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08/03/1989 CITY COMMISSION MEETING August 3, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 3, 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 Leo Schrader Assistant City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father John Cippel of St. Cecelia's Catholic Church. 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. Three service pins were awarded to City employees. IV - Introductions and Awards - None. V - Minutes of the Regular Meeting of July 20, 1989. Commissioner Regulski moved to approve the minutes of the regular meeting of July 20, 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 - None. VII - Citizens to be heard re items not on the Agenda. Twelve citizens spoke in support of the teachings of Scientology. Eight citizens spoke in opposition to the practices of Scientology. Jim Sackley, President of the Suncoast Taxi Drivers Association, CWA Local 14315, stated they are organizing the taxi drivers in the Bay area and are looking forward to working with the City. VIII - Contract Extensions with the Philadelphia Phillies and recommended funding sources; net $650,000 - Bill Giles. In exchange for an extension until 2002 of the spring training relationship with the Philadelphia Phillies, the contract requires the City make certain improvements at Jack Russell Stadium. The actual improvements relate to a stadium expansion of about 2,000 seats, a new visitors' clubhouse, additional offices and storage areas, additional and refurbished bathrooms and concession areas. It is recommended the cost of improvements be financed with $550,000 from the special development fund and $250,000 loan to the general fund from the parking fund. It is further recommended the $250,000 loan be combined with an outstanding $600,000 interfund loan that financed earlier improvements to the stadium and that the combined $850,000 be repaid over a 10 year period. To offset costs, the City will receive, for a period of six years, 25% of the ticket sales in excess of 4,600 tickets sold per game. It is estimated the City will receive in excess of $150,000 from ticket sales over the 6 year period resulting in a net cost of $650,000 for improvements. Mr. William Giles, President of the Phillies, formally signed the contract and thanked the City for their support. Commissioner Winner moved to approve the contract extension and recommended funding sources, and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. IX - Public Hearings ITEM #9 - Public Hearing and First Reading Ordinance 4853-89 - Vacating northerly 3 feet of 10 foot drainage and utility easement, lying within the southerly 10 feet of Woodvalley Subdivision, Unit 2, Blk 8, Lot 7. (Brooks) V 89-6 (PW) The applicant proposes to install a pool which will extend approximately 3 feet into the City's 10 foot drainage and utility easement. Any decking extending beyond the pool structure and into the remaining easement will require Engineering Division approval. A 17 foot easement will remain. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Regulski moved to approve the vacation on the subject property. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4853-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4853-89 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 Ordinance 4854-89 - Vacating southerly 5 feet of 10 foot drainage and utility easement, lying within Northwood Estates Subdivision, Tract F, Blk. A, Lot 12 (Childress) V 89-7 (PW) The applicant proposes to install a pool which will extend approximately 5 feet into the City's 10 foot drainage and utility easement. Any decking extending beyond the pool structure and into the remaining easement will require Engineering Division approval. A 5 foot easement will remain. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation on the subject property. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4854-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4854-89 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 Ordinance 4855-89 - Vacating the southerly 5 feet of 10 foot drainage and utility easement, lying within Beckett Lake Estates Subdivision, Blk. 3, Lot 4, (Goatcher) B 89-8 (PW) The applicant proposes to install a pool and decking which will extend approximately 5 feet into the City's 10 foot drainage and utility easement. A 5 foot easement adjacent to the Montclair Road right-of-way will remain. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4855-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4855-89 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 Ordinance 4857-89 - Vacating the northerly 15 feet of existing 25 foot drainage and utility easement in Clearwater Manor Subdivision, Lots 82, 83, 84 and 86. (City) V 89-10 (PW) Pinellas County has recently installed an 8' by 6' box culvert in the drainage ditch that once ran from Lagoon Circle to Old Coachman Road. Now that the work is complete, the County has asked that the existing 50 foot wide drainage and utility easement, which was formerly necessary to accommodate the ditch, be reduced to a 20 foot width and the City implement the vacation for that part of the easement within Clearwater. The County will vacate the easement for that part in Pinellas County. While this is appropriate, it should be done contingent upon an acknowledgement that the City of Clearwater has no financial interest in the project and the County will also vacate their portion of the easement length. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4857-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4857-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #13 - Public Hearing and First Reading Ordinance 4846-89 - Amending Sections 135.097, 135.110, 135.116, 135.122, 135.128 and 137.005 relating to remote switching stations as a permitted use in commercial zoning districts. LDCA 89-08 (PL&D) This issue was discussed in conjunction with a request to rezone residential property to PS/P (Public/Semi-Public) in order to allow a General Telephone remote switching station on Island Estates. The request was denied. Presently, this use is allowed only in IL (Limited Industrial) and P/SP (Public/Semi-Public) zoning districts as a permitted use and in OS/R (Open Space/Recreation) zoning districts as a conditional use. The ordinance has been drafted to provide a definition of "remote switching station" and to consider such use as permitted in CN (Neighborhood Commercial), CR-24, CR-28, (Resort Commercial), CG (General Commercial), and CH (Highway Commercial) zoning districts. Commissioner Winner moved to approve the amendment to the Land Development Code. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4846-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4846-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - Review of Variance to the Separation Requirements for Sale of Alcoholic Beverages for Johnny's Italian Restaurant located at 2907A, Suite 1, S. R. 590, Section 8-29-16, M&B 11.01 (Adamo Investors, Ltd.) AB 89-01 CU 88-90 (PL&D) A variance to the 300 foot separation requirement for on premises consumption of beer and wine within 100 feet of a residential zone at Johnny's Italian Restaurant is now before the Commission for a requisite six month review. The applicant presently operates a restaurant in the Mission Hills Shopping Center on the south side of S.R. 590. On February 16, 1989, the City Commission approved a variance to the 300 foot separation requirement to enable the relocation of the restaurant within the same shopping center which is within 100 feet of a residential zone. The restaurant owner holds a 2-COP (beer and wine) state license. On February 16th, the Commission approved the variance request with two conditions: 1) the package sales cease at 11:00 p.m. and 2) there be a review of the variance within 6 months. Staff finds no observable change of the neighborhood conditions since the original approval and feels the police reports give no cause to deny the application. Commissioner Nunamaker moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property under a 2-COP license subject to the previous condition that package sales cease at 11:00 p.m. The motion was duly seconded and carried unanimously. ITEM #15 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Mobil Oil Service Station 02-A8M located at 1496 S. Belcher Rd. (Adams) AB 89-09 (PL&D) The Mobil Oil Service Station is requesting permission to rebuild the property and to continue the current uses with an expansion from 552 to 1020 square feet of floor area. The property currently has a 1-APS state license. A similarly licensed facility exists at the Winn-Dixie store located in the shopping center. This property is also located approximately 250 feet from a residential area, however, no separation distance is being requested since the applicant will abide by the Code exceptions to separation distance. The Planning and Zoning Board approved a conditional use for expansion of the site with an existing 1-APS license. The Development Code Adjustment Board approved variances for setbacks, interior landscaping, and front yard open space on July 27, 1989. Angela Adams, attorney representing the applicant, stated the applicant is requesting to expand and wishes to continue to have package sales. A question arose as to the need for additional rights-of-way and the Planning and Development Director indicated this was considered when an analysis on the widening of Belcher Road had been done. Commissioner Regulski moved to approve a variance of 143 feet to allow a 1-APS licensed facility within 57 feet of a similarly licensed facility. The motion was duly seconded and carried unanimously. ITEM #16 - Variance to the Separation Requirement for Sale of Alcoholic Beverages for Belcher Amoco Service Center located at 2198 Gulf-to-Bay Blvd.; Sec. 13-29-15, M&B 14.06. (Protopapadakis) AB 89-10 (PL&D) This item is to approve variances to allow a 2-AP licensed facility within 36 feet of a similarly licensed facility (Albertson's), and within 96 feet of a residential zone. Residentially zoned properties developed as mobile home parks are located to the south and to the northeast, and are separated from the site by major thoroughfares. A conditional use to permit alcoholic beverage sales was approved by the Planning and Zoning Board on July 18, 1989. Daniel Marudis, representing the owner, stated the variance is being requested in order to provide convenience to his customers. In response to a question, it was indicated the applicant will be improving the existing service station with no expansion of floor area. Concerns were expressed regarding the heavy traffic and high accident rate at the Belcher Road/Gulf-to-Bay intersection. It was indicated that convenience to the public is afforded by Albertson's and Publix and that the service station has been successful for 30 years without the sale of beer and wine. Commissioner Regulski moved to deny the requested variances to the alcoholic beverage minimum distance requirement on the subject property. 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. IX - Public Hearing - Second Reading Ordinances ITEM #17 - Ordinance 4839-89 - Zoning property (0.25 acres) annexed in Ordinance 4840-89 as Single-Family Residential (RS-8) Kapok Forest Subdivision, Lot 12 and the N 25 feet. of Lot 11 (Williams) A 89-12 The Assistant City Attorney presented Ordinance #4839-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4839-89 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 #18 - Ordinance 4840-89 - Annexing (0.25 acres) property E of Kapok Circle, Kapok Forest Subdivision, Lot 12 and the N 25 feet. of Lot 11, (Williams) A 89-12 The Assistant City Attorney presented Ordinance #4840-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4840-89 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 #19 - Ordinance 4841-89 - Zoning property (1.42 acres) annexed in Ordinance 4842-89 as Single-Family Residential (RS-2), Chautauqua Subdivision, Unit I, Sec. A, Blk 44, Lots 8-19, and E 1/2 of Lots 7 and 20 (Koppe/Rugullies) A 89-13 The Assistant City Attorney presented Ordinance #4841-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4841-89 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 #20 - Ordinance 4842-89 - Annexing property between Second Ave. N. and Third Ave. N., approx. 400 feet. E of Chautauqua Ave., Chautauqua Subdivision, Unit I, Sec. A, Blk. 44, 8-19, and the E 1/2 of Lots 7 and 20. (Koppe/Rugullies) A 89-13 The Assistant City Attorney presented Ordinance #4842-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4842-89 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 #21 - Ordinance 4843-89 - Amending land use element of comprehensive plan to change land use designation on property (1.54 acres) on S side of Calumet St., approx. 700 feet. W of Belcher Rd., Clearwater Industrial Park, Lot 17 less the W 300 feet from Public/Semi-Public to Industrial (National Data Products) Z 89-10 LUP 89-8 The Assistant City Attorney presented Ordinance #4843-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4843-89 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 #22 - Ordinance 4844-89 - Rezoning property (1.54 acres) described in Ordinance 4843-89 from Public/Semi-Public to Limited Industrial (IL), Clearwater Industrial Park, Lot 17 less the W 300 feet. (National Data Products) Z 89-10, LUP 89-8 The Assistant City Attorney presented Ordinance #4844-89 for second reading and read it by title only. It was noted an industrial development is being rezoned, not public land. Commissioner Nunamaker moved to pass and adopt Ordinance #4844-89 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 4847-89 - Relating to the practice of massage and bathhouses, amending Sections 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. Bill Stuart stated he found the requirements for fingerprinting and a background check to be discriminatory against massage therapists as it is not required for other health care professionals. The Assistant City Attorney presented Ordinance #4847-89 for second reading and read it by title only. Commissioner Winner moved to continue Ordinance #4847-89 to August 17, 1989. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #24 - Ordinance 4850-89 - Vacating 7 foot drainage easement Bidwell's Oakwood Addition Subdivision, southern portion of Lot 7. (City) V 89-04 The Assistant City Attorney presented Ordinance #4850-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4850-89 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 4856-89 - Amending Ordinance 4752-89 relating to vacation of portion of 10 foot easement in Suntree Estates Subdivision, Lot 3, to correct scrivener's error in legal description. The Assistant City Attorney presented Ordinance #4856-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4856-89 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 #26 - Ordinance 4858-89 - Relating to taxicabs, amending Sections 61.41 and 61.43, Code of Ordinances, to clarify conditions for issuance or revocation of taxi operator's permit and to provide for appeal to city manager. The Assistant City Attorney presented Ordinance #4858-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4858-89 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 4859-89 - Relating to traffic and motor vehicles, amending Sections 121.01, 121.04, 121.05, 121.39, 121.40 and 121.41, repealing Sections 121.42 and 121.43, amending Sec. 121.44(1) Commissioner Winner moved to amend ordinance #4859-89 by deleting in lines 18 and 19 in the title, the words "Amending Section 121.44(1), Code of Ordinances, to increase the fine for overtime parking," and to delete Section 8 of the text of the ordinance. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4859-89 as amended for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4859-89 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Fitzgerald and Garvey. "Nays": Nunamaker. Motion carried. CITY MANAGER REPORTS X - CONSENT AGENDA (Items 28-47) - Approved as submitted less Item #35. Agreements - Approved. ITEM #28 - Greenwood Panthers Culture & Sports Organization, Inc., to construct a Concession Building at no cost to the City , and to use the concession building and a previously constructed pressbox/storage building, at Phillip Jones Park. (P&R) ITEM #29 - Alan Zimmet as Independent Attorney for Municipal Code Enforcement Board - $85/hour. (CLK) ITEM #30 - Willingham & Associates, A.I.A., Architects, Inc - Space Needs Study for Consolidated City Hall - consultation will include 1) analysis of the existing situation, 2) definition and analysis of factors impacting future space needs, 3) space requirements, analysis, and projections including collocational requirements, 4) alternatives, and 5) recommendations. $72,000. (CM) ITEM #31 - Lobbyist Service from James C. Massie; $13,792 plus reasonable and necessary out-of-pocket expenses. (CM) Bids & Contracts - Approved. ITEM #32 - Award Contract for UNISYS Mainframe Maintenance to UNISYS Corporation of Tampa, for $48,200. (AS) ITEM #33 - Award Contract for Annual License and Maintenance Renewal for Finance Division's Office automation computer system to Honeywell Bull, Inc., for $12,380. (AS) ITEM #34 - Award Contract for Firefighter Protective Suits (Bunker Gear) to Safety Equipment Co. Tampa, for $15,218.40. (FD) ITEM #35 - See page 12. ITEM #36 - Award Contract extension for Contractor Operated Vehicle Parts Store, to Court Square Auto Parts, for $624,000. (GS) ITEM #37 - Award Contract for Roof Restoration at Ross Norton Park, Lawn Bowling Club and Shuffleboard Club to Cooper Roofing Co., Clearwater, for $18,500. (GS) ITEM #38 - Award Annual contract for Propane Gas to Warren Petroleum Co., Tampa, for $17,190. (PW) ITEM #39 - Award Contract for Sall's Lake Park 3rd Addition Storm Replacement (89-19) to Howard Brothers Excavating, Inc. of Palm Harbor, for $43,924.50. (PW) ITEM #40 - Award Contract extension for Sludge Hauling to Davis Water and Waste Industries, Inc., Tallevast, for $213,180. (PW) ITEM #41 - Award Contract for Additional Computer Equipment for Legal Department: four (4) workstations and one (1) laser printer from Whitman Computer Systems for $10,610.20; four (4) monitors from Access Computers, Oldsmar, for $456.17; applications software from Software Spectrum, Dallas, TX, for $288.00. (CA) Citizen & Staff Requests - Approved. ITEM #42 - Ranking and Authorizing negotiation of contract for City's Financial Advisor.(CM) ITEM #43 - Ranking and Authorizing negotiation of contract for City's Bond Counsel. (CM) ITEM #44 - Proposed Consultants Scope of Services Clearwater Conference/Convention Center and forward to Board of County Commissioners and Tourist Development Council for approval. (ED) Plans & Plats - Approved. ITEM 45 - Preliminary Site Plan for Poser Business Forms (2.566 acres) located at 2145 Sunnydale Blvd., Clearwater Industrial Park Replat, Portion of Lot 2, Sec. 1-29-15 (Poser Business Forms/Walter Caro) PSP 89-19 (PL&D) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) signs and fencing/walls shall be subject to separate review and permitting; 2) the site data shall be revised to include the current IL zoning classification; 3) prior to D.R.C. review, the attached site data must be given on the plan; 4) prior to D.R.C. review, parking must be stated in accordance to applicable formula; 5) prior to D.R.C. review, a copy of the SWFWMUD permit application must be submitted to the Public Works Department; 6) prior to D.R.C. review, the site plan shall be revised to reflect the vacation of the portion of right-of-way at the northeast corner of the site (vacated by O.R. #5089 as shown on city sanitary sewer atlas); and 7) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review. Receipt & Referral ITEM #46 - Amendment to the Land Development Code Sections 134.008, 134.010, 134.012 and 134.013, relating to Exempt Signs, Additional Identification Signs Based Upon Public Street Frontage, Pole Signs and Window Signs. LDCA 89-10 (PL&D) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #47 - Drainage easement over portion of Fairview Addition, Blk A, Lots 9 & 10, part of Lots 11 & 12. (Barinka Enterprises. Inc.) Commissioner Winner moved to approve the Consent Agenda as submitted less Item #35 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Award Contract for (1) 4-wheel drive, 4-door utility vehicle to Countryside Jeep, for $17,606.24. (GS) A question was raised as to whether the City is getting a fair market price. The City Manager stated he would research this matter. Commissioner Regulski moved to continue this item to the regular meeting of August 17, 1989. The motion was duly seconded and carried unanimously. The meeting recessed from 7:50 p.m. to 8:06 p.m. XI - OTHER ITEMS ON CITY MANAGER REPORT ITEM #48 - Preliminary Site Plan for Sand Castle (Expansion/Renovation) (4.09 acres) located at the NW corner of Osceola Ave. and Drew St. Sec. 9-29-15, M&B 443.07. (Church of Scientology Flag Service Organization) PSP 89-21 (PL&D) The Planning and Development Director reviewed the request and stated staff recommends D.R.C. review the plan and that the Commission have final approval. There is presently parking in the clear space but they plan to increase the number of parking spaces from 7 to 15. The proposal will connect two existing structures. The entrance to the site is approximately 45 feet from the intersection of Drew Street and Osceola Avenue. The Public Works Director stated the Church has agreed to dedicate 5 feet of right-of-way on Osceola Avenue and 25 feet on Drew Street for a drainage, utility, and sidewalk easement. A question arose as to whether classrooms should be classified as schools which are not permitted uses in the bayfront district zoning. The Planning and Development Director indicated the classrooms had not been categorized as to use and need to be addressed. Jim Graham, architect representing the Scientologists, stated the hotel portion of the building is to be renovated with the course rooms being converted back into a restaurant. He feels the site plan meets all City codes and will fit in with the downtown core as the addition will not extend higher than 45 feet leaving visibility open on the bayfront. In response to a question, it was indicated the parking requirements have been calculated on the entire complex and that 4,000 square feet of the addition will be provided for course rooms. A question arose as to the current renovations being done and it was indicated they are mainly cosmetic on the inside with minor structural repairs on the outside and are not part of the site plan being considered. Discussion ensued as to whether or not the driveway on Osceola Avenue would be moved and it was indicated the parking area will be reconfigured and the edge of the pavement will be moved 4 feet north from where it is shown on the plan with the entry remaining the same. Mr. Graham indicated that a space plan is being done to ensure that the proposed usage is appropriate with the zoning and would be ready before review by the D.R.C. He also indicated that a landscape plan is being done for the parcel. A question was raised as to whether the Church has a master plan for their property in the downtown area. Randy Young, Church of Scientology, stated they have no overall plan but that upon completing renovations at this site, they will be renovating the old Clearwater Bank Building, and their long range plan includes consolidating all properties and redeveloping their current land. as Commissioner Regulski moved to approve the preliminary site plan for Sand Castle (Expansion/Renovation) with the additional condition that the final site plan be reviewed by the City Commission for final approval and authorize review of a final site plan with action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) signs and fencing/walls will require separate review and permitting processes; 2) the legal description shall be provided on the plan prior to submittal for D.R.C. review; 3) the applicant shall obtain approval of the related variance(s) to the open space requirement or the site plan must be revised accordingly prior to D.R.C. review of the final site plan; 4) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 5) future right-of-way as determined by Public Works Department should be indicated by a dashed line on the site plan; 6) storm water detention provisions for the increased impervious area must be shown on the site plan for D.R.c. review; 7) typical dimensions for the vehicular use area must be provided on the site plan prior to D.R.C. review (note: 24 foot aisles are required for 2-way traffic); 8) the applicant should contact Traffic Engineering Department to discuss a possible conflict in the loading zones and parking spaces; and 9) that the final site plan come back to the Commission for final approval. The motion was duly seconded and carried unanimously. ITEM #49 - (Continued from 7/20/89) First Reading Ordinance #4835-89 - Amending the Land Use element of the Comprehensive Plan to change the Land Use Designation from Residential/Office to Commercial/ Tourist Facilities for property, (1.42 acres), located at the SW corner of the intersection of Sunset Pt. Rd. and Hercules Ave., Pinellas Groves Subdivision, a portion of Lot 1. (PL&D) (To Be Continued) AND ITEM #50 - (Continued from 7/20/89) First Reading Ordinance #4836-89 - Amending the Zoning Atlas by rezoning from Limited Office (OL) to Neighborhood Commercial (CN) property, (1.42 acres), located at the SW corner of intersection of Sunset Pt. Rd. and Hercules Ave., Pinellas Groves Subdivision, a portion of Lot 1.(PL&D) (To Be Continued) Commissioner Winner moved to continue Ordinances #4835-89 and #4836-89 to the meeting of August 17, 1989. The motion was duly seconded and carried unanimously. ITEM #51 - Beautification Committee - Appointment (one (1) member) (CLK) Commissioner Regulski moved to appoint Don Nichols. The motion was duly seconded and carried unanimously. ITEM #52 - Appointment to Parks and Recreation Board one (1) member. (CLK) Commissioner Regulski moved to appoint Mike Palouian. The motion was duly seconded and carried unanimously. XII - Other Pending Matters - None. CITY ATTORNEY REPORTS XIII - First Reading Ordinances ITEM #53 - Ordinance 4864-89 - Relating to taxicab insurance and taxicab rates; amending Sec. 61.30, Code of Ordinances, to increase required minimum insurance requirements from $100,000 or $300,000 to $1,000,000 for bodily injury liability and from $100,000 to $300,000 for property damage; amending Sec. 61.50 to delete schedule of rates and to provide that taxi cab company may amend its schedule of rates subject to certain filing and notice requirements. The Pinellas County Yellow Cab Company withdrew its request for the change in the insurance requirements of the existing taxi ordinance. Commissioner Winner moved to amend Ordinance #4864-89 as follows: 1. In the title, delete "Amending Section 61.30, Code of Ordinances, to increase the minimum insurance requirements from $100,000.00 or $300,000.00 to $1,000,000.00 for bodily injury liability, and from $100,000.00 to $300,000.00 for property damage;" 2. Delete Section 1 of the ordinance, and renumber subsequent sections. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #4864-89 for first reading, as amended and read it by title only. Commissioner Winner moved to pass Ordinance #4864-89, as amended, on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Buck Wilson, Suncoast Taxi Drivers Association, requested that Clearwater not deregulate taxicab rates and requested installation of trip fee meters and two-way radios in Pinellas County. It is felt that one company has a monopoly in the northern part of the County and it is, therefore, inappropriate for them to set their own rates. He indicated Clearwater has the highest rates in the County. XIV Resolutions ITEM #54 - Resolution #89-42 - Assessing property owners the costs of mowing or clearing lots. Commissioner Winner moved to pass and adopt Resolution #89-42 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 #55 - Resolution #89-43 - Supporting the Teen Task Force to provide safe locations for teenagers to gather and socialize. Commissioner Fitzgerald requested an amendment to Section 1 of Resolution #89-43 to replace the words at the end of the Section "of our City" with the words "to gather and socialize." Consensus of the Commission was to include this amendment. Commissioner Nunamaker moved to pass and adopt Resolution #89-43, as amended, 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 #56 - Resolution #89-45 - Confirming Designation of Wyong, New South Wales, Australia as a Sister City. The Mayor noted Sister City International is requesting confirmation of Sister City designation. She requested in both Section 1 and Section 3, the word "Shire" be added after "Wyong." Consensus was to make this amendment. Commissioner Winner moved to pass and adopt Resolution #89-45, as amended, 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. XV - Other City Attorney Items - none. XVI - City Manager Verbal Reports - none. XVII - Other Commission Action Commissioner Fitzgerald noted he received a call from Gabe Cazares complimenting EMS for their excellent service and response time when his wife was hospitalized. The Mayor requested authorization to bid for the City at a foreclosure on property upon which the City has a junior lien. The City Attorney's Office feels this money can be recovered due to the value of the property. Commissioner Regulski moved to authorize bidding at a foreclosure sale for property located at 1388 Hibiscus on which the City has a note and mortgage in the amount of $15,000. The motion was duly seconded and carried unanimously. The Mayor requested direction from the Commission in responding to an invitation from Kalamaria, Greece, to visit this fall. Consensus was to consider a spring visit and extend invitation for a visit here in the fall. XVIII - Adjournment The meeting adjourned at 8:50 p.m.