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06/01/1989 CITY COMMISSION MEETING June 1, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 1, 1989 at 6:00 P.M., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty Planning & Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Doyce Wise, Faith United Church of Christ. 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 Three (3) service pins were awarded to City employees. IV - Introductions and Awards Proclamation: Little League Baseball Week - June 12-18, 1989. Citations of Appreciation were presented in recognition of the community service of Frank Morris and Helen Herman. V - Minutes of Regular Meeting May 18, 1989 Commissioner Winner moved to approve the minutes of the meeting of May 18, 1989 as revised by the City Clerk. The motion was duly seconded and carried unanimously. VI - Presentations (A) Hurricane Awareness Month (June, 1989) - Resolution 89-27. Val Mahan, Emergency Management Coordinator, reported on the City's hurricane preparedness program. It was noted that failure to evacuate, when ordered, could result in a misdemeanor. It was also noted that a 5-6 foot tide would place the Memorial Causeway 1 foot under water. Commissioner Regulski moved to pass and adopt Resolution 89-27 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. (B) Equal Employment Opportunity - Commission Presentation Fred Costales, District Director, U.S. Equal Employment Opportunity presented a plaque to the City for their contribution to Civil Rights' enforcement. Ron McElrath, Community Relations Coordinator, introduced his staff and the Community Relations Director for the City of St. Petersburg. VII - Citizens to be heard re items not on the Agenda. Ray Fagan requested the policy regarding credit for trash/garbage services being given to mobile home parks for vacant units and not other multi-family dwellings be investigated. Consensus to discuss at next work session. J. Anthony King, representing some residents of Condon Gardens, requested that one of the police officers stationed in that area be relocated due to complaints concerning his actions. Six citizens reiterated the complaints against the officer and questioned the investigative report that had been done by the Police Department. Consensus to discuss at a future work session. Lois Cormier requested the matter of the Condon Gardens Police report not be closed. She also informed the Commission that members of the new South Clearwater Citizens for Progressive Action were in the audience and that they were working with and being trained by the Clearwater Police Department in fighting the crack cocaine problem in their neighborhood. VIII - Public Hearings Item #9 - Public Hearing and First Reading, Ordinance 4816-89 - Vacation of existing ROW easement along the E side of Lots 1 and 2 of Sever Park Subdivision located in the SE 1/4 of Sec. 18-28-16, subject to it being retained as a drainage and utility easement. (PW) At one time the City required a 40 foot right of way easement along both sides of U.S. 19. These easements were to be used for the relocation of utilities and the preservation of the corridor associated with the widening of U.S. 19. It has now been determined that the requirement of a 40 foot drainage and utility easement instead of a right of way easement would better serve the City of Clearwater. This request has been reviewed by the various City departments/divisions concerned and the three utility companies, and there were no objections. In response to a question regarding a previous vacation application, Hank St. Jean, representing the applicant, indicated an amended site plan extending the sidewalk out to the right-of-way line would be submitted in two weeks. Commissioner Winner moved to approve the vacation of the subject easement subject to it being retained as a drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4816-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4816-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #10 - Resolution 89-29 - placing a lien on certain real property for past due utility bills. (PW) The property owners involved were notified of the indebtedness and potential lien filing by the Public Works Department; and were notified by the City Clerk of the public hearing regarding the indebtedness pursuant to Section 50.08 of the City Code of Ordinances. In response to a question, Bob Brumback, Assistant Public Works Director-Utilities, indicated a statement of agent had been signed for each of the residences. Commissioner Nunamaker moved to approve the placement of lines on certain real properties for unpaid utility bills. Motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to pass and adopt Resolution 89-29 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #11 - Variance to the Separation Requirements for sale of Alcoholic Beverages for Allies's Restaurant located at 1675 Gulf to Bay Blvd. AB 89-06, CU 89-33 (PL&D) Allie's Restaurant is proposing to locate within the Gulf to Bay Shopping Center where the Wags Restaurant now operates with a 2-COP license. The proposed expansion and change in ownership has caused the review of a conditional use, a parking variance and a variance to the separation requirements. The Planning and Zoning Board approved the conditional use for consumption of alcoholic beverages on the premises. The Development Code Adjustment Board approved the parking variance which was necessitated by the requirement of 15 additional spaces for the 580 square foot expansion in accordance with the new parking requirements for a 2-COP licensed facility. The existing floor area of the restaurant is "grandfathered in" as to parking. Jim Shimberg, attorney representing Marriott Family Restaurants, indicated the existing Wags Restaurants are being converted. He feels there will be no increase in alcoholic beverage sales which is presently at 1 percent. Commissioner Regulski moved to approve the variance of 146.5 feet to allow a 2 COP licensed facility on the subject property within 53.5 feet of a similarly licensed facility and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #12 - Public Hearing and First Reading, Ordinances 4805-89 and 4806-89 - Petition for Annexation and RS-8 (Single Family Residential) Zoning for property (0.2 acres) located at 1857 East Drive; Lot 5, Blk A, Clearwater Highlands, Unit A, Sec. 2-29-15 (Collins) A 89-6 (PL&D) The property is developed with a single family residence and the owner wishes to connect to the available City sewer. All the required fees have been paid. Water is also available to the property. Commissioner Winner moved to approve the annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4805-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4805-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4806-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4806-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #13 - Public Hearing and First Reading, Ordinances 4807-89 and 4808-89 - Petition for Annexation and IL (Limited Industrial) Zoning for property (1.6 acres) located at 1151 Kapp Drive; M&B 13.11, Sec. 12-29-15 (NUS Corp.) A 89-7 (PL&D) (to be contd.) The Planning and Zoning Board on May 30, 1989 continued this item to its meeting of June 13, 1989 since the applicant failed to appear at the meeting. Commissioner Regulski moved to continue this item to the meeting of June 15, 1989. The motion was duly seconded and carried unanimously. Item #14 - Public Hearing and First Reading, Ordinances 4813-89 and 4814-89 - Petition for Annexation and IL (Limited Industrial) Zoning for property (12.71 acres) located on the W side of Hercules Ave. immediately N of the S.C.L. Railroad. M&B 34.26, 34.27,334.25, Sec. 1-29-15, M&B 21.01, Sec. 12-29-15 (Clearwater Concrete Industries, Inc.) A 89-9 (PL&D) A letter was received requesting a two week continuance due to an inaccurate legal description on the petition for annexation and zoning request. Commissioner Winner moved to continue this item to the meeting of June 15, 1989. The motion was duly seconded and carried unanimously. Item #15 - Public Hearing and First Reading, Ordinance 4812-89 - Zoning Atlas Amendment from P/SP (Public/Semi-Public) and OS/R (Open Space/Recreation) to AL/I (Aquatic Lands/Interior) for eight parcels whose boundaries are within property (20.5 acres) located between McMullen-Booth Rd. and Landmark Dr., N of Countryside High School, 3030 McMullen-Booth Rd.; portion of M&B's 32.00 and 41.04, Sec. 20 and 21-28-16. (City) Z 89-6 (PL&D) The property is City owned, but as the lessee, Chi Chi Rodriguez Youth Foundation, Inc. has joined the City in the request. The lessee has submitted the required survey and legal descriptions of the eight parcels proposed for rezoning to comply with one of the conditions imposed at the time of the site plan review. The preliminary site plan for the Chi Chi Rodriguez Youth Foundation Golf and Education Complex was approved with conditions by the City Commission on March 3, 1988. The Development Review Committee approved the final site plan with conditions on July 28, 1988. One of the conditions of approval was this rezoning prior to issuance of a building permit. The proposed boundaries of AL/I zoned land conform to the final configuration of the wetlands as modified by a dredge and fill permit obtained from the Florida Department of Environmental Regulation. Commissioner Winner moved to approve the requested zoning atlas amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4812-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4812-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #16 - Public Hearing and First Reading, Ordinance 4815-89 - Amendment to the Land Development Code, Sec. 134.008(2) relating to Political Signs LDCA 89-06 (PL&D) The City Clerk Department notified the Planning and Development Department that during the recent election, political signs were improperly displayed on public property and private property without the owner's permission. Ordinance 4815-89 has been prepared to clearly provide that a property owner or tenant in possession of the property must consent to a political sign being placed on their property and that no political sign may be placed on any public property. The ordinance also proposes an increase in the allowable size of a political sign in a commercial or industrial zone to be 32 square feet, consistent with that allowed by Pinellas County. Commissioner Winner moved to approve the amendment to the Land Development Code regarding political signs. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4815-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4815-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #17 - Public Hearing and First Reading, Ordinance 4826-89 - Amendment to the Land Development Code Sec. 136.024(d) relating to Separation Requirements for Establishments Selling Alcoholic Beverages. LDCA 89-07 (PL&D) New or expanded establishments licensed for consumption on premises with a 1, 2 or 4-COP license are now required to be separated from each other by 200 feet. Ordinance 4826-89 requires a 200 foot separation distance requirement between new or expanded establishments selling alcoholic beverages licensed for package sales with a 1, 2 or 3-APS state license. Concerns were expressed by the Planning & Zoning Board regarding "grandfathering" existing establishments and it was indicated that this amendment would only affect new establishments. Lorraine Frietag, representing the Clearwater Beach Association and one citizen, spoke in support indicating this ordinance would be the first step in slowing down and reversing proliferation of alcoholic beverage establishments. Concerns were expressed for the youth of today and safety problem created by having more than one alcoholic beverage establishment located per corner. Letters of support were received from the Clearwater Beach Association and the Holy Trinity Greek Orthodox Church. John Blakely, attorney representing Pick Kwik, and Henry Marois, representing Florida Food & Fuel Retailers, spoke in opposition to the amendment indicating the government is attempting to over-regulate businesses, that such an ordinance will deny the public the benefits received from competition, and will create customer inconvenience. Discussion ensued in regard to the above and it was indicated there is a need to limit the number of outlets for alcoholic beverage sales. Commissioner Nunamaker moved to approve the amendment to the Land Development Code regarding separation of establishments selling alcoholic beverages for package sales. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4826-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4826-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The meeting recessed from 8:13 P.M. to 8:19 P.M. Item #18 - Community Development Block Grant Application, 1989-90 (PL&D) The U.S. Department of Housing and Urban Development has notified the City of the Community Development Block Grant allocation of $722,000 for 1989-90. When $168,000 of anticipated program income and contingency is added, there is a projected $890,000 available for the 15th CDBG Year (1989-1990). Proposed projects have been reviewed by the Neighborhood Advisory Committee and by staff. Federal eligibility standards, funding levels, and other federal requirements have been observed in recommendations. James Sheeler, Community Development Coordinator, stated there is a total of $90,000 available for social service programs under the federal cap of 15 percent for administrative and operating expenditures for social agencies. Dale Skelnar, representing Neighborly Senior Services, requested funds to provide a Therapeutic Art Program for the elderly. Mary Ann Tintella, representing the YWCA Condon Gardens Kings Kids Program, requested support for providing after school care and tutoring during the 1989-90 school year. Three residents of Condon Gardens spoke in support of the YWCA Condon Gardens Kings Kids program. One citizen spoke in favor of the Condon Gardens Girls' Club. Gwen Reese-Peaten, representing YWCA's Project HELP, requested funds for child care and renovations and it was indicated that renovations such as plumbing could be allocated from a category other than social services. T. Daniels, representing Condon Gardens Boys' Club, and four participants in the Boys' Club, asked for continued support. Carolyn Daniels, representing Neighborhood Care for Kids day care centers, requested aid to fund housing rehabilitation to provide child care. It was indicated this would fit under housing rehabilitation to some degree. Linda Baker, representing Girls' Clubs of Pinellas County, requested funds for renovations and a computer. Three Project Self-Sufficiency participants stated that this project has provided help and support to them and requested the funding not be cut. Charles Castano and Jim Casuth, representing Isaiah's Inn, requested kitchen equipment as the existing house is being renovated and the kitchen will start serving families next month. The request for bedding and linens has been amended as the greater need is for the renovations of the structure. It was indicated it is hoped the bedding and linens can be obtained through donations. Shirley Hunt, Board of Directors of Isaiah's Inn, invited the Commission and staff to see what accomplishments have been made at the Inn and indicated the need for support and public donations. Deborah Vincent, representing Clearwater Housing Authority, indicated her support of the CHA programs and requested the Commission consider funding the Therapeutic Art Program, if not through the CDBG then possibly through the City. Martha Skelton, representing Community Pride Child Care Center, requested equipment for the main center and expressed the need to relocate in order to house additional children. Suzanne Bissett, representing Quest Inn, requested partial funding for an addition to the existing facility for additional beds. Charles Mann, representing Community Service Foundation, emphasized the need to inform and educate the public of the necessity for affordable housing. Commissioner Regulski moved to approve the allocation of 1989/90 Community Development Block Grant (CDBG) funds to programs in the Public Service Category as follows: Boys' Club Condon Operating Support - $11,500; Clearwater YWCA Condon Kings Kids Operating - $11,500; Community Pride Match/Operating - $4,400; Community Services Foundation Central Housing - $39,300; Ervin's Youth Club Operating - $11,500; and Project Self-Sufficiency Operating - $11,500 for a total of $89,700. The motion was duly seconded and carried unanimously. Discussion ensued regarding the allocation of the remaining CDBG funds. Concerns were expressed regarding $17,900 being allocated to a weight room at Ross Norton Recreation Center and the need to provide future funding for supervision and operating of such a facility. Discussion ensued regarding the request for $35,300 to expand the building of Ervin's Youth Club. Mr. Sheeler indicated PVTI has volunteered the labor for this construction and the request has been reduced to $23,700. Desires to fund construction at Isaiah's Inn and Project Help were expressed. A suggestion was made that the weight room be eliminated and some funds be taken from the Housing Rehabilitation Program in order to fund the desired projects. Commissioner Regulski moved to approve the Statement of Community Development Objectives and CDBG use of funds for the 1989-1990 fiscal year as follows: Clearwater Community Development Administration - $65,000; Clearwater Economic Development Program - $50,000; Clearwater Housing Rehabilitation Program - $532,800; Clearwater Sensitive Code Enforcement - $40,000; CHA Condon Recreational Center Improvements - $5,900; CHA Fulton Avenue Apartment Rehabilitation - $5,700; CHA Levinson Center Improvements - $10,000; Community Pride North Facility Rehabilitation - $3,400; Community Pride South Facility Rehabilitation/Expansion - $12,000; Ervin's Youth Club New Building Expansion - $24,000; Girls' Club Condon Facility Rehabilitation - $7,400; Isaiah's Inn Construction - $13,000; Project HELP Construction - $2,500; Quest Inn 3rd Floor Improvements - $25,000; RCS Emergency Housing Rehabilitation - $3,600 for a total of $800,300 and authorize submission and acceptance of the 15th Year Community Development Block Grant application and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Ervin Harris thanked everyone for their support. Item #19 - Community Development Block Grant Modification. (PL&D) The City FY 1987 Community Development Block Grant provided $30,000 for land acquisition for the Homeless Emergency Project in a joint project with Pinellas County. Several land purchases were evaluated and it was determined that land already available and controlled by the project at Fairburn Avenue and Engman Street was the best alternative. The City Commission is requested to approve the modification of this project to use the allocated $30,000 for project improvement instead of land acquisition for this emergency, transitional and specialized housing project. This funding will join $70,000 available through Pinellas County. Commissioner Winner moved to approve the modification of the Community Block Grant activity for the Homeless Emergency Project from $30,000 for land acquisition to $30,000 for site and project improvements and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances Item #20 - Ordinance 4799-89 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4800-89 (Waydovic) (CA) The City Manager presented Ordinance 4799-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4799-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #21 - Ordinance 4800-89 - Annexation of property located on the W side of West Dr., approx. 800 ft. S of Sunset Pt. Rd., consisting of Lot 5, Suban's Subdivision (Waydovic) A 89-4 (CA) The City Manager presented Ordinance 4800-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4800-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #22 - Ordinance 4801-89 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4801-89 (Rodriquez) (CA) The City Manager presented Ordinance 4801-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4801-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #23 - Ordinance 4802-89 - Annexation of property located on the E side of McMullen Booth Rd., approx. 400 ft. S of Drew St. (Rodriquez) A 89-5 (CA) The City Manager presented Ordinance 4802-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4802-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - Review of Preliminary FY 89-90 Budget. The City Manager presented background information on the City of Clearwater and reviewed the budget process. He projected a 2.2 percent increase and indicated there is an estimated $323,000 revenue shortfall from what had been projected. He indicated an attempt is being made to place increased emphasis on public safety and also indicated that there has been an increase of $3,000,000 in employees' costs. X - Consent Agenda (Items 24-38) - Approved as submitted. Agreements - Approved. Item #24 - Approve Interruptible Gas Rate Contract for National Health Care Linen service. (PW) Bids & Contracts - Approved. Item #25 - Award Contract to Martin's Uniform Co., Tampa, for Industrial Uniforms for $127,581.89. (AS) Item #26 - Extension of the Unisys A-Series Mainframe Computer Maintenance Contract to Unisys Corporation for July 1, l989 through September 30, 1989 for $12,500. (AS) Item #27 - Award Contract for one (1) eighteen (18) foot Step Van to Barrie Reid Buick/GMC, Inc., Ft. Pierce, FL, for $25,804.63. (GS) Item #28 - Award Contract for 50 (additional) Toshiba Model T1200FB Lap Top Computers to A.P. Computer Systems, Clearwater, for $72,287.50. (PD) Item #29 - Award Contract for (2) 4-door replacement vehicles to Karl Flammer Ford, Tarpon Springs, FL, for $12,589.33. (PD) Item #30 - Award Contract for 2,700 tons of DOT Coarse Sand to Florida Crushed Stone, Co., Leesburg, FL, for $20,115. (P&R) Item #31 - Award Contract for Sunny Park Road Sanitary Extension (from Regal Rd. to Lime St.) (88-31) to C. P. Ward, Inc. of Largo, for $43,508.50. (PW) Item #32 - Award Contract for one (1) Flygt Submersible Pump, to replace two (2) existing ANI pumps, to E.K. Phelps, Apopka, FL, for $10,240. (PW) Change Orders - Approved. Item #33 - Approve Change Order No. 2 to the Contract for Reservoir No. 2 Modification Project increasing the previous Change Order No. 1 contract amount by $1,274 to $617,192. (PW) Plans & Plats - Approved. Item #34 - Preliminary Subdivision Plat for Featherwood Subdivision (4.6835 acres) located on the E side of McMullen-Booth Rd., S of Bay Lane; M&B 21.06, Sec. 16-229-16. (Pepe Rodriguez) SUB 89-05 (PL&D) - Authorize review of preliminary plat with final action by the Development Review Committee subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the front setbacks and lot widths at setback lines for lots 8-12 must be provided on the plat*; 3) the existing residential structures must be removed prior to recordation of the plat; 4) a five foot sidewalk will be required along McMullen-Booth Road and four foot sidewalks will be required along both sides of the new internal street. These are to be shown on the supplementary drawing*; 5) as agreed to with the Environmental Division of Public Works, the street will be realigned to save the specimen oak trees on the property. This will be shown on the plat* and 6) a note must be provided on the preliminary plat that states each lot will be developed in accordance with Code Section 133.026 requiring one shade tree to be planted per 50 feet of street frontage or an acceptable alternative for existing trees, subject to the approval by Environmental Management, prior to the issuance of a certificate of occupancy* (conditions 2 & 4-6 completed prior to DRC review). Receipt & Referral - Received and referred to proper departments. Item #35 - Petition for Annexation and RS-8 (Single Family Residential) Zoning for property (0.25 acres) located at 1231 Kapok Circle; Lot 12, and N 25 ft. of Lot 11, Kapok Forest, Sec. 9-29-16 (Williams) A 89-12 (PL&D) Item #36 - Petition for Annexation and RS-2 (Single Family Residential) Zoning for two parcels (1.42 acres) located at 2677 and 2693 Third Ave. N., Lots 8 through 19, E 1/2 of lots 7 and 20, Blk. 44, Chautauqua Subdivision, Unit 1, Sec. A., Sec. 32-28-16. (Koppe and Rugullies) A 89-13 (PL&D) Item #37 - Land Use Plan and Zoning Atlas Amendments from Public/Semi Public to Industrial and Limited Industrial (IL) respectively for property (1.54 acres) located on the S side of Calumet St., W of Belcher Rd.;, Lot 17 less the W 300 ft. Clearwater Industrial Park, Sec. 1-29-15. (National Data Products, Inc.) LUP 89-8, Z 89-10 (PL&D) City Attorney Agreements, Deeds & Easements - Accepted. Item #38 - Drainage and utility easement - M&B's, Gould & Ewings 2nd Addition (Nall) (CA) Commissioner Winner moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XI - Other Items on City Manager Reports Item #39 - Resolution 89-31 - Awarding Sale of Series 1988B - Water and Sewer Revenue Bonds in the principal amount set forth in the purchase contract, for the purpose of financing the acquisition and construction of improvements to the City's water and sewer system; approving the form of purchase contract in connection with the issuance of the bonds; approving use of preliminary and final official statements for the bonds; designating the Registrar and Paying Agent for the bonds; authorizing other action. (AS) On July 21, 1988, the City Commission authorized the sale of up to $90,000,000 Water and Sewer Revenue Bonds, to be used for refunding existing debt and providing approximately $48,000,000 of new money to upgrade the City's wastewater treatment facilities to standards mandated by the Florida DER (Department of Environmental Regulation) and Federal EPA (Environmental Protection Agency). Series I was sold on October 6, 1988, which provided $26,800,000 to be used solely to refund existing debt. Series 2 was sold on November 17, 1988, which provided $23,500,000 of new money, including approximately $16,800,000 for the Marshall Street Plant upgrade, currently under construction. Series 3, originally planned for sale in January, was delayed due to the action taken by Booker Creek Preservation, Inc. to protest the issuance of construction permits for the East and Northeast plants. This issue was resolved on March 16, 1989, and the settlement agreement provided that the City would extend the effluent outfall pipeline and construct a sea grass habitat at an estimated additional cost of $800,000. Due to the unusually tight time constraints, as well as the potentially severe implications of any additional delays in the project schedule, our financial advisor has recommended a negotiated sale of the bonds to minimize both the time required as well as the uncertainty surrounding the sale of the remaining bonds. Chuck Thornston of William R. Hough & Company, the City's Financial Advisor, indicated the market is at a historic low for the 1980's with an effective yield of 7.08 percent. Commissioner Winner moved to pass and adopt Resolution 89-31, awarding sale of the final installment of the 1988 Water and Sewer Revenue Bonds to Shearson, Lehman Hutton, Paine Webber, Smith Barney Harris & Co., and Merrill Lynch and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #40 - Mid-Year Budget Review It was pointed out that a major problem exists in regard to overtime in the Police Department and it was indicated that an attempt is being made to control this problem. In response to a question, it was indicated the surplus has fallen to 9.49 percent of the budget due to various impacts on the budget. (a) First Reading, Ordinance 4822-89 - Amending the Operating Budget for fiscal year ending September 30, 1989; to reflect increases and decreases in revenues and expenditures for the General, Utility, Bridge, Marina, Parking, Pier 60, Airpark, Central Services, Garage, Special Development, and Special Program funds. The City Attorney presented Ordinance 4822-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4822-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. (b) First Reading, Ordinance 4823-89 - Amending the Capital Improvement Program Report and Budget for fiscal year ending September 30, 1989, to reflect an expenditure increase of $585,262 to expand the scope of projects in the functional categories of Police Protection, New Street Construction, Parkland Acquisition, Park Development, City Hall Annex, Miscellaneous - General Buildings, Sanitation, and Utilities-Miscellaneous; and to reflect a decrease of budget expenditures of $163,664 in Building Maintenance and Gas System; for a net increase of $421,598. The City Attorney presented Ordinance 4823-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4823-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #41 - Northeast Advanced Pollution Control Facility Project - Award contract to Brasfield & Gorrie General Contractor, Inc., for $18,501,000 (CL 87054-2) (PW) The Northeast Advanced Pollution Control Facility Project consists of the conversion of the existing 8 million gallon per day (MGD) secondary wastewater treatment plant to a five stage Bardenpho Process, and expansion of the facility to a capacity of 13.5 MGD. The Bardenpho Process is a patented process which removes both phosphorus and nitrogen, as well as BOD and suspended solids, without dependence on chemical additives, which most other AWT processes require. Several alternative AWT processes were considered for the upgrading and expansion of the Northeast PCF, and on the basis of economics and reliability, the Bardenpho Process was found to be the most cost effective. The Northeast PCF is a regional treatment facility serving the northeast area of Clearwater, and the City of Safety Harbor. The City of Safety Harbor has requested an AWT capacity of 4 MGD and will provide their proportional share of the total cost of the project. The Northeast AWT project includes conversion of existing aeration tanks to anoxic tanks, modifications to the existing influent structure, including new mechanical bar screens, grit removal equipment, primary sludge thickeners, pumps and odor control equipment. New construction includes fermentation and anoxic tanks, and oxidation reactors associated with the Bardenpho Process; construction of additional clarifiers, return and waste sludge pump station, an equalization tank and equalization pumping system. The project also includes increasing the capacity of the influent filter facility; construction of sludge blending tanks; and a sludge dewatering building, including three belt filter presses and odor control system. When completed, the facility will be capable of removing pollutants including suspended solids, BOD, nitrogen and phosphorus, to levels required by Florida law. Bill Baker, Public Works Director, stated this project starts the recovery process for Clearwater Harbor and Tampa Bay. He also stated that the upgrading of the Marshall Street Plant is now underway with the Northeast Pollution Plant to follow. Commissioner Winner moved to award the contract for the Northeast Advanced Pollution Control Facility Project to Brasfield & Gorrie General Contractor, Inc. in the amount of $18,501,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #42 - First Reading, Ordinance 4821-89 - Redefining boundaries of City to exclude property located on the N side of Drew St., immediately E of Eisenhower Elementary School, upon a finding that the property does not meet the criteria of Section 171.043, F.S., for failure to approve the proposed amendment to the Countywide Land Use Plan upon which annexation was predicated. (PL&D) The City Attorney presented Ordinance 4821-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4821-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #43 - First Reading, Ordinance 4824-89 - Petition for Annexation for property (9.54 acres) located approx. 800 ft. S of Enterprise Rd. adjacent on the E to the proposed extension of Landmark Dr.; M&B 22.011, Sec. 32-28-16 (Vogel) A 88-19 (PL&D) The zoning applied to the property will be OL (Limited Office) with a land use plan classification of Residential/Office to become effective upon approval by the Board of County Commissioners in accordance with Ordinances 4640-88 and 4641-88 adopted on December 15, 1988. The property is currently vacant and is proposed to be developed with offices. City water and sewer are available to the property. The City Attorney presented Ordinance 4824-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4824-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #44 - First Reading, Ordinance 4825-89 - Redefining boundaries of City to exclude property located approx. 800 ft. S of Enterprise Rd., adjacent to proposed extension of Landmark Dr., upon finding that the property does not meet the criteria of Section 171.043, F.S., for failure to approve the proposed amendment to the Countywide Land Use Plan upon which annexation was predicated. (PL&D) The City Attorney presented Ordinance 4825-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4825-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #45 - Neighborhood Advisory Committee - Appointment (1 member) (CLK) Commissioner Winner moved to appoint Rose M. Johnson. The motion was duly seconded and carried unanimously. Item #46 - Planning and Zoning Board - Appointment (1 member) (CLK) Commissioner Nunamaker moved to appoint Edward Mazur, Jr. The motion was duly seconded and carried unanimously. Item #47 - Beautification Committee - Appointment (1 member) (CLK) Commissioner Regulski moved to reappoint Phoebe Moss. The motion was duly seconded and carried unanimously. Item #48 - Library Board - Appointment (1 member) (CLK) Commissioner Fitzgerald moved to appoint C. Pate Hutchens. The motion was duly seconded and carried unanimously. XII - Other Pending Matters - none. CITY ATTORNEY REPORTS XIII - First Reading Ordinances - none. XIV - Resolutions Item #49 - Resolution 89-26 - Requesting Pinellas County Board of County Commissioners to cancel and discharge a certain tax lien upon municipal property acquired for public purposes and to grant tax exemptions (S 1/2 of Lot 12, E. A. Marshall's Subdivision, acquired for parkland). (CA) Commissioner Winner moved to pass and adopt Resolution 89-26 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #50 - Resolution 89-30 - Dedicating a portion of property located in Section 1-29-15, at the SE corner of intersection of Hercules Ave. and Montclair Rd., as public right-of-way. (CA) Commissioner Winner moved to pass and adopt Resolution 89-30 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XV - Other City Attorney Items Item #51 - Merlin v. City - Settlement of lawsuit.(CA) The plaintiff, Ms. Merlin, sustained serious injury to her right knee as a result of a trip and fall on a sidewalk on Mandalay Avenue. She was seeking $100,000 to settle the case. The case was referred to a mediator and the mediator recommends a settlement of $70,000. Ms. Merlin's attorney has advised that $70,000 would be accepted. Commissioner Regulski moved to authorize settlement in the amount of $70,000 and that the appropriate officials be authorized to execute same. Motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Fitzgerald and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried. Item - Sanitary Sewer Agreement - City of Clearwater, City of Largo and John Wilson - property located in the NE 1/4 of the NE 1/4 of Section 28-29-15, situated in Largo. The City of Largo presently does not have sanitary sewer service available to the property and the owner's septic tank is going bad; however, it is anticipated that sewers will eventually be installed in the vicinity of this property and the need for the provision of sanitary service by Clearwater shall cease at that time. The City of Largo does not have any objection to this connection. In response to questions, it was indicated the property owner will pay normal sewer connection charges and user charges to the City of Clearwater on the same basis that other sewer users outside the municipal boundaries are charged. Commissioner Regulski moved to approve the sanitary sewer agreement between Clearwater, Largo, and John Wilson and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney reported a hearing regarding the noise ordinance is scheduled for Friday, June 2, 1989, at 10:00 A.M. XVI - Verbal Reports The City Manager reported the Chamber is requesting City support in seeking funds from the Tourist Development Council (TDC) for a conference center feasibility study. The TDC has indicated a favorable response; however, County Commissioner approval is needed. Pete Woodham, Executive Vice President of the Chamber of Commerce, stated the study would focus on Clearwater, specifically the beach. He stated the study would determine if a conference center is feasible and, if so, its size, configuration, funding and location would also be addressed. Concerns were expressed that a determination has already been made to locate the facility on the beach. Consensus was to submit a letter of support to the County Commission without specifying a location. XVII - Other Commission Action The Mayor expressed resentment regarding the Chamber lobbying for passage of billboard legislation. Commissioner Nunamaker requested that staff investigate complaints regarding defoliation on Stevenson's Creek. XVIII - Adjournment The meeting adjourned at 11:10 P.M.