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04/06/1989 CITY COMMISSION MEETING April 6, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 6, 1989 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner James Berfield Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner-Elect 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. The invocation was offered by Rev. Norman Howard of the Good Samaritan Episcopal Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Farewell to Commissioner Berfield Commission members and staff presented farewell gifts to Commissioner Berfield. The meeting recessed from 6:25 p.m. to 6:35 p.m. Commissioner Berfield left the meeting. IV - Installation of Commissioners Fitzgerald and Nunamaker The City Clerk administered the Oath of Office to Commissioners Nunamaker and Fitzgerald. The Commission extended congratulations to the newly elected Commissioners. V - Service Pin Awards Four (4) service pins were awarded to City employees. VI - Introductions and Awards Proclamation: Youth Temperance Education Week - April 17-23, 1989. VII - Minutes of the Regular Meeting of March 16, 1989 and Special Meetings of February 10, February 27 and March 15, l989. Commissioner Nunamaker moved to approve the minutes of the regular meeting of March 16 and special meetings of February 10 and 27 and March 15, 1989. The motion was duly seconded and carried unanimously. VIII - Presentations A. George Smith, Water Pollution Control, presented with 20-year safety award for having worked 20 years without any lost time due to injury on the job. B. Peter Simmonds, honorary Town Crier of Clearwater and Town Crier of the Isle of Wight, reported on activities; presented each Commissioner with a commerative spoon and presented a book about the Isle of Wight to the City. Upon request he gave a Town Crier demonstration. IX - Citizens to be heard re items not on the Agenda. Barbara Green, representing Everbody's Tabernacle, requested the Commission provide a procedure for waiver of impact fees for such programs as the Emergency Homeless Project. She indicated that she has received state and county funds and has also received letters in support. Consensus was this item be agendaed for the next work session. Ms. Green also expressed concerns in regard to the violence and drug problems in the S. Greenwood area and requested additional police enforcement. X - Public Hearings Item #9 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Binor's Liquor Store to be located within Gionis Plaza at 490 Mandalay Ave., Lots 57 through 63 and part of Lot 64, Clearwater Beach Park zoned CB (Beach Commercial) (Mary G. Realty, Inc.) AB 89-04, CU 89-22 (PL&D) This request was received to permit alcoholic beverage sales within 3.5 feet of a residential (resort/commercial) zone at 490 Mandalay Avenue. The applicant is requesting a 3-PS state license allowing package sales of beer, wine and liquor. The proposed liquor store will occupy approximately 1,000 square feet of tenant space. The Planning and Zoning Board on April 4, 1989, approved a conditional use subject to the alcoholic beverage and occupational licenses being obtained within six months. Attorney Patricia Muscarella, representing the applicant, indicated there is only one other liquor store on the beach. She stated that the applicant doesn't anticipate being open past midnight. Sam Moussa, owning an interest in the Holiday House, expressed concerns regarding drunks in the area and streets being littered with bottles. In response to questions, it was indicated that the distance map attached to the application did reflect the properties within the 300-foot radius of the subject property, and the Acting Planning & Development Director indicated there is no distance separation requirement from other licensed 3-PS establishments. A concern was expressed regarding the abundance of alcoholic beverage sales in the area and it was indicated there are far less disturbances with package sales than with on-premise sales. A question was raised regarding the word "or" in relation to COP or PS in Section 136.024(d)(1). The City Attorney indicated this wording did cause confusion and it was suggested that it be changed. Discussion ensued regarding proliferation of bars and liquor stores in the area and whether or not denying the application could be justified. Commissioner Regulski moved to deny the requested variance to the alcoholic beverage minimum distance requirement on the subject property to allow alcoholic beverage sales within 3.5 feet of a residential zone. The motion was duly seconded. Upon the vote being taken: Commissioners Regulski and Fitzgerald voted "aye". Commissioners Nunamaker, Winner and Mayor Garvey voted "nay". Motion failed. Commissioner Winner moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property to allow alcoholic beverage sales within 3.5 feet of a residential zone subject to the store closing at midnight and a review of the variance at the end of a year. The motion was duly seconded. Upon the vote being taken: Commissioners Nunamaker and Winner and Mayor Garvey voted "aye". Commissioners Regulski and Fitzgerald voted "nay". Motion carried . Item #10 - Public Hearing and First Reading Ordinances 4784-89 and 4785-89 - Petition for Annexation and RS-6 Zoning of a Single Family Lot (0.24 acres) at 2166 Burnice Dr., Lot 6, Glen Ellyn Estates, Sec. 24-29-15. (Brooks) A 89-1 (PL&D) The lot is presently being developed with a single family residence. The owner wishes to connect to City sewer which is available to the property. Concern was expressed regarding who is responsible for the installation and cost of sidewalks. Bill Baker, Public Works Director, reviewed the various methods for same. Commissioner Winner moved to approve the annexation and RS-6 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Manager presented Ordinance 4784-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4784-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4785-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4785-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #11 - Public Hearing and First Reading Ordinances 4786-89 and 4787-89 - Petition for Annexation and RS-8 Zoning for a Single Family Lot (0.2 acres) located at 1851 East Drive, on the E side of East Dr. at the eastern terminus of South Dr., generally S of Sunset Pt. Rd., E of Highland Ave. Lot 6, Blk A Clearwater Highlands Unit B, SW 1/4 Sec. 2-29-15. (Brenner) A 89-2 (PL&D) The lot is developed with a single family residence and the owner wishes to connect to City sewer which is available to the property. All the required fees have been paid. City water is also available to the property. Commissioner Winner moved to approve the annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4786-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4786-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4787-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4787-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #12 - Public Hearing and First Reading Ordinances 4788-89 and 4789-89 - Land Use Plan Amendment from Low Density Residential to Commercial/ Tourist Facilities and Zoning Atlas Amendment from Single Family Residential (RS-8) to CG (General Commercial) for property (0.28 acres) located E and W of Bamboo Lane, approx. 330 ft. S of Gulf-to-Bay Blvd.; S 34 ft. of Lot 3 and S 34 ft. of Lot 10, Bamboo Sub., Sec. 13-29-15. (S.D.S. Investments) LUP 89-1, Z 89-1 (PL&D) On December 10, 1949, Ordinance 585 established the "B" business zoning in this area at 330 feet south of the centerline of Gulf-to-Bay Blvd. The location of this zoning line was confirmed by Ordinance 627 adopted by the City Commission on December 9, 1952. Bamboo Subdivision was platted in October 1952, after the "B" zoning was in effect. The configuration of the plat caused Lots 3 and 10 to carry a "B" zoning on the north 38 feet of each lot and a single family designation on the south 34 feet of each lot. With the adoption of a new format of the Zoning Atlas in 1972, the zoning line did not accurately reflect the provisions of Ordinance Nos. 585 and 627. At present, the north 38 feet of Lots 3 and 10 have a General Commercial zoning and a land use designation of Commercial/Tourist Facilities while the south 34 feet of said lots are zoned Single Family Residential with a land use designation of Low Density Residential. The submission of this application is a suggested condition by staff for the preliminary site plans of Carlisle Motors Bamboo Lane Display Lots East and West. Attorney Emil Marquardt, representing the applicant, indicated this application was being filed as a result of prior approval of the site plan. Ms. Florence Julis, an abutting property owner, expressed concern regarding this application and Attorney Marquardt indicated that approval would not affect her property in any way. Commissioner Nunamaker moved to approve the requested land use plan and zoning amendments on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4788-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4788-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4789-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4789-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #13 - Public Hearing and First Reading Ordinance 4783-89 - Amending Section 134.006, Land Development Code to clarify the definition of Surface Area of a Sign. LDCA 89-03 (PL&D) The definition of surface area of a sign placed directly on a wall provided in Section 134.006 has been found to not be as clear as that for determining surface area of other signs. In addition, no definition is provided for the surface area of a sign placed on a window. The ordinance will provide that the surface area of signs placed on a wall or window be the smallest rectangular, trapezoidal, triangular, circular or semi-circular area which fully encompasses the message. The Development Code Adjustment Board (DCAB) on March 9, 1988, recommended approval of this ordinance subject to the insertion of the word "single" before the word "smallest" in the first and sixth line of the definition. The City Attorney proposed an alternate amendment and explained it to the Commission. Discussion ensued regarding how the ordinance would be applied in determining the surface area of a sign. Commissioner Winner moved to amend Ordinance 4783-89 in Section 1, end of second sentence, after "message" delete the period and add "or messages." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4783-89 as amended for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4783-89 as amended on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #14 - Public Hearing and First Reading Ordinance 4795-89 - Amending Section 136.024(d)(6), Land Development Code to provide that Applications for Variance from Separation Requirements for Alcoholic Beverage establishments shall be filed with the Development Code Administrator rather than the City Clerk. LDCA 89-04 (PL&D) Section 136.024 requires that applications for variances from the separation requirements for establishments selling alcoholic beverage sales be submitted to the City Clerk Department for processing. Ordinance 4795-89 provides for the applications to be submitted at the office of the Code Administrator in the same manner as other applications for variance from the regulations of the Land Development Code and as requests for conditional use review including alcoholic beverage sales. Commissioner Winner moved to approve the land development code amendment relating to applications for variances from the separation requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4795-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4795-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #15 - Declare Surplus parcel located at N boundary Tract B, Myron A. Smith's Bay View Sub. adjoining ROW of SR 60, Sec. 16-29-16 (1269 sq. ft.) and Adopt Resolution 89-10 - Authorizing the appropriate City Officials to execute a Deed to the State of Florida, Department of Transportation, to correct a previous deed which conveyed certain real property for use as SR 60 right-of-way. Commissioner Winner moved to declare the subject property surplus. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Resolution 89-10 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #16 - Ordinance 4723-88 - Annexation of property (0.17 acres) located at NE corner of the intersection of Charles Ave. and Daniel St.; Lot 1, Blk 3, Acker's Subdivision, Sec. 28-28-16 (Maher/Vogel) A 88-36 Discussion ensued regarding the need to resolve the procedural problem created by the Pinellas Planning Council (PPC) not being able to consider land use plan (LUP) amendments unless the property is actually under the jurisdiction of the requesting government. Barry Vogel, representing the property owners, indicated he would like to proceed with the requested annexation. He stated PPC staff has recommended approval of the LUP amendment. The City Attorney presented Ordinance 4723-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4723-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #17 - Ordinance 4724-88 - Land Use Plan Amendment from Low Density Residential to Residential/Office for property (0.17 acres) annexed in Ord. 4723-88 (Maher/Vogel) LUP 88-26 Commissioner Regulski moved to amend Ordinance 4724-88, Sec. 3 to remove the period after the word "adoption" and add "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4724-88 as amended for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4724-88 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #18 - Ordinance 4725-88 - Zoning Atlas Amendment as Limited Office (OL) for property (0.17 acres) annexed in Ord. 4723-88 (Maher/Vogel) A 88-36 Commissioner Regulski moved to amend Ordinance 4725-88, Sec. 4 to remove the period after the word "adoption" and add "subject approval of the land use designation as set forth in Ordinance 4724-88 by the Pinellas County Board of County Commissioners. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4725-88 as amended for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4725-88 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #19 - Ordinance 4732-88 - Annexation of property (0.43 acres) located at NW corner of the intersection of Soule Rd. and Main St.; Lot 1, Blk. B, Robinwood Subdivision and an unplatted parcel lying W of Lot 1, Blk. B, Sec. 5-29-16 (Ackley) A 88-38 LUP 88-28 The City Attorney presented Ordinance 4732-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4732-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #20 - Ordinance 4733-88 - Land Use Plan Amendment from Low Density Residential to Residential/Office for property (0.43 acres) annexed in Ord. 4732-88 (Ackley) LUP 88-28 The City Attorney presented Ordinance 4733-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4733-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #21 - Ordinance 4734-88 - Zoning Atlas amendment as Limited Office District (OL) for property (0.43 acres) annexed in Ord. 4732-88 (Ackley) A 88-38 The City Attorney presented Ordinance 4734-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4734-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #22 - Ordinance 4762-88 - Land Use Plan amendment from None to Commercial/ Tourist Facilities for property (0.15 acres) located on the S side of Belleair Rd., 475 ft. W of Missouri Ave.; Lot 15, Loveland Subdivision, Sec. 27-29-15 (Foley) A 88-44 LUP 88-33 AND Item #23 - Ordinance 4763-88 - Zoning Atlas amendment as Commercial Center (CC) for property (0.15 acres) located on the S side of Belleair Rd., 475 ft. W of Missouri Ave.; Lot 15, Loveland Subdivision, Sec. 27-29-15, to be annexed in Ord. 4764-88 (Foley) A 88-44 AND Item #24 - Ordinance 4764-88 - Annexation of property (0.15 acres) located on the S side of Belleair Rd., 475 ft. W of Missouri Ave.; Lot 15, Loveland Subdivision, Sec. 27-29-15. (Foley) A 88-44 LUP 88-33 It was stated that these three items are also affected by the Pinellas Planning Council (PPC) procedures; however, the property owners have not indicated whether or not they wish to go forward at this time. Commissioner Winner moved to continue Items #22, #23, and #24 to April 20, 1989. Motion was duly seconded and carried unanimously. Item #25 - Ordinance 4765-88 - Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for property (1.05 acres) located on the S side of Belleair Rd. approx. 525 ft. W of S Missouri Ave.; Lot 14, Loveland Sub. and part of M&B 21.011, Sec. 27-29-15 (Barnett Bank of Pinellas) Z 88-28 LUP 88-34 Commissioner Winner moved to amend Ordinance 4765-88, Sec. 3 to remove the period after the word "adoption" and add "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4765-88 for second reading, as amended and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4765-88 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #26 - Ordinance 4766-88 - Zoning Atlas Amendment from Multiple-Family Residential "Twelve" District (RM-12) to Commercial Center (CC) for property (1.05 acres) described in Ord. 4765-88 (Barnett Bank of Pinellas) Z 88-28 Commissioner Winner moved to amend Ordinance 4766-88, Sec. 4, to delete the period after the word "adoption" and add "subject to the approval of the land use designation as set forth in Ordinance 4765-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4766-88 as amended for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4766-88 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #27 - Ordinance 4792-89 - Providing for issuance by the City of $2,500,000 Center Foundation Project Revenue Bonds, Series 1989, the proceeds of which will be loaned to the Center Foundation, Inc. to finance certain capital projects; providing for the rights of the holders of such bonds; providing for the payment thereof; authorizing the execution and delivery of the Trust Indenture, and Loan and Security Agreement for the Bonds; making certain other covenants and agreements in connection with the issuance of the bonds; approving the issuance of such bonds pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended. A question was raised regarding the $1 million Charter limitation for revenue bonds. It was noted that this limitation does not include public health and safety projects, and the City Attorney indicated this issue will be raised at the bond validation. It was also indicated that it is the State Attorney who reviews and challenges bond issues. Concern was expressed regarding $750,000 showing as a pledge from the City. It was indicated the City has paid what was included in last fiscal budget ($250,000) and that there will be no future pledges until the City has gone through the budget process for subsequent years. In answer to a question, Gray Dunlap of William R. Hough, the City's Financial Advisor, stated that the business and residential communities have exceeded their pledges and indicated that he hoped the City would give consideration and support at the appropriate time. Commissioner Regulski moved to adopt Ordinance 4792-89 with a provision that in no case shall the Center Foundation represent a $750,000 pledge from the City in the bond documents. The motion was duly seconded. Discussion ensued regarding the need for the provision regarding the $750,000 pledge. It was indicated the City Attorney had recommended amendments that needed to be approved prior to adoption of the ordinance. The motion was withdrawn. Commissioner Nunamaker moved to amend Ordinance 4792-89 as follows: 1) on page 1, add "Now therefore" following the last "whereas" clause; 2) on page 1, change "Be it enacted" to "Be it ordained" preceding Section 1 of the ordinance; 3) on page 4, Section 17, delete the sentence and insert "This Ordinance shall become effective immediately upon adoption" and 4) on page 5, 3rd line of type, change "enacted" to "adopted." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4792-89 for second reading as amended and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4792-89 as amended on second and final reading. Motion was duly seconded. Commissioner Regulski requested that the motion be amended to include the provision regarding the $750,000 pledge. Commissioner Nunamaker did not accept the amendment. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": Regulski. Motion carried. Item #28 - Ordinance 4793-89, Relating to the Public Health, Safety and Welfare -Repealing Sections 82.01 through 82.05 and creating Sec. 82.01 through 82.06 prohibiting the exposure or simulation of certain anatomical areas and prohibiting certain specified conduct by persons in establishments licensed by the State of Florida to sell any alcohol beverage for consumption on premises; prohibiting construction and use of areas partitioned, curtained or screened from public view that are permitted to be used for certain proscribed conduct; providing definitions; providing penalties; providing for revocation of occupational licenses; providing for severability. Robert Surette, Assistant City Attorney, indicated a memo from Chief Klein, previously distributed to Commission members, lists a number of incidents that support the need for this ordinance. He stated some establishments are making efforts to eliminate the offensive behavior, but Clearwater vice and narcotics detectives are still observing nudity in alcoholic beverage establishments. Discussion ensued regarding an exchange of money or anything of value being needed in order for there to be a violation. It was indicated that having the phrase in the ordinance would make it less subject to attack due to vagueness. State statutes would still prevail for all other lewd conduct. The Assistant City Attorney, stated the ordinance is narrowly drawn to specifically address the offensive activities. A question was raised regarding whether or not the City ordinance would be effective if an admission charge is collected at the door and the activity a part of the show. Mr. Surette assured the Commission that in accordance with State statute this type of lewd activity could be prosecuted. In response to a question regarding revocation of license for first offense, it was stated this was addressed in Section 71. It was indicated that the intent of the ordinance is to solicit cooperation from the establishments so as to limit offensive activity. Commissioner Nunamaker moved to amend Ordinance 4793-89 on page 2, in the first "whereas" clause, in line 1, after "order" by adding "to prevent blight and the deterioration of the City's neighborhoods and business community"; on page 3, Section 82.03(a), line 7 change "hair" to "area"; change "alcohol" to "alcoholic" in the following places: page 3, Section 82.02, line 4; page 3, Section 82.03(a), line 2 and line 5; page 3, Section 82.03(b), line 2; page 4, Section 82.03(c), line 2; page 4, Section 82.03(d), line 2; page 4, Section 82.03(e) line 2; and page 4, Section 82.05, line 2. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4793-89 as amended for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4793-89 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #29 - Ordinance 4794-89, relating to Occupational Licenses - Amending Section 71.12(a) to revise and clarify the term "nuisance" as meaning any activity declared to constitute a public nuisance in Sec. 95.23 or any activity proscribed by Chapter 796, Sec. 798.02 or Chapter 800, Florida Statutes. The City Attorney presented Ordinance 4794-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4794-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The meeting recessed from 8:46 p.m. to 8:55 p.m. CITY MANAGER REPORTS XI - Consent Agenda (Items 30-43) - Approved as submitted less Item #31 Bids & Contracts - Approved except Item #31 Item #30 - Award contract to Pal Bodies, Inc., Little Rock, Arkansas, for the purchase of two (2) replacement one-ton cab and chassis trucks with dumpster container bodies, at a cost of $38,300, to be financed by G.E. Capital, Inc. (GS) Item #31 - see page 11. Item #32 - Approve contract with Jimmie Lee Newton, Jr. and Patricia Newton for the purchase of Lot 10 and improvements of the Janie Daniels Subdivision;, 203 1/2 S. Madison Ave. for a total cost of $35,000; for future development in City Hall Annex property site area. (PW) Item #33 - Modification of engineering services for Fleet Maintenance Facility with Appenzeller, Boyd and Zarra, Inc. to increase the contract by $13,930 for a new total cost of $37,095. (PW) Item #34 - Award contract to Metro Plumbing and Mechanical Contractors Inc., Clearwater, for replacement of barscreen and belt unit on Bayfront Pump Station, at a cost of $39,495.(PW) Change Orders - Approved. Item #35 - Change Order No. 1, Drew Street Ditch Piping between Bayshore Blvd. and McMullen-Booth Rd. (87-42) +$6,491.20, for a new total of $178,322.10. (PW) Citizen & Staff Requests - Approved. Item #36 - Declare equipment surplus to City needs and Authorize sale of same to the highest bidder at public auction. (GS) Item #37 - Approve amendments to the Housing Assistance Plan to make four technical adjustments involving the Expected to Reside numbers, rehabilitation limits and subsidy needs. (PL&D) Leases - Approved. Item #38 - Renewal of two-year lease with Pinellas County School Board for the City's use of the radio tower located at Clearwater High School for the sum of $1.00. (GS) Receipt & Referral - Received and referred to proper departments. Item #39 - Petition for Annexation and RS-8 Zoning of a Single Family Lot (0.23 acres) located at 1828 West Dr. on the W side of West Dr. approx. 800 ft. S of Sunset Pt. Rd.; Lot 5, Suban's Subdivision, Sec. 2-29-15. (Waydovic's) A 89-4 (PL&D) Item #40 - Petition for Annexation and RS-8 Zoning for property (4.68 acres) located on the E side of McMullen-Booth Rd. approx. 400 ft. S of Drew St.; M&B 21.06, NE 1/4 Sec. 16-29-16 (Rodriguez) A 89-5 (PL&D) City Attorney Agreements, Deeds & Easements - Accepted. Item #41 - Drainage, Utility and Sidewalk Easement at Gulf-to-Bay Blvd. and Orion Ave.; lying within the SW 1/4 of the NW 1/4 of Sec. 13-29-15 (Taco Bell Corp) Item #42 - 40 ft. Drainage and Utility Easement in part of Lots 1 and 12, Blackburn's Subdivision (Branch Sunset Associated, Ltd.) Item #43 - 10 ft. Water Main Easement - Lots 1, 2 and 4, less W 50 ft. of Lots 1 and 4, Blk. C, Unit 5, Island Estates of Clearwater (Twenty Island Way, Inc.) Commissioner Regulski moved to approve the Consent Agenda as submitted less Item #31 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #31 - Award annual contract to Florida Utilities Supply Co. of Tampa, for miscellaneous brass water fittings and fire hydrants, at an estimated cost of $119,615.76 for FY 88/89. (GS) - Pulled no action taken Staff had requested that this item be pulled. It is to be rebid as two separate items. XII - Other Items on City Manager Reports Item #44 - Resolution 89-11 - Authorizing appropriate City Officials to execute an agreement with CSX Transportation Group for installation and maintenance of water pipeline within railroad right-of-way at McMullen-Booth Rd. (PW) This crossing is included in the Joint Project Agreement with Pinellas County for the relocation of existing utilities along McMullen-Booth Road. The available balance in this project is sufficient to provide the $400.00 license fee being charged by CSX under this agreement. The City Attorney distributed an amended agreement to the Commission, explained the changes, and indicated they were to his satisfaction. In response to a question, it was indicated that the force mains have already been relocated or do not need to be. Commissioner Nunamaker moved to pass and adopt Resolution 89-11 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #45 - Resolution 89-12 - Authorizing appropriate City Officials to execute an agreement with CSX Transportation Group for the installation and maintenance of a gas pipeline within the railroad right-of-way at McMullen-Booth Rd. (PW) This crossing is included in the Joint Project Agreement with Pinellas County for the relocation of existing utilities along McMullen-Booth Road. The available balance in this project is sufficient to provide the $1,525.00 license fee being charged by CSX under this agreement. Commissioner Winner moved to pass and adopt Resolution 89-12 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #46 - Community Relations Board appointments (2 members) (CLK) Commissioner Regulski moved to reappoint Sally Constantinou in the "At-Large" category and Edward Henry in the "Property Leasing" category. The motion was duly seconded and carried unanimously. Item #47 - Planning and Zoning Board appointment (1 member) (CLK) Commissioner Winner moved to reappoint William Schwob. The motion was duly seconded and carried unanimously. Item #48 - Beautification Committee appointments (3 members) (CLK) Commissioner Regulski moved to appoint Rose D. Moore. The motion was duly seconded and carried unanimously. Commissioner Winner moved to appoint Grace Eloise Adamson. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Lawrence Lindner. The motion was duly seconded and carried unanimously. Item #49 - Historic Preservation Board appointment (1 member) (CLK) Commissioner Nunamaker moved to appoint Gay Louise McGill. The motion was duly seconded and carried unanimously. Item #50 - Municipal Code Enforcement Board appointment (1 member) (CLK) Commissioner Regulski moved to appoint Michael Dallman. The motion was duly seconded and carried unanimously. Item #51 - Airpark Authority appointment (1 member) (CLK) Commissioner Regulski moved to appoint Robert H. Kulaas as League of Women Voters representative. The motion was duly seconded and carried unanimously. XIII - Other Pending Matters - none. CITY ATTORNEY REPORTS XIV - Resolutions Item #52 - Resolution 89-15 - 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 89-15 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #53 - Resolution 89-16 - Assessing property owners the costs of mowing or clearing owners' lots. Commissioner Regulski moved to pass and adopt Resolution 89-16 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #54 - Resolution 89-18 - Opposing proposed State Legislation limiting local governments control over signs. The City Attorney received a copy of the bill regarding outdoor advertising from Tallahassee and it requires that compensation be made for the removal of lawfully erected signs whether or not an amortization schedule is provided.. Discussion ensued regarding what signs are affected by the bill and it was indicated that off-premise signs would be. Consensus was that the decision regarding compensation for the removal of signs should be left to the municipalities. Commissioner Regulski moved to pass and adopt Resolution 89-18 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Fitzgerald and Garvey. "Nays": Nunamaker. Motion carried. XV - Other City Attorney Items Item #55 - Settlement with Clearwater Beach Hotel as intervenor in Jim Gray Suit. Florida Clearwater Beach Hotel, which owns Lots 1 through 5 of Clearwater Beach Park Subdivision, has filed a motion to intervene in the consolidated lawsuits relating to James R. Gray and other Clearwater Beach property owners. The motion has not yet been heard by the Court, but a hearing has been scheduled for April 10, 1989. The intervenor now wishes to enter into a settlement agreement which is similar in most respects to the settlement agreement which was previously approved, signed by the City and the property owners, and filed as an exhibit to a stipulated motion for the entry of a final judgment by consent. Providing the proposed settlement agreement is acceptable, it is recommended approval be subject to the following changes: 1) In paragraph 11, in order to incorporate a last-minute correction to the other settlement agreement, delete the reference to "jet skis" and add the following sentence: "With respect to the above uses of the Beach Property the Property Owner agrees to comply with the provisions of Article VI of Chapter 114, Clearwater Code of Ordinances, and the City agrees that it will not unreasonably withhold any waiver that may be sought pursuant to such Article; 2) In paragraph 18, fourth line, change "54 units" to "48 units."; 3) In paragraph 18, add: "The amount of density computed in accordance with this paragraph will not be recomputed at any future date but will be the final density available to the Property Owner for future development; and 4) In paragraph 23, delete the last two sentences. Concerns were expressed that the settlement would be a violation of the City Charter in that the City has a Quit Claim Deed and to "give up" the land without a referendum is not allowed. An opinion was expressed that the City would not be giving up the land but would be allowing use of it. Attorney Harry Cline, representing the Florida Clearwater Beach Hotel, indicated that his client faces damages due to the Gray Settlement creating a "box canyon" effect adversely impacting the hotel property. He stated, although his client was opposed to the Gray Settlement, feels now that the settlement exists, the Clearwater Beach Hotel should be included in the agreement. Attorney Cline distributed to the Commission a drawing of the shadow effect that would be present on his client's property if the Gray property is developed and also letters of no objection from the Gray parties for the Clearwater Beach Hotel to be included in the same settlement agreement. Commissioner Winner moved to approve the settlement offer and that the appropriate officials be authorized to execute same. Motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker and Winner voted "aye"; Commissioners Regulski and Fitzgerald, and Mayor Garvey voted "nay." Motion failed. XVI - Verbal Reports The City Manager reported that he attended a public hearing regarding the Florida Department of Transportation (FDOT)'s 5-year plan at which he spoke in support of the Clearwater Pass Bridge. XVII - Other Commission Action Item #56 - Consideration of Salary Adjustment for City Manager. Discussion ensued regarding whether or not an evaluation of the City Manager's performance should be completed prior to considering a salary adjustment and what criteria to use in determining the salary adjustment. A question was raised regarding whether or not the City Manager received a cost of living increase and it was stated that he did not. It was also stated that Mr. Rabun has done an excellent job starting out on the path requested by the Commission. It was felt that there has been strong support for the City Manager and his reorganization plan. The City Manager expressed his thanks to the Commission and said that he looked forward to a year of consolidation. Commissioner Regulski moved to approve a salary increase to $77,000 for the City Manager. Motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Nunamaker, Fitzgerald voted "aye". Mayor Garvey voted "nay". Motion carried. "Ayes": Regulski, Winner, Nunamaker, Fitzgerald. "Nay": Garvey. Commissioner Winner stated that the funds used to purchase the Bilgore property are tax increment financing funds, that the property was sold for less than the purchase price to induce redevelopment of downtown, and requested that a letter from the Mayor be sent to all newspapers regarding this to correct the misconception it has caused. He also requested the status of the Sand Key Bridge closing and Bill Baker reported there had been some unforeseen delays but expected the bridge to be open sometime Friday. Commissioner Regulski requested information regarding state legislation that would open libraries statewide to anyone having a library card. Commissioner Fitzgerald thanked the Commission for their welcome and stated he looked forward to working with them. Mayor Garvey questioned if there is any interest in an ordinance regulating pit bulls. No consensus. XVIII - Adjournment The meeting adjourned at 10:44 p.m.