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12/01/1988 CITY COMMISSION MEETING December 1, 1988 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, December 1, 1988, at 6:03 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 - Service Pin Awards. 3 service pins were awarded to City employees. IV - Introductions and Awards. Proclamations: Drunk and Drugged Driving Awareness Week - December 11-17, 1988. V - Minutes of the Regular Meeting of November 17, 1988. Commissioner Nunamaker moved to approve the minutes of the regular meeting of November 17, 1988, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VI - Presentations Teachers from Nagano City, Japan were introduced and gifts exchanged. Pinellas County School Board members, teachers and host families were introduced. VII - Citizens to be heard re items not on the agenda. George Richards questioned why the soccer fields at St. Petersburg Junior College weren't finished. He also expressed concern that the non-competitive Clearwater Youth Soccer League can not be accommodated at City recreation facilities. VIII - North Greenwood Commercial District General Development Plan. In the summer of 1987 Neighborhood Housing Services, Inc. (NHS) was commissioned to prepare an economic development plan for North Greenwood business properties. A task force was subsequently selected to direct and focus the effort. The task force is comprised of NHS staff representatives, a commercial real estate broker, a banker, North Greenwood businessmen and residents, and city officials. In addition, a planning consultant and architect were engaged in the effort. The market strategy adopted by the task force is to capture a larger share of neighborhood expenditures within the present trade area and, also, to recognize legitimate opportunities to expand the trade area. Accordingly, the task force's recommendations are designed to entice more shoppers into this district. This is to be accomplished by providing an alluring mix of shopping opportunities within a safe, cohesive, attractive business environment. A number of regulatory measures are recommended to implement the plan. Code amendments include the establishment of a uniform 30 foot building setback from the centerline of N. Greenwood Ave., a zero side yard setback, a 60% reduction in parking for commercial and office uses, and a parking waiver for properties having an area less than 5,000 sq. ft. where certain conditions exist. Two zoning atlas amendments are recommended: 1) the property at the SE corner of Palm Bluff and Greenwood Aves. is recommended to change from RM-24 to inclusion into the redevelopment district and 2) the residential lots on the E side of Taft St. between Carlton and Grant Sts. are recommended to change from Neighborhood Commercial to RM-16. In addition, a design review board is proposed to judge the consistency of building plans with the design standards recommended for the district. Chief Klein reviewed the efforts that have been made in order to alleviate the crime problems in this area. He stated he is disappointed by the lack of action in the neighborhood watch programs. He stated there was a Citizen's Response Team that was effective for a few weeks but died out. The Police Department continues to make a substantial number of arrests; however, the obstacles to dealing with the crime problem are 1) insufficient number of officers, 2) a lack of jail space, 3) community apathy and 4) arrests merely displace the problem. He stated he supports the concept of the development plan, however he has reservations regarding the plan: the assumption that law enforcement alone will eliminate the drug problem, reinstatement of on-street parking will enhance drug dealing and trees being planted along the roadway will benefit the crime element. He stated the Police Department would benefit from the upgrading of the area. In response to questions, the Chief indicated most of the arrestees are people from outside the area, that the possibility of a prison farm is worth considering, and in order to be effective, the Police Department needs citizens who are willing to testify against those accused of crimes. Muhammad Abdur-Rahim, representing the North Greenwood area, encouraged adoption of the plan being proposed as the people who know what the problems are have helped in its development. The goal is to produce a commercial corridor preserving the historic significance of the area. He stated an economic base is needed in order to eradicate the drug problem. Greg Schwartz, of the Neighborhood Housing Services, stated a housing rehabilitation and economic development loan program are in place. A grant was used in developing the plan proposed and an implementation grant to be used over the next two years is available. Mike Fields, Chairman of the Task Force, stated their goal was to improve the social and economic environment in the area. He stated there is a need for significant changes and a public/private partnership. In response to Chief Klein's concern, he stated the plan does not advocate on-street parking. Eight citizens spoke in support of the plan stating this is a starting point for redevelopment of the N. Greenwood area. Commission members stated they supported the plan, however, there was a need to educate the entire city regarding drug and alcohol problems, and there needs to be a strong job core in the area. Commissioner Winner moved to accept the report on the N. Greenwood Commercial District General Development Plan and to direct staff to proceed wherein the City can take appropriate action and report back as soon as possible. The motion was duly seconded and carried unanimously. Commission recessed from 7:50 - 7:56 p.m. Item #9 - (Contd. from 10/20/88) Public Hearing and First Reading Ordinances 4689-88 and 4690-88 - Petition for annexation and (RS-2) Single Family Residential zoning for a .54 acre parcel on N side of Main St. (S.R. 588) approx. 650 ft. W. of Abbey Lake Rd.; portion of M&B 14-13, NE 1/4, Sec. 5-29-26 (Naedel) A 88-29 (PUD) The owner is requesting annexation of approximately 1/2 acre of a larger 2 acre parcel which is presently developed with a single family residence. The smaller portion to be annexed is to be sold and developed with a single family residence under the requested RS-2 zoning. The City Commission policy regarding annexation provides that all contiguous property under one ownership be annexed at the same time. The owner did not include all of the property because he keeps several farm animals on the portion not included in the request. Farm animals are permitted on the property under the jurisdiction of the County, but are not allowed in single family zoning districts in Clearwater. The Planning and Zoning Board unanimously recommended approval of the annexation and RS-2 zoning. The City Commission continued this item on October 20th to give the property owner an opportunity to present an alternative request which would include the entire parcel for annexation. Since that date, the property owner informed the City the entire property is no longer under his ownership and would no longer be subject to the annexation policy. Commissioner Regulski moved to approve the requested annexation and RS-2 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4689-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4689-88 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 4690-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4690-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #10 - Public Hearing and First Reading Ordinance 4726-88 - Vacation of 40-foot R.O.W. easement along N. side of Glen Ellen Mobile Home Park, located in the SW 1/4 of the NE 1/4 of Sec. 17-29-16, (Glen Ellen Mobile Home Park, Inc.) (88-13) (PW) An encroachment of nine mobile homes into the 40 foot right-of-way was discovered when the applicant was in the process of selling the Mobile Home Park. The City has a gas line within the north portion of said easement yet foresees no future need for the remainder of the easement and suggests it be vacated subject to retaining a drainage and utility easement wide enough to repair and maintain the gas line. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Berfield moved to approve the vacation request subject to retaining a drainage and utility easement over a portion of said easement and the City gas line, within said easement, being relocated at the applicant's cost to the satisfaction of the City's Utility Department. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4726-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4726-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #11 - Public Hearing and First Reading Ordinances 4714-88, 4715-88 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist Facilities and a Zoning Amendment from General Office (OG) to Highway Commercial (CH) for property located on the E side of U.S. 19 on N side of private rd. entering Jennifer Office Complex, M&B 22.033, NW 1/4 Sec. 5-29-16 (Marks & Gillis, Inc.) LUP 88-24 Z 88-22 (PUD) Ken Marks Ford on U.S. 19 North is expanding its car sales operation onto property immediately south of the existing dealership. A preliminary site plan and a preliminary plat have been approved by the City for the development as well as a conditional use for vehicle sales, display and storage. One of the conditions of site plan and plat approval was the submission of an application to reclassify the most eastern portion of the property to the Highway Commercial designation, the same designation over the remainder of the property fronting US 19. The proposed use of the subject site is for storage of inventory vehicles for sale. The Planning and Zoning Board on November 14, 1988 unanimously recommended approval of the requested land use plan and zoning amendments. Commissioner Nunamaker moved to approve the requested land use plan and zoning amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4714-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4714-88 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 4715-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4715-88 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 and First Reading Ordinance 4716-88 - Zoning amendment from RS-4 (Single Family Residential) to AL/I (Aquatic Lands/Interior) for property located within the Proposed Curlew Heights Subdivision (Sempecos) Z 88-23 (PUD) The subject property has been identified as a wetland area which should be protected. As a part of the City Commission approval on September 3, 1987 of the preliminary plat for the proposed Curlew Heights Subdivision south and east of the subject area, the applicant was required to submit a request to rezone the wetland area to AL/I. The Planning and Zoning Board on November 15, 1988 unanimously recommended approval of the rezoning to AL/I. The Plat is proposed to be recorded in accordance with the City Commission's direction that access be provided from 66th Street. Commissioner Nunamaker moved to approve the requested zoning amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4716-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4716-88 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 #13 - (Contd. from 11/17/88) Second Reading Ordinance 4711-88 - Relating to the utility system, amending Secs. 50.02 through 50.07 and 50.09, Code of Ordinances, to establish definitions, provide for responsibilities of owners and tenants, establish procedures for tenant accounts, and increase deposits from tenants. (UT) House Bill 506 requires a municipality providing a utility service to tenants to wait three months before discontinuing service for non-payment. As a result of that bill, City staff had recommended a change in the Code providing that tenants pay a five month deposit. This item has been discussed and various alternatives considered. Staff now recommends adoption of the ordinance which will make changes in bringing the City Code into compliance with the Florida Statute, but leaving the utility deposit at three months. The City Manager indicated staff will be tracking any loss and will come back to the Commission if it is found necessary. He stated they will also be approaching the State Legislature to amend House Bill 506. The City Attorney reviewed the amendments to the ordinance. One citizen spoke stating there is $2,500,000 in the Utility deposit account and requesting consideration of setting aside interest from that account to offset any bad debt. Discussion ensued regarding the reference to the Housing Authority and whether or not they were guaranteeing to pay delinquent bills or deposits. Commissioner Regulski moved to amend Ordinance 4711-88 as follows: 1) on page 1 in the fifth line of the title, insert the word "and" before the word "establish" and delete the phrase beginning at the end of the sixth line "and increase deposits for tenants"; 2) in the third whereas, fourth line delete the word "other" between the words "of" and "utility", delete the phrase after "utility customers" "and to impose sufficient deposit requirements", delete the phrase in the last line after "to" "protect the integrity of the utility system and its revenues" and insert "comply with the law"; 3) on page 5, subsection (b), delete the proposed subparagraph (1) "owner" and reinstitute the current numbering of the subparagraphs 1 - 5; provide for a new subparagraph (6) which will read "A housing authority created pursuant to Chapter 421, Florida Statutes, may fulfill deposit requirements for the agency or tenants of the agency by letter of agreement to be financially responsible for the required deposit or portion thereof"; 4) on page 6 delete the entire proposed subsection (2) and amend Section 50.06 (a), sixth sentence add between "property" and "utility", "notice of delinquency shall be given to the owner and the tenant and" and add an additional sentence to read "In such cases, payment of the entire delinquent account shall be required within seven days after rendition of the third consecutive monthly bill in order to avoid termination of service, and the billing statement shall include or be accompanied by a notice to that effect." The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski, Nunamaker and Winner voted "Aye". Mayor Garvey voted "Nay". Motion carried. The City Attorney presented Ordinance 4711-88 for second reading, as amended, and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4711-88 on second and final reading s amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner and Nunamaker. "Nays": Garvey. Motion carried. Item #14 - Second Reading Ordinance 4654-88 - Land Use Plan amendment from High Density Residential to Public/Semi-Public on property located on the W side of Larbord Way approx. 150 ft. N of intersection at Dolphin Pt.; part of Lots 23, 24, and 25 Island Estates Unit 5A (Lark Investment, Inc./GTE Switching Station) LUP 88-15 Commissioner Regulski moved to amend Ordinance 4654-88 on second reading by adding to the effective date section "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Paul King, of GTE, stated they are requesting this change in order to construct a remote switching station on the property. Five citizens spoke in opposition to the change stating this was an inappropriate use in a residential area. Concerns were also expressed this would violate deed restrictions for this area of Island Estates. One citizen spoke requesting clarification regarding what could be placed on the property, and stated the rezoning would be appropriate with conditions. Concerns were expressed regarding violating deed restrictions. The attorney for GTE stated there is a provision in the deed restrictions that a business can be constructed as long as it conforms with the zoning ordinance. Further discussion ensued regarding whether or not this was an appropriate location for this development. Commissioner Berfield moved to continue second reading of Ordinance 4654-88 to the meeting of December 15, 1988. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski and the Mayor voted "Aye". Commissioners Winner and Nunamaker voted "Nay". Motion carried. Item #15 - Second Reading Ordinance 4655-88 - Zoning Atlas amendment from Multi-Family Residential (RM-20) to Public/Semi-Public (P/SP) on property described in Ord. 4654-88 (Lark Investment, Inc./GTE Switching Station) Z 88-17 Commissioner Berfield moved to continue second reading of Ordinance 4655-88 to the meeting of December 15, 1988. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski and the Mayor voted "Aye". Commissioners Winner and Nunamaker voted "Nay". Motion carried. Item #16 - Second Reading Ordinance 4699-88 - Land Use Plan amendment from Low Density Residential to Public/Semi-Public on property located on the E and W sides of Prospect Ave., N. of Magnolia Dr. consisting of portions of Lots 12-23, Blk. C, and Lots 36 and 37 and portions of Lots 35 and 38-42, Blk. D, Mt. Orange Revised Subdivision LUP 88-20 (Diocese of St. Petersburg) The City Attorney presented Ordinance 4699-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance 4699-88 in Section 3 by adding after the word adoption, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4699-88 on second and final reading as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #17 - Second Reading Ordinance 4700-88 - Zoning Atlas amendment from Single Family Residential (RS-8) and Multiple Family Residential (RM-8) to Public/Semi-Public (P/SP) for property located on the E and W sides of Prospect Ave. N of Magnolia Dr.; part of Lots 12-23, Blk C, and Lots 36 and 37, and parts of Lots 35 and 38-42, Blk D, Mt. Orange Revised Sub. (Diocese of St. Petersburg) Z 88-20 The City Attorney presented Ordinance 4700-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4700-88 in Section 4, after the word adoption add "subject to the approval of the land use designation as set forth in Ordinance No. 4699-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4700-88 on second and final reading as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #18 - Second Reading Ordinance 4707-88 - Land Use Plan Amendment from Public/Semi-Public (P/SP) to Industrial on property located on the S side of Calumet St., approx. 900 ft. W of Belcher Rd.; part of Lot 17, Clearwater Industrial Park (UPARC, Inc.) LUP 88-23 The City Attorney presented Ordinance 4707-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4707-88 in Section 3 after the word adoption, add "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4707-88 on second and final reading as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #19 - Second Reading Ordinance 4708-88 - Zoning Atlas amendment from Public/ Semi-Public (P/SP) to Limited Industrial (IL) on property as described in Ord. 4707-88 (UPARC Inc.) Z 88-21 The City Attorney presented Ordinance 4708-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4708-88 in Section 4 after the word adoption, add "subject to the approval of the land use designation as set forth in Ordinance No. 4707-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4708-88 on second and final reading as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #20 - Second Reading Ordinance 4709-88 - Annexation of property located on the E side of Belcher Rd., approx. 225 ft. N of S. Lagoon Circle; consisting of part of Lots 29 and 30, Clearwater Manor. (Underwood) A 88-33 The City Attorney presented Ordinance 4709-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4709-88 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 #21 - Second Reading Ordinance 4710-88 - Zoning Atlas amendment as Single Family Residential(RS-8) on property annexed in Ord. 4709-88 (Underwood) A 88 33 The City Attorney presented Ordinance 4710-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4710-88 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 #22 - Second Reading Ordinance 4717-88 relating to fire prevention and protection - amending Secs. 93.01, 93.21, 93.23, 93.26 and 93.28, Code of Ordinances, to clarify fire chief's duties and adopt Nat'l Fire Codes, l988 Edition, with certain amendments, and providing for enforcement; repealing Sec. 93.231. The City Attorney presented Ordinance 4717-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4717-88 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 (Items #23 - #39) - Approved as submitted less Item 29. Agreements - Approved. Item #23 - Renewal of agreement between City of Clearwater and National Safety Council, Pinellas County Chapter, Inc. for fiscal year l988/89; $3,000 contribution (PD) Bids & Contracts - Approved. Item #24 - Authorize Purchase and installation of data communications line upgrade and monitoring system - Paradyne Corp., $67,000; Whitman Computer Corp. - $6,077.50; Total-$73,077.50 to be lease/purchase financed by General Electric Capital Fleet Services in conjunction with previously approved Engineering Dept. Unisys equipment purchase. (CS) Item #25 - Jack Russell Stadium Painting - Award contract to National Bridge Painting, $38,700, (PR) Item #26 - Motor Vehicle Towing and Impound Services - Award contract to Weeks Towing and Automotive, Inc., Clw. for period 10/1/88 - 9/30/91 (PD) Item #27 - Petroleum Product Storage Tanks at Fire Stations 45 and 49 (88-34) - Award contract to Petroleum Products Services, Inc. $28,064 (PW) Item #28 - Computer Equipment to Expand the System of the Planning and Development Department and Combine with Building Division System - Award contract to Whitman Computer System - $26,664.10; Access Computer, Inc. - $768; Software Spectrum $1,147; and authorize five year lease purchase in amount of $25,074.10 through General Electric Capital Fleet Services, Inc. (PUD) Plans & Plats - Approved. Item #29 - See page Receipt & Referral - Received and referred to proper departments. Item #30 - Petition for Annexation and RS-6 Zoning for property located at the SW corner of Sharkey Rd. and Oakmount Rd.; Lot 1, Oakmount Sub., Sec. 7-29-16, (Hardy) A 88-40 (PUD) Item #31 - Petition for Annexation and RS-8 Zoning of a Single Family Lot at 2233 South Lagoon Circle; Lot 158, Clearwater Manor Sub., Sec. 6-29-16 (Mory) A 88-41 (PUD) Item #32 - Petition for Annexation and RS-6 Zoning of a Single Family Lot at 1228 Bell Dr.; Lot 14, Canterbury Heights Subdivision, Sec. 24-29-15 (Lakis) A 88-42 (PUD) Item #33 - Petition for Annexation, Limited Office (OL) Zoning and a Land Use Plan Amendment from Low Density Residential to Residential/Office for property located at 2147 N.E. Coachman Rd.; a portion of Lot 4, Mosell Acres Subdivision, Sec. 12-29-15 (Mignone) A 88-43,LUP 88-32 (PUD) Item #34 - Land Development Code amendment pertaining to Subdivision Regulations and Requirements for Site Plans LDCA 88-10 (PUD) Item #35 - Land Development Code amendment to permit Business Service Uses in the General Office Zoning District LDCA 88-11 (PUD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. Item #36 - 10 ft. Water Main Easement agreement between City of Clearwater and Pinellas County - Unsubdivided Block 9, Jones Subdivision of Nicholson's Addition, Sec. 9-29-15. Item #37 - 7 ft. Sanitary sewer easement - Lot 4, Mosell Acres Subdivision (Koser) Item #38 - 10 ft. Refuse collection and water main installation and maintenance easement - NE 1/4 of the NE 1/4 of Sec. 17-29-16. (Clearwater Housing Authority) Item #39 - 4 ft. sidewalk easement - Lots 2 and 3 Chelsea West (RFC/Stevens) Commissioner Nunamaker 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. William Baker, Public Works Director, requested the Commission reconsider Item #29. Commissioner Berfield moved to reconsider Item #29. The motion was duly seconded and carried unanimously. Item #29 - Final Site Plan for City of Clearwater East Advanced Pollution Control Facility located on the S side of Gulf-to-Bay Blvd., E of McMullen-Booth Rd.; portion of M&B 31.02 and the E'ly 300 ft. of Tract B, Myron A. Smiths Bayview Sub., Sec. 16-29-16, PSP 88-55 (PUD) The City is proposing to construct a new advanced pollution control facility in accordance with federal regulations on the existing East Wastewater Treatment Plant property. The only existing structure which will be retained is the one that houses the fermentation/1st anoxic/2nd anoxic operations. All other structures will be razed. Mr. Baker expressed concern regarding the condition which states "the Public Works Department should coordinate a deceleration lane for this site with D.O.T.". He stated there will be very little traffic at this location and there is no reason for the deceleration lane. He stated he has already discussed this with D.O.T. and they concur. Commissioner Berfield moved to remove the condition regarding the deceleration lane and to approve the site plan subject to the following conditions: 1) two handicapped parking spaces must be provided and shown on the plan; 2) sidewalks along Gulf-to-Bay Blvd. must be shown on the plan; 3) all two-way drives should be 24 feet in width. All one-way drives must be signed as such; 4) the requisite initial building permits must be procured within six months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three years of date of certification of the final site plan. The motion was duly seconded and carried unanimously. XI - Other Items on City Manager Reports Item #40 - Preliminary Site Plan for Pinellas County Utility Building (Expansion) located on the N side of Court St. between Osceola Ave. and Pierce Blvd.; Lot 2, Blk. 2 and vacated alley on W; Lots 1 and 2, Blk. 3; Lot 1, Blk. 4 and vacated street E'ly; and Lot 2, Blk. 4; all in A.C. Turner's Sub.; and M&B 13.10, Sec. 16-29-16 (Pinellas Co. Utility Dept.) PSP 88-56 (PUD) The Pinellas County Utility Dept. is proposing to expand its existing facilities on the subject site with the construction of a 73,478 sq. ft. four story addition on the N side of the existing 18,768 sq. ft. two story structure located on the E side of the site, and the construction of a parking structure on the NW portion of the site. There will be a second floor plaza connecting the two structures. Other details of the parking structure, such as height, dimensions, number of floors, layout of the vehicular areas, etc. have not been given on the plan. For the purpose of providing a view corridor to Clearwater Harbor and Clearwater Beach, the UC(B) zoning requires a minimum of 40% of the width of the property or in this case, 105 feet to be kept free of buildings. The existing structure meets this requirement, however, with the construction of the building addition and new parking structure, there will be a view corridor of approximately 15 feet, divided incrementally. This will require variance approval by the Development Code Adjustment Board prior to review of a final site plan. It was stated that the building as proposed preserves the view for those on Court Street. There will be four points of access, one (entrance only) on Osceola Ave., and three driveways on Court St. (one labeled exit only on the site plan). Carl Berrin, representing the County Administrator, stated the garage would be one story over existing parking. It was reported the Downtown Development Board supports the plan as this will allow the County to remain in the downtown area. Commissioner Winner moved to authorize 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; 2) the formula for required parking should be given on the final site plan*; 3) maximum height and maximum floor area ratio should be given on the site plan*; 4) setback dimensions should be shown on the final site plan*; 5) details of the parking structure including vehicular layout/flow, height, dimensions, and number of floors should be given on the final site plan* (Note: if the height exceeds 30 ft., a setback variance from rear lot line must be obtained as property is addressed as 310 Court St.); and 6) the applicant must obtain a variance to the view corridor requirement or the site plan must be revised accordingly* (conditions 2-6 must be complete prior to DRC review) and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #41 - This Item was pulled from the agenda. Item #42 - First Reading Ordinance 4728-88 re Permanent Financing for Purchase of Vogel Property - authorizing a $980,000 loan from the City of Gulf Breeze Municipal Loan Pool; approve deposit of proceeds of loan into the special development fund; authorize repayment of principal and interest from legally available open space and recreation land impact fees (FIN) AND Item #43 - First Reading Ordinance 4729-88 re Permanent Financing for Purchase of Cooper's Point - authorizing a $415,000 loan from the City of Gulf Breeze municipal loan pool; approve deposit of the proceeds into the special development fund; authorize repayment of principal and interest from legally available open space and recreation land impact fees (FIN) On November 20, 1986, the City Commission approved the purchase of 15.61 acres of land on Belcher Rd. from Mr. and Mrs. Nelson Vogel for a total purchase price of $1,475,834. Available impact fees totalling $499,381 were applied to the purchase, with the remaining $976,453 borrowed temporarily from the undesignated fund balance of the Special Development Fund pending "satisfactory completion" of permanent financing. This loan was included in the 1987 application to the First Florida Governmental Financing Commission pooled bond issue, but was pulled at the last minute because of City bond counsel concerns relative to our $1,000,000 charter limitation on revenue bonds. Subsequent attempts to complete this financing with other loan pools were unsuccessful due to inability to negotiate mutually agreeable terms. On December 3, 1987, the City Commission approved a city contribution of $650,000 toward the combined City/County purchase of Coopers Point. $240,000 of this amount was paid from available impact fees, with the remaining $410,000 borrowed temporarily from the undesignated fund balance of the special development fund, pending "investigation" of long term financing. The City of Gulf Breeze Municipal Loan Pool is one of the remaining pools which was established under "pre-1986" tax law, and is consequently exempt from the new arbitrage rebate requirements. The interest rate is variable, but has traditionally remained fixed for six month intervals. The current effective interest rate is 6.4%. Loans may be prepaid with advance notice as provided in Section 3.4 of the loan agreement. Bond Counsel fees of $3,500 (Vogel property) and $2,500 (Cooper's Point) will be included in the loan principal. Assuming the City is able to earn 1-1/2% more than the variable rate on the loan, there will be an average savings of $7,350 and $3,075 per year over the 10 year life of the loans. Dan Deignan, Finance Director, stated both of the loans are variable rates. He stated the loan agreements have been reviewed and there is a provision for a non-asset bond risk in which, if funds are inadequate, the borrowers participating in the loan pool have to "chip in." Frank Adams, representing the Gulf Breeze Municipal Loan Pool, stated there is a full utilization of the funds, and while there are fixed and variable rates available, the variable rate is the best plan for these purchases. In response to a question, Mr. Deignan indicated he did not have available information regarding total impact fees available throughout the City. Discussion ensued regarding whether or not the ordinance should be changed which limits use of impact fees to within a 1-1/2 mile radius of the site from which it is collected. Further discussion ensued regarding an early payoff, and Commission requested various scenarios regarding this. It was stated a 124 day notice is required prior to a payoff. Commissioner Winner moved to accept the recommendations for Items 42 & 43 which would include the first readings of the ordinances, as well as approving the deposit of the proceeds of the loan into the Special Development Fund to reimburse it for the temporary interfund loans which were used to acquire the Vogel property and Cooper's Point and authorize repayment of principal and interest to the extent possible from legally available open space and recreation land impact fees with the balance of debt service to come from the undesignated fund balance of the Special Development Fund. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4728-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4728-88 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 4729-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4729-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #44 - Ashland Terrace closing at McMullen Booth Rd. - removal of existing street and construct a cul-de-sac, $17,000. (TE) The Ashland Heights Homeowners Association, Inc. met on October 27, 1988 and voted to request the City Commission approve closing Ashland Terrace at McMullen Booth Rd. This request is based on the fact that there have been problems with outside traffic using the residential streets in Ashland Heights Sub. to shorten trips between Landmark Dr. and McMullen Booth Rd. Traffic counts made in February, 1988, for two weekdays, measured daily volumes of 1,008 and 986 on Ashland Terrace and 1,132 and 1,191 on Waterford Dr. This indicates approximate three-fourths of the traffic is cut-through traffic. The vote of the Homeowners Association was based on the understanding that the cost of the construction of the cul-de-sac will be borne by the City and the cost of construction of a wall and any landscaping will be borne by the homeowners. The City's cost is estimated to be $17,000. It is the City's intention to provide for pedestrian and bicycle traffic to McMullen-Booth Rd. at this location. One alternative considered by staff was the construction of an adequate turn around and installation of a traffic barricade at an approximate cost of $6,000. We are recommending the cul-de-sac closure as this is what the residents of Ashland Heights are requesting. The Director of Traffic Engineering and Director of Public Works concur in the recommendation and distribution of cost. The available balance in the City-wide Intersection Improvement Capital Project is sufficient to provide funds. Five citizens spoke in support of the closing stating the traffic on the road creates a hazard for the community. Two citizens spoke in opposition to the closing stating it would increase response time for emergency vehicles and people knew this was a through street when they decided to purchase their homes here. Discussion ensued regarding the amount of response time that would be needed once this road is closed, and it was stated the Fire Chief had indicated it would taken three to four minutes more to respond. Concerns were expressed that if this road should be closed, the connector road which had been removed from the Capital Improvement Project budget should be readdressed. Commissioner Winner moved to approve the closing of Ashland Terrace at McMullen Booth Rd. by removing the existing street and constructing a cul-de-sac at a cost of $17,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Winner and Nunamaker voted "Aye." Commissioner Berfield and Mayor Garvey voted "Nay." Motion carried. Item #45 - Marshall St. Advanced Pollution Control Facility (CL 87056-2) - Award project to SCE, Inc. in the amount of $16,699,000. (PW) The Marshall St. Advanced Pollution Control Facility Project consists of the conversion of the existing secondary wastewater treatment plant to a five-stage Bardenpho Process. This is a patented process which removes both phosphorous and nitrogen without dependence on chemical additives which most other AWT processes require. The proposed pollution control facility will be capable of providing advanced wastewater treatment as required by the Grizzle-Figg Legislation which was passed in 1987. The project involves modifications and replacement of existing tanks, new structures including additional tankage, a maintenance building, filtration and sludge handling facilities, influent pump station with headworks, grit removal system, odor control facility and disinfection system. When completed, the plant will be capable of removing pollutants including suspended solids, BOD, nitrogen and phosphorous to levels required by Florida Law. The contract amount is within the scope of the estimated costs of related Capital Improvement projects presented in the Bond issue. Commissioner Nunamaker moved to award the Marshall St. Advanced Pollution Control Facility Project to SCE, Inc. in the amount of $16,699,000. The motion was duly seconded and carried unanimously. Item #46 - Municipal Code Enforcement Board Appointment (1 member) (CLK) Commissioner Regulski moved to appoint William Zinzow. The motion was duly seconded and carried unanimously. Item #47 - Neighborhood Advisory Committee Appointment (1 member) (CLK) AND Item #48 - Community Relations Board Appointment (1 member) (CLK) Commissioner Berfield moved to continue Items 47 & 48 to the next cycle as there are no nominees for the required categories. The motion was duly seconded and carried unanimously. XII - Other Pending Matters - None. CITY ATTORNEY REPORTS XIII - First Reading Ordinances Item #49 - Ordinance 4730-88, Relating to solicitations to sell real or personal property or services within the City - Amending Secs. 76.21, 76.23 and 76.25 of the Code, relating to applications for solicitors' permits and the revocation of such permits. The City Attorney presented Ordinance 4730-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4730-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XIV - Resolutions Item #50 - Resolution 88-59, Requesting the Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon municipal property acquired for public purposes, and to grant tax exemptions. Commissioner Winner moved to pass and adopt Resolution 88-59 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. Item #51 - Resolution 88-60, Assessing the owners of property the costs of having mowed or cleared the owner's lot. Commissioner Winner moved to pass and adopt Resolution 88-60 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. Item #52 - Resolution 88-61, Amending City Commission rules to schedule Public Hearings not before 6:00 P.M. instead of 6:30 P.M. Commissioner Winner moved to pass and adopt Resolution 88-61 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 Offer from J&S Railroad Ties, Inc. in the case of City v. J&S Railroad Ties, Inc. The offer to settle the claim has been withdrawn by the insurance carrier as the Defendant objects to the settlement. Commissioner Winner moved to withdraw this item. The motion was duly seconded and carried unanimously. The City Attorney reported the oral arguments in the Noise Ordinance case, scheduled for December 2nd, have been cancelled. The Court will issue an order but the time frame is not known. XVI - Verbal Reports The City Manager reported a request has been received from the County that the City participate in funding sampling of Clearwater Harbor water in connection with the Dunedin Pass dredging appeal. Consensus to place on the next agenda. He also reported a request had been received from a group called "Save Dunedin Pass" that the City provide $250.00 for postage. Commission consensus was this would not be appropriate. XVII - Other Commission Action Item #54 - Appoint Member to Present Commission's Position regarding McMullen-Booth Road to the County Commissioners. Commissioner Winner moved to appoint Commissioner Regulski to present Commission's position regarding McMullen Booth Road to the County Commissioners. The motion was duly seconded and carried unanimously. Mayor Garvey reported the County is requesting a response from the City regarding the proposed Countywide Library System. Consensus to agenda for discussion at the next work session. XVIII - Adjournment The meeting adjourned at 11:12 p.m.