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08/17/1989 CITY COMMISSION MEETING August 17, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 17, 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. Earl Slotman, Community Reformed Church of Clearwater. 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 (3) service pins were awarded to City employees. IV - Introductions and Awards - none. V - Minutes of the Regular Meeting of August 3, 1989 Commissioner Regulski moved to approve the minutes of the regular meeting of August 3, 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 Swearing-In Ceremony The City Clerk administered the Oath of Office to Four (4) Firefighters/ Emergency Medical Technicians. VII - Citizens to be heard re items not on the Agenda. Two citizens spoke in opposition to the City Commission meetings becoming a forum for complaints against the Church of Scientology. Three citizens spoke in regard to alleged criminal activities conducted by the Church of Scientology. VIII - Public Hearings ITEM #9 - (Continued from 7/20/89) - TEFRA Hearing re Issuance and Sale by City of not exceeding $2,500,000 Center Foundation Project Revenue Bonds Series 1989. The City adopted Ordinance 4792-89 on April 6, 1989, which provides for the issuance of $2.5 million in revenue bonds which will be loaned to The Center Foundation to allow construction to begin on the project. According to Gray Dunlap of William R. Hough and Company, our financial advisor, the total construction will cost approximately $5 million. The bonds have no pre-payment penalty and will be repaid in less than three years. Mr. Dunlap stated that requested changes, including a requirement for staff review and approval of certain documents prior to closing, have been made. He emphasized that the City in no way pledges any revenue or land. There were no citizens to speak to this item. Commissioner Nunamaker moved to approve the issuance and sale by the City of not exceeding $2,500,000 Center Foundation Project Revenue Bonds, Series 1989. The motion was duly seconded and carried unanimously. Resolution 89-40 - Awarding Center Foundation Project Revenue Bonds, Series 1989. (CM) This resolution authorizes the issuance of the revenue bonds. Included with the resolution are the purchase contract, the preliminary official statement, the trust indenture and the loan agreements. Commissioner Regulski moved to pass and adopt Resolution 89-40 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. It was noted that, when the project opens, it will be free and clear of all encumbrances. ITEM #10 - Appeal of Building Board's approval of House Moving Permit.(CLK) On June 10, 1989, Michael Sofarelli filed an application for a house moving permit to relocate a single family, one-story frame house from 23 S McMullen Booth Road to 3109 John's Parkway, which was approved by the Building Department Director. On June 27, 1989, Norman Hibbing appealed the Building Director's decision to the Board of Adjustment and Appeal on Building/Flood Control. The Building Director's decision was upheld by that Board on July 13, 1989. Mr. Hibbing is now requesting the City Commission reverse the Board's decision based on concerns that the house is not of the same quality as existing homes and it will devaluate and cause overcrowding of the neighborhood. Al Christner, attorney representing Mr. Hibbing, indicated it is premature to consider this request as the house is currently on County property and the necessary County permits have not been issued. He submitted a letter from the County confirming this. Michael Sofarelli, applicant for the house moving permit, indicated the house meets all code requirements and is a quality home; will be relocated to a vacant platted lot; and the right-of-way to be used enroute is used by the public. Norman Hibbing, resident appealing the request, expressed concern that the appraised value of the home is below the average in the neighborhood and allowing the house to be moved will set a degrading precedent for the area. He indicated, if the decision of the Building Board of Adjustment & Appeal is upheld by the Commission, he will seek an injunction. Eight area residents spoke in opposition to the house move expressing concern regarding the tin roof and asbestos siding, the small lot size compared to the other lots in the neighborhood, the removal of trees for the house move and devaluation of other properties in the area. In response to questions, it was indicated this area is zoned RS-8 which allows for a 50-foot frontage the size of the lot in question. The appraised values of the homes in the area provided to the City Commission were obtained from the property appraiser's office and lists the value of the lots and houses separately. The Planning & Development Director indicated the house moving route will determine what permits need to be issued. Discussion ensued in regard to the trees being disrupted during the move, the average size of the lots being larger than 50 feet, and the construction of the house. In response to questions, Mr. Sofarelli indicated the replatting of these lots had prior Commission approval, the house will meet the required setbacks, and he may consider living in the house. Discussion ensued in regard to the routes to be taken in moving the house, and it was indicated it was not up to the Commission to determine the route but to determine whether or not the house can be placed on the lot. In response to a question, it was indicated this house could be built as new construction and meet code. Commissioner Nunamaker moved to deny the requested house moving permit and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker and Fitzgerald voted "aye." Commissioners Regulski, Winner, and Mayor Garvey voted "nay." Motion failed. Commissioner Regulski moved to uphold the decision of the Building Board of Adjustment & Appeal on Building/Flood Control to permit a house move to 3109 John's Parkway in accordance with City ordinance with the condition that a moving plan be submitted prior to the moving permit being issued, the plan to include all necessary approvals, permits, and easement necessary to effect the move. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, and Mayor Garvey voted "aye." Commissioners Nunamaker and Fitzgerald voted "nay." Motion carried. ITEM #11 - Public Hearing and First Reading Ordinance 4817-89 - Land Use Plan Amendment to Public/Semi-Public for property (7.52 acres), Sec. 7-29-16, M&B 22.012, located on the E side of Belcher Rd. across from Clearwater Industrial Park approx. 150 ft. S of South Lagoon Circle. (Salvation Army) LUP 89-6 (PL&D) The property is presently vacant but is proposed to be developed with a Salvation Army facility consisting of offices, 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. This request was heard and approved on June 15, 1989, however the necessary advertising had not been done and, therefore, must be acted upon again. Commissioner Regulski moved to approve the Land Use Plan Amendment 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 Regulski moved to pass Ordinance 4817-89 on first reading. The 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 4851-89 and 4852-89 - Petition for Annexation and IL Zoning for property (3.96 acres) at 2100 Palmetto St., located on the N side of Palmetto St. approximately 250 feet E of Kapp Dr., Sec. 12-29-15, M&B 14.07 (Garretson) A 89-14 (PL&D) The property is presently developed with a mobile home and a single family residence. It is being proposed to remove the mobile home and the majority of vehicles stored on the property, upgrade the residence for the present owners, and develop the rear of the property as an industrial facility engaged in printing and direct mailing. Industrial uses exist on three sides and is an appropriate land use for this parcel. Right of way and easement requirements will be addressed at site plan review. Commissioner Regulski moved to approve the annexation and zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4851-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4851-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4852-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4852-89 on first reading. The 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 Ordinance 4827-89 - Land Development Code Amendments implementing the North Greenwood Commercial District General Development Plan. (North Greenwood Commercial District) LDCA 89-05 (PL&D) In the summer of 1987, the Neighborhood Housing Services was commissioned to prepare an economic development plan for North Greenwood business properties. A Task Force consisting of public and private sector participants was selected to direct and focus the effort. The task force's strategy was to capture a larger share of neighborhood expenditures and expand the trade area by providing a mix of shopping opportunities within a safe, cohesive, attractive business environment. The plan was accepted by the Commission on December 1, 1988, for staff to prepare the appropriate amendments to implement the plan. The ordinance includes Code amendments for establishing a new zoning district, revised parking requirements, and special sign regulations. A proposed resolution will establish a Design Review Committee to review building plans for consistency with design standards recommended for the district. Six citizens spoke in support of the project and encouraged the Commission to move forward. Concerns were expressed in regard to working with the Design Review Committee, the rebuilding of homes at existing densities, and the degrading comments that have been made regarding the N. Greenwood area. It was indicated a need exists for having sufficient dollars available to enable the borrowing of funds to promote the area. It was also expressed that housing and crime programs are needed. Discussion ensued in regard to rebuilding at existing densities without having been prompted by a natural disaster. The Planning & Development Director stated the development of a housing plan should be ready in about a month, and they are working on a comprehensive program. He indicated the need to revitalize commercial and residential development. Discussion ensued regarding twelve (12) fueling spaces being allowed at convenience stores in this district when most convenience stores have eight. The City Attorney stated this could be addressed before second reading of the ordinance. Commissioner Winner moved to approve the Land Development Code Amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4827-89 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance 4827-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - (Continued from 7/6/89) Public Hearing and First Reading Ordinances 4828-89 and 4829-89 - Land Use Plan Amendment to Medium Density Residential and RM-16 Zoning for property (0.59 acres) located in Lincoln Place Subdivision, Blk. 1, Lots 9-16, Section 10-29-15, on the E side of Taft Ave. between Grant St. and Carlton St. to implement North Greenwood Commercial District Development Plan (Multiple Owners/City)LUP 89-3, Z 89-3 (PL&D) The subject parcels are currently developed as single family residences and duplexes. The request is to rezone these lots which were excluded from the final North Greenwood Commercial District General Development Plan because of their residential use, lack of frontage on N Greenwood Avenue and potential impact on public parking if developed commercially. The request is made to reflect the current use of the properties and to implement the North Greenwood Commercial District Plan. Commissioner Nunamaker moved to approve the zoning and Land Use Plan on the subject properties. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4828-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4828-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4829-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4829-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #15 - (Continued from 7/6/89) Public Hearing and First Reading Ordinances 4830-89 and 4831-89 - Land Use Plan Amendment to Commercial /Tourist Facilities and CNG (North Greenwood Commercial) District Zoning for property (0.4 acres) located at the SE corner of the intersection of North Greenwood Ave. and Palm Bluff St., Sec. 10-29-15, M&B 24.01 (Willow Run, Inc./City) LUP 89-4, Z 89-4 (PL&D) The subject parcel is developed as a restaurant and bar and is being added to the North Greenwood Commercial District General Development Plan given its existing commercial use and its direct frontage on N Greenwood Ave. Commissioner Winner moved to approve the zoning and Land Use Plan amendments on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4830-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4830-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4831-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4831-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #16 - (Continued from 7/6/89) Public Hearing and First Reading Ordinance 4832-89 - Zoning Amendment from CN to North Greenwood Commercial (CNG) District for property (6.8 acres) located on the E and W sides of North Greenwood Ave. from Grant St. S to Palm Bluff St. and from Palm Bluff St. S to Palmetto St. on the W side of North Greenwood Ave. only, to include Lincoln Place Subdivision, Lots 1-4, 7 and 8; C. E. Jackson's Subdivision, Blk. 3, Lots 6-11; Palm Park Subdivision, Blk. D, Lots 6-11; Greenwood Manor Subdivision, Lots 1-7; Greenwood Park No. 2, Blk. F, Lots 32-35, Blk. E, Lots 32-35, Blk. D, Lots 32-35; Greenwood Park Subdivision, Blk. B, Lots 15-18, Blk. C, Lots 15-18; Palm Park Subdivision, Lots 31 and 32; Mason's Subdivision, Lots 1-3, Lots 10-12, Sec. 10-29-15. (Multiple Owners/City) Z 89-5 (PL&D) The subject properties are commercially zoned lots in the North Greenwood corridor between Palmetto and Grant Streets. It is the intent of the zone to create an attractive, pedestrian-oriented, neighborhood shopping district. Commissioner Winner moved to approve the zoning amendment on the subject properties. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4832-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4832-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The meeting recessed from 8:30 P.M. to 8:45 P.M. VIII - Public Hearing - Second Reading Ordinances ITEM #17 - Ordinance 4846-89 - Amending Sections 135.097, 135.110, 135.116, 135.122, 135.128 and 137.005, Code of Ordinances, to allow remote switching stations as permitted use in Neighborhood Commercial, Resort Commercial 24, Resort Commercial 28, General Commercial and Highway Commercial Districts and to define "remote switching station". The City Attorney presented Ordinance 4846-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4846-89 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #18 - (Continued from 8/3/89) 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 Section 75.021; repealing Sections 75.03, 75.04 and 75.05. Four representatives of the profession spoke in opposition to the police background check indicating they are licensed by the state, they police their own profession, they are dedicated to their profession by continuing education credits, and they find the background check discriminatory. In response to a question, it was indicated there have been no problems regarding this profession in Clearwater. Discussion ensued in regard to bathhouses and massage parlors and it was indicated these are two separate elements and that the inference made to the massage therapist profession is felt to be demeaning. A concern was also expressed that requiring a background check would create more work for staff. The City Attorney presented Ordinance 4847-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4847-89 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker, Fitzgerald and Garvey. "Nays": Regulski. Motion carried. ITEM #19 - Ordinance 4853-89 - Vacating portion of drainage and utility easement lying within Woodvalley Subdivision, Unit 2, Blk 8, Lot 7. Sec. 8-29-16. (Brooks) V 89-6 The City Attorney presented Ordinance 4853-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4853-89 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #20 - 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, Sec. 29-28-16. (Childress) V 89-7 The City Attorney presented Ordinance 4854-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4854 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #21 - Ordinance 4855-89 - Vacating the southerly 5 feet of 10 foot drainage and utility easement lying within Beckett Lakes Estates Subdivision, Blk 3, Lot 4, Section 1-29-15. (Goatcher) V 89-8 The City Attorney presented Ordinance 4855-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4855-89 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #22 - Ordinance 4857-89 - Vacating the northerly 15 feet of existing 25 feet drainage and utility easement lying within Clearwater Manor Subdivision, Lots 82, 83, 84 and 86 (City) V 89-10 The City Attorney presented Ordinance 4857-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4857-89 on second and final reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #23 - Ordinance 4864-89 - Relating to taxicab insurance and rates; amending Sec. 61.50 to delete schedule of rates and to provide that taxicab company may amend its schedule of rates subject to certain filing and notice requirements. Commissioner Regulski moved to amend Ordinance 4864-89 in the title delete "Taxicab Insurance and"; on page 1, in the first "WHEREAS" clause delete "as set forth herein" and on page 1, in the third "WHEREAS' clause change "Sections 61.30 and" to "Section." The motion was duly seconded and carried unanimously. Buck Wilson, representing Suncoast Taxi Association, indicated a monopoly exists in the northern part of Pinellas County, he feels it is inappropriate for operators to change rates without regulation, and he requested an independent audit. Discussion ensued regarding whether or not a monopoly exists and it was indicated the City has not issued an exclusive franchise for taxi service in Clearwater. It was also stated that lower rates exist in those areas that have deregulated rates. The City Attorney presented Ordinance 4864-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4864-89 as amended on second and final reading. The 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 (Items 24 - 58) - Approved as submitted. Bids & Contracts - Approved. ITEM #24 - Award Contract (one year) for Microfiche Conversion to N.C.R. Corporation, FL, for $11,700 (estimated). (AS) ITEM #25 - Award Contract for Office Management and Budget Computer Equipment and Associated Hardware, the computer hardware from Whitman Computer Systems for $27,027.65 and the applications software from Software Spectrum for $3,306 for a total of $30,333.65; and authorize the five year lease purchase of the Whitman hardware in the amount of $27,027.65 through General Electric Capital Fleet Services, Inc. (AS) ITEM #26 - Rescind previous contract for Carpet Purchase and Installation with Towne Carpets, Clearwater and award contract to Bob's Carpet Mart, Largo, for $122,630. (AS) ITEM #27 - Award Contract for Uniforms for the Fire Department to Harrison Uniform Co., St. Petersburg, for $14,917.61. (FD) ITEM #28 - Award Contract for Microwave Equipment for 800mHz Radio System to Harris Farinon Corporation, Atlanta, GA, for $140,254. (GS) ITEM #29 - Award Eighteen Month Purchase Order for Subscription Services for Library Materials to Ebsco Subscription Services, for $79,882. (LIB) ITEM #30 - Amend Contract for Photocopying (Reproduction) Charges for 1988-89 to Pitney Bowes, Inc., Tampa, +$30,000. (PIO) ITEM #31 - Award Contract (one year) for Dance Band Services to Billy Paul Band, for $18,200. (P&R) ITEM #32 - Award Contract for the fabrication and installation of approximately 302 elevated grandstand seats at the Countryside Sports Complex to Reeves Steel, Tampa, for $16,348. (P&R) ITEM #33 - Amend Contract for purchase of additional 944 ninety-gallon solid waste containers (Black Barrels) to Reuter, Inc., for the period 10/01/88-9/30/89, for $191,480. (PW) ITEM #34 - Annual Contract extension (10/01/89-9/30/90) for Lot Mowing/Debris Removing to Capital Lawn Service, St. Petersburg, for $40,000. (PW) ITEM #35 - Award Contract for one (1) Walk-in Transport Van to Billy Grubbs Pontiac-GMC Trucks of Daytona Beach, for $23,341.74. (PW) ITEM #36 - Approve Contract extension (one year) for Sodium Bicarbonate to Harcross Chemical Co., Tampa, $27,600. (PW) ITEM #37 - Approve Contract extension (one year) for Bulk and Bag Cement to National Portland Cement Co., Port Manatee, Palmetto, for $36,610. (PW) ITEM #38 - Approve Contract extension (one year) for Hauling of Rock, Sand and the Hauling and Cost of Shell to Norred Trucking Co., Tampa, for $59,420. (PW) ITEM #39 - Approve Contract extension (one year) for 3/4" #57 Aggregate to Florida Crushed Stone Co, Brooksville, for $40,185. (PW) ITEM #40 - Approve Contract extension (one year) for Enslag Cold Plant Mix to Apac-Alabama, Inc., Birmingham, AL, for $70,320. (PW) ITEM #41 - Award Contract for a standby diesel engine/generator to provide the City Hall Annex Back-up Power for Data Information Services and related function to Cummins S.E. Power, Inc., Tampa, for $22,738. (CM) Change Orders - Approved. ITEM #42 - Change Order #1 to the Restoration of East Pollution Control Facility, South Interceptor - Phase 1 Contract (89-11), Insituform Southeast, Inc., +$55,032. (PW) Citizen & Staff Recommendations - Approved. ITEM #43 - Appointment as Trustees of the Clearwater Fire Supplemental Pension Plan, Mr. James E. Leach and Mr. Robert F. Lockwood. (FD) ITEM #44 - Request for Waiver of all City fees and charges for the 1989 Jazz Holiday, and that all concessionaires and vendors be restricted to those authorized by the Jazz Holiday Committee, $13,500.00 (estimated). (P&R) Plans & Plats - Approved. ITEM #45 - Preliminary Site Plan for Workman Center (1.9 acres), South Park Subdivision, Lots 3 and 5, located W of S. Ft. Harrison Ave. at the W end of Howard Ct. (Workman Center) PSP 89-22 (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 applicant shall obtain conditional use approval from the Planning and Zoning Board for the indoor warehouse use, prior to review of the final site plan by D.R.C.; 3) the site plan and calculations shall be revised to include Lot 4, prior to review by D.R.C.; 4) a unity of title shall be recorded by the owner for all lots which are a part of this site plan review, a copy of the recorded unity of title shall be submitted to the Planning and Development Department prior to certification of the site plan; 5) the required tree survey and elevation data shall be submitted prior to D.R.C. review of the final site plan, the applicant and/or his representative should meet with the City's Urban Forester for recommendations related to the proposed development vs. the existing environment prior to D.R.C. review of the site plan; 6) prior to review of the site plan by D.R.C., copies of SWFWMD permit applications including design calculations for storm water detention, soil borings, water table must be provided to the Public Works Department; 7) all site calculations as required by Section 137.010 including existing, proposed and minimum/maximum percentages and figures, along with parking calculations referencing the applicable formula(s) shall be provided on the site plan prior to D.R.C. review; 8) the required sidewalk along Howard Court must be shown on the site plan prior to D.R.C. review; and 9) the required handicapped spaces must be provided on the site plan prior to D.R.C. review. Receipt & Referral - received and referred to the proper departments. ITEM #46 - Petition for Annexation and RS-8 Zoning for property (0.19 acres) located in Crystal Heights Unit 1, Lot 26, Section 16-29-16, on the W side of K St., 20 ft. S of the first intersection with Bay Lane. (Walker) A 89-18 (PL&D) ITEM #47 - Petition for Annexation and RS-8 Zoning for property (0.19 acres) located in Crystal Heights Unit 1, Lot 25, Section 16-29-16, on the W side of K St., 100 ft. S of the first intersection with Bay Lane. (Harding) A 89-17 (PL&D) ITEM #48 - Petition for Annexation and RS-8 District Zoning for property (0.24 acres) in Grove Circle Subdivision, Lot 16, Section 2-29-15, located at the SW corner of the intersection of Highland Ave. and Grove Circle. (South/Aguiar/Bishara) A 89-16 (PL&D) ITEM #49 - Land Use Plan Amendment to Residential/Office and OL Zoning for property (0.32 acres) in Norwood Subdivision, Blk B, Lots 5, 6 & 7, Section 10-29-15 located at the SE corner of the intersection of N. Myrtle Ave. and Marshall St. (Okuboye/Zayyad) LUP 89-10, Z 89-12 (PL&D) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #50 - Agreement with the Humane Society of North Pinellas, Inc., for services regarding impoundment of animals 10/1/89 - 9/30/90; a sum not to exceed $6,500. (CA) ITEM #51 - Agreement with the School Board of Pinellas County for the establishment of a School Resource Officer Program in the public school system of Pinellas County, Clearwater Senior High School and Countryside Senior High School. (CA) ITEM #52 - Quit Claim Deed from the City to Estate of Emmett C. Boyle, Jr., 1910 Calumet Street, Section 1-29-15, M&B 34.16. (CA) ITEM #53 - Quit Claim Deed from the City to Estate of Emmett C. Boyle, Jr., Section 1-29-15, M&B 34.13. (CA) ITEM #54 - Quit Claim Deed from the City to Old Salem Enterprises, Inc., 1916 Calumet Street, Section 1-29-15. (CA) ITEM #55 - 17 foot Water and Sewer Easement from Robert Boyle, Estate of Emmett C. Boyle, Jr., Section 1-29-15. ITEM #56 - 5 foot Water and Sewer Easement from Old Salem Enterprises, Inc., 1916 Calumet Street, Section 1-29-15. (CA) ITEM #57 - Warranty Deed for ROW of Gould St. and Madison Ave., portion of Lot 13, R. H. Padgett's Original Lot 5. (Rogero)(CA) ITEM #58 - Tax Deed for S 160 ft. of N 225 ft. of that part of NE 1/4 of NE 1/4 lying W of a line parallel with & 650 ft. W of E line of Section 15-29-15, for Stevenson's Creek Drainage Project. (City) (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 #59 - Agreement for Purchase of the 10 acre tract of vacant land owned by Pinellas County School Board which is located north of the Clearwater Airpark and adjacent to the new Public Works Infrastructure Complex (Bonner property), Pinellas Groves, Section 12-29-15, portion of Lots 7-11, 25 & 26 $750,000. (PW) The Sanitation Division of the Public Works Department is currently located on property primarily used by the Marshall Street Advanced Waste Water Treatment Plant. Recent additions to the Marshall Street Plant, as well as future upgrades, make it prudent that the Sanitation Division relocate elsewhere. If the subject School Board property can be obtained, optimization of the Public Works Complex relative to sharing parking and proximity of common interests can be achieved. The Sanitation Division has allocated $829,000 toward the construction of a new facility. It is proposed a portion of this fund be utilized to purchase the property. In response to questions, it was indicated the property is located in the City and there are no zoning problems. Soil tests have been made and the property does meet construction requirements. Commissioner Winner moved to approve the Agreement for Purchase and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #60 - Replacement of the six western-most bents of the Rockaway Pier. (PW) The Rockaway Pier is located in Mandalay Park on Clearwater Beach. The pier, which originally projected into the Gulf, now serves primarily as an observation deck for pedestrians. A recent evaluation by the engineering firm of Kisinger Campo and Associates indicates that the western six spans have deteriorated to the extent that they must be removed. Recognizing the recreational and beach protection benefits provided by the pier, and the potential liability in its current state, removal of a portion of the existing structure and its replacement are recommended. The engineering firm's evaluation included six options. The option to remove and replace the six western bents is estimated to cost $135,00 to $160,00. Cecil Henderson, Assistant Public Works Director/Engineering, reviewed the various options. Commissioner Winner moved to approve the repair and replacement of the six western-most bents of the Rockaway Pier, and authorize the City engineering group to proceed with the project. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #61 - (Continued from 8/3/89) 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. (Florida National Bank) (PL&D) AND ITEM #62 - (Continued from 8/3/89) First Reading Ordinance 4836-89 - Amending the Zoning Atlas by rezoning from Limited Office (OL) to Neighborhood Commercial (CN) for 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. (Florida National Bank) (PL&D) Commissioner Winner moved to continue Ordinances 4835-89 and 4836-89 indefinitely. The motion was duly seconded and carried unanimously. ITEM #63 - Ordinance 4865-89 - Relating to Clearwater Public Library, amending Secs. 115.03, 115.21 - 115.24, Code of Ordinances, relating to powers and duties of Library Board, deleting provision that contributions and bequests may be administered by Board without supervision of City Manager and City Commission, providing all members of Board be permanent residents of City, providing for terms of office, meetings, officers and rules of Board, providing for removal of members by City Manager for non-attendance at meetings. (CA) The City Attorney presented Ordinance 4865-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4865-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #64 - Ordinance 4871-89 - Relating to Occupational Licenses, amending Sec. 71.13, Code of Ordinances, relating to the duties of the Police Chief and Police Department with respect to those Occupational License categories for which a background information report is required, as indicated by "Note B" in the Occupational License schedule. (CA) The City Attorney presented Ordinance 4871-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4871-89 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Resolutions ITEM #65 - Resolution 89-47 - Supporting the Center Foundation. Commissioner Winner moved to pass and adopt Resolution 89-47 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #66 - Resolution 89-48 - Supporting Pinellas County's proposed ordinance imposing an annual registration fee of 50% of the applicable state registration fee on water vessels registered, operated or stored within Pinellas County. Charles Hunsicker, Assistant City Manager, indicated the adoption of this resolution will increase effectiveness in marine enforcement in Clearwater. A question arose as to whether any of the monies raised would go to marine enforcement in Clearwater, and it was indicated the City is offering to share office and docking space at the Clearwater Beach Substation with the Sheriff's Department as is being done with Florida Marine Patrol. Discussion ensued regarding the City supporting the resolution and it was indicated there is a need for additional policing, education, and training for boaters. Consensus was to include a letter with the resolution sent to Pinellas County emphasizing Clearwater's request for additional support in its waterways as well as those with no existing marine enforcement. Commissioner Regulski moved to pass and adopt Resolution 89-48 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIV - Other City Attorney Items - none. XV - City Manager Verbal Reports The City Manager reminded the Commission of the Town Budget Meeting scheduled for August 22, 1989 at 7:30 P.M. at the City Hall Annex. He reported he has held several meetings with employees to address the budget and to respond to their questions and concerns. XVI - Other Commission Action Commissioner Nunamaker requested investigation of the housing rehabilitation loan program. Commissioner Winner requested an update on the damaged water line to the Beach. The Public Works Director reported the clamp was ready to be installed, disinfection is to start tomorrow, and the line will be back in service when approved by the Health Department. Commissioner Regulski questioned for what purposes the money generated from the proposed one cent sales tax (if approved by referendum) can be used. The City Manager reported it is to be used to fund concurrency requirements of the Growth Management Act. Commissioner Regulski requested that the public be informed of the uses of the funds generated in order to support the passage of the referendum. Commissioner Fitzgerald requested the status of the prostitution ordinance. The City Attorney indicated he will be providing a report to the Commission shortly. XVII - Adjournment The meeting adjourned at 10:50 P.M.