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10/19/1989 CITY COMMISSION MEETING October 19, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 19, 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, Jr. Planning and Development 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 - none. IV - Introductions and Awards. A. The 1989 Employee of the Year Award was presented to Jessee Trueblood, Groundskeeper I, Parks & Recreation Department. B. Proclamation Safety Awareness Week - October 23-27, 1989. V - Presentations - none. VI - Minutes of the Regular Meeting of October 5, 1989. Commissioner Winner moved to approve the minutes of the regular meeting of October 5, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Barbara Green, Homeless Emergency Project Inc., requested consideration of allowing payment of Transportation Impact Fees in installments. This issue is to be agendaed for the meeting of November 2, 1989. VIII - Public Hearings ITEM #9 - Public Hearing & First Reading - Ordinance #4898-89 - Vacating portion of right-of-way of Cleveland St. at the NE corner of intersection of Cleveland St. and Garden Ave., and a portion of the right-of-way of Hendricks/Laura Street at the SW "corner" of intersection of Hendricks St. and Laura St. (MAS ONE, Limited) V 89-16) (PW) MAS ONE Limited and the City are in the process of replatting Block 8 of Gould and Ewing's 1st and 2nd Addition to Clearwater Harbor and the old railroad right-of-way adjacent to Block 8. During the surveying, several discrepancies were found between the original survey work and what now exists. This vacation request will cleanup the problem areas for replatting, further establish the 80 foot right-of-way of Cleveland Street, and provide for a valuable utility easement not now in hand. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4898-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4898-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Public Hearing and First Reading Ordinances #4890-89 & #4891-89 - Land Use Plan Amendment to Low Density Residential and RM-8 District Zoning for Four Lots Located on the N side of Howard St. between Scranton and Tilley Avenues, consisting of Lots 25 through 28, inclusive, Blk B, Belmont 2nd Addition (Belmont Park Methodist Church LUP 89-11 Z 89-13 (PLD) The property is developed with a single family residence for the minister's use. The church has bought another property for the parsonage and is requesting the amendments to permit the sale of this property. Barbara Williams, Trustee for Church, indicated there is a buyer for the property and requested documentation that could be presented to the lending institution in order to allow the buyer to move in. The Planning & Development Director indicated he could provide this. Commissioner Regulski moved to approve the land use plan amendment and zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4890-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4890-89 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 #4891-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4891-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #11 - Public Hearing and First Reading Ordinance 4892-89 - Rezoning property on E side of Edenville Ave. approximately 325' S of Gulf-to-Bay Blvd., consisting of Lot 3, Blk B, Edenville Subdivision from Single-Family Residential (RS-8) to Multiple-Family Residential (RM-8) (Alley, Rehabum & Capes, Inc.) Z 89-14 (PLD) The property is developed with a single family residence. The owner of the subject property is also the owner of the office building and the parking lot immediately north of the subject property. The RM-8 zoning district permits parking as a conditional use. If the RM-8 zoning is granted, the property owner intends to request a conditional use to permit the expansion of the existing parking lot to include the subject parcel. The rezoning of this one lot would constitute spot zoning and its redevelopment into a parking lot would be an intrusion which could only be detrimental to the character of the neighborhood. The Planning and Zoning Board on October 3, 1989, recommended denial of the zoning atlas amendment. Greg Britt, representing area residents, indicated they are opposed to the parking lot. He indicated there is a business around the corner that is willing to rent parking spaces to the applicant. Commissioner Regulski moved to deny the zoning atlas amendment on the subject property. The motion was duly seconded and carried unanimously. The attorney representing the applicant arrived after the vote had been taken and requested the opportunity to speak before the Commission. Commissioner Winner moved to reconsider Item No. 11. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker, and Fitzgerald and Mayor Garvey voted "aye." Commissioner Regulski voted "nay." Motion carried. James Hellinger, Jr., attorney representing the applicant, indicated they want to remove the house and accommodate parking on this lot. He stated the parking would be a buffer between the residential area and commercial developments. He indicated, as there is an adverse impact on affordable housing in the area, the applicant is willing to donate the house to the housing agency. William Waters, executive officer of the applicant, indicated that allowing this request will help solve a parking problem in the area. One citizen spoke in opposition to the parking lot expressing concern for the safety of the neighborhood children. Commissioner Winner moved to deny the zoning atlas amendment. The motion was duly seconded and carried unanimously. ITEM #12 - Variance to the Separation Requirements for Sale of Alcoholic Beverages at 1465 S Ft. Harrison Ave., Belleair Highlands, Blk A, Lots 1-10 and Belleair Highlands 1st Addn, Lots 1-12 (Le Petite Cafe) AB 89-14 (PLD) The establishment is a breakfast and lunch restaurant at the southeast corner within the newly developed Colony (Belleair Links) Plaza. The business owner is currently pursuing a 2-COP alcoholic beverage State license for on-premise beer and wine. On September 5, 1989, the Planning and Zoning Board approved the conditional use subject to the following conditions: (1) that appropriate interior floor area and seating variances must be obtained from the Development Code Adjustment Board; (2) that a variance to the separation requirement from residential zones must be obtained from the Commission; (3) that hours of operation must be restricted to 8:00 a.m. to 3:00 p.m.; (4) that light from signs and other illuminating fixtures must be directed toward S. Fort Harrison Avenue and/or away from the residential zones located to the east and southeast; and (5) that the occupational license be procured within 6 months. On October 12, 1989, the Development Code Adjustment Board approved variances for the site subject to the following conditions: (1) the sign be no larger than their existing sign and be placed at the same location as the temporary banner; (2) the Le Petit Cafe be operated by Alex and/or Anna Imbert only; (3) the hours of operation be limited to 8:00 a.m. to 3:00 p.m.; and (4) the building/sign permit be procured within 6 months. While the closest residentially zoned building is 96.21 feet west of the establishment, the zoning district boundary is only 2.96 feet from Le Petit Cafe. Within this area on the subject property, is a retention/open space green area with a hedgestock along the property line and a parking lot for the retail plaza. The green area and hedge provide buffering for the residence on the adjacent property. Alex Imbert, applicant, said the establishment will be a restaurant serving breakfast and lunch. A citizen spoke in opposition to the sale of alcoholic beverages close to a residential area. Commissioner Regulski moved to approve a variance of 297.04 feet to allow a 2-COP licensed facility within 2.96 feet of a residential area subject to no outdoor music or public address system being permitted. The motion was duly seconded and carried unanimously. ITEM #13 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for the New Fountain located at 1045 N Greenwood Ave., Section 10-29-15, M&B 24.01 (A.A.J.R.) (Willow Run, Inc.) AB 89-11 (PLD) The New Fountain has a grandfathered 4-COPSR alcoholic beverage designation which allows on-premise consumption and package sales. The property is included in the North Greenwood Economic Development Plan and has been rezoned commercially. The new business owner proposes to expand the building by approximately 2,100 square feet in order to house the package sales and provide a catering service. The property adjoins a residential zone. On September 19, 1989, the Planning and Zoning Board approved a change of business ownership for the alcoholic beverage license with the condition that a 5-foot landscape buffer be established on the south property line. On October 12, 1989, The Development Code Adjustment Board approved a parking variance subject to the following conditions: (1) no customer seating be allowed in catering kitchen, unless additional parking is provided; (2) building plans subject to approval by the N. Greenwood Design Review Committee; and (3) a building permit be procured within 1 year. Mark Brandt, attorney representing the applicant, pointed out that the new owner is A.A.J.R. Enterprises, Inc., and this expansion will mean employment for the area. He indicated the applicant has made a substantial investment and is committed to the area and views this expansion as a foundation for redevelopment. Concern was expressed due to past problems in this area and it was indicated guidelines need to be set for the revocation of licenses of businesses with a history of code violations. The Commission requested the City Manager and the City Attorney pursue establishing a standard for revocation. Commissioner Nunamaker moved to approve a variance of 300 feet to allow on-premise consumption and package sales of alcoholic beverages zero feet from a residential zone subject to all conditions listed and that City Commission establish a standard for revocation of licenses. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #14 - Ordinance #4875-89 - Amending land use element of comprehensive plan to change land use designation for property at SE corner of N. Myrtle Ave. and Marshall St., consisting of Lots 5, 6 & 7, Blk B, Norwood Subdivision from Low Density Residential to Residential/Office (Zayyad/Okubuye) LUP 89-10 The City Attorney presented Ordinance #4875-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4875-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, and Fitzgerald. "Nays": Garvey. Motion carried. ITEM #15 - Ordinance #4876-89 - Rezoning from Multiple-Family Residential (RM-8) to Limited Office (OL) for property at SE corner of N. Myrtle Ave. and Marshall St., consisting of Lots 5, 6 & 7, Blk B, Norwood Subdivision (Zayyad/Okubuye Z 89-12) The City Attorney presented Ordinance #4876-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4876-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, and Fitzgerald. "Nays": Garvey. Motion carried. ITEM #16 - Ordinance #4877-89 - Zoning property annexed in Ordinance #4878-89 as Single-Family Residential (RS-8), located at the SW corner of the intersection of Highland Ave and Grove Circle, Grove Circle Subdivision, Lot 16 (South, Aguiar & Bishara) A 89-16 The City Attorney presented Ordinance #4877-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4877-89 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 #17 - Ordinance #4878-89 - Annexing property at SW corner of intersection of Highland Ave. and Grove Circle, consisting of Lot 16, Grove Circle Subdivision (South, Aguiar & Bishara) A 89-16 The City Attorney presented Ordinance #4878-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4878-89 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 #18 - Ordinance #4879-89 - Zoning property annexed in Ordinance #4880-89 as Single-Family Residential (RS-8) located on W side of K St., South of Bay Lane, consisting of Lot 25, Unit 1, Crystal Heights (Harding) A 89-17 The City Attorney presented Ordinance #4879-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4879-89 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 #19 - Ordinance #4880-89 - Annexing property on W side of K St., South of Bay Lane, consisting of Lot 25, Unit 1, Crystal Heights (Harding) A 89-17 The City Attorney presented Ordinance #4880-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4880-89 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 #20 - Ordinance #4881-89 - Zoning property annexed in Ordinance #4882-89 as Single-Family Residential (RS-8) located on W side of K St., South of Bay Lane, consisting of Lot 26, Unit 1, Crystal Heights (Walker) A 89-18 The City Attorney presented Ordinance #4881-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4881-89 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 #4882-89 - Annexing property on W side of K St., South of Bay Lane, consisting of Lot 26, Unit 1, Crystal Heights (Walker A 89-18) The City Attorney presented Ordinance #4882-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4882-89 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 #4883-89 - Vacating a portion of east-west alley lying S of Lots 1 - 5 and N of Lots 12 - 16, Blk 7, Pine Crest Subdivision (George/Harris) V 89-14 The City Attorney presented Ordinance #4883-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4883-89 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 #4897-89 - Relating to Florida Power Corporation franchise; amending Section 8 of Ordinance 1091 to increase franchise fee from 5% to 6% with certain credits during remainder of term of franchise. The City Attorney presented Ordinance #4897-89 for second reading and read it by title only. One citizen spoke in opposition to increasing the franchise fee saying it would raise consumer rates. Commissioner Winner moved to pass and adopt Ordinance #4897-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. It was indicated franchise fees benefit the City in that property tax exempt businesses and corporations are required to pay these. It was noted that there is no indication that consumer rates will be raised. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items 24 - 43) - Approved as submitted. Agreements - Approved. ITEM #24 - Suncoast Aviation, granting the right to provide aircraft maintenance services at Clearwater Executive Airpark under the same terms as the present maintenance Fixed Base Operator for a four month lease extension period to January 31, 1990 (PW) ITEM #25 - Eimco Process Equipment Company - Bardenpho Process License Agreement for the East Pollution Control Facility, Advanced Waste Treatment Project (PW) ITEM #26 - Eimco Process Equipment Company - Bardenpho Process License Agreement for the Northeast Pollution Control Facility, Advanced Waste Treatment Project (PW) ITEM #27 - AT & T Credit Corporation - Lease Purchase Financing Agreement for 1989-1990 to provide a $2.5 million line of credit to cover all planned lease purchase equipment acquisitions for fiscal 1990. (AS) Bids & Contracts - Awarded. ITEM #28 - Re-award a Contract for vehicle lubrication to Lube Stop of Florida, Clearwater, at an estimated annual cost of $23,156.00 (GS) ITEM #29 - Award Contract for the purchase of one (1) 3/4-ton Cargo Van and one (1) 1-ton Pickup Truck with Crew Cab to Grant Motor Company, St. Petersburg at a cost of $27,027.40 (GS) ITEM #30 - Award Contract to Purchase Equipment Maintenance Services from Xerox Corp., Tampa, for an estimated price of $20,028.00, from October 1, 1989 to September 30, 1990 (PIO) ITEM #31 - Award Contract to Purchase Dance Band Services of Paul Spagnuolo Band during the period of November 1, 1989 through September 30, 1990 for a total price of $16,800.00 (P&R) ITEM #32 - (continued from 10/6/89) - Award Contract for Parking Lot Attendant Services at Parking Lots on Clearwater Beach for the period of 11-1-89/10-31-90 to Republic Parking Systems, Chattanooga, TN, at an estimated cost of $52,346.00 (PW) ITEM #33 - Award Contract to purchase two (2) bucket trucks to TECO, Inc. of Ft. Wayne, Indiana, at a cost of $76,344.00 for Traffic Engineering (PW) ITEM #34 - Award Contract for New Office Building - Proposed Building C to Par Builders Inc., of Clearwater, for the sum of $215,725.00 (PW) Citizen & Staff Requests - Approved. ITEM #35 - Approve waiver of City Costs Associated with the 1989 Turkey Trot, Wingding, and Gobbler Events (P&R) ITEM #36 - Approve Housing Assistance Plan for 1989-1990 - CDBG (PLD) ITEM #37 - Accept Annual Report on the Development of Regional Impact of Park Place (Metro Development Corporation) (PLD) ITEM #38 - Approve application for a grant with the purpose of amending land development regulations in the amount of $76,804.00 (PLD) Plans & Plats - Approved. ITEM #39 - Preliminary Site Plan for Congo River Golf and Exploration Company, Inc. Located at 880 U.S. Highway 19 South, Sever Park, Part of Lot 1, 1.73 acres, (South Gate Park, Inc.) PSP 89-18 (PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) prior to submittal of the final site plan for D.R.C. review, the developer's engineer must meet with the City's Public Works Department (Environmental Management and Engineering Divisions) to discuss: changes in the proposed grades/construction methods as recommended by the City to save the maximum number of existing trees, and mitigation of the wetlands; 2) the 40 foot "R/W setback" should be renamed as "drainage and utility easement."; 3) the parking requirements should be stated in accordance with formula; 4) the dumpster enclosure must be at a 45 degree angle for sanitation truck access; 5) signs and fencing/walls shall be subject to separate review and permitting processes. Receipt & Referral - Received and referred to the proper departments. ITEM #40 - Petition for Annexation and RS-8 Zoning for a Parcel Located at 1401 Citrus St., .25 acres, Sunny Park Groves, Lot 18 and W 50' of Lot 17, Blk C, (Smythe) A 89-19 (PLD) ITEM #41 - Petition for Annexation and IL Zoning for a Parcel Located on the E Side of the Proposed N Keene Rd. Extension where Leo Lane E Terminates, 9.99 acres Pinellas Groves, Section 1-29-15, Part of Lots 25 & 26, Section 12-29-15, part of Lots 6-8 (City of Clearwater) A 89-20 (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #42 - Drainage Easement, Fairview Addition, Blk A, Portion of Lot 5 (Vincent) ITEM #43 - Drainage Easement - S 12' and 15' lying 7-1/2' on each side of existing 18" concrete pipe, Resub of All of Central Park, Tract A (Wahl) Commissioner Winner moved to approved the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #44 - Revalidation of Site Plan for Plymouth Plaza located at M&B 343.01 & 43.01, Section 30-28-16, 2588-2594 U.S. 19 North (Plymouth Development Corporation) PSP 84-11 (PLD) The applicant is requesting approval to revalidate this site plan for 3 years in order to complete the development. One of the two previously approved office buildings, the parking structure and a parking lot have been constructed. The applicant is now ready to construct the remaining office building and related site improvements. No changes are proposed from the last site plan which was certified on June 11, 1987. James Polatty, Planning & Development Director, stated the applicant is requesting a two-year extension with no change in the original site plan. It was clarified the extension request is for obtaining a building permit not a certificate of occupancy. Hank Jones, representing the applicant, distributed an aerial drawing; and in response to a question, he indicated the site has multiple access and is not dependent on U.S. 19. In response to questions, it was indicated, if the site plan is not revalidated, the applicant would have to reapply. It was noted the development complies with code as a permitted use. Commissioner Regulski moved to approve the revalidation of the site plan for Plymouth Plaza subject to the following conditions: 1) the (previously) required 10 foot blanket easement for water lines must be dedicated to the City of Clearwater prior to the issuance of a building permit, and 2) a building permit be obtained within two years. The motion was duly seconded and carried unanimously. ITEM #45 - Agreement for Loan to Pay Impact Fees for Chi Chi Rodriguez Youth Foundation $45,440.00 (CM) The Chi Chi Rodriquez Youth Foundation has requested a $45,440 loan to pay its transportation impact fees for the public golf course constructed with private funds on land leased from the City. The no interest loan is to be repaid in annual installments over a five year period. Commissioner Winner moved to approve the agreement loaning $45,440 to the Chi Chi Rodriquez Youth Foundation to pay transportation impact fees for the Rodriquez Golf Club and appropriate funds for this loan from the undesignated, unreserved balance of the Special Development Fund and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #46 - Approve Waiver Application and Agreement for West Coast Sailing Center, Inc. and Penguin Palace Restaurant regarding operation of rental watercraft within a 40 foot wide corridor through the restricted area westward of the Penguin Palace Restaurant at 7 Rockaway St. (MR) On November 3, 1983, Ordinance #3259-83, created a restricted area excluding all watercraft and aircraft within 300 feet of the shoreline from the north jetty at the south end of Clearwater Beach Island northward to the center line of Somerset Street end. A waiver may be granted to permit operation of watercraft in certain areas within the restricted area. West Coast Sailing Center and Penguin Palace Restaurant have applied for a waiver to establish a marked corridor for rental of sail boards, aqua bikes, catamarans and a sunfish sailboat. The Harbormaster recommends approval. Concern was expressed in regard to developing corridors through the restrictive area and the City Manager was requested to develop separation requirements for consideration. It was indicated that building beyond the Coastal Construction Control Line also needs to be addressed in order to protect the integrity of the beach and the rights of the property owners. Concern was also expressed regarding the location of the portable building indicating the need to consider safety in regard to securing the building and equipment. Harry Cline, representing the Clearwater Beach Hotel, spoke in opposition indicating the zoning is inappropriate for this use and the building has no legitamcy to be in this location. He expressed concern that storing the boats on the beach at night would provide a congregation point. A citizen spoke in support of the application indicating this type activity helps the tourist industry and that Mr. Robinson has always followed City regulations. Mr. Cline requested, if the application is approved, to limit the facility to properly zoned areas and orient it to the north half of the property. Discussion ensued regarding the portable building and it was indicated the application doesn't address the building and it was questioned whether it is legally permitted. A question was raised regarding whether the building is located on private or public property. The Harbormaster indicated the applicant has been trying to find a location from which to operate and he needs the building to store small boats. Commissioner Regulski moved to approve a limited waiver to permit the operation of rental watercraft within a 40-foot wide corridor through the restricted area westward of the Penguin Palace Restaurant at 7 Rockaway Street subject to it being in total agreement with the existing rules and regulations of the land development code. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski and Nunamaker voted "aye." Commissioners Winner and Fitzgerald and Mayor Garvey voted "nay." Motion failed. Commissioner Winner moved to continue this item to the next regular meeting of November 2, 1989. The motion was duly seconded and carried unanimously. ITEM #47 - Approval of Contract between City and Florida State Lodge of the Fraternal Order of Police for Sergeants and Lieutenants October 1, 1988 through September 30, 1990, $202,916.00 (CM) After lengthy bargaining began in December, 1988, the City and the FOP reached tentative agreement on September 20, 1989. The FOP held a vote of the bargaining unit members and the members ratified the agreement. The most significant elements are as follows: (1) sick/injury leave accrual cap of 2,400 hours; (2) employees hired after December 15, 1986, are required to maintain their permanent residence within Pinellas County; (3) employees hired after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product on or off the job; (4) outside employment is limited to a maximum of 20 hours/week; (5) employees hired after July 1, 1987, are required to meet certain physical fitness standards and in the event they are found deficient, they must follow a rehabilitation program; (6) compensatory time, in lieu of overtime payment, shall be allowed up to a maximum of 56 hours; (7) overtime will be paid for hours in excess of 40 hour work week; (8) pay scale for October 1, 1988, consists of seven (7) steps for sergeants and six (6) steps for lieutenants and each officer will receive a 5 percent base increase and be placed on the nearest step; (9) each officer will receive a 4 percent increase October 1, 1989; (10) each officer rates satisfactory or above shall advance one step (4 percent) at the annual performance evaluation; and (11) the tuition refund program was increased to $1,000 per officer. It was noted the contract is retroactive to October 1, 1988. Commissioner Nunamaker moved to approve the requested contract and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #48 - (Continued from 10/6/89) - Award Contract to Enviropact, Inc. to remove old underground fuel tanks and install new tanks at the City-owned service station located at 49 Causeway Boulevard for the sum of $50,000.00 (MR) There are three 4,000 gallon tanks and one 3,000 gallon tank for fuel dispensing at the Clearwater Beach City-owned service station which are 20 years old. Due to State Regulations, these tanks in-service must be replaced prior to December 31, 1989. Enviropact, Inc. was the only bidder and must meet all bid specifications and have tanks removed by December 31, 1989. The Marine Department had budgeted $40,000 for this project. To make up the $10,000 funding shortfall, staff recommended raising the monthly payments required in the service station lease bid package by $200 per month to $2,200 per month. This would more than recover the $10,000 in a five-year period. With Commission direction, this amendment to the lease was added to the Marina's service station bid. Staff believes there is no longer an option to fill the tanks and abandon them because previous reports (August 1988) of gasoline product leakage associated with the dispensing units at the station create the strong possibility for residual fuel contaminated soils within the vicinity of the tanks. If so, the City will be required by DER to remove the existing tanks and back-fill the area with clean fill, or as an alternate, do soil borings and excavation work around the existing tanks to verify that the presence of gasoline contaminated soil is or is not present on the site. If the site is to be abandoned as a full service facility, DER procedures are more exhaustive to ensure that all potential for contamination is removed from the property and that water quality monitoring be implemented. When fuel tanks are to be replaced rather than abandoned, DER procedures to monitor the continuing fuel service activities are much less rigorous. The Commission has expressed concern over proceeding with fuel tank removal and replacement without knowledge of any significant private sector interest in leasing the property for a service station. Bids for the service station lease were opened earlier today. The City Manager reported one non-conforming bid to put in a convenience store with beer and wine and gas sales, had been received. He suggested, due to a lack of interest in a full service station, to abandon this concept, proceed with the removal of the tanks, and decide later the use of the property. He also indicated the City must meet the Department of Environment Regulations' (DER) deadline of December 31, 1989, in order to be eligible for clean-up funds. Discussion ensued in regard to whether or not the existing building on the site would hinder the removal of the tanks; and if it had to be removed, would it be less costly to do so at the same time the tanks are removed. Charles Hunsicker, Assistant City Manager, indicated the removal of the building is under the control of the DER if contamination is present under the building. It was reported that the tanks are on the east side of the property and their removal would not be hindered by the building. Removal of the building would have to go out for bid and it is critical that the tanks be removed by December 31, 1989 in order for the City to be eligible for clean-up funds if contamination is found. It was suggested that no decision be made regarding the building at this time as some of the Commission wants to review options for use of this property to still include a service station. The City Manager suggested approaching this issue on an emergency basis, informing the Commission immediately if any contamination is found. He requested the Commission amend the recommendation to approve award of contract for removal of the tanks. Discussion ensued regarding the cavity that will be left after removal of the tanks and soil, if contaminated, and it was indicated it would need to be filled in some manner. Commissioner Winner moved to authorize the City Manager to proceed with the removal of the tanks and contaminated soil, if any. Discussion ensued regarding the need to decide what to do with the cavity and how to assure the City is eligible for clean-up funds. It was indicated a plan regarding the removal of the tanks and soil clean up would need to be coordinated with DER. Consensus of the Commission was for staff to proceed to work with DER regarding this. It was stated there would be at least three weeks time for a decision to be made regarding the cavity. It was suggested to go forward with the tank removal, to receive public input regarding the use of this site with a decision regarding its use being made after the input was received. The motion was duly seconded and carried unanimously. One citizen spoke in opposition to a service station and presented a petition with 70 signatures requesting the service station be demolished to provide additional parking for the marina and a vista to the water. One citizen requested this property not be leased for commercial purposes and also asked that it be torn down. One citizen spoke in support of a gas station indicating the need to be able to obtain gas in the event of an approaching hurricane as the beach is an isolated area. She indicated other service stations at this location have failed due to poor management. Jay Keyes stated that he along with Bob Davis submitted the bid for the convenience store and indicated several service stations have failed at this location. Discussion continued in regard to the timeframe for filling the cavity left by the removal of the tanks and the desire to leave the option for use of this property open at this time. In response to a question, the Harbormaster indicated income received from the gas station averages $20,000 per year. The meeting recessed from 8:30 p.m. to 8:43 p.m. ITEM #49 - (Continued from 10/6/89) - Marina Slip Charges - Approve Marina Rate Structure effective 11-1-89 (MR) Staff has recommended rate increases for the municipal marina for all classes of customers to meet projected revenue requirements identified in the FY 1989-90 budget. Many comments and suggestions have been received from the Commission, Marina tenants and the general public. Staff has blended these suggestions and input into a revised rate recommendation which balances expenses with continuing expenditures. The recommendation is to raise the rates for private and commercial boats 3 percent, the Coast Guard Lease 33 percent, and the Admiral Cruise Lease 18.4 percent. It is also recommended to add a 15 percent non-resident surcharge for all classes and to change the transient rate to 70 cents per foot on a daily basis, 60 cents per foot on a weekly basis, and 50 cents per foot on a monthly basis. A memo from Assistant City Manager Charles Hunsicker, dated October 19, 1989, enumerates the recommended proof of residency procedures. A question was raised in regard to the monies generated from the increase in marina rates and it was indicated they go into an enterprise fund for present and future marina expenditures. Some of these expenditures include the maintenance of buoys and docks, help fund a marine patrol, and repairs to the Seminole boat launching facility. In response to a question regarding residency rates for corporations, it was indicated that one officer of the corporation would need to be a Clearwater resident in order to be eligible for these rates. It was noted that the non-resident surcharge is consistent with other facilities of the City. One citizen spoke in support of the increase. He felt current non-residents should be grandfathered; however, when the boat is sold or a slip vacated, Clearwater residents should be given priority. He complained regarding commercial boxes on the dock obstructing the view of his business and felt the space taken up by the boxes should be paid for. Another citizen stated the people already in the slips have been grandfathered in. Commissioner Regulski moved to ratify the City Manager's recommendation and approval of the Marina rate structure effective November 1, 1989, generating revenues necessary to support expenditures identified in the 1989-90 budget, as amended, including proof of residency procedures enumerated in memorandum from the Assistant City Manager/Operations dated October 19, 1989 and that appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #50 - Boundaries of the existing Enterprise Zone be changed to make them more consistent with the CRA boundaries and adopt Resolution 89-54 (ED) Enterprise Zone eligibility criteria are established by states and are geared toward economically needy sections of cities. Poverty levels, unemployment rates, and other indexes of economic decline are used to substantiate zone eligibility. States determine which sites will receive enterprise zone status through either competitive or noncompetitive processes. The designation or expansion of enterprise zones have a better chance of success when they are part of a comprehensive economic development program of a city. For this reason, the City has decided to place its Enterprise Zone under the aegis of the Clearwater Office of Economic Development. Zone boundary changes are therefore requested in order to make the boundaries more closely parallel CRA boundaries, and the benefits of less restrictive land development regulations will be expanded. Concern was expressed in regard to referencing densities as part of the item and it was indicated that zoning and land use plan issues would not apply. In response to a question, it was indicated the plan would be a start in building a foundation and would be geared to providing jobs in this zone. Commissioner Regulski moved to pass and adopt Resolution #89-54 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 #51 - Budget Advisory Committee - Approve staff recommendations for the reformulation and adopt the proposed mission statement and general rules of procedures for the committee (AS) The City Commission deems it desirable that there be a Citizens Budget Advisory Committee for the purpose of reviewing and making recommendations to the Commission with respect to the municipal budget. After discussions with City Commission members, staff has developed a Mission Statement which includes a Statement of Purpose, Goals, Procedures and Guidelines for Appointment of Committee Members, and a basic budget process calendar. Discussion ensued in regard to having a membership of ten and assigning specific categories to each member to make for a more specialized group. It was indicated five members would be more manageable and less of an impact on staff. Commissioner Fitzgerald moved to approve the appointment of five members and approve staff recommendations for the reformulation of the Budget Advisory Committee and adopting the proposed mission statement and general rules of procedures for the Committee. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Regulski, Fitzgerald, and Mayor Garvey voted "aye," Commissioner Nunamaker voted "nay." Motion carried. ITEM #51A - Addition and Alteration to Jack Russell Stadium (Bleachers) (89-26A) Award Contract to Southern Bleacher Company of Graham, Texas $475,000.00. AND ITEM #51B - Addition and Alteration to Jack Russell Stadium (Concession Stands, Clubhouses) (89-26B) Award Contract to Consolidated Building Concepts, Inc. $484,241.00 The costs for these two contracts exceed the earlier agreed upon budget amount by $360,000. The original budget was compiled prior to the Phillies organizations' architect's estimates being completed and did not include several items that were added by the Phillies after the original cost estimates were developed. Two possible funding sources were agreed upon. Option 1 extends the spring training relationship for three years until the year 2005 with the understanding the Phillies could "buy out" of the contract in 2002 for $400,000. Or, the relationship will continue until 2005 with no payment to the City. Option 2, which is staff's recommendation, would require the City to loan the $360,000 for the improvements for which the City would be repaid in installments of $40,000 per year from the Phillies for 10 years beginning in 1990. The $400,000 repayment over 10 years does not reflect the true cost of borrowing money. However, it is should be noted all improvements that are being made are for City owned facilities and are not the property of the Phillies. Concern was expressed in regard to the City becoming a lending institution for profit making organizations. It was indicated that in the original agreement with the Phillies dated August 3, 1989, the City's obligation was limited to $800,000 to provide improvements. Concern was also expressed in regard to negotiating a contract if it is not binding. Discussion ensued regarding the Phillies being a major contribution to the City. It was indicated the competitiveness in this field needs to be considered as the Phillies are a popular item to the community. Michael Wright, Assistant City Manager, indicated the problem with the design of the bleachers and certain add-ons were not anticipated. He indicated William Giles, President of the Phillies, recognizes the fact that the City should not be responsible for this increase and is requesting the City grant a loan. Mr. Wright noted the contract is contingent upon the improvements being done in a timely fashion. Discussion ensued regarding the need to look beyond the expiration date of the present contract making future extensions easier. It was questioned whether or not some of the costs for improvements could be trimmed to stay in line with the $800,000. Discussion ensued in regard to funding the additional improvements and it was requested that Mr. Wright negotiate other alternatives with Mr. Giles. A special meeting was scheduled for October 23, 1989 at 6:00 p.m. in the Commission Chambers. Commissioner Regulski moved to continue this item to the special meeting of October 23, 1989. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #52 - Ordinance 4886-89 - Relating to fire alarms and security alarms, amending and renumbering Sections 94.01 through 94.07, Code of Ordinances, and creating Articles I and II within Chapter 94, including new Sections 94.07 through 94.16 Commissioner Winner moved to continue this item to the meeting of January 4, 1990. The motion was duly seconded and carried unanimously. XIII - Other City Attorney Items ITEM #53 - Authorization for settlement - Hadley-Dickson v. City The claimed injury occurred on a Friday night, April 25, 1986, as two C.P.D. officers were enroute to a fight with weapons in progress at a bar on Gulf-to-Bay Boulevard. Both officers were traveling eastbound with their full emergency equipment activated. Being unable to stop in time, the officer's cruiser struck the civilian vehicle. The plaintiff consulted a chiropractor who has concluded she is suffering from a herniated disc. She was examined by a number of doctors who have found no permanent injury. A psychiatrist who examined her has indicated she has been seen by so many doctors she is convinced something must be wrong with her. The probability of a jury understanding the difference between the qualifications and conclusions of the doctors is remote. The plaintiff has agreed to accept $12,501 in complete settlement of the case. Commissioner Winner moved to authorize the settlement in this case. The motion was duly seconded and carried unanimously. XIV City Manager Verbal Reports The City Manager requested the Commission consider changing the January 15, 1990 Work Session to January 16, 1990 due to the Martin Luther King Parade. Consensus was to change the date. The City Manager announced that the Clearwater Pass Bridge would open on Saturday, October 21, 1989, at 8:00 a.m. XV Other Commission Action ITEM #54 - Consideration of Salary Adjustment for City Attorney Discussion ensued regarding the amount of salary increase to grant the City Attorney. Commissioner Winner moved to approve a salary adjustment of 5 percent for the City Attorney. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker and Mayor Garvey voted "aye." Commissioners Regulski and Fitzgerald voted "nay." Motion carried. Mayor Garvey announced that Jazz Holiday has begun and will continue through the weekend. Commissioner Nunamaker stated the City Hall Annex cost of operation is excessive and it needs to be reviewed. Commissioner Regulski expressed concern that conditions on site plans are not being met. He requested recognition of Skycrest Baptist Church teens who went to South Carolina to assist in the clean-up from Hurricane Hugo. XVI Adjournment The meeting adjourned at 10:25 P.M.