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09/07/1989 CITY COMMISSION MEETING September 7, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 7, 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 Reverend Richard Cobbs, Episcopal Church of the Ascension. 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. One (1) service pin was awarded to a City employee. IV - Introductions and Awards. Proclamations: Emergency Medical Services (EMS) Week - September 17-23, 1989. V - Presentations. A. Kids-A-Poppin - To be scheduled for future meeting. VII - Minutes of the Regular Meeting of August 17, 1989. Commissioner Regulski moved to approve the minutes of the regular meeting of August 17, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VIII - Citizens to be heard re items not on the Agenda. Raymond Fagin complained about Utilities Department procedures. The City Commission requested that the City Manager meet with Mr. Fagan. Garnet Cook complained regarding weeds in a ditch in the Highland Pines area. IX - Public Hearings Item #9 - Surplus Land Sale to the CRA - Declare a portion of the property known as Parking Lot #8 and the adjacent triangle of undeveloped property to be surplus to City needs for the purpose of selling both parcels to the Community Redevelopment Agency (CRA) and find there is a valid public purpose for this transfer; and adopt Resolution #89-52. (ED) The land is configured into three parcels contiguous to land upon which the First Florida Bank is located in Section 16-29-15. Lot 1 (17,411 square feet) appraised at $15.00 per square foot is valued at $261,165. This is the site of a proposed park to be built and retained by the City. Lot 4 (18,893 square feet) appraised at $11.25 per square foot is valued at $212,546. Lot 5 (3,481 square feet) appraised at $3.00 per square foot is valued at $10,443. It is recommended the City sell Lots 4 and 5 to the CRA for the appraised value of $222,989. Michael Wright, Assistant City Manager, stated the land will be subsequently sold to MAS One who will develop it as the Clearwater Tower project. Commissioner Regulski moved to declare the property surplus to City needs for the purpose of selling both parcels to the Community Redevelopment Agency (CRA) and that there is a valid public purpose for this transfer. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Resolution #89-52 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 #10 - Public Hearing and First Reading Ordinances #4860-89 and #4861-89 - Petition for Annexation and RS-6 Zoning for property (2.57acres) located approximately 300 ft. S of the eastern terminus of C.R. 193. Section 5-29-16, M&B 41.08. (Hyde) A 89-15 (PL&D) The parcel is currently vacant and proposed to be developed as a single family subdivision in conjunction with M&B 41.06, Section 5-29-16 immediately west of the subject parcel. The requested zoning is compatible with the parcel to the west and the existing subdivision to the north. Commissioner Winner moved to approve the annexation and zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4860-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4860-89 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 #4861-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4861-89 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 #4862-89 and #4863-89 - 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) The property consists of Lot 1 developed as a single-family residence over 2 garages; Lot 2 is an existing duplex; and Lot 3 is an existing duplex in need of serious attention and repair. To grant this request would permit intrusion of commercial uses into a viable residential area and a reduction of five dwelling units of available housing. One of the objectives of The Housing Element of the proposed Clearwater Comprehensive Plan is to maintain a sufficient supply of standard and affordable housing. Staff recommends denial of the Land Use Plan Amendment and Zoning Amendment. The Planning & Zoning Board voted to recommend denial of this request at their meeting of September 5, 1989. Robert Root, representing the applicant, indicated the subject property has been a target area for housing; however it is not stable in that it is a crack cocaine area. He questioned whether the area is conducive to residential development. Commissioner Regulski moved to deny the Land Use Plan Amendment and the Zoning amendment on the subject property. The motion was duly seconded and carried unanimously. Commissioner Winner moved to table Ordinances #4862-89 and #4863-89. Motion was duly seconded and carried unanimously. Item #12 - Public Hearing and First Reading Ordinance #4872-89 - Vacating a portion of Fifth Ave. N., Chautauqua Subdivision, Unit One, Section A, Blk 48, lying N of Lots 14-26 (Premier Properties) V 89-11 (PW) The City owns a park site on the north side of Fifth Avenue North. Access to the park is from Enterprise Road East. The applicant owns the land on the south side of the right-of-way and is proposing to combine the lots in Block 48 and a portion of Block 47 into larger single family building tracts. The abutting right-of-way of Fifth Avenue North will be combined with Block 48 to make the larger tracts. Fourth Avenue North will be used as access to these new building sites. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Douglas Roach, President of Premier Properties, stated the property was platted in 1920 and no improvements have been made since that time. He indicated that vacation of the right-of-way will eliminate the "no-man's land" between the lots and park. Commissioner Regulski moved to approve the vacation on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4872-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4872-89 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 4873-89 - Vacating ROW easement lying S of Turner St., Turner Street Groves Subdivision, between Lots 20 and 21, formerly Madison Avenue right-of-way. (Orlandi, Inc.) V 89-12 (PW) The applicant owns the land on both sides of this right-of-way easement and proposes to use the land for a portion of the parking lot. The City vacated the Madison Avenue right-of-way in December, 1982. At that time, the right-of-way was a dirt road connecting Turner Street to Pine Street and is no longer in use. Engineering has not objection to the vacation of the right-of-way portion of the easement provided it is retained full width as a drainage and utility easement. 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 request. The motion was duly seconded and carried unanimously. The City Attorney noted the ordinance does not provide for the easement to be retained full width as a drainage and utility easement. He indicated this would be done by deed before second reading of the ordinance. The City Attorney presented Ordinance #4873-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4873-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #14 - Public Hearing and First Reading Ordinance 4874-89 - Vacating a drainage easement in Glenwood Subdivision, lying within Lots 143 and 144 (Tyler) V 89-13. (PW) The applicant owns the land on both sides of this drainage easement. The easement was obtained to cover a storm line lying across Lots 143 and 144. The applicant is selling the property and the future owners are proposing to build a single family home and pool which will lie across the existing storm sewer. They are willing to pay the cost of relocating the pipe. Engineering has no objections providing the pipe is relocated and a 15-foot easement is retained. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. The City Attorney noted that a separate easement will be given to the City before second reading of the ordinance. Janet Reardon, contract holder on the property, indicated the storm line is to be capped and relocated. Discussion ensued regarding relocating the storm line to a location in the right-of-way that would be consistent with a planned drainage improvement. The Public Works Director indicated it would be some time before the City is ready to go forward on that project and relocating the storm line in the right-of-way at this time would worsen drainage conditions downstream. He stated obtaining a permit from the Department of Environmental Regulations (DER), if obtained, could take approximately 9 months. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4874-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4874-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #15 - 1989-90 Budget. The City Manager reviewed the proposed budget. He stated that 46% of the budget would be for Public Safety indicating that the number of police employees has grown. He stated that an Economic Development Director has been hired by the City and he will be concentrating his efforts on the downtown area. He stated various departments have been combined to provide for more efficiency and to maximize output. He stated the State will be mandating improvements for storm water treatment. The Phillies have extended their contract to the year 2002 generating approximately $10 million which will be turned back into the economy. The City Manager stated that the Clearwater Pass Bridge is on the State's funding list. A citizen expressed concern regarding the City providing funds for profit making organizations, mainly the Phillies, indicating that more funds should be used for necessities such as drainage projects. He requested an outside audit of the budget, that those funds provided by the Phillies be returned to the tax fund, and that the Phillies issue be placed on a referendum. Michele Krentzman, representing the League of Women Voters, expressed concern regarding the reduction of employees at Moccasin Lake Nature Park and indicated there is a need for a Water Resource Specialist and an independent Environmental Manager. A citizen stated the Church of Scientology and other churches should be responsible for paying property taxes. In response to the above, the City Manager indicated a portion of the Phillies' ticket sales and concession sales come back to the City; the contract had been drawn up by the City; an annual audit is done by an outside firm, and the field is not used exclusively by the Phllies. He said that hours at Mocassin Lake Nature Park are not being cut; volunteers are being used. He also stated the City has an environmental consciousness and is strengthening its efforts in this regard. Discussion ensued regarding how monies are spent by the City, and it was indicated there is a need to look to the future of the City. It was felt the proposed expenditures are reasonable for today's problems and that the budget is conservative. Concern was expressed regarding the financial difficulties being experienced by PACT. It was indicated this is a community issue and that a report is being requested from the Board of Directors of PACT. Discussion ensued in regard to the Center Foundation and it was indicated this organization is privately funded and will provide a recreational facility for all of Clearwater. It is projected that dollars will be saved overall. In response to a question, it was indicated the Economic Development Director's Office is being funded by the Community Redevelopment Agency (CRA). A. Ordinance #4868-89 - Declaring the Millage Rate of 5.1000 mills to be levied for the Fiscal Year beginning October 1, 1989, and ending September 30, 1990. CM The City Attorney presented Ordinance #4868-89 for first reading and read it in its entirety. Commissioner Regulski moved to pass Ordinance #4868-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. B. Ord 4869-89 - Adopting an Operating Budget for the Fiscal Year beginning October 1, 1989, and ending September 30, 1990. CM The City Attorney presented Ordinance #4869-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4869-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. C. Ordinance #4870-89 - Adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 1989, and ending September 30, 1990. (CM) The City Attorney presented Ordinance #4870-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4870-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #16 - Ordinance #4827-89 - Creating Sections 135.1001 through 135.1007 to establish the North Greenwood Commercial (CNG) District; Amending Section 134.010 to establish sign regulations for the CNG district; Creating Section 137.0235 to establish the North Greenwood Design Review Committee; Amending Section 136.006 relating to minimal structural setback for properties fronting Greenwood between Palmetto and Marshall Sts. Commissioner Regulski moved to amend Ordinance #4827-89 on page 2, in Section 135.1005, by deleting subsection (1) and substituting the following: (1) A convenience foodstore may include gasoline sales provided that gasoline dispensing units and islands are positioned at least fifteen (15) feet from all property lines, and provided that not more than eight (8) fueling spaces are provided, such fueling spaces to be outlined in paint. However, a convenience foodstore with gasoline sales may provide more than eight (8) fueling spaces with the approval of the planning and zoning board, which approval shall be obtained following the procedures for conditional uses. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4827-89 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4827-89 as amended on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. A. Resolution #89-44 - Establishing the North Greenwood Commercial District Design Standards. Commissioner Winner moved to pass and adopt Resolution #89-44 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 #17 - Ordinance #4828-89 - Land Use Plan Amendment from Commercial Tourist Facilities to Medium Density Residential (RM-16) for property located on the E side of Taft Ave. between Grant and Carlton Sts.; Lots 9-16, Blk. 1, Lincoln Place Sub. (City) LUP 89-3 The City Attorney presented Ordinance #4828-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4828-89 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 #4829-89 - Zoning Atlas Amendment from Neighborhood Commercial (CN) to Medium Density Residential (RM-16) for property located on the E side of Taft Ave. between Grant and Carlton Sts.; Lots 9-16, Blk. 1, Lincoln Place Sub. (City) Z 89-3 The City Attorney presented Ordinance #4829-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4829-89 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 #4830-89 - Land Use Plan Amendment from High Density Residential to Commercial/Tourist Facilities for property located at the SE corner of the intersection of N. Greenwood Ave. and Palm Bluff St. (Willow Run/City) LUP 89-4 The City Attorney presented Ordinance #4830-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4830-89 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 #4831-89 - Zoning Atlas Amendment from Multiple Family Residential (RM-24) to North Greenwood Commercial (CNG) for property located at the SE corner of the intersection of N. Greenwood Ave. and Palm Bluff St. (Willow Run/City) LUP 89-4 The City Attorney presented Ordinance #4831-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4831-89 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 #4832-89 - Zoning Atlas Amendment from Neighborhood Commercial (CN) to North Greenwood Commercial (CNG) for property located S of Grant St. and N of Palm Bluff St., on both sides of N. Greenwood Ave., and S of Palm Bluff St. and N of Palmetto St., on the W side of N. Greenwood Ave.: Lots 1-4, 7 & 8, Blk. 1, Lincoln Place Sub.; Lots 6-11, Blk. 3, Jackson's C.E. Sub.; Lots 6-11, Blk. D, Lots 31 & 32, Palm Park Sub.; Lots 1-7, Greenwood Manor; Lots 1-3, 10-12, Mason's Sub.; Lots 32-35, Blks. D, E & F, Greenwood Park Sub.; Lots 15-18, Blks. B & C, Greenwood Park Sub. (City) A 89-5 The City Attorney presented Ordinance #4832-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4832-89 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 #4851-89 - Zoning Atlas Amendment as Limited Industrial (IL) for property located on the N side of Palmetto St., approximately 250 ft. E of Kapp Dr.; M&B 14.07, Section 12-29-15 (Garretson) A 89-14 The City Attorney presented Ordinance #4851-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4851-89 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 #4852-89 - Annexation of property located on the N side of Palmetto st., approximately 250 ft. E of Kapp Dr.; M&B 14.07, Section 12-29-15 (Garretson) A 89-14 The City Attorney presented Ordinance #4852-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4852-89 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 #4865-89 - Relating to the Clearwater Public Library; Amending Secs. 115.03, 115.21, 115.22, 115.23 and 115.24, relating to powers and duties of the library board, deleting provision that contributions and bequests may be administered by the board without supervision of City Manager and City Commission, providing all members of board be permanent residents of the City, providing for terms of office, meetings, officers and rules of board, providing for removal of member by City Manager for non-attendance at meetings. The City Attorney presented Ordinance #4865-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4865-89 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 #4871-89 - Relating to Occupational Licenses; Amending Section 71.13, relating to duties of the Police Chief and Police Dept. re background information report requirements for certain occupational licenses. The City Attorney presented Ordinance #4871-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4871-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The meeting recessed from 8:00 p.m. to 8:11 p.m. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items 26 - 59) - Approved as submitted less Items 33, 46, 52, 54. Agreements - Approved. Item #26 - Pinellas County Amendment to Interlocal Agreement for Solid Waste Recycling Plan with Pinellas County. (CM) Item #27 - Camp, Dresser & McKee, Inc. for Professional Services, Engineer of Record. (CM) Bids & Contracts - Approved. Item #28 - Award Contract for On Site Depot Maintenance of selected PC equipment with UNISYS Corp., Tampa; $32,900. (AS) Item #29 - No Item. Item #30 - Award Contract for two (2) 3000S Service Monitors, for the City's 800 mHz Trunked Radio System, with CT Systems, Inc., Beach Grove, IN; $11,010.50 (GS) Item #31 - Contract extension (one year) for Burglar and Fire Alarm Service with Maire Co.; $15,150. (GS) Item #32 - Award Contract for 4-Wheel Drive, 4-Door Utility Vehicle with Countryside Jeep; $17,606.24. (GS) Item #33 - See page 15. Item #34 - Contract extension (one year) for Photocopy (Reproduction) Charges for FY 1989/90 with Pitney Bowes, Inc., Tampa; $80,000. (PIO) Item #35 - Award Contract for Renovation of Ross Norton Swimming Pool with Atlantic Pool Builders; $35,037. (P&R) Item #36 - Contract extension (one year) for Commercial Laboratory Analysis of wastewater and potable water, with Envirolab Inc.; $15,000. (PW) Item #37 - Contract extension (one year) for Cast Iron Meter/Valve Box Contract with Sunshine Foundry and Machine Co., St. Petersburg; $34,965. (PW) Item #38 - Contract extension (one year) C310 and C9490 Polymers with Polypure, Inc., Parsippany, N.J.; $72,000. (PW) Item #39 - Award Contract for purchase of Water Meters through a Pinellas County Cooperative Bid Contract, from Schlumberger Industries, Inc., Tallassee, AL; $100,625. (PW) Item #40 - Award Emergency Purchase Order #3072-89 for 8" Sanitary Sewer Repair, Far Horizons Mobile Home Park with Insituform Southeast, Inc.; $54,378. (PW) Item #41 - Award Contract for Emergency Repairs to 16" Subaqueous Water Main with Inter-Bay Marine Construction Co., Largo; $14,992.36. (PW) Item #42 - Contract Extension (one year) of Street Sweeping Contract with American Sweeping, Inc.; $133,126.56. (PW) Item #43 - Award Annual Contract for 4", 6" and 8" Detector Check Valves with A P Water and Sewer Supplies, Tampa; $33,975. (PW) Item #44 - Contract extension (one year) for Ninety (90) Gallon Plastic Refuse Containers with Reuter, Inc., Hopkins, MN; $150,000. (PW) Item #45 - Award Contract for Security Guard Service for Parking Garages with Janus Services, Inc., Tampa; $21,888. (PW) Item #46 - See page 15. Item #47 - Award Contract (three years) for Financial Advisor Services with Raymond James and Associates, Inc. (CM) Item #48 - Award Contract (three years) for Bond Counsel with Bryant, Miller and Olive, P.A. (CM) Plans & Plats - Approved. Item #49 - Preliminary Subdivision Plat for Oak Leaf (7.47 acres) located on the S side of C.R. 193, W of Landmark Dr. (Extension), Section 5-29-16, M&B 41.06 and 41.08 (Oak Leaf, Ltd./Dan Simmons) SUB 89-08 (PL&D) - Authorize review of preliminary subdivision plat with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the requisite SWFWMD permit application must be submitted*; 3) a note shall be provided on the plat that there will be no direct access from the platted lots to Landmark Drive. A landscape buffer which may or may not incorporate a fence or wall (preferably of a crime prevention see-through design such as picket or wrought iron) shall be provided by the developer along Landmark Drive at the time of construction of the road; 4) the building on Lot 10 must be removed prior to recordation of the plat; 5) the lot sizes must be given on the preliminary plat*; 6) as the deadend street will exceed 600 feet in length, measured to the center of the turnaround, the applicant must obtain approval of this request which is a variance to the subdivision regulations; 7) required setbacks and lot widths shall be provided on the preliminary plat*; 8) required sidewalks shall be shown on the preliminary plat*; and 9) prior to DRC, a note must be provided on the preliminary plat that states each lot will be developed in accordance with Section 133.026 requiring one shade tree to be planted per 50 feet of street frontage or an acceptable alternative for existing trees, subject to approval by Environmental Management, prior to the issuance of a certificate of occupancy (*conditions 2, 5, 7 & 8 completed prior to DRC review). Item #50 - Preliminary Site Plan for Style Auto, 2868 Gulf-to-Bay Blvd., (1.39 acres) located directly N of the T-intersection of Gulf-to-Bay Blvd. and Thornton Rd., Section 17-29-16, M&B 14.03.(David P. and Maude Lou Thompson, Style Auto/Dan Norris) PSP 89-24 (PL&D) - Authorize review of preliminary site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the site plan (dimensions) and legal description shall be revised to reflect the new right-of-way line for Gulf-to-Bay Blvd*; 3) the parking layout shall be revised in accordance with parking standards set forth in Section 136.022 and the landscaping standards of Section 136.023, to include the landscaping buffer required by Planning and Zoning Board on 8-1-89, within the new property boundaries. Areas being proposed toward meeting the required interior landscaping shall be delineated by shading or cross hatching on the site plan*; 4) the final site plan must provide a tree survey showing all protected trees on site (4" DBH and above) by size, species and location; 5) the size, location and orientation of the dumpster shall be shown on the site plan*; 6) all required site calculations of Section 137.010, including figures and percentages for paved areas and interior landscaping shall be provided on the final site plan*; and 7) one of the two driveways off Gulf to Bay Blvd. shall be eliminated (conditions 2, 3, 5, & 6 completed prior to DRC review). Item #51 - Final Site Plan for Sand Castle (Expansion/Renovation) (4.09 acres) located at 200 N. Osceola Ave., on the NW corner of Osceola Ave. and Drew St., Section 9-29-15, M&B 43.07 (Church of Scientology Flag Service Organization) PSP 89-21 (PL&D) Approve final site plan as recommended by the Development Review Committee (DRC) subject to the following conditions: 1) prior to certification copies of applications to DER and SWFWMD are to be provided to the Public Works Department; 2) prior to the issuance of a building permit, the 5-foot of right-of-way for Osceola and 25-foot of drainage, utility and sidewalk easement for Drew Street are to be dedicated to the City of Clearwater. An Affidavit of No Liens is to be provided with the dedications as required by the City Attorney; 3) prior to issuance of a C.O., the dumpster area must be visually screened; 4) the existing gas service and meter must be relocated by the City's Gas Division; 5) signs and fencing/walls are subject to separate review and permitting processes; and 6) the requisite initial building permits must be procured within six (6) months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three (3) years of date of certification of the final plan. Item #52 - See page 16. Receipt & Referral - Received and referred to the proper departments. Item #53 - Land Use Plan Amendment to Low Density Residential and RM-8 District Zoning for Four (4) Lots (0.23 acres) located on the N side of Howard St. between Scranton Ave. and Tilley Ave., Belmont 2nd Addition, Blk B, Lots 25-28. (Belmont Park Methodist Church) LUP 89-11, A 89-13 (PL&D) Item #54 - See page 17. CITY ATTORNEY Agreements, Deeds & Easements - Accepted. Item #55 - Drainage and Utilities Easement - the N 5 ft. of Lot 20, Kapok Forest Sub. (Dyer) (CA) Item #56 - Drainage Easement and Subordination Agreement - Lots 10-23, inclusive, Blk. 1, Brookwood Terrace Revised (Greater Clearwater Board of Realtors) (CA) Item #57 - Sidewalk Easement - the W 3 ft. of the N 15 ft. of Lot 17, Blk. G, Highland Terrace Manor Sub. (CA) Item #58 - Sanitary Sewer Easement - the N 5 ft. of Lot 25, Unit 1 of Crystal Heights Sub. (Harding) Item #59 - Sanitary Sewer Easement - the S 5 ft. of Lot 26, Unit 1 of Crystal Heights Sub.(Walker) Commissioner Winner moved to approve the Consent Agenda less Items Nos. 33, 46, 52, and 54 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #33 - Award Contract for Xerox Equipment Maintenance Services with Xerox Corp., Tampa; $20,028. (PIO) Commissioner Winner moved to continue this item to the next regular meeting of September 21, 1989. The motion was duly seconded and carried unanimously. Item #46 - Award Contract for Panel Office System to Corporate Interiors, Clearwater, FL: $23,926.53 (CLK) In order to provide the staff of the Clerk's Department a better work environment, it was decided to acquire new office furniture that would include panels, to reduce distraction, and work areas that were made to accommodate computer terminals and related hardware. After several unsuccessful attempts to determine what should be included in the bid, an Interior Space Designer was engaged to develop a floor plan and specifications for the bid. The floor plan was developed based on input from the staff. The designer recommended, and the Purchasing Officer concurred, that a specific product could be chosen and bid for this purchase. Based on visits to various installations of different manufacturers' systems, the CETRA system manufactured by Kimball was designated the product of choice. The designer then completed the plans and drew up the specifications for the bid. An alternate bid for a system by Shaw-Walker was submitted by Alan's Office Products, which is lower than Corporate Interiors' bid; however, does not meet bid specifications. Alan Carlson, Alan's Business Products, protested the award of this contract to Corporate Interiors stating his bid for a panel system by Shaw Walker is the low bid and exceeds the bid specifications. Concern was expressed regarding the process of soliciting bids for the panel system and the aisle width not being part of the specifications. Commissioner Nunamaker moved to continue this item to the next regular meeting of September 21, 1989. The motion was duly seconded and carried unanimously. Item #52 - Preliminary Site Plan for Lokey Mercedes (8.9 acres) located on the W side of U.S. Highway 19, north of Tropic Hills Dr., 1220 U.S. 19 S, Lokey Subdivision, Lots 1 and 2, and the S 385 ft. of Lot 1 in Sever Park, Section 19-9-16. (Lokey Mercedes) PSP 89-25 (PL&D) The applicant proposes to expand the existing car dealership. The expansion will require conditional use approval by the Planning & Zoning Board and subdivision platting. The parcel to the west is proposed to be developed as a parking lot for customers and employees with new detention areas. This will require an amendment to the LDC to allow non-commercial parking as a conditional use in an OG zone or rezoning the property to CH and changing the LUP designation to Commercial Tourist Facilities. The applicant also proposed to construct an additional drive off U.S. 19 and to move the existing drive off Tropic Hills Drive 80 feet to the west. Staff recommends the additional drive on U.S. 19 be deleted and the drive off Tropic Hills Drive remain where it currently located. Hank St. Jean, representing the applicant, indicated he concurs with staff's recommendations and agreed that the issue of the driveways to U.S. 19 and Tropic Hills Drive needs to be resolved. Discussion ensued in regard to the above and it was indicated this issue would be resolved at D.R.C. review. Commissioner Nunamaker moved to authorize review by the D.R.C. of the preliminary site plan for Lokey Mercedes located on the west side of U.S. HIghway 19 N of Tropic Hills Drive subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the dimensions for the right-of-way (from C/L) for both streets must be given on the site plan prior to DRC review; 3) the site plan shall be revised to (1) delete the proposed second driveway off U.S. 19 and (2) leave the driveway off Tropic Hills Drive at present location, prior to DRC review; 4) Tropic Hills Drive must be identified on the site plan, prior to DRC review; 5) a subdivision plat shall be submitted for City Commission review prior to submittal of site plan/plat to DRC; 6) the applicant shall obtain conditional use approval by Planning and Zoning Board for the expansion of the outdoor sales, storage, display and/or service uses prior to DRC review of the final site plan; 7) the proposed phasing plan including a time table shall be presented to the DRC at time of final site plan submittal; 8) the applicant must obtain approval of either an amendment to the code to permit noncommercial parking as a conditional use in the OG, General Office District and then related conditional use approval by Planning and Zoning Board for this site or a rezoning/Land Use Plan Change to CH/Commercial Tourist Facilities, prior to DRC review of the final site plan; 9) the final site plan must provide tree survey showing all protected trees (4" DBH or above) by size, species and location prior to DRC review; 10) the final site plan must clearly delineate by shading, cross hatching etc., all areas to be designated as interior islands for the purpose of meeting interior landscape requirements; 11) the handicapped spaces must be located near buildings as determined by Traffic Engineer; 12) the size, location and shielding of the trash container(s) shall be shown on the site plan prior to DRC review; and 13) this required landscaped strip along U.S. 19 shall be landscaped and irrigated in accordance with Section 136.023 and 14) final site plan approval be by the City Commission. Motion was duly seconded and carried unanimously. Item #54 - Zoning Atlas Amendment to RM-8 District Zoning for property (0.14 acres) located at 517 Edenville Ave., Edenville Subdivision, Blk B, Lot 3. (Alley, Rehbaum and Capes, Inc.) Z 89-14 (PL&D) The property is presently developed with a single family residence. The applicant is also the owner of the office building on the corner of Edenville Avenue and Gulf-to-Bay Boulevard and the parking lot immediately north of the property. The RM-8 zoning permits parking as a conditional use. If the Rm-8 zoning is granted, the applicant intends to request a conditional use to permit the expansion of the existing parking lot to include this parcel. The Planning & Development Director indicated that staff had advised the applicant of the possibility that this item will not be approved; however, he wanted to go forward. Concerns were expressed that this would be a spot zoning. Commissioner Winner moved to receive and refer this request to the City Clerk to be advertised for public hearing. Motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORTS Item #60 - First Reading Ordinance #4883-89 - Allowing the consumption of alcoholic beverages in Coachman Park during Jazz Holiday events. (CM) Sid Klein, Police Chief, requested allowing the consumption of alcoholic beverages at Jazz Holiday or finding an alternate location where it is easier to screen what is being brought in. He also said that a voluntary security force will be working with the police this year. In response to a question, it was indicated that public drunkenness is a difficult issue to enforce, that it is easier to enforce disorderly conduct. Three citizens spoke in opposition expressing concern indicating adoption of the ordinance will increase drinking, set a precedent, send a conflicting picture to our teens, and increase City liability. Three citizens spoke in favor of the ordinance saying it will help to eliminate verbal abuse of police and indicating drinking has been occurring at this event for the last few years. Discussion ensued regarding alternative solutions and the handling of enforcement. Direction was to try, for one year, enforcing the existing ordinance, issuing a warning for a first offense followed by the issuance of a citation if the warning is not followed. No action taken on Ordinance #4883-89. Item #61 - No Item. Item #62 - Third-Quarter Budget Review. It was requested that a transfer of dollars be made from the refurbishment fund to the insurance fund before second reading. Commissioner Regulski moved to approve the Third Quarter Budget amendments. Motion was duly seconded and carried unanimously. A. Ordinance #4866-89 - Amending the Operating Budget for the Fiscal Year ending September 30, 1989, to reflect increases and decreases in revenues and expenditures for the General Fund, Utility Funds, Bridge Fund, Marina Fund, Pier 60 Fund, Special Development Fund, and Special Program Fund. The City Manager presented Ordinance #4866-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4866-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald, and Garvey. "Nay": None. B. Ordinance #4867-89 - Amending the Capital Improvement Program Report and Budget for the Fiscal Year ending September 30, 1989, to reflect an increase in budget expenditures of $15,765,275 to expand the scope of projects in the functional categories of Public Safety, Transportation, Leisure, General Public Buildings, and Utilities; and to reflect a decrease of budget expenditures of $762,836 to reduce the scope of projects in the functional categories of Leisure and General Public Buildings; for a net increase of $15,0021,439. (CM) The City Manager presented Ordinance #4867-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4867-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald, and Garvey. "Nays": None. Item #63 - Appointment to Beautification Committee one (1) member. (CLK) (To be continued) Commissioner Winner moved to continue this item to the next cycle. The motion was duly seconded and carried unanimously. Item #64 - Appointment to Municipal Code Enforcement Board one (1) member. (CLK) Commissioner Regulski moved to appoint D. Wayne Wyatt to the Municipal Code Enforcement Board. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - First Reading Ordinances Item #65 - Ordinance #4884-89 - Amending Secs. 50.05, 50.07 and 50.09 to establish billing and collection procedures for tenant accounts. The City Attorney presented Ordinance #4884-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4884-89 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 #66 - Ordinance #4885-89 - Relating to Code Enforcement Board, amending Secs. 22.61, 22.64, 22.65, 22.66, 22.67, 22.69 and 22.70, Code of Ordinances, to change function and term of office of board members, provide enforcement procedure against repeat violations, to clarify and change various procedures. The City Attorney presented Ordinance #4885-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4885-89 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 #67 - Ordinance #4886-89 - Relating to fire alarms and security alarms; amending and renumbering Section 94.01 thru 94.07, Code of Ordinances, and creating Articles I and II within Chapter 94 to revise various procedures. Robert Surette, Assistant City Attorney, reported there is a serious problem in regard to the number of false alarms occurring. He indicated the proposed ordinance creates a permitting procedure that will provide needed information regarding alarm systems and enables computerized monitoring. There will be a permit fee of $25. Fines would be levied for false alarms and after a certain number of false alarms the Police Department would no longer respond unless certain conditions are met. The City would continue to respond to eye witness reports. Two representatives from alarm companies spoke regarding the proposed ordinance indicating concerns and requesting the opportunity to provide additional output. John Meghrin, Security Coordinator for Sears, stated in establishing the number of false alarms prior to fining and/or revocation of permit consideration should be given to the size of the buildings and the number of alarms. One citizen spoke in opposition of the $25 registration fee. Discussion ensued in regard to the above and it was indicated that letters had been sent to the various alarm companies, that the proposed ordinance included a number of requested changes by these companies, and the information obtained through the registration would be beneficial to the homeowner. Commissioner Nunamaker moved to continue Ordinance #4886-89 to the next regular meeting of September 21, 1989. Motion was duly seconded and carried unanimously. The City Attorney stated the Legal Department and the Police Department consider this ordinance to be of great significance as 95 percent of all alarms are false. Item #68 - Ordinance #4887-89 - Relating to occupational licenses, amending Secs. 71.11 and 71.14, Code of Ordinances, to prevent transfer or issuance of occupational licenses to businesses engaged in unlawful activity, creating Section 71.35 to provide for appeal of denial of transfer, issuance or renewal of occupational license. The City Attorney presented Ordinance #4887-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4887-89 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 #69 - Ordinance #4888-89 - Relating to the Land Development Code; amending Section 135.099, Code of Ordinances, relating to sale of gasoline at convenience foodstores in Neighborhood Commercial (CN) District. The City Attorney presented Ordinance #4888-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4888-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Resolutions Item #70 - Resolution #89-49 - Requesting Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon municipal property acquired for public purposes, and to grant tax exemptions. Commissioner Winner moved to pass and adopt Resolution #89-49 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. "Nay": None. Item #71 - Resolution #89-51 - Opposing the transfer of Urban Minor Arterial Roads to Pinellas County by the Florida Department of Transportation. Commissioner Winner moved to pass and adopt Resolution #89-51 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. "Nay": None. XIV - Other City Attorney Items The City Attorney reported the proposed County moratorium on development ordinance is being rewritten and should be ready for discussion at the September 18, 1989 Work Session. He reported the City has received $425,000 from Lloyds of London for a claim regarding the Clearwater Pass Bridge. XV - City Manager Verbal Reports - none. XVI - Other Commission Action - none. XVII - Adjournment The meeting adjourned at 10:11 P.M.