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07/20/1989 CITY COMMISSION MEETING July 20, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, July 20, 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. The invocation was offered by Rev. Alphonso Delaney, Mt. Zion 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. July 1989 Employee of the Month - Lester Rent, Wastewater Treatment Operator, Water Pollution Control. IV - Minutes of the Regular Meeting July 6, 1989. Commissioner Winner moved to approve the minutes of the regular meeting of July 6, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. V - Presentations. Annual Appreciation Award presented by Parks & Recreation to the Clearwater Times for their support of leisure opportunities. VI - Citizens to be heard re items not on the Agenda. Nine citizens spoke in regard to the problems of prostitution and drugs along N. Fort Harrison and requested reconsideration of a loitering for prostitution ordinance and additional police assistance in this area. Nat Swan expressed concern regarding accumulation of junk and debris at 1871 McKinley Street and complained that according to staff this property is not considered to be in violation of Sec. 95 of the City code. He requested review of the section of the code. Lois Cormier complimented the Police Department for their work in the S. Clearwater area and cited the shortage in manpower as a possible reason for not providing adequate police coverage for both north and south Clearwater. She requested additional police officers. VII - Public Hearings Item #9 - Issuance and Sale by City of not exceeding $2,500,000 Center Foundation Project Revenue Bonds Series 1989 (TEFRA HEARING). A. Res. 89-40 - Awarding Center Foundation Project Revenue Bonds, Series 1989, in the principal amount set forth in the bond purchase agreement, for the purpose of financing the acquisition, construction and equipping of facilities for the conduct and operation of public recreational, health, and educational programs and maintenance of property as public parks, all to be located within the City of Clearwater, Florida; approving the forms of trust indenture and loan agreement, mortgage and security agreement approving the form of bond purchase agreement in connection with the issuance of the bonds; approving use of preliminary and final official statements for the bonds; designating the trustee, registrar and paying agent for the bonds; authorizing other action. Commissioner Winner moved to continue the TEFRA hearing and Resolution 89-40 to a date uncertain. The motion was duly seconded and carried unanimously. Item #10 - Public Hearing and First Reading Ordinance 4850-89 - Vacating 7 ft. drainage easement across Bidwell's Oakwood Addition Subdivision, southern portion of Lot 7 (City) (V 89-4) (PW) In 1983, the City proposed to construct a concrete swale in this easement to relieve a stormwater runoff problem draining from Ft. Harrison Avenue onto private property. The design was changed, relocating the swale to another location, which eliminated the need for the subject easement. This request has been reviewed by the various City departments/divisions and there are no objections. Joseph Beno, property owner, thanked staff for their efforts in vacating this easement and requested approval. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4850-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4850-89 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 4839-89 and 4840-89 - Petition for Annexation and RS-8 Zoning for property (0.25 acres) located at 1231 Kapok Circle, Kapok Forest Subdivision, Lot 12 and north 25 ft. of Lot 11 (Williams) A 89-12 (PL&D) This property is the subject of a 1969 Agreement to Annex, is now contiguous to the City limits and eligible for annexation. There is an existing residence on the property. Commissioner Regulski 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 4839-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4839-89 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 4840-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4840-89 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 4841-89 and 4842-89 - Petition for Annexation and RS-2 Zoning for property (1.42 acres) located at 2677 and 2693 Third Ave. N., Chautauqua Unit 1 Subdivision, Blk 44, Lots 8 - 19, east 1/2 of Lots 7 and 20, (Koppe & Rugullies) A 89-13 (PL&D) This property is the subject of a 1985 Agreement to Annex, is now contiguous to the City limits and eligible for annexation. The property consists of two parcels developed with a single family residence on each parcel. Commissioner Nunamaker moved to approve the annexation and RS-2 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4841-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4841-89 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 4842-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4842-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #13 - (Continued from 7/6/89) Public Hearing and First Reading Ordinances 4835-89 and 4836-89 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for property (1.42 acres) located at the SW corner of the intersection of Sunset Pt. Rd. and Hercules Ave., Pinellas Groves Subdivision Sec. 1-29-15, portion of Lot 1. (Florida National Bank) LUP 89-7, Z 89-8 (PL&D) The rezoning is requested to permit the development of a gas station, convenience store, and automatic car wash. If approved, it is expected that the applicant will seek conditional use approval for the sale of alcoholic beverages at the convenience store which will require a separation variance. The subject property was originally developed as a bank but has been vacant for some time. Staff recommends denial of the request as it would result in a new CG district of less than the 4 acres intended by the Land Development Code and would not be consistent with the City Commission's policy to limit development on Sunset Point Road. Patricia Muscarella, attorney representing the applicant, stated the current proposal presented at this meeting has not been reviewed by staff or the Planning & Zoning Board. The proposal calls for CG zoning on the property with the development being controlled by a development agreement. She stated this would essentially limit the development to that consistent with CN zoning but would allow six (6) gas pumps as opposed to the three (3) pumps allowed in CN. She indicated that the traffic impact would be less with this development. In an opinion letter from Daniel Kane & Associates, it states that a commercial zoning for this development is consistent with surrounding areas. Three individuals representing firms engaged by Florida National Bank to market and study developmental impacts on the property indicated that no office developers expressed interest in the property and requested a zoning designation consistent with the nodal pattern at these type locations. It was also indicated that the daily trip ends generated would be less with the proposed development. Ms. Muscarella indicated that the applicant is proposing a development agreement which would ensure a less intensive development. She also indicated that the proposed landscape plan will allow for more green space than is actually required by code. She stated that under CN zoning the property will be limited to three pumps. Discussion ensued in regard to the number of pumps being requested and whether or not more than three pumps would cause a significant increase in traffic. James Polatty, Planning & Development Director, indicated development agreements are only good for five years and would cause a complexity for City inspectors. Commissioner Winner moved to approve the LUP Amendment and a rezoning to CN (Neighborhood Commercial) on the subject property and to direct the Planning & Development Director to consider amending the Land Development Code regarding CN zoning to increase the number of gas pumps allowed from three to six. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker, Fitzgerald voted "aye". Commissioner Regulski and Mayor Garvey voted "nay." Motion carried. Commissioner Fitzgerald moved to continue Ordinances 4835-89 and 4836-89 to the next meeting (8/3/89). The motion was duly seconded and carried unanimously. Item #14 - Public Hearing and First Reading Ordinances 4843-89 and 4844-89 - Land Use Plan Amendment to Industrial and a Zoning Amendment to IL for property (1.54 acres) located on the S side of Calumet St., W of Belcher Rd., Clearwater Industrial Park, eastern portion of Lot 17. (National Data Products, Inc.) LUP 89-8, Z 89-10 (PL&D) The parcel is presently developed with offices and classrooms previously used by UPARC. The proposed Land Use Plan Amendment could result in the use of an additional 3,350 gallons per day of potable water. An equivalent amount of wastewater treatment will be required. It is expected a reduction of 1,320 vehicle trips per day would result from this change. The request is made to permit this property to be included in the site plan of the parcel to the west also owned by National Data Products, Inc. The present owner proposes no changes to the existing building footprint. A similar land use and zoning request was made for the parcel directly west of the subject property by UPARC prior to its sale to National Data Products, Inc. The Board of County Commissioners approved that request in March 28, 1989, subject to the retention of the preservation area. The approved site plan for both sites includes a 50 foot drainage and utility easement which addresses and protects the County Future Land Use Plan designation of Preservation and conforms to the Pinellas County Master Drainage Plan. Commissioner Regulski moved to approve the Land Use Plan Amendment and Zoning Amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4843-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4843-89 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 4844-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4844-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #15 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Dinker's, 2794 Gulf to Bay Blvd., Sec. 17-29-16 (Dinker's) AB 89-05, CU 89-31 (PL&D) Dinker's is a sandwich shop and lounge located in the Dansk Square Shopping Center that is expanding to include a more food oriented operation. The Planning and Zoning Board on May 2, 1989, approved the conditional use for consumption on premises subject to a parking variance approved by the Development Code Adjustment Board, and a variance to the separation requirement. On June 22, 1989, the Development Code Adjustment Board approved a parking variance for a 1523 square foot expansion. Pat Quinlan, representing Dinker's, indicated that 595 square feet of the expansion would be for public use with the remainder to be used for storage. One citizen spoke in opposition to the request and complained of being kept awake at night by loud noises caused by the patrons. Concern was expressed regarding the children in the neighborhood as there is a school bus stop nearby. Commissioner Nunamaker moved to approve a variance of 8.3 feet to allow a 4-COP licensed facility on the subject property within 291.7 feet of a residential zone and a variance of 108.3 feet to allow the facility within 91.7 feet of a similarly licensed facility. The motion was duly seconded and carried unanimously. Item #16 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for The Ship Wreck Restaurant located at 647 Mandalay Ave., Clearwater Beach, Sec. 5-29-15. (The Ship Wreck) AB 89-08, CU 89-27 (PL&D) The Shipwreck is an existing restaurant with a 2-COP license. The applicant proposes to change their license designation to 4-COP-SRX and increase the floor area by 949 square feet. A conditional use approval for the sale of alcoholic beverages was obtained from the Planning and Zoning Board subject to a parking variance and a variance to the separation requirements. The applicant has provided the required parking spaces and the parking variance is no longer required. In response to a question, Larry Wagner, owner of the property, stated the kitchen is on the east side at the rear of the building and that the expansion is for additional seating only. Commissioner Winner moved to approve the variance of 39.39 feet to allow a 4-COP-SRX licensed facility on the subject property within 210.61 feet of a residential zone and authorize the appropriate officials to execute the same. The motion was duly seconded and carried unanimously. Item #17 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for David's Wholesale Liquors at 1255 Missouri Ave., Hanousek's Subdivision, Lots 11 and 12. (David's Wholesale Liquors) AB 89-07, CU 89-50 (PL&D) The alcoholic beverage package store is proposed within the Searstown shopping center and will be between a grocery store and a discount drug store currently licensed by the state for package sales. There should not be an unreasonable or detrimental concentration of such uses on the property due to the expansive size of the property and the inward orientation of the stores. The Planning & Zoning Board approved a conditional use on July 18, 1989. Commissioner Regulski moved to approve the variance of 200 feet to allow a licensed facility on the subject property within zero feet of a similarly licensed facility and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Item #18 - Review of Variance to the Minimum Separation Distance Requirement for Alcoholic Beverage sales at Pattemore's/Mako's Night Club at 2516 Gulf to Bay Blvd. (Pattemore's) AB 88-22 (PL&D) Pattemore's Night Club proposed a 2,000 square foot addition on the front of the existing building facing Gulf-to-Bay Boulevard and requested approval for alcoholic beverage sale in this expanded area. After Commission denial in November, 1988, the applicant amended his application to provide for an enclosed rather than open deck, which was approved with conditions by the Planning and Zoning Board. On January 19, 1989, the Commission approved the separation variance for a six month trial period subject to monthly Police Department reports to the City Manager. Bill Kimpton, attorney for the applicant, stated the number of incidents have been no greater at Pattemore's than at similar establishments. He indicated that the applicant has complied with all conditions and will continue to do so and to continue the time limitations would be irregular. Four representatives of the Greek Orthodox Church of the Holy Trinity spoke in opposition expressing concerns regarding problems with intoxicated patrons being found on church property, vehicles using the church entrance for exiting and cars jumping curbs to park in the neighborhood. It was indicated that the time limitation condition is the reason for few incidents occurring and it was requested a new time limitation be established. One citizen spoke in support of Mako's indicating the neighbors do not object, that there have been very few incidents in the past sixteen months, that Mako's employees have provided a good security force and have also assisted in picking up trash not only on their property but also on church property. Discussion ensued in regard to the sale of alcoholic beverages and undesirable activities and code violations being a major community concern. Discussion ensued as to whether or not to establish a new time period. It was indicated that the City will continue to monitor and keep public reports of any code violations. It was indicated a strong warning needed to be issued that continued code violations in these establishments could result in revocation of their occupational license. Commissioner Regulski moved to approve the variance of 23 feet to allow a 4-COP-SRX licensed facility on the subject property within 227 feet of a church without time limit with the understanding the City Commission will proceed to enact policy to provide proper surveillance and documentation of code violations throughout the City and authorize the appropriate officials to execute same. The motion was duly seconded. Upon the vote being taken Commissioners Regulski, Winner, Nunamaker, and Fitzgerald voted "aye." Mayor Garvey voted "nay." Motion carried. The meeting recessed from 9:20 P.M. to 9:30 P.M. Public Hearing - Second Reading Ordinances Item #19 - Ordinance 4819-89 - Annexing property on E side of Belcher Rd., approx 150 ft. S of South Lagoon Circle, Section 7-29-16, M&B 22.012 (Salvation Army) A 89-10 (CA) The City Attorney presented Ordinance 4819-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4819-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald, Garvey. "Nays": None. Item #20 - (Continued from 7/6/89) Ordinance 4631-88 - Amending the land use element of comprehensive plan to change land use designation from Low Density Residential to Public/Semi-Public, located 200 feet south of Drew Street and both E and W sides of Nimbus Ave, Skycrest Subdivision Unit 9, Blk J, Lot 1 (Skycrest United Methodist Church) LUP 88-6 (CA) The City Attorney presented Ordinance 4631-88 for second reading and read it by title only. Commissioner Nunamaker moved to approve and adopt Ordinance 4631-89 on second and final reading. Motion was duly seconded. It was suggested this request be discussed in conjunction with the proposed accessory parking amendment to the Land Development Code and be continued until a recommendation has been made. Concerns have been expressed that approving the rezoning will jeopardize the integrity of the residential neighbors. Keith Crawford, representing the Church, indicated two of the lots are being used for parking under a conditional use and the other lot is occupied by a parsonage which is scheduled to be removed. The Church wants to use that lot for parking also but cannot unless the zoning is changed. He also indicated that he has met with residents and they have expressed concern regarding a zoning change and not the parking use. He stated all conditions placed on approval of first reading have been met. Discussion ensued regarding the first reading of the ordinances and the conditions of approval. In response to a question, it was indicated that with a unity of title an owner is stating the property is unified as one building site for one project. It was also indicated, if the use of the site were to be changed, it would come back to the City Commission as an amendment to the site plan. Upon roll call the vote was: "Ayes": Regulski and Garvey. "Nays": Winner, Nunamaker, and Fitzgerald. Motion failed. Item #21 - (Continued from 7/6/89) Ordinance 4632-88 - Rezoning property 200 ft. S of Drew St. on both E and W sides of Nimbus Ave., consisting of Lot 1, Blk. J, Skycrest Subdivision Unit 9, as Public/Semi-Public.(Skycrest United Methodist Church) Z 88-10 (CA) The City Attorney presented Ordinance 4632-88 for second reading and read it by title only. Commissioner Regulski moved to approve and adopt Ordinance 4632-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski and Garvey. "Nays": Winner, Nunamaker, and Fitzgerald. Motion failed. Item #22 - Ordinance 4833-89 - Zoning property annexed in Ordinance 4834-89 as Single-Family Residential (RS-6), Lake Lela Manor, Lot 9 (Clearwater Marine Science Center) A 89-11 (CA) The City Attorney presented Ordinance 4833-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4833-89 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 #23 - Ordinance 4834-89 - Annexing property on S side of Brent Dr. approx 100 ft. E of Keene Rd., Lake Lela Manor, Lot 9 (Clearwater Marine Science Center) A 89-11 (CA) The City Attorney presented Ordinance 4834-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4834-89 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 #24 - Ordinance 4837-89 - Rezoning property on E side of S. Ft. Harrison Ave., approx. 500 ft. S of Woodlawn St. from Resort Commercial "Twenty-Four" (CR-24) to Neighborhood Commercial (CN), Section 21-29-15, M&B 44.11 (Chiavetti Development) Z 89-9 (CA) The City Attorney presented Ordinance 4837-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4837-89 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 #25 - Ordinance 4845-89 - Relating to Downtown Development Board, repealing Ord. 4650-88, which provided for "sunset review" and which repealed Art. IV of Ch. 22; providing that Art. IV of Ch. 22 shall continue in full force and effect for an indefinite period of time as if Ord. 4650-88 had not been adopted. (CA) The City Attorney presented Ordinance 4845-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4845-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. It was noted that a review will be made at the end of one year. Item #26 - Ordinance 4848-89 - Amending Ord. 4801-89 relating to zoning property on E side of McMullen-Booth Rd., approx. 400 ft. S of Drew St. to correct scrivener's error in legal description. (CA) The City Attorney presented Ordinance 4848-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4849-89 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 #27 - Ordinance 4849-89 - Amending Ord. 4802-89 relating to annexing property described in Ord. 4848-89 to correct scrivener's error in legal description. (CA) The City Attorney presented Ordinance 4849-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4849-89 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 VIII - CONSENT AGENDA (Items 28 - 39) - Approved as submitted. Bids & Contracts - Approved. Item #28 - Contract for Janitorial Services to Chemco Industries, Tampa, for $203,403.72. (GS) Item #29 - Annual Contract for Fire Hydrants for the Water Division from U.S. Pipe and Foundry Co., Birmingham, Alabama, for $44,300. (PW) Item #30 - Extend contract for Installation of 5/8", 1" and 2" P.E. (Polyethylene) Gas Service Line with Visk Construction Co., St. Petersburg, from 8/1/89 to 1/31/90, for $76,500. (PW) Item #31 - Extend contract for Installation of 2" P.E. (Polyethylene) Pipe with Visk Construction Co., St. Petersburg, from 8/1/89 to 1/31/90, for $146,075. (PW) Plans & Plats - Approved. Item #32 - Preliminary Subdivision Plat for Dr. Krueger/N.C.N.B. Subdivision, located on the E side of Keystone Dr. between Gulf-to-Bay Blvd. and Rainbow Dr., Section 14-29-15, M&B 13.01, (Dr. Krueger/N.C.N.B) SUB 89-06 (PL&D) - Authorize review of preliminary plat with final action by the Development Review Committee subject to the following conditions: 1) signs and fencing/walls shall be subject to separate review and permitting, and 2) there shall be no more than one access point off each road. The preliminary plat shall be revised accordingly prior to D.R.C. review. Item #33 - Preliminary Subdivision Plat for Clearwater Tower Subdivision (1.88 acres m.o.l.) located at the SE corner of Garden Ave. and Hendricks St., M&B's 11.04, 11.021 a portion of M&B 11.03, Lots 1-8, Gould and Ewing's 1st and 2nd Addition of Clearwater Harbor, Blk 8, Portions of City owned property and vacated ROW as per Ordinance 4804-89, Sec. 16-29-15. (Clearwater Tower) SUB 89-07 (PL&D) - Authorize review of the preliminary plat with final action by the Development Review Committee, subject to the following conditions: 1) signs and fencing/walls shall be subject to separate review and permitting processes; 2) prior to submittal for D.R.C. review, the preliminary plat shall be revised to clearly denote the legal description and lot size for each proposed lot; 3) prior to submittal for D.R.C. review, the 50 foot right-of-way requirement for Laura Street must be reflected on the preliminary plat; and 4) the City will need to sign as co-applicant for the plat, pending transfer of City-owned property. Item #34 - Preliminary Site Plan for Holy Trinity Episcopal Church (2.677 acres) located at 3200 McMullen-Booth Rd. opposite Mease Countryside Hospital in Clearwater, Section 21-28-16, M&B 22.07, 22.08. (Holy Trinity Episcopal Church) PSP 89-17 (PL&D) - Authorize review of final site plan with final action by the Development Review Committee, subject to the following conditions: 1) signs and fencing/walls shall be subject to separate review and permitting; 2) prior to submittal for D.R.C. review, the gross floor area calculations must be revised to reflect the actual square footage of the total gross floor area; 3) all drive aisles for parking areas must be paved and indicated as such on the site plan prior to D.R.C. review; and 4) the number of proposed and required spaces must be given on the final site plan prior to D.R.C. review. Receipt & Referral - Received and referred to proper departments. Item #35 - Petition for Annexation and RS-6 Zoning for property (2.57 acres) located approx. 300 ft. S of the eastern terminus of C.R. 193, Sec. 5-29-16, M&B 41.08. (Hyde) A 89-15 (PL&D) Item #36 - Land Use Plan Amendment to Commercial/Tourist Facilities and Neighborhood Commercial District Zoning for property (0.29 acres) located on the SW corner at the intersection of Metto St. and Vine St., Jurgen's Addition to Clearwater, Blk E, Lots 1-3 (Crawford/Hancock) LUP 89-9, Z 89-11 (PL&D) Citizen and Staff Requests - Approved. Item #37 - Request from Downtown Clearwater Association that the City waive all City charges that may be associated with a Holiday Parade on December 16, 1989. (P&R) CITY ATTORNEY Deeds & Easements - Accepted. Item #38 - Drainage easement over portion of Lot 6, Blk. A, Fairview Addition (Raudio). Item #39 - Easement and ROW for installing, utilizing and maintaining subsurface drainage structure and 3-foot-high gravity wall for widening of Countryside Blvd., Section 29-28-16 (Florida Power Corp.) Commissioner Winner moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. IX - OTHER ITEMS ON CITY MANAGER REPORT Item #40 - Waiver Application - Holiday House - a limited waiver of the provision of Sec. 114.71 of the Clearwater City Code to permit the operation of rental watercraft within a corridor through the restricted area westward of the Holiday House. (MR) Charles Hunsicker, Assistant City Manager, indicated that the code provides for waivers to permit the operation of watercraft in the restricted swimming area; however, the manner in which vessels are taken through the corridors and the amount of insurance are the issues. Staff recommends that the vessels be non-motorized and that $1 million liability insurance be provided. Denial is recommended due to the Holiday House's request for motorized craft and $500,000 in liability insurance. Attorney Richard Neilson, representing the applicant, indicated that the property is being leased from James Gray with an option to purchase. He said the applicant will be seeking $500,000 in insurance as he has investigated obtaining the required $1 million coverage and it is unobtainable. He indicated there will be no danger to public safety as there has been no history of accidents or injuries, and feels the City will benefit from tourist tax dollars. Mr. Hunsicker, indicated there have been beach guard reports regarding numerous problems with wave runners in the restricted area and said these concerns need to be addressed. Owners of the rental watercraft indicated there is an age requirement for the rentals, that the boundaries are explained at the time of rental, and the operators of the craft are monitored. A citizen expressed concern regarding the safety of swimmers indicating her preference is for no wave runners or to at least limit the number as the noise created by them does not provide for a very relaxing atmosphere. Bill Held, Harbormaster, indicated that $1 million insurance coverage is obtainable as two previous waivers granted provided this amount of coverage. Commissioner Regulski moved to deny the waiver as submitted. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Fitzgerald, and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried. Commissioner Regulski moved to approve the waiver for non-motorized, non-propelled watercraft and $1 million insurance be provided. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Fitzgerald, and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried. X Other Pending Matters - None. CITY ATTORNEY REPORTS XI First Reading Ordinances Item #41 - Ordinance 4847-89 - Relating to the practice of massage and bathhouses, amending Secs. 71.13, 75.01, 75.02, 75.07, 75.08 and 75.20 through 75.29; creating Sec. 75.021; repealing Sec. 75.03, 75.04 and 75.05. The City Attorney presented Ordinance 4847-89 for first reading and read it by title only. The City Attorney requested that any references made to "masseur" be amended to read "licensed massage therapist." The City Attorney reported that the Police Chief is requesting the requirement for a background check be retained. Deborah Carlin, Second Vice President Florida Association of Massage Therapy, objected to a background check and indicated that no other health professional is subject to this scrutiny. In response to a question, she indicated that all who practice massage are required to be licensed through the state. Commissioner Regulski moved to pass Ordinance 4847-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #42 - Ordinance 4856-89 - Amending Ord. 4752-88, re vacation of a 10' Drainage and Utility Easement in Lot 3, Suntree Estates Subdivision, to correct a scrivener's error in the legal description. The City Attorney presented Ordinance 4856-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4859-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #43 - Ordinance 4858-89 - Amending Sections 61.41 and 61.43 to clarify the conditions for the issuance or revocation of a taxi operator's permit and to provide for an appeal to the City Manager. The City Attorney presented Ordinance 4858-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4858-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #44 - Ordinance 4859-89 - Amending Sections 121.01 to change and clarify Parking Ordinance. The City Attorney presented Ordinance 4859-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4859-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XII - Resolutions Item #45 - Resolution 89-41 - Assessing property owners the costs of mowing or clearing owners lots. Commissioner Regulski moved to table Resolution 89-41. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Other City Attorney Items - None. XIV - City Manager Verbal Reports - None. XV - Other Commission Action. Commissioner Nunamaker requested signs be used to indicate that the streetscape program is being paid for through Community Redevelopment Agency (CRA) funds and not General Funds. He expressed concern that the Commission was not aware of the reoccurrence of prostitution along N. Fort Harrison. He also emphasized that the City has not stopped pursuing the dredging of Dunedin Pass. Commissioner Winner requested responses be allowed under "Citizens to be Heard" if factual information can be given. It was indicated this is already a policy. XVI - Adjournment. The meeting adjourned at 11:16 P.M.