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11/17/1988 CITY COMMISSION MEETING November 17, 1988 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 17, 1988, at 6:02 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 - Resolution 88-57, Water & Sewer Revenue Bonds, Series 1988A - awarding sale of the first installment of the new money sewer AWT project bonds to the successful bidder pursuant to competitive bid under official notice of public sale; fixing interest rates for the bonds; authorizing use of an official statement in connection with distribution of such bonds and other action in connection with issuance and delivery of such bonds. Chuck Thornstrom, of William R. Hough & Company stated the low bidder is Shearson, Lehman, Hutton, Inc. and recommended award of the sale to them. He reported that one bid was received late and rejected. Commissioner Regulski moved to pass and adopt Resolution 88-57 awarding the sale of the bonds to Shearson Lehman, Hutton, Inc. 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. IV - Service Pin Awards - None. V - Introductions and Awards Employee of the Month, November, 1988 - Pat Voorhees, Parks & Recreation Dept. VI - Minutes of the Regular Meeting of November 3, 1988 and Special Meeting, November 9, 1988. Commissioner Nunamaker moved to approve the minutes of the regular meeting of November 3, 1988 and Special Meeting of November 9, 1988, as recorded and submitted in written summation by the City Clerk to each Commissioner. Motion was duly seconded and carried unanimously. VII - Presentations - None. VIII - Citizens to be heard re items not on the agenda. Joe Fletcher, Sr. requested something be done regarding the dumpster for the adjoining property being located under his bedroom window. IX - Public Hearings Item #9 - (Cont. from 11/3/88) Variance to the minimum distance requirement for alcoholic beverage sales - Lot 1, Columbia Sub. #4 (Clymer) AB 88-19. (CLK) During the Planning and Zoning Board meeting of November 15th, it was realized that package sales in a CR-28 zone are limited to hotels and motels. Ms. Clymer requested the City Commission consider amending the code to allow package sales in other facilities. Commission consensus to discuss at the December 12th work session. Request withdrawn; no action taken. Item #10 - Variance to the minimum distance requirement for alcoholic beverage sales - Lot 2, Studebaker's Sub. (Blackpool Palace of FL/Pattemore's Night Club) AB 88-20. (CLK) Pattemore's Night Club, located at the NE intersection of Old Coachman Road and Gulf-to-Bay Boulevard is proposing to add a deck onto the front of the building. The deck will be used by customers of the facility and plans are to serve alcohol in this expanded area. This request was received to permit on premises consumption of alcoholic beverages within 227 feet of a church zone at 2516 Gulf-to-Bay Blvd., zoned CG (General Commercial). This night club presently operates under a 4-COP-SRX license which was issued by the State many years ago without a requirement for 51% food sales as is required with a newer 4-COP-SRX license. In addition to the deck expansion, the applicant is providing additional permeable area and landscaping on the property. A conditional use permit for alcoholic beverage sales was approved by the Planning and Zoning Board on November 15th subject to the conditions: 1) building permit be procured within six months and 2) approval for alcoholic beverage sales in expansion area approved for a period of one year only. William Kimpton, attorney representing the applicant, stated the owners have found the clientele prefer a more casual atmosphere and the deck, which constitutes the expanded area, is under construction. He stated while they do not adjoin residential, they do have an important neighbor in the Greek Orthodox Church. He stated the deck has been placed on the front of the building to be as far away from the church as possible, they have adequate parking and the use will be well buffered. Robert Gregg, architect for the project, stated the deck will not be visible from any of the church property. James G. Filis, attorney, and Father Theo Anastas, representing the church, spoke in opposition to the request stating it would create an undesirable environment for the children, and the church has had great difficulties with the establishment in the past regarding debris and other intrusions on the church property by patrons of the establishment. Concerns were also expressed regarding a recent article in the newspaper stating that Pattemore's would become Mako's Plus. Four citizens spoke in opposition to the request stating they felt it was inappropriate and it would adversely impact the church. Discussion ensued regarding this deck being open and therefore having alcoholic beverage sales out of doors. Concerns were expressed regarding the perception of what type of establishment it would become with the Mako's name. It was also stated there were enough indications that there is a reasonable chance for undesirable activity to take place in this area. Commissioner Regulski moved to deny the requested variance to the alcoholic beverage minimum distance requirement on the subject property. Motion was duly seconded. Discussion ensued regarding on what basis the denial would be approved. The Planning Director reviewed the basis for denial indicating a hardship had to be exhibited and the variance needed to be the minimum to overcome that hardship. Concerns were expressed regarding outside noise and drinking; and it was stated the history of entertainment on the outside has presented nothing but problems. Upon the vote being taken, the motion carried unanimously. Item #11 - Variance to the minimum distance requirement for alcoholic beverage sales; Lots 2 & 3, Miller's Replat (Peppermill, Inc. d/b/a Penguin Palace) AB 88-21. (CLK) This request was received to permit on premises consumption of beer, wine and liquor within 0 feet of a residential zone at 7 Rockaway Street, zoned CR-28 (Resort Commercial "twenty-eight"). Penguin Palace is an existing restaurant and lounge located on the S side of Rockaway St. on Clearwater Beach. The current facility has expanded its floor area by adding a deck. The owners wish to sell alcoholic beverages in the deck area. Penguin Palace now operates under a 4 COP-SRX license. It was stated, as the deck was on the water side, it was felt this application did not have the same conflicts as the one heard in Item #10. Commissioner Winner moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker and Regulski voted "Aye." Commissioner Berfield and Mayor Garvey voted "Nay." Motion carried. Item #12 - (Cont. from 11/3/88) Public Hearing & First Readings, Ordinance 4654-88, 4655-88 - Land Use Plan Amendment from High Density Residential to Public/Semi-Public and a Zoning Atlas Amendment from Multi-Family Residential RM-20 to Public/Semi-Public for a .19 acre parcel located on the W side of Larboard Way approx. 150' N of Dolphin Pt., part of Lots 23, 24, 25, Island Estates Unit 5A Sub., (Lark Investment, Inc./GTE) LUP 88-15, Z 88-17. (PUD) On August 4, 1988, the City Commission denied the subject request for rezoning and amendment to the Land Use Plan. The request was made by General Telephone Company for the purpose of installing a telephone switching station on Island Estates to improve service for the Island Estates neighborhood. There was public objection to GTE's request. The arguments against the facility locating at the subject site centered around issues of compatibility adjacent to existing residences and of aesthetics which included the architecture of the building and proposed fencing. General Telephone made inquiry as to the possibility of having this case reheard by the City Commission. Initially the Commission consensus was to not rehear the case, however, on October 7th, the Commission did vote to reconsider the request by GTE to rezone the subject property to P/SP to allow the construction of a switching station. If the request is approved, it will be necessary to replat the three platted lots affected by the zoning change. That portion not rezoned will remain in the present zoning category of RM-20 (High Density Residential). The Planning Director indicated the Commission had directed the applicants to look for an alternate location. Paul King, of GTE, stated they had approached the shopping center, and it was indicated to them there is no space available for them in the shopping center. He did indicate a piece of property had been offered to them for $400,000; however, they felt the price too high and inappropriate. In order to clarify the situation, it was stated that only the lot used for the switching station would be rezoned to P/SP. The other lots would remain in the RM-20 zoning. Richard Baker, of GTE, stated they have reconfigured the exterior treatment of the substation and it would look as if it is a part of the condominium to the north. It was stated GTE has two letters of support from adjoining condominium associations. Four citizens spoke in opposition to the request stating it is inappropriate for a residential area; and concerns were expressed that GTE is making their decision based solely on economic considerations. Joanne Farrugia, representing the Island Estates Civic Association, stated the Association had voted to support the request with conditions: 1) the building be as proposed, 2) it be maintained and landscaped and 3) service trucks be there only when necessary. One citizen spoke in support stating this would be a quiet neighbor and that it would be a small attractive building. Mr. King, of GTE, stated there would be no fence surrounding this substation, they would be setting up trees and shrubs, the lights on the building will be unobtrusive, and once the building is completed, only occasional service trucks will be there. Concerns were expressed that GTE had tried to find other sites and now their power to negotiate regarding alternate properties has been affected. It was stated with proper control in the site plan design, the facility would be an asset to the area. In response to a question, it was indicated the property would have to come back for the replatting and we will have a site plan review. Commissioner Regulski moved to approve the requested zoning and land use plan amendments on the subject property. 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. The City Attorney presented Ordinance 4654-88 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance 4654-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski and Garvey. "Nays": Winner and Nunamaker. Motion carried. The City Attorney presented Ordinance 4655-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4655-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski and Garvey. "Nays": Winner and Nunamaker. Motion carried. Item #13 - Public Hearing & First Readings, Ordinance 4699-88, 4700-88 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and a Zoning Atlas Amendment from Single Family Residential RS-8 and Multi-Family Residential RM-8 to Public/Semi-Public for St. Cecelia Catholic Church property located on the E and W side of Prospect Ave. N of Magnolia Dr.; Lots 12-17, part of Lots 18-23, part of Lot 21, Blk C; Lots 36-37, part of Lot 35, part of Lots 38-42, Blk D, Mount Orange (Diocese of St. Petersburg) LUP 88-20, Z 88-20 (PUD) The church desires to have all of its property under the same zoning category and proposes to construct an administrative office building for the church on that portion of the property located on the E side of Prospect Ave. This necessitates the reclassification of the property. Emil Marquardt, attorney for the church, stated they want to have all property under the same zoning. They are considering a marriage tribunal facility on the property also. One citizen spoke in opposition stating he felt this would affect his ability to sell or rent his property. Commissioner Nunamaker moved to approve the requested land use plan and zoning amendments on the subject property and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4699-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4699-88 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 4700-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4700-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #14 - Public Hearing & First Readings, Ordinance 4704-88, 4705-88, 4706-88 - Petition for Annexation, Land Use Plan Amendment from Medium Density Residential to Industrial and IL District Zoning for a parcel located at 1844 N Belcher Rd.; part Lot 1, Pinellas Groves and part of vacated street (Bennett & Pennington, Trustees) A 88-32, LUP 88-22. (PUD) This parcel was a portion of Annexation 86-29, Parcel No. 1, which was approved by the City Commission on November 20, 1986 for OL (Limited Office) district zoning and a land use plan amendment to residential/office, but this portion of the request was withdrawn by the applicant following the public hearing. The property owners received a special exception from the County to the existing C-2 County zoning to put mini-storage warehouses on the subject property. The Pinellas County Health Department denied a request for a sewage septic system but the denial was appealed to the State and was approved. The mini-storage facility is under construction. The property owner is now requesting annexation in order to connect the project to City sewer which is available. City water is also available to the site. By direction of the City Commission, at the time this request was received, the site plan approved by the County for this project was reviewed by the D.R.C. to determine what, if any, aspects of the project did not meet City requirements and standards. An additional consideration would be the allowability of signage on the property under the jurisdiction of the City of Clearwater. The City Code would permit one property identification sign of 64 square feet, 20 feet high, and a 15 square foot business identification sign on a building. Curtis DeYoung, representing the applicant, stated they do have approval for septic tanks to serve the property; however, they would prefer to annex and hook into the City sewer system. Concerns were expressed regarding the signage on the property and whether or not industrial zoning was appropriate for this location. It was indicated if the Commission approved an OL (Limited Office) zoning, the property would then be nonconforming. Commissioner Regulski moved to approve the annexation. Motion was duly seconded and carried unanimously. Commissioner Regulski moved to zone the property OL (Limited Office) and to amend the land use plan to Residential/Office. Motion was duly seconded and carried unanimously. Mr. DeYoung stated his clients will not annex without the industrial zoning. A question was raised regarding encroachment of a City easement, and Mr. DeYoung indicated should the City have to do any maintenance within the easement, his clients would be responsible for repairing the damages necessary for that. Commissioner Berfield moved to table Ordinances 4704-88, 4705-88 and 4706-88. Motion was duly seconded and carried unanimously. Item #15 - Public Hearing & First Readings, Ordinance 4709-88, 4710-88 - Petition for Annexation and RS-8 Zoning of a Single Family lot at 1724 West Manor Ave.; part Lot 30 and part Lot 29, Clearwater Manor (Underwood) A 88-33. (PUD) The lot is developed with a single family residence and the owner wishes to connect to City sewer which is available. There are no objections to this request from the reviewing departments and all required fees have been paid. The property is contiguous to city limits and eligible to be annexed. Commissioner Berfield moved to approve the requested annexation and zoning on the subject property and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4709-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4709-88 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 4710-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4710-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #16 - Public Hearing & First Readings, Ordinance 4707-88, 4708-88 - Land Use Plan Amendment from Public/Semi-Public to Industrial and Rezoning from Public/Semi-Public to Limited Industrial of part of Lot 17, Clearwater Industrial Park (UPARC, Inc.) Z 88-21, LUP 88-23. (PUD) The Upper Pinellas Association for Retarded Citizens (UPARC) presently operates from a facility located on the W side of Belcher Rd. on the S side of Calumet St. UPARC is proposing to relocate its facility to the E of Belcher Rd. as part of the Center Foundation project. Part of the existing operation of a nursery and plant storage has been relocated to property on S.R. 580 E of McMullen-Booth Rd. The subject property is now surplus to UPARC's needs and they are proposing to sell it for private development. The request for amendment is in anticipation of developing the property with offices and/or light industrial uses. Commissioner Berfield moved to approve the requested land use plan and zoning amendments on the subject property. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4707-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4707-88 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 4708-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4708-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #17 - (Cont. from 11/3/88) Ordinance 4711-88 - Relating to Utility System, amending Secs. 50.02-50.07 and 50.09 of the Code, to establish definitions, provide for responsibilities of owners and tenants, establish procedures for tenant accounts, and increase deposits for tenants. (UT) Mike Stuckey, of Gulf Coast Legal Services, stated he was not in opposition to the ordinance; however, there are many of his clients who cannot afford a five month deposit. He requested some alternatives be provided for those unable to pay. Discussion ensued regarding various programs to help the lower income families to pay the increased deposit. It was stated by the City Attorney that he was optimistic the bill would be changed during the next session eliminating the 90 day waiting period before services could be discontinued for lack of payment. Further discussion ensued regarding a program to assist the low income individuals. Commissioner Regulski moved to continue second reading of Ordinance 4711-88 to the meeting of December 1, 1988. Upon the vote being taken, Commissioners Berfield, Regulski and Winner voted "Aye." Commissioner Nunamaker and Mayor Garvey voted "Nay." Motion carried. Further discussion ensued regarding the need to amend the City's procedures for bad debts. It was also indicated there are parts of the Code other than the increase in the deposit that need to be amended by this ordinance in order to comply with state law. It was stated 25% of the customers are renters, however, 95% of bad debt comes from tenants. Commission recessed from 10:35 - 10:46 P.M. Item #18 - Ordinance 4712-88 - Vacation of 10 ft. utility easement lying along the E 5 ft. of Lot 3 and W 5' of Lot 4, Blk E, Brooklawn Sub. (Guido) V 88-10 The City Attorney presented Ordinance 4712-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4712-88 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 4713-88 - Vacation of the S 8 ft. of existing 10 ft. drainage and utility easement on N side of Lot 35, Sun Tree Estates (Neumann) V 88-11 The City Attorney presented Ordinance 4713-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4713-88 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 4697-88 - Amending Sec. 52.03(a) of Code to provide for the installation of City-owned water service lines and meters on privately owned property. The City Attorney presented Ordinance 4697-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4697-88 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 4698-88 - Amending Sec. 122.02 of the Code to provide exemption from bridge toll requirements for state military personnel while on official military business, and certain handicapped persons as provided by Sec. 338.155, F.S.; deleting reference to bicycles which are exempt from the bridge toll requirement. The City Attorney presented Ordinance 4698-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4698-88 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 X - Consent Agenda - Approved as submitted less Items 32, 38 & 40. Agreements - Approved. Item #22 - Bandshell Concerts - Approval of Blanket License Agreement with American Society of Composers, Authors, and Publishers (ASCAP); est. $300 (PR) Item #23 - Approval of Amendment to Agreement with Clearwater Shuffleboard Club, Inc. increasing monthly fee to Club from $100 to $200. (PR) Item #24 - Glen Oaks Golf Course 5-Year Agreement - Renewal of agreement with Chi Chi Rodriquez Youth Foundation, Inc. from 1/3/89 to 1/3/94. (PR) Bids & Contracts - Approved. Item #25 - Lubrication Equipment for Fleet Maintenance Facility at 1900 Grand Ave. -award contract to Dealer Equipment Group, Brandon - $14,143. (CS) Item #26 - Above Ground Lifts for Fleet Maintenance Facility at 1900 Grand Ave. -Award contract top Atlantic Auto Supplies, Inc., Miami, $47,165 for purchase of (3) 9,000 lb. and (4) 12,000 lb. lifts. (CS) Item #27 - Double Electrically Isolated Electro-magnetic Shield Enclosure for Radio Communications - Award contract to Lindgren R.F. Enclosures, Inc., Addison, IL - $13,901. (CS) Item #28 - Reproduction Contract - Extend for one year (10/1/88 to 9/30/89) with Pitney Bowes, Inc., Tampa - est. $50,000. (CS) Item #29 - Annual Purchase of Ammunition for 200 Smith & Wesson 9mm semi-automatic pistols - Award contract to Florida Bullet, Inc., Clearwater - estimated maximum cost of $40,304. (PD) Item #30 - Drew St. Ditch Piping between Bayshore Blvd. and McMullen-Booth Rd. (87-42) - Award contract to Overstreet Paving Co. - $171,830.90. (PW) Item #31 - Computer Equipment to Replace and Upgrade the Public Works and WPC Administration and Engineering Computer Systems - Award contract to purchase (1) UNISYS computer hardware and associated networking software from Whitman Computer Systems at $76,365.45 and (2) applications software from Software Spectrum at $4,145; Authorize WPC administrative computer for Automated Payroll System support as an additionally approved Computer Long Range Plan project; Authorize 5 year lease purchase of UNISYS hardware & software in the amount of $76,365.45 through General Electric Capital Fleet Services, Inc. (PW) Item #32 - See page 12 Item #33 - Replacement of Legal Department's Word Processing Equipment - Award contracts to: 1) Whitman Computer Systems, $19,340.35 for five work stations and two printers; Spectrum Software, $3,613.00 for necessary software; and 3) Access Computers, $576.00 for computer monitors; approve a 5-year lease/purchase of the equipment at $19,340.35 through General Electric Capital Fleet Services, Inc. with annual payments of $3,503. (CA) Change Orders - Approved. Item #34 - C.O. #1, New Office Building for Public Service Complex - adding items to refurbish an additional building on the complex to accommodate the move of the Public Service Motor Shop, +$12,206. (88-29) (PW) Citizen & Staff Requests Item #35 - Receive into record the Consultant's Final Report on Review and Evaluation of City's Permitting Processes, Development Review Procedures and Information Dissemination Practices. (PUD) Plans & Plats - Approved. Item #36 - Preliminary Site Plan for Crum (Office) Building located on N side of Drew St., W of Coachman Rd.; the E 1/2 of Lot M and all of Lot N, Rolling Heights Sub. (Crum) PSP 88-52 - Authorize review of a final site plan with final action by the D.R.C. subject to: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the Utilities Dept. does not find the proposed location of the dumpster to be acceptable, therefore, the developer must coordinate with the Utilities Dept. Engineer, and then place on the final site plan , an acceptable location, size, shielding (with 12 ft. clear opening) of the trash container* (note: the trash container may not be located within the required 25 ft. street yard setback area without approval of a variance to the maximum height of fencing/walls within that area); 3) interior landscaped area shall be delineated by shading or cross hatching on the final site plan*; 4) surrounding zoning shall be given on the final site plan*; 5) all required site data calculations must be placed on the final site plan (calculations must include the proposed front yard open space to be in accordance with the OL requirement)*; and 6) if possible, the developer should try to redesign the site plan to utilize the existing driveway to Drew St. for the abutting office development on the W side of the property (i.e. by recorded access agreement/easement)* (*conditions 2-6 to be completed prior to D.R.C. review). (PUD) Item #37 - Preliminary Site Plan for Western Auto Retail Center located at the NE corner of the intersection of Gulf-to-Bay Blvd. and Kilmer Ave., M&B 13.05, Sec. 18-29-16 (Wayne Wetzel) PSP 88-53 - Authorize review of a final site plan with final action by the D.R.C. subject to: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the applicant must obtain conditional use approval by the Planning and Zoning Board for vehicle service, display and/or storage*; 3) the related variances to required parking, setbacks, and maximum height of fencing/walls in required setback areas (for the dumpster enclosure) are subject to approval by the Development Code Adjustment Board and the site plan must be revised accordingly*; 4) the exact approved setback (not plus or minus) from Shelley St. must be given on the final site plan* 5) if possible, the developer should try to redesign the site plan to utilize the existing driveway(s) to Gulf to Bay Blvd. for the abutting retail establishment on the east side (i.e. by recorded access agreement/easement)*; 6) the location, size and shielding (with 12 ft. clear opening) of the dumpster must be coordinated with the Utilities Dept. Engineer and the site plan must be revised if deemed necessary* (conditions 2-6 must be completed prior to D.R.C. review) (PUD) Item #38 - See page 12 Item #39 - Preliminary Subdivision Plat for the Replat of Parcel 3 of the Village At Countryside located at 2463 Enterprise Rd.; parcel 3, Sec. 31-28-16 (Cumbey/Shah) SUB 88-14 - Authorize review with final action by the D.R.C. subject to: 1) the size of each proposed lot shall be given on the supplementary drawing prior to certification of the preliminary plat; 2) the Unity of Title requiring the property to be considered as one site for development purposes shall be included with this plat or recorded by separate instrument and referenced on the plat; 3) the applicant must obtain approval by the D.R.C. of a variance to the subdivision regulations which require each lot to have direct access to a public street; and 4) cross parking and access easements shall be provided on the plat or by separate instrument with OR and page numbers appearing on the plat. (PUD) Item #40 - See page 13 Receipt & Referral - Received and referred to proper departments. Item #41 - Land Development Code Amendment to Sec. 136.002, Parking Standards, to require handicapped parking spaces to be outlined in blue paint. (LDCA 88-8). (PUD) Item #42 - Amendment to the Land Development Code to provide for Child Day Care in the General Office (OG) Zoning District (LDCA 88-9). (PUD) Item #43 - Zoning Amendment from Limited Office to Aquatic Lands/Interior for a parcel located on the S side of Enterprise Rd. on the E side of the proposed Landmark Dr. Extension, part M&B 22.02, Sec. 33-28-16 (Vogel) Z 88-24. (PUD) Item #44 - Petition for Annexation, Limited Office Zoning and a Land Use Plan Amendment from Low Density Residential to Residential/Office for a parcel located at the NW corner of the intersection of Soule Rd. and Main St.; Lot 1, Block B, Robinwood Sub. (Ackley) A 88-38, LUP 88-28. (PUD) Item #45 - Petition for Annexation, General Commercial Zoning and a Land Use Plan Amendment from Low Density Residential to Commercial/Tourist Facilities on property located at the SW corner of Main St. and McMullen-Booth Rd.; M&B 23.06, Sec. 4-29-16 (Florida Power Corp.) A 88-37, LUP 88-27. (PUD) City Attorney Agreements, Deeds & Easements - Accepted. Item #46 - Agreement to Make Payments in Lieu of Taxes - RHA/Florida Properties, Inc. and RHA/Florida Operations, Inc./City Item #47 - 10 foot non-exclusive sanitary sewer easement - Lot 3, Mosell Acres (U-Stow-N-Go). Item #48 - 6 foot sidewalk easement - Lot 1, Chelsea West (Stevens Designer Homes). Item #49 - 1.5 foot sidewalk easement - Lot 14, Chelsea West (Stevens Designer Homes). Item #50 - 1 foot sidewalk easement - Lot 21, Chelsea West (Stevens Designer Homes). Item #51 - Sidewalk easement - Lot 27, Chelsea West (Stevens Designer Homes). Item #52 - Sidewalk easement - Lot 22, Chelsea West (Plumblee). Commissioner Winner moved to approve the Consent Agenda as submitted less Items 32, 38 & 40 and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #32 - Geotechnical Services re Clearwater Pass Bridge, Temporary Repair Project No. 2 - Approve payment of $27,600 to Williams & Associates. (PW) In August, 1988, the Commission approved a contract with Kissinger, Campo and Associates for the engineering services necessary for the second temporary bridge repair. The project will consist of the installation of seven additional crutch bents at the locations determined to be in critical need of restoration of structural stability. The project design has proceeded as scheduled and bids will be open soon. The contract with Kissinger, Campo calls for special services, such as geotechnical, to be separately compensated for by the City. The Public Works Director instructed the engineers to select a firm of appropriate credentials, obtain a proposal for the cost of their services and to submit their recommendation to the City engineer. The engineer received and approved their recommendation to have Williams and Associates perform the geotechnical services. This is the same firm that provided geotechnical services for the first emergency repair and was the choice from among those who competed for the work. This project and other work now being performed will allow construction of the new crutch bents to commence approximately January, 1989. A question was raised regarding whether or not plans are to penetrate ten feet into the underlying limerock. The Public Works Director indicated this was the expectation. He further stated this had been done for the previous crutch bents. Commissioner Regulski moved to approve the payment of $27,600.00 to Williams and Associates for geotechnical services relative to the Clearwater Pass Bridge temporary repair and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #38 - Final Site Plan for City of Clearwater NE Wastewater Treatment Plant located NE of the intersection of SR 580 and McMullen-Booth Rd.; a portion of M&B 31.00, Sec. 21-28-16 (City) PSP 88-54 - Approval of subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) delineation (by shading or cross hatching) of the interior landscaped areas shall be provided on the site plan prior to certification; 3) height of structures must be in accordance with Section 135.158 and shall be provided on the site plan prior to certification; 4) the 92.45 acres should be used in all site computations on the site plan and should be revised as such prior to certification; 5) dimensions and actual construction of parking spaces and driveways should agree with what is noted on the plan; 6) actual building heights should be shown on the plan; and 7) initial requisite building permits shall be obtained within six (6) months of the certification of the site plan and certificates of occupancy shall be obtained within three (3) years from certification of the site plan. (PUD) The City is proposing to construct a new sludge dewatering building, four final clarifiers, a flow equalization tank, an effluent filter addition, first anoxic tanks, second anoxic tanks, oxidation reactors, and other accessory structures to upgrade the wastewater treatment at the Northeast Treatment Facility in accordance with federal regulations. This site is accessible to S.R. 580 and McMullen Booth Rd. via private drives on the remainder of the abutting city owned property. Commissioner Winner moved to approve the site plan for the City of Clearwater Northeast Wastewater Treatment Plant subject to: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) delineation (by shading or cross hatching) of the interior landscaped areas shall be provided on the site plan prior to certification; 3) height of structures must be in accordance with Section 135.158 and shall be provided on the site plan prior to certification; 4) the 92.45 acres should be used in all site computations on the site plan and should be revised as such prior to certification; 5) dimensions and actual construction of parking spaces and driveways should agree with what is noted on the plan; 6) actual building heights should be shown on the plan; and 7) initial requisite building permits shall be obtained within six months from certification of the site plan and certificates of occupancy shall be obtained within three years from certification of the site plan. Motion was duly seconded and carried unanimously. Item #40 - Reconsideration of Condition of Approval to the Clearwater Collection First Replat located on the W side of U.S. 19, N of Drew St.; Lots 1-3, Sec. 7-29-16 (Clearwater Collection Associates, Inc.) SUB 88-13 - Removal of requirement for filing a Unity of Title for the entire site known as Clearwater Connection in consideration of the preliminary plat for Clearwater Collection First Replat. (PUD) A master site plan for the retail center development known as Clearwater Collection was certified in January, 1988. The plan has been amended several times and the property has been platted and lots sold. A request was presented to the City Commission in October, 1988, to replat a portion of the site to reflect proposed amendments to the site plan and future ownership. One of the conditions of approval was the recording of a Unity of Title for the entire property. The applicant is requesting reconsideration of this condition as the property is no longer under one ownership and there is no mechanism available to require the other owners to enter into such an agreement at this time. The Planning Director indicated the applicant has had difficulty in getting all owners to agree to the Unity of Title and, therefore, are requesting removal of the condition. Greg Sembler stated the development started two years ago and the anchor businesses wanted to own the land. In response to a question, he indicated they have a lengthy legal document called an Operation Reciprocal Easement Agreement that describes the operation of the shopping center and there are many voluntary restrictions. He stated they are willing to agree to no more signs on the U.S. 19 frontage, and there will be a notation that Lot 4 can not have a sign on the plat. In response to a question, it was indicated the bridge and the ponds are under Department of Environmental Regulations jurisdiction. Commissioner Nunamaker moved to approve the removal of the requirement for filing a Unity of Title for the entire site known as Clearwater Collection in consideration of the preliminary plat for Clearwater Collection first replat. Motion was duly seconded and carried unanimously. XI - Other Items on City Manager Reports Item #53 - Group Health Insurance - Approve Option I Presented by Siver Consultants; Authorize establishment of special health insurance stabilization fund to guard against future health insurance costs. (CM) On July 7, 1988, the City Commission authorized Siver Consultants of St. Petersburg to solicit competitive proposals for group health insurance for all active and retired City employees and their dependents. Three options for group health insurance were discussed in detail, after which the City Manager recommended accepting Option I because it: a) saves approximately $170,000 to be used for a stabilization fund against future insurance premium increases; b) allows employees and retirees to voluntarily continue their present plans or to select among four competitive insurers, that plan which best fits their situation; c) retains an indemnity plan which introduces, for the first time, a Preferred Provider Option (PPO) as a price control while allowing plan participants the freedom of choice; d) provides the lowest dependent premium for an indemnity plan and reduces present dependent premiums from $185.63 to $183.30 per month; e) makes available to plan participants the most comprehensive list of physicians and hospitals from which to obtain health care services; f) retains a strong, competitive HMO network of managed health care for maximum cost containment through utilization and price control; and g) accomplishes all of the City's objectives. Option I is not the total solution to the rising cost of health care. It does, however, represent a significant first step toward cost containment through managed care. During 1989, City staff will continue to focus on this problem by developing new initiatives for reducing its impact on the City budget and pocketbooks of its employees/retirees. These initiatives will include installation of a Section 125 plan and a health insurance premium stabilization fund. Commissioner Nunamaker moved to Approve Option I, as presented by Siver Consultants, so that active and retired employees and their dependents can continue to obtain professional and affordable health care under plans which offer the most cost effective combination of utilization and price control and Authorize establishment of a special health insurance stabilization fund to guard against future health insurance costs. Motion was duly seconded and carried unanimously. Item #54 - Acceptance of Tabulations for Pension Plan Referendum Questions on 11/8/88 Annual Election Ballot. (CLK) The City of Clearwater placed two questions regarding the City's Pension Plan on the November 8, 1988 General Election Ballot. No. 1 was for removal of the maximum age 45 limitation, and No. 2 was to establish a minimum pension of $300/month. The tabulation of the 44 precincts including 3,561 Absentee Ballots was as follows: For Against Question #1 23,856 12,181 Question #2 21,775 14,407 Commissioner Berfield moved to accept the three certificates of Logic & Accuracy testing; accept the Clerk's report re ballot tabulation and declare the results, as reported, official. Motion was duly seconded and carried unanimously. XII - Other Pending Matters - None. CITY ATTORNEY REPORTS XIII - First Reading Ordinances Item #55 - Ordinance 4717-88 - Relating to fire prevention and protection, amending Secs. 93.01, 93.21, 93.23, 93.28, to clarify Fire Chief's duties and adopt National Fire Codes, 1988 Edition, with certain amendments, and providing for enforcement; repealing Sec. 93.231 of Code. The City Attorney presented Ordinance 4717-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4717-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XIV - Resolutions Item #56 - Resolution 88-56 - Assessing property owners the costs of having mowed or cleared the owner's lots. Commissioner Winner moved to pass and adopt Resolution 88-56 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 #57 - Resolution 88-58 - Opposing McMullen-Booth Road being made a part of the Interstate and/or State Road System. A concern was expressed that not only does the Commission need to oppose McMullen Booth Road being made a part of the interstate or state road system, but it also needed to voice a positive support for a location for connection of the northeast corridor. It was also suggested a copy of the resolution be sent to the City of Safety Harbor. Commissioner Regulski recommended the resolution be amended designating a specific route. The amendment suggested was to change Section 1 deleting the period, changing it to a comma and adding "and request that a north/south bridge route across Old Tampa Bay be given serious consideration as an alternative." Commissioner Winner moved to pass and adopt Resolution 88-58, as amended, 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. XV - Other City Attorney Items - None. XVI - Verbal Reports The City Manager reported as the City has utility relocations along roads that the County is constructing, the Commission will be requested to approve after the fact change orders. He stated it was felt that having the work done while the County contractors are there is more cost effective for the City. He stated there will be a future CRA item regarding a request from the operator of Bilgore Groves for a 90 day extension to his lease. This lease did come under discussion during the past year and it was stated it would terminate in February. The operator is now requesting until May. XVII - Other Commission Action Commissioner Berfield questioned whether or not the Commission ever directed staff to pursue settlement regarding the DeSantis case. It was indicated direction had been not to settle but to go forward with the Civil Service Board hearing. XVIII - Adjournment The meeting adjourned at 11:10 p.m.