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11/05/1992 CITY COMMISSION MEETING November 5, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 5, 1992 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Michael J. Wright 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 Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. Susan Stephenson, Documents and Records Supervisor, City Clerk Department was presented The Employee of the Month Award for October, 1992. ITEM #4 - Introductions and Awards A Citation of Appreciation was presented to Bruce Cardinal for service on the Municipal Code Enforcement Board. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of October 15, 1992 Commissioner Fitzgerald pointed out the word "with" in the first paragraph, last sentence on page 7 was omitted. The minutes will be corrected to reflect this change. A recommendation was made to include the standards for approval in the motion when granting future sign variances. Consensus was to include these standards in future motions. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of October 15, 1992, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Michael Nardy, representing the Sand Key Civic Association and Ed Armstrong, representing Key Investment Group, spoke in opposition to spending impact fees collected on Sand Key for purchase of Drew Street property. It was felt this money should be used to purchase property on Sand Key in order to meet parking requirements for beach renourishment. The City Manager stated the proposal is to replace the more restrictive impact fee monies with less restrictive Penny for Pinellas funds. He indicated about one-half of the impact fees collected on Sand Key would be needed to purchase the 3.8 acres proposed to be purchased. He indicated a request to purchase this property would be on the December 3, 1992 agenda. Frank Bowmer requested reconsideration of Bayview Baptist Church Site Plan. He felt the zoning of public/semi-public was inappropriate and not consistent with the comprehensive plan. He also alleged misrepresentations on the site plan. He said the church has not been properly maintained and has removed approximately 50 trees from the site which has resulted in a drainage problem. Paul Shuman and JoAnn Watson complained regarding the work done on the rehabilitation of their homes. They requested review of the loan program. Tom Sehlhorst requested assistance in obtaining rezoning and/or variances he needs to reopen his business(es) along the Pinellas Trail. Fred Thomas, representing the Clearwater Beach Association, distributed copies of the book, "Seaside," to the Commission indicating this is one of the best works he has seen on community planning. He requested a straw ballot regarding the use of the Maas Brothers property be placed on the March ballot. Brian Morris expressed concern regarding the sign code being discriminatory. He requested all existing signs be grandfathered. Steve Saliga requested the minority on the Maas Task Force be empowered to work with staff to come up with the best solution for the Maas Brothers property. PUBLIC HEARINGS ITEM #8 - Public Hearing - Res. #92-60 - authorizing the placement of liens on properties for unpaid utility bills (AS) The property owners noted on the lien proposal listing have delinquent accounts with the utility system for amounts over $100.00. The Utility Customer Support Division has notified these property owners of their indebtedness and the fact the City may file a lien on their property for the amount of the delinquent account. The property owners have also been notified by the City Clerk of the Public Hearing regarding their indebtedness. The City Attorney presented Resolution #92-60 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-60 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #9 - Public Hearing - Vacating portion of Pinellas Street, lying E of Lincoln Ave., S of Lot 40 and N of Lot 41 of Oakland Heights Sub. (Auto Clinic by J&M Corp. V92-17)(PW) This portion of Pinellas Street is one block long, connects Adams Avenue with Lincoln Avenue and is located on the east side of Sears Town. The applicant has an awning that was built into the existing right-of-way of Pinellas Street. The applicant is requesting the City to vacate the existing 60 foot right-of-way of Pinellas Street lying south of Lot 40 and north of Lot 41, Oakland Heights Subdivision. The petition has been reviewed by various City Departments and Divisions concerned. The Engineering Division objects to this vacation request. The Transportation Group recommends denial because the access for the residences along Adams Avenue would be in excess of 1,200 feet. The Planning and Development Department recommends denial because it would create a nonconforming use and setbacks and restricts access to the residential neighborhood to the east. The Building Official reports the awning was built without permits and currently is being fined $25.00 per day for not being in compliance with the Code Board. The Gas Department has an existing 2 inch gas main in the right-of-way of Pinellas Street and has no objections to the vacation request provided full width is maintained as a Utility Easement. Engineering objects to this request because it would leave Adams Avenue with one access point, that being from Lakeview Road. All other departments and divisions concerned have no objections. If this vacation is considered, the County should vacate their portion lying south of Lot 16 and north of Lot 15, Oakland Heights Subdivision. The three utility companies have no objections to the request provided it be retained full width as a Utility Easement. Commissioner Deegan moved to deny the request to vacate the right-of-way of Pinellas Street lying south of Lot 40 and north of Lot 41 in the Oakland Heights Subdivision. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ords. #5292-92, #5293-92 & #5294-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1867 East Dr., Clearwater Highlands Unit A, Blk A, Lot 2 (Lee A91-11, LUP91-12)(PLD) The lot is one of thirteen lots, in a developed single family area, forming a County enclave within the City. The Commission requested that the owners of the other properties in the enclave be canvassed to see if they would be interested in annexing at this time. This was done, and the result was there are no additional requests for annexation from this enclave. Three of the owners did express an interest, but the cost of sewer impact fee and sewer assessment were prohibitive for these senior citizens. They have opted to wait until their septic systems fail before annexing. The applicant's lot is contiguous to the City along its front and rear property lines. It is proposed to give the applicant's property the same Land Use Plan Classification and zoning as the other properties in Clearwater Highlands which are in the City, Low Density Residential and RS-8. The County and Countywide Future Land Use classifications for this lot is Low Density Residential (5 u.p.a.max.), a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a.max.). Pinellas County Planning Council review of the City's proposed Future Land Use Classification will be required. The Planning and Zoning Board approved this application at their October 13, 1992 meeting. Commissioner Fitzgerald moved to approve annexation, a Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5292-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5292-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5293-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5293-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5294-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5294-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #5288-92, #5289-92 & #5290-92 - Annexation, Land Use Plan Amendment to Medium Density Residential and RMH Zoning for property located at 2975 Gulf-to-Bay Blvd., Bay Breeze Trailer Park, William Brown's Sub. of Bayview, Lot 17 and part of Lot 2, approx. 2.4 acres (Kirkpatrick A92-11, LUP92-18)(PLD) This request for annexation is for the portion of Bay Breeze Trailer Court not currently in the City, except for the recreational area on the bay side of the trailer park. This latter area will be the subject of an agreement between the City and the applicants, which will require this property to be annexed within the next five years. The applicants are requesting annexation in order to connect the remaining 29 unsewered mobile homes to the City's sewer system. There is an existing City sewer line along the south side of the property proposed for annexation which can provide service to the mobile homes on the property to be annexed. The Department of Public Works is working with the applicant to see what, if any, improvements must be made in his on-site collection system prior to connecting the remaining portion of the trailer park into the City's sewerage system. Rogers Street, a dedicated street, passes through the property proposed for annexation. The abutting portion of this street will be annexed with the applicants' property. On October 13, 1992, the Planning and Zoning Board recommended approval of the request. The County and Countywide Future Land Use Classification for this property is Low Medium Density Residential (10 u.p.a.max.) whereas the proposed City Future Land Use Classification for this parcel is Medium Density Residential (16 u.p.a.max.). The proposed Land Use Classification will be subject to review by the Pinellas Planning Council. Ultimately, the property will be included in the residential low medium category on both the City and countywide plans as part of the consistency program. Commissioner Berfield moved to approve annexation, a Land Use Plan Amendment to Medium Density Residential and RMH Zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5288-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5288-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5289-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5289-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5290-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5290-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #5286-92 & #5287-92 - Land Use Plan Amendment to Commercial Tourist Facilities, CPD Zoning and Final Site Plan for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15 (Sun Bank of Tampa Bay LUP92-14, Z92-08)(PLD) CPD zoning is requested in order to permit the development of the property as a gas station/convenience store, such development to be carried out in accordance with the approved site plan. Also, CPD zoning would enable the City to restrict the potential uses of the property to those specifically requested. Prior to this development proposal, the subject property was used as a bank with drive-through teller lanes. The bank facility has been vacant and unoccupied for several years. The applicant proposes to raze the existing bank building and construct a gasoline station/convenience mart with a car wash/storage facility. The applicant desires to obtain a conditional use for package alcoholic beverage sales at a later date. The subject property is located at the southwest corner of Sunset Point and Belcher Roads. Belcher Road is identified as a scenic/noncommercial corridor on the Countywide Land Use Plan. This designation is intended to preclude commercial land use plan amendments under the countywide rules unless "specifically determined to be consistent with the purpose and intent of such corridors through the plan amendment process." The Pinellas Planning Council (PPC) is reviewing its scenic/noncommercial corridor requirements. Under the preliminary draft of the PPC study, according to the applicant, "The section of Belcher Road between Sunset Point Road and State Road 60 was recommended ... for inclusion in the Enhancement Corridor". The draft study states Enhancement Corridors" are areas which are no longer worthy of 'scenic' status, but in which new development should be encouraged to develop in a manner which will enhance the visual aesthetics of the corridor." At the current time the proposed CPD zoning is a violation of the PPC rules for scenic/noncommercial corridors. The City's policy on these corridors dates from October 20, 1977 when the Commission adopted Resolution #77-106 establishing certain roadways as scenic/noncommercial corridors. Belcher Road, from Belleair Road to Curlew Road, was listed. However, the City's Comprehensive Plan, adopted in November, 1989, listed only only Memorial Causeway, Edgewater Drive, Courtney Campbell Causeway and Bayshore Boulevard as scenic/non-commercial roadways and did not include Belcher Road. A review of the surrounding zoning configuration reveals that three of the corners at the Sunset Point/Belcher intersection are developed as other than "open space", rural estate, suburban, and low density residential", one of the purposes included in the PPC's special rules, scenic/noncommercial corridors. The northeast corner is developed as a mixed use (commercial/office) complex. The northwest corner is undeveloped, but is zoned by the County as Residential Planned Development (RPD-7.5) and the portion of this parcel directly north of Sunset Point Road is occupied by Beckett Lake. The southeast corner is an office complex (OPD). This OPD zoning appears to have been established to reflect the scenic/noncommercial corridor issue, as well as to protect surrounding residential development. The property adjacent to the applicant's on the south and west is in the County and has been developed as a mini-warehouse storage facility. The land to the south of the storage facility on the west side of Belcher to south of the railroad, Palmetto Avenue, has a land use classification of Industrial except for the portion occupied by the City's fire station (P/SP). Due to road improvements to Belcher and Sunset Point Roads, right-of-way has been acquired from the subject property on the north and east sides of the property, consequently reducing the site area for perimeter landscaping and above-ground stormwater pond retention. The applicant is proposing to construct perimeter landscaping in excess of City Code requirements, as well as a stormwater vault to be maintained by the proposed business owner. Belcher Road appears to have adequate capacity for this proposal and is functioning at Level of Service "C" with most the traffic being passer-by trip clientele. On October 13, 1992, the Planning and Zoning Board recommended the Commission approve the Future Land Use Plan Amendment to Commercial/Tourist Facilities and CPD Zoning subject to the following conditions: 1) The only permitted uses for this site shall be a) gasoline stations, b) indoor retail sales; and c) accessory uses, and the only allowable conditional use shall be alcoholic beverage sales (package sales); 2) Landscaping shall be installed as proposed on the preliminary site plan, as may be modified with the concurrence of the Development Review Committee, in keeping with the County's consultant's proposal that this section of Belcher Road be designated as an "Enhancement Corridor". Such landscaping shall meet or exceed Code requirements; 3) The applicant shall execute a utility and maintenance agreement with Pinellas County to install and maintain landscaping in the public right-of-way consistent with the submitted site plan; and 4) If necessary, the applicant shall obtain any needed variances from the Development Code Adjustment Board. In response to a question, it was indicated staff did not view Belcher Road as a scenic corridor in 1989; it was identified as such on the countywide plan. Ted Taub, representing Sun Bank, said the property has been vacant for several years and will be developed by the Shell Oil Company. He felt the proposal would be an enhancement to the area. In response to questions, it was indicated the property adjacent to the applicant's on the south and west is in the county and includes the mini-warehouse facility. Trish Muscarella, representing Shell Oil, gave the history of the site indicating the property was developed when the Commission's policy on scenic/non-commercial corridors was in effect. She said nothing on the site corresponds with the "corridor" policy. King Engineering, the County's consultant, is recommending S.R. 60 and Belcher Road for inclusion in the enhancement corridor; however, the final decision would take at least a year. Ms. Muscarella found the proposal to be the most scenic in the area indicating their plan includes landscaping the right-of-way and providing a 10-foot buffer from the edge of the site to the impervious area. She said they would be executing a utility and maintenance agreement with Pinellas County. Steve Henry, Shell Oil, reviewed the improvements proposed indicating this would be a typical station with a convenience store and a car wash. One access would be provided on Sunset Point Road with joint access from Belcher Road. He said the applicant is proposing to provide additional landscaping and to construct a stormwater vault, both exceeding the requirements for this site. Two lower level monument type signs will be erected. Discussion ensued in regard to the proposed landscaping. It was indicated landscaping is proposed for the right-of-way areas in front of the parcel with a 3-foot solid hedge along Belcher Road continuing to the existing driveway. In response to a question, it was indicated the intent is to put in plantings that will reach the density and height shown on the site plan within one year. Mr. Henry gave a traffic comparison between the proposed facility and the previous bank facility indicating there will be less of a demand with the current proposal as a much higher percentage of trips utilizing this facility will be "passer-by" trips. Mr. Taub said the project was well planned exceeding all standards and will have no negative impacts and is consistent with the zoning in the area. In response to a question, Ms Muscarella stated all landscaping requirements have been met and only a parking variance will be needed. A question was raised regarding the county taking extra right-of-way and it was indicated this was to accommodate a 12-inch waterline. An opinion was expressed limited office zoning would be more appropriate. Some Commissioners felt the proposed landscaping would be an enhancement to the area. It was felt if this is approved, conditions should be added that there be no additional driveway cuts and that the hedge reach proposed density and height within one year. The applicant was commended for constructing a stormwater vault and it was suggested other developers be encouraged to consider this concept. Commissioner Regulski moved to approve a land use plan amendment to commercial tourist facilities, CPD zoning and final site plan for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15 for Sun Bank of Tampa Bay subject to 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) Conditional use permit request for alcoholic beverage sales shall be submitted prior to certification of the final site plan; 3) Site lighting structures shall not exceed 18 feet in height (same as building heights) and shall be directed away from rights-of-way and adjoining properties; 4) Open space requirements shall meet Neighborhood Commercial standards: 30 percent of lot, and 55 percent of front yard; 5) Stormwater calculations, retention area and stormwater vault details shall be submitted prior to DRC review; 6) Soils information relating to the stormwater vault performance shall be required prior to DRC review; 7) A landscape plan shall be submitted prior to DRC review; 8) The applicant shall obtain approval from the Commission to amend the land use plan to Commercial/Tourist Facilities and amend the zoning district to CPD; 9) As part of the CPD application, the applicant shall submit elevation drawings illustrating how the site will look after completion of all site work; (10) A 3-foot above grade solid hedge of sufficient density to obscure the site within one year of planting shall be installed; and (11) No additional driveway cuts along Sunset Point and Belcher Roads shall be permitted. The motion was duly seconded. It was noted for the record that the extra efforts to screen the site from Belcher Road was in keeping with the requirements and intent of a "scenic corridor." Upon the vote being taken, Commissioners Regulski, Fitzgerald, Berfield and Deegan voted "aye;" Mayor Garvey voted "nay." Motion carried. The City Attorney presented Ordinance #5286-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5286-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield and Deegan. "Nays": Garvey. The City Attorney presented Ordinance #5287-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5287-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield and Deegan. "Nays": Garvey. The meeting recessed from 7:52 p.m. to 8:05 p.m. ITEM #13 - (Cont. from 10/15/92) Amendments to the CDBG Final Statement for 1990-91 (PLD) As a result of the monitoring visit by the U.S. Department of Housing and Urban Development (HUD), the City was required to make several revisions to the 1990-91 CDBG program. These revisions will categorize expenditures for infill housing into component categories which are consistent with the HUD reporting system and directives. All of the funds expended under this grant were authorized by the Commission. Housing rehabilitation funds had been carried over as special project balances from prior years. HUD has requested that carry-over balances be shown as part of the current year's budget; this is the reason for the apparent increase of rehabilitation funding of $159,275. Three activities proposed are relocation, demolition, and acquisition. Relocation and demolition address the City's local option program which was implemented to rebuild one unit in the North Greenwood neighborhood during 1990-91. Acquisition funds were spent in furtherance of the Infill Housing Development Program. A further formal amendment is required to recognize the Commission's action of November 15, 1990 which revised the scope of services applied to the funding granted to the Homeless Emergency Project. The Neighborhood Advisory Committee recommended approval of these proposed amendments at their meeting of October 20, 1992. Commissioner Berfield moved to approve the amendments to the 1990-91 CDBG Final Statement Description of Use of Funds. The motion was duly seconded and carried unanimously. ITEM #14 - (Cont. from 10/15/92) Amendments to the CDBG Final Statement for 1991-92 (PLD) Staff has reviewed the CDBG expenditures for 1991-92 in preparation for the Grantee Performance Report. Several areas of expenditures should be reclassified to conform to the requirements of the Department of Housing and Urban Development (HUD). HUD requires that eligible expenditures in support of new construction be classified based on the activity, rather than the end use. For example, installation of streetscape improvements for infill housing must be classified as a public facility improvement, instead of infill housing development as previously stated. The requested increases for public facility and land acquisition and disposition are infill housing support activities. Direct City funding of surveys and appraisals remains as a City infill housing activity. Previously, reconstruction of dilapidated housing units under the City's local option program was classified under the general category of rehabilitation. The City's expenditures for this activity are recommended to be reclassified as demolition ($2,000) and relocation ($38,000). In order to maintain a 1991-92 year budget which reflects actual encumbrances, staff requests that $40,000 be transferred into the 1991-92 budget. Adequate funds are budgeted in code 181-1-9453 (Infill Housing Development '90) to support this allocation. The first quarter review will provide for these project amendments as detailed in the Final Statement. The Neighborhood Advisory Committee recommended approval of these proposed amendments at their meeting of October 20, 1992. Commissioner Fitzgerald moved to amend the 1991-92 CDBG Final Statement to reclassify activities and to increase overall funding by $40,000. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing - Revised Citizen Participation Plan for the CDBG program (PLD) Federal Statutes require each CDBG recipient to adopt and follow a plan to provide for citizen participation in the allocation of funds and operation of the CDBG program. The City has had a program since the inception of this requirement was established. This plan was last amended in 1989 to comply with revised Federal regulations. The substance of the plan has not been revised, however, the text has been condensed for clarity. The plan presented for adoption conforms to Federal regulations, provides updated advertising specifications and has been reduced in length for clarity. This plan retains a 12 member Neighborhood Advisory Committee with representatives from North Greenwood, South Greenwood, East Clearwater/Condon Gardens and the community at-large. The plan also includes an illustrative schedule of advertisements and public hearings required to be held during the annual CDBG cycle. On October 20, the NAC recommended approval of this plan. Citizen comments received by the Community Development Division recommended the City make additional efforts to reach non-literate and non-English speaking people and establish a "community outreach" person to make personal contact with such persons. The NAC has specifically asked that required ads be placed in the St. Petersburg Times instead of the Tampa Tribune. They felt that the Tribune did not provide adequate effective notice to persons who may be affected by CDBG programs. A citizen expressed concern East Clearwater had no representation on the Neighborhood Advisory Committee (NAC) at this time. She urged the City to consider NAC's recommendation of advertising in the St. Petersburg Times as she felt this newspaper reached more citizens. She also expressed concern regarding the City's rehabilitation loan process. She indicated the need to review the entire process and the importance of NAC monitoring the program. It was pointed out the Tampa Tribune is substantially less expensive than the St. Petersburg Times. It was felt more effective means could be used to notify the public of the CDBG program. Mr. Polatty pointed out CDBG funds could be used to pay for advertising. Discussion ensued in regard to review of the rehabilitation loan program. Questions were raised regarding whether all rehab projects are with registered contractors and if those contractors are in control of the project. Information regarding when an outside report regarding the rehab program would be done was requested. Commissioner Deegan moved to adopt the revised Citizen Participation Plan for the CDBG Program, deny the Neighborhood Advisory Committee's recommendation to use the St. Petersburg Times for advertising and delete No. 7 in the Citizen Involvement Process on page 6 of the plan. The motion was duly seconded and carried unanimously. Regarding advertising, a request was made the NAC test to see if it is getting to the desired audience and if not, what can be done to make sure it does. A request was made the Community Relations Department be contacted regarding possible nominees for the NAC East Clearwater representatives. ITEM #16 - Public Hearing - Program Amendment Criteria to govern operation of the CDBG program (PLD) Federal regulations governing citizen participation in the CDBG program require the City to adopt program amendment criteria. These criteria specify the nature and magnitude of program amendments which require review by the Neighborhood Advisory Committee (NAC), a public hearing and formal transmittal to the Department of Housing and Urban Development. The NAC reviewed similar criteria in January, 1990. The program has been operating under similar criteria since their acceptance by the NAC, however, they were never formally adopted. These criteria were revised from the 1990 version to more precisely specify the circumstances which require a public hearing prior to program amendment. The NAC met on September 29, 1992 and recommended approval of these program amendment criteria. Commissioner Berfield moved to approve the program amendment criteria to govern operation of the CDBG program. The motion was duly seconded and carried unanimously. ITEM #17 - Public Hearing - Uphold decision of Building Official by Res. #92-66 - to demolish property located at 905-907 Hart Street (a/k/a Plaza Park Sub.), Blk C, Lots 15 & 16) if owner fails to repair or demolish structures within 30 days (PLD) The applicant requested this item be continued. Commissioner Berfield moved to continue this item to the regularly scheduled meeting of December 3, 1992. The motion was duly seconded and carried unanimously. ITEM #18 - Variance to Sign Regulations for property (Shell Gas Station) located at 2000 Drew St., Skycrest Terrace, Blk C, Lot 4 & part of Lot 3 (Smith, Trustee/Shell Oil Co. SV92-24)(PLD) The applicant is requesting a variance to the sign setback requirements to allow the replacement of a nonconforming sign with a new sign which conforms in all respects to the current code requirements except for setback from the Hercules Avenue and Drew Street rights-of-way. The subject property is located on the corner of Drew Street and Hercules Avenue. Fronting on two thoroughfares, the property is entitled to two freestanding signs. In lieu of two signs, the applicant is requesting a variance to allow a single sign to be located at the southwest corner of the site. The overall site design for the subject property does not allow the location of a single freestanding sign visible from both street rights-of-way in a conforming fashion without blocking site access due to the location of the existing driveways. It appears that freestanding signs could be located in a conforming fashion along the east and north property boundaries; this would require the erection of two freestanding signs to allow freestanding signage visibility from both streets. Granting the variance will reduce the potential for sign clutter at this important City intersection. The applicant has demonstrated that the standards for variance approval have been met. The site design creates a unique, hardship situation, and the applicant is requesting a minimum variance by restricting the request to a single freestanding sign. Mark Paules, representing the applicant, stated the sign is being relocated in the safest and most logical location and conforms with current code requirements except for setback. He noted the existing four-sided rotating sign will be removed. In response to questions, Mr. Paules stated a zero foot setback is being requested to facilitate the design of an existing caisson footer. He did not know the distance of the pole from the property lines. Discussion ensued in regard to the consideration of a larger foundation for the sign and locating the caisson deeper. Concern was expressed regarding gas tanks in the area and traffic circulation due to the tight configuration of the site. The owner said he has operated the station for five years and feels the sign is being placed in the safest location. Commissioner Regulski moved to approve a variance of five feet to permit a freestanding sign to be located zero feet from the Drew Street and Hercules Avenue rights-of-way for the subject property based upon the applicant relinquishing the right to have two freestanding signs and in consideration of safety subject to the following conditions: 1) The requisite sign permit shall be obtained within 2 months from the date of this public hearing; 2) No additional freestanding signage shall be permitted for this property; 3) The sign shall be located as indicated on the site plan and shall conform to the sign height and area as indicated in the application materials; and 4) The sign's location shall be approved by the Traffic Engineer for compliance with sight distance requirements. The motion was duly seconded and carried unanimously. ITEM #19 - Variances to Sign Regulations for property (Stewart Title of Clwr) located at 1290-92-94 Court St., Hibiscus Gardens Sub., Blk O, Lots 35A and 36 and vacated street on east (Smoyer SV92-28)(PLD) The applicant is requesting two variances to permit the modification of an existing freestanding sign. There was discussion regarding whether the sketch included with the application was correct. Margery Smoyer requested the item be continued to allow her husband time to recover from a hospital stay in order to present the request. Commissioner Berfield moved to continue this item to the scheduled meeting of December 3, 1992. The motion was duly seconded and carried unanimously. ITEM #20 - Alcoholic Beverage Separation Distance Variance for property (Joel n' Jerry's) located at 23654 US19N, Sec. 6-29-16, M&B 41.01, 41.02, 41.04, 41.05 and 41.06 (Branch Sunset Assoc. Ltd. AB92-16)(PLD) The applicant is requesting a variance of 200 feet to permit an alcoholic beverage establishment with a 2-APS license zero feet from similarly licensed establishments within the Sunset Point 19 Shopping Center. The subject property is known as Joel n' Jerry's Deep Deep Discount Store. Within this shopping center are 3 other alcoholic beverage establishments. Both Eckerd Drug Store and Publix have a 2-APS license and the Sunset Super Sub sandwich shop has a 2-COP license. On September 29, 1992, the Planning and Zoning Board approved a conditional use for the 2-APS license subject to the following conditions: 1) Prior to the issuance of an occupational license, the applicant shall provide the required minimum 10 foot landscape buffer strip along the US19 right-of-way extending from the new 15 foot wide buffer as shown on the site plan, to the north side of the southern entry to the parking lot; 2) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; and 3) The required separation distance variance shall be obtained from the Commission. The applicant appears to have met the standards for variance approval since the subject request, if located on a separate parcel, would conform to Code requirements for distance separation. This situation is unique and creates a hardship for the applicant. The request appears to be the minimum necessary to resolve the hardship. Commissioner Fitzgerald moved to approve a variance of 200 feet to permit alcoholic beverage sales zero feet from similarly licensed establishments for the subject property due to the hardship of being part of an existing shopping center and the actual separation distance is greater than 200 feet. The motion was duly seconded and carried unanimously. Item #21 is not a public hearing; it is listed in this order to allow its consideration along with Item #22. ITEM #21 - Preliminary Site Plan for Pelican Walk, located on the E & W side of Mandalay Ave., between San Marco St. & Poinsettia Ave. (B.J.E, Inc.)(PLD) The applicant is proposing a major redevelopment plan in the Beach Commercial zoning district of Clearwater Beach. The preliminary plan proposes the removal of 17,820 square feet of buildings, with 24,357 square feet of buildings to remain (including the drug store site). New construction will create a proposed addition of 39,500 square feet, including the retail ground floor and second floor. Total floor area for the development will be 64,657 square feet which includes a proposed 800 square feet for outdoor seating at the Ocean Garden Restaurant. The eastern portion of the proposed plan includes the expansion of the existing Eckerd Drug Store by 3,900 square feet for a total of 13,900 square feet and the construction of a two story retail building, all with a proposed height of 35 feet and a ground level pedestrian plaza fronting on Mandalay Avenue. Parking for the proposed development totals 170 spaces and will be located in the rear of the drug store and retail shops fronting on Baymont Street with walk-through access between the buildings for pedestrian access. A setback variance for the building along Mandalay Avenue will be required. The improvements to the west side of Mandalay Avenue include the remodeling of the former Pelican Restaurant with outdoor seating and on-site parking. Revisions to the plan to reflect the new parking spaces to be constructed as part of the outdoor seating project for the restaurant will be necessary. Parking for the several separate developments in this project will be conforming upon execution of a Unity of Title and the completion of the minor site plan revisions discussed above. Other Land Development Code requirements will be met upon obtaining of the setback variance. Planning & Development Director James Polatty stated a conditional use was approved by the Planning & Zoning Board for Ocean Garden. At Monday's work session the Commission requested staff research the Planning & Zoning Board's conditions concerning entertainment at the Ocean Garden Restaurant. There were no restrictions placed on indoor entertainment, the restriction addressed outdoor entertainment only. If indoor entertainment is of concern, staff is recommending the condition that entertainment shall be restricted to indoor operation only, shall conform to the City's noise ordinance, and, if live entertainment is to be used, such entertainment shall be restricted to acoustic instruments only. Concern was expressed by the applicant's attorney restricting the entertainment to acoustic instruments. It was requested the site plan for Pelican Walk be addressed prior to action on the alcoholic beverage variance. The City Manager reported a unity of title between the two parcels would lessen the parking requirements. Mr. Polatty indicated a front setback variance will be required. Steve Fowler, architect representing the applicant, stated a landscape variance regarding the type of trees is being considered, and in response to a question, he indicated the project will be in keeping with the tropical theme recommended by the Clearwater Beach Blue Ribbon Task Force. A question was raised if a second floor would be added to the drug store and it was indicated only cosmetic improvements would be made to the building. Commissioner Regulski moved to approve the preliminary site plan and authorize the DRC to approve a final site plan subject to the preliminary conditions as follows: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) Site Plan should be revised to reflect the 10 parking spaces to be added at the Ocean Garden Restaurant site and the associated restriping of the existing parking at the restaurant; 3) A Unity of Title shall be required linking all properties together as a single development; and 4) Any required variances shall be obtained from the Development Code Adjustment Board. The motion was duly seconded and carried unanimously. ITEM #22 - (Cont. from 10/1/92) Alcoholic Beverage Separation Distance Variances for property (Ocean Garden Rest.) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-38 and part of Lot 64 & Lots 65-71 (Pelican Two, Inc. AB92-12)(PLD) This item has been continued several times to allow its consideration simultaneously with a site plan for several parcels under the same or similar ownership in the vicinity of the restaurant. Approval of the request will allow an expansion of an existing 4-COP establishment to create 800 sq.ft. of outdoor seating area along Mandalay Avenue. The establishment has an inside seating capacity of 330 people, and subject to the granting of the requested variances, will have additional outside seating for 53 persons. Staff supports outdoor seating on Clearwater Beach because it promotes a desirable pedestrian ambiance. Because this is a small expansion of an existing alcoholic beverage use, staff does not consider it to be contributing to a proliferation of such establishments. At their meeting on July 14, 1992, the Planning and Zoning Board approved a conditional use permit for the applicant's expanded service area subject to the following conditions: 1) The proposed outdoor use area shall not exceed 800 sq.ft. and the interior use area shall not exceed 9,100 sq.ft.; 2) Outside seating shall be limited to 53 people; 3) The 31 on-site parking spaces shall be in accordance with the requirements of the approved site plan; 4) Within 60 days of this public hearing, the dumpster shall be relocated to a site approved by the City's Solid Waste Division and screened; 5) The applicant shall obtain the requisite separation distance variances from the Commission; 6) There shall be no outdoor speakers or entertainment; and 7) Off-site parking for this use shall continue to be provided as in the past. As part of the motion, the Board included the following language: "The Board agrees that this approval is an instrument that will assist in the development of Clearwater Beach and not an escape to the existing parking problem." The parking problem will be resolved through the combination of this site with the proposed redevelopment on the east side of Mandalay Avenue through a unity of title. The applicant's property is located in two separate zoning districts. The zoning of the property fronting on Mandalay Avenue is Beach Commercial while the lots fronting on Gulfview Boulevard are zoned CR-28, which is considered a residential zone for alcoholic beverage separation requirements. The proposed outside service area will be within 70 feet of the property zoned CR-28. The Waterfront Pizza Restaurant is located 92 feet from the applicant's establishment. With the submittal of a preliminary site plan, it appears that sufficient parking could be provided in order to meet the parking requirements for both the Ocean Garden Restaurant, the new retail space associated with the redevelopment project and several other small retail areas in the vicinity which are under the same ownership as the restaurant and off-site parking area. Provision for shared parking for these uses should be a condition of approval of the proposed site plan. Staff sees the parking issue in an advanced state of resolution and recommends proceeding with the alcoholic beverage separation distance variance request. The City Manager felt it would be difficult to enforce restricting entertainment to acoustic instruments only indicating the noise ordinance could be used effectively as a means of control. Concern was expressed regarding "night club" entertainment. In response to a question, it was indicated the present COP license was already in place with the previous establishment. Bill Kimpton, attorney representing the applicant, stated the applicant has a good track record and this establishment will be part of an expensive redevelopment project which has the support of the Clearwater Beach Association. Fred Thomas, representing the Clearwater Beach Association, said a presentation had been made to the association for both the Pelican Walk and Ocean Garden projects and received 100 percent support. They had no problem with outside music until 11:00 p.m. A question was raised if the applicant had been questioned rather excessively at the association meeting, and it was indicated concern had been expressed regarding raucous noise and the type of entertainment being considered. The association wants to maintain a certain "dignity" on the beach. Concern was expressed regarding the use of the property if the restaurant is no longer leased by the current individual. It was indicated a change in business ownership would require a new conditional use. Discussion ensued in regard to indoor entertainment and it was indicated the noise ordinance would help to control the concern of raucous noise. Commissioner Berfield moved to approve a variance of 230 feet to permit alcoholic beverage sales 70 feet from a residential zone and a variance of 108 feet to permit alcoholic beverage sales 92 feet from a similarly licensed establishment for the subject property with clarification there be no outdoor speakers or outdoor entertainment. The motion was duly seconded and carried unanimously. ITEM #23 - Public Hearing & First Reading Ords. #5296-92 & #5312-92 - Comprehensive Plan and Land Development Code Amendments - amending Objection 3.2.1. of the Future Land Use Element revising the number of land use plan categories from 10 to 22 and modifying densities and FAR's and establishing ISR's and Res. #92-69 - authorizing the PPC to request amendments to the Countywide Plan for properties located within City limits (PPC Consistency Program)(PLD) Staff requested this item be continued to allow the Planning & Zoning Board to reconsider their recommendation to deny as well as provide additional information to the City Commission. A joint meeting will be scheduled with the Planning & Zoning Board. In response to questions, it was indicated the joint meeting will be handled like a work session and the Pinellas Planning Council will be invited to attend. Commissioner Regulski moved to continue this item to the scheduled Commission meeting of December 3, 1992. The motion was duly seconded and carried unanimously. ITEM #24 - Public Hearing - Declare property located at the SE corner of Franklin St. and East Ave., Magnolia Park Sub., Blk 12, Lot 8, as surplus for purpose of leasing to the IAFF (AS) Questions were raised at the November 2nd work session regarding using this house for a "safe house" in the N. Greenwood area. A request was made by staff to continue this item to bring forward at the same time the Public Works item regarding moving the house was agendaed. Commissioner Berfield moved to continue this item to the scheduled Commission meeting of December 3, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #25 - Ord. #5260-92 - Annexation for property located at 3160 McMullen-Booth Rd., Sec. 21-28-16, M&Bs 23.04, 23.05, 23.06, 23.08 & 23.13, 17.35 acres (McCullough A92-07) The City Attorney presented Ordinance #5260-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5260-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #26 - Ord. #5285-92 - Vacating Spruce Avenue between Blk 2 and Blk 3, J.H. Rouse Subdivision (Jimmie V92-07) The City Attorney presented Ordinance #5285-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5285-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. It was noted code enforcement concerns on this property have been taken care of. ITEM #27 - Ord. #5291-92 - Vacating Westerly 3' of the landscape, drainage and utility easement lying along the E lot line of Lot 4, Braeside Place Sub., 3418 Braeside Place (Byron/Taylor V92-18) The City Attorney presented Ordinance #5291-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5291-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #28-53) - Approved as submitted. Agreements - Approved. ITEM #28 - Indemnity Agreement with Barnett Bank of Pinellas County, The Times Publishing Company and Channel 13, WTVT, relative to the 1992 Good Life Celebration and Games (PR) ITEM #29 - Amend existing agreement with Pinellas County Board of County Commissioners for engineering services with Dames & Moore for relocation of City utilities on Gulf Blvd., between Belleair Causeway and the Sand Key Toll Plaza, for an increase of $15,932 for a new total of $39,832 (PW) Bids & Contracts - Awarded. ITEM #30 - Purchase of a T.D. Williamson Polystopp Plugging Unit and associated fittings from M.T. Deason Co., Inc., Birmingham, AL, for $19,177.60 (GAS) ITEM #31 - Purchase of various steel gas materials from The Avanti Co., FL, at an est. $32,325.29; M.T. Deason, AL, at an est. $34,142.75; & Phillips Engineering Co., FL, at an est. $57,674.55, for the period 11/6/92-11/5/93, for a total est. $124,142.59 (GAS) ITEM #32 - Purchase of 1 Vermeer 1250 Wood Chipper Machine from Vermeer Southeast Sales & Service, Jacksonville, FL, for $17,427.89 (GS) ITEM #33 - Purchase of diesel fuel for bulk purchases in transport quantities from BP Oil Co., Atlanta, GA, for the period 11/5/92-10/15/93, at an est. $215,000 and reduce diesel fuel purchase from Louis Dreyfus Energy Corp., Atlanta, GA, in the amount of $215,000 (GS) ITEM #34 - Contract for roof replacement at the Martin Luther King Center to The Dean Company, Clearwater, FL, at an est. $47,601 (GS) ITEM #35 - Extension of contract for A-6 computer maintenance with Unisys Corp., Tampa, FL, for the period 10/1/92-9/30/93, at an est. $47,986.80 (PD) ITEM #36 - Contract for disposal of approx. 2500 tons of assorted trash and construction material to Kimmins Recycling Corp., Clearwater, FL, for the period 11/6/92-9/30/93 for a total est. cost of $61,250 (PW) ITEM #37 - Purchase of 3 each (submersible pumps, floor elbows & top rail guides) for Lift Station #7, from E.K. Phelps & Co., Apopka, FL, for $31,494 (PW) ITEM #38 - Contract for the Northeast Wastewater Residuals Handling Facility Project to Walbridge Contracting, Inc., Tampa, FL, for $4,598,251 (PW) ITEM #39 - Purchase of parking revenue collection equipment from Florida Door Control, Melbourne, FL, for $44,242 (PW) ITEM #40 - Contract for replacement of Petroleum Product Storage Tanks at Clearwater Executive Airpark to Adams Tank & Lift, Inc., Pinellas Park, FL, for $73,534 (PW) ITEM #41 - Purchase of front end loading refuse containers and spare parts from Industrial Refuse Sales, Inc., Lakeland, FL, for the period 11/6/92-9/30/93, for an est. $125,000 (PW) Citizens & Staff Requests - Approved. ITEM #42 - Authorization of purchase of computer printer to accommodate sign variance intake program, for $4,250 (PLD) ITEM #43 - Transfer of ownership of property located at 400 N. Myrtle from water & sewer fund to gas fund, at current book value of $521,328; authorize payment to be made, interest free, in 5 equal annual installments of $104,266 beginning 9/30/93 and ending 9/30/97 (AS) ITEM #44 - Co-Sponsor & Waive Fees for City Services for Special Events (Jazz Holiday, FUN N' SUN, Fourth of July, Family Holiday Festival, Turkey Trot, North Greenwood Street Festival & Martin Luther King Parade) approved in 92/93 Operating Budget for $124,520 ; authorize said events to approve festival vendors (PR) ITEM #45 - Authorization to file suit against Plasti Kraft Corp. regarding delinquent utility bills (CA) ITEM #46 - Pinellas Planning Council - Reappoint Commissioner Berfield (CLK) Receipt & Referral - Received and Referred. ITEM #47 - Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 1234 Druid Rd. (former Siples Rest.), portion of Government Lot 1 of Sec. 21-29-15, M&B 21.03, 2.83 acres (Morton Plant Hospital Assoc., Inc., LUP92-22, Z92-13)(PLD) Agreements, Deeds & Easements - Accepted. ITEM #48 - Sidewalk easement - S 1.5' of Lot 5, Blk A, Norwood Sub., 1st Addn. (Harris) ITEM #49 - Drainage and utility easement - W 10' of W 85' of Lots 16 & 18, Bluff View Court Sub. (Morton F. Plant Hospital Assn.) ITEM #50 - Sanitary sewer lien agreement - W 10' of Lot 13, Blk 1, Virginia Groves Terrace (Hiller) ITEM #51 - Sidewalk easement - 5' sidewalk easement lying in Sec. 18-29-16 (Wal-Mart Stores, Inc.) ITEM #52 - Amendment to agreement for utilization of sewage treatment facilities with the City of Safety Harbor, regarding sewer service, to clarify meaning of the word "exclusive" ITEM #53 - Amendment to sewer service agreement with the City of Largo to clarify meaning of the word "exclusive" Major bids and contracts were noted. 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #54 - Preliminary Site Plan for Hunter Blood Center, Inc. (HBCI) for the Mobile Blood Station located at 2151 Calumet St.; waive building setbacks section of the Protective Covenants for the Clearwater Industrial Park for HBCI to allow the building setbacks for the site to be governed by the Land Development Code (Martin/HBCI)(PLD) This item was pulled to allow additional research into the question of the protective covenants. ITEM #55 - Purchase 31.4 acres of land on Drew Street, Sec. 8-29-16, M&B 44.01 and portion of M&B 43.01 (PR) This item was pulled as staff had not received a response to their counter offer of $1.25 million. Staff will continue to work with the seller. ITEM #56 - Res. #92-65 - to reduce fees for variance and conditional use applications associated with properties for which construction has commenced or the use has been established without prior approval (PLD) Staff is proposing the Commission consider revising its fee schedule with regard to "penalty" fees for conditional use and variance applications where the proposed use or construction has been initiated prior to application. The purpose behind having a higher fee for uses which are seeking approval after they have been illegally commenced or established is to provide a strong disincentive for avoiding City regulations. The City has had nearly a full year of experience with the fee schedule that includes this penalty at a triple fee level. Staff has found the triple fee to be too severe a penalty in cases where applicants have simply made an error in proceeding without permits. To reduce the extent of the penalty to a double fee would still establish a strong disincentive for commencing work prior to having the appropriate permits. In response to a question, it was indicated the penalty for building permit fees would still be tripled. The City Attorney presented Resolution #92-65 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-65 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #57 - Declare as surplus for subordination to the FDOT the City's easement rights and interest in 6 parcels of land lying along S.R.580, between Countryside Blvd. and McMullen-Booth Rd.; Res. #92-63 - authorizing City Officials to execute subordination of utility interests documents with FDOT (PW) The Florida Department of Transportation (FDOT) is proposing to widen S.R.580 between Countryside Boulevard and Kendale Drive starting construction in fiscal year 1993/94. They propose to widen the road to six lanes requiring additional right-of-way from several property owners along S.R.580. The City has various easements on part of the parcels of land needed by the FDOT. In order to facilitate this project, the FDOT is requesting the City subordinate their easement rights and interest in these parcels. The Commission approved City subordinations of easement on six other parcels to the FDOT for this same road improvement project on April 2, 1992. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated if necessary to prevent construction conflicts. Of the total 11,764 square feet of land contained in the six subordinations, approximately 11,258 square feet are actually covered by City easements. Commissioner Deegan moved to declare as surplus, for subordination to the FDOT, the City's easement rights and interest in 6 parcels of land (101.04, 102.11, 104.03, 106.03, 108.02 and 112.06) lying along S.R.580, between Countryside Boulevard and McMullen-Booth Road and a resolution to authorize City Officials to execute subordination of utility interests documents with FDOT. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-63 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #92-63 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #58 - North Greenwood Design Review Committee - 3 appointments (CLK) Commissioner Fitzgerald moved to reappoint Arthonia Godwin. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue the remaining two appointments. The motion was duly seconded and carried unanimously. ITEM #59 - Beautification Committee - 1 appointment (CLK) Commissioner Deegan moved to appoint Lori Evans. The motion was duly seconded and carried unanimously. ITEM #60 - Library Board - 1 appointment (CLK) Commissioner Berfield moved to appoint Brenda Hunter. The motion was duly seconded and carried unanimously. ITEM #61 - Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #62 - Ord. #5313-92 - Relating to discrimination, amending Secs. 99.02, 99.20, 99.21, 99.22 & 99.23 as created or amended by Ord. #5200-92 relating to housing discrimination practices The City Attorney presented Ordinance #5313-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5313-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #63 - Ord. #5314-92 - Amending Ch. 50 regarding method of calculating deposits for new residential addresses with no prior service record and interest on utility deposits The City Attorney presented Ordinance #5314-92 for first reading and read it by title only. A request was made that consideration be given to allowing return of deposits to residents of multi-family buildings and if feasible, the ordinance be amended at second reading. The City Attorney suggested that if the Commission wishes to do this, it be done in a separate ordinance. Commissioner Deegan moved to pass Ordinance #5314-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Resolutions ITEM #64 - Res. #92-67 - Demolition lien - 1363 S. Madison The City Attorney presented Resolution #92-67 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-67 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #65 - Res. #92-68 - Authorizing facsimile signatures on city checks The City Attorney presented Resolution #92-68 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-68 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #66 - Res. #92-70 - in support of a Metropolitan Planning Organization Resolution (#92-15) regarding retention of partial truck routing restrictions on McMullen-Booth Road after the Bayside Bridge is completed This resolution was pulled. ITEM #67 - Other City Attorney Items - none. ITEM #68 - City Manager Verbal Reports A. Setting Sign Variance Meetings The City Manager reported, due to the number of sign variance requests coming forward, a series of variance meetings will need to be considered. The first special meeting was set for December 10, 1992 at 9:00 a.m. B. Goal Setting Meetings Discussion ensued in regard to the Commission initiating goal setting meetings to establish their priorities and goals. The City Manager said this would aid him during the budget process and he encouraged the Commission to consider such meetings. An opinion was expressed this should be more management oriented rather than Commission policy. A question was raised who would be setting the agenda. It was stated this would be an opportunity for the Commission to set its priorities in a proactive fashion. Staff will then evaluate the projects and inform the Commission if they are feasible and what the impacts will be. The City Manager said he is looking for policy guidance from the Commission. A goal setting meeting was scheduled for November 16, 1992 at 9:00 a.m. ITEM #69 - Other Commission Action Commissioner Fitzgerald reported the Mayor's Council passed an resolution requesting the St. Petersburg Times to provide a contract rate to municipalities for legal advertising as advertising rates have skyrocketed. He suggested the Commission move immediately to request RFP's for the Maas Brothers property due to defeat of sale to Florida Gulf Coast Art Center on the November 3rd ballot. The City Manager reported the Salvation Army is using the Maas building for temporary storage. Commissioner Berfield questioned whether a unity of title is limited by distance. The City Attorney responded properties can only be separated by a right-of-way no more than 100' in width. She questioned the status of a Proclamation regarding diabetes. It was reported it was in process. Commissioner Deegan commended staff on the sidewalk project on Mandalay. He reported a second opinion is being requested regarding feasibility and estimated cost for opening Dunedin Pass. He requested Sand Key property purchase be agendaed for the next meeting. He requested the City Attorney review the rehabilitation loan process and provide a written opinion regarding whether procedures are correct. The City Attorney responded an outside review would be better as it would be more objective. Mayor Garvey announced a farewell to Commissioner Regulski will take place at the December 3, 1992 meeting. ITEM #70 - Adjournment The meeting adjourned at 10:55 p.m.