01/14/1997 - 9:00 AM CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
January 14, 1997
Present: Rita Garvey Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Robert Clark Commissioner
Ed Hooper Commissioner
Karen Seel Commissioner
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
Pamela K. Akin City Attorney
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 9:02 a.m. at the Adler room in the Main Library.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
ITEM #2 - Appeal of Delphi Academy from Approval of Conditional Use Change of Business Ownership by Planning and Zoning Board CU 96-57 Wawa Food Mark (J. & Sophia Karas)
Pursuant to Section 6.27 of City Code, businesses with conditional use permits to sell alcoholic beverages are required to seek conditional use approval to change business ownership.
J. and Sophia Karas applied for and were granted approval for change of business ownership for Wawa Food Mart at 1881 Drew Street. The Delphi Academy of Florida is appealing the Planning
and Zoning Board’s approval.
Pursuant to Section 36.065, appeals of conditional use decisions regarding the sale of alcoholic beverages are to the City Commission. The Commission must follow all provisions and
requirements regarding the conduct of the hearing. The burden is upon the appellant to show the Board’s decision cannot be sustained by evidence before the Board..
Commissioner Johnson moved to receive the minutes and tape of the November 5, 1996, Planning and Zoning Board meeting. The motion was duly seconded and carried unanimously.
Bettina Pope, appellant representing Delphi Academy, opposed selling alcoholic beverages close to a school as it sets a poor example for children. She said such sales are forbidden
by code. She expressed concern store patrons would drink alcoholic beverages in the vicinity of the store and create a hazard for the students.
Raid Snan, authorized representative, said he took over the store’s management on October 3, 1996. The store has sold beer and wine in its present location for more than 25 years.
Store policy forbids the sale of alcoholic beverages to minors. Consumption of alcoholic beverages on the premises is not allowed. In response to a question, the City Attorney said
according to Code, alcoholic beverages can be sold within 500 feet of a school or business with
approval of a conditional use permit. It was stated the school is on the former grounds of Skycrest Baptist Church and the market predates the church and nearby Skycrest Elementary
School.
It was felt the City cannot judge against a business operator when no change of business had occurred. It was recommended conditional use approval should not be required for ownership
changes of businesses selling alcoholic beverages. Based on the Planning and Zoning Board’s conditions of approval, it was felt the standards of approval have been met. The change
of ownership did not change the building’s purpose.
Commissioner Johnson moved to deny the appeal of Delphi Academy and uphold the decision of the November 5, 1996, Planning and Zoning Board meeting. The motion was duly seconded and
carried unanimously.
The City Attorney said she will reduce the order to writing and bring it before the Commission for approval. The Legal Department was complimented for the organization of presented
materials.
Slavin Management Consultants, Inc. Meeting
The City Manager scheduled a Special Meeting with Robert Slavin of Slavin Management Consultants, Inc. to discuss the City Manager search for 4:00 p.m. on January 23, 1997, at a Pinellas
County Commission meeting room. Individual meetings with Mr. Slavin and City Commissioners will be scheduled. The City Manager indicated Slavin’s bid did not include the cost of bringing
candidates to Clearwater for interviews or for City representatives to visit candidate worksites.
ITEM #2 - Adjournment
The meeting adjourned at 9:27 a.m.