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06/15/1989 CITY COMMISSION MEETING June 15, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 15, 1989 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and 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. Four service pins were awarded to City employees. IV - Introductions and Awards. Citation of Appreciation presented to Bill Kahn for service to the community. V - Minutes of the Regular Meeting of June 1, 1989. Commissioner Winner moved to approve the minutes of the regular meeting of June 1, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VI - Presentations - See Item #60. VII - Citizens to be heard re items not on the Agenda. Timothy Johnson, Chairman of the Clearwater Long Range Economic Development Plan Task Force, distributed the Task Force's Report and stated the Task Force was a group of citizens with a broad range of interests. They have consensus on issues and most recommendations being presented to the Commission had unanimous support. The Task Force developed the following mission statement: Clearwater should be an environmentally sound, safe and pleasant community in which to live, work, play and visit. This should be facilitated and accompanied by enhanced economic vitality. The goals established by the Task Force in order of priority are as follows: 1) Create a good transportation network, including a functional airport. 2) Develop efficient and effective public services with improved police and social services leading to a more stable community; modify some governmental constraints to encourage acceptable growth and development. 3) Develop a theme or image for the City's waterfront area while making it usable, clean and navigable; create adequate parks and open space for recreation. 4) Enhance the existing family oriented tourist industry; stimulate tourist trade and create additional tourist facilities; the convention industry should be expanded. 5) Improve municipal aesthetics throughout the City. 6) Redevelop the downtown area and consider expanding the redevelopment district (e.g. into the North Greenwood area). 7) Maintain reasonable taxes; study the creation of alternative taxes, fees or other City revenue sources; encourage annexation. 8) Create business employment centers and encourage a retail area other than on U.S. 19. 9) Encourage the maintenance and development of affordable housing for the elderly. 10) Expand cultural facilities and encourage a higher education facility to be located within upper Pinellas County 11) Respect the integrity of City neighborhoods. Mr. Johnson stated they have also presented recommendations on actions to take to meet these goals, some of which may be controversial. He requested the Commission adopt the mission statement and goals and that the City Manager provide quarterly progress reports. It was the consensus of the Commission to make discussion of the Task Force recommendations part of the goal setting process. Anne Garris, a member of the Task Force, presented a minority report regarding one of the recommendations to meet goal #1. The recommendation is to establish an east/west limited access connection between U.S. 19 and downtown. She stated the minority was not in favor of this and requested the Commission consider this position. VIII - City Lobbyist Jim Massie Report on Legislative Package Jim Massie, the City's lobbyist, distributed his 1989 Florida Legislative Report. He stated there will be a special session next week and probably a major special session in October. Action on issues that were of particular interest to the City are as follows: The State Mandate bill passed in a different form than what was recommended and calls for a referendum in 1990. Funding of the Clearwater Pass Bridge in the amount of $15.2 million has been included in the five year plan and there was $1.5 million allocated for beach renourishment. There were no specific programs for the protection of runaways, and that mandatory blood withdrawal was approved for convicted felons. No legislation regarding fraud in certain businesses was adopted and there were no appropriations for the library for the blind. None of the technical amendments to the Growth Management bill were passed, nor was there legislation regarding the coastal zones or concurrency. The bill regarding utility bill collection passed. A question was raised regarding the funding for the beach renourishment project, and Mr. Massie indicated the bill only states for Sand Key, and is no more defined than that. He stated the Growth Management bill did not pass but it will come back to the Legislature at a later time. Nothing was done about the cash flow and other issues in the transportation plan and that will probably be a subject of the October special session. The Billboard bill did not pass, however, it will probably come back at a later time. The Group Home bill, which mandates homes in single family areas, passed. Legislation regarding Code Enforcement was revamped providing more flexibility and greater powers to code enforcement boards. The Election Laws were revamped and age limitations for operation of personal watercraft was enacted. The issue regarding assault weapons has been sent to a study committee, and a cooling off period for the purchase of handguns is to be on the 1990 ballot. The City Attorney thanked Mr. Massie for his assistance during the Legislative session, and Mr. Massie indicated the correspondence of the Commission to Legislators assisted him. IX - Public Hearings Item #9 - Public Hearing and First Reading Ordinances 4809-89, 4810-89 and 4811-89 -Petition for Annexation, RM-12 (Multi Family Residential) Zoning and a Land Use Amendment to Medium Density Residential for property (0.5 acres) located at the SE corner of the intersection of Evergreen Ave. and Union St.; Lots 1, 2, 9 and 10, Blk. E, Brooklawn Sub. (Pearce) LUP 89-5 (PL&D) The property is proposed to be developed with a small apartment building. Per the Public Works Department, an additional 10 foot right of way for Union Street and a 10 foot drainage and utility easement will be required upon development of the property. City sewer will have to be extended to the property and water and natural gas are available. Commissioner Regulski moved to approve the annexation, RM-12 zoning and land use plan amendment to Medium Density Residential on the subject property including the abutting right of way for Evergreen Ave. and the S 1/2 of Union St. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4809-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4809-89 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 4810-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4810-89 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 4811-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4811-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #10 - Public Hearing and First Reading Ordinances 4817-89, 4818-89 and 4819-89 - Petition for Annexation , P/SP (Public Semi Public) Zoning and a Land Use Plan Amendment to Public/Semi-Public for property located on the E side of Belcher Rd. Across from Clearwater Industrial Park; M&B 22.012, Sec. 7-29-16. (Salvation Army) A 89-10, LUP 89-6 (PL&D) The property is proposed to be developed with a Salvation Army facility consisting of offices, a chapel and classrooms. The property owner was granted a special exception in Pinellas County to put a church use in an AE zoning district. If approved by the City, the land use plan amendment will require State review. Permits for construction of the facility will be issued by Pinellas County. Water, sewer and natural gas are available to the property. In response to a question, Harlan Merhige, representing the Salvation Army, stated there would be no housing on the property. Commissioner Nunamaker moved to approve the annexation, P/SP zoning and land use plan amendment to Public Semi Public on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4817-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4817-89 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 4818-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4818-89 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 4819-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4819-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #11 - (Contd. from 6/1/89) Public Hearing and First Reading Ordinance 4807-89 and 4808-89 - Petition for Annexation and IL Zoning for property (1.6 acres) located at 1151 Kapp Drive, approx. 600 ft. N of Palmetto St.; M&B 13.11, Sec. 12-29-15 (NUS Corp.) A 89-7 (PL&D) The property is developed with an industrial use. The property owner wishes to hook up to city sewer service which is available to the property. Water is also available. Upon expiration of the applicant's contract with a private hauler, city refuse collection will be provided and a city dumpster will be placed on the property at a location to be approved by the Sanitation Superintendent. Commissioner Regulski moved to approve the annexation and IL zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4807-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4807-89 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 4808-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4808-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #12 - (Contd. from 6/1/89) Public Hearing and First Reading Ordinances 4813-89 and 4814-89 - Petition for Annexation and IL Zoning for property (12.71 acres) located on the W side of Hercules Ave. immediately N of the S.C.L. Railroad; M&Bs 34.27 and 34.25, Sec. 1-29-15, M&B 21.01 Sec. 12-29-15 (Clearwater Concrete Industries, Inc.) A 89-9 (PL&D) The requested IL zoning has a special stipulation regarding heavy industrial uses. The only industrial zoning category in the Land Development Code is a Limited Industrial District which does not permit heavy industrial uses. The applicant requests consideration of an appropriate method of allowing the existing heavy industrial uses and expanded and/or new heavy industrial uses. The property is developed with six buildings being used as a concrete plant and offices for the plant use. Upon annexation, the existing use would become non-conforming and could continue but could not be expanded or put back if destroyed. The Planning and Zoning Board recommended approval of the annexation and IL zoning with a further recommendation there be no amendments to the Land Development Code which would allow new heavy industrial uses on the subject property or elsewhere in the City of Clearwater. This item was continued from the June 1, 1989 meeting to permit revision of the legal description to delete M&B 34.26 which was sold to an adjacent property owner. The Planning and Development Director indicated the use on the property was a concrete plant, but that operation is currently inactive. The applicant is proposing to develop an asphalt plant on the property. In speaking with the City Attorney regarding this request, he stated there are two alternatives that would allow the heavy industrial use on the property. One is to create a new zoning district and the other is to allow this operation as a conditional use in the IL zone. Concerns were expressed if the City does not annex the property, they can develop the heavy industrial use under the current zoning it has in the County. A desire was expressed to amend the Code in some manner to accommodate the request, but with strict parameters included. The general feeling of the Commission was to amend the Code to allow this as a conditional use in an IL zone. It was stated the second reading of the ordinances would need to be delayed until the Code is amended to accommodate this request. Commissioner Regulski moved to approve the requested annexation and IL zoning on the subject property on the basis of showing an intent to accommodate the request. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend the legal description for Tract A in Ordinance 4813-89 to exclude the small area projecting to the north, towards Calumet St., which is known as "Metes and Bounds 34.26." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4813-89 for first reading, as amended. Commissioner Winner moved to pass Ordinance 4813-89, as amended, on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Commissioner Regulski moved to amend the legal description for Tract A in Ordinance 4814-89 to exclude the small area projecting to the north, towards Calumet St., which is known as "Metes and Bounds 34.26." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4814-89 for first reading, as amended. Commissioner Winner moved to pass Ordinance 4814-89, 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 #13 - Public Hearing and First Reading Ordinance 4820-89 - Zoning Atlas Amendment from Commercial Center (CC) to General Commercial (CG) for property (0.52 acres) located at the NW corner of the intersection of Belcher Rd. and Nursery Rd.; M&B 41.05, Sec. 24-29-15. (Mobil Oil Corp.) Z 89-7 (PL&D) This parcel was originally zoned CG but was amended to CC in conjunction with the adoption of the Land Development Code in August 1985. The property is developed as a vehicle service station and is under different ownership than the adjacent Imperial Square Shopping Center. The request is being made to permit an addition to the service station, which would not be possible under the setback requirements of the existing CC zoning. The Planning and Development Director stated it is his understanding the addition of a car wash is planned. Questions were raised regarding the long range plans for Belcher Road and it was stated the 2010 plan calls for it to be six lanes. Angela Adams, attorney representing the Mobil Oil Co., stated plans for the car wash have been deleted. She stated the shopping center was developed around the service station and it was an oversight that included the service station site in the rezoning to CC for the shopping center. Commissioner Regulski moved to approve the requested zoning amendment from Commercial Center to General Commercial. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4820-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4820-89 on first reading. 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 #14 - Ordinance 4614-88 - Annexation of property located at the E of terminus of Soule Rd. and N of Union St., consisting of part of the property shown on plat of Elysium Phase I Subdivision (Multiple/City of Clearwater) A 88-2 (CA) The City Attorney presented Ordinance 4614-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4614-88 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 #15 - Ordinance 4615-88 - Zoning Atlas Amendment as Single Family Residential (RS-6) for property annexed in Ord. 4614-88 (Multiple/City of Clearwater) A 88-2 (CA) The City Attorney presented Ordinance 4615-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4615-88 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 #16 - Ordinance 4676-88 - Land Use Plan Amendment from Public/Semi-Public to Recreation/Open Space for property located on the E side of McMullen Booth Road, approx. 3,000 feet N of S.R. 580; part of M&B 31.00, Sec. 21-28-16 (City of Clearwater) LUP 88-17 (CA) The City Attorney presented Ordinance 4676-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4676-88 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 4677-88 - Zoning Atlas Amendment from Public/Semi-Public to Open Space/Recreation for property as described in Ord. 4676-88. (City of Clearwater) Z 88-18 (CA) The City Attorney presented Ordinance 4677-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4677-88 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 #18 - Ordinance 4701-88 - Annexation of property located on the S side of Drew St., approx. 825 ft. E of Belcher Rd.; M&B 22.02 and Lot 1, Blk A, Eastwood Terrace, Sec. 18-29-16 (First Christian Church) A 88-31 (CA) The City Attorney presented Ordinance 4701-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4701-88 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 #19 - Ordinance 4702-88 - Land Use Plan Amendment from Residential Office and Low Density Residential to Public/Semi-Public for Parcels 1 and 2 respectively for property annexed in Ord. 4701-88 (First Christian Church) LUP 88-21 (CA) Commissioner Regulski moved to amend Ordinance 4702-88 in Section 3, 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 4702-88 for second reading, as amended. Commissioner Winner moved to pass and adopt Ordinance 4702-88, 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 #20 - Ordinance 4703-88 - Zoning Atlas Amendment as Public/Semi-Public for property annexed in Ord. 4701-88 (First Christian Church) A 88-31 (CA) Commissioner Winner moved to amend Ordinance 4703-88 in Section 4, add "subject to the approval of the land use designation set forth in Ordinance 4702-88 by the Pinellas County Board of County Commissioners. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4703-88 for second reading, as amended. Commissioner Regulski moved to pass and adopt Ordinance 4703-88, 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 #21 - Ordinance 4754-88 - Land Use Plan Amendment from Medium Density Residential to Industrial for property located on the W side of Old Coachman Rd., 2,400 feet N of Drew St. and W of Carpenter Field; M&B 42.01, Sec. 7-29-16 (Daly) LUP 88-29 (CA) The City Attorney presented Ordinance 4754-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4754-88 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 4755-88 - Zoning Atlas Amendment from Multiple Family Residential (RM-12) to Limited Industrial (IL) for property described in Ord. 4754-88 (Daly) Z 88-25 (CA) The City Attorney presented Ordinance 4755-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4755-88 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 #23 - Ordinance 4756-88 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist Facilities for property located at the NE corner of the intersection of Bypass Dr. and Druid Rd.; part M&B 41.12, Sec. 18-29-16 (Sorota) LUP 88-30 (CA) Commissioner Winner moved to amend Ordinance 4756-88 in Section 3, 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 4756-88 for second reading, as amended. Commissioner Winner moved to pass and adopt Ordinance 4756-88, 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 #24 - Ordinance 4757-88 - Zoning Atlas Amendment from General Office (OG) to Highway Commercial (CH) for property described in Ord. 4756-88 (Sorota) Z 88-26. (CA) Commissioner Winner moved to amend Ordinance 4757-88 in Section 4, add "subject to the approval of the land use designation set forth in Ordinance 4756-88 by the Pinellas County Board of County Commissioner. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4757-88 for second reading, as amended. Commissioner Winner moved to pass and adopt Ordinance 4757-88, 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 #25 - Ordinance 4758-88 - Zoning Atlas Amendment from Commercial Center (CC) to Highway Commercial (CH) for property located at the SW corner of the intersection of U.S. Highway 19 and Gulf-to-Bay Blvd.; M&Bs 41.01 & 41.03, Sec. 18-29-16 (Angel Properties) Z 88-27 (CA) The City Attorney presented Ordinance 4758-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4758-88 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 #26 - Ordinance 4759-88 - Land Use Plan Amendment from Low Density Residential to Medium Density Residential for property located on the N side of Drew St. immediately E of Eisenhower Elementary School; M&Bs 43.01 & 44.01, Sec. 8-29-16 (Brown, Kennedy & Roberts) LUP 88-31 (CA) Commissioner Regulski moved to amend Ordinance 4759-88 in Section 3, add "and the approval of the land use category by the Pinellas County Board of County Commissioners. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4759-88 for second reading, as amended. Commissioner Regulski moved to pass and adopt Ordinance 4759-88, 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 4760-88 - Zoning Atlas Amendment as Multiple Family Residential (RM-16) for property annexed in Ord. 4761-88 (Brown, Kennedy & Roberts) A 88-39 (CA) Commissioner Winner moved to amend Ordinance 4760-88 in Section 4, strike the period and add "and the approval of the land use category set forth in Ordinance 4759-88 by the Pinellas County Board of County Commissioners. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4760-88 for second reading, as amended. Commissioner Winner moved to pass and adopt Ordinance 4760-88, 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 #28 - Ordinance 4761-88 - Annexation of property located on the N side of Drew St., immediately E of Eisenhower Elementary School; M&Bs 43.01 and 44.01, Sec. 8-29-16 (Brown, Kennedy & Roberts) A 88-39 (CA) The City Attorney presented Ordinance 4761-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4761-88 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 #29 - Ordinance 4805-89 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4806-89 (Collins) A 89-6 (CA) The City Attorney presented Ordinance 4805-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4805-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #30 - Ordinance 4806-89 - Annexation of property located on the E side of East Dr., approx 375 ft. S of Sunset Pt. Rd.; consisting of Lot 5, Blk.A, Clearwater Highlands, Unit A (Collins) A 89-6 (CA) The City Attorney presented Ordinance 4806-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4806-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #31 - Ordinance 4812-89 - Zoning Atlas Amendment from Open Space/Recreation (OS/R) and Public/Semi-Public to Aquatic Land/Interior (AL/I) for property located between McMullen-Booth Rd. and Landmark Dr., N of Countryside High School; part of M&Bs 32.00 and 41.01, Secs. 20 & 21-28-16 (City of Clearwater) Z 89-6 (CA) The City Attorney presented Ordinance 4812-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4812-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #32 - Ordinance 4815-89 - Relating to Land Development Code, amending Sec. 134.008(2), relating to political signs LDCA 89-6 (CA) Commissioner Regulski moved to amend Ordinance 4815-89 as follows: on page 2, Paragraph e, at the end of the first sentence insert "except that political signs may be temporarily displayed on the premises of and during a candidates' forum or campaign speech made by or on behalf of a candidate or political issue." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend Ordinance 4815-89 as follows: amend Paragraph f to read "The owner of privately-owned or publicly-owned property used as a polling place in any election may prohibit or regulate the posting or other display of political signs on the property on election day while the polls are open if such prohibition or regulation applies uniformly to all political signs without discrimination for or against any candidate or any side of a political issue." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4815-89 for second reading, as amended. Commissioner Regulski moved to pass and adopt Ordinance 4815-89, 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 #33 - Ordinance 4816-89 - Vacation of right-of-way easement located on the E side of Lots 1 and 2, Sever Park Subdivision (89-3) (CA) The City Attorney presented Ordinance 4816-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4816-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #34 - Ordinance 4821-89 - Redefining boundaries of City to exclude property located on the N side of Drew St., immediately E of Eisenhower Elementary School; M&Bs 43.01 and 44.01, Sec. 8-29-16; upon finding that the property does not meet the criteria of Sec. 171.043, F.S., for failure to approve the proposed amendment to the Countywide Land Use Plan upon which annexation was predicated. (CA) The City Attorney presented Ordinance 4821-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4821-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #35 - Ordinance 4822-89 - Amending Operating Budget for fiscal year ending 9-30-89, to reflect increases and decreases in revenues and expenditures for the general, utility, bridge, marina, parking, Pier 60, Airpark, central services, garage, special development and special program funds. (CA) The City Attorney presented Ordinance 4822-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4822-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #36 - Ordinance 4823-89 - Amending Capital Improvement Program Budget for fiscal year ending 9-30-89 to reflect expenditure increase of $585,262 to expand the scope of projects in functional categories of police protection, new street construction, parkland acquisition, park development, city hall annex, miscellaneous - general buildings, sanitation and utilities - miscellaneous; and to reflect a decrease of expenditures of $163,664 in building maintenance and gas system; for net increase of $421,598. (CA) The City Attorney presented Ordinance 4823-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4823-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #37 - Ordinance 4824-89 - Annexation of property located approx. 800 ft. S of Enterprise Rd., adjacent on E to proposed extension of Landmark Dr.; M&B 22.01, Sec. 33-28-16 (CA) The City Attorney presented Ordinance 4824-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4824-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #38 - Ordinance 4825-89 - Redefining boundaries of City to exclude property approx. 800 ft. s of Enterprise Rd., adjacent to proposed extension of Landmark Dr.; M&B 22.011, Sec. 33-28-16; upon finding that the property does not meet the criteria of Sec. 171.043, F.S., for failure to approve the proposed amendment to the Countywide Land Use Plan upon which annexation was predicated. (CA) The City Attorney presented Ordinance 4825-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4825-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #39 - Ordinance 4826-89 - Relating to Land Development Code, amending Sec. 136.024(d) relating to separation requirements for alcoholic beverage sales to establish a minimum distance of 200 ft. between alcoholic beverage establishments licensed by the State of Florida for "package" sales (off-premises consumption) LDCA 89-7 (CA) The City Attorney presented Ordinance 4826-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4826-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - Consent Agenda - Approved as submitted. Bids & Contracts - Approved. Item #40 - Award annual contract for Pager Rental to Pac-Tel Paging, St. Petersburg, for $4,355. (AS). Item #41 - Extension of Janitorial Contract from May 1 through July 30, 1989 with Chemco Industries, Inc., UPARC, and Tri-Angle Maintenance for $42,993.00 (GS) Item #42 - Award contract for one (1) replacement Asphalt Pot Hole Patcher Truck to H.D. Industries, Inc., Jacksonville, Texas, for $53,050. (GS) Item #43 - Award annual contract for Tire Services and New and Recap Tires to Don Olson Firestone, Clearwater, for $252,431.00. (GS) Item #44 - Award contract for Paint, Bonding Materials, and Solvents for Water Tanks to Porter Paint Co., Clearwater, for $19,602.20. (GS) Item #45 - Award contract for Coachman Ridge Park - Phase I Development (Basketball court and parking lot) (88-41) to Kloote Construction and Engineering Corp., Oldsmar, for $58,568.64 (PW) Item #46 - Award contract for Project to Abandon and Plug Exploratory Wells at the East Pollution Control Facility to CenTech Utility Corporation, Tampa, for $76,521 (PW) Item #47 - Award a Five (5) year contract for Hydrogen Sulfide Control Systems to Peroxidation Systems Inc., Tucson, AZ, for $306,340. (PW) Change Orders - Approved. Item #48 - Approve Change Order No. 1 & Final to the 1988 Subdrain Contract + $17,037.95 for a new total of $155,787.95 (PW) Citizen & Staff Requests - Approved. Item #49 - Authorization to submit a formal request for documentation re Florida Power Franchise Agreement with regard to Section 3, franchise tax payments (CM) Plans & Plats - Item 50 tabled; Items 51 & 52 approved. Item #50 - Preliminary Site Plan for Morritt Square (2.20 acres) located on the E side of Ft. Harrison Ave. and on the S side of Pinellas St. exclusive of the corner, part of Pom's Park Subdivision together with vacated portions of Hamlet Ave. and Tuskawilla St.; Lots 3-11, J.B. Roberts Subdivision, and part of Lot 1, Gulf View Sub., Sec. 21-29-15 (Morritt) PSP 89-14 (PL&D) (Tabled) Item #51 - Preliminary Site Plan for Clearwater Tower (1.49 acres) located at the SE corner of Garden Ave. and Hendricks St.; M&Bs 11.04, 11.021, part of M&B 11.03, Lots 1-8, Gould and Ewing's 1st and 2nd Addition of Clearwater Harbor Block 8, Sec. 16-29-15 and portions of city owned property and vacated ROW as per Ord. 4804-89 (MAS One Ltd.) PSP 89-13 (PL&D) - Authorize review of final site plan with final action by the City Commission subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) curbing and pavement of existing driveways to be deleted shall be removed and landscaping, sidewalks and curbing parallel along the streets shall be installed in accordance with City standards to be indicated on the final site plan*; 3) the site plan must be revised to provide the required 50 ft. ROW for Laura St.*; 4) the preliminary plat required for all properties involved in this proposed land division shall be submitted for City Commission review prior to submittal of the final site plan* (Note: The preliminary plat will then be reviewed in concert with the final site plan by D.R.C.) and 5) the refuse collection facilities shall be designed as required by the Utilities Department prior to submittal of the final site plan* (*to be completed prior to D.R.C. review). Item #52 - Approval of revalidation of the Final Master CPD Site Plan for Beckett Lake Plaza (12.2 acres) located at the NE corner of the intersection of Belcher Rd. and Sunset Pt. Rd.; M&B 23.03, Sec. 6-29-16 (Webb's Nursery, Inc.) PSP 86-5 (PL&D) subject to the conditions as carried forward from the site plan certified on June 22, 1988, with #4 amended and adding #5 as follows: 4) the requisite initial building permit for Phase 3 must be procured by March 10, 1990 and all certificates of occupancy must be obtained prior to March 10, 1993 and 5) revalidation has no effect on any impact fee requirements now in force or subsequently enacted. Receipt & Referral - Received and referred to proper departments. Item #53 - Amendment to the Land Development Code pertaining to Remote Switching Stations as a Permitted Use in Commercial Zoning Districts, LDCA 89-08 (PL&D) City Attorney Agreements, Deeds & Easements - Accepted. Item #54 - Agreement with Sheriff's Office re Deputy Sheriff Cards. (CA) Item #55 - Drainage and Utility easement - Lots 5 and 6 and N 1/2 of Lot 7, Brookwood Terrace (Parker). (CA) Item #56 - Drainage and Utility easement - Lot 11, Pinebrook Unit Two, Section "E" (Dimas) (CA) Item #57 - Easement for water and natural gas main installation and maintenance -Radisson Bayside Hotel, Sec. 20-29-15 (Petrarca) (CA) Commissioner Regulski 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 #58 - Contract for East Advanced Pollution Control Facility Project (CL 87072-2) (PW). This project consists of the conversion of the existing 5 million gallon per day (MGD) secondary wastewater treatment plant to a five-stage Bardenpho Process. This process removes both phosphorus and nitrogen, as well as BOD and suspended solids, to the levels required by the Grizzle-Figg Legislation, without dependence on chemical additives which most other AWT processes required. Several alternative AWT processes were considered for the upgrading of the East PCF, and on the basis of economics and reliability, the Bardenpho Process was found to be the most cost effective. The project work involves modifications, demolition and replacement of existing tanks and equipment, construction of new fermentation, anoxic and oxidation tanks and appurtenant equipment; construction of a new control building, filtration complex, influent pump station and headworks, new clarifiers, and odor control and disinfection systems. Because of the limited space available on the site, construction will involve rebuilding approximately 80% of the existing facility. Bids were received from five contractors ranging in price from $13,880,000 to $15,180,000. The Engineer's estimate was $14,200,000 and feels the low bidder, Danis Shook Construction Company of Orlando, Florida is the most responsive and responsible bidder. The Public Works Director reviewed a model of the plant, and stated the proposed fencing and screening will require a variance. He stated the proposed 49th Street bridge will land adjacent to the plant. This is the third and last of the advanced wastewater treatment plants and will complete the $44.6 million project to upgrade the City's treatment facilities. Concerns were raised regarding crowding the property, and whether or not steps had been taken to protect the facility from flooding. The Public Works Director indicated these items have been taken into account in the design of the facility. In response to a question regarding when the Bardenpho process would be on line, the Public Works Director indicated all three plants will be operational in October, 1990. Commissioner Regulski moved to award the East Advanced Pollution Control Facility Project to Danis Shook Construction Company in the amount of $13,880,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #59 - New Engineer of Record, RFP 89-07 (PW) In March, 1989, the City advertised for expressions of interest from the Bay Area engineering community and described its needs in Request for Proposal (RFP) 89-07. Eighteen consulting firms responded with submittals and were "short listed" by the Consultant Selection Committee. The firms selected were: Camp, Dresser and McKee, Clearwater; Dyer, Riddle, Mills and Precourt, Tampa; HDR Engineering, Inc, Tampa; and King Engineering, Inc., Clearwater. The Engineer of Record will perform all water and sewer work, including rate studies, reports, facility design, etc. Other needs which might arise, e.g., highway design, structural advice, and drainage studies, may be assigned to other engineering firms as deemed appropriate. All water and sewer work currently underway by Briley, Wild and Associates will be completed by them and a transition period will necessarily take place. The first assignment for the new consultant will most likely be the preparation of a stormwater master plan, including the feasibility of a stormwater utility fee structure. The considerations which comprised the selection committee's basis for rating those engineering firms considered were as follows: 1. Location - Accessibility 2. Reputation - References 3. Resources in their nearest office to serve Clearwater 4. Expertise in water and sewer 5. Expertise in other municipal engineering disciplines; i.e. drainage, highway, structural, etc. 6. Expertise in obtaining project permits and grants 7. Current workload - availability for Clearwater work 8. Desire to serve Clearwater Of the five committee members, all ranked Camp, Dresser and McKee and HDR Engineering, Inc. first and second. Personal contact was made with more than one reference for each of the firms. The staff committee gathered valuable information from credible former clients as to the candidate firms completion of projects on time, sufficiency of plans and specifications, extent of change orders encountered in projects, willingness to address problems, expertise in project management, owner's satisfaction, etc. Upon consideration of each of these factors, Camp, Dresser and McKee was ranked highest by all members of the selection committee. Discussion ensued regarding the ranking of the four companies. Concerns were expressed that a local company such as King Engineering, would be better able to serve the City's needs as there was not the need for a large company to do the City's future water and sewer work. A concern was also expressed regarding possible conflict of interest in that it appeared Camp, Dresser and McKee had been dealing with the West Florida Water Regional Supply Authority and had worked with the County regarding their water supply. An opposing view was expressed stating Camp, Dresser and McKee was imminently qualified, and that while King Engineering is a good firm, it had not had the experience in the area of water and sewer that Camp, Dresser and McKee has had. The Public Works Director indicated there was a difference between the four in that Camp, Dresser and McKee was chosen No. 1 because of its track record in the kinds of projects in which the City is most interested. In response to a concern that the City would not be doing major projects in the near future, he indicated the City will be continuing to have to deal with regulatory requirements and the need to develop treatment for stormwater is imminent. He stated Camp, Dresser and McKee has done projects in those areas. Louis Catora, Vice President of Camp, Dresser and McKee, stated they do not work for Pinellas County and they have done work for the West Coast Water Management Supply Authority with which Clearwater does not work. In response to a question regarding splitting the water and sewer contracts, the Public Works Director indicated the City would not want to do this. In response to a question, it was indicated the City's current engineer of record, Briley Wild and Associates, was not deliberately left off the list; however, when they were compared to the other companies submitting RFPs, they did not make the ranking. Commissioner Regulski moved to approve the ranking recommended by the selection committee and authorize negotiations with the firms in the order of their ranking. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Winner and Fitzgerald voted "aye." Commissioner Nunamaker and Mayor Garvey voted "nay." Motion carried. Item #60 - Resolution 89-34 - Support for Downtown Business Crime Watch; directing the Police Department to provide the necessary coordination for its operation; providing for copies of the resolution to the Board of County Commissioners of Pinellas County, Clearwater Chamber of Commerce and Downtown Business Association. (CM) The Clearwater Chamber of Commerce and Downtown Business Association, in partnership with the Police Department, have been working to bring about a Downtown Business Crime Watch program to enhance the crime prevention programs currently being provided. An organizational kick-off meeting was held June 6, 1989. The adoption of Resolution 89-34 will document the City Commission's endorsement of the program, recognizing the benefits of volunteerism and quality support for unified crime control and prevention. Commissioner Nunamaker moved to pass and adopt Resolution 89-34 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. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances Item #61 - First Reading Ordinance 4838-89 - Vacating a portion of the right-of-way of First Avenue lying W of Lots 1, 2, 3 and 4, Blk 3, Lake Belleview Addn., Sec. 21-29-15 (Mallory) V 89-05 (CA) The City Attorney presented Ordinance 4838-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4838-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Resolutions Item #62 - Resolution 89-33 - Assessing the owners of property the costs of having mowed or cleared the owner's lot. (CA) Commissioner Winner moved to pass and adopt Resolution 89-33 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 #63 - Resolution 89-39 - Requesting approval of the establishment of "MINIMUM WAKE" zones in the Intercoastal Waterway in the City. Concerns were expressed that idle speed and no wake are not being proposed in the resolution, and it was indicated the State does not recognize those terms within the intercoastal waterway. Concerns were also expressed that minimal wake would be difficult to enforce. It was indicated the County's request is for the establishment of a minimum wake zone. It was suggested that there possibly be another resolution dealing with speed limits. Commissioner Winner moved to pass and adopt Resolution 89-39 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. XIV - Other City Attorney Items The City Attorney reported that the City's Noise Ordinance has been reinstated by the Court. XV - Verbal Reports The City Manager reported that Florida League of Cities is requesting early registration for its conference to be held in Jacksonville, October 12-14, 1989. He distributed a list of possible goals to be discussed by the City Commission at its goal setting meeting scheduled for 1:00 p.m., June 21, 1989 at the Clearwater East Library. XVI - Other Commission Action Commissioner Nunamaker reported that while it has been determined that open alcoholic beverages containers are not prohibited on boats on the waterways, people on boats should continue to use good judgement in their consumption of alcohol while on boats. Commissioner Winner requested enforcement of the noise ordinance as well as open container laws. Commissioner Fitzgerald clarified that his service on the Clearwater Long Range Economic Development Plan Task Force was accomplished prior to his being on the City Commission. Mayor Garvey questioned the status of the interlocal agreement with Pinellas County regarding planning areas. XVII - Adjournment The meeting adjourned at 9:25 p.m.