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03/02/1989 CITY COMMISSION MEETING March 2, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 2, 1989 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner James L. Berfield Vice-Mayor/Commissioner (arrived 6:04) 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 Acting Planning & Development 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 - None. IV - Introductions and Awards. Citations of Appreciation to: Charles Wood for service on the Parks and Recreation Board. Edwin Hogan for service on the Planning and Zoning Board. Proclamations. UPARC Foundation Week - March 5 - 10, 1989. Arbor Day - April 1, 1989. V - Presentations - None. VI - Minutes of the Regular Meeting of February l6, l989. The Mayor reported that on page 92, under Commissioner Regulski's Other Commission Action, the consensus was for the Mayor to send a letter to the Chairman of the County Commission, not the City Manager. Commissioner Nunamaker moved to approve the minutes of the regular meeting of February 16, 1989, as corrected. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Representative Gerald Rehm announced the formation of the Clearwater Transportation Task Force whose mission will be to insist and ensure that Clearwater gets priority regarding funding for transportation issues. He stated there is a need to reinstitute a $50,000 traffic study and to coordinate with the Department of Transportation regarding funding for Clearwater Pass Bridge. He hopes to have $18 million for the bridge in the 1993/94 budget. A question was raised regarding whether or not the City could begin work on the bridge prior to 1993/94 and be reimbursed. Representative Rhem responded he did not have that answer at this time. There is a public hearing scheduled for the 5th of April regarding the bridge and details will be forthcoming. Howard Groth, Chairman of the Clearwater Housing Authority thanked the City for the trees that have been planted at various housing projects. Lois Cormier stated crime problems are moving into the South Greenwood area and indicated she has met with Ervin Harris regarding the drug problems that are occurring. She expressed concerns that the preparations for Spring Break would mean the police would not be available for other areas. She spoke in favor of a tax increase in order to ensure services to the public. Dale Walker spoke concerning flooding problems along Barry Street. The Public Works Director explained the steps that had been taken to alleviate some of the problems in this area. He explained the Stevenson's Creek project which will be ongoing during the next four years in order to alleviate flooding problems in the entire basin. VIII - Public Hearings Item #9 - Dock Variance approval procedures for Lots 1-9 of the Marina Del Rey Townhouse Development located on Sand Key, located E of the Harbor Condos at 1581-1595 Gulf Blvd. (PLD) On January 19, 1989, the City Commission approved a new dock variance approval procedure for Lots 10-72, Marina del Rey Townhouse Development which included the provision that future variances will be heard by the Development Code Adjustment Board. The City Commission directed staff to bring back information regarding Lots 1-9 which had been excluded from the proposal. In 1980 the City Commission had excluded Lots 1-9 for variances due to the narrow channel in this vicinity. Lot 1 is developed with the common pool area for the townhouse development. Lots 2-9, developed with townhouses, currently have docks three feet in width with zero setback on alternate lot lines and 24 feet in length. The City's Harbormaster was consulted for his recommendation on dock approvals for Lots 1-9. His advice is that Lot 1 be excluded as the clear space in the channel near this lot is too tight for proper and safe navigation if a dock were to be constructed. Lot 2 should not be permitted to construct any additions to the 3 x 24 foot dock nor should cradle lifts or catwalks be permitted to be constructed west of this existing dock for the same reasons as Lot 1. Lots 3-9 should maintain the 24 foot length due to the narrow channel but a cradle lift with an additional 3 x 24 foot dock/catwalk would be acceptable for these lots. In keeping with previous dock approvals and the Harbormaster's advice, staff recommends the following blanket dock approval for Lots 3-9 in this development: 1) A dock 24 feet in length and 3 feet in width with pilings on the lot line side not to extend above the floor line of the dock, with zero setback. 2) A cradle lift in addition to the permitted dock, the total width of both not to exceed the area within extended lot lines and length not to exceed maximum 24 foot long dock. 3) A catwalk in addition to the permitted dock cradle lift, with same limitations as the dock on or off the lot line, the total width of all three not to exceed the area within extended lot lines. If the new alternative is approved, staff further suggests that any future variance requests be heard by the Development Code Adjustment Board. The management company for Marina del Rey and the specified representative for the Board for Marina del Rey have been sent a letter apprising them of the suggested change to the dock approval. In response to a question, the Acting Planning and Development Director indicated this would not preclude variance requests for Lots 1 and 2. Commissioner Regulski moved to approve the new dock variance approval procedure for Lots 3-9 of the Marina del Rey Townhouse Development as recommended including the provision that future variances be heard by the Development Code Adjustment Board and specifying that there is no pre-approval for docks on Lots 1 and 2. The motion was duly seconded and carried unanimously. Item #10 - Public Hearing and First Reading Ordinance 4774-89 - Amending Section 136.022(f)(4), Land Development Code, relating to off-street parking space requirements for restaurants, taverns and other eating and drinking establish- ments (establishments having 1COP, 2COP and 4COP alcoholic beverage licenses), excluding drive-through, carry-out and fast food restaurants LDCA 89-01 (PLD) Ordinance 4420-87, Alcoholic Beverage Sales, was adopted by the City Commission on January 21, 1988. Under the terms of this ordinance, new or expanded establishments licensed by the State for consumption on-premise and package sales (1-COP, 2-COP or 4-COP) are required to provide parking at the rate of one space per 100 square feet of gross floor area if the establishment is located 300 feet or more from any church, school or residential zone and 200 feet or more from another similarly licensed facility. However, as an exception to this requirement, these type licensed facilities may be located not less than 100 feet from a residential zone if that portion of the building within 200 feet of the residential zone contains no door or window, no external building or service equipment and if parking is provided at a rate of one space per two persons allowed to occupy the premises. Staff has noted that the discrepancy in parking requirements becomes a function of separation distance rather than use as a 1-COP, 2-COP or 4-COP establishment as the ordinance is presently structured. Ordinance 4774-89 proposes to establish a general parking requirement for any new 1-COP, 2-COP or 4-COP establishment that would be applicable irrespective of the separation distance from church, school or residential zone. The requirement of one space per 40 square feet of gross floor area is approximately equal to the requirement of one space per two persons based on occupancy and provides a method of calculation which can be used early in the process of review when exact building and/or construction plans are unavailable and exact occupancy cannot be determined. One citizen spoke in opposition stating the new requirements would make it virtually impossible to open a new business. He suggested consideration be given to cross easements for parking, applying a ratio to the actual space used by the public and an increase in density for establishments that provide valet parking. The Acting Planning and Development Director indicated that cross easements for parking are allowed, however they have to be written in such a way that they are not temporary in nature. Keith Crawford, Traffic Engineer, explained the reasons for the needed parking and indicated that under the proposal businesses operating at capacity would still have one-fifth of their customers with no parking. It was indicated that businesses could request variances from the Development Code Adjustment Board. Concerns were expressed regarding the impact on businesses if this requirement is implemented. It was also stated the City faces lawsuits from people being struck by vehicles crossing streets to establishments that do not have enough parking. Commissioner Berfield moved to approve the recommended amendments to the Land Development Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4774-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4774-89 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 and First Reading Ordinance 4727-88 - Amending Section 136.022(k), relating to Land Development Code, to require handicapped parking spaces be conspicuously outlined in blue paint, as required by Florida law. LDCA 88-8 (PLD) On July 16, 1988, the Governor signed into law an amendment to Section 316.1956, F.S. requiring all handicapped parking spaces to be conspicuously outlined in blue paint. This law took effect on October 1, 1988. Section 136.022(k) of the Land Development Code, needs to be amended to be consistent with this new state regulation. The Planning and Zoning Board stated if the City's ordinance as presently constructed does not provide for such blue paint marking on all existing and new handicapped parking spaces both publicly and privately owned, it would be their recommendation that the ordinance provide such a requirement. Discussion ensued regarding the confusion caused by the State law and questions were raised regarding whether or not this would apply to public and privately owned spaces, as well as, currently existing spaces. It was stated the City Code would apply to new or expanded parking in both public and private lots. It was indicated that "How To" handouts are being prepared for the public that will clearly show how handicap parking spaces are to be marked. Commissioner Winner moved to approve the amendments to the Land Development Code as recommended. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4727-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4727-88 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 and First Reading Ordinance 4777-89 - Amending Sections 135.092 and 136.025(c)(8), Land Development Code to allow child day care as a conditional use in the General Office (OG) Zoning District. LDCA 88-9 (PLD) A request was made by the owner of the Arbor Shoreline Office development to permit a child day care facility in that complex which would serve more than the employees of the office development. For such a facility to exist that is more than accessory to the project, provision must be made in the Code before a permit can be issued. Commissioner Winner moved to approve the amendment to the Land Development Code as recommended. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4777-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4777-89 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 and First Reading Ordinance 4749-88 - Relating to site plans, subdivisions and condominium plats; Amending Sections 133.004, 133.009, 133.010, 133.015, 133.025, 133.033, 136.022 and 137.010; Creating Section 133.0095 relating to preliminary plats, subdivision construction plan reviews, required improvements and the form of financial guarantees for required improvements; authorizing issuance of a building permit for one building following certification of a preliminary plat and certification of the final site plan, if required, except for townhouse developments; requiring the subdivider to bear the expense of required improvements, and prescribing the forms for financial guarantees for required improvements; providing that street design shall be in accordance with City standards; deleting a requirement for outdoor lighting; providing for the inclusion of refuse collection facilities in preliminary site plans; (PLD) The proposed ordinance was drafted at the request of several operating departments to address problems that have come to their attention in the implementation of the subdivision regulations and to clarify and make minor revisions to those regulations and the requirements for information provided on site plans submitted to the City. The major items addressed in the ordinance include the allowability of issuing building permits on property required to be platted, clarification of proper personnel responsible for recording plats and approving subdivision improvement construction plans, financial guarantees for subdivision improvements, consideration of proper provision for streets as a criteria of site plan review and citing of dumpster locations as a requirement of preliminary site plans. The Development Review Committee (DRC) has reviewed the changes. The Planning and Zoning Board recommended approval of Ordinance 4749-88, and further recommended the Commission consider an ordinance to prohibit burning of debris on construction sites. Commission consensus was to continue the ability to request burn permits and also continue the policy of not issuing permits unless absolutely necessary. Commissioner Nunamaker moved to approve the recommended amendments to the Land Development Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4749-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4749-88 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 and First Reading Ordinance 4750-88 - Amending Section 135.091, Land Development Code to provide that "business service" is a permitted use within the General Office (OG) District. LCDA 88-11 (PLD) "Business Service" is a use defined in the Land Development Code as follows: "An occupation or service requiring the utilization of a manual, mechanical or specialized skill which involves neither the on-premises storage or use of heavy machinery or equipment nor primarily the sale of merchandise or conveyance of a product. Any producing, processing or assembling shall clearly be secondary and incidental to the service or occupation. Business service uses may include offices which rely upon the utilization of one or more commercial vehicles in the conduct of the business or which have exterior equipment or facilities (e.g., broadcasting antenna, satellite dishes) which are not ordinarily appurtenant to office usage. This category of use shall include the following: plumbing contractor, electrical contractor, lawn maintenance, lawn mower repair, appliance repair, recording and broadcasting studios, and like uses. This category of use shall not include vehicle service which is separately defined." A request was received by the owners of the Arbor Shoreline Office development on U.S. 19 and zoned OG (General Office ) to consider an amendment to the Code which would permit them to lease space within the development to a radio broadcasting facility. Proposed ordinance 4750-88 would provide for this use and other business service uses to be allowed as permitted uses within the OG zoning district. Steve Siebert, attorney representing WNLT and WHBO radio stations, stated they want to locate their studios in the Arbor Shoreline Office development. The studios will have the appearance of an office as their major transmitting equipment will be located on Gandy Boulevard. Concerns were expressed regarding allowing all of the uses provided under "Business Service" in the General Office zoning district. Commissioner Winner moved to approve the recommended amendment to the Land Development Code with the understanding that the Ordinance will be amended at second reading to provide for radio and broadcast studios only. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4750-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4750-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #15 - Public Hearing and First Reading Ordinance 4776-89 - Amending Section 137.010(g)(4), Land Development Code, relating to site plans to provide for payment in lieu of installation of stormwater detention facilities in certain cases. LCDA 88-12 (PLD) Section 137.010 of the Land Development Code establishes a requirement that site plans shall include surface water retention facilities, and that they be properly maintained. Language of this Code Section describes detention facilities as elements for which development standards and design specifications are to be authorized and administered by the Public Works Department. Resolution 80-113 adopted October 16, 1980, envisioned an ordinance that would require stormwater detention on all new development and redevelopment requiring building or engineering permits as is found in Section 137.010 of the Land Development Code. Resolution 80-113 went further to find that certain impracticalities arose when applying the regulations without regard to extenuating size, space and soil circumstances and provided a policy that allows a fee payment in lieu of installation of stormwater detention. Ordinance 4776-89 proposes incorporating the concept of payment in lieu of providing detention but deleting the size requirements in Resolution 80-113 of property eligible for such consideration. Rather, the City Engineer is allowed to exercise a judgement of practicality and effectiveness in determining when it is appropriate to accept a payment in lieu of providing on-site detention. Monies collected in this manner from developers shall be used solely for drainage improvements in the drainage basin in which the property is located. The City Engineer concurs with the adoption of Ordinance 4776-89. The City Attorney has advised that Resolution 80-113 should be rescinded in conjunction with the adoption of the ordinance. It was requested that the City work with Southwest Florida Water Management District (SWFWMD) to assure the needed retention for water quality is also provided for. Commissioner Winner moved to approve the recommended amendments to the Land Development Code and to direct the City Attorney to prepare a resolution rescinding Resolution 80-113. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4776-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4776-89 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 and First Reading Ordinance 4739-88 - Amending Sections 135.112(b) and 135.118(b), Land Development Code, relating to the Resort Commercial "Twenty-Four" and Resort Commercial "Twenty-Eight" Districts to allow package sales of alcoholic beverages within certain retail food stores subject to certain conditions. LCDA 89-02 On December 12, 1988, the City Commission directed that an ordinance be drafted to allow public review and comment of a proposal to allow for package sales of alcoholic beverages in the Commercial Resort 24 and 28 zoning districts within establishments other than hotels and restaurants. The request for consideration of this use had begun with the owner of a deli located on Clearwater Beach desiring to sell beer and wine from the store. The current limitations on alcoholic beverages in CR-24 & 28 zones were implemented for the following reasons: 1. To generally upgrade these zoning districts on the beach to encourage new hotel and restaurant development; 2. To preclude small motels from converting unused or uneconomical motel rooms to other uses such as delis, convenience stores, etc., thereby encouraging the prolonged existence of uses which did not promote the district; 3. To restrict these uses to the Beach Commercial (CB) district where they more properly reflected the intent of that district (retail sales); and 4. To alleviate for the residents of the CR-24 and CR-28 districts the unintended but often realized nuisance and noise factors associated with convenience stores selling alcoholic beverages. The Acting Planning and Development Director expressed concerns regarding staff's ability to monitor the requirements contained in the ordinance, including hours of operation and percentage of alcoholic beverage sales. She stated it is staff's recommendation to deny the amendments. Two citizens spoke urging denial of the amendment citing adverse impact on efforts to recreate a family atmosphere on the beach and the difficulty of enforcement. In response to a question, it was indicated the amendment would apply to all CR-24 & 28 zones , not just those on the beach. Commissioner Berfield moved to deny the subject amendment to the Land Development Code. The motion was duly seconded and carried unanimously. Concerns were expressed that the separation requirement between similarly licensed establishments did not apply to 1APS and 2APS establishments. It was requested staff review and this be discussed at a future work session. Public Hearing - Second Reading Ordinances Item #17 - Ordinance 4746-88 - Land Use Plan amendment from Low Density Residential to Residential/Office for property (0.57 acres) located S of and adjoining NE Coachman Rd. approx. 1,250 ft. NE of the intersection of NE Coachman Rd. and Drew St.; consisting of a portion of Lot 4, Mosell Acres. (Mignone) A 88-43 LUP 88-32 (CA) The City Attorney presented Ordinance 4746-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4746-88 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 4747-88 - Zoning Atlas amendment as Limited Office (OL) on property annexed in Ord. 4748-88 (0.57 acres) located S of and adjoining NE Coachman Rd, approx. 1,250 ft. NE of the intersection of NE Coachman Rd and Drew St.; consisting of a portion of Lot 4, Mosell Acres Subdivision. (Mignone) A 88-43 LUP 88-32 (CA) The City Attorney presented Ordinance 4747-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4747-88 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 4748-88 - Annexation of property (0.57 acres) located S of and adjoining NE Coachman Rd., approx. 1,250 ft. NE of intersection of NE Coachman Rd. and Drew St.; consisting of portion of Lot 4, Mosell Acres Subdivision (Mignone) A 88-43 LUP 88-32 (CA) The City Attorney presented Ordinance 4748-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4748-88 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 4775-89 - Relating to the impoundment of motor vehicles; Amending Section 121.27 of Code of Ordinances to increase certain charges for the towing and storage of any motor vehicles transported to a designated public storage location. (CA) The City Attorney presented Ordinance 4775-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4775-89 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 4779-89 - Amending the Operating Budget for the Fiscal Year ending 9/30/89; to reflect increases and decreases in revenues and expenditures for the general fund, utility fund, garage fund, special development fund, and special program fund. (CA) The City Attorney presented Ordinance 4779-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4779-89 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 4780-89 - Amending the Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/89; to reflect an increase in budget expenditures of $676,334 to expand scope of projects in functional categories of public safety, transportation, leisure, general public buildings and utilities; and to reflect a decrease of budget expenditures of $6,242,617 to reduce the scope of projects in functional categories of transportation and leisure; for net decrease of $5,566,283. (CA) The City Attorney presented Ordinance 4780-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4780-89 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 4781-89 - Relating to Firemen's Relief and Pension Fund, Amending Section 26.52(a), Code of Ordinances, reducing the rate of the excise tax on property insurance companies, corporations or other insurers collecting premiums on property insurance policies covering property within the City. (CA) The City Attorney presented Ordinance 4781-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4781-89 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 - Ordinance 4782-89 - Relating to Police Pensions, Amending Section 26.65(a), Code of Ordinances, reducing the rate of the excise tax on casualty insurance companies, corporations or other insurers collecting premiums on casualty insurance policies covering property within the City. (CA) The City Attorney presented Ordinance 4782-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4782-89 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 (Items 25 - 41) - Approved as submitted. Agreements - Approved. Item #25 - Agreement with Recycling and Recovery Systems, Inc., for the collection of recyclable solid waste materials. (PW) Bids & Contracts - Approved. Item #26 - (Contd. from 2/16/89) Declare surplus property identified on the inventory and award a one-year contract to Sumter Machinery Auction (Russ Weir, Inc.), Bushnell, FL, to sell property declared surplus to the highest bidder at public auction for a 5.74% commission of gross sales. (GS) Item #27 - Award contract to Zimmerman Industries, Inc., Ephrata, PA, for the purchase of one (1) replacement mobile concrete mixer truck, at a cost of $126,665.19 and authorize the lease/purchase to be financed by G.E. Capital Inc. (GS) Item #28 - Extension of Contract with Don Olson Firestone from 3/1/89 to 5/31/89 for tire repair service and new recapped tires at an estimated cost of $70,000.00 (GS) Item #29 - 1989 Street Resurfacing Contract - Phase I (88-37) - Award contract to R.E. Purcell Construction Company, Inc. of Ozona, Fl, for the sum of $449,296.25; for the purpose of maintenance of almost 12 miles of residential and main thoroughfares in the City. (PW) Item #30 - Front end loading refuse containers - Award contract for purchase to Industrial Refuse Sales, Inc., Lakeland, Fl, at an estimated total annual cost of $175,893.75, including spare parts. (PW) Item #31 - Purchase of 2,008 street name sign faces - Award contract to Vulcan Signs, Foley, AL, at a cost of $8,778.44; for replacement of worn out signs. (PW) Item #32 - Purchase of replacement computer hardware for the Water Division - Award contract to Whitman Computer Systems of St. Petersburg, FL; State Contract No. 12-600-950-B, at a cost of $13,558.25. (PW) Item #33 - Surface Treatment of Skyline Groves Subdivision - Authorization to use the Pinellas County Contract No. 88023 with Couch Construction Co. to pave the streets in the Skyline Grove Subdivision at a total cost of $19,939.50. (PW) Item #34 - Biomonitoring Tests - Award annual contract to Mote Marine Laboratory, Sarasota, FL in the amount not to exceed $12,600.00 for routine required monthly bioasays from date of award through 9/30/89. (PW) Change Orders - Approved. Item #35 - Change Order No. 1 to the Fuel Dispensing System, City Marina, #87-37 + $5,784.00 for a new total of $103,784.00. (PW) Citizen & Staff Requests - Approved. Item #36 - Approval of the recording of the final judgement against the City in the Mills Development Group of Florida, Inc. et al lawsuit in the amount of $801,000 plus interest and attorney fees as a liability of the General Fund. (CM) Plans & Plats - Approved. Item #37 - Preliminary Site Plan for Hooter's Restaurant (Additions) located at the NE corner of the Intersection of Gulf-to-Bay Blvd. and Hampton Rd.; (1.285 acres) M&B 13-07 and a portion of M&B 13-04, Sec. 17-29-16 (Limited Properties, Inc.) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) front yard open space calculations must be corrected to be in accordance with the code requirement*; 3) the office space must be included in the total gross floor area for the restaurant (not fast food) parking calculation*; 4) Department of Environmental Regulation (DER) and Southwest Florida Water Management District (SWFWMD) permit applications must be submitted to Public Works Department*; 5) the drainage proposal must include water quality provisions*; 6) setback dimensions for parking from all property lines shall be provided on the plan*: 7) an ingress/egress easement shall be provided for the remainder of M&B 13.04 which is not a part of this site plan and does not have direct access to a public street and 8) in keeping with the time limitation set forth by the Development Code Adjustment Board on December 8, 1988, in approving a time extension for the setback variance for the southerly addition, the requisite initial building permit shall be obtained by June 9, 1989 (*conditions 2-6 to be completed prior to DRC review) PSP 89-03 (PLD) Item #38 - Preliminary Subdivision Plat for Prestige Professional Park (2.5 acres) located on the S side of McCormick Dr., E of U.S. Highway 19; M&B 33-06, Sec. 32-28-16 (Land Associates, Inc.) - Authorize review of a preliminary plat with final action by the DRC subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) no building permits will be issued on the remaining westerly portion of this acreage until a plat has been submitted for review and then recorded for that property; 3) a Unity of Title for the purpose of tying the parcels together as one development (regarding site plan review, signage, etc.) must be recorded prior to recordation of the plat. This should be coordinated through the City Attorney's office as it is a variation in the City's standard Unity of Title format due to the multiple ownership and 4) the "common area" should be platted as a lot. The preliminary plat must be revised accordingly prior to DRC review. SUB 89-02 (PLD) Item #39 - Preliminary Subdivision Plat for Davis Replat (1.37 acres) located on the N side of Lakeview Rd., E of Greenwood Ave. S.; Lots 5-14, W.S. Cash Subdivision, vacated Lakeview Court and vacated alley on the E side of Lots 5 & 6 (Phillip J. Davis) - Authorize review of a preliminary plat with final action by the DRC subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) no permits will be issued for Lot 2 until the plat has been recorded; 3) the plat shall be recorded within 6 months from certification of the preliminary plat; 4) the site calculations shall be placed on the preliminary plat prior to certification; 5) in accordance with the City's adopted Thoroughfare Plan, an additional 10 feet of right-of-way shall be dedicated for Lakeview Road, for a total width of 40 feet to centerline* and 6) utility easement 10 feet in width along the Lakeview Road right-of-way (new line) and 15 feet in width along side and rear property lines shall be provided ont he plan* (*conditions 5 & 6 must be shown on preliminary plat prior to DRC review) SUB 89-03 (PLD) City Attorney Agreements, Deeds & Easements - Accepted. Item #40 - Agreement for Lien for Sanitary Sewer Services - Lot 12, Blk. 7, Virginia Groves Terrace 4th Addition a/k/a 1744 Evans Drive (Christopher S. and Shelley J. Pierce) (CA) Item #41 - Utility, drainage and sidewalk easement - the N 5 ft. of Lots 7-13 and the S 10 ft. of Lots 15-20, Blk. B, Bayside Subdivision No. 5. (Gregory Politis & Elias Anastasopoulos). (CA) Commissioner Winner moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - Other Items on City Manager Reports Item #42 - Receipt & Referral of Land Use Plan Amendment to Residential/Office and OL (Limited Office) Zoning for property (0.32 acres) located at the SE corner of the intersection of N Myrtle Ave. and Marshall St.; Lots 5, 6 and 7, Blk. B, Norwood Sub., Sec. 10-29-15. (Okuboye and Zayyad) LUP 89-2, Z 89-2 (PLD) The land use plan is currently Low Density Residential and the zoning RM-8 (Multi-Family Residential). The property owner is making the request to permit the conversion of the existing residence on the Lot 5 to a medical office use with Lots 6 & 7 to be developed with parking to serve the office use. The Acting Planning and Development Director reported the applicant has been informed of the Commission's desire that the property be zoned Neighborhood Commercial (CN) and is filing a new application. Commissioner Winner moved to direct the City Clerk to advertise this item for CN zoning for public hearing. The motion was duly seconded and carried unanimously. Item #43 - Appointments to Parks and Recreation Board (2 members). (CLK) Commissioner Berfield moved to reappoint Herbert B. Hayes. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Suzanne F. Claessens. The motion was duly seconded and carried unanimously. Item #44 - Appointments to Development Code Adjustment Board (2 members. (CLK) Commissioner Winner moved to appoint Jim Graham. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Michele F. Krentzman. The motion was duly seconded and carried unanimously. Item #45 - Appointment to Planning and Zoning Board (1 member). (CLK) Commissioner Nunamaker moved to appoint John Ehrig. The motion was duly seconded and carried unanimously. Item #46 - (Contd. from 2-16-89) Appointment to Community Relations Board (1 member). (CLK) Commissioner Berfield moved to reappoint Reverend Walter Campbell. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances - None. XIII - Resolutions Item #47 - Resolution 89-8 - Requesting the Pinellas County Board of County Commissioners to cancel and discharge a certain tax lien upon municipal property acquired for public purposes, and to grant tax exemptions. Commissioner Winner moved to pass and adopt Resolution 89-8 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 #48 - Resolution 89-9 - Assessing property owners the costs of having mowed or cleared the owner's lots. Commissioner Winner moved to pass and adopt Resolution 89-9 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. XIV - Other City Attorney Items Settlement Offer - City of Clearwater vs. J & S Railroad Ties, Inc. A J & S Railroad Ties, Inc. employee hit and broke a City one inch high pressure gas main while excavating with a backhoe. The City is claiming $1.601.60 in losses consisting of loss of gas and material, labor and equipment to repair the gas line. J & S Railroad Ties is now offering $1,100 to settle the claim. Commissioner Regulski moved to accept the settlement offer. The motion was duly seconded and carried unanimously. XV - Verbal Reports The City Manager reported that the April 5th hearing regarding Clearwater Pass Bridge will be held in Tampa and he will provide additional details when available. He requested the Commission bring their calendars to the March 13th work session to set dates for the meetings regarding the Comprehensive Plan. He reported the March 15th joint meeting with the School Board is being cancelled due to lack of an agenda. XVI - Other Commission Action Possible rescheduling of Town Meetings. The Mayor reported that the March 27 and April 24, 1989 Town Meetings were in conflict with the Downtown Development Board meetings. Consensus was to reschedule the town meetings to March 20 and April 17, 1989. Commissioner Nunamaker requested the status of the exotic dancing ordinance. The City Attorney stated the draft should be ready next week. Commissioner Winner reminded the public that the Phillies spring training would start March 3, 1989. The Mayor stated for the record that the Commission is not upset with Police Officer Fire regarding his disability pension resulting from an accident while acting as a pall bearer for a fellow officer. She stated the Commission is looking at the policy regarding this activity. She requested that organizations willing to collect signatures on the petition regarding the Florida League of Cities proposed legislation opposing state mandates without funding notify her. Commissioner Regulski questioned whether or not the Oaks of Clearwater loan had been denied. The City Manager reported he had been informed that HUD (Housing and Urban Development) did not fund the project. Commissioner Regulski stated that while the removal of the $1 million limitation on revenue bonds would appear not to have an effect on taxes, that it could indirectly impact taxes. XVII - Adjournment The meeting adjourned at 9:15 p.m.