land use plan amendment to Institutional, Public/Semi-Public Planned Development zoning and the preliminary site plan subject to
conditions attached to these minutes as Exhibit A, for the subject property. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan, Fitzgerald and
Mayor Garvey voted "Aye", Commissioner Thomas voted "Nay". Motion carried.
The City Attorney presented Ordinance #5465-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5465-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": Thomas.
Motion carried.
The City Attorney presented Ordinance #5466-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5466-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": Thomas.
Motion carried.
The meeting recessed from 7:55 p.m. to 8:11 p.m.
ITEM #10 - (Cont. from 6/3/93) Public Hearing & First Reading Ords. #5374-93 & #5375-93 - Land Use Plan Amendment to Commercial General and CG Zoning for property located at 2339 Gulf
to Bay Blvd., Sec. 18-29-16, M&B 31.071, approx. 0.64 acres m.o.l. (Lokey Oldsmobile, Inc., LUP93-12, Z93-03)(PLD)
The subject property is located on the south side of Gulf-to-Bay Boulevard, approximately 1,840 feet east of Belcher Road.
On April 13, 1993 the Planning and Zoning Board endorsed the proposed future land use plan amendment to Commercial/Tourist Facilities (this designation has recently been changed to
Commercial General as part of the PPC Consistency Program) and General Commercial (CG) zoning. The item has been on hold until now pending site improvements discussed below.
Staff is concerned about vehicle access and accessibility of fire hydrants for the Hillcrest Mobile Home Park if the existing drive from the mobile home park to Gulf-to-Bay is closed.
There also are concerns about signage issues that may be created if Lokey's two commercial sites are joined. Currently, signage allocations have been based on considering Lokey's two
parcels as being separate and independent. If the parcels are considered as a single
development, signage requirements would change, limiting the applicant's freestanding signage allowance.
The City Fire Marshal's Office and Central Permitting favor improved access from Druid Road into the mobile home park if the access from Gulf-to-Bay Boulevard is closed. Within the
mobile home park, all of the roads are private. The City has no responsibility or interest in these roads. There is an existing access from Druid Road at the southeast corner of the
mobile home park at Second Street (Hillcrest Mobile Home Park).
It is proposed to require a second access from Druid Road at First Street, at the southwest corner of the mobile home park. This will provide a straight entrance road along the west
side of the park for emergency vehicles. The Fire Marshal's Office has stated the two entrances from Druid Road would provide adequate access for emergency vehicles.
Presently there is a fire hydrant located at the side of the entrance drive to the park on Gulf-to-Bay. If the park is closed off from Gulf-to-Bay, this hydrant will no longer be usable
in suppressing a fire within the park. A fire hydrant needs to be installed in accordance with the Fire Marshal's requirements before this access is closed. The applicant needs to
provide an easement over any water main across his property leading to the hydrant.
The applicant has requested he be allowed to proceed with the rezoning, and that the issues of the second access to the park from Druid Road and the installation of an additional fire
hydrant be made a part of the site plan review and the requisite conditional use permit. Signage issues can also be resolved through site plan review. Staff feels that the access,
fire hydrant and signage issues can be addressed adequately during site plan review and permitting. The Commission will have an opportunity to review the site plan since including this
property will constitute a major revision to the existing plan.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review is required prior to final approval.
Scott Shuford, Central Permitting Director, reiterated that Planning and Zoning had endorsed this request in April and that staff has been trying to address the site plan concerns.
He indicated they have been working with the applicant to provide the fire hydrant and the access. He stated there will be a fairly lengthy review process and the applicants wish to
proceed with the amendments at this time. He stated a side issue of signs will be addressed.
Don McFarland, attorney representing the applicant, reviewed the history of the property stating that when Hillcrest Mobile Home Park was developed, the extension to Druid Road did
not exist. He stated many of the park residents now use the Druid Road access rather than the Gulf to Bay Boulevard access. He stated the applicants purchased the entire park and sold
all of it except for the subject 100 foot strip. He also stated that former traffic engineer Keith Crawford had indicated the City would prefer to have the access on Gulf to Bay Boulevard
closed. He reported that the owner of the park has no objection. They have designed and gotten cost estimates for the replacement fire hydrant and access.
He stated without this rezoning all the other steps will be moot and that upon approval of the rezoning, the conditional use application and the site plan will come forward. He stated
they will implement the fire hydrant and the second access. Regarding the signage issue, when they combine the parcels, they will then have 700 feet plus of frontage. He stated the
Lokey car dealership plans to stay on Gulf to Bay Boulevard and feels they have been a good citizen.
The Mayor stated her only concern was that the rezoning not be finalized if the other issues have not been resolved. Mr. McFarland indicated they have provided staff with the site
plan, however, they would have a problem with replacing the hydrant and constructing the access if they are not granted the zoning requested.
The Mayor suggested a letter of commitment be provided. Mr. McFarland indicated the letter would be no problem.
Mr. Baker, Public Works Director, indicated that if the zoning is approved tonight and staff cannot agree on the other issues, the applicant would have difficulty in developing the
100 foot strip.
Commissioner Thomas moved to approve a future land use plan amendment to Commercial General and CG zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5374-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5374-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance # for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance # on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #11 - Public Hearings continued from previous meetings
a)(Cont. from 10/7/93) Public Hearing & First Reading Ords. #5461-93 & #5462-93 - Land Use Plan Amendment & Zoning for property located at 601, 605 & 607 Orange Ave., Turner's Third
Add., Blk 12, Lot 4, Parcel A, LUP: Institutional & P/SP Zoning AND 604 & 606 Bay Ave., Turner's Third Add., Blk 12, part of Lots 1 & 2, Parcel B, LUP: Institutional, P/SP Zoning, 0.50
acres m.o.l. (Episcopal Church of the Ascension & Ruth Villett LUP93-26, Z93-10)(CP)
The application covers two parcels adjacent to the land presently owned by the applicant, Church of the Ascension. One of the parcels is located at the southeast corner of Turner Street
and Orange Avenue, the other is on the west side of Bay Avenue, 170 feet south of Turner Street. The applicant wishes to utilize these properties in its operations and is requesting
the appropriate zoning to do so.
On September 14, 1993, the Planning and Zoning Board endorsed this request.
This application will go for Pinellas Planning Council and Department of Community Affairs review.
John Slaughter, Junior Warden of the Church, requested the property addressed as 604 Bay Avenue be deferred for 90 days due to negotiation to purchase this property not having been
resolved.
The City Manager suggested continuing the entire item. Mr. Slaughter did not favor continuing the entire item. Mr. Shuford stated if not resolved, this lot could be lessed out at
second reading of the ordinance.
Commissioner Thomas moved to approve a land use plan amendment to Institutional and Public/Semi-Public zoning for the subject parcels. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5461-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5461-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5462-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5462-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #59 was a public hearing - See page 31
Public Hearing - Second Reading Ordinances
ITEM #12 - Ord. #5351-93 - IL Zoning for property located at 2144 Calumet St., Clearwater Industrial Park, part of Lot 10, approx. 0.8 ac. (City Z93-02)
Commissioner Thomas moved to amend Ordinance #5351-93 in the title, in the next to the last line, change "INDUSTRIAL (IL)" to read "LIMITED INDUSTRIAL (IL)" and in Section 1, after
"To:" change "Industrial (IL)" to "Limited Industrial (IL)". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5351-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5351-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #13 - Ord. #5384-93 - Land Use Plan Amendment to Low Density Residential for property located at 1812 Beverly Circle, Meadow Creek Sub., Blk C, Lot 15, approx. 0.25 acre (Nikitas,
LUP 93-06)
Commissioner Fitzgerald moved to amend Ordinance #5384-93 in the title, beginning in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL LOW"; in Section 1,
after "To:" change "Low Density Residential" to "Residential Low"; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of
County Commissioners. The Director of Planning and Development is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order
to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5384-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5384-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #14 - Ord. #5385-93 - RS-4 Zoning for property located at 1812 Beverly Circle, Meadow Creek Sub., Blk C, Lot 15, approx. 0.25 acre (Nikitas, A93-05)
Commissioner Thomas moved to amend Ordinance #5385-93 in Section 4, delete ", and subject to approval of the land use category set forth in Ordinance No. 5384-93, by the Pinellas County
Board of County Commissioners". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5385-93 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5385-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #15 - Ord. #5415-93 - Land Use Plan Amendment to Low Density Residential for property located at 2197 Bell-Cheer Dr., Bell-Cheer Sub., E 100' of Lots 20 & 21 (Word of
Faith Church of God, LUP93-15)
Commissioner Fitzgerald moved to amend Ordinance #5415-93 in the title, in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL LOW"; in Section 1, after "To:"
change "Low Density Residential" to "Residential Low"; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners.
The Director of Planning and Development is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency
with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5415-93 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5415-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #16 - Ord. #5416-93 - RS-6 Zoning for property located at 2197 Bell-Cheer Dr., Bell-Cheer Sub., E 100' of Lots 20 & 21 (Word of Faith Church of God, A93-10)
Commissioner Deegan moved to amend Ordinance #5416-93 in the title, in the last line, insert "SINGLE FAMILY" before "RESIDENTIAL." and in Section 4, delete ", and subject to approval
of the land use category set forth in Ordinance No. 5415-93, by the
Pinellas County Board of County Commissioners". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5416-93 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5416-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #17 - Ord. #5418-93 - Land Use Plan Amendment to Low Density Residential for property located at 3116 Wolfe Rd., Bayview Bluff, Lot N (Nosek, LUP93-16)
Commissioner Thomas moved to amend Ordinance #5418-93 in the title, in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL URBAN". and in Section 1, after "To:"
change "Low Density Residential" to "Residential Urban." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5418-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5418-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #18 - Ord. #5419-93 - RS-8 Zoning for property located at 3116 Wolfe Rd., Bayview Bluff, Lot N (Nosek, A93-11)
The City Attorney presented Ordinance #5419-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5419-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #19 - Ord. #5421-93 - Land Use Plan Amendment to Low Density Residential for property located at 3201 Drew St., part of Sec. 16-29-16, M&B 12.02 (Winn, LUP93-17)
Commissioner Deegan moved to amend Ordinance #5421-93 in the title, in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL URBAN". and in Section 1, after "To:"
change "Low Density Residential" to "Residential Urban." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5421-93 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5421-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 - Ord. #5422-93 - RS-8 Zoning for property located at 3201 Drew St., part of Sec. 16-29-16, M&B 12.02 (Winn, A93-12)
The City Attorney presented Ordinance #5422-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5422-93 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #21 - Ord. #5424-93 - Land Use Plan Amendment to Commercial/Tourist Facilities for property located at 2220 Drew St., First Addition to Temple Terrace, Blk D, Lots 27 & 28 (JES
Properties, LUP93-18)
Commissioner Thomas moved to amend Ordinance #5424-93 in the title, in the last line, change "RESIDENTIAL/OFFICE" to "RESIDENTIAL/OFFICE GENERAL."; at the end of the 1st "whereas" clause,
delete "now, therefore, and add the following two "whereas" clauses: WHEREAS, this land use plan amendment has been determined by the City to be a subthreshold amendment of the Countywide
Future Land Use Plan and subject to the Official Acceptance process for said class of amendments as set forth in Division 5.3 of the Rules Concerning the Administration of the Countywide
Future Land Use Plan, As Amended; and WHEREAS, said subthreshold amendment of the Countywide Future Land Use Plan shall be transmitted to the Pinellas Planning Council/Countywide Planning
Authority and considered according to the Official Acceptance process for said class of amendments; now, therefore,; in Section 1, after "To:" change "Residential/Office" to "Residential/Office
General."; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. The Director of Planning and Development
is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of
the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5424-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5424-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #22 - Ord. #5425-93 - CG Zoning for property located at 2220 Drew St., First Addition to Temple Terrace, Blk D, Lots 27 & 28 (JES Properties, A93-13)
Commissioner Fitzgerald moved to amend Ordinance #5425-93 in Section 4, at the end of the sentence, add ", and subject to approval of the land use category set forth in Ordinance No.
5424-93 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5425-93 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5425-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #23 - Ord. #5427-93 - Land Use Plan Amendment to Low Density Residential for property located at 1001 Brookside Dr., Oak Lake Estates, Blk G, Lot 1 (O'Brien/Kell, LUP93-20)
Commissioner Berfield moved to amend Ordinance #5427-93 in the title, beginning in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL LOW".; in Section 1, after
"To:" change "Low Density Residential" to "Residential Low."; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of County
Commissioners. The Director of Planning and Development is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5427-93 as amended for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5427-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #24 - Ord. #5428-93 - RS-8 Zoning for property located at 1001 Brookside Dr., Oak Lake Estates, Blk G, Lot 1 (O'Brien/Kell, A93-14)
Commissioner Deegan moved to amend Ordinance #5428-93 in Section 4, delete ", and subject to approval of the land use category set forth in Ordinance No. 5427-93, by the Pinellas County
Board of County Commissioners." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5428-93 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5428-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #25 - Ord. #5436-93 - Land Use Plan Amendment to Low Density Residential for property located at 2720 S.R.590, Virginia Groves Terrace Third Addition, Blk 6, Lot 1 (Higiueros, LUP93-21)
Commissioner Thomas moved to amend Ordinance #5436-93 in the title, beginning in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL LOW".; in Section 1, after
"To:" change "Low Density Residential" to "Residential Low."; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of County
Commissioners. The Director of Planning and Development is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5436-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5436-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #26 - Ord. #5437-93 - RS-8 Zoning for property located at 2720 S.R.590, Virginia Groves Terrace Third Addition, Blk 6, Lot 1 (Higiueros, A93-15)
Commissioner Fitzgerald moved to amend Ordinance #5437-93 in Section 4, delete ", and subject to approval of the land use category set forth in Ordinance No. 5436-93, by the Pinellas
County Board of County Commissioners." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5437-93 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5437-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #27 - Ord. #5443-93 - Land Use Plan Amendment to Low Density Residential for property located at 1985 Skyline Dr., Skyline Groves, Lot 27 (Invandino-Schy, LUP93-23)
Commissioner Berfield moved to amend Ordinance #5443-93 in the title, beginning in the next to the last line, change "LOW DENSITY RESIDENTIAL" to "RESIDENTIAL LOW".; in Section 1, after
"To:" change "Low Density Residential" to "Residential Low."; and in Section 3, delete ", and subject to the approval of the land use designation by the Pinellas County Board of County
Commissioners. The Director of Planning and Development is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve
consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5443-93 as amended for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5443-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #28 - Ord. #5444-93 - RS-8 Zoning for property located at 1985 Skyline Dr., Skyline Groves, Lot 27 (Invandino-Schy, A93-17)
Commissioner Deegan moved to amend Ordinance #5444-93 in Section 4, delete ", and subject to approval of the land use category set forth in Ordinance No. 5443-93, by the Pinellas County
Board of County Commissioners." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5444-93 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5444-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #29 - Ord. #5445-93 - Annexation for property located at 2345 Nursery Rd., SW 1/4 Sec. 19-29-16, Pinellas Groves Sub., part of Lot 19, 0.31 acres m.o.l. (Wagner A93-18)
The City Attorney presented Ordinance #5445-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5445-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #30 - Ord. #5446-93 - Land Use Plan Amendment to Residential Suburban for property located at 2345 Nursery Rd., SW 1/4 Sec. 19-29-16, Pinellas Groves Sub., part of Lot 19, 0.31
acres m.o.l. (Wagner LUP93-24)
Commissioner Fitzgerald moved to amend Ordinance #5446-93 in the title, in the 6th line, insert "PART OF" before "LOT 19." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5446-93 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5446-93 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #31 - Ord. #5447-93 - RS-6 Zoning for property located at 2345 Nursery Rd., SW 1/4 Sec. 19-29-16, Pinellas Groves Sub., part of Lot 19, 0.31 acres m.o.l. (Wagner A93-18)
The City Attorney presented Ordinance #5447-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5447-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #32 - Ord. #5448-93 - Annexation for property located at 2178 Burnice Dr., Glen Ellyn Estates, Lot 4, 0.24 acres m.o.l. (Gary Warner TRE A93-19)
The City Attorney presented Ordinance #5448-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5448-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #33 - Ord. #5449-93 - Land Use Plan Amendment to Residential Low for property located at 2178 Burnice Dr., Glen Ellyn Estates, Lot 4, 0.24 acres m.o.l. (Gary Warner TRE LUP93-25)
The City Attorney presented Ordinance #5449-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5449-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #34 - Ord. #5450-93 - RS-6 Zoning for property located at 2178 Burnice Dr., Glen Ellyn Estates, Lot 4, 0.24 acres m.o.l. (Gary Warner TRE A93-19)
The City Attorney presented Ordinance #5450-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5450-93 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #35 - Ord. #5452-93 - Vacating 10 foot east/west alley lying south of Blk 12, Turners Sub. No. 3 & lying north of Blk 3, Starr & Savery's Addition to Clearwater (Episcopal Church
of the Ascension, V93-08)
The City Attorney presented Ordinance #5452-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5452-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Thomas.
"Nays": Garvey.
Motion carried.
ITEM #36 - no item.
ITEM #37 - no item.
ITEM #38 - no item.
ITEM #39 - Ord. #5463-93 - LDCA amending Sec. 42.21, to revise the requirements for nonconforming uses on barrier islands to encourage compliance with development and building regulations
including flood damage prevention regulations
The City Attorney presented Ordinance #5463-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5463-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #40 - Ord. #5464-93 - LDCA amending Secs. 40.164, 40.184, 40.204, & 40.224, to provide for nursing homes as a conditional use in the RM 16, 20, 24 & 28 zoning districts; amending
Sec. 41.053 to provide supplementary conditional use standards for such uses
The City Attorney presented Ordinance #5464-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5464-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #41 - Ord. #5467-93 - Annexation for property located at 2060-2066 Range Rd., NE 1/4 Sec. 12-29-15, Pinellas Groves Sub., part of Lot 11, 0.70 acres m.o.l. (Kehoe A93-20)
The City Attorney presented Ordinance #5467-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5467-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #42 - Ord. #5468-93 - Land Use Plan Amendment to Industrial Limited for property located at 2060-2066 Range Rd., NE 1/4 Sec. 12-29-15, Pinellas Groves Sub., part of Lot 11, 0.70
acres m.o.l. (Kehoe LUP93-27)
The City Attorney presented Ordinance #5468-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5468-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #43 - Ord. #5469-93 - IL Zoning for property located at 2060-2066 Range Rd., NE 1/4 Sec. 12-29-15, Pinellas Groves Sub., part of Lot 11, 0.70 acres m.o.l. (Kehoe A93-20)
The City Attorney presented Ordinance #5469-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5469-93 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #44 - Ord. #5472-93 - Vacating 5' sanitary sewer & utility easement lying along the westerly side of Lot 12, Carlouel Sub., Blk 266 (Athanasiou V93-11)
The City Attorney presented Ordinance #5472-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5472-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #45 - Ord. #5478-93 - Creating Sec. 21.15, to prohibit practice of requesting payment in exchange for "watching" a parked motor vehicle with certain exceptions
The City Attorney presented Ordinance #5478-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5478-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #46 - Ord. #5481-93 - Vacating 6' drainage & utility easement lying in Lot 15, Tropic Hills Sub. Unit 2, Blk E (Freeman V93-10)
The City Attorney presented Ordinance #5481-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5481-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #47 - Ord. #5487-93 - amending Ord. #5386-93, proposing city charter amendment to establish a department to be known as The General Accounting Office, providing for a special election
to submit this proposed charter amendment to the voters, changing date of special election from 11/2/93 to 1/11/94
The City Attorney presented Ordinance #5487-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5487-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
ITEM #48 - Special presentations of widespread public interest - None.
ITEM #49 - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
ITEM #50 - Items continued from previous meetings - None.
ITEM #51 - Preliminary Site Plan for Sunwatch Condominiums located at 670 Island Way (Dupuis)(PLD)
The applicant proposes to construct a 96 unit condominium tower on a 3.89 acre vacant parcel. The tower is proposed to be 95 feet in height. The parcel has a High Density Residential
Land Use Plan classification and a RM-28 zoning district. The proposed development is planned to abut the existing Island Walk Condominium to the north and the Diamond Isles Condominiums
to the south.
The proposed site was formerly known as Belpark Condominiums and was approved for 99 units in 1990. The certified site plan expired and no construction occurred, with the exception
of the existing two tennis courts located in the southern portion of the property, and eleven boat docks constructed on Mandalay Channel.
With regard to the City's Concurrency Ordinance, the subject residential development is anticipated to generate a maximum of 6.1 trips per unit per day. It is anticipated to produce
approximately 60 peak hour trips, and a maximum of approximately 585 average daily trips. The adopted transportation Level of Service will not be significantly impacted by the proposed
development, as the Memorial Causeway has a current actual Level of Service "C".
Preliminary Conditions are attached to these minutes as Exhibit B.
In response to a question by Mayor Garvey, Mr. Shuford indicated the 95 foot height is due to parking being underneath the building.
Commissioner Thomas moved to receive the preliminary site plan for Sunwatch Condominiums and authorize the Development Review Committee (DRC) to approve the final
site plan subject to preliminary conditions attached as Exhibit B to these minutes. The motion was duly seconded and carried unanimously.
ITEM #52 - First Reading Ord. #5486-93 - Amending Sec. 47.161; amending certain sections of Standard Unsafe Building Abatement Code re: unsafe buildings and systems
The Unsafe Building Code is a means for the City to provide for the public safety, health and general welfare of citizens by allowing the removal of those buildings or structures threatening
safety, life and property. This proposed ordinance would allow staff to work more efficiently by expediting the removal of these buildings.
The following is a summary of the changes: 1) reduces from 10 days to 7 days the time in which the owner is to get a permit and commence work, after service of a notice of an unsafe
building; 2) requires completion of repairs, securing of a building, or demolition of a building (as appropriate in each case) within 20 days after issuance of the permit for the work.
Deletes the unfettered discretion of the building official to allow more or less time (see #6 also); 3) if the building is occupied, requires vacation of the premises within 30 days
after service of the notice but, if the building constitutes an immediate hazard to life or to the safety of the occupants and the public, requires vacation of the premises immediately;
4) reduces from 10 days to 7 days the time in which an appeal to the Building/Flood Board of Adjustment and Appeals may be filed. Upon a failure to appeal in the time specified, the
notice shall constitute a final order and no additional notice shall be required or provided; 5) establishes a 30 day limit on boarding up a building, but allows a building to remain
boarded up while an appeal is pending; 6) allows the building official to extend a deadline for repairing, securing or boarding up, or demolishing a building or structure upon a showing
of good cause by the owner, if the owner has entered into a contract with a licensed contractor to perform the necessary work. To be eligible for an extension of time, the contract
must require the necessary work to be commenced within 60 days following service of notice to the owner and allow not more than 30 days for completion of nonstructural repairs, or not
more than 90 days for completion of structural repairs or demolition. However, if the building constitutes an immediate hazard to life or to the safety of the occupants and the public,
the deadline to vacate the building shall not be extended, the building or structure shall be secured against entry by trespassers, and any exterior repairs necessary to remove hazards
to persons outside the building or structure shall be performed to the satisfaction of the building official as a prerequisite to an extension of a deadline; 7) establishes the Code
Enforcement Board as an alternative code enforcement remedy. The Code Enforcement Board will not be a party to the procedure authorized by this ordinance, however; and 8) reduces from
10 days to 7 days the time between service of the hearing notice and the hearing before a board.
Staff will also develop an information package for citizens explaining the changes in the code. This package will include a flyer to include in utility bills and an expanded information
package with additional information, including requirements to be considered by inspectors.
Commissioner Deegan questioned how this would affect "The Ice House". The City Attorney indicated it would speed up the process. Vic Chodora, Building Official, reported they
have been given notice they have ten days to obtain permits and twenty days to correct the violations. If this is not done, the City will on November 7 begin the bid process for demolition.
Commissioner Thomas moved to approve amendments to the Unsafe Building Code. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5486-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5486-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #53 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban and RS-8 Zoning for property located at 1728 Manor Ave., Clearwater Manor, S 30' of Lot 28 & N
45' of Lot 29, 0.22 acres m.o.l. (Johnson A93-24, LUP93-33)(PLD)
The subject property is located between Belcher Road and West Manor Drive, approximately 2230 feet south of Sunset Point Road across from the City's fire station. The applicants wish
to annex to obtain sewer service. The Countywide Future Land Use Plan category for this parcel was changed to Residential Urban (7.5 u.p.a. max.) as part of the Consistency Program.
The lots in Clearwater Manor that are already in the City have a zoning of RS-8. It is proposed to assign the same zoning to the applicants' property.
AND
ITEM #54 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Estate and RS-2 Zoning for property located at 3030 Tanglewood Dr., Tanglewood Estates, part of Lot 2,
1.02 acres m.o.l. (Looney A93-25, LUP93-34)(PLD)
The subject property is located on the north side of Tanglewood Drive, between Landmark Drive and McMullen Booth Road, approximately 1,300 feet south of Curlew Road. The applicants
wish to annex to obtain sewer service. The Countywide Future Land Use Plan category for this parcel if Residential Estate (1.0 u.p.a. max.). It is proposed to assign the same City
Future Land Use category to the applicants' property, Residential Estate. The adjacent property in the City has a RS-2 zoning, including all lots in this subdivision which are in the
City. It is proposed to assign the same zoning to the
applicants' property. Ultimately, however, this property will be placed in one of the proposed Residential Planned Development zoning districts to be developed as part of the Pinellas
Planning Council (PPC) Consistency Program.
AND
ITEM #55 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1409 Regal Rd., Solar Crest, Lot 22, 0.19 acres m.o.l. (Frazier/Posey
A93-23, LUP93-32)(PLD)
The subject property is located on the south side of Regal Road, approximately 1,100 feet west of Highland Avenue and 730 feet north of Belleair Road. The applicants wish to annex
to obtain sewer service. The Countywide Future Land Use Plan category for this parcel if Residential Low (5.0 u.p.a. max.). It is proposed to assign the same City Future Land Use category
to the applicants' property. The lots in Solar Crest that are already in the City and the subdivision to the south (Brookhill Terrace) are zoned RS-8. It is proposed to assign the
same zoning to the applicants' property. Ultimately, however, this property will be placed in one of the proposed Residential Planned Development zoning districts to be developed as
part of the Pinellas Planning Council (PPC) Consistency Program.
Commissioner Thomas moved to receive the requests for annexation, land use plan amendments and zoning for the subject properties and to refer the requests to the City Clerk to be advertised
for public hearing. The motion was duly seconded and carried unanimously.
ITEM #56 - Other Pending Matters
a) Ervin Harris All American Youth Club - request for funding
A request for funding has been received from Ervin and Aseelah Harris for the continuation of the programs provided to the community by Ervin's All American Youth Club. The total expected
shortfall for the year is approximately $47,000, and the requested $10,000 is needed immediately to continue the programs.
Program descriptions and financial information have been submitted to the City. An operational support agreement was approved by the Commission in September, 1992. Approval of the
requested $10,000 operational grant will be considered an amendment of this agreement.
Staff continues to work with the Club to ensure that the terms of the agreement are met. Funding for this grant would be provided by a First Quarter Budget Amendment appropriating
the monies from the General Fund Unreserved, Undesignated Fund Balance.
Commissioner Thomas moved to approve a special operational grant of $10,000 for Ervin's All American Youth Club. The motion was duly seconded.
Mayor Garvey questioned the point being made by information requested by Commissioner Berfield. Betty Deptula, Assistant City Manager, indicated that Commissioner Berfield had requested
the percentage of requested funds received by the organizations requesting them.
Commissioner Thomas expressed concern that this organization is in financial trouble and is the premier organization for helping youth in the North Greenwood area. He wanted to solve
the problem once and for all.
The Mayor indicated there were alot of programs that need support and she thought the $10,000 was to be a hold-over until the youth club received grant monies.
Commissioner Thomas indicated it was, however, it has been indicated that a total of $47,000 is needed for a total solution.
Commissioner Fitzgerald expressed concerns regarding being unclear as to what the $10,000 would do.
Asheela Harris indicated it would be for operating expenses and is the bare minimum needed. She expressed concerns regarding having to come back every year to request funds.
The City Manager asked for clarification regarding from where the $47,000 figure had come. Ms. Deptula indicated it is what the Harris' had reported as being needed in order to complete
their programs for this year.
Willamina stated she has a 13 year old daughter and almost had to quit her job in order to assist her daughter. Ervin's All American Youth Club had been available and her daughter
has gone from a D average to a B average in school. She stated she has seen the strengths of the club and it is one of the strongest in the North Greenwood community.
The Mayor expressed concern that there should be some oversight by the City.
Ms. Harris complained regarding people investigating the club and stated they had received a citation from the Kellogg Foundation and funding for three years for one of their programs.
She stated the club received this because that foundation appreciates what the club is doing.
The Mayor indicated she was only pointing out that there are other programs funded by the City and there are reports required.
Tom Whitney, President of the Board of Ervin's All American Youth Club, stated all know of the success of the club in trying to solve some of the problems of the community. He stated
they need to balance the check book and the $10,000 would be part of their operating expenses. He indicated this is just one piece of the puzzle. They do intend to come back and request
additional needed funds. They welcome city staff members and have met the requirements.
Commissioner Fitzgerald questioned what other support comes to the club. Mr. Whitney indicated they are actively seeking funding from outside the City of Clearwater, however, he said
due to the loss of some board members, their fund raising has not been as effective as in the past.
Commissioner Fitzgerald indicated his point was that Clearwater has never been the total source of funding for the club. Mr. Whitney indicated most of the value of the club is to the
Clearwater community and they should have more funding than they do.
Commissioner Berfield questioned the amount of their total budget and it was indicated that $160,000 is their yearly budget.
Commissioner Berfield pointed out that the City had provided $40,000 plus facilities at no rent.
Commissioner Deegan asked what the $10,000 would cover. Mr. Whitney indicated it would cover operations until the end of the calendar year. At that time, they hope to have other funding
coming in.
Commissioner Deegan questioned whether or not the City had the club's budget for the coming year and Ms. Harris indicated that the CDBG program should have that information.
Commissioner Deegan expressed concerns that information provided at the end of the last meeting only covered two months and he questioned whether or not all information requested had
been received. He regretted that funds had to be requested every year.
In response to a question, Ms. Deptula indicated city staff has received financial statements but they are currently being audited.
Commissioner Deegan indicated that while the Commission is on the club's side, they do have responsibilities to assure that the monies are being used properly.
Commissioner Thomas stated he would like to have someone on staff assigned to come back with a report regarding what support the club needs and if the City has the information they
need in order to be able to fund the club.
Upon the vote being taken to provide the $10,000, the motion carried unanimously.
Commissioner Fitzgerald expressed a concern regarding Commissioner Thomas' comment stating it might be interpreted as the City of Clearwater will solve the problem.
Commissioner Thomas indicated he just wants to know what the problem is. Commissioner Deegan added there is a need to see what their financial needs truly are.
Mr. Whitney indicated he welcomed city staff helping resolve the financial questions.
The City Manager stated city staff can give a financial analysis of where the monies are going however, it will be up to the club to define what the problems are.
Mayor Garvey questioned where the monies went for the last year. Commissioner Deegan indicated the audit would establish that. The Commission needs to know what the club's future
needs are.
b) Planning & Zoning Board - 1 appointment (CLK)
Commissioner Thomas moved to appoint Jay Keyes. The motion was duly seconded.
Mayor Garvey pointed out that three of the seven members live on the beach and it is Commission policy to try to balance the membership by gender, area, etc.
Upon the vote being taken; Commissioners Deegan, Berfield and Thomas voted "Aye", Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried.
CITY ATTORNEY REPORTS
First Reading Ordinances
ITEM #57 - DISCUSSION & Ord. #5482-93 - Relating to newsracks and vending machines on public r-o-w and on public and private property; creating Sec. 28.10 regulating location of newsracks
and prohibiting installation and maintenance of vending machines on public r-o-w, providing definitions, providing for enforcement and for relocation and removal under certain circumstances
This item was continued.
ITEM #58 - DISCUSSION & Ord. #5473-93 - re: traffic and motor vehicles, amending Sec. 30.057 to increase overtime parking fine from $5 to $10; adding new subsec. (9) to Sec. 30.057 to
provide for $5 surcharge on all parking fines to be used to fund school crossing guard program
Commissioner Thomas suggested making the fines on the beach $10 and on the mainland $7.50. The City Attorney expressed concern regarding the fees not being the same for all citizens.
The City Attorney presented Ordinance #5473-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5473-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #59 - Ord. #5490-93 - adult use ordinance
The Mayor opened the floor for public input.
Jay Carpenter, representing Professionals for Excellence in Health Care, stated that the whereas clauses outline all the concerns regarding adult use establishments. He stated they
result in crime, a decrease in property value and a threat to children. He stated the perception is the City is trying to fit the businesses somewhere into the community. He felt this
was the wrong approach. He felt the City has a duty to go further and the community has a right to define community standards against obscenity, pornography and public nudity. He stated
the City needs a firm public nudity ordinance which can restrict nude dancing facilities. He felt a 300 foot separation requirement was ludicrous as property values diminish if an establishment
is within 1,500 feet. He stated Hillsborough provides for 2,000 feet from a school. He stated there are only several locations where property values would not be devalued.
Kim Booher, representing Concerned Women of America, handed out information she had obtained on how to regulate these types of businesses. She displayed police reports from Tattle
Tales and Baby Dolls. She stated there is room for improvement in the ordinance and that alcohol should be prohibited in sex oriented businesses. She felt 750 feet would be more viable
than the 300 feet proposed. She pointed out that one of the possible sites has a children's facility right across the street. She stated there is also a need for a total ban on public
nudity. She stated Clearwater has been discussing this type of ordinance since 1988 and that in 1993 a pornographic store opened up within two blocks of a school. She requested their
license be reviewed to see if it is valid.
Janna Carpenter, representing 220 parents at the Long Center, expressed concern regarding a possible site being located across from the Long Center. She indicated she had collected
all the signatures in less than two hours and she stated people are outraged. There should be a anti-nudity ordinance.
Jan Halisky, an attorney, stated he and Chris Miller, another attorney, have been working on this ordinance. He stated they recognize there has been a genuine effort to deal with this
problem but believed the ordinance could be made more stringent. He stated the 300 foot distance is based on a 1986 decision where the court noted that 5% of the land is still available
for these businesses. He stated there is no minimum requirement that has been established by the courts. A 1991 case held that the City had police power to protect its citizens from
harmful secondary effects. He also stated a St. John's County Ordinance banning all public nudity has been upheld. He did not believe the Supreme Court would hold that a City must
provide adult use space. He stated the ordinance is putting public morality last and protection of marginal expression first and this is not appropriate. He and Mr. Miller would be
happy to offer assistance and the ordinance can be made more stringent and still defensible.
The City Attorney requested Mr. Halisky's written summary of comments and case cites.
Pam Olsen, representing Countryside Christian Center, stated pornography and sexually oriented businesses are a public health issue. The harms of these businesses include facilitation
of child molestation, a relationship to rape and sexual violence and sexually transmitted diseases. She said it was right for the Commission to set standards for Clearwater. She felt
the ordinance was still not strong enough and there needed to be a larger buffer zone. She was appalled that the Drew Street video store was allowed to open. She again requested
the ordinance be made stronger and that it be pushed to the limits of the law. She felt every available dollar should be spent to fight these businesses. She felt Clearwater should
be an example for other communities.
Christine Robinson, representing Citizens Opposing Pornography, stated she is appalled at what is happening in Pinellas County as there are currently 150 sexually oriented businesses
in the county. She stated that 1 in 3 girls and 1 in 5 boys will be abused by the time they are 18 years old and asked what the City is doing about it. She stated this is not a first
amendment argument but rather it is a question of greed. She requested the Commission see that they do everything they can.
Eric Egger, representing Bruce McCloughlin, distributed a letter and report. He stated most of the studies cited in the ordinance are flawed and irrelevant to Clearwater.
Joyce Fuller stated she owns a decorating business on Druid Road and with this ordinance there is a possibility that an adult book store could open next door. She stated this would
put her out of business.
Tom Yeltsin stated he works with children and is a former addict of pornography. He stated pornography is not harmless and it creates a chemical reaction and spurs males to action.
He does not want pornography in any society. He stated it changes and dements the mind and degrades females. He felt the ordinance was way too lenient.
Marsha Reim stated she lives four blocks from the establishment that opened on Drew Street. She is the parent of a child at Skycrest Christian School. She felt these establishments
are a disease and questioned how they could be a good neighbor.
Greg Jonsey stated the will of the people in the community is being expressed and the 300 foot distance is laughable. He stated a study of pornography found that it is used by those
convicted of rape. He expressed concerns regarding a pornographic store being allowed to open close to a school. He stated the Commission's job is to protect the citizens. He stated
these businesses are preying on young people and there must be stronger laws to shut them down all together.
Anne Garris stated if the Commission were told a business was coming into town to degrade American Indians or Mexicans it would not be allowed. She saw no difference between the degradation
of these ethic groups and women and children. She stated these businesses are more dangerous than alcohol or prostitution. She did not feel they should be allowed within 300 feet of
anything. She requested Clearwater be a family oriented tourist community.
Laverne LaBrecht stated she was a concerned parent and there is a need for a public nudity ordinance. She was present with a 5 year old visiting on the beach who saw a man watching
a women in a T-back bathing suit and relieving his sexual tensions. She felt there should be protection for those on the beach. She stated she was disappointed it has taken 7 months
to produce the ordinance.
Samatha Grizzard stated on behalf of all the children in Clearwater she was requesting a stronger ordinance. She stated she was an abuse survivor and that pornography does affect families.
Julie Schrivnor stated she has a child that goes to Skycrest Christian School and is afraid due to the business opening near by. They have to walk past that location every day. She
requested something be done and that children not be allowed to be hurt.
Gary Lee stated it is government's job to protect the citizens from clear and present dangers. He had a conversation with the wife of a owner of a sexually oriented business and she
explained how easy it was to avoid police. He indicated that whatever someone is paying for is available. He also reported having been told that the woman's husband was having sexual
relations with people at the establishment and he had been determined HIV positive. He expressed concerns that when people are caught in these establishments the fine is minimal compared
to the revenue that these establishments can generate. He stated these establishments' rights end when they infringe on others rights.
Dave Johnson requested Clearwater stand for wholesomeness.
Gil McArthur stated the whole community would be adversely affected by allowing sexually oriented businesses in the vicinity. He stated the Commission has an opportunity to pass a
truly significant ordinance. He stated other communities have dealt with the situation too late and that Florida has obtained the highest crime rate in the nation. He felt Clearwater
should take a step in another direction.
Beth Goodgame stated she has lived in Clearwater since 1956 and is committed to the City of Clearwater. She said she would be most proud if the Commission would have the guts to do
the tough thing. It may be difficult and the law may be challenged but she indicated there were not many people speaking for the other side. She stated she had confidence the Commission
would do the right thing.
Dean Heil stated the Commission was elected to serve the community and they should go the extra mile to protect the citizens.
Bill McCue stated the whole pornographic industry is detrimental to all, even those who make money by it and cited young women foregoing school to make money in these establishments.
Sally Guthrie stated they were dependent on the Commission to make the right decision.
Paula Holmes stated she lives in public housing. She was told this was the worse place to live in Pinellas County. She stated this was not so and she is proud to live there. She
stated if the Commission can do what it has done for Condon Gardens that it can do this for all the citizens. She asked the Commission to stand up for the children.
Tracy Lee stated she was a ex-dancer and has witnessed the harmful effects of these establishments. She stated girls fall prey to drugs and alcohol. She cited an example of a friend
who attempted suicide and of a woman who was raped and murdered after dancing in one of these facilities. She requested the Commission do something about it.
Mayor Garvey thanked all the members of the public who had spoken and questioned whether staff needed to come back with a redraft of the ordinance making sure we are on legal grounds.
Commissioner Thomas felt Commission decision could be given tonight and felt the ordinance should be made as tough as it can now. He did not want to delay the issue.
The City Attorney stated if they reduce the number without banning the establishments all together they could go ahead and adopt the ordinance and amend it further after adoption.
He stated if the whole scope were to change it could place the ordinance in jeopardy.
Commissioner Berfield stated they should pass this on first reading so they could get something on the books. The City Attorney agreed saying there is nothing on the books right now.
He stated he would want to explore further the idea that the establishments could be banned all together, as he did not believe they could be.
Commissioner Thomas referenced a letter from Commissioner Deegan requesting that his suggestions be added at second reading.
Commissioner Deegan questioned whether or not allowances had to be made for hardship.
The City Attorney stated there were two procedural requirements to be followed. He stated that if 5% or more of the property in Clearwater is affected then publication in a newspaper
is sufficient. If less than 5%, the notice must be done by mail. He stated he was felt that we are dealing with more than 5% and the newspaper ad was sufficient. He indicated that
by having the hardship provision it does affect more than 5% of the City.
Commissioner Deegan stated if there has to be a hardship allowance, he wants the standards for variances completely redone because they are too lax.
Commissioner Deegan explained to the audience there was no Commissioner that was not trying to make the laws as tough as they can however, the Commission has a responsibility to stay
within the law. They need to be sure that if the law is challenged, it can be defended because if a challenge is lost, the City would be worse off.
He stated he has asked staff to look at a greater distance or what would happen if one of the zoning districts was eliminated. He emphasized staff has deliberately been trying to keep
these establishments away from residential zones.
The Mayor questioned if the City Attorney was comfortable with first reading tonight and Commissioner Deegan stated some changes could still be made before first reading.
Commissioner Fitzgerald expressed concern regarding the Highway Commercial district being available. He stated this provided the largest number of locations and the most visible.
Commissioner Thomas he would like to do this in two steps, one, completing this ordinance making it as tough as possible and two, to immediately determine what ordinances need to come
forward to remove nudity from the City and to do whatever is needed to totally solve the problem.
Mayor Garvey stated a 500 foot separation distance would result in 2.3% of the City being available for the establishments.
The City Attorney questioned the number of sites that would be available. Mr. Shuford indicated 11 sites would then be available within approximately 2% of the City. He stated if
the Commercial Center district was deleted, all property owners within the Commercial Highway and Light Industrial districts would need to be notified.
Commissioner Deegan questioned which of the two options would provide the least number of available sites. It was indicated if the Commercial Center district is eliminated, that would
result in the least number of site being available.
Commissioner Deegan reiterated that if the intent is to reduce the number as much as possible, this can be achieved by eliminating the Commercial Center district.
Commissioner Thomas questioned the result with a 500 foot issue. The City Manager questioned whether or not the measures would be taken from uses in the enclaves. It was indicated
it would.
Mr. Shuford indicated that 13 of the 24 possible locations would be eliminated.
Commissioner Deegan stated if all three zoning districts were left in, anyone could come in and ask for a variance.
Commissioner Thomas questioned what the effect would be if they did both, eliminate zones and increase the distance requirement. Mr. Shuford indicated there would be approximately
4 sites left, concentrated in the Light Industrial zone.
The Mayor indicated they would have to compete with other legitimate businesses.
Commissioner Thomas stated the City has to do something that is legally defensible but he wants to tighten up the ordinance. He requested the City Attorney be directed to go forward
with the most protective legislation possible regarding all sexually oriented businesses and public nudity.
Commissioner Deegan stated the City has had the advise of legal counsel and have heard the citizens.
Commissioner Deegan moved to amend the proposed ordinance to eliminate the Commercial Center district and to expand the separation distance from churches, schools, parks and recreation
facilities and residential zones to 500 feet. The motion was duly seconded.
The Mayor expressed concerns regarding going against advise of the attorney. The City Attorney suggested that the motion be left pending stating that changes can be made at second
reading and he will try to give the Commission a defensible ordinance.
Commissioner Deegan stated he wanted to have the first reading as tight as possible.
Commissioner Fitzgerald requested consideration of removing the Highway Commercial zone as well.
Commissioner Deegan questioned whether or not to allow in the zone but to make exemptions. The City Attorney indicated they would have to provide specific addresses. He put forward
an idea regarding including the Pinellas Trail as a recreation area. John Richter, Senior Planner, stated if the 500 feet was applied to the trail, it would eliminate most of the properties
in the south Ft. Harrison area.
Commissioner Deegan accepted an amendment to his motion to include the trail as a recreation facility. The seconder accepted the amendment.
Commissioner Thomas questioned if Clearwater Mall and Countryside Mall could be excluded. Mr. Shuford indicated that by eliminating the Commercial Center district there were excluded.
Commissioner Thomas questioned if the Highway Commercial district were eliminated what would be left. Mr. Shuford indicated three sites in the Light Industrial district. He did indicate
there could be four or five depending on how the sites were selected.
The City Manager questioned whether or not areas available in enclaves could count toward the total number of available places. The City Attorney expressed concerns regarding these
properties not being within the City's jurisdiction.
Commissioner Thomas stated he concurred with Commissioner Fitzgerald to eliminate the Highway Commercial district.
Commissioner Deegan indicated this would bring the number of available sites down to three.
Commissioner Thomas stated he had no problem with defending Clearwater's standards in court.
Commissioner Deegan restated his motion: to amend the ordinance to exclude the Commercial Center and Highway Commercial districts, to add the Pinellas Trail to recreation
facilities and to expand the separation distance from churches, schools, parks and recreation facilities and residential zones to 500 feet. The seconder accepted the restatement. Upon
the vote being taken, the motion carried unanimously.
Commissioner Deegan moved to amend the ordinance in Section 41.514, subparagraph 3, that the Commission would hear variance requests when appropriate. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #5490-93 as amended for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5490-93 as amended on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Commissioner Deegan questioned the date of October 18 on page 19, (d). The City Attorney indicated this was the date the processing of this ordinance began.
The meeting recessed from 10:30 p.m. to 10:40 p.m.
ITEM #59a - Ord. #5491-93 - re: Cable Television Systems, to provide for regulation of basic service tier rates and related equipment, installation and service charges of any cable television
system operating in the City
The City Attorney presented Ordinance #5491-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5491-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #59b - Ord. #5434-93 - re: appointive boards & committees of the City; amending Sections 2.061 through 2.069
Commissioner Thomas passed out proposed amendments to this ordinance.
This item was continued.
Resolutions
ITEM #60 - Res. #93-63 - re: requesting county to abate taxes
The City Attorney presented Resolution #93-63 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-63 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #61 - Other City Attorney Items
a) Agreement with Humane Society of Pinellas County
Commissioner Thomas moved to approve an agreement with the Humane Society of Pinellas County. The motion was duly seconded and carried unanimously.
b) (Cont. from 10/18/93) Dail v. City - Dails request to modify payment plan to City
The Dails sued the City for damages due to an injury to Mrs. Dail. A settlement was offered but the Dails refused and the case went to court. The court found in favor of the City
and the Dails were ordered to pay attorneys fees which includes accruing interest.
The Dails had requested the Commission waive their payment of these fees but the Commission determined they should pay the costs. They have been paying $50 per month toward the order
for the past four months. Due to the accruing of interest in excess of their payments, they are falling further in debt.
Attorney Frank Pile has written on their behalf requesting the Dails be allowed to continue to pay $50 per month but that Clearwater waive the interest. In Mr. Pile's letter
it states that if they should fail to make the monthly payments, the interest would once more begin to accrue.
The City Attorney reported that at the current rate, it would take them ten years to pay off the $6,000+ in attorneys fees.
Commissioner Thomas moved to require a $100 per month payment.
The City Attorney stated the request is to forgive the interest and a payment at $50 per month.
The City Manager expressed concerns regarding this case stating that a settlement offer of $40,000 had been offered and the Dails had refused that offer and lost in court. He felt
they should be required to pay all monies owed.
Commissioner Deegan stated he had received a call several months ago from a prominent citizen of the City requesting that the cost be waived as the Dails are a pastor and his wife on
a very low income. He felt the attorney's recommendation should be followed.
Commissioner Thomas reiterated that his motion was that they pay $100 per month.
Mayor Garvey questioned what would happen in such future cases and it was stated they would be handled on a case by case basis.
Commissioner Thomas clarified his motion stating that there be a $100 per month payment which would include interest. The motion was duly seconded. Upon the vote being taken; Commissioners
Berfield, Fitzgerald and Thomas voted "Aye", Commissioner Deegan and Mayor Garvey voted "Nay". Motion carried.
The City Attorney requested a closed session regarding Crouch vs. Clearwater/Klein. The meeting was set for 3:00 p.m. on November 2, 1993.
ITEM #62 - City Manager Verbal Reports - None.
ITEM #63 - Commission Discussion Items - Items a through l - Continued.
Note: a through i are all Cont. from 10/18/93
a) Commission Rules
b) Water Treatment
c) Public Libraries re: # of items checked out
d) Countryside Day - Spring of 1994 - Second Annual
e) Fee Agreement with Snell Isle Properties, Inc.
f) CDBG Funding Levels
g) Budget Advisory Committee recommendations
h) Tracking Items
i) Code Enforcement Certification
j) Dunes on Beach
k) Directives
l) wooden fishing pier
ITEM #64 - Other Commission Action - None.
ITEM #65 - Adjournment
The meeting adjourned at 12:06 a.m. (10/22/93)