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10/15/1987CITY COMMISSION MEETING October 15, 1987 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, October 15, 1987, at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner James L. Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present were: Joseph R. McFate II Interim City Manager M. A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Planning Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Dr. Vincent S. Malkinski of Union Street United Methodist 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 2 service pins were awarded to City employees. IV - Introductions and Awards Citation of Appreciation presented to Rita Canan for six years of service on the Beautification Committee. Proclamation: Employee Fitness Week - October 19-23, 1987. V - Minutes of the Regular Meeting of October 1 and Special Meeting of September 22, 1987. Mayor Garvey questioned whether the motion for Item #44 of the minutes of October 1, 1987, pages 189-191, included the condition berms not be used. It was not a part of the motion. However, the minutes are amended to add the following: "It was the consensus of the Commission that berms not be used unless necessary for screening, and the native vegetation and foliage be preserved". Commissioner Winner moved to approve the minutes of the regular meeting of October 1, as amended, and Special Meeting of September 22, 1387 as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was duly seconded and carried unanimously. VI - Presentations Nagano City Japanese Teachers were introduced and presented with gifts from the City of Clearwater. They brought greetings and a gift from the Mayor of Nagano City. Other Sister City participants were also introduced. VII - Citizens to be heard re items not on the Agenda Harry Mullen stated he could not accept the contract for purchase of the surplus property on Brentwood Ave. that was previously approved by the City Commission. He requested the City Commission consider his counter offer which has been submitted to the City Attorney. Joe Fletcher, Sr. questioned the former City Manager's authority to file suit against Jim Gray. VIII - Public Hearings Item #9 - Zoning Atlas Amendment from RPD 6.5 to RS-8 for a 4.59 acre parcel located on the S side of Nursery Rd. immediately adjacent on the W to t Florida Power ROW and approx. 1,400' W of US 19; Lot 12, Pinellas Groves, SE 1/4 Sec. 19-29-16 (Curtis, Trust) Z 87-17 (PUD). The property owner proposes to develop a 16 lot single family residential subdivision. Commissioner Berfield moved to approve the requested zoning amendment on the subject property and to direct the City Attorney to include this in an ordinance. MOtion was duly seconded and carried unanimously. Item #10 - Change in the conditions (required by the City Commission) related to previously approved variances for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key; Lot 50, Marina del Rey at Sand Key, Sec. 33-29-15 (Wayne Schmidt, owner of Lot 50, Marina del Rey at Sand Key) (PUD). On December 13, 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width and length for the Marina del Rey townhouse development (73 lots). The applicant appealed the decision and on January 3, 1980, the City Commission reversed the decision by the Board and approved a variance to construct docks 35 feet in length and 3 feet in width for each lot excluding lots 1 through 9, with pilings on the lot line side not to extend beyond the floor line of the dock and with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission. The owner of lot 50 now requests approval of a 40 foot long dock, 24 feet in width with tie poles. The dock will be 4 feet longer and 21 feet wider than the length and width approved by the City Commission. Doug Speeler, representing the owner of the property, Wayne Schmidt, stated Mr. Schmidt thought a variance had been granted. The structure for which the variance is requested is already built; however it is going to have to be torn down as it does not meet code in other respects. Mr. Schmidt wants permission to rebuild to the size of the existing dock. He stated Mr. Schmidt was the victim of an unscrupulous contractor who is no longer in the City of Clearwater. Mr. Speeler emphasized no one at Marina del Rey is objecting to Mr. Schmidt's dock and proposed boat lift. Discussion ensued regarding whether a hardship exists. Mr. Speeler responded the hardship is the size of Mr. Schmidt's boat. Commissioner Berfield moved to deny the requested variance. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye"; Commissioner Nunamaker voted "nay". Motion carried. Item #11, (Cont'd from 10/1/87) - Public Hearing & 1st Reading Ordinance 4420-87, Relating to Alcoholic Beverages Creating Sections 72.11 through 72.19, To provide uniform operational regulations for all establishments in the City dealing directly or indirectly with the sale or consumption of alcoholic beverages; Amending Section 136.024, Relating to zoning and separation requirements for alcoholic beverage sales; and Repealing Section 136.025(c)(1) and (2), and Sections 72.01 through 72.10 (LDCA 87-9) (PUD). Discussion ensued regarding whether change of business ownership should trigger a new application. At the present time, the alcoholic beverage conditional use does not run with the land. Any business use is revokable by criminal prosecution or civil suit for nuisance. The City Attorney stated he felt the reversion provision is enforceable. Concerns were also expressed that the establishment not be unduly held responsible for behavior of patrons after they have left the premises. When questioned whether the reversion provision is as strict as it could be, the City Attorney responded it is as strict as would be allowed by Constitutional constraints. The consensus of the Commission was to approve the proposed amendment dealing with the reversion procedures; that the conditional use would not run with the land but would be personal to the owner/operator; and that a variance to the distance requirement would run with the property. Discussion ensued regarding the method of measuring distance and the use of the word "structure". The City Attorney stated he would clarify the language regarding the method of measurement. A question was raised regarding the excluded City facilities on page 4 of the ordinance. Consensus was to change the ordinance to exclude all City facilities when rented for private parties. Discussion ensued regarding the number of feet for the distance requirement. Commissioner Regulski distributed a chart with suggested distances for the different alcoholic beverage designations. The listed exceptions from the minimum distance from residential zones for package sales of beer and wine states the minimum distance should be 25 feet providing no deliveries, building, or property services be performed between the hours of 10 p.m. and 6 a.m. and no entries, exits, windows, building or other services equipment be located within 50 feet of the residential zone. The Planning Director stated she would need approval from the Fire Marshal regarding the provision for no rear exit. The 4COP alcoholic beverage separation designation would be 300 feet, except that the minimum distance would be 25 feet provided no entry, exit, window, building or other service area or equipment be located within 150 feet of a residential zone. Commission consensus was to change the 150 feet to 200 feet. The Planning Director requested direction regarding excluding the downtown and beach commercial districts from the distance requirement. Discussion ensued and Commission consensus was to exempt the urban center, beach commercial and resort commercial zones from the distance requirement. Commissioner Berfield requested a copy of the amended ordinance be sent to the Ministerial Association and the P.T.A. groups. The City Attorney presented Ordinance 4420-87 as amended for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4420-37 as amended on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker and Garvey. "Nays": Berfield. Motion carried. The meeting recessed from 3:45 to 9:02 p.m. Item #12 - Second Reading, Ordinance 4474-87 - Zoning Atlas Amendment from Limited Office (OL) to Aquatic Land/Interior (AL/I) for a parcel located on the W side of McMullen-Booth Rd. approx. 500' N of SR 590; Part of M&B 33.03, Section 4-29-15; (Babcock Co.) Z 87-10. Due to an error in the legal description, Commissioner Berfield moved to continue this Item to the November 5, 1987 meeting. Motion was duly seconded and carried unanimously. Item #13 - Second Reading, Ordinance 4475-87 - Amending Ordinance 2019 to change the Land Use Designation from Low Density Residential to Public/Semi-Public for a parcel located on the N side of the "PACT" Site and on the E side of One Kapok Terrace Condominium, E of McMullen 300th Rd.; Part of M&B 24.01, Sec. 9-29-16; Z 87-7, LUP 87-12 (One Kapok Terrace Ltd.). The City Attorney presented Ordinance 4475-37 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4475-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #14 - Second Reading, Ordinance 4476-87 - Zoning Atlas Amendment from Residential Planned Development "Eight" District (RPD-8) to Public/Semi-Public District (P/SP) for part of M&3 24.01, Sec. 9-29-15; LUP 87-12, Z 87-7 (One Kapok Terrace Ltd.). The City Attorney presented Ordinance 4476-87 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4476-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #15 - Second Reading, Ordinance 4477-87 - Annexing a parcel of land located E of and adjacent to Fortune Savings Bank located on the E side of Belcher Rd. approx. 700' S of Gulf to Bay Blvd.; Part of M&B 32.06, Sec. 13-29-16; A 37-23, LUP 87-14 (Fortune Savings Bank). The Planning Director stated the Pinellas Planning Council has not reviewed this annexation and staff is requesting this Ordinance be continued. Commissioner Berfield moved to continue this Item to the meeting of November 5, 1937. Motion was duly seconded and carried unanimously. Item #16 - Second Reading, Ordinance 4480-87 - Annexing a parcel located on the N side of Woodbine St., approx. 460' E of Betty Lane; Lot 16, Blk. B, Pine Ridge Sub.; A 87-26 (Harold Kenny) The City Attorney presented Ordinance 4430-87 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4480-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #17 - Second Reading, Ordinance 4481-87 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ordinance 4480-87; A 87-26 (Harold Kenny). The City Attorney presented Ordinance 4481-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4431-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #18 - Second Reading, Ordinance 4488-87 - Annexing a parcel of land located on the E side of Pineland Dr. approx. 300' N of Overbrook Rd.; Lot 1, Jade Heights Sub.; A 37-27 (Ed O'Hanrahan Jr.). The City Attorney presented Ordinance 4488-37 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4488-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #19 - Second Reading, Ordinance 4489-87 - Zoning Atlas Amendment as Single Family Residential District (RS-8) for property annexed in Ordinance 4488-37; A 87-27 (Ed O'Hanrahan Jr.). The City Attorney presented Ordinance 4439-37 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4489-37 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #20 - Second Reading, Ordinance 4490-37 - Annexing a parcel located 342' W of Highland Ave. at the Southern terminus of Weston Dr.; M&3 33.04, Sec. 2-29-15; A 87-28, LUP 87-19 (Holland). The Planning Director stated there is a question regarding ownership. The applicants are to provide proof of ownership which has not been received at this time. Commissioner Winner moved to continue this Item to the meeting of November 5, 1987. Motion was duly seconded and carried unanimously. CITY MANAGER REPORTS IX - Consent Agenda - Approved as submitted. Advisory Board Notifications - Received. Item #21 - Beautification Committee (2 members) (CLK). Item #22 - Municipal Code Enforcement Board (2 members) (CLK). Item #23 - Planning & Zoning Board (1 member) (CLK). Agreements - Approved. Item #24 - Line of Credit Lease Purchase Financing Agreement with Citicorp Industrial Credit, Inc. to provide $1,850,000 to cover all planned lease purchase equipment acquisitions for FY '87/88; individual contracts to be for five years each at an interest rate of 83.5% of New York Prime Rate on the date the contract is executed (FIN). Item #25 - Purchase of Lots 18, 19, 20, and 21, Janie Daniels Sub. for a total of $57,000.00 from James & Leonard Burrell (PW). Item #26 - Letter of Agreement with Florida Gas Transmission Co. required of Florida Gas Transmission Co. for their application to the Federal Energy Regulatory Commission for approval to modify its transmission mains in the Florida Panhandle; under the proposed new agreement, the term for two classifications of gas would change from June 1, 1992 and 1999 to September 30, 2003 (UT). Item #27 - Clearwater Shuffleboard Club Agreement - City to give the Club $17,500, $12,500 to be repaid in a five year period at $2,500 per year interest free; for the construction of a roof canopy over 13 courts (PR). Bids & Contracts - Approved. Item #28 - Retrofit of Side Loading Sanitation Units, (2) Maxon Eagle - Award contract to Rand Automated Compaction System, Inc, Raleigh, NC, $64,268.48 ( CS) . Item #29 - Coin Operated Copiers, Libraries - Award contract to Capital Copy, Inc, Ft. Lauderdale, to furnish copiers for the Main, N. Greenwood, Clearwater East, and Beach libraries; copies to be vended at 20 cents/copy with City's share of revenue to be 26% (approx. 5 cents/copy) of all monies collected with estimated annual revenue of $9,000.00 (LIB). Item #30 - Submersible Pump (1-Flygt) - Award contract to purchase from Ellis K. Phelps & Co., Orlando, for $9,692.00 (PW). Change Orders - Approved. Item #31 - Change Order #2, 1986 Sanitary Sewer Extension Contract -$302.50 for a new Contract total of $228,053.15, and extending the contract time 12 months (PW) . Citizen & Staff Requests - Approved. Item #32 - Employee Selection Test Validation Project - Agreement between University of South Florida consultant Dr. Edward L. Levine, $2,700.00 (PER). Item #33 - Annual Report on the Development of Regional Impact of Park Place (Metro Development Corporation) (PUD). Item #34 - Consulting Engineers Selection, Clearwater Pass Bridge - Firms ranked by the selection committee as follows: 1) David Volkert & Assoc., Inc.; 2) HDR Infrastructures, Inc.; and 3) DSA Group, Inc. - all located in Tampa, FL (PW). Receipt & Referral - Received and Referred to proper departments. Item #35 - Petition for Annexation, RM-16 Zoning and a Land Use Plan Amendment from Low Density Residential to Medium Density Residential for a .88 acre parcel located on the N side of Nursery Rd. approx. 625' E of Belcher Rd.; the W 264' of Lot 11, Pinellas Groves, SW 1/4 Sec. 19-29-16 (Hilkert) A 37-35, LUP 87-24 ( PUD) . Item #36 - Petition for Annexation and RS-8 Zoning of a .25 acre parcel located on the W side of Sylvan Dr. approx. 250' S of Sunset Point Rd.; Lot 17, Blk. A, Harbor Vista Sub., SE 1/4 Sec. 3-29-15 (Horvath) A 87-36 (PUD). City ATTORNEY Deeds & Easements - Approved. Item #37 - 20' Wide Storm Drainage Easement lying in the SE 1/4 of the SE 1/4 of Sec. 7-29-16 (Maurice A. Rothman). Item #38 - 40' Wide Drainage & Utility Easement lying in the SE 1/4 of the SE 1/4 of Sec. 7-29-16 (Maurice A. Rothman). Item #39 - Non-exclusive (pond drainage) Easement lying in the SE 1/4 of the SE 1/ of Sec. 7-29-16 (Maurice A. Rothman). Item #40 - No Item. Commissioner Regulski moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. X - Other Items on City Manager Reports Item #41 - Preliminary Site Plan for Gulf-to-Bay (Office) Building located on the N side of Gulf-to-Bay Blvd., approx. 270' W of Hampton Rd.; M&B 24.01, Sec. 17-29-16 (Birton E. McMullen) PSP 87-35 (PnD). The applicant proposes to construct a three story 36,000 sq. ft. office building with related parking on this site. There is a 50 ft. City of St. Petersburg water line easement running diagonally across the property (no structure may encroach in this easement). The site plan indicates a DER wetland mitigation area with proposed channel on the east side of the site (the existing wetland area runs in an east/west and north/south direction through the center of the site). The applicant's tree survey, which is a part of the site plan, indicates that approximately 168 of the 217 oaks, 32 of the 34 pines, 7 of the 8 camphors, and 3 of the 6 bay trees existing on the site will be removed or destroyed by the proposed development. Access is proposed at one point off Gulf-to-Bay Blvd. and to the Park Place Office Complex to the north via a private drive. The Planning Director stated the major problem with this preliminary site plan is the proposed destruction of trees on the property. Discussion ensued regarding the alignment of the access cuts which could cause excessive speeding through the parking lot. Keith Crawford, Traffic Engineer, stated the traffic flow needs to be smooth without abrupt changes as this development will have a significant impact, particularly between the hours of 4:00 to 6:00 p.m. Howard Camp, of Camp Enterprises, stated he is the purchaser of the property and is working with King Engineering in designing the project. Mr. Camp stated it is a difficult site because of the number of trees and the water line easement. He has met with the Department of Environmental Regulation (DER) and with the Southwest Florida Water Management District (SWFWMD) regarding the mitigation effort and has been working with Alan Mayberry, Forestry Inspector, regarding the relocation and planting of trees. Mr. Camp stated there is a five year monitoring program required by both the DER and SWFWMD regarding the survival of the trees in the mitigation effort. Commissioner Regulski moved to authorize review of a final site plan by D.R.C. with final action by the City Commission subject to the following conditions: l) Signs and fencing shall be subject to separate review and permitting processes; 2) The size and location of the trash container(s) must be provided on the site plan for D.R.C. review; 3) No structure may encroach into or over the St. Petersburg Water Line Easement or the wetland area located on the site (the site plan indicates a corner of the building in the easement and a corner in the DER wetland Mitigation area, therefore, the site plan must be revised; 4) The applicant shall work with the Forestry Inspector and Planning staff to save the maximum number of trees possible on the site (may require revisions on the site plan), prior to D.R.C. review. (The Forestry Inspector should submit a report on this matter to D.R.C.); 5) An easement must be provided for the private drive to the abutting property to the north as required by the development order for the Park Place D.R.I., such easement to be more closely aligned with Sky Harbor Drive; 6) The applicant shall obtain AL/I zoning for the wetland mitigation area prior to certification of the final site plan; 7) One loading space must be provided on site; and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #42 - Receipt and Referral of Petition for Annexation, CH Zoning and a Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for a .46 acre parcel located on the SW corner at the intersection of Haas Ave. & US 19; being a portion of Lots 1 & 2, Haas Sub. & a portion of Lot 3, Blackburn Sub., Sec. 6-29-16 (Ridge Haven Assoc., Ltd.) A 87-37, LUP 87-25 ( PUD) . This is a portion of the property presently developed as the Ridge Haven Trailer Park. The request is made to permit a lease arrangement of the subject parcel and its development as a restaurant. The relocation of several sheds in conjunction with the single family residential use on Lot 1 and the relocation of three mobile homes will be required. The Planning Director has concerns regarding the odd configuration of the parcel. It is Commission policy that requested annexations include all contiguous property under a single ownership. The property owner making this request also owns Lots 2 through 8, Haas Sub. and the remainder of Lot 3, Blackburn Sub. The petition does not include these other properties. Robert Decker, attorney representing the owners of the property, stated the requested annexation is primarily for sewer hookup for a proposed restaurant called "Pizza Now". The odd configuration is due to an effort to meet the minimum lot size in CH (Highway Commercial) zone, thereby eliminating the need for a variance. Discussion ensued regarding the fact that the contiguous properties are not proposed to be annexed. Concerns were expressed regarding the proposed restaurant right next to the mobile home park. The Planning Director stated the restaurant could request an alcoholic beverage designation in the future. Commissioner Regulski moved to not consider the petition for annexation, but to allow the owners of the property to come back with an application with a more normal configuration. MOtion was duly seconded and carried unanimously. Item #43 - Parking Lot Lease for Lot 18 with Mary H. and William C. Kravas for three years (11/1/87 - 10/31/90) (TE). The City has operated Lot 18, owned by the Kravases and located west of the Post Office on Cleveland St. for several years. The new lease contains the same basic provisions but provides for a revised distribution of income and computation of gross receipts after sales tax is deducted. The lease calls for a minimum monthly rent of $800.00 plus 75% of the gross receipts in excess of $1,200 each month. The meter rates were increased from 10-20 cents/hour in August, 1987; therefore, it is expected the income will increase by 50%. Concerns were expressed regarding the leasing of parking lots when the City's own parking garages are not full and are located within 500 feet of this parking lot. The Traffic Engineer stated the City shares the proceeds from this parking lot and the parking is needed for the recently remodeled adjacent building. The Interim City Manager stated if the City does not execute the lease, the parking lot could still be operated privately by the property owner and be in competition with the City's parking garages. Commissioner Nunamaker moved to approve the three year lease with the Kravases and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Winner, Nunamaker and Mayor Garvey voted "aye". Commissioner Regulski voted "nay". Motion carried. Item #44 - Philadelphia Phillies, Amendments to Agreements regarding spring training at Jack Russell Stadium & Carpenter Field (PR). The City Commission, at its regular meeting of October 1, 1987, approved "amendments" to the agreements. In return for $500,000 worth of improvements to be paid for by the City, the terms of both agreements were extended for 5 years, from Dec. 31, 1988 to Dec. 31, 1993. During Commission discussion of this item, staff was directed to discuss in further detail with Mr. Bill Giles, president of the Phillies, Mr. Giles' request that the practice infield be constructed out of astroturf. Mr. Giles had proposed that if the City would fund this astroturf at an estimated cost of $275,000, he would be willing to add an additional three years to the agreements. Staff met with Mr. Giles and the recommended amendments were prepared as a result of the meeting. If approved, the City will provide $775,000 worth of improvements (including the astroturf) and the Phillies will extend their commitment to spring training in Clearwater for an additional eight years, making the minimum term ending date of each agreement December 31, 1396. The City's overall cost of $775,000 represents an annual investment of $96,875 for each of the eight years the Phillies remain in Clearwater. Ream Wilson, Parks and Recreation Director, stated there are a number of improvements proposed including the installation of astroturf for the practice infield in exchange for the lease being extended an additional three years. Bill Giles, President of the Philadelphia Phillies, stated the Phillies have been approached by other communities for relocation; however, they are happy in Clearwater and would like to stay. They are willing to extend the lease in exchange for $775,000 worth of improvements. The lease would be an additional eight years, making a total of nine years, to run until 1996. Some of the improvements depend on the vacation of the Missouri Ave. extension. Bill Webb, attorney representing the Phillies, stated the Phillies are requesting the improvements be done in a timely fashion, and would like to have a March 1, 1988 date in the contract, subject to contingencies out of City control such as weather, delivery of the astroturf and the vacation of Missouri Ave. It was emphasized the astro turf will be delivered by Monsanto and delivery will be their problem; however, the City is required to prepare the ground for the astroturf, and this would need to be done in a timely fashion. Bill Baker, Public Works Director, stated the vacation request has been instituted. He stated he couldn't guarantee Public Works could prepare the ground by the March 1st date without seeing specifications and plans. Discussion ensued regarding approving the concept and allowing additional time for the Public Works Director to review the specifications. Mr. Giles stated he felt it was fair to put a dollar amount into the contract as it limits the City's obligation. Any additional improvements would be paid for by the Phillies; if funds are left, there are certain contingency improvements they could choose to do. The Parks and Recreation Director stated he was comfortable with the wording in the contract; he will provide specifications for the Public Works Director's review the day following the meeting. The Interim City Manager stated the source of funds needs to be identified. Staff is recommending the funds be borrowed from the garage fund through an interfund loan; to be repaid with interest at the rate the garage fund currently earns; the first year's interest to be paid from the special development uncommitted fund balance; and that future debt service be included in the Parks and Recreation Department's operating budget. Commissioner Berfield moved to approve the requested amendments, with the funds to be borrowed from the garage fund through an interfund loan to be repaid with interest at the rate the garage fund currently earns; the first year's interest to be paid from the special development uncommitted fund balance; and future debt service be included in the Parks and Recreation Department's operating budget and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #45 - Acquisition of Cooper's Point Discussions have been held with Cooper's Point Partners, Ltd. (Sembler Equities) regarding the joint City/County acquisition of Cooper's Point excluding the property owned by the Christian College. The property is more commonly referred to as MacMullen and Zinzer Tracts. The Cooper's Point Partners are willing to sell the property under the following conditions: 1. Total purchase price - $2.6 million (City share $1.3 million). 2. The County would pay its share at time of closing. 3. The City could be allowed to pay its share in a five year period at an interest rate of 5% (quarterly payments). 4. The Cooper's Point organization would contribute $100,000 toward the construction of the improvements once they are completed. This obligation is terminated after the five year period if the construction has not occurred. 5. Closing will be equally split between the seller and the City. The following facts should be noted: 1. The Cooper's Point Partners paid $1 million for the property, closing on August 3, 1987. 2. The two joint City/County appraisals established the value of the property at $1.8 and $2.0 million. 3. The two appraisals of the Sembler organizations set the value of the property at $2.8 and $3.3 million. 4. The City of Clearwater does not now have its funds budgeted. 5. The County does have funds of $1.3 million available for this purpose. Six citizens spoke in support of the joint City/County acquisition of Cooper's Point emphasizing the environmental sensitivity of the area, that it is a wildlife habitat, and that Cooper's Point is one of the last available wetlands. Two citizens spoke against the acquisition emphasizing the exorbitant Discussion ensued regarding the price, considering the fact it was purchased three months ago for $1 million. It was stated the property is appraised on the tax rolls at $9,000. The Interim City Manager stated the item is requesting direction to staff, not approval of a contract. Commissioner Winner moved to direct staff to offer $1.3 million as the total purchase price for Cooper's Point (City's share $650,000). Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Nunamaker voted "aye". Mayor Garvey voted "nay". Motion carried. Item #46 - Resolution 37-40, Designating the Finance Director and Assistant Finance Director as "appropriate officials" for purposes of executing individual Lease/Purchase contracts with Citicorp on behalf of the City (FIN). Citicorp industrial credit has requested this resolution defining the "appropriate officials". There is no change in policy as the designated officials have always executed Lease/Purchase contracts on behalf of the City. Commissioner Regulski moved to pass and adopt Resolution 87-40 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Ayes": None. The meeting recessed from 10:48 to 10:55 p.m. XI - Other Pending Matters Item #47 - Approval of Selection Firm for City Manager Replacement Two firms, Frank Walker Associates, Inc. and Barry M. Cohen Associates, Inc. have made presentations outlining the procedures they would use to assist the City Commission in selecting a City Manager. Walker Associates would cull the resumes to a top group and conduct background interviews and administer a series of personality tests to the top candidates to assess the strengths and weaknesses of the candidates. Cohen Associates proposes to cull out a top group of candidates and administer a combination of personality and assessment center measures and conduct a background interview to assess the strengths and weaknesses of the top candidates. Cohen Associates would first conduct a job analysis to identify the parts of the job that are crucial to success. Walker Associates proposes a fee of $100 per hour. Cohen Associates proposes a $1,200 fee for the job analysis and $1,000 to $1,500 for testing per candidate. Total fee estimates were approximate as they depend on the definition of the assignment. Discussion ensued regarding the advantages and disadvantages of the two suggested firms and the advantages of assessment center technique versus personality testing. Commissioner Nunamaker moved to hire Frank Walker and Associates and that the appropriate officials be authorized to execute sa;ne. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski and Nunamaker voted "aye". Commissioner Winner and Mayor Garvey voted "nay". Motion carried. XII - Verbal Reports - None. CITY ATTORNEY REPORTS XIII - First Reading Ordinances Item #48 - Ordinance 4495-37 - Vacating the S'ly 2.33' of the N'ly 10' Drainage & Utility Easement lying within Lot 515, Morningside Estates Sub. Unit 3; V 87-11 (Richard V. and Sandra R. Hart). The City Attorney presented Ordinance 4495-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4495-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #49 - Ordinance 4496-87 - Vacating an unimproved portion of the Hart St. ROW between the abandoned Seaboard RR and the main line, lying N of B1ks. 9 & 10 of Jones Sub. Replat, Sec. 9-29-15 (City) V 87-10. The City Attorney presented Ordinance 4496-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4496-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #50 - Ordinance 4497-87 - Annexation of a parcel of land located on the N side of Downing St. approx. 450' E of McMullen Booth Rd.; Lot 6, Downing Sub.; A 37-29 (Jennie A. Keegan). The City Attorney presented Ordinance 4497-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4497-37 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #51 - Ordinance 4498-37 - Zoning Atlas Amendment as Single Family Residential District (RS-8) on property annexed in Ordinance 4497-87; A 37-29 (Keegan). The City Attorney presented Ordinance 4498-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4498-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #52 - Ordinance 4499-87 - Annexing a parcel of land located on the S side of Parkwood St. approx. 200' E of Betty Lane; Lot 7, Blk. 3, Pine Ridge Sub.; A 37-30 (Enid T. Henry). The City Attorney presented Ordinance 4493-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4499-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays': None. Item #53 - Ordinance 4500-87 - Zoning Atlas Amendment as Single Family Residential District (RS-8) for property annexed in Ordinance 4499-87; A 37-30 (Enid T. Henry). The City Attorney presented Ordinance 4500-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4500-37 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #54 - Ordinance 4503-87 - Amending Ordinance 2019 to change Land Use Designation from Commercial/Tourist Facilities to Residential/Office for property located 250' E of and 700' N of the intersection of Old Coachman Rd. & Gulf-to-Bay Blvd.; M&B 14.04, Sec. 18-29-16; 7. 87-15, LUP 87-21 (Husni, Al-Jeraisy & Bamogaddam). The City Attorney presented Ordinance 4503-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4503-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #55 - Ordinance 4504-87 - Zoning Atlas Amendment from Highway Commercial (CH) to Limited Office (OL) for Parcel 1 and from General Office (05) to Limited Office (OL) for Parcel 2; M&B 14.04, Sec. 13-29-15; Z 87-15, LUP 37-21 (Husni, AlJeraisy & Bamogaddam). The City Attorney presented Ordinance 4504-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4504-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #56 - Ordinance 4510-87, Pension Rewrite The City Attorney stated there are still many issues to be addressed regarding the revisions to the pension plan, and he does not recommend trying to make the December 15th election date. Discussion ensued regarding the possibility of finalizing the pension revisions in time to make the March, 1988 Presidential Preference Primary election. John Nicholson, of the Pension Advisory Committee, stated the Committee cannot, at this time, recommend the proposed ordinance. Commissioner Berfield moved to continue Ordinance 4510-87 to a date uncertain and to cancel the December 15, 1987 election. Motion was duly seconded and carried unanimously. XIV - Other City Attorney Items Item #57 - Settlement of Clearwater Seville Case This lawsuit, which has been pending for five years, is an attempt to enforce the provisions of an annexation agreement entered into in 1969 relating to the property known as Clearwater Seville, east of U.S. Hwy. 19 and south of the Clearwater Mall. The City entered into this agreement with William G. Blackburn and Wallace W. Blackburn, d/b/a Blackburn Brothers Land Development, a partnership. Under the terms of that agreement, certain property was to be annexed into the City within a six-year period. Most, but not all, of the property has been annexed into the City, and most of the property has been developed as Clearwater Mall and Clearwater Seville. The agreement proposed that certain parcels were to be zoned "B" business, and certain parcels were to be "RM" multiple family with limited business. At that time, the R-M zoning district category allowed a maximum density of 54.45 residential units per acre. Since that time, the property has been subject to rezoning actions and code amendments having the net effect of lowering the density allowed on the property. Presently, most of the property is zoned RM-28, with smaller parcels zoned RM-12 and OL (Limited Office). The owners want to establish that they are entitled by law to the 1369 density levels, which would be 54.45 units per acre as the result of expenditures made by them for sewer lines and other facilities in a size appropriate to serve a development of the scale permitted under the zoning as set forth in the annexation agreement. This annexation agreement and resulting lawsuit are somewhat similar to those for Sand Key and other properties in the City, the history of which has not been successful from the City's perspective. After discussing the various possibilities for settlement of this case, in order to avoid the expense of trial and the risk of doing worse, a tentative agreement has been reached with the Plaintiffs. Under the terms of the proposal, the RM12 property to the south would be zoned RH-28, and the OL property would be zoned CH. All of the RM_28 property would remain as RM-28. Also, the settlement is contingent upon the adoption of the proposed ordinance which redefines density for adult congregate care facility (two beds equals one unit). The City Attorney explained the issue in the Clearwater Seville case was density; Seville had wanted 44.5 units per acre. At the present time, an ACLF is planned for the present RM-12 zoning district and they are requesting RM-28 in order to provide more beds. The legal staff is recommending approval of the settlement. Commissioner Berfield moved to approve the proposed settlement in the Clearwater Seville Ltd. v. City of Clearwater suit and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". Motion carried. The City Attorney distributed the 11th Circuit Court of Appeals decision in Don's Portasigns v. City of Clearwater. The appellate court reversed the district court which had declared the City's portable sign regulations to be in violation of the first amendment and equal protection clause and had enjoined the City from enforcing the ordinance. The appellate court concluded that our portable sign regulations violate neither the first amendment nor the equal protection clause. XVI - Other Commission Action Item #58 - Interim City Manager Salary Joseph R. McFate II was appointed to serve as Interim City Manager effective October 6, 1337. Commissioner Regulski moved that Mr. McFate's salary be increased while he is Interim City Manager to $61,320 plus the City's 670 ICMA contribution for a total annual salary of $55,303. Motion was duly seconded and carried unanimously. Mr. McFate informed the City Commission that he would be using an existing City vehicle for transportation to and from work and for City business. Commission consensus was to approve this use. Mayor Garvey questioned whether the Commission wished to give direction to the Interim City Manager regarding the former City Manager's recommendation of a 2.5% cash bonus to executive pay plan personnel . Commission consensus was for the Interim City Manager to make that decision at the appropriate time. Mayor Garvey requested direction from the Commission regarding the City's commitment to the Clearwater Bombers. The consensus of the Commission was the current agreement would remain in effect and the Bombers be notified of same. Mayor Garvey questioned whether the Commission wished to reconsider the Dust annexation and zoning as she had received a letter from Mr. Dust requesting reconsideration. Commission consensus was not to reconsider. Mayor Garvey questioned the City Attorney regarding whether the Krisco case could be relitigated. The City Attorney stated the case is closed and could not be relitigated. Commissioner Regulski stated he has difficulty supporting breakwaters when the people requesting Commission support are suing the City. Mayor Garvey stated the letter from the Cabana Club is an error; she had stated the City would support beach renourishment but not breakwaters at this time. Commissioner Berfield requested an update of the Gray case be discussed at a future work session. XVII - Adjournment The meeting adjourned at 11:44 p.m.