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10/06/1988 CITY COMMISSION MEETING October 6, 1988 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, October 6, 1988, at 6:01 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: Ron H. Rabun 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. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Refunding Portion of Sewer System AWT Bonds, First Reading Ordinance 4696-88 - which makes minor changes to the original bond authorization ordinance, Resolution 88-48 - awarding sale of the refunding bonds to William R. Hough and Company (FIN). Ordinance 4696-88 reflects minor changes to the original bond authorization ordinance as specifically requested by Moody's Investors Service, one of the two principal bond rating agencies. The changes relate only to the definition of refunded bonds and a requirement that the bond insurer be recognized by both major rating agencies. Resolution 88-48 awards the sale of the refunding bonds to William R. Hough and Co., acting as negotiated underwriter. The actual sale agreement, including interest rates underwriter's discount, and other closing costs, will depend on market conditions. Proceeds of this sale will only be used to refund the existing 1987 bonds and a portion of the 1984 bonds. A subsequent issue to provide new money for project construction will be sold at public sale and must follow the refunding by at least 30 days. This subsequent sale is currently scheduled for November 10, and will require a special Commission tentatively scheduled for 1:30 p.m. on Thursday, November 10. The City Attorney presented Ordinance 4696-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4696-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Dan Deignan, Finance Director, stated staff recommends the sale of these refunding bonds to William R. Hough and Company. He stated the refunding is one part of a two part process providing funds for the advanced wastewater treatment bonds. Due to technical arbitrage regulations, refunding of these bonds will produce a $3.6 million reduction in debt service. Commissioner Winner moved to pass and adopt Resolution 88-48 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. "Nays": None. IV - Service Pin Awards. 3 service pins were awarded to City employees. V - Introductions and Awards. Employee of the Month, September, 1988 - Jim Carino, Firefighter. Proclamations: Arthritis Research Week - October 10-16, 1988. Humane Society Appreciation Week - October 22-29, 1988. VI - Minutes of the Regular Meeting of September 15, 1988. Commissioner Regulski moved to approve the minutes of the regular meeting of September 15, 1988, as corrected by the City Clerk. Motion was duly seconded and carried unanimously. VII - Presentations - None. VIII - Citizens to be heard re items not on the agenda. Louis Kwall, Attorney for Mr. DeSantis, stated Mr. DeSantis deserves to be reinstated to the Police Department. He further stated Mr. DeSantis is being singled out for political reasons and requested an independent investigation of the disciplinary actions taken by the Police Department. He requested the City Commission make a decision regarding this case rather than the Civil Service Board rehearing the appeal. IX - Public Hearings. Item #9 - Request for variance to the minimum distance requirement for alcoholic beverage sales; Lots 1-5, Blk. C, Bayside Sub. #5 and M&B 22.01, Sec. 17-29-15 (William Shephard Trustee, Shephard Family Trust/Shephard's Restaurant & Lounge/ Lagoon Resort Motel, Inc.) AB 88-17 (CLK) This request was received to permit on premises consumption and package sales of beer, wine, and liquor within 0 feet of a residential zone at 601-609 S. Gulfview Blvd., zoned CR-28 (Resort Commercial "Twenty-Eight"). A conditional use permit for alcoholic beverage sales was approved by the Planning & Zoning Board on Ocotber 4th subject to building permit being procured within six months. Raymond Perry, Attorney representing the trustee of the owner, stated they have owned this hotel for over eleven years. The Bank Restaurant was previously located there with an alcoholic beverage license. He stated this is in a CR zone, with CR being considered residential. He presented photographs of adjacent properties and reviewed the uses in the area. In response to a question, he indicated the previous alcoholic beverage license went with the previous tenant when they left. Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement. Motion was duly seconded and carried unanimously. Item #10 - Request for variance to the minimum distance requirement for alcoholic beverage sales; Lot 4 and part of Lot 9, Miller's Replat (Joan Boni/Lorenzo's) AB 88-18 (CLK) This request was received to permit on premises consumption of beer and wine within 0 feet of a residential zone at 19 and 19A Rockaway St., zoned CR-28 (Resort Commercial "Twenty-Eight"). A conditional use permit for alcoholic beverage sales was approved by the Planning and Zoning Board on October 4th subject to Certificate of Occupancy being obtained within six months. The Planning Director indicated the owners are proposing to reopen a restaurant in an older motel with two rooms being converted to restrooms to accommodate the facility. She stated a parking variance was granted by the Development Code Adjustment Board. Discussion ensued regarding the parking variance and the appropriateness of businesses using city parking to accommodate their facilities. One citizen spoke in opposition because she feels the establishment is too close to a City Park and the beach; she opposes the business relying on City parking; according to the application, seating requirements were not met; she feels the establishment will be a detriment to the health, safety and welfare of the public, and no hardship was shown. The Planning Director indicated that, in regard to the seating, the Fire Marshal will notify staff if the business does not meet the seating requirements. Commissioner Winner moved to approve the requested variance to the alcoholic beverage minimum distance requirement. The motion was duly seconded and upon the vote being taken, Commissioners Winner, Regulski, Nunamaker and Mayor Garvey voted "Aye". Commissioner Berfield voted "Nay". Motion carried. Item #11 - Public Hearing & First Reading, Ordinances 4678-88, 4679-88, and 4680 - Petition for Annexation, Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities and CH (Highway Commercial) Zoning for a .36 acre parcel located on the E side of Lawson Rd. approx. 600 ft. N of Blackburn St.; the S 149.5 ft. of the W 104.5 ft. of Lot 8, Blackburn Sub. (City/Cambas) A 88-24, LUP 88-19 (PUD) The parcel is developed as an office and maintenance facility for a cab company. The property was the subject of an agreement to annex signed on December 17, 1985. The parcel is now contiguous to the existing City limits and is eligible for annexation. As provided for in the agreement, the owners were given the required 60 day notice. No Open Space/Recreation Facility fee would be due. City water and sewer are available. Commissioner Berfield moved to approve the requested annexation, land use plan and zoning amendments on the subject property. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4678-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4678-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4679-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4679-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4680-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4680-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #12 - Public Hearing & First Reading, Ordinances 4681-88 and 4682-88 - Petition for Annexation and IL Zoning for a 15.9 acre parcel located on both sides of Sunshine Dr. adjacent to and N of the S.C.L. R.R. tracks; 50 ft. easement for R.R., part of Lot 15, Clwr. Industrial Park and portion of M&B 12.01, Sec. 12-29-15 (Multiple/City) A 88-25 (PUD) The properties were the subject of three agreements to annex as follows: ATA 30, originally signed June 7, 1973, as revised on July 11, 1977; ATA 46 signed on July 22, 1976; and ATA 130 entered into on April 17, 1981. The properties, including the adjacent City owned parcel, are now contiguous to the existing City limits and it is appropriate they be annexed. The property owners were given the 60 day notice as required by the agreements. The City parcel is presently vacant but the remaining parcels are developed with industrial uses. City water, sewer and natural gas are available. The City Attorney presented Ordinance 4681-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4681-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4682-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4682-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #13 - Public Hearing & First Reading, Ordinances 4683-88 and 4684-88 - Petition for Annexation and IL Zoning for a .94 acre parcel located on the S side of Range Rd. approx. 750 ft. W of Belcher Rd.; M&B 14.02, Sec. 12-29-15 (Zukowski) A 88-26 (PUD) The property is currently vacant but is being used for vehicle storage. The proposal is to build a facility which will be rented for warehousing and small industrial uses. City water, sewer and natural gas are available. Commissioner Regulski moved to approve the requested annexation and zoning on the subject property. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4683-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4683-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The City Attorney presented Ordinance 4684-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4684-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Public Hearings - Second Reading Ordinances Item #14 - Ordinance 4648-88, Creating Sec. 136.027 - to provide that no property owner shall be entitled as a matter of right to a permit or approval for development of property created as a result of an unlawful subdivision, where such subdivision resulted in dimunition of required parking or violation of certain requirement or regulations applicable to any property created as a result of nonconformity and any variances made necessary as a result of the unlawful subdivision, without prior approval by the City of a plan to mitigate the nonconformity and any variances made necessary as a result of the unlawful subdivision. The City Attorney presented Ordinance 4648-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4648-88 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 - Ordinance 4661-88, Vacating partial rights-of-ways of various streets and easements, Lots 3-10, Blk. L; Lots 1-24, Blk. M; Lots 2-5, Blk. P; Lots 1-6, Blk. Q; Lots 2-9, Blk H. within Brooklawn Sub. and portion of Lot 10 in E.A. Marshall's Sub. (Rogero) V 88-03 Commissioner Regulski moved to amend Ordinance 4661-88 on page 1, Sec. 3, delete sentence and substitute the following: This ordinance shall take effect upon its recording in the public records of Pinellas County, Florida. It is the intent of the City Commission that this ordinance shall take effect upon the recording of the subdivision plat known as "Brooklawn, a Replat", and that the City Engineer shall cause this ordinance to be recorded at that time. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4661-88, as amended, for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4661-88, as amended, 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 #16 - Ordinance 4668-88, Annexation of property located on the S side of SR 590 approx. 300 ft. E of Spring Lake Dr.; consisting of Lots 1 and 1A, Spring Lake Estates (Pasqualotto) A 88-23. The City Attorney presented Ordinance 4668-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4668-88 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 - Ordinance 4669-88, Zoning Atlas Amendment as Single Family Residential (RS-8) on property annexed in Ord. 4668-88 (A 88-23) The City Attorney presented Ordinance 4669-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4669-88 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 - Ordinance 4685-88, Relating to Fire Alarms and Security Alarms; Repealing Art. III of Chap. 93 and Creating Chap. 94; prohibiting negligent maintenance of alarm system and installation or continued use of faulty alarm system; providing that alarm users shall be responsible for proper maintenance, adjustment and use of alarm system; providing for imposition of fees and charges for false alarms; prohibiting use of automatic dialing devices and digital alarm communicator alarm systems. Commissioner Winner moved to amend Ordinance 4685-88 as follows: on page 1, insert in the title before "Providing an Effective Date": Prohibiting the use of an alarm system that does not have an auxiliary power supply that activates in the event of power failure or electrical outage; prohibiting the use of a security alarm system that emits an audible alarm that does not deactivate within twenty minutes after activation; on page 5, delete Sec. 94.05 and substitute: Sec. 94.05. Prohibitions; penalty. (1) It shall be unlawful to install or maintain an automatic telephone dialing device or digital alarm communicator alarm system within the city. (2) It shall be unlawful to install or maintain an alarm system that does not have an auxiliary power supply that activates in the event of a power failure or electrical outage. (3) It shall be unlawful to install or maintain a security alarm system that emits an audible alarm that does not deactivate within twenty minutes after activation, but this requirement shall not apply to fire alarm systems. (4) Any violation of this section shall be considered a separate violation and shall be punished in accordance with Sec. 162.09, Florida Statutes. Motion was duly seconded and carried unanimously. In response to questions, the City Attorney indicated auxillary power and automatic cutoffs are parts of the current state of the art systems. The City Attorney presented Ordinance 4685-88, as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4685-88, as amended, 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 - Ordinance 4686-88, Relating to the Supplementary Police Pension and Retirement Trust Funds; Amending Secs. 26.70, 26.71 and 26.73; amending the definition of "police officer"; providing for fractional shares in the fund; and providing standards for investment of fund assests. The City Attorney presented Ordinance 4686-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4686-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. CITY MANAGER REPORTS X - Consent Agenda - Approved as submitted less Items 22, 30 & 38. Agreements - Approved. Item #20 - Approve Line of Credit Lease Purchase Financing Agreement for 1988-89 with General Electric Fleet Services, Inc. for $2.5 million to cover all planned lease purchase equipment acquisitions for fiscal 1989; individual contracts t be for five years each at an interest rate of 74.78% of New York prime rate on the date the contract is executed. In addition, all uncompleted equipment acquisitions previously approved for financing with Citicorp under the Master Agreement which expire on September 30, 1988 are hereby authorized to be financed under this new agreement (FIN). Item #21 - Calvary Baptist Church - Approve "License Agreement" relative to placement of benches on church property at intersection of Osceola and Cleveland Sts.: cost and installation to be borne by the Church (Trustees of Calvary Baptist Church/City) (PR). Item #22 - See page 9. Bids & Contracts - Approved. Item #23 - Replacement Computer Equipment for Fleet Maintenace - Award contract to purchase MicroVAX hardware and Contrac Fuel System from Diagonal Data Corp., Minneapolis, MN for $266,026; purchase of nine letter-quality printers at $10,585.53 (Sec. 42.23(4)) and contract to install wiring for the system at $8,139 (Sec. 42.23(2)) to Digital Equipment Corp.; grand total of $284,750.53 (CS). Item #24 - City Wide Elevator Maintenance and Inspection - Extend two contracts: General Elevator Corp., Pinellas Park, $1,162.37 and Miami Elevator Co., Tampa, $14,214.96 for a total of $15,377.33 from 10/1/88 thru 9/30/89 (CS). Item #25 - Annual Renewal of Microcomputer, Printer and Terminal Maintenance Contract - Extend contract for on-site service to Unisys Corp., Tampa, est. $65,500 for period 10/1/88 - 9/30/89 (CS). Item #26 -Laundry/Dry Cleaning/Alteration Services for Police, Fire, and Marine Departments - Award contract to North Hercules Cleaners, Clwr., est. $28,400 from 10/15/88 to 10/14/89 (CS). Item #27 - Realignment of Airport Drive at Gilbert St. (88-13) - Award contract to Cone Constructors, Inc., $58,047.50 for a 500 ft. portion of street which has been determined to be unsafe due to an extremely sharp horizontal curve and substandard pavement widths (PW). Item #28 - Emergency Repair of Flood Damage to Countryside Roads - Ratify the City Manager's action to award an emergency P.O. to R.E. Purcell Construction Co., $60,000, due to recent severe flooding (PW). Item #29 - Clearwater Executive Airpark Mowing Contract - Award contract to Caladesi Landscaping & Maintenance, Dunedin, $21,794 from 10/15/88 to 10/14/89 (PW). Item #30 - See page 9. Citizen & Staff Requests - Approved. Item #31 - Acceptance of 5th Annual Report on the Development of Regional Impact of Park Place DRI (Metro Development Corp.) (PUD). Leases - Approved. Item #32 - Marina Office Room - Approve rental of room 28 to United States Customs Service as addition to existing lease which expires 2/7/92; revenue of $1,830/year (MR). Item #33 - Marina Room 8 Lease - Approve renewal of agreement with John Giddy d/b/a Hurry Photo from 12/1/88 to 11/30/89 for a total revenue of $7,200 (MR). Plans & Plats - Approved. Item #34 - Preliminary Subdivision Plat for Hidden Oaks located at the NW corner of McMullen-Booth Rd. and SR 590; a portion of M&B 33.03, Sec. 4-29-15 (Babcock Co.) SUB 88-11, Related File: PSP 87-7 (PUD); authorize review of preliminary plat with final action by the Development Review Committee subject to: 1) the subdivision plat shall be reviewed in concert with an application to rezone the OL portion of the site to OPD (Office Planned Development), unless a condominium plat is filed for recordation; 2) a Unity of Title shall be recorded for the entire property prior to or in concert with the recording of the final plat; and 3) cross parking easements and cross ingress/egress easements must be provided on the plat for recording. Item #35 - Preliminary Subdivision Plat for The Clearwater Collection First Replat located on the W side of U.S. 19 and on the N side of Drew St.; Lots 1-3, Sec. 7-29-16 (The Clearwater Collection Associates, Ltd.) SUB 88-13, Related Files: PSP 86-35 and SUB 87-9 (PUD); authorize review of final plat with final action by the DRC subject to the following conditions: 1) an amended site plan reflecting changes in the plat must be submitted to be reviewed in concert with the preliminary plat by the DRC; 2) the plat must be recorded within six months from the date of certification of the preliminary plat; 3) the OR Book and Page Number for the blanket ingress/egress easement for refuse utility vehicles and for the water and gas main must be provided on the plat for recording; 4) cross parking and ingress/egress easements must be provided on the plat for recording; and 5) a Unity of Title shall be recorded for the entire property prior to or in concert with the recording of the revised final plat. Receipt & Referral - Received and referred to proper departments. Item #36 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and a Zoning Atlas Amendment from RS-8 (Single Family Residential) and RM-8 (Multi-Family Residential) to P/SP for a .48 acre parcel located on the E and W side of Prospect Ave. N of Magnolia Drive; the S 28.5 ft. of Lots 12-17, the N 26.5 ft. of Lots 18-23, the S 111.5 ft. of the W 1/2 of Lot 21, Blk. C; Lots 36-37, the E 4 ft. of Lot 35, the S 73 ft. of Lots 38-42, Blk. D, Mt. Orange Revised Sub., Sec. 15-29-15 (Diocese of St. Petersburg) LUP 88-20, Z 88-20 (PUD). Item #37 - Petition for Annexation, Land Use Plan Amendment from Residential/ Office and Low Density Residential to Public/Semi-Public and P/SP Zoning for two 3.14 total acre parcels located on the S side of Drew St. approx. 825 ft. E of Belcher Rd.; M&B 22.02, Sec. 18-29-16 and Lot 1, Blk. A, Eastwood Terrace Sub. (First Christian Church) A 88-31, LUP 88-21 (PUD). Item #38 - See page 10. Item #39 - Land Use Plan Amendment from Public/Semi-Public to Industrial and Zoning Atlas Amendment from P/SP to IL (Limited Industrial) for a 1.69 acre parcel located on the S side of Calumet St. approx. 900 ft. W of Belcher Rd.; a portion of Lot 17, Clwr. Industrial Park, Sec. 1-29-15 (UPARC, Inc.) LUP 88-23, Z 88-21 (PUD). Item #40 - Petition for Annexation and RS-8 (Single Family Residential) Zoning for a .17 acre parcel located on the E side of Belcher Rd. approx. 225 ft. N of South Lagoon Circle; the N 45 ft. of Lot 30 and S 15 ft. of Lot 29, Clwr. Manor, Sec. 6-29-16 (Underwood) A 88-33 (PUD). City Attorney Agreements, Deeds & Easements - Accepted. Item #41 - 10 Ft. Water Main Easement lying five ft. either side of the centerline of water mains as installed; Lots 2 and 15, Pinellas Groves (Diocese of St. Petersburg/Light of Christ Church). Commissioner Berfield moved to approve the Consent Agenda as submitted, less Items 22, 30 & 38, and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #22 - Approve Stevenson Creek Agreement - City of Clearwater and SWFWMD (Southwest Florida Water Management District; 50/50 split for water hydrological improvements; SWFWMD will fund up to 50% of the total engineering, not to exceed $125,000 (PW). The Southwest Florida Water Management District (SWFWMD) has offered through one of its district programs to fund the final design plans and specifications for water and hydrological improvements to Stevenson Creek on a 50/50 split with the City. SWFWMD wil fund up to 50% of the total engineering, but not more than $125,000. The City will be reimbursed for consultant costs after the necessary permits have been obtained. The project has been divided so the City will have adequate time to accomplish construction of the proposed improvement. The time frame stipulated requires the City begin construction within two years of receiving funds, and then provides five years to complete construction. The Agreement does not commit the City to construction unless we accept funding. It also provides a time frame that is generous and far exceeds that proposed by our time schedule. It was indicated the Agreement needs to be amended on page 2 regarding the names of the phases: Phase I is to be changed to "channel and structure improvements in Stevenson Creek between Betty Lane and Pierce St."; Phase II, "channel and structure improvements in Stevenson Creek between Pierce St. and Druid Rd."; Phase III, "channel and structure improvements in Stevenson Creek between Druid Rd. and Jeffords St."; Phase IV remains as indicated. Commissioner Nunamaker moved to approve the agreement as amended. Motion was duly seconded and carried unanimously. Item #30 - Parking Lot Attendant Services at Parking Lots on Clearwater Beach - Award contract to Republic Parking System, Chattanooga, TN, $52,346 from 11/1/88 to 10/30/89 (TE). Bids were received to provide parking lot attendant services to collect parking fees at S. Gulfview, Pier 60 and Rockaway parking lots at night. Three bids were received. The two lowest bids were rejected for failing to meet the specifications relating to qualifications of bidders. Both low bidders are security guard companies and have never operated a pay parking lot. The third bidder, Republic Parking, is the present supplier of this service and is responsive to all bid requirements. The specifications relating to costs consisted of two parts. Part 1 is an administrative cost which includes uniforms, insurance, workers compensation, supervisory and all other overhead costs incurred. This will be a fixed amount for the period of the contract and is not subject to adjustment if the hours of operation are increased or decreased. Part 2 is the man-hour cost which is the rate applied to the cost of salaries and other expenses related directly to the number of hours an attendant is on duty. If the hours of operation of the lot are increased or decreased, the man-hour cost will be the basis for adjusting the compensation. Discussion ensued regarding the issue of attendant parking with some concern whether or not the City should be providing parking for businesses on the beach, particularly in the case of the Rockaway lot as it operates at a deficit. Consensus of the Commission was to discuss this issue at the next work session. Commissioner Regulski moved to award the contract. Motion was duly seconded aned carried unanimously. Item #38 - Petition for Annexation, Land Use Plan Amendment from Medium Density Residential to Industrial and IL (Limited Industrial) District Zoning for a 2.6 acre parcel located on the W side of Belcher Rd. approx. 500 ft. S of Sunset Pt. Rd.; part of Lot 1, Pinellas Groves and M&B 32.011, and a portion of vacated street, SE 1/4 Sec. 1-29-15 (Bennett & Pennington Trustees) A 88-32, LUP 88-22 (PUD) The property owners received a special exception to the existing C-2 County zoning to put in mini-storage warehouses on the subject property. Pinellas County Health Department denied a request for a sewage septic system, but the denial was appealed to the State and was approved. The proposed facility is under construction. This parcel was a portion of Annexation 86-29, which was approved by the City Commission on November 20, 1986 for limited office zoning and a land use plan amendment to residential office; but this portion of the request was withdrawn by the applicant following the public hearing. The Commission expressed concerns regarding the application being withdrawn and then reapplied for after development was initiated under County regulations. It was requested that as many discrepancies as possible between City standards and County standards be addressed, and that the Planning and Zoning Board be advised of the Commission's concern. Commissioner Winner moved to receive the annexation application and refer it to the appropriate departments. Motion was duly seconded and carried unanimously. XI - Other Items on city Manager Reports. Item #42 - Preliminary Subdivision Plat for South Oaks Fashion Square and a Related Change to Condition No. 7 of the Final Site Plan for South Oaks Fashion Square located at the SW corner of SR 590 and McMullen-Booth Rd.; portion of H.H. Baskin's Replat, Tract 1 and Lots 1 & 2, Blk. C, Dellwood Heights, Sec. 9-29-16 (McMullen Booth Ltd.) SUB 88-12, PSP 88-7 (PUD). On May 5, 1988, the City Commisison approved a zoning amendment from IL (Limited Industrial) to IPD (Industrial Planned Development), a Final Master Site Plan for South Oaks Fashion Square, and an amendment to the Annexation Agreement between the City and David Bilgore & Co., Inc. for the proposed retail/office development on this site (the IPD zoning was finalized by the Commission on July 7th). The site plan was approved subject to nine conditions. The site plan has not yet been certified. The developer now requests approval of a two lot subdivision plat to reflect future ownership. As the developer's plan is to first construct the retail center which will be located on the southerly Lot 1, he requests that, in conjunction with the plat, the required site plan condition No. 7 be applied at such time when a building permit is requested for the office development on the northerly proposed Lot 2 or upon notice from the city that construction of Landmark Dr. is to commence, whichever occurs first. The approved points of access will not be affected by the plat. The Planning Director indicated, now that staff is aware of the phasing of the project, staff wishes to assure the right-of-way from Landmark Drive is retained. Also, a condition regarding unity of title has been added. She indicated the site plan has not been certified, and it can be amended to be in accordance with the plat. Concerns regarding the wall and landscaping being placed in the Landmark Drive right-of-way had been raised at the work session on Monday. Staff's recommendation now requires the landscaping and the wall to be on the developer's property. Discussion ensued regarding the treatment of the right-of-way. Concerns were also expressed regarding if the property is divided, whether or not variances would be requested for the second piece of property. Dave Healey, representing the applicant, stated a temporary easement in Landmark Drive right-of-way would allow them to meet their obligation to Mission Hills, in which they agreed to beautify the area between Mission Hills and the Center. He stated they will provide the City with whatever legal instrument is necessary; and they are prepared to stipulate as a condition of the platting that signage allowed would be that for one property. He questioned the need for an easement for a ten by ten well site, and requested clarification regarding condition #1 requiring cross parking and ingress/egress easements. The Planning Director indicated the well site requirement was a request by the Utilities Department, and the ingress/egress is necessary in order to assure parking for the two lots. Concerns were expressed that the unity of title was to address more than just signage. Mr. Healey stated a unity of title creates problems regarding lenders and mortgage holders. It was indicated the unity of title is to preserve the site plan as approved. Discussion ensued regarding this issue, and it was suggested the Commission's concerns could be addressed on the plat which would be a recorded instrument, and thereby eliminate the need for a unity of title. In response to a question, it was indicated the building date for Landmark Drive is at least seven to eight years away. Commissioner Winner moved to approve the preliminary subdivision plat for South Oaks Fashion Square with the understanding that Commission concerns would be addressed and the final plat come back to the City Commission for approval. Motion was duly seconded and carried unanimously. Item #43 - Preliminary Site Plan for Vogel's Landmark Office Building Phases C and D located on the E side of Landmark Dr., 315 ft. S of Enterprise Rd.; portions of M&B's 22.01 and 22.02, Sec. 33-28-16 (James A. Vogel) PSP 88-42 and Related Files: PSP 88-3, SUB 88-1, A 88-19, LUP 88-10 (PUD). The developer is proposing the third and fourth phases of his office development. Phase C is a 2.18 acre site zoned OL (Limited Office) with a Land Use Plan designation of Residential Office. This property includes a 26,246 M.O.L. sq. ft. wetland area under DER jurisdiction which is required to be rezoned to AL/I (Aquatic Lands/Interior). A related plat has been approved for this parcel with the adjoining property to the N (the first two phases of development). There is an ingress/egress easement being platted to allow access to this property from Enterprise Rd. thru the adjoining parcel. This easement will not be necessary if the City Commission approves a proposal to extend Landmark Dr. (which is part of the annexation agreement for Phase D) and should therefore be eliminated prior to recordation of the plat as it crosses the wetland area. Phase C will consist of one 18,000 sq. ft. two-story building. Phase D is an 8.94 acre site currently being annexed into the city with proposed OL (Limited Office) zoning and residential/office land use plan designation. Four office structures with a gross floor area of 102,000 sq. ft. are planned in this phase. There are two proposed points of access to Landmark Dr., one to each phased parcel. The Planning Director indicated as addressed in condition #6, the design of the retention area cannot be approved. She stated a unity of title probably would not be acceptable to the applicant as the standard form prohibits selling any of the property. Construction of Landmark Drive will be required in order for certificates of occupancy to be issued for parcels C and D. Steve Siebert, Attorney representing Mr. Vogel, stated they would like to work out the question regarding the unity of title with the Planning Director and City Attorney. He stated they have no problem with a document that will assure future development will be per the approved plan. Commissioner Winner moved to authorize review of a final site plan with final action by DRC subject to the following conditions: 1) the site plan for Phase D may not be certified until the annexation, land use plan designation and zoning has been finalized (to be concluded 12/31/88); 2) an application to rezone the wetland area to AL/I shall be submitted prior to certification of the site plan for Phase C; 3) the final site plan must indicate that the dumpsters will be shielded with a 12 foot wide clear opening*; 4) interior landscaping must be delineated on the site plan for Phase D*; 5) DER and SWFWMD permit applications must be submitted to the Public Works Department*; 6) drainage plans and caluclations must be submitted to the Public Works Department. The detention area must be redesigned to conform to City design specifications and to DER criteria*; 7) if the proposed provision for the extension of Landmark Dr. of the related annexation agreement is approved by the City Commission, (a) the unrecorded portion of the 24 ft. wide ingress/egress easement over proposed Lot 1, Landmark at Enterprise Subdivision (which extends access from Enterprise Rd. over this land to Phase C) must be deleted from the final plat of Landmark at Enterprise Subdivision prior to recordation and (b) construction of Landmark Dr. must be complete prior to a certificate of occupancy being issued; 8) the gross floor area for the office building in Phase C shall be corrected on the site plan to be 1,000 sq. ft.*; 9) the proposed height of the buildings in Phase D must be given*; 10) all required building setbacks must be drawn on the site plan*; 11) signs and fencing/walls are subject to separate review and permitting processes; and 12) a Unity of Title shall be recorded for the entire property which includes the area for Vogel Professional Center and the subject sites (*conditions 3-6 & 8-10 must be complete prior to submittal of final site plan for DRC review); and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #44 - Annexation Agreement - portions of NW 1/4 of the NW l/4 of Section 33-28-16 (James & Hazel Vogel) (PUD). The Annexation Agreement calls for property owned by the Vogels to be annexed into the City, and that the Vogels will dedicate to the City a 40 foot one-half right-of-way for Landmark Drive. The City agrees to pursue the development of Landmark Drive with the Vogels paying all appropriate fees including transportation impact fees. The Public Works Director indicated that staff had foreseen a problem for the people in Shady Oaks exiting to McMullen Booth Road, and included in the 88/89 Capital Improvement Project budget was an extended connector to Landmark Drive. This connector will be extended to Enterprise Drive if this annexation agreement is approved. The Vogels will be paying the appropriate traffic impact fees and will be giving the right-of-way for Landmark Drive. He stated there was some concern regarding language in paragraph 5 which states that, should the City fail to complete construction by July 30, 1989, the Vogels could take over that development. He stated he preferred if they are unable to meet this time frame "due to a lack of diligence" be added. Discussion ensued regarding the alternatives, and it was stated that SWFWMD permits could cause the City to miss the July 30, 1989 deadline. A question was also raised regarding the request for transfer of development rights from the property zoned aquatic land. The Planning Director indicated that transfer would not be needed for the site plan as proposed. Further discussion ensued regarding how to amend the agreement to address the concerns of the Public Works Director. Commissioner Regulski moved to continue the annexation agreement to October 20, 1988. Motion was duly seconded and carried unanimously. Item #45 - Preliminary Site Plan for Jo-Go Amusement Center (Miniature Golf) Reconstruction with parking garage located between S. Gulfview Blvd. and Bayway Blvd. approx. 250 ft. E of the intersection of these two streets; Lots 2-4, 24, 25 and the E 100 ft. of Lot 1, Blk. B, Bayside Sub. No. 5, Sec. 8-29-15 (Elias Anatasopoulos) PSP 88-43 (PUD). The 1.04 acre M.O.L. site is zoned CB (Beach Commercial) with a land use plan designation of Commercial/Tourist Facilities. The developer is proposing to redevelop the miniature golf course site. The new golf course will consist of raised "mountains" with a Spanish Frigate structure (with a putting green on it) in a lagoon, a three level "clubhouse" (which will consist of a concession room, ticket sales office, staff office areas, restrooms and a video game room), and other accessory structures. The expanded outdoor commercial recreation/ entertainment use will require conditional use approval by the Planning and Zoning Board. The development is proposed in two phases, the second phase of which will include two additional levels of parking constructed over the Phase I parking lot, with rooftop putting greens. There will be two points of access, one off each abutting street. Concerns had been expressed regarding the appearance of the parking garage, as well as the time frame for the completion of the project. Bill Waller, representing the applicant, stated the project is proposed in two phases. The first phase is to renovate the existing golf course this year, and the second phase would be to construct a parking ramp with eighteen holes on the roof for the next year. He stated they want to leave the parking garages as open, if possible. As long as the building meets code, they are open to suggestion regarding aesthetic concerns. A question was raised regarding whether or not the applicant could lease out the spaces in the parking garage. The Planning Director indicated, if they were to charge for the parking, it would require conditional use approval. Commissioner Regulski moved to autorize review of a final site plan with final action by the D.R.C. subject to the following conditions: 1) signs and fencing/ walls are subject to separate review and permitting processes; 2) the developer must contact the Utilities Department to discuss the size, location, orientation and shielding of the refuse container (note: if the dumpster is to be relocated, it should not be placed in any required street yard setback, otherwise approval of a variance of the maximum height of a fence/wall in a street yard setback area will be necessary prior to D.R.C. review of the plan)*; 3) all site data calculations including the applicable formula for parking shall be placed on the final site plan*; 4) the names of adjoining streets must be placed on the final site plan*; 5) the final site plan submittal should be exclusive of elevation drawings and other attachments which are not required by code and the number of sheets should be kept at a minimum by placing more information on the site plan or combining sheets wherever possible*; 6) dimensions should be provided on the site plan to identify the setbacks provided for all structures over 12 ft. in height. This would include any structural "mountains"; 7) a conditional use approval from the Planning and Zoning Board for an expanded outdoor/commercial recreation use must be obtained prior to review of a final site plan (*conditions 2-5 must be complete prior to submittal of final site plan for D.R.C. review); and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #46 - Woodgate Park Lighting - Countryside Youth Soccer Association request for installation of lights for soccer practices; authorize a new Capital Improvement Project to fund the lights; approve agreement specifying that $7,000 will be contributed in cash by the Countryside Youth Soccer Assoc. and that the City will loan $4,404 from the City's Special Development fund to repaid by the Soccer Assoc. by September 30, 1989; waive City labor and equipment cost in the amount of $2,500 (PR). The Soccer Association has about 750 children in the program with all of their games and a majority of their practices currently scheduled at the Countryside Sports Plex. The Sports Plex is also shared by the Countryside Jr. Cougar Football Program which has about 500 participants. The Soccer Association's Board of Directors feels that the Sports Plex is overused and that this crowded situation will get even worse in future years. Therefore, additional practice fields are needed and Woodgate Park appears to be the best location. The Association uses Woodgate Park now for some practices but, since it is not lighted, this use is limited to daylight hours. When this project was originally discussed, staff met at Woodgate Park to determine how the light poles would be arranged and to develop an estimated cost. Regarding the arrangement of the lights, it was decided that they should be placed in such a manner so that the light would be directed, as much as possible, away from adjacent residences. Also, lighting will be adequate for practices but not for actual games. By limiting lighting for practices, a potential problem with noise that might otherwise be generated from actual games would be reduced. Regarding costs, the City's Electrical Division estimates that materials will cost $11,404 with City labor and equipment estimated at $2,500. The Youth Soccer Association has offered to pay the total cost of materials. The Association will pay $7,000 upon approval of the project and request that they be allowed to pay the remaining $4,404 by September 30, 1989. They also request the $2,500 for City labor and equipment be waived. Woodgate Park is a neighborhood park and, because of concerns that adjacent residents sometimes have about the installation of ballfield lighting, staff had a meeting on August 22nd at the park with Mr. Lancaster, a member of the Board, and officers of the Woodgate Homeowners Assoc. After several meetings and discussion of the advantages and disadvantages, the adjacent property owners are opposed to the proposed project. Basically, the Countryside Youth Soccer Assoc. wants to light practice fields at Woodgate Park because of the growing number of children in their program and because of wear and tear of the Countryside Sports Plex. On the other hand, adjacent residents feel that the installation of lights will be contrary to original plans for the park, that the lights will result in depressed property values, that more intense development may follow, etc. The Parks and Recreation Director concurs with the Soccer Association in the need for additional lighted soccer practice fields. Staff feels that the lights could be arranged in such a manner as to have minimal affect on adjacent properties. When the park was originally planned, it was stated that the baseball field would not be lighted and that regulation games would not be scheduled. However, staff feels that the lights to be installed for soccer will not be as offensive as more intense lighting for a Little League baseball field. Also, soccer currently practices at the park and lights would only extend these sessions by a couple of hours each night during the season. Ream Wilson, Parks and Recreation Director, reviewed the history of the park, and stated he felt the lights could be installed in such a way that they would not be offensive to the abutting property owners. Graydon Howe, representing owners in Woodgate Subdivision, stated they are opposed to the lights as they will cause stress to the neighborhood. He stated a promise was made when the park was developed that there would be no lights. Lights will create an attractive nuisance. He requested the lights not be put in. Ed Cherniski, President of the Countryside Youth Soccer Association, stated the association does not wish to be involved in a controversy; however, the facilities are needed for those young people participating in soccer. He stated there will be adults there to supervise the activities. Four citizens spoke in support of the request stating the activities are needed for the young people participating, and there was no way of knowing how fast the popularity of soccer would grow. Two citizens spoke in opposition stating the lights would adversely affect their property, and the City had promised not to place lights in the park. It was stated that, while they have no problem with this particular group, it is concern regarding what could happen in the future that causes them to oppose these lights. Discussion ensued regarding the need for the lights and the impact it would have on the community. Concerns were expresssed that, while the City does need to provide activities for youths, there was also the problem of the City having indicated that no lights would be placed in this park. It was questioned whether or not there were any alternate locations on which the soccer practice fields could be placed. Commissioner Regulski moved to defer action on this request to October 20, 1988, and ask that the Parks and Recreation Director investigate to see what alternatives could be considered. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Winner, Regulski and Nunamaker voted "Aye". Mayor Garvey voted "Nay". Motion carried. Item #47 - Board of Trustees of Clearwater Police Supplementary Pension Plan Appointments (2 members) (PD). Commissioner Regulski moved to reappoint Donald Hibbard and Roy May. Motion was duly seconded and carried unanimously. Item #48 - Stevenson's Creek Drainage System Four-Year Improvement Program with construction starting in 1990 - W.K. Daugherty Consulting Engineers -$152,008. (PW) The recently completed Stevenson Creek Drainage Study Report has resulted in our now having a comprehensive assessment of the location and description of each element of hydraulic inefficiency existing along the entire length of the Stevenson Creek mainstream from below Belleair Rd. near Largo to the mouth of the creek under Edgewater Dr. near Dunedin. These inefficiencies take the form of inadequately sized culvert-bridges under road crossings, constrictions in the open channel sections due to overgrowth, siltation, and inadequate width, and the insufficiencies in pipe sizes along some piped sections. The results of the report have allowed us to now plan for a systematic improvement program which would accomplish the entire scope of the recommended improvements over a four-year construction time span. The program envisions the construction of all facilities beginning in FY 1990 and extending to FY 1994 at a cost of one million dollars per year and totalling four million dollars. During the discussion of the 1988/89 budget, the Commission directed that the value of .1 mil ($361,052) of the City's General Fund Surplus be reserved for these proposed drainage improvements. Additional funding sources including the use of Road and Drain Millage, Drainage Fees, Special Development Funds, and Development Impact Fees will be identified and recommended by the City Manager to the Commission in the 1989/90 Capital Improvement Program Budget. This process will allow for the evaluation of all potential funding resources in light of our overall infrastructure needs. With this action we can immediately begin making the considerable preparation and arrangements necessary to be in a "go" position in FY 1990. This project will constitute a very major action on the Commission's part in responding to the drainage needs in Clearwater's most significant watershed. Storm drainage needs in other watersheds, i.e., Allens Creek and Alligator Creek, and other tributaries within each basin will not go without attention during this program and will receive every improvement possible during this time-frame from drainage funds otherwise present in subsequent budgets apart from the Stevenson Creek monies. Mr. King, of W.K. Dougherty Consulting Engineers, reviewed the proposal for improvements to the Stevenson Creek drainage basin. He said they will be replacing some culverts and weirs and would be concrete lining some channels. The program will result in the creek having two to three times its current capacity. Mr. King stated the project would begin at the low end of the creek so that other flooding problems would not be caused during the work. Once the project is completed, the only thing the City would have to consider is maintenance of the basin. In response to a question, Mr. King indicated this would be taking most of the people out of flood prone areas. He stated there will be only 20 homes below the 100-year storm level, and the project attempts to have very few below the 25-year storm level. Five citizens spoke to the issue stating they needed immediate relief as they have already been flooded from their homes several times. A petition with 112 signatures was submitted asking the Commission to rectify the situation immediately. One citizen spoke in support and thanked the Commission for tackling the problem. The Public Works Director indicated this is the first time the City Commission has committed major dollars to solve the problem, and the Commission is to be congratulated. He stated one year from now the designs will be completed, the contracts drawn and permits obtained, and work will actually begin next October. In response to a question, he indicated if all permits had been obtained and funding made available, work would begin earlier. In response to questions regarding intermediate solutions, it was stated if the water is removed from one location, it will cause problems for others unless the basin is opened up. Commissioner Berfield moved to direct the City Manager to include the proposed phased improvements in the 1990 through 1994 Capital Improvement Program and approve the execution of a contract for design services with W.K. Daugherty Consulting Engineers and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #49 - Appointment to Canvassing Board for Referendum Election held concurrently with General Presidential Election on Tuesday, 11/8/88 (CLK). Section 101.5612 Florida Statutes provides for the testing of the tabulating equipment to ascertain if the equipment will correctly count the votes cast. It further provides that the canvassing board shall convene at this time or the board may appoint one of its members to represent it. The test is open to candidates, press, and public. The Canvassing Board for the County is scheduled to convene at the Supervisor of Elections Office at the Pinellas County Courthouse as follows: Tuesday, November 1st at 3 p.m.; Tuesday, November 8th at 3 p.m.; and Wednesday November 9th at 9 a.m. Commissioner Nunamaker moved to appoint Commissioner Berfield to represent them as the Canvassing Board for the Referendum Election to be held November 8, 1988. Motion was duly seconded and carried unanimously. Item #50 - Resolution 88-47, Designating Special Transportation Areas in Downtown and East Clearwater for the purpose of reducing the adopted level of service standard on state primary arterial highways (PUD). There is severe congestion on several state primary arterials which run through Clearwater. The State-mandated minimum level of service for these roads which is expected to be applied as a measure of plan concurrence is "D". However, the state allows exceptions to its mandated L.O.S. standards, when local needs and desires indicate that flexibility is needed to achieve growth management objectives. One method of achieving this flexibility is the designation of Special Transportation Areas (S.T.A.'s) Designation of S.T.A.'s in downtown and Clearwater Mall/Park Place would allow currently approved plans and development orders some leeway to continue. If the City's request is granted, the L.O.S. standard on primary arterials will be permitted to drop to "E" for portions of the designated arterials. Improvements to capacity will still be required, however, L.O.S. "E" is a more reachable and less costly solution than is L.O.S. "S". Adopted levels of service are critical issues in implementation of the comprehensive plan. Unless new development can be accommodated without reduction of the level of service, the implication is that new development could not be permitted. The Florida D.O.T. has requested that S.T.A.'S be submitted for review and approval prior to submittal of the Comprehensive Plan. The S.T.A. designations are consistent with and further the objectives of the Future Land Use Element for regional activity centers. Concerns were expressed regarding accepting lower levels of service, particularly on S.R. 60 and U.S. 19. The Planning Director indicated there would be no problem in eliminating S.R. 60 east of U.S. 19 to the Causeway. She stated, however, she does not feel the level of service on U.S. 19 can be raised. She emphasized this is for the first five year period, and improvements to U.S. 19 over the next ten years could alleviate some of the problems. Unless a City can show that funding is provided to bring up the level of service on roads, they must lower the standard or allow no additonal development along that road. The Planning Director also indicated if the Commission decided to eliminate S.R. 60 as a special transportation area, they would have to give more green to cars on S.R. 60, maintain only one curb cut per property on S.R. 60, and would constantly have to monitor the situation. Commissioner Regulski moved to amend Resolution 88-47 by deleting "S.R. 60 between Belcher Rd. and McMullen Booth Rd." on page 1 of the resolution. The motion was duly seconded. Discussion ensued regarding the need to limit the curb cuts onto 60, and it was stated that to lower the level of service would be irresponsible in light of approval of fees being collected to improve the roads. Upon the vote being taken, Commissioners Regulski, Berfield and Nunamaker voted "Aye". Commissioner Winner and Mayor Garvey voted "Nay". Motion carried. Commissioner Regulski moved to pass and adopt Resolution 88-47, as amended, and forward it with accompanying documentation to Florida Department of Transportation, the Metropolitan Planning Organization, and Regional Planning Council, to designate two Special Transportation Areas and that the appropriate officials be authorized to execute same. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner and Nunamaker. "Nays": Garvey. Motion carried. Item #51 - Request for Reconsideration regarding Rezoning Request for GTE Switching Station on Island Estates. On August 4, 1988, the Commission denied the Land Use Plan and Zoning amendments that would have allowed the development of a telephone switching station on part of lots 23-25, Island Estates, Unit 5A Subdivision. The request was to amend the Land Use Plan from High Density Residential to Public/Semi-Public and amend the zoning from RM-20 (Multi-Family Residential) to P/SP (Public/Semi-Public). The property is currently vacant. The applicant, Lark Investment, is requesting reconsideration of the City Commission's decision. GTE, holding a contract to purchase the property, is also requesting reconsideration. The earliest date this item can be reheard is November 3, 1988. Rule #11 of the City Commission Rules of Procedure provides that a motion for reconsideration has to be made at the same meeting. However, rule #13 indicates a super majority can amend the rules. Commissioner Regulski moved to suspend rule #11. Motion was duly seconded and carried unanimously. Commissioner Regulski moved to reconsider the request for the GTE Switching Station. The motion was duly seconded. Commissioners indicated there are still some questions that have to be answered prior to them granting approval of the rezoning and land use plan request. There was concern expressed that, while the Commission is being asked to rezone three parcels, GTE will only use one. It was indicated the lots will be replatted. Questions were also raised regarding whether or not GTE had exhausted all the possibilities regarding another location for this site. It was requested the design of the building be compatible with the area. Upon the vote being taken, the motion carried unanimously. Discussion ensued regarding wheter the property to the east of the Marine Science Center was available, and a representative from GTE indicated they had a letter from the Marine Science Center which indicated they would accept nothing less than $400,000. It has been indicated to some of the Commisison members that this is not the position of the entire Board of Directors for the Marine Science Center. The rehearing of this case will be scheduled for November 3, 1988. XIII - Other Pending Matters - None. CITY ATTORNEY REPORTS XIV - Resolutions Item #52 - Resolution 88-46, Assessing owners of property the costs of having mowed or cleared the owner's lot. Commissioner Winner moved to pass and adopt Resolution 88-46 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. "Nays": None. XV - Other City Attorney Items Item #53 - Settlement Proposal, Grigsby Case. The City Attorney indicated they would like to offer $25,000 to settle the case. The case involves an unlicensed youth who was killed in an accident. The City Attorney indicated an officer was pursuing the youth, not at a high rate of speed, due to the youth having run a red light. He indicated there would be no liability regarding the insurance payment made to the passenger's family. He stated it is economically wise to settle the case, as going to trial could cost more than the $25,000, even if the City prevails. Commissioner Winner moved to authorize a settlement offer of $25,000. Motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Winner, Regulski and Mayor Garvey voted "Aye". Commissioner Nunamaker voted "Nay". Motion carried. XVI - Verbal Reports The City Manager indicated the City is actively involved operationally in the preparing of the appeal for the Dunedin Pass permits. He stated we are not a party in the legal sense. He requested that anyone wanting to go the National League of Cities in December, please notify his office. XVII - Other Commission Action Item #54 - Setting date for meeting regarding labor negotiations with IAFF. The City Manager indicated there is a need to meet with the Commissioners in a closed session regarding the ongoing labor negotiations with the International Association of Firefighters union. Consensus was to set the meeting for October 10th at 1:30 p.m. The Mayor questioned proceeding with the construction of the central permitting counter as outlined at Monday's work session. Consensus of the Commission was this is the City Manager's decision. She also questioned whether or not the Commission wanted to consider the ordinance being proposed by the group requesting that billboards on Gulf to Bay be subject to an amortization schedule. No consensus. Commissioner Nunamaker invited the audience to the Oktoberfest which will be held at Sunshine Mall. Commissioner Berfield wished to express his appreciation to Mr. Baker, Public Works Director, regarding all he is doing to address the flooding problem in the City of Clearwater. XVIII - Adjournment The meeting adjourned at 12:40 a.m.