Loading...
10/20/1988 CITY COMMISSION MEETING October 20, 1988 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 20, 1988, at 6:01 p. m., with the following members present: Rita Garvey Mayor/Commissioner James L. Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Planning Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. 3 service pins were awarded to City employees. IV - Introductions and Awards. Employee of the Year, 1988 - Fred Lloyd, Parks & Recreation Citation of Appreciation was awarded to Sara Elizabeth Godfrey for outstanding contribution to the Youth of Clearwater in winning International PeeWee Golf Championship. V - Minutes of the Regular Meeting of October 6, 1988. Commissioner Nunamaker moved to approve the minutes of the regular meeting of October 6, 1988, as corrected by the City Clerk. Motion was duly seconded and carried unanimously. VI - Presentations - None. VII - Citizens to be heard re items not on the agenda. Louis Kwall, attorney for DeSantis, requested DeSantis's case be settled; requested investigation of Police Department disciplinary actions. Commission directed expeditious pursuit of rehearing before the Civil Service Board, as ordered by the Court and the investigation of the Police Department's disciplinary actions. VIII - Public Hearings. Item #9 - (Contd. from 9/15/88) Public Hearing & First Readings Ordinances 4665-88, 4666-88, 4667-88 - Petition for Annexation for Parcels 1 and 2; a Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and P/SP Zoning for Parcel No. 1 and RS-6 Zoning for Parcel No. 2 for a total parcel of 1.39 acres located at the SE corner of the intersection of CR 31 and Bay View Ave. apx. 800 ft. S of Gulf-to-Bay Blvd.; Lots 2 and 3, Blk. 7, Town of Bay View and part of Tracts B and C, M.A. Smith's Bayview Sub., Sec. 16-29-16 (House of Prayer, Inc./ Cummings) A 88-22, LUP 88-18. (PUD) There are two single family residences and one small freestanding guest cottage located on Parcel No. 1, which are proposed to be converted to church office uses in conjunction with the property on the W side of Bay View Ave. There is an existing single family residence on Parcel No. 2, for which the Recreation Facility Fee has been paid. City water, sewer and natural gas are available to the property. Commissioner Berfield moved to approve the requested annexation, land use plan and zoning amendments including the adjacent ROW of Pen Mar Drive and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4665-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4665-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4666-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4666-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4667-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4667-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #10 - Public Hearing & First Reading Ordinances 4693-88 and 4694-88 - Petition for Annexation and RS-4 Zoning for a 1.14 acre parcel located on the E side of Landmark Dr. apx. 450 ft. N of Geiger Ct.; M&B 22.03, Sec. 21-28-16 (Geiger) A 88-27. (PUD) The existing residence on the property is proposed to be removed. The parcel will then be developed in conjunction with a portion of the parcel to the north into two single family lots. City sewer is available to the property. The existence of a 50 ft. drainage and utility easement along the north side of proposed Lot 3 would make the request for an RS-2 district zoning impractical as it would severely limit the width of any proposed residence. A zoning amendment and a subdivision plat which affect this property have been submitted for consideration. Commissioner Berfield moved to approve the requested annexation and zoning amendment and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4693-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4693-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4694-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4694-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #11 - Public Hearing & First Reading Ordinance 4695-88 - Zoning Atlas Amendments: Parcel No. 1 (4.15 acres) from RPD-4 (Residential Planned Development 4 DU/Acre) and RS-2 (Single Family Residential) to RPD-3.7 (Residential Planned Development 3.7 DU/A) and an Amendment to the Certified Site Plan; Parcel No. 2 (.51 acres) from RPD-4 to RS-2; and Parcel No. 3 (.4 acres) from RPD-4 and RS-2 to RS-4 located between McMullen-Booth Rd. and Landmark Dr. apx. 600 ft. N of Geiger Ct. off Landmark Dr.; M&B 22.02, Sec. 21-28-16 (Geiger) Z 88-19, PSP 83-29. (PUD) Parcel No. 1 is developed with two buildings consisting of 14 dwelling units and one storage building on the west end of the parcel. The .51 acre parcel on which the storage building is located is proposed to be deleted from the RPD parcel. The parcel zoned RS-2 adjacent to McMullen-Booth Road was originally included in the RPD site plan. In the zoning atlas change-over under the new Land Development Code in 1985, through a scrivener's error it remained in the RS-2 zoning. It was included in the site plan and should have been RPD-4. The site plan requires amending due to the deletion of .56 acres (Parcel No. 2 and the E 44.32 feet of Parcel No. 3). Proposed lot 2 adjacent to Parcel No. 2 is developed with one single family residence and is zoned RS-2. The .51 acre parcel (Parcel No. 2) proposed to be deleted from Parcel No. 1 is to be added to proposed Lot 2. The storage facility on this parcel is proposed to be used as a garage in conjunction with the existing residence. Parcel No. 3 is made up of a vacant portion of the RS-2 parcel to the north and a small portion of the RPD-4 parcel which are proposed to be zoned RS-4 and developed in conjunction with the parcel to the south which is under consideration for annexation. A subdivision plat (88-9) covering these parcels and the parcel for which annexation is being requested was approved by the D.R.C. on September 22, 1988. The D.R.C. also recommended approval of the amended site plan. Commissioner Berfield moved to approve the requested zoning amendments and approve the amended Master RPD Site Plan subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting; 2) the proposed rezoning be finalized prior to certification of the amended site plan; 3) the final plat be recorded prior to certification of the amended site plan; 4) fire hydrants be shown on the site plan for certification and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4695-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4695-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #12 - Public Hearing & First Reading Ordinances 4687-88, 4688-88 - Petition for Annexation and RS-6 (Single Family Residential) Zoning for a .24 acre parcel located on the E side of South Haven Dr. apx. 200 ft. S of Nursery Rd.; Lot 32, South Haven Sub., SE 1/4 Sec. 19-29-16 (Cribb) A 88-28. (PUD) There is an existing single family residence on the property. The request is made to obtain city sewer service. City sewer and natural gas are available to the property. The recreation facility fee has been paid. Commissioner Berfield moved to approve the requested annexation and zoning including the ROW for South Haven Drive adjacent to Lot 31 & 32 and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4687-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4687-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4688-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4688-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #13 - Public Hearing & First Reading Ordinances 4689-88, 4690-88 - Petition for Annexation and RS-2 (Single Family Residential) Zoning for a .54 acre parcel located on the N side of Main St. (SR 588) apx. 650 ft. W of Abbey Lake Rd.; a portion of M&B 14-13, NE 1/4 Sec. 5-29-16 (Naedel) A 88-29. (PUD) The property is currently vacant and the request is made to permit the development of a single family residence. The owner of this parcel owns the remainder of the M&B parcel. He has been informed of City Commission policy regarding annexing all of contiguous property under one ownership at the same time. However, he keeps several farm animals on the parcel not included in this request that are permitted in the County but would not be permitted under city zoning and, therefore is requesting only a portion of his property be annexed at this time. Mark Naedel, owner of the property, explained he was concerned regarding his ability to keep the one shetland pony and six chickens he has on the remainder of his property should it be annexed into the City. Discussion ensued regarding alternatives for the property. Mr. Naedel indicated, once the livestock is removed from the property, he would be annexing. He indicated his plan for the property is to have three houses on it with access to the back by a 20.5 foot wide driveway. Discussion ensued regarding the need to see the package as a whole before the Commission could make a decision regarding the total plan for the property. Concerns were expressed that the driveway may not meet City standards. Time frames associated with various alternatives for the continued processing of this request were discussed. Commissioner Regulski moved to continue this item to the meeting of December 1, 1988. Motion was duly seconded and carried unanimously. Item #14 - Public Hearing & First Reading Ordinances 4691-88, 4692-88 - Petition for Annexation and RM-8 (Multi-Family residential) Zoning for a .4 acre parcel located on the N side of Nursery Rd. apx. 300 ft. E of Rosetree Ct.; a portion of Lot 10, Pinellas Groves SW 1/4, Sec. 10-29-16 (Seacorp Development Group, Inc.) A 88-30. (PUD) The property is currently developed with a Level II Group Care Facility with 13 cared-for individuals. The request is being made to receive City sewer service which is available to the property as well as City water and natural gas. Mark Naedel, President of Seacorp Development Group, stated they do not own the remainder of Lot 10. In response to a question, the Planning Director indicated that an approval of RS-8 zoning would render the existing use non-conforming, therefore, RM-8 has been requested. Commissioner Berfield moved to approve the requested annexation and zoning and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4691-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4691-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4692-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4692-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #15 - Change in Conditions (required by the City Commission) related to previously approved variance for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key; Lot 32, Marina del Rey at Sand Key, Sec. 30-29-15 (Larry Simmons) (PUD) In December of 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of the maximum width and length for the Marina del Rey Townhouse development. The applicant appealed and the City Commission reversed the decision of the Board in January of 1980 and approved a variance to construct docks 36 feet in length and 3 feet in width for each lot, excluding lots 1-9, with pilings on the lot line side not to extend beyond the floor line of the dock and with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission. The owner of lot 32 requests approval of a 16 foot wide, 20 foot long cradle lift (15 feet M.O.L. from the seawall) to be constructed in addition to the existing 6 foot wide, 35 foot long dock (with tie poles). There will be less than one foot setback provided from the west extended property line. Current code would permit a maximum size dock of 7.93 feet in width and 11.34 feet in length positioned 7.48 feet (from extended property line) for this 22.67 foot wide lot. The Planning Director indicated that, due to their being no hardships, staff is recommending denial of this variance request. William R. Jansen, representing the applicants, submitted a plan which indicated approval by the Condominium Association. In response to a question, Mr. Jansen indicated the dock would be 22 feet wide and 35 feet long. Concerns were expressed that, when adding the piles to the structure, the whole assembly would be wider than the lot. Mr. Jansen indicated he would not be able to construct the dock if it were to encroach on the adjoining properties. Mr. Baker, Public Works Director, indicated he would need a chance to look at the drawings in order to determine if the structure would encroach on adjoining properties. Commissioner Berfield moved to continue this item to the meeting of November 3, 1988. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski, and Mayor Garvey voted "Aye". Commissioners Winner and Nunamaker voted "Nay". Motion carried. Item #16 - Change in the Conditions (required by the City Commission) related to previously approved variance for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key; Lot 53, Marina del Rey at Sand Key, Sec. 30-29-15 (Kermit Liepper) (PUD) This request is similar to the one in item 15 and falls under the same variance conditions that had been placed on the property by the Commission in January of 1980. This request is for an approval of a 15.8 foot wide, 36 foot long boat hoist and catwalk to be constructed in addition to the existing 3 foot wide, 36 foot long dock (with tie poles). There will be a 3.87 foot setback provided from the west extended property line. Current code would permit a maximum size dock of 7.93 feet in width and 11.34 feet in length positioned 7.48 feet from the extended property line for this 22.67 foot wide lot. The Planning Director indicated this property shares an existing six foot dock with the adjoining owner. Mr. Jansen, also representing this property owner, stated this is a smaller boat and, therefore, does not need the same size lift as the previous request. The Planning Director indicated staff recommended denial as no hardship had been shown. Commissioner Winner moved to approve the request. Motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances Item #17 - Ordinance 4678-88, Annexation of property located on the E side of Lawson Rd. apx. 600 ft. N of Blackburn, St.; a portion of Lot 8, Blackburn Sub. (City/Cambas) A 88-24. The City Attorney presented Ordinance 4678-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4678-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #18 - Ordinance 4679-88 , Land Use Plan amendment from Medium Density Residential to Commercial/Tourist Facilities on property annexed in Ord. 4678-88 (Cambas) A 88-24, LUP 88-29. The City Attorney presented Ordinance 4679-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4679-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #19 - Ordinance 4680-88, Zoning Atlas amendment as CH (Highway Commercial) on property annexed in Ord. 4678-88 (Cambas) A 88-24, LUP 29. The City Attorney presented Ordinance 4680-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4680-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #20 - Ordinance 4681-88, Annexation of property located on both sides of Sunshine Dr. adjacent to and N of the S.C.L. RR tracks;, part of Lot 15, Clearwater Industrial Park, part of M&B 12.01 (Multiple/City) A 88-25. The City Attorney presented Ordinance 4681-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4681-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #21 - Ordinance 4682-88, Zoning Atlas amendment as IL (Limited Industrial) on property annexed in Ord. 4681-88 (Multiple/City) A 88-25. The City Attorney presented Ordinance 4682-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4682-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #22 - Ordinance 4683-88, Annexation of property located on the S side of Range Rd. apx. 750 ft. W of Belcher Rd.; M&B 14.02, Sec. 12-29-15 (Zukowski) A 88-26. The City Attorney presented Ordinance 4683-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4683-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #23 - Ordinance 4684-88, Zoning Atlas amendment as IL (Limited Industrial) on property annexed in Ord. 4683-88 (Zukowski) A 88-26. The City Attorney presented Ordinance 4684-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4684-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #24 - Ord. 4696-88, Amending Ordinance 4612-88 which authorized issuance of not exceeding $90,000,000 water and sewer revenue bonds, Series 1988; amending definition of "refunded bonds;" amending rating requirements for surety bond or insurance policy to guarantee payment of principal and interest otherwise payable from reserve account in lieu of deposits in reserve account. The City Attorney presented Ordinance 4696-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4696-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. CITY MANAGER REPORTS IX - Consent Agenda - Approved as submitted less items 33 & 40. Bids & Contracts - Approved. Item #25 - Subscription Services for Library Materials - Approve FY 1988/89 expenditures up to $45,627.77 with Ebsco Subscription Services for periodicals and serial standing orders (LIB). Item #26 - Renovation of Morningside Swimming Pool - Award contract to Classic Pool & Spas, Inc. - $99,776 (PR). Item #27 - Polymer for Water Pollution Control Division - Extend contract with Allied Colloids, Inc., Clwr. for period 10/1-12/31/88 at $1.35 per lb., total est.cost $12,750; to allow time for completion of proposed bidding plan and at same time maintain optimum sludge thickening capability. (PW) Item #28 - Purchase of (4) Peabody Barnes Submersible Pumps and (2) Rail Systems - Award contract to Power & Pumps, Inc., Tampa, $7,820 total: 2 Model 4SEH502 for $3,230; 2 Model 4SEH752 for $3,510; 2 Model BAF4 for $1,080. (PW) Item #29 - Myrtle Avenue Storm Replacement (88-21), Pierce St. to Cleveland St. -Award contract to Suncoast Excavating, Inc., Ozona - $140,850. (PW) Item #30 - Permits for Private Refuse Service - Approve issuance of permits to Waste Management of Pinellas County, Inc.; Disposal, Inc.; Waste Collection Services Corp., aka Best Waste, Inc.; Waste Aid Systems, Inc.; and Browing-Ferris. (UT) Item #31 - Cast Iron Meter/Valve Box Contract - Award contract for purchase to Sunshine Foundry and Machine Co., St. Petersburg - $27,972; for use in new installations and replacement of damaged facilities. (UT) Change Orders - Approved. Item #32 - Marshall Street Digestion System Improvements (Part A, CL 84141-2) and Control Building Addition (Part B, CL 85101-9) - Approve Change Order No. 6-Final to provide "only" for a time extension; no change in contract amount. (PW) Citizen & Staff Requests - Approved. Item #33 - See page 9 Item #34 - CDBG Housing Assistance Plan - Amend to specify actions to be taken to minimize displacement and to preserve and expand available housing for low and moderate income persons and to convert person counts be to household counts. (PUD) Plans & Plats - Approved. Item #35 - Preliminary Site Plan for Ridge Haven Commercial Tract located at the SW corner of the intersection of Haas Ave. and U.S. 19, apx. 170 ft. N of Sunset Pt. Rd.; Lots 1 and 2, Haas Sub. and a portion of Lot 3, Blackburn Sub., Sec. 6-29-16 (Ridge Haven Associates, Ltd.) PSP 88-44 - Authorize review of final site plan with final action by the D.R.C. subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan and is subject to approval of the Utilities Department*; 3) the applicant must obtain conditional use approval by the Planning and Zoning Board for the vehicle service and outdoor retail sales, display and/or storage uses*; 4) all setbacks for existing and proposed structures must be dimensioned on the site plan*; 5) a key describing the shaded areas must be provided on the site plan*; 6) the parking calculations must include the type of use beside each applicable formula and the area for outdoor eating in relation to parking*; 7) the site calculations must include the floor area and building coverage with percentage for the existing office building designated as the "Park Manager's Office"*; 8) the site plan shall be revised with one driveway, 30 feet maximum width, on U.S. 19, the location of which is subject to approval by Traffic Engineering Department*; 9) the driveway areas to be removed shall include the pavement and curbing in the right-of-way. These areas shall be replaced with sod/landscaping and curbing along the street. This should be indicated on the site plan*; 10) the right-of-way width for U.S. 19 must be provided on the site plan*; and 11) documentation must be provided to be reviewed by the Legal Department and Department of Planning and Development that all existing mobile home residents located within the subject project site have been properly noticed and provided with relocation alternatives as required by state law (*conditions 2 - 11 must be completed prior to submittal of final site plan for the D.R.C.). (PUD) Item #36 - Preliminary Site Plan for All Saints Catholic Church located on the S side of Curlew Rd. apx. 350 ft. W of Countryside Blvd.; M&B 42.01, Sec. 17-28-16 (W. Thomas Larkin, Bishop, Diocese of St. Pete) PSP 88-45 - Authorize review of final site plan with final action by the D.R.C. subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the final site plan shall indicate shielding with a 12 foot clear opening for the refuse container(s)*; 3) DER (Dept. of Environmental Regulations) and SWFWMD (Southwest Florida Water Management District) permit applications must be submitted to Public Works Dept.*; 4) all required site improvements including vehicular use areas and landscaped areas, and drainage shall be made during Phase I construction. A phasing plan shall be submitted with the final site plan*; 5) zoning for surrounding properties must be given on the final site plan*; 6) the height of structures in feet shall be given on the final site plan*; 7) all setbacks for the proposed structures must be dimensioned on the final site plan*; 8) the number of grass parking spaces with percentage of total spaces (not to be greater than 85% of required number) must be given in the site calculations on the final site plan*; 9) drainage calculations must be provided to the Public Works Dept. and the detention ponds/ storm water system must conform to required design criteria*; 10) an accurate tree survey must be submitted with the final site plan and be provided as an overlay to the site plan to identify the trees that will be removed as a result of construction; and 11) ingress/egress shall be limited to one driveway out onto Curlew Road and unless determined necessary by the Traffic Engineer (*conditions 2 - 9 must be completed prior to D.R.C. review). (PUD) Item #37 - Preliminary Site Plan for HART (Hillsborough Area Regional Transit Authority) Park n Ride Facility/Calvary Open Bible Church located on the E side of McMullen-Booth Rd. apx. 630 ft. S of Drew St.; M&B's 21.07 and 21.08, Sec. 16-29-16 (Calvary Open Bible Church, Inc.) PSP 88-46 - Authorize review of final site plan with final action by the D.R.C. subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan (prior to submittal of the final site plan for D.R.C. review). (Note: the trash container must not be located in the required street yard setback area); and 3) the applicant must obtain conditional use approval from the Planning and Zoning Board for the transportation station use (prior to submittal of the final site plan for D.R.C. review. (PUD) Receipt & Referral - Received and Referred to proper departments. Item #38 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist Facilities and a Zoning Amendment from CG (General Commercial) to CH (Highway Commercial) for a 2.05 acre parcel located on the E side of U.S. 19 on the N side of a private road within the Jennifer Office Complex; M&B 22.033, NW 1/4 Sec. 5-29-16 (Marks and Gilliss, Inc.) LUP 88-24, Z 88-22. (PUD) Item #39 - Zoning Amendment from RS-4 (Single Family Residential) to AL/I (Aquatic Lands/Interior) for a .44 acre parcel located E of 66th St. along the W lot lines of the proposed Curlew Heights Sub.; portion of M&B 33.04, Sec. 17-28-16 (Sempecos) Z 88-23. (PUD) City Attorney Agreements, Deeds & Easements - Approved. Item #40 - See page 9 Item #41 - 10 foot water main easement and ingress and egress easement for trash collection and City utility vehicles; a portion of Sec. 32-28-16 E (Land Associates, Inc.) Item #42 - 10 foot water main easement and ingress and egress easement for trash collection and City utility vehicles in Sec. 6-29-16 at Sunset Pt. and Belcher Roads. (Skaggs Sav-on, Inc. and Webb's Nursery, Inc.) Item #43 - 40 foot drainage and utility easement - Lot 7, Blackburn Sub. (Mountasia Fantasy Gold of Florida, a Limited Partnership) Commissioner Nunamaker moved to approve the Consent Agenda as submitted, less Items 33 & 40, and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #33 - (Contd. from 10/6/88) Woodgate Park Lighting for Soccer Practices - continued until such time as all available options are studied. (PR) The City Commission Agenda of October 6, 1988 contained an item requesting the installation of lights for soccer practices at Woodgate Park. After considering comments made by the soccer officials and adjacent homeowners, the Commission continued the item to October 20th, and directed staff to explore other alternative options. Although subsequent discussions have been held with the soccer officials, additional time is needed, and staff recommends the item be continued until such time as thorough research can be accomplished. Commissioner Regulski moved to continue this item. Motion was duly seconded and carried unanimously. Item #40 - (Contd. from 10/6/88) Annexation Agreement for portions of M&B's 22.01, 22.02, Sec. 33-28-16 (James & Hazel Vogel) This agreement calls for the Vogels to annex their property providing right-of-way for Landmark Drive, and the City agreeing to diligently pursue construction of said Landmark Drive. This item was before the Commission at its meeting of October 6, 1988, and concerns were expressed regarding some of the language in the agreement. Amendments have been proposed to the agreement that would call for the City to diligently pursue obtaining permits for the construction of the road and then, once permits were obtained, to complete construction of the road within six months. Steve Siebert, attorney for the Vogels, stated they agree to the changes and requested some clarification regarding them. In response to Mr. Siebert's questions regarding pursuing the permits, Mr. Baker, Public Works Director, indicated the applications for the permits should be filed within 30 to 40 days. In response to Mr. Siebert's question regarding the City's liability being limited, it was stated it was understood that, if for some reason the Vogels had to complete the construction of the road, they would be reimbursed for engineering fees and other fees that were directly related to the construction of that road. Commissioner Winner moved to approve the annexation agreement as amended. Motion was duly seconded and carried unanimously. X - Other Items on City Manager Reports Item #44 - Preliminary Subdivision Plat for South Oaks Fashion Square and Related Changes to Conditions of the Final Site Plan for South Oaks Fashion Square located at the SW corner of SR 590 and McMullen-Booth Rd.; a portion of H.H. Baskin's Replat, Tract 1 and Lots 1-2, Blk. C, Dellwood Heights, Sec. 9-29-16 (McMullen-Booth Ltd.) SUB 88-12, PSP 88-7. (PUD) At the October 6 meeting, Commission expressed concerns regarding landscaping in the Landmark Dr. right-of-way, and the purpose and need for a unity of title. Consensus was to approve the preliminary subdivision plat with the condition that Commission concerns be addressed and the plat and amendments to the conditions on the final site plan come back to the City Commission. The Planning Director indicated from staff's perspective all necessary conditions have been listed on the agenda item. The condition regarding the payment of fees due has been eliminated as the original annexation agreement addressed those concerns. She stated the real issue was the unity of title and the desire that the development always be considered as one site plan. The City Attorney and the attorney for the applicants have worked together and have modified the standard unity of title to where it is acceptable to both. In response to a question, the City Attorney indicated he is comfortable with the unity of title. Commissioner Winner moved to approve the preliminary subdivision plat for South Oaks Fashion Square subject to the following conditions: 1)cross ingress/egress easements must be provided on the plat for recording; 2) all rights-of-way required to be dedicated under the annexation agreement and site plan must be dedicated with the recording of the final plat. Right-of-way lines shall be drawn on the plat for recording as solid lines; 3) water main easement must be provided on the final plat for recording; 4) a drainage and utility easement dedicated to the City of Clearwater is to be provided over both detention ponds and extended in order to incorporate a minimum 10 ft. x 10 ft. area for a well site in the southwest area of the property; 5) a Unity of Title shall be recorded for the entire property prior to or in concern with the recording of the final plat, or appropriate language be provided on the plat to accomplish the same purposes of the unity of title, the language of either document to be approved by the City Commission and the Legal Department; 6) the O.R. Book and Page No. for the recent ROW dedications of McMullen-Booth Rd. and S.R. 590 must be shown on the final plat for recording; 7) the final plat must be recorded within six months from the date of certification of the preliminary plat; 8) the conditions on the site plan shall be amended as follows for certification: a) add a condition to state that any wall or landscaping provided along Landmark Dr. must be located totally on the private property outside the ROW; b) condition #7 shall be amended to read: "a landscape plan for each lot must be prepared and submitted prior to issuance of a building permit for each respective lot. If notice is given by the City of the construction of Landmark Dr. prior to the issuance of a building permit for Lot 2, the required landscape plan shall be submitted at that time".; c) add a condition to state that no certificate of occupancy shall be issued for development under the site plan until the plat has been recorded; d) condition #8 requiring open space fees shall be deleted as they are not required under the terms of the annexation agreement; and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #45 - Utilities Ordinance Revision for HB 506 - First Reading Ordinance 4711-88, Relating to the Utility System, Amending Sections 50.02 through 50.07 and 50.09, to establish definitions, provide for responsibilities of owners and tenants, establish procedures for tenant accounts, and increase deposits for tenants. House Bill (HB) 506, sponsored by Representatives Sample, Jones and Rehm of the Pinellas Legislative Delegation and others, became law October 1, 1988. HB 506 prohibits any municipality from refusing or discontinuing utility, water or sewer services to the owner of a rental unit or to the tenant or prospective tenant of a rental unit for the unpaid utilities service charges of a former occupant. The law prohibits the discontinuance of service to a tenant until the tenant has failed to pay for utilities service for three consecutive months. The law also prohibits a lien against the property or any legal action against the landlord or current tenant to recover the unpaid balance of the utility bill of a former occupant. A landlord must be notified when a tenant's utilities bill becomes delinquent and authorizes the landlord thereupon to commence eviction proceedings. A landlord can evict a tenant before the City can discontinue utilities service to a tenant for non-payment. HB 506 leaves a municipality with no alternative but to place tenants in a separate classification and to protect its citizens with higher deposits and prompt discontinuance of service lest it be required to pass on the unpaid utility bills to good paying customers. Approval of the recommended revisions of the City Ordinance will establish separate classifications of utilities customers for landowners and tenants. Landowners will continue to operate under the present system without change, posting a deposit equal to three times the average monthly bill. Tenants will be required to post a deposit equal to five times the average monthly bill and will be managed according to the provisions of Section 181.35 of the Florida Statutes (HB 506). Bob Brumback, Assistant Utilities Director, reviewed the provisions of the state law and stated the City has no alternative but to recommend passing this ordinance. Discussion ensued regarding the need to protect the City from unpaid utility bills, and concerns were expressed that this would affect low income people and reduce the availability of affordable housing. Concerns were also expressed that there was no distinction between residential and commercial tenants. It was stated that, while this needs to be done at this time, the City really needs to pursue the legislative process to have HB 506 repealed. One citizen spoke in opposition to the ordinance stating that five times the monthly average bill is entirely too much, and expressing concern regarding lower income individuals. It was requested the ordinance be reviewed prior to second reading in order to see if there was some way to narrow the impact of the ordinance. Commissioner Regulski moved to approve Item #45. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4711-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4711-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #46 - Paving of Memorial Causeway Parking Lot - approximate cost $6,000. The Memorial Causeway parking lot, located on the S side of the Causeway, has approximately 18 unmetered parking spaces and is used frequently by the public. If the City Commission is desirous, the resurfacing (3" asphalt surface) of this parking lot would be accomplished in the next letting of the asphalt contract in the Spring 1989. If approved, the parking lot will remain unmetered and would not become an asset of the Parking Fund. Funds are available in the CIP Street Resurfacing project (315-2252). Concerns were expressed that if the lot is paved, it will cause problems of it becoming a hangout. It was felt the lot has served its purpose. In response to a question regarding the completion of the sidewalk on the north side of the Causeway, Mr. Baker indicated the contractor should be completed with the priority school route work within a matter of days and would then be completing the sidewalk. No action was taken. Item #47 - Setting of Local Public Hearing Date for Review of the Application for Development Approval and Consideration of a Development Order for the Sheraton Sand Key Resort Expansion. (PUD) The Sheraton Sand Key Resort Hotel is located on the gulf side at the north end of Sand Key. The existing 390 room facility is proposed to be expanded to add a total of 750 suites and support amenities in two phases. The first phase is for a 428 unit hotel tower to be located on property to the south of the existing hotel. The second phase consists of an additional building containing 322 suites to be located on the same property as the first phase. The expansion of the hotel qualifies under the thresholds established in Section 380.0651 F.S. as a development of regional impact. In November, 1987 the property owner submitted an application for development approval of the DRI to Tampa Bay Regional Planning Council for review. The application was reviewed by all required reviewing agencies and the staff of the City of Clearwater. Following this review, additional information requested by the reviewing agencies was submitted and reviewed. The Regional Planning Council, by letter received October 7, 1988, has advised that the application for development approval has been determined to be sufficient. In accordance with Subsection 380.06(11)(d) F.S., a public hearing date must now be set by the local government. No less than 60 days following the publication of the notice, the public hearing must be held on the application. Within 30 days after the public hearing, a decision must be rendered on the application at which time a development order may be approved. Before the scheduled public hearing date, a draft development order will be prepared and distributed to the City Commission for review and consideration at the public hearing. Commissioner Winner moved to set a public hearing date of January 5, 1989 and to direct the City Clerk to advertise for public hearing review of the ADA and Development Order for the Sheraton San Key Resort Expansion undergoing a development of regional impact review. Motion was duly seconded and carried unanimously. Item #47A - Emergency Gasoline and Diesel Fuel Co-Op Purchases - Award purchase to Mansfield Oil Co., Tampa, FL (Pinellas County Co-Op vendor) estimated $20,000 (CS) The Pinellas County Co-Op contract for fuel purchases with Riser Oil expired on September 30, 1988. The new vendor, Mansfield Oil was not approved by the Pinellas County Commission until October 11, 1988. Staff intends to present an item for Commission approval of the annual contract at its November 3, 1988 meeting. In the interim period, we are unable to buy gasoline or diesel fuel from either vendor unless this request is approved. Staff did not realize until October 19th that a purchase of gasoline would be needed prior to the November 3, 1988 meeting. Commissioner Regulski moved to award an emergency purchase order for gasoline and diesel fuel to Mansfield Oil Co., Tampa, FL, Pinellas County Co-Op vendor, before City Commission approval of annual contract award and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions Item #48 - Resolution 88-49, Assessing the owners of property the costs of having mowed or cleared the owner's lot. Commissioner Winner moved to pass and adopt Resolution 88-49 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #49 - Resolution 88-50, Authorizing Execution of Quit Claim Deed to the State of Florida, Department of Transportation, to convey certain City-owned property to be used for S.R. 60 right-of-way widening project. Commissioner Regulski moved to pass and adopt Resolution 88-50 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XIII - Other City Attorney Items Item #50 - EPA Consent Decree. The City Manager reviewed the steps the City has taken in reaching the Consent Decree with the Environmental Protection Agency. He stated the fine has been reduced from $2 million to $300,000, and while there are other possible penalties, staff feels they have modified the Decree as much as it can in favor of the City. The Decree is the result of a possible EPA suit against the City for the City's failure to meet the Federal Clean Water Act which requires the City to meet the state's standards for water quality. The City has been thwarted in the past in meeting those standards, and, while it feels it is in no way at fault in its inability to meet those standards, staff feels it is in the best interest of the City to execute this Consent Decree. The Decree sets up other time frames the City must meet in its continued efforts to expand and update its water pollution control plants to advanced wastewater treatment plants with expanded capacity. Section 10 of the Decree provides for the City to request extensions of time should it find that, due to circumstances beyond its control, it can not meet the time frames set out in the Decree. At Monday's work session, the Public Works Director had expressed concerns regarding the Department of Environmental Regulation's recent reluctance to issue permits for the entire 19 million gallon capacity the City is seeking. The Public Works Director indicated he has discussed this issue with people since that time, and now sees no reason not to approve the Decree at the meeting. Commissioner Regulski moved to approve the Consent Decree. Motion was duly seconded and carried unanimously. XIV - Verbal Reports The City Manager reported he is preparing a letter to the Florida Department of Transportation to bring their attention to the difficulties regarding the recent breakdowns of the Memorial Causeway Bridge. He stated he wished to assure the Commission the Utilities Department is working to bring its overdue accounts under control. He reminded the Commission he would be at the International City Managers Association (ICMA) Conference in Charlotte, NC, November 24-27, 1988. XV - Other Commission Action The Mayor requested support for the Florida League of Cities petition drive for a constitutional amendment that will address state mandates which impose programs upon local governments without identifying revenue sources. Commissioner Winner requested clarification regarding information on the Police Department's report regarding its speed limit enforcement program on the Clearwater Pass Bridge. He stated the report seemed to indicate the City is receiving approximately 45% of the fines, and it was his belief that the City should be receiving 85%. He requested the Commission show support for the referendum item on the November ballot regarding the Pinellas Planning Council. Commission consensus was to discuss this issue at its next work session. Commissioner Regulski requested direction regarding the Charter Review Committee's request for staff input. Consensus of the Commission was to approve. The City Manager reminded the Commission the legislative delegation is requesting input regarding local legislation, and that they wish to finalize their proposals by December 9, 1988. XVI - Adjournment The meeting adjourned at 9:34 p.m.