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05/18/1989 CITY COMMISSION MEETING May 18, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 18, 1989 at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Absent: Lee Regulski Commissioner Also present: Michael Wright Acting City Manager M.A. Galbraith, Jr. City Attorney (arrived 6:45 P.M.) Leo Schrader Assistant City Attorney (left 6:45 P.M.) 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. The invocation was offered by Reverend W. "Ray" Finklea, Skycrest United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Introductions and Awards Proclamation: Girls Club Week - May 14-20, 1989; Girls Care About Earth Day - May 17, 1989. IV - Minutes: Regular Meeting of May 4, 1989 and Special Meetings of March 30, 1989, and April 11, 1989. Commissioner Nunamaker moved to approve the minutes of the regular meeting of May 4, 1989 and special meetings of March 30 and April 11, 1989 as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. V - Presentations A. Pinellas Recreational Trail Bert Valery reported the idea for the Pinellas Recreational Trail originated from the Metropolitan Planning Organization (MPO) Bicycle Advisory Committee's desire to have a linear park throughout the county. He stated the project is progressing well and has countywide support. Ned Baier of Pinellas County presented slides depicting the 12 foot wide CSX corridor which is no longer in use and was purchased in 1985 by the Florida Department of Transportation (FDOT). He reported the County is negotiating to lease from FDOT this corridor. The County will construct the Recreational Trail in the corridor. The County is seeking donations in order to provide amenities, such as benches, covered tables, etc. along the trail. A resolution showing the City's support of the Pinellas Recreational Trail will be considered under "Other City Attorney Reports." In response to a question, it was indicated that the City would be requested to enter into an interlocal agreement for maintenance of the 2 mile section of the trail that extends from Sunset Point Road to Drew Street. Maintenance costs are estimated to be $10-$12,000 per year. Mr. Baier also stated the County will provide for major maintenance of the trail. The anticipated start date for the design phase is October 1, 1989, and the construction phase is scheduled to begin January 1, 1990. In response to a question, it was indicated that the lease would be for five years and would be renewable as long as there was no other use for this corridor. B. Clearwater Housing Authority Howard Groth, Chairman of the Clearwater Housing Authority, presented a check in the amount of $12,800.86 in lieu of taxes for public housing owned by the Authority. VI - Citizens to be heard re items not on the Agenda. Jean Sarris, Sand Key Association president, requested a one-time beach cleaning to remove the residue left by the "Red Tide." VII - Public Hearings Item #9 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Dinker's located at 2794 Gulf-to-Bay Blvd.; M&B 24.02, Sec. 17/29/16 (Hampton Square Associates Ltd. Partnership) AB 89-05, CU 89-31 (PL&D) A parking variance was denied for this establishment by the Development Code Adjustment Board (DCAB) on May 11, 1989. The owner had requested this item be continued; however, staff recommends the item be tabled. Commissioner Nunamaker moved to table the requested variances. The motion was duly seconded and carried unanimously. Item #10 - Public Hearing and First Reading, Ordinances 4799-89 and 4800-89 - Petition for Annexation and RS-8 (Single Family Residential) Zoning of a single family lot (0.23 acres) located at 1828 West Dr.; Lot 5, Suban's Subdivision, Sec. 2/29/15 (Waydovic & Davis) A 89-4 (PL&D) The lot is developed with a single family residence and the owner is desirous of connecting to the available City sewer. All the required fees have been paid. Commissioner Winner moved to approve the requested annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4799-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4799-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. The City Attorney presented Ordinance 4800-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4800-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. Item #11 - Public Hearing and First Reading, Ordinances 4801-89 and 4802-89 - Petition for Annexation and RS-8 (Single Family Residential) 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, Sec. 16/29/16 (Rodriguez) A 89-5 (PL&D) The property is developed with a single family residence which is proposed to be removed prior to the proposed subdivision of the property into nineteen (19) single family lots. Sanitary sewer can be extended to the property. Water and natural gas service is available. Commissioner Winner moved to approve the requested annexation and zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4801-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4801-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. The City Attorney presented Ordinance 4802-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4802-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. Item #12 - Transmittal Public Hearing for Clearwater Comprehensive Plan Update - 1989. (PL&D) The required elements for Clearwater's Comprehensive Plan include Future Land Use; Traffic Circulation; Mass Transit; Aviation; Housing; Sanitary Sewer, Solid Waste, Drainage, Potable Water, Natural Groundwater Aquifer Recharge; Coastal Zone Management; Conservation; Recreation & Open Space; Intergovernmental Coordination; and Capital Improvements. The portions of the complete plan document requiring approval action by the City Commission include the goals, objectives and policies; requirements for capital improvements implementation; procedures for monitoring and evaluation and maps showing future conditions; and the Evaluation and Appraisal Report of Clearwater's existing comprehensive plan. The Planning Director asked the Commission if they wished to approve both the Evaluation and Appraisal Report of the existing Comprehensive Plan and the Clearwater Comprehensive Plan Update - 1989 as a total document. Consensus was to approve the report and update of the plan as two separate items. Commissioner Winner moved to approve the Evaluation & Appraisal Report of the existing Clearwater Comprehensive Plan. *The motion was duly seconded and carried unanimously. The recommended changes to the Clearwater Comprehensive Plan Update 1989 are as follows: Monitoring and Evaluation Procedures: Page 1 - Add "Wherever time limitations are identified in objective and policy statements utilizing the term by, such as by 1991, by shall be defined for the purpose of monitoring and evaluation as no later than the end of." Future Land Use Element: Page 1, Needs summary, Paragraph 8, line 1 - delete "as it has in the past."; Page 7, Objective 4.1, line 1 - change "1991" to "June, 1990." Traffic Element: No changes. Mass Transit Element: Page 46, Objective 8.5, line 1 - change "1991" to "1990." Aviation Element: Page 52, Policy 11.2.2 - amend to read as follows: "The Airpark shall continue to be operated with land ownership and management review retained by the City. The City shall approve all lease and planned facility improvements." Housing Element: Page 57, Policy 13.2.1, lines 2 & 3 - change "949" to "300", change "72" to "30"; Policy 13.2.2, line 1 - change "30" to "15." Utilities Element: Sanitary Sewer Sub Element: No changes. Solid Waste Sub Element: Page 72, Policy 15.6.6 - add at the end of the sentence the following "through the use of the Solid Waste Management Trust Fund grant program." Drainage Sub Element: Page 75, Objective 16.2, line 3 - change "1991" to "1990"; line 4 - change "1993" to "1992." Potable Water Sub Element: Page 85, New Policy 18.6.10 - add "A plan to provide reclaimed water to private residences for irrigation purposes shall be prepared, and properties thus served shall be exempt from lawn sprinkling restrictions." Coastal Zone Management Element: Page 89, Paragraph 3, line 4 - amend to read as follows: "The tourist industry shows signs of a need for revitalization, and a redevelopment program is needed to address outdated tourist areas (i.e. those which were developed in the 1940's and 1950's); Page 91, Objective 19.2 - amend to read as follows: "Coastal high hazard areas are determined to be the F.E.M.A. velocity zone and areas which have experienced severe damage to piers, cabanas and the like, lift stations and the Clearwater East Treatment Plant, Clearwater Pass Bridge, and the following areas of permanent residence: southern portion of Sand Key, and the 700 to 900 block of Eldorado Drive. These areas should be the first priority for beach renourishment, after which their status as high hazard areas should be reevaluated"; Objective 19.3 - amend to read as follows: "Public access to the beach shall be enhanced by adding two hundred (200) parking spaces on Sand Key by 1990 and adding parking spaces or increasing public accessibility (i.e. buses, bicycles) on the north end of Clearwater Beach consistent with plans for beach renourishment by 1992"; Page 95, Objective 21.3, line 1 - delete "Residential"; Policy 21.3.1 - amend to read as follows: "In considering revisions to the land development regulations, Clearwater shall consider appropriate and innovative amendments allowing compensating variations to dimensional requirements (heights, setbacks, open space) to allow reasonable redevelopment at existing densities"; Page 96, Objective 21.5, line 3 - delete "an appropriate" and insert "the only." Six citizens spoke in regard to this element expressing concerns regarding residential development being considered a lower priority than commercial and tourist development; Objective 21.1 not mentioning the word "residential"; putting caps on residential development; and beach renourishment on North Clearwater Beach (4 opposed). Several changes were suggested. Five letters in opposition of beach renourishment for North Clearwater Beach were submitted. Discussion ensued regarding these issues. The Planning Director stated the location of the high hazard areas was set by the federal and state governments and that rebuilding would be in accordance with the code and existing densities. She also stated that beach renourishment is favored where necessary and would provide additional protection for properties. She also indicated that Objective 19.7 calls for redevelopment strategies and that it is the City's obligation to put a cap on population. In response to questions, it was indicated that the Federal Emergency Management Association (FEMA) establishes the velocity zone; that the City has no specific plans for beach renourishment at this time; and that a property owner could apply for a fill permit from the state if his land is inundated by water. Extensive discussion ensued regarding Policy 21.1.1 including a ranking system for redevelopment in areas adjacent to coastal waters and it was indicated that the residential areas are provided for in the plan. Consensus to accept element as amended by staff. Conservation: Page 101, New Policy 22.1.3 - add to read as follows: "The City of Clearwater shall cooperate with the Tampa Bay Regional Planning Council and Pinellas County in their efforts to develop plans for improving air quality and monitoring of air quality." A citizen requested clarification of this element and submitted proposed modifications to the plan. Discussion ensued regarding the suggested modifications and consensus was to make the following changes: Policy 22.3.1, add "This policy shall not preclude known, professional wildlife management and habitat restoration techniques." Policy 22.3.2, amend to read as follows: "Limit alteration of all urban forests utilizing the Clearwater Tree Ordinance; protect natural and mitigated wetlands, marine life, shoreline vegetation and wildlife habitat in the city from destruction and disturbance." Policy 22.3.5, amend to read as follows: "Adopt regulations providing for the protection of endangered species, threatened species and species of special concern." Policy 22.7.3, amend to read as follows: "Recognize Moccasin Lake Nature Park an environmental and energy education center as a unique facility which provides educational programs and activities dealing with the natural sciences, habitat, wildlife, alternative energy systems and recycling." Policy 22.8.8, amend to read "The City shall consider adoption of an ordinance which will prohibit the irrigation and/or the sprinkling of all grounds, lawns and plant material with potable water during designated hours." Commissioner Winner moved to adopt the recommended changes to Policies 22.3.1, 22.3.2, 22.3.5, 22.7.3, and 22.8.8. The motion was duly seconded and carried unanimously. Recreation Element: No changes. Intergovernmental Coordination Element: No changes. Capital Improvements Element: Page 134, Drainage, Item 20, Objective 16.2, line 4 - change "1991" to "1990" and "1993" to "1992." Commissioner Winner moved to approve the proposed Clearwater Comprehensive Plan Update 1989, as amended, for the purpose of transmittal to the Florida Department of Community Affairs and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed from 9:00 P.M. to 9:06 P.M. Public Hearing, Second Reading Ordinances Item #13 - Ordinance 4804-89 - Vacating a portion of a public street ROW at the SW corner of Lot 13, Blk 18, Gould and Ewings Subdivision, Second Addition (City of Clearwater) V 89-2 (CA) The City Attorney presented Ordinance 4804-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4804-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. CITY MANAGER REPORTS VIII - Consent Agenda (Items 14-34) - Approved as submitted less Items Nos. 20 and 33. Agreements - Approved. Item #14 - Approve Bardenpho Process License Agreement with the Eimco Process Equipment Co., for the Marshall Street Pollution Control Facility, Advanced Waste Treatment Project (AWT), no additional funds necessary.(PW) Item #15 - Agreement of Attornment and Nondisturbance - Anastasopoulos/Durnan. (CA) Bids & Contracts - Approved. Item #16 - Authorize Conversion of the City's present telephone system from the in-house switch G.T.D. 1000 to a G.T.E. Central office based PBX (Centranet) (GS) Item #17 - Award contract for Restoration of East Pollution Control Facility, South Interceptor, Phase I Contract (89-11) to Insituform Southeast, Inc., of Tampa, at a cost of $1,644,065. (PW) Item #18 - Extend contract for steel gas pipe to Consolidated Pipe and Supply Co. Inc., Birmingham, Alabama, from 6/1/89 to 5/31/90, at a cost of $55,700. (PW) Item #19 - Award contract to purchase miscellaneous brass water fittings to Hughes Supply, Inc., Clearwater, at a cost of $52,671.25. (PW) Item #20 - See page 9. Item #21 - Award contract for Cleveland Street Storm Replacement (San Remo to Highland Ave 89-12) to All American Concrete, Inc., St. Petersburg, at a cost of $59,485. (PW) Item #22 - Award contract to change out 500 residential gas meters throughout the gas service area, to West Coast Plumbing & Gas, Palm Harbor, for $14,500. (PW) Item #23 - Award contract for 206 Parking Meters to P.O.M., Inc., Russellville, AR, for $26,368. (PW) Plans & Plats - Approved. Item #24 - Preliminary Site Plan for G.I.S. Housing III - Pinellas, (1.55 acres) located on the S side of Turner St., E of Greenwood Ave.; Lots 17 thru 22, Turner St. Groves, vacated portion of Madison Ave., and M&B 31-19, Sec. 15/29/15 (Orlandi, Inc.) PSP 89-11 (PL&D) - Authorize review of final site plan with final action by the Development Review Committee (DRC) subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the applicant must obtain variance approval to the parking requirement*; 3) while the legal description includes lot 16, the site calculations do not include the area for this lot, therefore, either the legal description or the calculations must be revised with any necessary related changes to the drawing* and 4) the surveyed location of all existing trees (4" DBH or greater) must be provided and identified on the site plan; these trees are to include the trees to be removed for the proposed development; the revised plan will be subject to approval by the Environmental Division* (*conditions 2 thru 4 to be completed prior to DRC review). Receipt & Referral - Received and referred to proper departments. Item #25 - Land Development Code Amendments Implementing the North Greenwood Commercial District General Development Plan. LDCA 89-05 (PL&D) Item #26 - Land Use Plan Amendment to Medium Density Residential and RM-16 Zoning for property (0.59 acres) located on the E side of Taft Ave. between Grant St. and Carlton St.; Lots 9 through 16, Blk. 1, Lincoln Place Subdivision, Sec. 10/29/15 (City of Clearwater) LUP 89-3, Z 89-3 (PL&D) Item #27 - Land Use Plan Amendment to Commercial/Tourist Facilities and CNG (North Greenwood Commercial) District Zoning for property (0.4 acres) located at the SE corner of the intersection of N. Greenwood Ave. and Palm Bluff St.; M&B 24.01, Sec. 10/29/15 (Willow Run, Inc.) LUP 89-4, Z 89-4 (PL&D) Item #28 - Zoning Amendment from CN to North Greenwood Commercial (CNG) District for property (6.8 acres) located generally on the E and W sides of N. Greenwood Ave. from Grant St. to Palmetto St.; Lots 1 thru 4, 7 & 8, Lincoln Place Subdivision, Lots 6 thru 11, Blk. 3, C.E. Jackson's Subdivision, Lots 6 thru 11, Blk. D, Palm Park Subdivision, Lots 1 thru 7, Greenwood Manor Subdivision, lots 32 thru 35, Blk. F, Lots 32 thru 35 Blk. E, Lots 32 thru 35, Blk. D, Greenwood Park No. 2, Lots 15 thru 18, Blk. C, Lots 15 thru 18, Blk. B. Greenwood Park Subdivision, Lots 31 and 32, Palm Park Subdivision, Lots 1 thru 3 and 10 thru 12, Mason's Subdivision, Sec. 10/29/15 (Multiple Owners/City of Clearwater) Z 89-5 (PL&D) Item #29 - Petition for Annexation and RS-6 Zoning for a lot (0.2 acres) located at 1807 Brentwood Dr.; Lot 9, Lake Lela Manor, Sec. 24/29/15 (Clearwater Marine Science Center, Inc.) A 89-11 (PL&D) Item #30 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG (General Commercial) Zoning for property (1.42 acres) located at the SW corner of the intersection of Sunset Pt. Rd. and Hercules Ave.; portion of Lot 1, Pinellas Groves Subdivision, Sec 1/29/15 (Florida National Bank) LUP 89-7, Z 89-8 (PL&D) Item #31 - Zoning Atlas Amendment from CR-24 (Resort Commercial) to CN (Neighborhood Commercial) for property (0.25 acres) located on the E side of S. Ft. Harrison Ave. approx. 500 ft. S of Woodlawn St.; M&B 44.11, Sec. 21/29/15 (Chiavatti Development) Z 89-9 (PL&D) City Attorney Deeds and Easements - Accepted. Item #32 - Quit Claim Deed - W 30 ft. of S 330 ft. of W 130 ft. of SW 1/4 of NE 1/4 of Section 17/29/16 (Limited Properties, Inc.) (CA) Item #33 - See below. Item #34 - Drainage and Utility Easement - Part of Lot 50, Live Oak Estates Subdivision (Clare) (CA) Commissioner Winner moved to approve the Consent Agenda as submitted less Items Nos. 20 and 33 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #20 - Award contract for North Beach Drainage (87-27) to Suncoast Excavating Inc., Ozona, at a cost of $48,000. (PW) The Public Works Director pointed out that there are no curbs and gutters on N Clearwater Beach to assist water run-off and that a French drain has been devised to speed the percolation rate. He indicated there will be approximately 1,300 such drains installed spaced approximately 10 feet apart and that a flume will be installed at the end of Bruce Street to accommodate the water run-off. Commissioner Winner moved to approve the award of contract for North Beach Drainage to Suncoast Excavating Inc., Ozona, at a cost of $48,000. The motion was duly seconded and carried unanimously. Item #33 - 10 ft. Water Main and Ingress/Egress Easement - part of Sec. 20/29/15 (Petrarca) (CA) The City Attorney stated there was a technical problem with the legal description for this easement and requested the item be pulled. No action taken. IX - Other Items on City Manager Reports - none. X - Other Pending Matters - none. CITY ATTORNEY REPORTS XI - Resolutions Item #35 - Resolution 89-19 - Dedicating 10 ft. utility easement lying across City-owned parcel lying between Landmark Dr. and McMullen-Booth Rd. in Sections 20/28/16 and 21/28/16. (CA) Commissioner Nunamaker moved to pass and adopt Resolution 89-19 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. Item #36 - Resolution 89-25 - Assessing property owners the costs of mowing or clearing owners' lots. (CA) Commissioner Winner moved to pass and adopt Resolution 89-25 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. V. - Resolution 89-28, Pinellas Recreational Trail, supporting a 35 mile recreational path between Tarpon Springs and St. Petersburg along portions of the SCL (CSX) rail corridor and the McKay Creek drainage canal, and urging the Pinellas County Board of County Commissioners to implement said plan at the earliest possible time. Commissioner Fitzgerald moved to pass and adopt Resolution 89-28 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Absent: Regulski. XII - Other City Attorney Items Item #37 - Island in the Sun Annexation Agreement. (CA) The owners of Island in the Sun Mobile Home Park, located at Drew Street and Hampton Road, and approximately 57 acres of undeveloped land north of the park, have been discussing with City staff an agreement to provide for the annexation and development of the properties. Three representatives of the Clearwater Housing Authority (CHA) and one citizen, who also felt the sewer impact fees should not be waived for Island in the Sun, spoke in opposition to paragraph 8 of the agreement which provides that the City would not object to applications for the construction of a wall on the south side of Drew Street, north of Condon Gardens. They indicated a wall would create safety problems and the existing fence has worked well for the residents of Condon Gardens. They also expressed concern regarding the type and appearance of the proposed fence. The Public Works Director indicated the existing fence is located in the City right-of-way and belongs to the City as a part of Drew Street. He also expressed concerns regarding the safety of a solid wall in the right-of-way. Attorney Timothy Johnson, representing the owners, indicated the construction of a wall would be to improve the aesthetics, that the owners are willing to construct the wall at their own expense, and he suggested the construction of a breakaway wall or fence as an alternative. Discussion ensued in regard to the design of the proposed wall or fence and Mr. Johnson indicated they would agree to requiring the design be acceptable to the City Engineer and be approved by the CHA. It was proposed that Paragraph 8 be amended to read as follows: "The City will not object to construction approvals, including any necessary variances, to allow Owners, at their expense, to construct a breakaway wall or fence on the south side of Drew Street, north of Condon Gardens which wall or fence shall be acceptable to the City Engineer from the standpoint of safety. It is contemplated the breakaway wall or fence shall be located where the chain link fence is now located, but the appearance, nature of the breakaway wall or fence and its location shall be subject to approval by the Clearwater Housing Authority." Commissioner Nunamaker moved to approve the annexation agreement as amended in paragraph 8 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Winner and Nunamaker, and Mayor Garvey voted "aye." Commissioner Fitzgerald voted "nay." Motion carried. Item #38 - Subordination Agreement - Willie B. Franklin, Lot 10, Blk. C, Avondale Subdivision. (CA) This agreement will subordinate a mortgage the City was given in 1985 to secure a property rehabilitation loan. The original principal of the loan was $15,000, with payment deferred as long as the borrower, Stella G. Robinson, owned the property. The borrower is now deceased and the beneficiaries of her estate are her daughters, Willie B. Franklin, Elease Calhoun, and Leola L. Fails. The principal of the loan has been reduced to $14,896.50. Ms. Franklin is borrowing $13,000 of which $7,000 will be used to purchase her sisters' interests in the property. She will reside on the property and assume the obligation to repay the City's loan. As is customary in this program, the City's loan will be subordinated to (become junior to) the new loan with the new lender being AABCO Mortgage Loans and Investments, Inc., 1345 S. Missouri Avenue, Clearwater. The City's mortgage is already junior to an existing mortgage securing a loan balance of $3,771 which is held by Dime Savings Bank, which will continue to hold the first mortgage on the property. Closing is scheduled for May 19, 1989. The City Attorney requested the agreement be amended on page 1, 3rd "whereas" clause, by changing the amount of $12,000 to $13,000 and by changing the amount of $3,000 to $4,000. Commissioner Nunamaker moved to approve the Subordination Agreement as amended. The motion was duly seconded and carried unanimously. Item #38A - Quit Claim Deed - W 30 ft. of Lots 8, 9, 10, W.S. Cash Sub. (Davis). The City vacated this property in 1984 by the adoption of Ordinance 3806-84. The basis for this request is that the attorney for a title company is concerned that the ordinance did not convey or abandon all of the City's interest in the property. Unlike a typical subdivision street, which is dedicated to the public and which can be vacated by ordinance, this property was acquired by a warranty deed which did not restrict the use of the property to road right-of-way purposes. Theoretically, there is some claim that the City could make to the property notwithstanding the adoption of the ordinance. The request has been reviewed with the Public Works Director who advises that the City has no further interest in the property. The closing is scheduled for May 22, 1989. Commissioner Winner moved to approve the quit claim deed and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. XIII - Verbal Reports - none XIV - Other Commission Action Mayor Garvey reported that former Clearwater Mayor LeCher's daughter, who was injured in an auto accident, is on the road to recovery. XV - Adjournment The meeting adjourned at 10:21 P.M.