01/20/1994 CITY COMMISSION MEETING
January 20, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 20, 1994 at 6:00 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:
Elizabeth M. Deptula Interim City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Acting Assistant City Manager
M. A. Galbraith, Jr. City Attorney
Peter J. Yauch Acting Public Works Director
Scott Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
Mary K. Diana Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Acting Assistant City Manager William C. Baker.
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
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards
A citation of appreciation was presented to the Greenwood Panthers Varsity Flyweight Division for their first place finish in the Pinellas Youth Football Conference Championship.
ITEM #5 - Presentations - none.
ITEM #6 - Approval of Minutes - none.
ITEM #7 - Citizens to be heard re items not on the Agenda
Jim Doran read part of a letter into the record regarding a November 1991 incident involving his son, Russ Doran. He indicated litigation would be the only way to clear his son's name
and credibility.
PUBLIC HEARINGS
ITEM #8 - (Cont. from 1/6/94) Receive public comment re: FY 92-93 CDBG Grantee Performance Report (ED)
AND
ITEM #9 - (Cont. from 1/6/94) Amendments to FY 93-94 CDBG Final Statement (ED)
Commissioner Thomas moved to continue Items 8 and 9. The motion was duly seconded and carried unanimously.
ITEM #10 - Public Hearing & First Reading Ord. #5530-94 - Vacating westerly 1.5 feet of the easterly 7.5 foot utility easement lying along the easterly side of Lot 44, College Hill Estates
(Banks, V93-17)(PW)
The applicant has a pool structure which encroaches approximately 1.33 feet into a 7.5 foot wide utility easement and the decking another 5.3 feet. The City has no existing utilities
within this easement.
This request has been reviewed by the various city departments and divisions concerned with vacations and Florida Power, General Telephone and Vision Cable and there were no objections.
Commissioner Fitzgerald moved to approve the vacation of the westerly 1.5 feet of the easterly 7.5 foot utility easement lying along the easterly side of Lot 44, College Hill Estates.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5530-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5530-94 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 Hearing & First Reading Ords. #5525-94, #5526-94 & #5527-94 - Annexation, Land Use Plan Amendment to Commercial General and CG Zoning for property located at 1914 Atlantis
Dr., Sunset Point Estates, Blk A, Lot 22, 0.14 acres m.o.l. (Touchette, Sr., A93-27, LUP93-36)(CP)
The subject property is located on the west side of Atlantis Drive, one block east of Old Coachman Road, approximately 275 feet north of Sunset Point Road. The applicant wishes to annex
in order to expand his existing building (Flower's Bakery) on the three lots to the south. The lot is undersized for a General Commercial district, but it will be used in conjunction
with the three lots to the south. The combined area of the lots far exceeds the dimensional requirements for lots in the General Commercial district. The property directly across Atlantis
Drive to the east
is utilized for parking for the Little People's Place (day care center), and the property directly to the west is used for retail (Renate's Boutique). The buffering requirements between
commercial and residential property should mitigate possible problems for the single family residential property directly to the north. In fact, with the parking across the street and
the retail business to the rear, the property is poorly suited for development as residential. The land use and zoning change should not be detrimental to the neighborhood.
On January 4, 1994, the Planning and Zoning Board endorsed this request. The Board felt the adjoining neighborhood would be protected through city buffering requirements and through
anticipated conditional use permit conditions.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review will be required.
Central Permitting Director Scott Shuford, referred to an aerial showing the subject property surrounded by commercial and partially commercial developments. Mayor Garvey noted a letter
in opposition to the change in zoning has been received from a resident in the area. Mr. Shuford said the proposed development will require conditional use approval.
Mayor Garvey expressed concern there could be an over expansion of general commercial in the area and Mr. Shuford said he did not see a trend being created by annexing this property.
He indicated staff would be resistent to changes.
Donald Touchette, applicant, presented photographs of the existing building which he leases to Flower's Bakery. In response to questions, Mr. Touchette responded the building sits on
Lots 19, 20 and 21. Lots 17 and 18 are already in the City. He said the bakery wants to expand and modernize the building.
Commissioner Deegan said there has been concern expressed regarding the huge trucks that would be coming into the residential neighborhood. Mr. Touchette responded two semis would deliver
the baked goods as they do now, would not be servicing the building addition and would not be going north on Atlantis Drive. It was noted this is a distribution center and no baking
takes place on the premises.
Commissioner Thomas moved to approve annexation, a 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 #5525-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5525-94 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 #5526-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5526-94 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 #5527-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5527-94 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 #12 - Public Hearing & First Reading Ords. #5522-94, #5523-94 & #5524-94 - Annexation, Land Use Plan Amendment to Residential Low and RS-8 Zoning for property located at 1654 Owen
Dr., Orange Blossom Sub., N 10 feet of Lot 17 & 60 feet of Lot 18, 0.22 acres m.o.l. (Alexiades, A93-26, LUP93-35)(CP)
The subject property is located on the west side of Owen Drive, approximately 230 feet south of SR590 and 1,120 east of US19. The applicants wish to annex to obtain city sewer service.
The lots in Orange Blossom Subdivision, which are in the City, have a future land use plan classification of Residential Urban and RS-8 zoning. The Countywide future land use classification
for the property is Residential Low. Staff recommends adopting the Countywide land use of Residential Low and assigning RS-8 zoning. After the proposed Residential Planned Development
District ordinance revisions are adopted by the City, the property should be assigned the appropriate Planned Development District designation, RPD-E.
On January 4, 1994, the Planning and Zoning Board endorsed this request.
Commissioner Deegan moved to approve annexation, a land use plan amendment to Residential Low and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5522-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5522-94 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 #5523-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5523-94 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 #5524-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5524-94 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 #13 - (Cont. from 1/6/94) Public Hearing & First Reading Ord. #5509-94 - RM-8 Zoning for property located at 1706 N. Highland Ave., Grove Circle Sub., Lot 16 (Smith, Z93-13)(CP)
The subject property is located on the southwest corner of Grove Circle Court and North Highland Avenue, between Sunset Point Road and the Seaboard Coastline Railroad. The applicant
is requesting rezoning in order to upgrade his residential care facility (six beds) to a Level 1 group care facility (eight beds). Level 1 group care facilities are not allowed in single
family zoning districts, but are permitted uses in the RM-8 district. In 1989, a conditional use permit was approved for the applicant's property for a ten bed ACLF facility. A six
month extension of this conditional use permit was approved by the Planning and Zoning Board on June 19, 1990, but the use was never established. On September 20, 1990, the city code
was changed to delete Level 1 group care facilities from the RS-8 zoning district. This prevented further consideration of the applicants' proposal without a change in zoning.
The property along North Highland Avenue from Sunset Point Road south to the Seaboard Coastline Railroad has a mix of land use categories: Commercial General,
Institutional, Residential High, and Residential Urban. North Highland Avenue is classified as a City collector. The road is proposed to be improved within the next two years.
While there is no future land use plan amendment associated with this request, the proposed amendment could be considered spot zoning. The property is less than the four acres minimum
area suggested in the Land Development Code for establishing such a district. Staff is reluctant to support this request because it promotes further fragmentation of the zoning pattern
in this area.
On January 4, 1994, the Planning and Zoning Board recommended denial of this request but did direct staff to bring forward a Land Development Code amendment to allow Level 1 group care
facilities in the RS-8 zoning district as a conditional use with some limitations such as being located on an arterial roadway.
Mr. Shuford said the Planning & Zoning Board's proposal of bringing forward an amendment to the code was a compromise and was endorsed over allowing a rezoning.
Leo Smith, applicant, concurred with the Planning & Zoning Board's proposal.
Bob Bickerstaffe spoke in support of the proposed amendment indicating the use will be the same; the applicant just wants to upgrade his facility.
Mr. Shuford said HRS guidelines control the upgrading of facilities.
Commissioner Fitzgerald found the current proposal to be appropriate; however, urged caution when allowing these type facilities in single family neighborhoods. Mayor Garvey pointed
out there is a distance separation requirement and Commissioner Fitzgerald responded currently these facilities are not allowed in single family areas. Mr. Shuford said the intent of
the ordinance is to allow these facilities only on the periphery of single family zones and access would be required from an arterial roadway. Mayor Garvey asked the definition of an
"arterial" roadway and it was indicated there was no clear definition, that "arterial" is graphically defined.
Commissioner Fitzgerald expressed concern these type facilities may start intruding into single family zones and again urged that extreme caution be used in setting up the ordinance.
Commissioner Deegan moved to deny the request for RM-8 zoning for the subject property and directed staff to come back with a land development code amendment allowing Level I group care
facilities in the RS-8 zoning district as a conditional use. The motion was duly seconded and carried unanimously.
ITEM #14 - Public Hearing & First Reading Ords. #5533-94 & #5534-94 - Land Use Plan Amendment to Institutional and P/SP Zoning for property located at 3190 McMullen-Booth Road, Turtle
Brooke Sub., Parcel A, 2.55 acres m.o.l. (Wright, LUP93-38, Z93-52)(CP)
The subject property is located in the City, on the west side of McMullen Booth Road, across from its intersection with Briar Creek Boulevard, approximately midway between SR580 and
Curlew Road (SR586). North Bay Community Church plans on purchasing this property and utilizing it for church purposes. The intended initial use of the property includes a service
road along the front of the property with access to McMullen Booth Road across from Briar Creek Boulevard. This will provide access to the church from the northbound lanes on McMullen
Booth Road after the planned improvements to that road are completed. The property lies between two parcels zoned P/SP.
McMullen Booth Road is designated as a scenic/non-commercial corridor by the Pinellas Planning Council (PPC). The proposed land use classification has been allowed by the PPC in similar
circumstances. Staff feels the proposed land use and zoning are appropriate for this location and circumstances.
On January 4, 1994, the Planning and Zoning Board endorsed this request.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs reviews will be required.
Bruce Barnes spoke in support of the application indicating the church has outgrown their present space. He noted the church now owns the subject property.
Commissioner Fitzgerald moved to approve a land use plan amendment to Institutional and P/SP zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5533-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5533-94 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 #5534-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5534-94 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 #15 - Public Hearing & First Reading Ords. #5531-94 & #5532-94 - Land Use Plan Amendment to Institutional and P/SP Zoning for property located at 701 N. Missouri Ave., New Country
Club Addition, Lot B, Lot 12 less road on west, and N 135' of unplatted Blk C west of the 1/2 section line, 0.97 acres m.o.l. (City, LUP93-39, Z93-53)(CP)
The subject property is located in the City on the southeast corner of North Missouri Avenue and Seminole Street, across from the Jack Russell Stadium and the National Guard Armory.
The property has been leased by the City to the Clearwater Head Start Project since 1978. There is a building on the south part of the property which is used as classrooms. The north
part has a fenced outside play area. The Head Start Project needs additional building space for its expanding enrollment. The present zoning does not permit additional construction
on the site. The proposed future land use plan and zoning atlas amendments are being requested to permit the proposed expansion. The property is under the minimum size for a P/SP lot
since it is slightly under one acre. However, the amendments would be an expansion to the existing P/SP districts to the west and south.
On January 4, 1994, the Planning and Zoning Board endorsed this request.
Pinellas Planning Council/Countywide Planning Authority and Florida Department of Community Affairs review will be required.
Commissioner Thomas moved to approve a land use plan amendment to Institutional and P/SP zoning for the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5531-94 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5531-94 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 #5532-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5532-94 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 #16 - Alcoholic Beverage Distance Separation Variances for property (Waterfront Pizza Restaurant) located at 490 Mandalay Ave., Clearwater Beach Park, Lots 57-63 and part of Lot
64 (Mary G. Realty, Inc./Gionis, AB94-02)(CP)
The applicant is requesting two alcoholic beverage separation distance variances to permit a 2-COP (beer/wine sales for on premise consumption) alcoholic beverage license. The applicant
proposes to expand the existing restaurant establishment to provide more seating for his clientele. The proposed closing time for the operation is 12:00 midnight, with outdoor sales
limited to 11:00 p.m.
Two variances are required due to the proximity of a similarly licensed establishment (Jammin's) and the existence of a CR-28 zoning district immediately abutting the subject property
to the west side.
This use would be a conditional use under the proposed amendment to the alcoholic beverage regulations since more than 10% of the total floor area of the center contains alcoholic beverage
uses.
On January 4, 1994, the Planning and Zoning Board approved the conditional use permit subject to: 1) there shall be no other alcoholic beverage sales uses (both package and consumption
on premise) within the retail center; 2) approval shall be for on-premises consumption of alcoholic beverages only with no package sales; 3) the requisite occupational license shall
be obtained within six months from the date of this public hearing; 4) the building shall be used in such a manner as to retain its status as a retail center; 5) the applicant shall
obtain the requisite alcoholic beverage distance separation variances from the City Commission; 6) all signage on the property shall be brought into compliance with the city sign regulations
within 30 days of this public hearing; 7) the closing time for the use shall be no later than 11:00 p.m. for exterior seating and 12:00 midnight for interior seating; and 8) there shall
be no entertainment or outdoor speakers associated with the use.
Mr. Shuford indicated the request is for a minor expansion in an area away from the residential neighborhood.
Commissioner Deegan asked how many additional seats were being proposed. Mr. Shuford responded thirteen would be allowed per the Fire Marshall.
Commissioner Berfield asked if condition #1 imposed by the P&Z Board meant no other alcoholic beverage sales uses in the entire center. Mr. Shuford responded this was the case. He
said the center is classified as a retail complex and already exceeds the parking
requirements regarding alcoholic beverage sales uses. In response to a question, Mr. Shuford said the owner agrees to the condition which has been in effect for 1-1/2 years. Commissioner
Berfield asked if the condition is binding on the owner and the City Attorney said the condition is part of the record. Mr. Shuford said Tom Gionis has been designated to represent
the owner.
Commissioner Thomas asked who are the principal shareholders of Mary G. Realty. Mr. Tom Gionis stated he and Nick Gionis are. Commissioner Berfield felt there should be a procedure
in place to assure that property owners are in agreement with conditions imposed by staff when represented by someone else.
Commissioner Thomas moved to approve a variance of 68 feet to permit alcoholic beverage sales 132 feet from a similarly licensed establishment and a variance of 297 feet to permit alcoholic
beverage sales 3 feet from a residential zone for the subject property. The motion was duly seconded and carried unanimously.
ITEM #17 - Alcoholic Beverage Distance Separation Variances for property (Ole Park Dinner Theatre) located at 1102 N. Greenwood Ave., Greenwood Manor, Lot 1 less road and part of Lot
2 less road (Bridges, AB94-01)(CP)
The applicant is requesting two variances to permit a 4-COP-SRX alcoholic beverage establishment to be located 60 feet from a residential zone and 80 feet from a church. The subject
property is a restaurant named Ole Park Dinner Theatre. The owner proposes to re-establish this previous use in the North Greenwood neighborhood.
Under the proposed changes to the alcoholic beverage regulations, including the ordinance the Commission received and referred after this application was received, this use would not
be permitted since it is a new use and is proposed in proximity to a church. However, based on the community standards of the North Greenwood neighborhood this use is acceptable. Consequently,
if the Commission wishes to allow the re-establishment of previously existing alcoholic beverage uses in this area, staff recommends the prohibition of these uses within 500 feet of
a church proposed for the revised alcoholic beverage regulation revisions not be included for the North Greenwood Commercial District.
Last year, staff "polled" the North Greenwood neighborhood groups regarding the number of alcoholic beverage establishments along North Greenwood Avenue. This "poll" included the North
Greenwood Design Review Committee, the North Greenwood Association and the Clearwater Neighborhood Housing Services Board. The consensus of these groups regarding this issue was that
alcoholic beverage sales at existing or historically-occurring locations were acceptable, but such sales at new locations were not.
The Police Department submitted a report on this proposal, indicating its concern regarding alcoholic beverage sales at this location. The report notes the applicants do not have criminal
records in conflict with city code.
On January 4, 1994, the Planning and Zoning Board approved the conditional use application for alcoholic beverage sales associated with this request subject to: 1) the applicant shall
obtain the requisite occupational license within six months of this public hearing; 2) the applicant shall obtain a separation variance from the Commission; 3) approval shall be for
a 1
year trial period from date of issuance of the occupational license to allow an evaluation of the proposed operation's compliance with law enforcement regulations; and 4) there shall
be no outdoor entertainment or speakers.
Harry Cline, attorney representing the applicant, stated approval of the request will allow the applicant to reopen the Ole Park Dinner Theatre. He said this would be consistent with
the historic use and the report fostered by the 1988 North Greenwood Commercial District Plan. He noted the residents are in favor of the request. He pointed out the negative police
report did not occur when the property was under Mr. Bridges operation. He said the property was used as a rental hall and one of the events got out of hand. Mr. Cline said Mr. Bridges
has lived in the neighborhood a long time and wants to give back to the community. Mr. Bridges has no police record and ran the Blue Fountain without any problems. Mr. Cline pointed
out the community does not have a facility of this type. He found this to be a unique circumstance due to the zoning. He said any alcoholic beverage establishment would require a distance
separation variance. He believed there would be no adverse impacts and said he has received letters in support from the North Greenwood Association, a retired police officer from Bridgeport,
Connecticut, where Mr. Bridges operated a business, and other businesses in the area.
Austin Watts, Jr., concerned citizen, spoke in support of the request indicating this facility would give the residents a place to go.
Lamont Cobbs spoke in support indicating this facility would create entertainment opportunities and/or enjoyment for people of all ages. He said Greenwood is full of destructive activities
and something positive is needed to help eliminate the problems.
Cherry Harris said a nice place is needed in the Greenwood area and supported the request.
Isay Gulley, Clearwater Neighborhood Housing Services (CHNS), said the CNHS board would support facilities in the Greenwood area that had alcoholic beverages previously. She said reestablishing
the previous use would create job opportunities.
Mayor Garvey felt the building was conducive to a fine restaurant and supported the request.
Commissioner Deegan asked if the negative police report resulted in failure to meet standards 5-7 of the land development code. Mr. Shuford responded this was the case.
Commissioner Deegan asked if the negative police report occurred when the property was under the management of Mr. Bridges. Mr. Shuford responded this occurred when Mr. Bridges was
renting out the property. He said no one in opposition to the request appeared at the Planning & Zoning Board meeting.
Commissioner Deegan said he holds Mr. Bridges in high regard and believed allowing an enterprise of this sort would help with revitalization efforts in the area. He pointed out there
would be a review in a year. He supports the application.
Commissioner Fitzgerald supported the request indicating it would benefit North
Greenwood. He said he is aware of Mr. Bridges' good reputation and feels a facility of this type would provide job and entertainment opportunities.
Commissioner Thomas agreed; however, questioned what would happen if Mr. Bridges no longer operated the business. Mr. Shuford said any change of ownership of an alcoholic beverage establishment
would come back to the Planning & Zoning Board; however, the variance would run with the land. Mr. Shuford pointed out an amendment to the alcoholic beverage regulations is being discussed
which would allow automatic renewal in the case of change of ownership. Commissioner Thomas felt there needed to be some check and balance in case there was a change in ownership.
Mayor Garvey expressed concern in prejudging any possible new owner.
Mr. Shuford responded proposed changes to the code may make this a permitted one with no separation variances required. Staff has also been considering eliminating the separation distance
procedure.
The City Attorney suggested adding a condition that, not withstanding any subsequent amendment to the land development code that might be adopted, the approval of the variance is personal
to the applicant and upon a change of business ownership the new owner will apply for conditional use approval.
Mr. Cline said he understood Commissioner Thomas' concerns; however, did not agree with applying a condition on this applicant that is not applied to others. Commissioner Thomas responded
North Greenwood has had a long series of problems with businesses that sell alcohol. He supported this establishment; however, indicated this area is not the same as other areas in
the community. He said there is a need to be responsible on how variances and/or changes are granted. He felt this or any future Commission should have the right to review ownership
changes.
Mr. Cline recommended the conditional use process remain as is regarding change of ownership. He noted when three citations are issued against a business in the State of Florida a license
is revoked. He felt there were a multitude of safeguards regarding the sale of alcoholic beverages.
Commissioner Berfield wanted assurances that under age drinking will be monitored. She also expressed concern regarding an ownership change. Mr. Cline pointed out currently the code
deals with change of ownership. He said if there are problems in the future, then that is the time to deal with them.
Commissioner Thomas moved to approve two variances to allow alcoholic beverage sales uses 60 feet from a residential zone and 80 feet from a church for the subject property because the
applicant has met all the standards for approval for Section 45.25 of the City of Clearwater Code of Ordinances subject to (1) the applicant shall obtain the requisite occupational license
within 6 months of this public hearing; (2) the approval shall be for a one-year trial period from the issuance of the occupational license to allow an evaluation of the proposed operation's
compliance with law enforcement regulations; (3) there shall be no outdoor entertainment or speakers; and (4) not withstanding any amendments to the land development code that may later
be adopted, this approval is based upon the reputation of the applicant and
personal to the applicant, upon a change of business ownership the new owner shall be required to apply for and obtain conditional use approval and a separation variance. The motion
was duly seconded.
Commissioner Fitzgerald felt the Commission was establishing a requirement on this particular area and individual and not establishing the same requirement across the board. He said
he agreed there have been difficulties in the past but felt an area or an individual should not be prejudged until there is evidence of a problem. He said there are mechanisms in place
to deal with problems. He said he would like to vote for the request; however, did not agree with the added condition. He said this condition brings into focus something that should
be considered prior to a change in the code.
Mr. Cline said it is unfair to place this condition on Mr. Bridges' request.
Mayor Garvey said she supported the request; however, not with the added condition. She said this condition was not being uniformly applied to other properties and found it vastly unfair
to place it on this property.
Commissioner Thomas spoke to the additional condition indicating this application has been sold based on Mr. Bridges' reputation. Mayor Garvey responded not to her. Commissioner Thomas
said the City has been trying to rebuild the community for a long time. He felt there was a direct correlation of alcohol abuse to crime. He said the condition provides that in the
event of a transfer of the business, it would come before the Commission. Mayor Garvey questioned whether this provision should be left in the code so that everyone meets the same requirements.
Commissioner Thomas amended his motion by deleting the words "and a separation variance." The City Attorney explained by doing this only conditional use approval would be required and
would be consistent with the current code. The seconder accepted the amendment.
In response to a question, the City Attorney said the proposed additional condition is designed to put a condition on the application that would survive a change to the land development
code.
Commissioner Fitzgerald said he did not see why something different had to be established for this particular application.
Commissioner Berfield saw no need for the condition regarding a change in ownership as it did what was already in the code.
Commissioner Thomas amended his motion by deleting the condition regarding ownership change. The seconder concurred.
Upon the vote being taken on the motion to approve two variances to allow an alcoholic beverage sales use 60 feet from a residential zone and 80 feet from a church for the subject property
because the applicant has met all the standards for approval for Section 45.25 of the City of Clearwater Code of Ordinances subject to (1) the applicant shall obtain the requisite
occupational license within 6 months of this public hearing; (2) the approval shall be for a one-year trial period from the issuance of the occupational license to allow an evaluation
of the proposed operation's compliance with law enforcement regulations and (3) there shall be no outdoor entertainment or speakers, the motion carried unanimously.
ITEM #18 - Public Hearing & First Reading Ord. #5513-94 - Amending Sec. 35.11, to define "Church" and "School"; amending Secs. 41.081 & 41.091, to revise information required to be provided
by applicants for conditional use approval for alcoholic beverage establishments; prohibiting alcoholic beverage establishments within 500' of a church or school; providing no variances
from such minimum distance requirements shall be permitted (LDCA 93-27)(CP)
The Commission directed staff to prepare an interim ordinance addressing the separation of alcoholic beverage uses from churches and schools. These changes will ultimately be included
in the comprehensive alcoholic beverage regulation ordinance being prepared, but the Commission felt more immediate action was needed with regard to schools and churches.
The ordinance was considered by the Commission for first reading in December; however, this particular amendment involves the Land Development Code, and requires Planning and Zoning
Board approval prior to Commission action. Staff is therefore recommending the Commission "re-approve" the ordinance on first reading.
The ordinance will prohibit alcoholic beverage uses from locating within 500 feet of a church or a school, except in three of the four Urban Center subdistricts. No variances to this
prohibition would be allowed. "Churches" and "schools" are defined in the ordinance to improve clarity.
Staff recommends adoption of the ordinance with three changes: existing alcoholic beverage uses within 500 feet of churches and schools should be permitted to expand by up to a maximum
of 50% of their floor area (at the time of adoption of this ordinance); the ordinance should be revised to reflect the distance separation is from conforming churches and schools; and
the North Greenwood Commercial District should be exempted from these requirements, if the Commission wishes to follow the recommendation of the North Greenwood community concerning
previously-existing alcoholic beverage uses.
On January 4, 1994, the Planning and Zoning Board recommended denial of this ordinance as they felt alcoholic beverage uses should be considered on a case-by-case basis, with no outright
prohibition of consideration of any commercial area, regardless of proximity to a church or school. The Board was also concerned about the more stringent 500 foot separation distance
requirement.
Mr. Shuford reviewed the proposed changes indicating the Planning & Zoning Board is recommending denial of the proposed ordinance and the Development Code Adjustment Board expressed
concern in no provision for granting a variance. He presented a map showing the impact of going from a 300-foot to a 500-foot separation which reflected little difference. He noted
with Belleair Elementary School adjacent to Sunshine Mall and Searstown, requiring a 500-foot distance separation with no provision for a variance would preclude new alcoholic beverage
uses from locating in either of the two centers.
Commissioner Fitzgerald expressed concern the ordinance is too restrictive and worked against the economic development of the community. He said he was opposed to the ordinance. Commissioner
Thomas asked what in the proposed ordinance prevents variances from being granted on a case by case basis and Mr. Shuford said the ordinance establishes a prohibition for variances.
Commissioner Thomas supported the 500 foot separation but did not support no provision for variances.
Discussion ensued regarding amending the ordinance to allow provision for granting variances.
Anne Garris felt the Commission was very reluctant to turn down variances. She said there is a need to do something positive to protect churches and schools from intrusion of alcoholic
beverage establishments. She asked the Commission to give serious consideration to not allowing variances from the 500 feet.
Bob Bickerstaffe asked if the measurement is being made from the property line or from the building. Mr. Shuford said this ordinance would measure from the property line which is substantially
more stringent. Mr. Bickerstaffe pointed out the Holiday Inn, with the Greek Church located behind it, could not rebuild under this ordinance. Commissioner Deegan said the ordinance
allows a 50 percent expansion for existing facilities. Mr. Bickerstaffe said measuring from property line to property line would eliminate almost all rebuilding. He recommended suitable
distances between buildings and found variances to be necessary in redevelopment.
Commissioner Thomas found this to be a complex issue and felt the Commission should review the alcoholic beverage ordinance as a whole.
Commissioner Thomas moved to deny a land development code amendment regarding the separation of alcoholic beverage uses from churches and schools. The motion was duly seconded.
Commissioner Thomas recommended dealing with the alcoholic beverage ordinance at a work session.
Commissioner Berfield, referring to the Clearwater High issue regarding alcoholic beverages, asked why the Planning & Zoning Board could not deny the application. Mr. Shuford said different
boards are designed to look at different areas of an application. Staff is proposing to have one board review the total issue regarding alcoholic beverage applications.
Ms. Deptula said a work session regarding this issue will be scheduled for February 28, 1994.
Commissioner Thomas asked if this work session should be done jointly with the boards involved and it was indicated not at this time.
Upon the vote being taken, Commissioners Fitzgerald and Thomas and Mayor Garvey voted "aye;" Commissioners Berfield and Deegan voted "nay." Motion carried.
ITEM #19 - (Cont. from 1/6/94) Public Hearing & First Reading Ord. #5512-94 - Amending Sec. 42.34 to prohibit parking, displaying or storing of motor vehicles on grass or unpaved areas
zoned for multiple family or nonresidential use unless approved as a grass parking lot (LDCA 93-19)(CP)
The Community Response Team has requested a code amendment be prepared to preclude vehicles and other objects from being parked, displayed or stored on required open space and landscaped
areas. The Team is finding it difficult to keep displays, storage and parking from occurring on these areas, given current code language. This amendment should provide the specificity
needed by the Team to ensure adequate enforcement.
The CERTF reviewed the item on September 15, 1993, and recommended adoption subject to its application to all residential properties.
The Development Code Adjustment Board recommended approval of this amendment and endorsed the Task Force's recommendation that the ordinance also be applied to single family residential
properties.
The Planning and Zoning Board recommended adoption of the ordinance as written due to their concern that the ordinance would require single family, duplex, triplex, and townhouse uses
(i.e., non-multifamily residential uses) to have paved driveways and parking areas; the Board felt turfblock, mulched, graveled, or even grass parking areas were appropriate in certain
circumstances for these low intensity residential uses. The Board felt a separate ordinance should be prepared to address these less intense residential use situations.
Both Boards also felt a separate ordinance should be developed to address parking in the grassed areas of public right-of-way between the curb and the sidewalk. Staff recommends the
Planning and Zoning Board recommendation be followed.
Mr. Shuford stated the Community Response Team requested staff clarify language regarding parking on open space and landscaped areas and an ordinance addressing multi-family and non-residential
uses was developed. This ordinance requires all vehicles in multi-family or non-residential zones to be parked on a paved surface. He said if single-family is added to this ordinance
it would be in contradiction with other sections of the code. He said staff is suggesting following the P&Z recommendation adopting the ordinance as written and going back and dealing
with single family, duplex and triplex uses separately.
In response to Mayor Garvey's question, Mr. Shuford responded staff is suggesting not making the amendment to include single family zones and to approve the ordinance as written. He
said the motion to include single family had been recommended by the Code Enforcement Review Task Force and was brought up at receipt and referral of the item.
Commissioner Berfield expressed concern accepting the amendment would be in conflict with other sections of the code.
The City Attorney recommended deleting the second Section 2.
Commissioner Thomas agreed the single family issue should be dealt with separately.
Commissioner Thomas moved to amend Ordinance 5512-94 on first reading by deleting the second Section 2. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5512-94 as amended for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5512-94 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.
ITEM #20 - Public Hearing & First Reading Ord. #5521-94 - Amending Sec. 44.51, to provide for increased area for attached signs in residential areas (CP)
Commissioner Berfield moved to continue this item to the regularly scheduled meeting of February 3, 1994. The motion was duly seconded and carried unanimously.
The meeting recessed from 8:47 p.m. to 9:03 p.m.
Public Hearing - Second Reading Ordinances
ITEM #21 - Ord. #5461-93 - Land Use Plan Amendment for property located at 601, 605 & 607 Orange Ave., Turner's Third Add., Blk 12, Lot 4, Parcel A, to Institutional AND 604 & 606 Bay
Ave., Turner's Third Add., Blk 12, part of Lots 1 & 2, Parcel B, to Institutional, 0.50 acres m.o.l. (Episcopal Church of the Ascension LUP93-26)
The City Attorney presented Ordinance #5461-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5461-93 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 #22 - Ord. #5462-93 - Zoning for property located at 601, 605 & 607 Orange Ave., Turner's Third Add., Blk 12, Lot 4, Parcel A, to Public/Semi-Public AND 604 & 606 Bay Ave., Turner's
Third Add., Blk 12, part of Lots 1 & 2, Parcel B, to Public/Semi-Public, 0.50 acres m.o.l. (Episcopal Church of the Ascension Z93-10)
The City Attorney presented Ordinance #5462-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5462-93 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 #23 - Ord. #5506-94 - Establishing City's commercial recycling program including a competitive rate schedule
The City Attorney presented Ordinance #5506-94 for second reading and read it by title only.
Ms. Deptula asked the Commission to reconsider the requirement the rates could not be adjusted more than 50 percent.
Assistant Public Works Director Robert Brumback said publishing the lower limit in the ordinance allows for undercutting by the competition. He said the pro forma imposes an automatic
bottom line amount and requested the stipulation in the ordinance be removed.
Commissioner Thomas said if the 50 percent limit is listed the customer will be looking to use this percentage as a starting point for negotiation. He said the marketplace will determine
the price.
Ms. Deptula said she would prefer any cap be taken out and pointed out this affects commercial recycling only.
Commissioner Thomas moved to amend Ordinance 5505-94 in Section 32.322 by deleting in the last sentence the words "however, the rates may not vary more than 50 percent above or below
the base rates approved by the city commission unless the rates are first approved by a resolution establishing a revised base rate schedule." The motion was duly seconded and carried
unanimously.
Bob Bickerstaffe spoke in support of deleting the 50 percent cap.
Commissioner Deegan asked if the City is going to go through all the requirements to register as a recovered materials dealer. Mr. Brumback indicated he will register with the City
and expects all the other dealers to register as well.
Commissioner Deegan asked if there will be enough time for competitors to comply with the effective date of this ordinance. Mr. Brumback said it will be tight but the City has always
extended the courtesy of a reasonable length of time to do business.
Mayor Garvey asked if there is a reason for a February 1 date. Mr. Brumback said this service was set up annually and found the February 1 date to be adequate for future years. He
said the first year will be somewhat rough as the state has not gotten their procedures together.
The City Attorney said if the deadline is going to be tight or impossible, he would recommend changing it to March 1. Mr. Brumback said there will only be a problem the first year and
the state will probably not have their procedures in place until July.
Commissioner Deegan pointed out the ordinance requires registration with the City by February 1 and requires certification pursuant to state law. He said the only date certain at this
time is the date to register with the City.
Mr. Brumback agreed with the March 1 date and said he will continue to work with the state.
Commissioner Thomas moved to amend Ordinance 5506-94 in the title by changing February 1, 1994 to March 1, 1994. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to pass and adopt Ordinance #5506-94 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 - No item.
ITEM #25 - Ord. #5508-94 - Amending various sections within Ch. 45 to establish minor variances and provide for minor variance approval by the Development Code Adjustment Board (LDCA
93-24)
Commissioner Thomas moved to continue this item to the regularly scheduled meeting of February 3, 1994. The motion was duly seconded and carried unanimously.
ITEM #26 - Ord. #5511-94 - Amending Secs. 40.261-40.264 regarding revisions to Planned Development District requirements (LDCA 93-16)
Commissioner Thomas moved to amend Ordinance #5511-94 on page 5, Section 40.264(c)1, change "a portion of site" to "more than ten percent of the site or the addition of a use or uses
not specifically approved for the district". The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5511-94 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5511-94 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. #5514-94 - Vacating portion of 10' east/west alley, lying between the former C.S.X. Railroad and Hamlet Avenue, Map of Belleair, Blk 15 (Mallory, V93-16)
The City Attorney presented Ordinance #5514-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5514-94 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #28 - Ord. #5516-94 - Land Use Plan Amendment to Residential High for property located at 1110 Pine Ave., Mary Land Sub., Blk B3, Lots 1-12 and vacated west 1/2 of Madison Ave.,
1.89 acres m.o.l. (RHA/Florida Properties, Inc., LUP93-37)
The City Attorney presented Ordinance #5516-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5516-94 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #29 - Ord. #5517-94 - RM-28 Zoning for property located at 1110 Pine Ave., Mary Land Sub., Blk B3, Lots 1-12 and vacated west 1/2 of Madison Ave., 1.89 acres m.o.l. (RHA/Florida
Properties, Inc., Z93-51)
The City Attorney presented Ordinance #5517-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5517-94 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #30 - Special Items of widespread public interest
a) Water Supply Status Report - Rescheduled to the regularly scheduled meeting of February 3, 1994.
ITEM #31 - Citizens to be heard re items not on the Agenda
Shirley Moran asked why outside displays of merchandise are allowed downtown and not on the beach. Mayor Garvey responded downtown has been granted a special exception to help with
revitalization efforts.
Joe Evich requested the funds realized from sale of Sun Bank Building go back to their original source.
CITY MANAGER REPORTS
ITEM #32 - Membership in Pinellas Public Library Cooperative, effective 10/1/94 (LIB)
The Pinellas Public Library Cooperative was formed in January, 1989 when twelve local communities with public libraries signed an interlocal agreement to provide library service to any
resident of the member library communities or unincorporated Pinellas County in exchange for
county tax funds. The City of Clearwater chose not to join at that time.
During the past four years, the library cooperative has developed a successful track record. In March, 1993, the Clearwater Public Library Advisory Board formed a task force to re-evaluate
co-op membership. After meeting with co-op member library directors and studying the impact that opening library usage to county residents might have on Clearwater, the Library Board
unanimously voted to recommend joining the Pinellas Public Library Cooperative. The Library's support groups, Friends of the Clearwater Library and the Greater Clearwater Public Library
Foundation, have also voted in favor of co-op membership.
The approximately $500,000 per year in county funds will be used primarily to purchase library materials and hire support staff for the East and Countryside branches, which are anticipated
to receive the greatest impact from co-op membership. It is important the Commission understand that the county funds are reimbursement for service to county residents; they are not
intended to supplant the local operating budget which serves Clearwater residents. The co-op funds will be deposited to a separate account and handled as a grant.
Dr. Arlita Hallam, Library Director, explained that after taxes paid by county residents increase, county residents will pay $19 next year for library services while Clearwater residents
pay $31.59. She said dedicating co-op funds to serving the added county residents will result in an effective reimbursement of $27.16 per non-resident borrower.
She said the East and Countryside branches are expected to experience the greatest drain on their collections. Half of the approximately $507,000 to be provided yearly by the co-op
will be used to purchase library supplies for those locations and 13.5 additional staff will be hired. She estimated it will take four years to return the turnover rate at East and
Countryside back to the present level.
Dr. Hallam said because it is not a member of a county system, the Clearwater Public Library System is not now eligible for state project or construction grants. If Clearwater joins
the co-op, it may apply for one of four annual project grants made available to Pinellas County and for library construction grants. If Clearwater joins the co-op, it will qualify for
17% of the 85% of the total co-op fund.
Dr. Hallam pointed out the diversity of collections offered in local communities. Clearwater residents would no longer be limited to their 450,000 materials but could use the additional
1.6 million materials. She said the information highway system is developing at a very rapid speed and if the City is going to be a vital part of this system, the City needs to be a
member of the co-op.
Frederick Dunn spoke in support of joining the cooperative as it would not cost the taxpayers and would improve our library system. There would be money in grants from the state which
could be used for library services.
Sheila Cole spoke in opposition indicating she did not believe in getting something without strings attached.
David Berry, Library Board, spoke in support indicating joining the cooperative system
would provide the opportunity of delivering greater library services.
Tony Bacon, Library Board, said he has been working on the project for a year. He pointed out there are three strong support groups of the library who voted to join.
Bob Wright, Budget Advisory Committee, said the BAC voted unanimously not to join the co-op strictly on a financial basis. He said the committee felt to join would mean a substantial
increase in the budget or a decrease in services to the citizens. He expressed concern it would take four years to get the service at Countryside and East Libraries back to where it
is today.
Bob Bickerstaffe said it has taken a long time to build Clearwater's library. He said if all the cities had equivalent resources to Clearwater, he would be in favor of joining.
Joe Evich questioned the percentage of allocations of the funding pool. He questioned what would happen if Clearwater joins and then pulls out. He felt there needs to be agreement
in regard to the funding. He wondered whether the county should take over the libraries and operate them.
Mayor Garvey responded Clearwater would have control of what happens to their library and how much the City puts in. She said if the current level of library service is maintained,
Clearwater taxpayers would be paying the same amount as they do now. The City of Clearwater would collect 17 percent of the funding pool.
Marvin Moore spoke in opposition indicating every time the County is involved in the operation of something it costs the citizens of Clearwater money. He said the citizens need to ask
themselves whether the citizens would be better off by joining the cooperative, can the citizens be shown they will not be bearing a disproportionate share of the financial burden and
can the county administer the system more effectively. Dr. Hallam clarified the county would not be administering the system, a cooperative board made up of representatives of the various
cities would be responsible.
Daniel Moran complimented the boards for their hard work; however, did not support joining the cooperative. He said Clearwater has the finest system in Pinellas and surrounding counties.
He felt by joining the coop, the City would be lowering their standards and the system would suffer. He felt the cost to the taxpayers would far outweigh the return.
Dick Twining spoke in opposition expressing concern Clearwater would lose control of the library. He felt the City would be giving more than they were receiving. He did not see any
benefit in joining.
Anne Garris spoke in opposition indicating some concerns still exist. She said the City has been trying to convince the enclaves to join the City and felt joining the cooperative would
be a disincentive to annex. She said Clearwater will be picking up the tab for those who do not want to become part of the City because it is less expensive. She said the proposal
has not been presented to the homeowner groups or Chamber for input. She questioned whether the taxpayers of Clearwater know that we are paying substantially more than the City of St.
Petersburg and receiving the same allocation percentage, that Clearwater has no guaranty of representation on the board, Clearwater already has the services being promised and that it
will
be four years before the East and Countryside Libraries can service the influx in population. She expressed concern there was no guarantee that the beach library would continue if
the City lost control. She did not feel Clearwater should be paying the major part of the bill and asked that more research be done.
Referring to the East and Countryside Libraries being hurt by joining the cooperative, Dr. Hallam clarified the current turnover rate of 3.8 would go to 4.9 and did not find this to
be devastating. She noted there has been a long standing resolution from the Chamber of Commerce supporting the cooperative.
Bill Raffaniello, Library Board member, commented that joining the cooperative is not fair to the Clearwater taxpayer in a sense; however, found it to be equitable.
Commissioner Fitzgerald said it is his understanding the anticipated increased usage if the City joined the cooperative would be 18,000 additional users. Dr. Hallam responded that is
the worst case scenario for the East and Countryside Libraries. It would total 20,000 plus for the entire system.
Commissioner Fitzgerald, referring to the $507,000 to be provided to the City this year by the co-op, asked if this is reimbursement for the additional users. Dr. Hallam responded this
would be mainly for increased circulation. He said he was trying to breakdown the $507,000 into a per user fee and it was indicated this would amount to $24.25 per user. He pointed
out many of our neighboring communities have become interested in libraries in the last couple years. He said he did not support joining the co-op in the past. He extended his personal
thanks to everyone involved in the project. He said he is convinced joining the co-op is in the best interest of the City and felt the advantages outweigh the disadvantages. He said
while there will be an added use in some parts of our system, it opens up resources to our citizens by adding 1.6 million items. It will also open the door to additional state funding
the City currently cannot get.
Mayor Garvey questioned how Clearwater citizens will impact the other libraries and Dr. Hallam said she did not know.
Commissioner Berfield felt there were positive results on both sides. She referred to a comment made that joining the co-op would help in not having to build additional branches and
indicated she did not know any were planned. Dr. Hallam responded nothing is in the planning. Commissioner Berfield pointed out the Commission overruled a referendum to build the East
and Countryside branches as they felt there was a definite need to do so. The citizens now see the advantages of providing library services in that area. She said she is not questioning
the dedication of either the citizens who are for or those who are against the co-op; however, feels the other libraries in the system have a long way to go to be up to Clearwater's
standards. She said she would feel more comfortable with assurance Clearwater will have representation on the board. She expressed concern for those Clearwater residents on fixed
incomes having to pay more than the county residents and indicated this is one of the main reasons she did not support joining the co-op.
Commissioner Thomas did not like Clearwater paying more than non-residents. He said he did not want to see Clearwater losing their edge by joining the co-op. He did not believe the
1.6 million title increase, indicating nobody has the vast majority of titles Clearwater has. He
said anyone can walk into any library and look up information without paying. He said he would support the issue if it was a level field with everyone contributing the same.
Commissioner Deegan said he has done a synopsis of the pros and cons of joining the co-op. He considered whether there would be any impact on the long range plan of the library of which
the co-op was not a part. He said it is the understanding if Clearwater joins the co-op, they would be eligible for state funds. He felt as independents, the City should still be eligible
for some state funds. He indicated the Palm Harbor Director felt the
money received from the co-op was not enough to offset the increase in utilization. He noted the money from the co-op would go into a separate fund and could not be used to replace
current funding. He questioned if Clearwater increased their funding, would their allocation increase. He reviewed the 1991 Bordner Study which showed 7 percent of Clearwater residents
were interested in joining the co-op. He noted Clearwater residents pay $32 to use the library; non-residents pay $37 to use the Clearwater system and the county charges non-residents
$100. He said the real desire to join is coming from the professionals and the volunteer groups associated with the library. He felt the pros and cons seem to balance themselves.
He seriously considered the recommendation of the BAC as their main objection was financial but indicated he felt it would benefit the citizens to join the co-op. He said the other
libraries have improved since being members and did not feel Clearwater's joining would cause them to do anything different. He did not feel the citizens would be harmed even though
they would be paying more than others. There is a potential for increased circulation; however, he pointed out there are waiting lines at the East and Countryside Libraries that may
be alleviated by joining the co-op. He pointed out the Bordner Study showed 71 percent of users of the Clearwater Library do so for recreational use. He challenged the Library Director
and her staff to improve in the areas listed in the Bordner Study. He said he supports joining the co-op.
Mayor Garvey said she was impressed when the Library Board, who was originally opposed to joining the co-op, changed their minds. She believed in order to look toward the future Clearwater
needs to be part of the cooperative. She felt the citizens would benefit because of increased access to resources. She said the City will still maintain control of their system. She
pointed out county residents are currently using our library without paying. She said we have two years to see how joining the co-op affects Clearwater and felt the City will see success.
Commissioner Deegan moved to join the Pinellas Public Library Cooperative effective October 1, 1994. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald
and Deegan and Mayor Garvey voted "aye;" Commissioners Berfield and Thomas voted "nay." Motion carried.
ITEM #33 - Purchase of property located at 375 Hampton Road from John W. Seabolt and Dianne Seabolt Siems, reject $80,000, offer appraised value of $75,000, with environmental audit,
closing and survey costs estimated at $1,706, for a total estimated $76,706 (PW)
The City is committed to widen Hampton Road from Drew Street to Gulf-to-Bay Boulevard, based on development orders for the Park Place development adopted by the Commission in Ordinance
#5142-91, to a three lane urban section.
Construction plans require the City to obtain additional right-of-way areas from owners on
both the east and west sides of Hampton Road and a location of a surface water retention area. The Seabolt/Siems property is one of the parcels necessary for the project and purchase
is proposed for both right-of-way needs and as a surface water retention area.
John W. Seabolt, an heir to the estate of Ruth Green Seabolt, listed the property for sale at $75,000 with Klein & Huechan, Inc., Realtors, in the spring of 1993. Dianne Seabolt Siems,
also an heir, would not sell at $75,000, but did agree to accept $80,000 for the property. The City obtained an appraisal of the property on September 28, 1993 from Hunnicutt-Arnold,
Inc. at $75,000. An addendum letter to the appraisal was provided to the City on November 3, 1993 valuing the property at $65,000 based on analysis of an additional comparable property
then under contract for purchase.
It is believed the purchase of this entire property will provide the necessary storm retention area needed for the project, along with the right-of-way needed from this parcel. FDOT
must approve the use of this property for connection of the proposed storm retention system to the existing FDOT storm drainage system in Gulf-to-Bay Boulevard. Application for FDOT
approval is being processed.
Property records indicate ownership of this parcel extends to the center of Hampton Road. If the City does not acquire the entire property it would incur the expense of filing a prescriptive
plat by occupation and maintenance of that portion of the property through the maintained roadway. Additional right-of-way would still be required that would extend through the front
porch improvements of the existing structure. It is anticipated this additional right-of-way requirement could lead to an expensive condemnation action. For these reasons, staff recommends
the purchase for just right-of-way purposes with the use of the property for storm retention as an additional incentive.
The available balance of $803,950 as of December 17, 1993, in the Hampton Road capital improvement project is sufficient to fund this purchase.
Commissioner Deegan moved to reject a purchase contract with John W. Seabolt and Dianne Seabolt Siems for $80,000 and to approve said purchase contract for an appraised value of $75,000
with environmental audit, closing and survey costs estimated at $1,706 for a total estimated cost of $76,706 for property addressed as 375 Hampton Road. The motion was duly seconded
and carried unanimously.
ITEM #34 - Exchange of property with Addie L. Campbell, each property valued at $176,500, the city exchanging property located at 2144 Calumet Street for vacant industrial land containing
approximately 1.55 acres in Sec. 12-29-15, with estimated transaction and closing expenses of $4,530 (PW)
On June 1, 1993, Max Battle, as agent for Addie L. Campbell, proposed to the City's Public Works Director an exchange of approximately 1.55 acres of Ms. Campbell's vacant industrial
property abutting the eastern edge of the City's new solid waste facility site, for city-owned surplus property at 2144 Calumet Street.
A value of $2.50 per square foot was determined for Ms. Campbell's property based on a March 11, 1992 appraisal review by the Pinellas County Property Appraiser's office. An
additional $0.10 per square foot was added for existing asphalt paving and fencing for a total value of $2.60 per square foot. The city-owned Calumet property was appraised at $176,500
on October 27, 1992 by William H. Caldwell, State Certified General Appraiser. The appraisal valued the approximately 46,479 square feet of land on the Calumet property at $2.90 per
square foot, or $134,800 total, and the value of the improvements at $42,000 (rounded). The negotiated contract will provide an equal exchange of the Calumet property for 1.55 acres
of the Campbell property without additional consideration or "boot". The Commission declared the Calumet property surplus to city needs at its meeting of November 21, 1991 for the purpose
of selling or exchanging the property. Sun Engineering has provided the legal description and survey of the Campbell property being exchanged.
Environmental audits of both properties were performed in July and September, 1993, by EnviroAssessments, Inc., the lowest responsible bidder, with each party paying the costs to assess
the property it would receive in the exchange. The City cost to audit the Campbell property was $2,600. Ms. Campbell paid $2,275 to audit the Calumet property.
As a result of the environmental reports, a pollutant storage removal and closure assessment, at a total cost to the City of $3,943, was performed August 25, 1993 for a 150 gallon underground
diesel heating oil tank on the Calumet property. Additionally, the City will spend $1,930, as determined by competitive bid, to remove asbestos flooring from the Calumet property.
Mr. Battle has deposited $965 with the City as reimbursement of one-half the cost of the asbestos removal. After the activities as noted above, environmental contamination of both properties
is now at levels below state guidelines. The exchange contract affirms that the properties are being exchanged subject to environmental conditions as disclosed in the audits.
On October 21, 1993, the Commission adopted Ord. #5351-93 rezoning the property from Public/Semi Public (P/SP) to Limited Industrial (IL), thereby making the zoning consistent with the
surrounding area.
The exchange is beneficial to the City for the purpose of "squaring off" the new solid waste facility site, and to provide additional space for City solid waste/recycling plans.
Each party to the exchange will pay its own closing expenses in the transaction. Estimated City closing expenses for title insurance, documentary stamps and closing fees is $2,600.
The available balance of $178,022 as of December 2, 1993, in the New Facility capital improvement project is sufficient to fund this exchange.
Commissioner Berfield moved to accept and approve a Contract for Exchange of Property with Addie L. Campbell, each property valued at $176,500, with the City exchanging property addressed
as 2144 Calumet Street for vacant industrial land containing approximately 1.55 acres in Section 12-29-15 with estimated transaction and closing expenses of $4,530. The motion was duly
seconded and carried unanimously.
ITEM #35 - First Reading Ord. #5528-94 - establishing a reporting date of 5/15/94 and Res. #94-7 - reappointing certain members and appointing new members of the Clearwater Affordable
Housing Advisory Committee (AHAC) and establishing term of appointment (ED)
On June 17, 1993, the Commission considered a staff report to establish the Clearwater State Housing Initiatives Partnership Program (SHIP) Housing Assistance Program and appoint the
Affordable Housing Advisory Committee (AHAC). Second reading of Ord. #5410-93 occurred on July 1, 1993 with an effective date for the Program on August 1, 1993. The appointment of
an AHAC is a requirement of the SHIP Act to receive entitlement funding from the increase in the documentary surtax passed during the 1992 Legislative Session. The SHIP regulations
also require that six of the members have expertise in a particular field.
The Commission appointed the existing AHAC. Ordinance #5410-93 mandated that the committee's initial term be for six months but allows reappointment for subsequent terms for a time
period to be designated by the Commission. The Committee has not completed the charge mandated in the Commission's adopted resolution and ordinance, which is identical to the mandate
contained in Section 420.9076, Florida Statutes.
The Committee's recommendations are due 9 months from the adoption of the ordinance or by April 1, 1994. Ordinance #5528-94 will change this date to May 15, 1994. The Florida Statutes
require submittal to the State of the adopted Affordable Housing Incentive Plan within one year of adoption of the Housing Assistance Program or by July 1, 1994. Therefore, the revised
deadline requires the Committee to produce their report on or before May 15, 1993 to allow public review of their recommendations and adequate time to schedule the Commission's public
hearing.
Consensus of the Committee is that only members who regularly attended should be given consideration for reappointment. Resolution #94-7 is prepared without the names of former members
who did not attend any meetings. Appointments to the Committee must meet the categories of membership required in Section 420.9076, Florida Statutes.
The Committee also agreed to request that the Commission appoint alternative members who would willingly serve in a regular member's absence, that members who have two unexcused absences
be automatically removed from membership, and the alternative members, if eligible for the specific category of membership, automatically be elevated to membership if a vacancy occurs.
Resolution #94-7 does not reflect this request since it conflicts with the Commission's adopted ordinance governing advisory committees. Additionally, the alternates can be invited
to all meetings and allowed to participate as a full but non-voting member.
The Commission directed that negotiations begin to allow the Clearwater Housing Authority (CHA) to administer the program. The CHA Executive Director, Deborah Vincent, is still the
administrator of this program.
Members recommended are: William Turner (labor engaged in home building), Joe McFate (Advocate for low income persons), Isay Gulley (Provider for low income persons), Bertha Kelley (real
estate profession), Judy Mitchell (At-Large), Annette Patterson (At-Large), Mary Myhill (Banking/mortgage industry) and Shirley Moran (At-Large). (Note: It was later determined that
Ms. Myhill is not a Clearwater resident and therefore could not be offered the appointment; also, the residential building industry seat is vacant.)
The City Attorney presented Resolution #94-7 and read it by title only. Commissioner
Deegan moved to pass and adopt Resolution #94-7 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.
The City Attorney presented Ordinance #5528-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5528-94 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 #36 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban and RS-6 Zoning for property located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres
m.o.l. (Roetzer, A93-30, LUP93-41)(CP)
The subject property is located on the south side of Sunset Point Road, approximately 1,250 feet west of McMullen-Booth Road. The applicants are building a single family house under
a County building permit and wish to obtain city sewer service. The construction will be in compliance with the City's zoning requirements for RS-8, which is the zoning proposed for
this property.
Commissioner Deegan moved to receive the request for annexation, a land use plan amendment to Residential Urban and RS-6 zoning for the subject property and refer it to the City Clerk
to be advertised for public hearing. The motion was duly seconded and carried unanimously.
ITEM #37 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Medium and RMH Zoning for property located at 2991 Gulf to Bay Blvd., 2.66 acres m.o.l. (Wilder Corp.
of Delaware, A93-29, LUP93-42)(CP)
The subject property is located between Gulf-to-Bay Boulevard and Tampa Bay, and is approximately 1,650 feet west of McMullen-Booth Road. The property is occupied by the Bayside Trailer
Gardens which has 61 mobile home spaces. The mobile home park has its own sewerage system. The Pinellas County Public Health Service has issued a "Notice to Abate a Sanitary Nuisance"
to the trailer park. The request for annexation is made in order to allow the Bayside Trailer Gardens to connect to the City's sewer system.
The applicant's representative has been advised that the annexation is subject to Recreation Facility Land and Recreation Facility Impact Fees. The Recreation Facility Land Fee is estimated
to require the dedication of 5,850 square feet of property for parklands. This parcel size is considered too small for a viable park site, and there are no adjacent parklands for it
to be combined with. It is recommended that a payment in lieu of donation of parkland be accepted. Staff also recommends that the applicant be permitted to connect to the City's sewer
system upon payment of the recreation impact fees or after land dedication, and after meeting all
requirements of the Public Works Department.
The applicant owns submerged lands adjacent to Lot 18 for which he has agreed to submit a separate application for annexation. Staff proposes to process the annexation of these submerged
lands with the submerged lands adjacent to Lot 17, which the owners thereof have agreed to annex. Staff recommends that the future land use plan amendment for these submerged lands
be submitted to the Florida Department of Community Affairs as part of a regular Comprehensive Plan submission, rather than the small scale amendment review proposed to be used for the
mobile home park.
Commissioner Berfield moved to receive the request for annexation, a land use plan amendment to Residential Medium and RMH zoning for the subject property and refer it to the City Clerk
to be advertised for public hearing and to authorize cash payment in lieu of parkland dedication and to authorize the Public Works Department to permit the applicant to connect to City's
sewer system after all applicable fees have been paid and all city requirements are met. The motion was duly seconded and carried unanimously.
ITEM #38 - Appointment of Charter Review Committee
Commissioner Thomas appointed Joe Evich and Gerald Figurski; Commissioner Fitzgerald appointed Curlee Rivers and Kenneth Hamilton; Commissioner Deegan appointed Karen Seel and Al Lijewski;
Commissioner Berfield appointed Anne Garris and Tony Salmon and Mayor Garvey appointed Les Smout and Jerry Lancaster.
Interim City Manager Betty Deptula asked direction regarding staff's involvement with the Charter Review Committee and suggested staff prepare a "white paper" of items they wish to have
addressed by the Committee. Commissioner Deegan found this to be an excellent idea and indicated staff could be on call for the committee. Mayor Garvey pointed out staff would be required
to provide clerical support for producing minutes. Commissioner Deegan felt someone other than the City Clerk could provide this support. He also felt the City Attorney need not be
present at all committee meetings.
Discussion ensued in regard to setting a time frame for the committee to complete their review of the charter to have their report ready. It was recommended to set a deadline of mid
July to have the ballot language ready for the November county election. Commissioner Fitzgerald expressed concern regarding insufficient time for the committee to review the charter
pointing out this was a problem encountered by the previous CRC.
Commissioner Deegan moved to have the Charter Review Committee conclude their work within six months (July 15, 1994). The motion was duly seconded and upon the vote being taken; Commissioners
Berfield, Deegan and Thomas voted "Aye", Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried.
ITEM #39 - Other Pending Matters
a)(Cont. from 1/18/94) Ratify/Confirm emergency awarding of contract to demolish the unsafe structure at 630 Drew Street (Old Ice House) to Phoenix Wrecking, for $15,221 (CP)
The structure known as the "Old Ice House" located at 630 Drew Street was declared an unsafe structure by Clearwater's Building Official on July 18, 1993, in accordance with Subpt. C,
Article VII, Section 47.161, Clearwater Code of Ordinances. The owner was given until August 21, 1993 to comply with the Notice of Unsafe Building.
The owner did not appeal the Building Official's Notice of Unsafe Building nor comply with the order. The case went to the Municipal Code Enforcement Board on September 9, 1993. The
Board ordered corrective action take place within fifteen (15) days or a $100 per day fine be placed on the owner.
The owner filed for a permit with a timetable to complete work, but no action was taken. Therefore, on October 12, 1993, another Notice of Unsafe Building was issued. The Notice gave
the owner until November 12, 1993 to complete repairs, or the City would take action to cause demolition of the unsafe building.
On November 15, 1993,, a title search was ordered, as well as a request for bids for an asbestos survey. The asbestos survey found some asbestos, requiring what is known as a "wet demolition"
where the structure must be kept wet during demolition and the asbestos materials must be disposed of in an approved site. The title search revealed the owners are Robert Schoeller
and Cynthia Daniel with Republic Bank as the mortgage holder. Information has been supplied to them since the beginning of the project.
The Purchasing Division advertised the project for bids, and opened the bids on December 23, 1993. The contract was awarded to the lowest responsible bidder meeting all of the bid specifications,
Phoenix Wrecking. The bid was awarded prior to City Commission approval because of the emergency nature of the project.
Timothy Johnson, attorney representing the owners, noted the City Attorney is now advising if an agreement is not reached, the City will have to start the demolition process over and
a new notice, new hearing, citation, etc. may be required. He said a lot of work has been done to the building to render it safe and starting over will result in a lot of time and money
being spent and the building will still not be up to City standards. Mr. Johnson presented the following options: (1) accepting the agreement proposed, making the changes requested
by the City Attorney in his memo dated January 19, 1994, and agreeing to take the necessary actions to apply for site plan approval which would all be accomplished in a proposed timeframe;
or (2) go along with Commissioner Thomas' suggestion they be required to get a certificate of occupancy; however, extend the deadlines two-months.
Mr. Johnson said the question regarding obtaining a certificate of occupancy came up today. Up until this time they have only been addressing the building envelope. He said obtaining
the CO would require more work which would necessitate a minimum of two months to achieve.
Mayor Garvey believed the City's intent was to improve the exterior of the building and Commissioner Thomas said he thought the intent was to rebuild the building. He said he would
be in agreement if the exterior was completed by the original date and the CO was obtained 60 days later. Mr. Johnson said he did not know how the accomplishment of the design work
would affect the time frame. Commissioner Thomas said what had been indicated was that the outside
of the building could be done under the proposed schedule and the interior could be done 60 days later.
Mr. Johnson said his client's wish is not to be tied to the time frame for the certificate of occupancy as he is concerned two months is not going to adequate. He felt the City was
going beyond their intent of making the building safe and eliminating an eyesore. Commissioner Deegan said the reason for demolition was to get rid of the eyesore. He indicated he
went along with the agreement because eventually the building would be usable and indicated he did not want to wait five years. He questioned moving all the dates back two months.
Mr. Johnson said he believed the envelope and the interior of the building could be constructed in seven months. He said two months were added for design of the interior which gives
his client to June 15, 1994 to apply. They would start construction July 31, 1994 and complete the project March 16, 1995. Mr. Johnson said his client has just informed him it will
taken two additional months to finish the interior of the building.
Mayor Garvey said the first priority should be to eliminate the eyesore and then to have a thriving gallery.
Mr. Johnson asked what is deficient about the east side of the building. The City Attorney responded there are narrow gaps in the fence where people could get through. Mr. Johnson
said his client will fix the gaps.
Commissioner Thomas said he would be amenable to allowing 90 days to complete the interior provided the exterior of the building was completed by January 15, 1995.
Commissioner Fitzgerald asked if what is being proposed is a change from the original agreement. Commissioner Thomas responded it is a merger of the January 19 and January 20, 1993
proposals which establish a time table of January 16, 1995 to renovate the exterior of the building and a maximum of 90 days from that date to complete the interior has been established.
In response to a question, Mr. Johnson said all work will be done according to code and he is aware of retention requirements.
A new agreement is to be drawn up and considered at the Special Meeting for Sign Variances on January 24, 1994.
CITY ATTORNEY REPORTS
ITEM #40 - Other City Attorney Items
a) First Reading Ord. #5537-94 - Amending schedule of fees, rates and charges for traffic and motor vehicles to establish a toll rate for the Jolley Trolley for the use of the Clearwater
Pass Bridge
The Interim City Manager reported a question has been raised regarding whether it was a conflict of interest for Commissioner Berfield to vote on this item as she serves on the Jolley
Trolley Board.
The City Attorney read the rule indicating, as it is written, it would preclude Commissioner Berfield from voting.
Commissioner Deegan indicated it was not the intent to prohibit a Commission member from voting on an issue impacting an agency if the Commission had appointed the Commissioner to serve
on that agency's board.
Commissioner Deegan moved to amend Commission Rule 7 to add "except when the Commission member has been appointed by the Commission to serve on the board as a representative of the City."
The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Fitzgerald, Deegan and Thomas voted "Aye", Mayor Garvey voted "Nay". Motion carried.
The City Attorney presented Ordinance #5537-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5537-94 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 #41 - City Manager Verbal Reports
a) National Golf Foundation Consulting Service
Interim City Manager Betty Deptula reported an audit of the Glen Oaks Golf Course would cost approximately $7,000 with the final report being sent to the Commission by March 4, 1994.
Ms. Deptula said that due to the time frame, it was impractical to go out for bid.
There was discussion regarding the Foundation paying for half of the audit and it was recommended a copy of the proposal be sent to them.
Commissioner Thomas moved to approve the contract with National Golf Foundation Consulting Service to audit the Glen Oaks Golf Course and to proceed in good faith that the Foundation
will pay half of the costs of the audit. There was no second.
Commissioner Deegan stated the study would analyze the current operation of the golf course not the Chi Chi Rodriguez Youth Foundation, Inc.
Laurie Diane Kaye said she has a home in the area of the golf course and on numerous occasions the police have been called regarding trespassers. She said the apartments in the area
cannot be rented. She asked the Commission to put their energy into helping the people on the east side.
Commissioner Thomas responded staff has been asked to review all options to find the best use for the property. He said there have been no directions given to do away with anything.
In response to a question, Ms. Kaye said she is opposed to some of the options that had been mentioned such as a boot camp, condominiums, etc.
Bob Bickerstaffe spoke to the method of auditing the golf course. Ms. Deptula pointed out the audit is a performance audit not a financial one.
Commissioner Fitzgerald questioned whether the City had internal capabilities to do the audit. Commissioner Deegan responded he suggested this service be used because they are experts
in this field. Ms. Deptula said there are all levels of expertise in the City; however, felt the NGF would provide a different aspect.
Majority consensus was to go forward with the audit.
Joe Evich asked if there is any ordinance or regulations on the books requiring reports if the City makes donations. The City Attorney said he is not aware of any. Commissioner Deegan
stated it was common practice for the City to require financial reporting by agencies to which the City provides support.
b) Realignment of Airport Drive
Mayor Garvey did not support signalization on Airport Drive and Hercules Avenue. Acting Public Works Director Peter Yauch said concern has been expressed regarding the safety issue
in the area and recommended this item be agendaed. This issue will come back as a regular item.
c) Status of new City Hall
Acting Assistant City Manager Bill Baker distributed the design criteria package to the Commission. This item will be discussed on January 31, 1994.
ITEM
Interim City Manager Deptula reported the Pinellas Planning Council (PPC) has continued to February 16, 1994, the City's request to change the countywide rules to increase the FAR (floor
area ration) for hospitals from .65 to 1.0.
Commissioner Berfield encouraged the deferral in order for the Commission to review proposed new language to the rules drafted by PPC staff as a compromise and cooperative effort with
the Town of Belleair and Morton Plant Hospital.
Ms. Deptula said staff recommends staying with the original request adopted by the Commission and rejecting the proposed language to avoid jurisdictional and legal difficulties associated
with requiring an applicant to obtain approval from two jurisdictions to develop in one jurisdiction. Staff feels any valid intensity concerns associated with the development of Morton
Plant Hospital can be handled through site plan review as part of the planned development zoning process. Commissioner Berfield expressed concern the PPC was getting into an area of
Home Rule.
ITEM #42 - Commission Discussion Items - None.
ITEM #43 - Other Commission Action
Commissioner Berfield reported the Jolley Trolley route no longer goes to the end of Island Estates. A public hearing will be scheduled to finalize the entire route.
Commissioner Deegan congratulated Peter Yauch regarding the training session on the newsracks/vending machines ordinance. An enforcement sweep will start on January 27, 1994.
Mayor Garvey asked direction regarding how to handle National Mayors' Council correspondence requesting positions on issues. It was felt she should decide how she wishes to handle the
requests.
ITEM #44 - Adjournment
The meeting adjourned at 12:38 a.m. (1/21/94).