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09/19/1991 CITY COMMISSION MEETING September 19, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 19, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager Paul Richard Hull Assistant City Attorney Cecil Henderson Assistant PW Director/Engineering 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 Pastor David Malheiro of The Skycrest Baptist 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. 1 service pin and 1 30-year ring were awarded to City employees. IV - Introductions and Awards. Proclamation: Safety Awareness Week - 9/23-27/91 V - Presentations a) The "Challenge 2000" new housing program was presented. Clearwater Neighborhood Housing Services, certified families, participating banks and City staff were recognized and thanked for their efforts in implementing the program. b) Vision Cable Vice President and General Manager James Waldo showed a five minute video that was a top 10 finalist in the Arts and Entertainment Network's community contest. The video was about The Long Center. VI - Minutes of the Regular Meeting of September 5, 1991 and Special Meeting of August 29, 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of September 5, 1991, and the special meeting of August 29, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Bob Wright requested the time allowed for Citizens to be Heard regarding items not on the agenda be expanded to five minutes. He reported the manager of his condominium has been informed there will be a 40% increase in the water rates. He requested the public be given an opportunity to address this. Art Deegan requested responses to the Clearwater Beach Task Force Recommendations. VIII - PUBLIC HEARINGS ITEM # 9 - Public Hearing & First Reading Ord. #5135-91 - Vacating 15' alley lying along W side of Lots 35 thru 39 and E side of Lots 40 thru 44, Court Square Sub. (Pinellas County V91-09)(PW) Pinellas County is now the owner of all of the lots abutting the subject alley. In order to control the access and develop their land, they are requesting the alley be vacated. This petition has been reviewed by the various City Departments/Divisions concerned, and there were no objections, providing the alley is retained full width as a drainage and utility easement. Florida Power and Vision Cable have facilities within the alley and will require a utility easement be retained. General Telephone has reviewed this request and has no objections. Commissioner Regulski moved to approve the vacation of the full 15 foot alley lying along the west side of Lots 35-39 and east side of Lots 40-44, Court Square Subdivision, subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5135-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5135-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #5130-91, #5131-91 & #5132-91 Annexation, Land Use Plan to Industrial and IL Zoning for property located in Sec. 1-29-15, M&B 34.272 (Johnson, A91-09, LUP91-10)(PLD) The applicant intends to use this parcel for parking for his adjacent facilities, Instrument Transformers, Inc. The Countywide Future Land Use Plan shows the area of this request as HI (Heavy Industrial). The site plan for this development was submitted to the Commission on September 5, 1991, for receipt and referral. The right-of-way for Calumet Street dead ends at the northwest corner of the property. There is no dedicated street right-of-way abutting the parcel to be annexed. As the property is to be used in conjunction with the adjacent parcel to the north, and the site plan shows the parcel can be utilized as proposed, the lack of abutting right-of-way will not affect the proposed development of the property. There is currently a 25 foot drainage and utility easement along a portion of the north side of the property. The need for additional easements will be addressed during the site plan review. Sanitary sewerage will not be required for the proposed parking facilities. Water is available to the parcel. Jim Polatty, Planning and Development Director, reported the Planning and Zoning Board recommends approval of this request. Commissioner Fitzgerald moved to approve the Annexation, IL Zoning, and Land Use Plan Designation of Industrial for the subject property. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5130-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5130-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The Assistant City Attorney presented Ordinance #5131-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5131-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The Assistant City Attorney presented Ordinance #5132-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5132-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #11 - Variances to the Sign Regulations for property located at 323 Jeffords St., Sec. 21-29-15 (Morton Plan Hospital Association, Inc. SV91-18)(PLD) The applicant's first request is for permission to install two business identification wall signs of 24 sq.ft. apiece for the Women's Center. The second request is for permission to install an additional 9 sq.ft. on 29 new directional signs throughout the hospital property identifying parking areas and facility centers. These directional signs are to be mounted on poles with a maximum height of seven feet. The City Manager reported the applicant is requesting the two variances be split and that the one for the directional signs be continued. In reviewing code requirements for the two business identification signs, staff was unable to locate specific language addressing such signage for a multi-use, campus-style hospital like Morton Plant. Morton Plant represents a unique situation; no other Public/Semi-Public land use in the City, including Clearwater Community Hospital, is similar. The various hospital centers/services are not "freestanding business establishments" as defined by the code, neither does the hospital fit the "retail center" or "office center" categories due to its size (greater than 25,000 sq.ft.). Consequently, Morton Plant has been defined as a "shopping center" for the purpose of business identification sign requirements. The sign regulations specify major tenants of the center may be permitted a sign with a maximum surface area of 128 sq.ft. All other tenants are allowed a single sign with a maximum surface area not to exceed 48 sq.ft. The applicant is requesting a total of 48 sq.ft. of signage, but provided in two 24 sq.ft. signs. Emil Marquardt, attorney for the hospital, indicated the building is difficult to see and people need to be able to identify the facility. He reported in regard to the directional signs that some of the signs are not in the City of Clearwater. They are reviewing the need for the remaining signs and request this be continued to October 17, 1991. Cedio Saltarelli, President of Harbor Oaks Association, requested the hospital inform them of the new proposals for the directional signs. Commissioner Nunamaker moved to approve the request to install two 24 square feet business identification wall signs for the Women's Center subject to the following conditions: a) No other business identification signage for the Women's Center shall be permitted and b) the requisite sign permit shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue the variance for directional signs to the meeting of October 17, 1991. The motion was duly seconded and carried unanimously. ITEM #12 - Variances to the Sign Regulations for property located at 101 N Starcrest Dr., Sec. 13-29-15, M&B 11.07 (Roger Bouchard Insurance SV91-19)(PLD) The applicant is requesting: 1) an additional (second) property identification sign of 33.75 sq.ft. in addition to the one per property allowed; and 2) an increase in the permitted size of such sign for a Limited Office district from 24 sq.ft. to 33.75 sq.ft. The applicant has a single building on his 3.4 acre parcel, which borders Starcrest Drive, Main Avenue and Cleveland Street (total continuous street frontage of 1301.46 ft.). The applicant presently has an approved 48 sq.ft. property identification sign ( a wall sign) facing Main Avenue. The applicant also has two pole signs, which are 7 feet tall (on Main) and 7.5 feet tall (on Starcrest). Because of their height, these pole signs are considered to be equivalent to ground signs. Sec. 134.010(d) permits one additional ground sign of up to 24 sq.ft. for each 500 feet increment of continuous frontage. "Roger Bouchard Insurance, Inc." has a surface area of 24 sq.ft. The other sign faces are approximately 4 sq.ft. each. The applicant is agreeable to removing the smaller sign faces from these signs which will reduce them to an allowable size of 24 sq.ft. each. There are also two, previously authorized, small business identification signs on the building. The variances requested are to legitimize the existing, masonry ground sign on Starcrest Drive. The applicant's property fronts on three streets, and the sign on Main Avenue does not provide identification of the property from either Cleveland or Starcrest. This is an example of a property running the full width of the block with frontages on multiple streets. The request for adequate signage for identification from both street frontages (Starcrest and Main) is reasonable and in keeping with the purpose of the sign regulations. This request has been reviewed in terms of the proposed Countywide sign code and is in compliance with that code. A question was raised at the Worksession regarding the applicant installing another wall sign, removing the second property identification sign and being in compliance with the code. Jim Polatty, Planning and Development Director, reported that due to the limits for additional signs, another wall sign would not be permitted. Angie Cunningham, Manager for Roger Bouchard Insurance, stated the sign in question existed when the property was purchased and they simply replaced the lettering. Commissioner Regulski moved to grant a variance for one additional property identification sign, such sign to be a ground sign with a surface area not to exceed 33.75 square feet, subject to the following conditions: 1) the surface area of the two existing pole signs shall be reduced to 24 square feet each; 2) the existing pole signs shall be restricted to their current height; and 3) all required permits shall be obtained within six months of this public hearing. The motion was duly seconded and carried unanimously. A question was raised whether granting of this variance would allow the sign to remain after the expiration of the amortization period. Commissioner Regulski moved to rescind the previous action. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to grant a variance for one additional property identification sign, such sign to be a ground sign with a surface area not to exceed 33.75 square feet, subject to the following conditions: 1) the surface area of the two existing pole signs shall be reduced to 24 square feet each; 2) the existing pole signs shall be restricted to their current height; and 3) all required permits shall be obtained within six months of this public hearing with the understanding the sign can continue past the October 1992 amortization period. The motion was duly seconded and carried unanimously. ITEM #13 - (Cont. from 8/15/91) Alcoholic Beverage Distance Separation Variance for Stinger's located at 18443 and 18449 US19N, Levitz Plaza (formerly Grant's Plaza), Units 4-6, Sec. 20-29-16, M&Bs 33.02 & 33.021 (Home Shopping Network Realty, Inc. AB91-17)(PLD) The applicant has requested its alcoholic beverage separation distance variance request be withdrawn from consideration. Commissioner Berfield moved to approve withdrawal of this request. The motion was duly seconded and carried unanimously. ITEM #14 - Park Place - Notice of Proposed Change to an already approved DRI (Building Operation Holding Company LUP91-04, A91-01) (PLD) The applicant has requested this item be continued to the October 17, 1991 City Commission meeting. Commissioner Fitzgerald moved to continue this item to the scheduled meeting of October 17, 1991. The motion was duly seconded and carried unanimously. ITEM #15 - Approve the Clearwater Housing Affordability Strategy (CHAS) prepared by staff of Pinellas County Consortium and forward to the Department of Housing and Urban Development (PLD) Preparation of a Housing Assistance Plan (HAP) has been a requirement for Community Development Block Grant (CDBG) funding. In early 1991, the Federal legislation was revised to replace the HAP with the Comprehensive Housing Affordability Strategy (CHAS). Clearwater, Largo and Pinellas County formed a consortium for the purpose of eligibility under the HOMES grant program, therefore, the CHAS must be prepared on a consortium-wide basis. The HOMES grant program will replace several existing programs. The HOMES regulations have not yet been published. The CHAS was prepared as a joint staff effort of Clearwater, Pinellas County and Largo. The Clearwater portion of CHAS includes the current efforts in new construction and rehabilitation goals for assistance to elderly, homeless and rental populations, and a summary of the efforts of private non-profit housing agencies. Annual updates are required, and the entire CHAS must be revised every five years. The CHAS was the subject of a combined meeting of the Consortium Neighborhood Advisory Committees on August 21. The Clearwater Neighborhood Advisory Committee met on September 10 to review CHAS. The NAC recommended approval with the following revision: Page 20 of Appendix 4 be amended to delete the following sentence: "Such housing should also be placed in areas away from existing housing projects, areas of high minority concentrations and areas designated as subject to flooding". Commission consensus at Worksession was to remove this sentence. Commissioner Berfield moved to approve the Clearwater Housing Affordability Strategy (CHAS) and forward it to the Department of Housing and Urban Development. The motion was duly seconded and carried unanimously. ITEM #16 - Public Hearing & First Reading Ord. #5123-91 - Relating to nuisances; amending Secs. 95.05, 95.07 and 95.08 (lot clearing)(PLD) The proposed ordinance has been prepared in order to streamline the process for lot clearing violations. Staff identifies the following problems with the existing process: 1) all lot clearing violations are required to be forwarded to the Municipal Code Enforcement Board (MCEB), whether the property owner contests the violation or not, 2) the process takes too long; all lot clearing violations must be posted a minimum of 21 days before the MCEB hearing, 3) inoperative vehicles are allowed to be stored on residential properties for up to 30 days, and 4) administrative costs normally exceed the $150.00 fee charged. The draft ordinance addresses these problems in the following manner: 1) The MCEB would hear only those cases in which property owners elect to appeal the notice of violation; 2) The minimum time required for posting of lot clearing violations would be reduced from 21 days to 10 days. Within the 10 day period, the property owner would be required to either clear the property or file a notice of appeal to the MCEB. If the owner fails to do either, the City Manager may authorize entry upon the property and take action necessary to remedy the violation at the owner's expense. In addition, the owner would be responsible for the payment of an administrative fee to offset staff costs for inspections, notices, case preparation, communications, photographs, billings, and certified mailing; 3) The 30 day grace period for storage of inoperative vehicles on residential properties would be eliminated; and 4) The administrative costs have been increased to $200.00 reflecting present actual costs. On August 14, 1991, the MCEB reviewed the ordinance and recommended it be approved as proposed. On September 3, 1991, the Planning and Zoning Board reviewed the ordinance and expressed concern that there exists no penalty applicable to repeat violators, and the 10 day compliance period starting from the date of posting would not afford ample time for out-of-town violators to correct the violations. The Planning and Zoning Board subsequently recommended the ordinance be approved subject to the following: 1) repeat violators be subjected to a penalty; in particular, the Board suggested the administrative fee be increased for repeat violators, and 2) the abatement/appeal period be revised to allow property owners 10 days from the date of signature on the returned certified mail receipt to either comply or appeal and, in the event the notice is not signed or not able to be delivered, the abatement/appeal period would end 21 days after the date of posting. Staff agrees with the Planning and Zoning Board that repeat violators should be subjected to a penalty, but does not agree that increasing the administrative fee is the appropriate avenue to accomplish this. Staff recommends instead that an additional amendment to the Code be processed that would empower the MCEB to levy fines upon repeat violators in accordance with the provisions of Section 22.67 of the Code. To date, the MCEB process applicable to lot clearing has been strictly remedial in nature, not punitive. Staff does not concur the Planning and Zoning Board recommendation to allow as long as 21 days after the date of posting to abate lot clearing violations. It is staff's position that there exists an expedient government need to abate lot clearing violations. Staff recommends 10 days to abate such violations. In response to a question, it was indicated liens for lot mowing costs are subordinate to mortgages on property. Commissioner Nunamaker moved to approve the amendment of Ordinance #5123-91. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5123-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5123-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Public Hearing & First Reading Ord. #5129-91 - Amending Sec. 72.15, relating to closing hours of alcoholic beverage establishments (PLD) The City Police Department has identified a practice concerning the service and consumption of alcoholic beverages which, in effect, "gets around" City regulations concerning alcoholic beverages. Some restaurants, nightclubs and taverns permit the service and/or consumption of alcoholic beverages after the time period (generally 2:00 AM) specified in the code for alcoholic beverage sales has passed. For example, a pitcher of beer sold at 1:59 AM may still be consumed at 3:00 AM under the current code. The proposed ordinance would simply impose the same conditions for alcoholic beverage service and consumption as are currently imposed for alcoholic beverage sales. Commissioner Nunamaker moved to approve the amendment to Section 72.15 of the City Code concerning the Sale or Service of Alcoholic Beverages. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5129-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5129-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #18 - Ord. #5128-91 - Relating to vehicular traffic, creating Ch. 135, consisting of Secs. 125.01 thru 125.07, restricting practice of "cruising" or unnecessary repetitive driving on certain streets, providing for fines, effective date, and automatic repeal as of 5/1/92 The Assistant City Attorney presented Ordinance #5128-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5128-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #19 - Ord. #5125-91 - Land Use Plan Amendment for property at NE corner of State St. and Betty Lane to Recreation (City LUP90-20) The Assistant City Attorney presented Ordinance #5125-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5125-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #20 - Ord. #5126-91 - OS/R Zoning for property at NE corner of State St. and Betty Lane (City A90-14) The Assistant City Attorney presented Ordinance #5126-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5126-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #21 - Ord. #5133-91 - Relating to water shortage plan, amending Secs. 52.43 thru 52.50, defining "Code Enforcement Officer" and "water shortage plan" The Assistant City Attorney presented Ordinance #5133-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5133-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #22 - Ord. #5134-91 - Amending Secs. 1.08, 71.36, 93.04, 93.28, 94.02, 95.15 & 137.034 - revising a number of provisions in the City Code, relating to code enforcement and violations relating to occupational licenses and business regulation, fire prevention and protection, fire prevention code, false fire alarms, public nuisances, and the land development code The Assistant City Attorney presented Ordinance #5134-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5134-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #23-47) - Approved as submitted. Bids & Contracts - Awarded. ITEM #23 - Extension of contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/8/91-10/7/92, for an estimated total of $33,250 (AS) ITEM #24 - Contract to replace 26,500' of 5/8" X-trube gas main within Woodvalley Sub. with 5/8" Polyethylene gas pipe to Mueller Contractors, Inc., Medley, FL, for $68,900 (GAS) ITEM #25 - Annual contract to purchase black 3408 Polyethylene fittings to Phillips Engineering Co., Clearwater, FL, at an estimated cost of $35,986.85 and to Perfection Corp., Madison, OH, at an estimated cost of $7,012.05 for the period 9/23/91-9/22/92, for a total of $42,998.90 (GAS) ITEM #26 - Extension of one-year contract for vehicle lubrication services to Oil Can Henry's, Clearwater, FL, for the period 10/1/91-9/30/92, at an estimated cost of $23,650 (GS) ITEM #27 - Contract for burglar and fire alarm services on a month-to-month basis for up to six months to Maire Co., Clearwater, FL, for an estimated $9,000 (GS) ITEM #28 - Extension of contract for Temporary Employment Services with Great American Temporary Services on a month-to-month basis, not to exceed $10,000 (HR) ITEM #29 - Continuation of contract for copier services with Pitney Bowes Inc., Tampa, FL, for the second year of a five year contract (11/1/91-10/31/92) at an estimated cost of $84,000 (PIO) ITEM #30 - Purchase Dance Band Services of Paul Spangnuolo Band for the period 10/1/91-9/30/92 for a total price of $20,400 (PR) ITEM #31 - One-year extension to existing annual contract to purchase miscellaneous cast iron meter/valve boxes, lids, covers, etc. from Sunshine Foundry and Machine Company, St. Petersburg, FL, for the period 10/1/91-9/30/92, for an estimated amount of $35,704.11 (PW) ITEM #32 - Purchase of crushed shell to Sun City Shell, Inc., Sun City, FL, for the period 10/1/91-9/30/92, at an estimated cost of $14,000 (PW) ITEM #33 - Contract for Morningside Recreation Center Building Renovations to Par Builders II, Inc., for $71,000 (PW) ITEM #34 - Contract for 1991 Sidewalk Replacement to MTM Contractors, St. Petersburg, FL, for $118,120 (PW) ITEM #35 - Contract to purchase Holiday decorating services over a 4 year period (12/1/91-1/15/95) subject to annual fund availability to Clark Sales Display Inc., for a total of $57,411.60 (PW) Citizens & Staff Requests - Approved. ITEM #36 - Sale of excess Sani-tare diffusers for $1,800 to the City of Largo (AS) ITEM #37 - Declare three GMC Cab and Chassis Big Wheel sludge spreading trucks with 1,600 gallon stainless steel tanks used at the Hillsborough County sludge farm surplus to city needs and authorization of sale to highest bidder (GS) ITEM #38 - Payment of up to $150,000 to present vendor, Mansfield Oil Co., Gainesville, GA, for vehicle and equipment fuel in the interim period while the County Co-Op secures an extension of the present contract (GS) ITEM #39 - Request for waiver of all city fees and charges for the 1991 Jazz Holiday and authorization for The Clearwater Jazz Holiday Foundation, Inc. to approve all vendors and concessionaires, estimated cost of $15,700 (PR) ITEM #40 - Financial Plan for accomplishing City's Wastewater Treatment and Sanitary Sewer construction needs (See Exhibit A attached to these minutes)(PW) ITEM #41 - Approve Purchase Requisition to reimburse Safety Harbor for assistance with storm debris removal during the period 5/18/91-6/1/91 in the amount of $11,207.42 (PW) ITEM #42 - Direction to prepare for consideration a LDCTA to permit veterinary clinic uses as conditional uses in the Commercial Center zoning district (PLD) Change Orders - Approved. ITEM #43 - C.O. to installation of Phase I, Pasco extension 6" gas main, increasing the amount by $15,366.25 for a new total of $57,804.55 (GAS) ITEM #44 - C.O.#9 to the Northeast Advanced Pollution Control Facility increasing the amount by $161,700, adjusting the total to $20,209,415 (PW) ITEM #45 - C.O.#11 to the East Advanced Pollution Control Facility increasing the amount by $20,761, adjusting the total to $14,500,499 (PW) Plans & Plats - Approved. ITEM #46 - Preliminary Site Plan for O'Keefe's Restaurant located on the SE corner of S. Ft. Harrison Ave. and Jeffords St., at 1219 S. Ft. Harrison Ave., 1.36 acres (Duquesnay)(PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: the plan shall be revised prior to review to show the following: a) Detention/stormwater treatment areas that conform the City's Drainage Design Criteria without the use of vertical walls; b) Parking lot entrances, aisle widths, and parking calculations in accordance with Code; c) Landscaping around the perimeter of the warehouse building; d) Curb and gutter installed by the applicant along Hamlet Street; and Signs and fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #47 - Review Interlocal Agreement with Pinellas County and refer to City Clerk to be advertised for public hearing (PLD) Commissioner Fitzgerald 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 REPORT ITEM #48 - Res. #91-36 - authorizing execution of Community Development Grant Sub-recipient Contracts with certain nonprofit corporations and approving agreement form to be used for such (PLD) On June 20, 1991, the Commission approved the 17th year Community Development Block Grant Final Statement and Objectives for FY91-92. Agreements with thirteen of the approved sub-recipients have been developed. These agreements all have similar provisions and are presented for Commission approval by Resolution #91-36 which sets forth the basic agreement form and summarizes the agreements to be executed for an October 1 activation date. A direct contract will be executed with each of the agencies. Total funding for these contracts will come from CDBG revenues. Commissioner Berfield moved to authorize the execution of Community Development Grant Sub-recipient Contracts between the City of Clearwater and certain non-profit corporations and approve the agreement form to be used for such purposes. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Resolution #91-36 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-36 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #49 - Maas Brothers Property Citizens Task Force - establishment and appointment of members (ED) The City of Clearwater made an offer on September 5, 1991, to purchase the property which currently houses the downtown Maas Brothers Department Store. The $1.9 million dollars bid for the 3.8 acres of land and improvements is subject to bankruptcy court approval and must rest with the court for a period of 50 days during which qualified bidders can submit offers that exceed the City's bid by at least 5%. It is the City Commission's wish that a Task Force be established to study potential uses for the property and to make recommendations on such uses to the Commission in the event the City is ultimately successful in acquiring the property. Staff recommends the Task Force be made up of 15 members and that those members be either residents of Clearwater or own property in Clearwater. Concern was expressed regarding one of the tasks requiring the Task Force be available for various association meetings. It was the consensus of the Commission for this task to read: "To receive public input either through public meetings identified for that specific purpose or other means developed by the Task Force". Commissioner Regulski moved to approve the Mission Statement and list of tasks. The motion was duly seconded and carried unanimously. The City Manager requested each Commissioner appoint three members. A meeting will be scheduled as soon as possible for the Task Force to organize and begin its work. Commissioner Fitzgerald appointed Robert Kennedy, Ed Mazur, and John B. Johnson. Commissioner Berfield appointed Joshua Magidson, Jim Stewart and Debra Weible. Commissioner Regulski appointed Jackie Tobin, Wray Register, and Phoebe Moss. Commissioner Nunamaker appointed Joann Faruggia and Bob Bickerstaffe (He later notified staff his third appointment is Stephen Saliga). Mayor Garvey appointed Nancy Simmons, Jim Graham and Hal Ebersol. ITEM #50 - Fund Transfer for Nagano City, Japan, Sister City activities This year several of the gifts that are regularly presented to the Nagano City students, young workers and teachers had been depleted. In order to receive the best possible price for the tee-shirts and visors, staff ordered in quantity. These supplies will be sufficient to cover several visits. The transfer of $1,500 from the General Fund to the Special Development Fund will also include preparations for the arrival of the Nagano City Officials in November 1991. It was stated funds for the reception are in the 91/92 Budget. A concern was expressed that more money should have been included in 91/92 as Clearwater now has three sister cities. Commissioner Berfield moved to approve a budget increase of $1,500 to the Sister City Program and approve a third quarter transfer of $1,500 from the General Fund to the Special Program Fund to provide for this increase. The motion was duly seconded and carried unanimously. ITEM #51 - Third Quarter Budget Review: (CM) The City Manager reported he will be reviewing the need for emergency generators. Approval of the actual purchase, if needed, will come to the Commission. The third quarter General Fund budget amendments reflect a net increase of $115,443 over the mid year amended budget. Revenue projections increased $115,443 and operating expenditures decreased $169,552 reflecting an increase in the transfer to Fund Balance of $284,995 at Third Quarter. The third quarter Utility System budget amendments reflect the transfer of interest earnings through September 30, 1990 from the Water and Sewer bond funds ($8,196,689) to be reflected as undesignated retained earnings of the Water and Sewer Fund. The amendments also appropriate the transfer of funding to the Capital Improvement program for the Sludge Treatment facilities ($2,380,000) and the Northeast generator ($830,000), and the transfer of recycling grant proceeds ($286,625) to the capital improvement fund. The third quarter Bridge budget amendments reflect the settlement of the bridge insurance claim with Appalachian Insurance Company and the appropriation of funding for the Engineers to proceed with the design and construction management of repairs to the Clearwater Pass Bridge. Revenues and Expenditures regarding the Marina and Airpark are approximately as anticipated and no amendments are proposed to their budgets at third quarter. Amendments to the Parking Fund at third quarter provide funding to the Capital Improvement Fund for the construction of the Marina parking lot and additional funding for the replacement of two Jolly Trolleys. Anticipated revenues regarding Pier 60 for the fiscal year 1990/91 are expected to be approximately $5,000 less than the mid year amended budget. The third quarter Internal Services Funds amendments reflect a decrease in anticipated revenues from insurance charges and the reimbursement to the General Fund, the Solid Waste Fund, and the Garage Fund for costs associated with the April 25th storm. The amendments to the Capital Improvement program total a net increase of $6,627,343 primarily reflecting the Commission approved transfer of Undesignated Retained Earnings of the Water and Sewer Fund to establish funding for the construction of a proposed Sludge Treatment Facility ($2,380,000) and to fund a project for the construction of the Northeast Engine Generator ($830,000). A project has also been established for the purchase of the Maas Brothers property ($1,925,000). Commissioner Nunamaker moved to approve the Third Quarter budget amendments. The motion was duly seconded and carried unanimously. a. Ord. #5140-91 - Operating Budget The Assistant City Attorney presented Ordinance #5140-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5140-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. b. Ord. #5141-91 - Capital Improvement Project Budget The Assistant City Attorney presented Ordinance #5141-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5141-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions ITEM #52 - Res. #91-37 - Dedicating portion of Frank Tack Park located in Sec. 1-29-15, as additional r-o-w for Sunset Point Rd.; authorizing conveyance to Pinellas County of temporary right of entry over portion of park property located N of and adjoining additional r-o-w The Assistant City Attorney presented Resolution #91-37 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-37 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #53 - Res. #91-39 - Amending Res. #79-7 which dedicated certain city-owned property abutting Clearwater Bay for public park and open space use, Correcting legal description of property and providing a retroactive effective date The Assistant City Attorney presented Resolution #91-39 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-39 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items - None. XIV - City Manager Verbal Reports The City Manager reported that after a series of inspections right after the recent fish kill, the Department of Natural Resources (DNR) informed the City it needs permits for mechanical beach cleaning. The application for the permit will require a turtle protection plan to be included. Until permits can be obtained, the beach will be cleaned by hand. Staff will attempt to obtain a temporary permit and will pursue the full permit as quickly as possible. XV - Other Commission Action Commissioner Fitzgerald informed the Commission that Tampa Bay Regional Planning Council (TBRPC) had agreed on all the goals in their plan with the exception of three: natural systems, mining and traffic. Additional public hearings will be held on these topics. He also reported the proposed Countywide Sign Code had been amended by the County Commission in such a way that it will be difficult to obtain concurrence from all municipalities. It was requested the City Commission be provided with the amendments made by the County. XVI - Adjournment The meeting adjourned at 7:45 p.m.