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03/01/1990 CITY COMMISSION MEETING March 1, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 1, 1990 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. The invocation was offered by Father John Cippel, St. Cecelia's Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards. Citations of Appreciation were awarded to Otto Gans for service on the Development Code Adjustment Board and Richard Green for service on the Planning and Zoning Board. Proclamations. Arbor Day - March 31, 1990. V - Presentations. Terry Schmidt, Parks and Recreation, discussed the Fun N' Sun's schedule of events and reviewed plans for Clearwater's 75th Anniversary Celebration to be held in conjunction with this festival. It was noted that anyone interested in assisting with these events should contact the Parks and Recreation Department or the Fun N' Sun Committee. The Mayor extended the Commission's thanks for Mr. Schmidt's efforts in helping to coordinate these events. VI - Minutes of the Regular Meeting of February 15, l990. Commissioner Regulski moved to approve the minutes of the regular meeting of February 15, 1990, 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 - None. VIII - PUBLIC HEARINGS ITEM #9 - (Continued from 2/15/90) Public Hearing & First Reading - Public Hearing & First Reading Ordinances #4931-90, #4932-90 & #4933-90 -Annexing, RS-8 Zoning and a Land Use Plan Designation of Low Density Residential for a lot located at 3037 Virginia Ave., Bay View City Subdivision, Blk 2, Lot 4 (Community Homes LUP 89-18, A 89-23)(PLD) Annexation is being requested to obtain City sewer service. This property is contiguous to existing City limits, but within an existing enclave. If annexed with the abutting alley, a smaller enclave will be created. The right-of-way for the south half of Virginia Avenue is platted 30 feet. No right-of-way has been dedicated for the north half of Virginia Avenue. The street is not built to City standards and ends about the center of the subject lot. At present, the driveway to the residence on Lot 5 encroaches on Lot 4. Virginia Avenue will have to be extended approximately 50 feet and the driveway for Lot 5 relocated to correct the existing encroachment. The proposed use of the property is a single family residence and is compatible with the surrounding uses in the area. Richard Zalewski, representing Community Homes, indicated there would be no fill to raise the existing grade of the property, rather a stem wall will be used to raise the floor of the home to the required elevation. Five citizens spoke in regard to this item inquiring when drainage and maintenance problems on Virginia Street would be addressed and requesting the property not be annexed. Commissioner Nunamaker moved to approve the annexation, zoning and land use plan on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4931-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4931-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4932-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4932-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4933-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4933-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Two Variances to the Separation Distance Requirements for Sale of Alcoholic Beverages (package sales) for "George's Amoco" located at 1755 Gulf-to-Bay Blvd., Suburb Beautiful Addition to Clearwater, Lots 3 & 4 (AB 90-01)(PLD) The Planning and Zoning Board approved a conditional use to allow package sales of beer and wine subject to the condition the applicant provide landscaping along Phoenix Avenue and Gulf-to-Bay Boulevard to enhance the general appearance of the community. The applicant feels the request should be granted for the following reasons: 1) there has been a history of beer/wine sales from this location; 2) virtually every other service station on Gulf-to-Bay Boulevard sells alcoholic beverages and the owner would be in an adverse competitive position if unable to offer the same; and 3) there is no detrimental impact as alcoholic beverages were sold by the previous owner at the same location. Attorney Dick Bennison, representing the applicant, indicated the applicant had planned to purchase the license with the establishment; however, when the previous owner retired, he cancelled the license. He indicated the operation would be a full service station and he felt a hardship would be imposed on the applicant if he could not compete with other stations selling alcoholic beverages in the area. It was noted the variance from the residential zone is not necessary as there are no doors or windows in the building on that side. In response to a question, Keith Crawford, Traffic Engineer, indicated he was not aware of any traffic problems in that particular area. Commissioner Regulski moved to approve a variance of 99.9 feet to allow package sales of beer and wine within 100.1 feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #11 - 10-Year Vision Cable Evaluation (PIO) On February 21, 1980, the Commission adopted Ordinance #2084 giving Vision Cable of Pinellas, Inc. the authority to construct and operate a cable television system in Clearwater. In accordance with that ordinance, ten years after its adoption, the City is required to hold a public hearing on the company's performance. The City Manager indicated the City has not been overburdened with complaints. James Waldo, General Manager, reported that Vision Cable has approximately 28,000 subscribers in the City of Clearwater. He indicated Vision Cable has donated over $35,000 in equipment to the City for in-house video production. A new site plan has been approved for an expansion on Drew Street. Three citizens expressed concerns regarding quality and services being offered, inadequate coverage of sports programming especially hockey and timeliness of getting an item of local interest on the air. It was indicated a number of services mentioned in the original contract were not being provided; i.e., two-way communication, two trunk lines for a potential of 86 channels. It was suggested a Citizens Advisory Committee be established to monitor complaints and other input. Concern was expressed regarding service problems on Island Estates. Concern was expressed regarding local programming not being strong and it was indicated the Public Information Officer is working on setting up local programming on a monthly basis. It was indicated there is an interest in promoting the City and Vision Cable has been responsive in this regard. A request was also made that a camera to monitor activity on the beach be given another try. Discussion ensued in regard to the public service channel and it was indicated this channel's coverage includes 40 percent public affairs, 40 percent local sports and 20 percent entertainment. A question was also raised regarding connecting schools with local government. Attorney Timothy Johnson, representing Vision Cable, felt that Vision Cable had a great system and indicated the complaints received would be investigated. He indicated public access time takes approximately one week to schedule; if someone has a tape ready for broadcasting and is willing to pay for the time, it can be put on the air more quickly. He indicated Vision Cable is not aware of particular service problems on Island Estates but will investigate. Vision Cable is negotiating with the Sports Channel but has not come to an agreement. Discussion ensued in regard to whose responsibility it is to monitor complaints, and it was indicated the City is not set up for this. The franchise provides for furnishing a complaint list and it was indicated the Public Information Officer could periodically review the list of complaints. In response to a question, it was indicated the contract expires March 1995. ITEM #12 - Public Hearing & First Reading Ordinance #4959-90 - Allowing television and radio broadcast stations as permitted uses in Commercial Center (CC) zoning district. (LDCA 90-01)(PLD) A request was made to process an amendment to the Land Development Code that would allow television and radio broadcast studios to be located in Commercial Center zones as permitted uses. A similar amendment was passed by the Commission earlier this year when television and radio broadcast studios were allowed in General Office zones as permitted uses. In response to a question, it was indicated dishes and antennas are not allowed in Commercial Center zones. Discussion ensued regarding allowing the stations and prohibiting dishes and antennas. The City Attorney indicated, if that is the intent, the ordinance should be amended to add the verbiage "prohibiting dishes and antennas." Consensus to amend at second reading. Commissioner Regulski moved to approve the amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4959-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4959-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #13 - Ordinance #4912-90 - Relating to flood protection, Sections 146.004, 146.007, 146.008 and 146.10 The City Attorney presented Ordinance #4912-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4912-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - Ordinance #4934-90 - Amending land use plan designation from None to Low Density Residential, Section 13-29-15, M&B 33.07. (Dickinson LUP 89-19) The City Attorney presented Ordinance #4934-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4934-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #15 - Ordinance #4935-90 - Zoning property as Low Density Residential, (RS-4) Section 13-29-15, M&B 33.07 (Dickinson A 89-24) The City Attorney presented Ordinance #4935-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4935-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #16 - Ordinance #4936-90 - Annexing property on W side of Regent Avenue at its intersection with Magnolia Drive, Section 13-29-15, M&B 33.07 (Dickinson A 89-24) The City Attorney presented Ordinance #4936-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4936-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #17 - Ordinance #4937-90 - Amending land use plan designation from None to Public/Semi-Public, Section 21-28-16, part of M&B 23.11. (Hardy/Wee Care LUP 89-20) It was reported the applicant requests continuance of this ordinance. Commissioner Winner moved to continue Ordinance #4937-90 to March 15, 1990. The motion was duly seconded and carried unanimously. ITEM #18 - Ordinance #4938-90 - Zoning property as Public/Semi-Public, Section 21-28-16, part of M&B 23.11. (P/SP)(Hardy/Wee Care A 89-25) AND ITEM #19 - Ordinance #4939-90 - Annexing property located on W side of McMullen-Booth Rd., approximately 450 feet N of the City of Clearwater Soccer Field, Section 21-28-16, part of M&B 23.11 (Hardy/Wee Care A 89-25) Commissioner Fitzgerald moved to continue Ordinances #4938-90 and #4939-90 to March 15, 1990. The motion was duly seconded and carried unanimously. ITEM #20 - Ordinance #4943-90 - Vacating drainage easements in and adjacent to Pinellas Groves Subdivision, Lots 7 & 8 (C. A. Johnson Properties V 89-22) The Public Works director indicated the required replacement easement has not been obtained. Commissioner Nunamaker moved to continue Ordinance #4943-90 to March 15, 1990. The motion was duly seconded carried unanimously. ITEM #21 - Ordinance #4945-90 - Amending various sections of Chapter 50 to establish provisions for detector check values and backflow prevention devices. The City Attorney presented Ordinance #4945-90 for second reading and read it by title only. Concerns were expressed regarding the need for a proposed amendment that would allow non-fire related consumption of water through a fire line if approved by the Water Division. It was indicated there is a need for a continuous supply of water in small amounts to cool a motor that is part of a fire protection system which will not overload the detector check valve. Commissioner Regulski moved to amend Ordinance #4945-90 on Page 2 by deleting Section 2 and substituting revised Section 2 as follows: "Sec. 52.14. Special fire protection service. City water service for special fire protection systems, including but not limited to hydrants, wall hydrants, standpipes, fire pumps and sprinkler systems, on private property shall will be made available by the water division and charged for at cost of material and labor. A detector check valve with bypass meter or double detector check valve with bypass meter shall be required for any internal fire protection line. The type of check valve required shall be determined by the water division. Required detector check valves shall be owned, installed, operated and maintained by the city and shall be subject to the installation and standby charges for such facilities as provided in Section 50.05. The customer shall at all reasonable times permit access by the city water division for the installation, inspection, operation and maintenance of any detector check valve required by this article, if installed on privately owned property, as a condition of receiving water service from the city. This service shall be used for fire protection only and no continual use or connection other than fire hose or sprinklers shall will be allowed on this service, except when approved by the water division. Fire protection This service shall will be made available subject to the approval by the water division superintendent of the plans and specifications for, and the installation and any subsequent alteration of, the system. All valves on hose connections shall will be sealed. Valves may will be opened only for testing, or and in case of fire within the building. The water division superintendent shall be immediately notified when seals are broken. Failure to give immediate notice of broken seals shall will be cause for discontinuance of the service, and a meter shall be installed at the property owner's expense before such service may will be resumed. The city shall maintain fire hydrants and water lines located in easements granted to and accepted by the city; all others shall be maintained by the property owner. The city shall will not be responsible for any damage on account of failure of water supply. Any consumption shown on a bypass meter shall will be billed at the applicable domestic rate." The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to pass and adopt Ordinance #4945-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #22 - Ordinance #4952-90 - First Quarter Amendment to 1989-90 Operating Budget. The City Attorney presented Ordinance #4952-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4952-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #23 - Ordinance #4953-90 - First t Quarter Amendment to 1989-90 Capital Improvement Budget. The City Attorney presented Ordinance #4953-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4953-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #24 - Ordinance #4954-90 - Establishing new wastewater impact fees of $900.00 per equivalent living unit for all new sanitary sewer system accounts, and all existing accounts where changes in use of property cause increase in sewer service demand. The City Attorney presented Ordinance #4954-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4954-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #25 - Ordinance #4955-90 - Increasing water impact fee from $350.00 to $480.00 per equivalent living unit for all new water system accounts and all existing accounts where changes of use of property cause increase in water service demand. The City Attorney presented Ordinance #4955-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4955-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #26 - Ordinance #4958-90 - Requiring a traffic impact study for certain developments within the City (LDCA 90-02) The City Attorney presented Ordinance #4958-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4958-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #27-37) - Approved as submitted less Items #30 & #36. Bids & Contracts - Awarded less Item #30. ITEM #27 - Contract to Purchase Unisys and other computer hardware from Quickware, Inc., Clearwater, FL for $108,003.00 and authorize the five year lease/purchase through AT&T Credit Corp.; and purchase appropriate software from Sunware Services, Inc., Clearwater, FL for $14,823.00 (AS) ITEM #28 - Purchase one (1) Pipe Pusher/Puller Compact Hydraulic Power Unit with miscellaneous accessories from Baker Equipment Engineering Company, Tampa, FL for $13,096.19 (PW) ITEM #29 - Contract for Pierce St. and Ft. Harrison Ave. Intersection Improvement (89-16) to Golden Triangle Asphalt Paving Company for $44,470.50 (PW) ITEM #30 - See Page 11. ITEM #31 - Contract for Montclair Park and McKay Park Parking Lots to Howard Brothers Excavating, Inc., Palm Harbor, FL for $33,968.25; and approve the transfer of $9,657.50 from CIP Code 3229, Recreation Parking Lot Resurfacing to CIP Code 3225, Montclair Parking Lot (PW) ITEM #32 - Contract for Druid Road Bridge Replacement at Morton Plant (89-23) to Suncoast Excavating, Inc., of Ozona, Florida for $103,440.00 (PW) Citizens & Staff Requests - Approved. ITEM #33 - Chamber of Commerce request to change the due date of their annual loan repayment from November 15 to the following June 30 (AS) ITEM #34 - Review of Building Plans, Site Plans, Changes of Use, and Analysis of Associated Traffic Impacts - allow staff review and approve issuance of building permits for the following developments: 1) Pinellas County Air Quality Control, 580 Court Street, use change from restaurant/lounge to government office, 6,096 sq ft existing, 367 sq ft addition; 2) Law Office, 2790 Sunset Point Road, new 2,614 sq ft building; 3) A.C.L.F., 1706 N. Highland Avenue, 2 bedroom addition; 4) Belcher-Sunset Center, 1875 N. Belcher Road, 844 sq ft use change from general office to drive-in bank; and 5) Quest Inn, 509 N. Fort Harrison Avenue, 578 sq ft addition. (PLD) Change Orders - Approved. ITEM #35 - C.O.#2 to the Northeast Advanced Pollution Control Facility Contract, increasing $11,363.00 for a total cost of $18,643,471.00 (PW) Receipt & Referral. ITEM #36 - See Page 11. CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #37 - 10 feet water main easement - M&B 34.031, Section 23-29-15 (Northlake/Belle Plaza, J.V.) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item #30 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Winner moved to amend the motion to also exclude Item #36. The motion was duly seconded and carried unanimously. The meeting recessed from 8:15 p.m. to 8:30 p.m. ITEM #30 - Contract for Water Main Replacement - Phase V (87-31) to C.P. Ward, Inc., Largo, FL for $524,976.25 (PW) This contract is for the construction of Phase V of the water main replacement project under the Utility Bond Issue. The proposed area of replacement in this phase is an area bounded by Douglas Avenue, Union Street, Highland Avenue and Sunset Point Road. The purpose of this contract is the replacement of all 2-inch galvanized water mains within the project area and the upgrading of main sizes to provide improved fire protection as needed. Water main replacement in this contract complies with the recommendations of the Water System Analysis prepared by Briley, Wild & Associates. The Public Works Director indicated this has been an ongoing project for a number of years to address the complaints regarding water quality in older sections of town. He indicated there are approximately ten more phases and the replacement will help to increase fire protection. Commissioner Regulski moved to award the contract to C.P. Ward, Inc., and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #36 - Annexation, CH Zoning and a Land Use Plan Amendment to Commercial/Tourist Facilities for a parcel located on the E Side of Coachman Plaza, approximately 930 feet N of S.R. 590, M&B 33.03, Section 5-29-16 (Merritt A 90-02, LUP 90-02)(PLD) The annexation is being requested to receive City sewer service. A vehicle service facility, which is a conditional use in the City's CH zoning district, is proposed for the currently vacant parcel. The representative is requesting a letter of service from the City to Pinellas County which would permit him to start construction under County jurisdiction prior to the finalization of the annexation, zoning and land use plan amendment. If the parcel is developed under County jurisdiction in conformance with the plan, the development will not meet City requirements. There will be insufficient front yard and parking area landscaped open space, a nonconforming south side setback and insufficient parking. Concern was expressed in the property not being developed in accordance with the City's Land Development Code. The Planning & Development Director indicated it has been policy, when an annexation request is received within the City's sewer service area, a letter is provided allowing the applicant to proceed with development prior to the finalization of annexation, zoning and land use plan amendment. It was indicated the petition for annexation could specify that the property will be developed in accordance with City standards. Assistant City Manager Michael Wright indicated several proposed developments have come through requesting sewer service before being annexed. He indicated the need for an administrative agreement with the County stating the City has the right to review the site plan before the property is developed. Commissioner Regulski moved to accept the petition on the condition the applicant improve the property in accordance with City code and no letter regarding availability of sewer service be issued until staff approves the site plan or it is brought back to the City Commission for approval. The motion was duly seconded and carried unanimously. It was consensus the policy be established that annexing properties be required to develop under City code. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Agreement with Fun n' Sun Festival, Inc. for planning and coordination of the Festival to be held in conjunction with the City's 75th Anniversary celebration at a cost of $55,675.00 (P&R) The agreement is identical to the one executed for last year's Fun N' Sun Festival with the exception that the City's contribution for 1990 will be $55,675 an increase of $21,000 over last year. This increase, recently approved by the Commission, will be a one time donation to help fund the City's 75th Anniversary which will be celebrated in conjunction with this year's festival. Commissioner Regulski moved to approve the agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #39 - Proposed Agreement with Clearwater Jaycees to install Bus Benches on City Rights-of-Way (CM) The existing agreement with the Clearwater Jaycees to allow placement of bus benches with advertising on the City's rights-of-way at Pinellas Suncoast Transit Authority (PSTA) stops expires on March 2, 1990. Because of a 1988 change in the Land Development Code, the benches are a non-conforming use. A change in the Code is necessary to allow the benches with advertising to remain in place or to be located on the rights-of-way in other areas of the City. The proposed agreement between the City, the Clearwater Jaycees and Metropolitan Systems is to install the benches. If the Commission desires to allow continued placement of these benches on the rights-of-way, it will be necessary to first prepare a Land Development Code amendment and then to adopt a new agreement with the Jaycees and Metropolitan Systems if the Land Development Code provisions are passed through the public hearing process. The City Manager indicated the Pinellas Suncoast Transit Authority (PSTA) had selected thirty-one sites that were in need of benches. He said the average cost of the benches was approximately $100. Larry Cumm, representing Clearwater Jaycees, indicated the PSTA would participate in the selection of benches and notify the Jaycees of what benches were in need of repair. In response to a question, it was indicated $500 per month is received by the Jaycees from the benches. Mr. Cumm indicated 25 percent of the benches are used for community advertising at no charge. Boyd Crisler, representing Bench Mark Advertising, Inc., presented a proposal implementing a new system which would provide fiberglass benches, an income stream paid directly to the City, maintenance of a 5-foot radius around each bench, benches to be placed only at recognized bus stops, and donation of the benches to the City when the contract expires. In response to questions, it was indicated the benches would be weighted with sand, the backboard would be plywood and aluminum, and Bench Mark Advertising would hold the necessary liability insurance. Discussion ensued in regard to the length of the contract with Bench Mark Advertising and it was indicated they would like to realize a reasonable rate of return. One citizen indicated he was not opposed to properly placed and well maintained benches; however, he was in opposition to large graphic advertising on the benches. In response to a question, it was indicated only 15 percent of the benches would have advertising and this advertising provided the funds needed for the Jaycees. Discussion ensued in regard to the actual number of benches. Concern was expressed that the benches have not been properly maintained and have been geared toward advertising. It was indicated that private individuals were responsible for these benches not the Jaycees. Discussion ensued in regard to whether or not advertising should be allowed on the benches. It was indicated the PSTA has benches in stock and is prepared to install them without advertising. It was also indicated the City maintains benches throughout the City. Commissioner Regulski moved not to amend the Land Development Code to allow advertising on the City's rights-of-way. The motion was duly seconded and carried unanimously. No action was taken on the contract with the Jaycees. ITEM #40 - Greater Clearwater Strategic Transportation Plan (CM) Approximately four years ago, the concept of providing improved east-west access to improve the economic health of the downtown was conceived through the creation of a Special Transportation Task Force of the Chamber of Commerce. Additional impetus to this effort occurred during the 1989 State legislative session. At the recommendation of the Clearwater Chamber's Transportation Committee, a $50,000 appropriation to conduct a study was secured in this session to develop the plan. The purpose of the study was to consider methods to improve traffic flow to maximize the economic benefit to Downtown Clearwater and surrounding areas. The major tasks include a public involvement element, an inventory of existing conditions, an estimate of future conditions, development of alternative corridor concepts to help mitigate future transportation deficiencies, a summary of these alternative corridors and an analysis of additional study and considerations. A draft plan was completed in January by Tampa Bay Engineering, Inc. and the Planning Manager-Tampa District Office, FDOT, requested the City review and comment on the plan prior to publication of the final document. The Chamber of Commerce Transportation Committee has also studied this draft and has transmitted comments to the Commission. Pete Woodham, representing the Chamber, indicated that lack of access to downtown has deterred builders and developers. He indicated downtown development brings revenue to the City and he felt a direct traffic route to downtown was needed. Concentration should be placed on Drew Street and he suggested diverting the one-cent sales tax from Druid Road to Drew Street. He suggested a six-lane divided road from Osceola Avenue to McMullen-Booth Road. He said Druid Road should not be ignored and some funds should be used for intersection improvements. Discussion ensued in regard to a four-lane divided road and how much right-of-way is available on Drew Street. It was indicated in order to achieve an improvement that will last into the future, additional rights-of-way need to be obtained. Discussion ensued in regard to rights-of-way acquisition for alternative corridors. It was indicated that allowing left hand turns only at intersections and eliminating some driveway cuts might help increase the traffic flow. The Public Works Director indicated the need to focus on Drew Street but he did not think a six-lane divided road was warranted. It was indicated there is a need to see the direction the City wants to take, what the 2010 projection for Gulf-to-Bay Boulevard and Drew Street should be and then to consider cost. In response to a question, it was indicated an in-house capacity analysis could be done of Drew Street as a four-lane divided road. It was also indicated that the widening of Sunset Point Road is in the County plan. Consensus was to send a letter expressing dissatisfaction with the study, requesting Drew Street be given first consideration for improvements and that it be moved into the short range projects. Commission recessed from 10:25 p.m. to 10:35 p.m. ITEM #41 - Release of Protective Covenants of the Clearwater Industrial Park (CM) When the City established the Clearwater Industrial Park in 1957, it included a number of protective covenants in the deed. The covenants included the right of the City that, "If after construction on a portion of said premises, a Grantee or successor Grantee elects to sell all or a portion of the remaining unimproved premises owned by it, Grantor (the City) shall have a similar option to repurchase said unimproved portion by paying therefor the pro-rate part of the original purchase price." Raybro Electric is seeking to sell the east 154 feet of the west 440 feet of Lot 11 to Bobby Capel of NCA Systems, Inc. Mr Capel wishes to purchase the property and construct a building to be used as a light assembly facility for the electronics industry. The land is currently vacant. It was also indicated Commission approval for proceeding with replatting is also needed. Commissioner Regulski moved to approve the release of the protective covenant regarding the City's option to repurchase for the east 154 feet of the west 440 feet of Lot 11 of Clearwater Industrial Park and authorized proceeding with replatting. The motion was duly seconded and carried unanimously. ITEM #42 - First Reading Ordinance #4944-90 - Increasing the service fee for returned checks Section 41.18 (AS) In the 1989 session, the Florida State Legislature enacted legislation that allows municipalities to charge up to $15.00 or five percent of the face value, whichever is greater, of any dishonored check. In order to coordinate the City service fee with the state legislation, the ordinance revision has been prepared. The City Attorney presented Ordinance #4944-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4944-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #43 - Resolution #90-06 - Dealing with the powers of the Metropolitan Planning Organization Legislative Bill. The Pinellas County Legislative Delegation has proposed a bill giving the Metropolitan Planning Organization of Pinellas County authority to review median cuts and traffic signal placements on county roads within City limits. The City is currently responsible for the final decision. The delegation accepted the bill from the Metropolitan Planning Organization and requests formal input from City Commissioners if they oppose the language in the proposed bill. Commissioner Regulski moved to amend Section 1 by adding the words "and comment" after the words "The City Commission does support the concept of review." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Resolution 90-06 as amended and that the appropriate officials be authorized to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #44 - Airpark Authority - 1 appointment (CLK) Commissioner Fitzgerald moved to appoint Walter J. Powell as Clearwater Chamber of Commerce representative. The motion was duly seconded and carried unanimously. ITEM #45 - Community Relations Board - 1 appointment (CLK) Commissioner Regulski moved to continue this appointment. The motion was duly seconded and carried unanimously. ITEM #46 - Development Code Adjustment Board - 2 appointments (CLK) Commissioner Winner moved to appoint Alex Plisko. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to reappoint John Homer. The motion was duly seconded and carried unanimously. ITEM #47 - North Greenwood Design Review Committee - 2 appointments (CLK) Commissioner Regulski moved to appoint Leon Russell as At-Large Alternate for a term of one year and Thomas Hinson as Owner/Merchant for a term of one year. The motion was duly seconded and carried unanimously. ITEM #48 - Planning & Zoning Board - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Otto Gans. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions ITEM #49 - Resolution #90-05 - Assessing property owners the costs of mowing or clearing owners' lots. Commissioner Regulski moved to pass and adopt Resolution #90-05 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. XIII - Other City Attorney Items ITEM #50 - Authorization for Settlement - Margaret Love v. City. On January 19,1990, a notice of claim was served on the City by Margaret Love claiming she fell on a City sidewalk located on the west side of Gulf Boulevard, about one-third of the way toward the bridge from the toll booth. She claims the sidewalk was over two inches higher than the adjoining concrete slab. She claims loss of wages and injuries. Mrs. Love's attorney has filed a demand to settle the case, pursuant to Florida Statutes, in the amount of $11,249.00. The claims committee recommends settlement of the case. Commissioner Regulski moved to authorize the settlement of $11,249.00 and that the appropriate officials be authorized to execute same. The motion was duly seconded and, upon the vote being taken, Commissioners Winner and Regulski and Mayor Garvey voted "Aye." Commissioners Fitzgerald and Nunamaker voted "Nay". Motion carried. XIV - City Manager Verbal Reports The City Manager reported no bids were received for the Airpark FBO contract. He indicated staff will review the bid documents to see if any modifications may be necessary to generate interest. The time frame for the present lease has been extended to April 30, 1990. He reported the Requests for Proposals (RFP) for the Gas Division will be sent out within two weeks. XV - Other Commission Action Commissioner Nunamaker requested the City Attorney investigate ways to discourage the feeding of pigeons. Commissioner Winner requested a more definitive stand be taken at the next work session regarding the Countywide Drug Task Force. He extended Happy Birthday wishes to Commissioner Nunamaker. Commissioner Regulski questioned whether the Commission wanted to take a position regarding the additional gas tax for road improvements. Consensus was to have a resolution showing general support prepared for the next meeting. Commissioner Fitzgerald reported a solution may have been found to resolve the question of allowing the purchase by low-income families of confiscated or impounded bicycles. XVI - Adjournment The meeting adjourned at 10:59 P.M.