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06/21/1990 CITY COMMISSION MEETING June 21, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 21, 1990, at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield 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 Reverend Ronald Workman of the Trinity Baptist 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 - None. IV - Introductions and Awards Proclamation: Parks and Recreation Month - July, 1990. V - Presentation Hurricane Preparedness - Val Mahan - Resolution #90-31 - Authorizing the execution of the Public Works mutual aid agreement regarding emergency and disaster conditions. Val Mahan of the Public Works Department reported on the City's hurricane preparedness program listing its five basic responsibilities: (1) education of the public; (2) evacuation and re-entry; (3) security and enforcement; (4) recovery; and (5) coordination of all agencies. Disaster conditions caused by hurricanes and other related events, such as tornadoes, frequently cause profound levels of damage to a locality's infrastructure. Damage to the roads, bridges, utility systems, public buildings and other facilities often exceeds and overwhelms the impacted community's capability to restore those systems rapidly. Massive amounts of assistance from outside the community is needed to clear roads, do emergency repairs, and supply additional personnel and equipment for augmentation of the Public Works function. No community, including Clearwater, has the ability to respond to major disaster conditions without this assistance. In the past, the conditions under which external assistance for Public Works was requested and granted were not spelled out in advance of emergencies. Such key concerns as support of responding personnel, payment for services rendered, insurance and indemnification, supervision and control, and related problems had to be worked out on an ad hoc basis for each specific disaster event. This "wait till it happens" policy resulted in delays for development of the agreement, confusion, and unreimbursed expense to the responding party. In some cases, local governments have been unwilling to furnish Public Works assistance because the terms of rendering such assistance were not clear. Recognizing those problems, the Florida Chapter of the American Public Work Association (APWA) has developed a standardized Public Works Mutual Aid Agreement. A resolution authorizing execution of the mutual aid agreement and evidence of insurance coverage is required for the City to enter into the mutual aid agreement. Once executed, the Public Works Mutual Aid Agreement will be retained on file with the State Division of Emergency Preparedness. That agency will inform all participants of those willing to provide aid under the agreement. The City Attorney presented Resolution #90-31 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-31 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. VI - Minutes of the Regular Meeting of June 7, 1990 Commissioner Regulski moved to approve the minutes of the regular meeting of June 7, 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. Ray Fagan spoke regarding the need to resolve water conservation problems in Clearwater. He asked what action is to be taken regarding the alleged verbal attack on him at the meeting of May 17th. Madeline Seus inquired how the Stevenson Creek project would be affected by the Department of Environmental Regulation's intent to issue a permit being challenged. The City Manager reported on the history of this project and stated the hearing date for the challenge to the permit has not been set. Ms. Seus requested notification of any upcoming meetings regarding Stevenson's Creek. Jack Russell requested clarification of the Commission's policy #CC-31 regarding enclosures in residential planned development (RPD) projects. He indicated each property is unique and should be considered individually. It was indicated this issue would need to be considered by the City Commission. VIII - PUBLIC HEARINGS ITEM # 9 - (Cont. from 6/7/90) Appeal of City Manager's decision to uphold the denial of an occupational license to Mr. Terence Quinn for marketing of timeshares (CM) The City Clerk received a call this afternoon from the applicant withdrawing this item. No action was taken. ITEM #10 - Public Hearing & First Reading Ordinances #4997-90, #4998-90 & #4999-90 - Annexation, RS-4 Zoning and a Land Use Plan Amendment to Low Density Residential for a Lot (.25 acre) located at 1239 Keene Road South, Meadow Creek Sub., Blk C, Lot 17 (DiFrancesco/Millett A90-9, LUP90-11)(PLD) The property is developed with a single family residence. The owner is requesting annexation to obtain City sewer service. The Public Works Department recommends the abutting right-of-way for Beverly Circle North be annexed along with the applicant's property. Commissioner Regulski moved to approve the request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4997-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4997-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4998-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4998-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4999-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4999-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Item #11- Public Hearing & First Reading Ordinances #5000-90 & #5001-90 - Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for a Lot (.28 acre) located at the SW corner of Drew St. and Maywood Ave., Eastwood Terrace Sub., Blk A, Lot 1 (First Christian Church LUP90-10, Z90-3)(PLD) The City Commission approved Ordinance #4701-88, #4702-88 and #4703-88 at its meeting of June 15, 1989. These ordinances annexed, amended the Land Use Plan designation to Public/Semi-Public and zoned the property Public/Semi-Public. The ordinance amending the land use plan (#4702-88) and the ordinance zoning (#4703-88) the properties were contingent upon approval by the Board of County Commissioners (County Planning Authority). The original actions and ordinances included M&B 22.02, Sec. 18-29-16, which is developed as a parking lot immediately west of the existing church. The subject .28 parcel is a vacant platted lot in a single family subdivision on the east side of the existing church facility. At its meeting of August 16, 1989, the Countywide Planning Authority recommended approval of the westernmost parcel and denied the requested amendments on the platted lot. The City initially made a request for an administrative hearing, which was later withdrawn. At a work session on January 29, 1990, the City Commission with the approval of the property owner decided to accept the recommendation of the Pinellas Planning Council to approve the land use plan amendment to Public/Semi-Public and P/SP zoning for the westernmost parcel (#1) and denial for the single lot (Parcel #2). The County Planning Authority subsequently approved the Pinellas Planning Council recommendation. This action is required to reflect the Low Density Residential Land Use and RS-6 (Single Family Residential "Six") zoning on the single lot on the east which has been used for overflow church parking on special church holidays. Commissioner Nunamaker moved to approve the request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5000-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5000-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5001-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5001-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #4917-90 - Amending land use plan to change designation to Medium Density Residential (Conditioned) for property located at the eastern terminus of Seville Blvd., Sec. 17-29-16, M&B 34.01 and part of M&B 34.02 AND Sec. 20-29-16, M&B 21.01 (Clearwater Seville, Ltd. & AEL Partnership LUP88-11) The City Attorney presented Ordinance #4917-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #4917-90 in the title, delete "LAND USE ELEMENT" and substitute "FUTURE LAND USE PLAN ELEMENT."; in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The motion was duly seconded and carried unanimously. The City Attorney stated a letter has been received from the Florida Department of Community Affairs (DCA) objecting to this ordinance as it is felt the density is inconsistent with the County's land use plan of 10 units per gross acre. It was noted this ordinance clearly states a density no greater than 10 units per gross acre and the City Attorney will notify DCA. Commissioner Regulski moved to pass and adopt Ordinance #4917-90 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #4919-90 - Amending land use plan to change designation to Industrial for property located on the E side of the proposed N Keene Road Extension at the terminus of Leo Lane East, Sec.1-29-15, portions of Lots 25 & 26, Sec. 12-29-15, portions of Lots 6, 7 & 8 (City LUP89-16) The City Attorney presented Ordinance #4919-90 for second reading and read it by title only. Commissioner Fitzgerald moved to amend Ordinance #4919-90 in the title, delete "LAND USE ELEMENT" and substitute "FUTURE LAND USE PLAN ELEMENT."; In Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance #4919-90 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #4923-90 - Amending land use plan to change designation to Public/Semi-Public for property located W of the intersection of McMullen-Booth Rd. and Mease Dr., Landmark Palms Sub., Tract A (International Landvest, Inc. LUP89-12) The City Attorney presented Ordinance #4923-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #4923-90 in the title, delete "LAND USE ELEMENT" and substitute "FUTURE LAND USE PLAN ELEMENT."; In Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to pass and adopt Ordinance #4923-90 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #4924-90 - Rezoning to Public/Semi-Public for property located in Landmark Palms Sub., Tract A (International Landvest, Inc. Z89-15) The City Attorney presented Ordinance #4924-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4924-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Item #16 - Ordinance #4925-90 - Amending land use plan to change designation to Industrial for property located at SW corner of intersection of Calumet St. and Belcher Rd., Clearwater Industrial Park, Lot 12 (UPARC LUP89-13) The City Attorney presented Ordinance #4925-90 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance #4925-90 in the title, delete "LAND USE ELEMENT" and substitute "FUTURE LAND USE PLAN ELEMENT."; in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance #4925-90 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Ordinance #4926-90 - Rezoning to Limited Industrial, Clearwater Industrial Park, Lot 12 (UPARC Z89-16) The City Attorney presented Ordinance #4926-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4926-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #18 - Ordinance #4984-90 - Amending land use plan to change designation to Residential/Office for property annexed in Ordinance #4986-90 (Doerner LUP90-7) The City Attorney presented Ordinance #4984-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4984-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #19 - Ordinance #4985-90 - Zoning property annexed in Ordinance #4986-90 as Limited Office (Doerner A90-6) The City Attorney presented Ordinance #4985-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #4985-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #20 - Ordinance #4986-90 - Annexing property located on the SE side of S.R.580, opposite Countryside High School, approx. 475' NE of Charles Ave., Ackers Sub., Blk 2, Lot 8 (Doerner A90-6) The City Attorney presented Ordinance #4986-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4986-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #21 - Ordinance #4987-90 - Amending land use plan to change designation to Low Density Residential for property annexed in Ordinance #4989-90 (Lobil Building Co. LUP90-8) The City Attorney presented Ordinance #4987-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4987-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #22 - Ordinance #4988-90 - Zoning property annexed in Ordinance #4989-90 (Lobil Building Co. A90-7) The City Attorney presented Ordinance #4988-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #4988-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #23 - Ordinance #4989-90 - Annexing property located at 1457 Otten St., Terra Alto Estates, Lot 7 (Lobil Building Co., A90-7) The City Attorney presented Ordinance #4989-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4989-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #24 - Ordinance #4990-90 - Amending land use plan to change designation to Low Density Residential for property annexed in Ordinance #4992-90 (Bachman LUP90-9) The City Attorney presented Ordinance #4990-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #4990-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #25 - Ordinance #4991-90 - Zoning property annexed in Ordinance #4992-90 as Single-Family Residential "Eight" (Bachman A90-8) The City Attorney presented Ordinance #4991-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4991-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #26 - Ordinance #4992-90 - Annexing property located on W side of Norwood Ave., approx. 575' S of Jeffords St., Oak Acres Addition, Unit 1, Lot 8 (Bachman A90-8) The City Attorney presented Ordinance #4992-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4992-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #27 - Ordinance #4995-90 - Relating to boating, to designate certain water areas as "slow down-minimum wake" or "idle speed-no wake" zones The City Attorney presented Ordinance #4995-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4995-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #28 - Ordinance #4996-90 - Vacating the north-south utility easement lying W of the E lot line, Mandalay Sub., Lots 2 thru 6 (Taylor V90-4) The City Attorney presented Ordinance #4996-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4996-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #29 - Ordinance #5002-90 - Amending operating budget for fiscal year ending 9/30/90 The City Attorney presented Ordinance #5002-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5002-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #30 - Ordinance #5003-90 - Amending capital improvement program report and budget for fiscal year ending 9/30/90 The City Attorney presented Ordinance #5003-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5003-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #31 - Ordinance #5004-90 - Relating to flood protection amending Sections 146.004 and 146.007 as amended by Ordinance #4912-90 amending certain definitions and to revise cost information requirements for development permits. The City Attorney presented Ordinance #5004-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #5004-90 on page 2, in Subsection (4) of the definition of "substantial improvement," add the following as the second sentence: The term does not include any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a historic structure on such National Register or State Inventory. The motion was duly seconded and carried unanimously. One citizen reviewed the process FEMA follows to see if communities are in compliance with their regulations and lengthy process of enforcement. Questions were raised regarding flood proofing of commercial buildings versus homes and motels, regulations for allowing separate second floors in coastal communities in other areas, including itemized costs in computing the 50 percent cumulative rule over the lifetime of a structure and why Florida is the only coastal area having this cumulative rule. Seven citizens expressed concerns regarding the proposed ordinance adversely impacting economic growth and future development on Clearwater Beach indicating no public benefit would be served. They requested the Commission postpone their decision to allow for more input from the community and from the newly established Clearwater Beach Blue Ribbon Task Force. In response to a question, it was indicated the cumulative rule for the barrier islands has been in effect since April 1987. It was indicated FEMA is not the perpetrator of this rule and that it needs to be addressed in the Florida statutes. Discussion ensued in regard to delay of this ordinance possibly jeopardizing the City's flood insurance. It was felt that since the cumulative rule was already in effect the ordinance should be adopted. It was the consensus to approach the State legislature regarding removing the 50% cumulative over the life of the structure restriction. Commissioner Fitzgerald moved to pass and adopt Ordinance #5004-90 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX CONSENT AGENDA (Items #32-47) - Approved as submitted. Leases - Approved. ITEM #32 - Assignment of Lease Agreement dated 12/15/90 from Fast Hurry Photo, Inc. to Bikini Button, Inc. d/b/a One-Hour Photo and Dive Shop (MR) Bids & Contracts - Approved. ITEM #33 - Maintenance on the A-4 and A-6 computers for the period of July 1, 1990 through June 30, 1991 from UNISYS Corp., Tampa, FL for $60,528.00 (AS) ITEM #34 - Purchase of one 3/4-ton Utility Body Pickup Truck for Building and Maintenance Dept. from Karl Flammer Ford, Tarpon Springs, FL for $13,221.90 (GS) ITEM #35 - Extend contract for janitorial services with Chemco Industries, Tampa, FL, from July 21, 1990 through July 20, 1991 for $229,307.52 (GS) ITEM #36 - One year contract to The Police Law Institute, Hollywood, FL, to provide a computer based State and Federal Law training program for $24,000.00 (PD) ITEM #37 - Purchase 4" double detector check valves from Davis Meter and Supply of Tampa, FL for $12,228.00 and 6" and 8" double detector check valves from A & P Water and Sewer of Tampa, FL for $86,464.00 (PW) ITEM #38 - Purchase steel gas pipe from Empire Pipe and Supply of Tampa, FL, for the time period 7/9/90 to 7/8/91 for $49,760.00 (PW) ITEM #39 - Relocate 9600 linear feet of water service line to Dick LaPierre, Inc., St. Petersburg, FL for $21,171.00 (PW) ITEM #40 - Award of Contract for Demolition of unsafe building at 915 Engman St. and 1206 Pennsylvania Ave. to Sonny Glasbrenner, Inc. for $5,375.00 (PLD) Change Orders - Approved. ITEM #41 - C.O.#4 to the contract for the Marshall Street Advanced Pollution Control Facility with S.C.E.,Inc. increasing the amount by $32,504.00 adjusting the total to $16,853,128.00 (PW) ITEM #42 - C.O.#3 to the contract with Danis Industries Corporation for the East Advanced Pollution Control Facility increasing the previously adjusted by C.O.#2 amount by $32,967.00 adjusting the total contract amount to $13,954,403.00 (PW) Plans & Plats - Approved. ITEM #43 - Preliminary Site Plan for Wee Care Pre-School (Expansion) located at 3130 McMullen-Booth Rd., Section 21-28-16, M&B 23.11, 2.04 acres (Hardy PSP90-09)(PLD) ITEM #44 - Preliminary Subdivision Plat for Bayview Bluffs Tract 1 Replat located at the SE corner of Thomas Rd. and McMullen Booth Rd., Bayview Bluffs, Tract 1, 0.79 acres (Myrick and McBenn Construction Co. SUB90-02)(PLD) Receipt & Referral - Received and Referred. ITEM #45 - Comprehensive Plan - Bi-Annual Amendments (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #46 - Sidewalk Easement - Dellwood Heights Sub., Blk A, N 17' of Lots 1 & 2 (City of St. Petersburg) ITEM #47 - Sidewalk Easement - Map of Belleair, Blk 25, N 5' of Lots 12 thru 15 (Morritt-Corbett, Inc.) Commissioner Nunamaker 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. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #48 - Conceptual approval of a Stormwater Utility Financing Plan and Creation of a separate Enterprise Fund (PW) Recent developments have led the City to believe that stormwater management is an important issue within the City. The developments include: -- The Environmental Protection Agency will be instituting a new set of stormwater regulations in August, 1990, requiring municipalities to apply for federal permits for stormwater management systems. -- In order to provide the level of service demanded by the citizens of Clearwater and also by the regulatory agencies, there is a need to increase the general maintenance and cleaning of stormwater structures. -- Consideration of the stormwater management capital improvement requirements on a city-wide basis is needed since the most recent such effort was completed almost 10 years ago with the Pinellas County Master Drainage Study. -- There is a new emphasis on stormwater quality by federal, state, and regional governments. Each of these issues identifies the demand for a well managed and planned stormwater program for the City and leads to the need for a dedicated funding source which equitably distributes the costs for these services. The City of Clearwater retained Camp, Dresser & McKee, Inc. (CDM) to prepare a Stormwater Management Financial Plan with a focus on a stormwater utilities. The Plan was to define the financial needs of the City, assess the funding sources including the revenue potential of a stormwater utility, and recommend a financial plan to implement the program. Assistant City Manager Charles Hunsicker stated Tampa Bay and Clearwater Harbor receive pollutants from many canals and streams and more stringent standards need to be applied to protect the water quality of the environment. He said the costs of a stormwater utility program need to be shared by all members of the community. He indicated the Commission will be considering whether a stormwater utility is right for the City of Clearwater and whether or not this utility can bring the resources needed to protect water quality and provide for better environment for its citizens. Scott McClelland, Camp, Dresser & McKee, defined a storm management program and he explained how it will help in meeting the City's objective for clean water and how the costs of this program will be fairly distributed among the community. Analyzing the City's current program, Mr. McClelland projected that an effective program would cost approximately $3-1/2 to $5 million over a five-year period, some of which could be paid for out of the "Penny for Pinellas" funds. He stated a stormwater utility is a user fee based on impact by and benefit to a parcel of property. He indicated residential parcels have a relatively uniform amount of impervious area and can be assigned a unit fee; however, non-residential are not uniform and a user fee is assigned related to the impervious area relative to residential units. Mr. McClelland reviewed the billing options and indicated the fees can be collected through a special billing, a non ad valorem assessment or a utility billing system. Public Works Director Bill Baker indicated charging a user fee would generate an additional $1 million per year for capital improvement projects. The funds could be used for water quality and water treatment enhancements and provide for a pollution abatement program. Mr. Hunsicker stated implementation of a stormwater utility would include public hearings for ordinance adoption, developing a utility database and a public awareness plan. In response to a question, he indicated the public hearings would be scheduled as part of the regular meetings in August. Commissioner Nunamaker moved to approve in concept the establishment of a stormwater utility. The motion was duly seconded and carried unanimously. The meeting recessed from 8:20 p.m. to 8:31 p.m. ITEM #49 - Pinellas Trail Route through downtown Clearwater (PR) Phase II B of the Pinellas Trail consists of two segments with construction to commence in October of 1990. According to the County, these two segments will be completed and open to the public on April 1, 1991. One segment enters Clearwater from the north and ends at Drew Street while the other enters from the south and ends at Belleview Road. As previously discussed, these two ending points need to be connected by a route through downtown Clearwater which has not yet been determined. At the Work Session on February 12, 1990, an "on street" route was proposed which went south from Drew Street on Osceola Avenue and Bay Drive, behind Morton Plant Hospital and around the Belleview Biltmore Golf Course. This route was opposed by residents of the Harbor Oaks Community and the City Commission directed staff to look at other options. Numerous options have been reviewed, including routes along Clearwater's bayfront, Stevenson's Creek, and other portions of the railroad right-of-way. These are not being recommended at this time due to high costs, construction obstacles, right-of-way problems, etc. However, two optional routes are presented for consideration. Option A - This route is located entirely east of Fort Harrison Avenue (Alternate 19) and is within the City of Clearwater. The recommendation includes changing East Avenue, between Drew and Turner Streets, to one way traffic southbound. Parking and southbound automobile traffic will remain on the west side of the railroad tracks. On the east side of the tracks, northbound traffic will be removed and replaced with the two-way bicycle route which will be "on street" with the exception of the portion that goes through Ross Norton Park and around Lake Belleview. It is questioned whether or not a "crossing" from the railroad to connect the park portion of the trail to Belleview Road can be secured. If it cannot, the trail could be redirected south along the railroad right-of-way to Woodlawn Avenue or redirected from the park back to Greenwood Avenue, turning west on Woodlawn Avenue to Hamlet and north on Hamlet to Belleview. This route takes advantage of traffic signals and stop signs, it is recommended by staff and is supported by the Board of Pinellas Trails, Inc. It will involve the construction of a 10' wide trail, 3,853 feet long, through the park and two bridges to cross drainage ditches. The park and lake will be outstanding amenities to users of the trail. Option B - Similar to Option A, this route uses East Avenue to Turner Street. However, it would then turn west on Turner and primarily use Druid Road through Harbor Oaks, the Morton Plant Hospital area and around the Belleview Biltmore Golf Course. The City limits of Clearwater end at Morton Plant Hospital. Therefore, the southern portion of this route would have to have the approval of the Town of Belleair. The entire route would be "on street" and would primarily use Druid Road. According to discussions with Mr. Fred Marquis, Pinellas County Administrator, the County will fund trail construction after a route is selected by the City. Parks and Recreation Director Ream Wilson stated the Pinellas Trail project is scheduled for completion in April of 1991. He reviewed the two options available indicating Option A would cost the County approximately $107,000 plus railroad approvals with Option B costing approximately $800; however, there is much opposition to Option B from the residents. Eight citizens spoke in opposition to Option B expressing concerns regarding traffic, safety and privacy and asked that the Commission support another route. Opposition to any route that would go through residential areas was expressed. One citizen spoke in opposition to Option A indicating the route through Harbor Oaks was more appropriate as there was sufficient right-of-way and the route is more aesthetically pleasing. Four citizens spoke in support of a route that would provide for safety and security and expressed concern regarding the cost of Option A. Discussion ensued in regard to other alternatives which included routes along Turner Street and Myrtle Avenue. Consensus was to look at other options affecting residential areas as little as possible. Staff was directed to come back with alternatives. Commissioner Nunamaker moved to continue this item to the regular meeting of July 19, 1990. The motion was duly seconded and carried unanimously. Item #50 - Approve a budget of $300,000.00 for staff to proceed with plans to secure an architect and to construct a building at the Clearwater Community Sailing Center; and approve the transfer of $177,048 from Cheezem Development Impact Fees, $18,702 from Recreation Impact Fees, $91,000 from Sand Key County Park Improvements, and $13,250 from Donations into C.I.P. Code 315-1-3278 (Sand Key Sailing Center) (PR) The development of the Clearwater Community Sailing Center has been approached in three phases. The First Phase was approved by the City Commission on February 18, 1988 and has been completed. It consisted of site work, sewer, parking lot, ramps, sod, fencing, etc. at a cost of $104,400. The Second Phase will consist of a building being constructed on the site. Although the building has not been designed, staff envisions it having (1) seating capacity for about 200 to 250 people, (2) space to store prams and samples of other small sailing craft to be used for instructional classes, (3) room/s for boating safety classes, educational programs, meetings and rentals, and (4) office area for supervision. When not used for water oriented programs, the building will be available for general recreation center activities. This building is needed in that indoor facilities do not currently exist at the Sailing Center and programming is very limited. The Third Phase of the Sailing Center will consist of an additional parking lot and landscaping including a boardwalk around the mangrove area, sidewalks, etc. A model of the site done several years ago was displayed and Ream Wilson, Parks & Recreation Director, stated everything in the model would be the same except that a two-story building is currently being proposed. He indicated at the present time there is no storage or shelter available at the Sailing Center and he said there are impact fees available for the project. He indicated the building would provide for storage and meeting rooms and would be available for use by all water oriented groups in Clearwater. A representative of the Windjammers spoke in favor of the Sailing Center and presented a petition containing 100 signatures. In response to a question, it was indicated the only motor craft available at this site would be a power boat for use in case of emergency. Commissioner Nunamaker moved to approve the item as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #51 - Authorize payment of $22,833.00 from the special development fund on behalf of the Center Foundation as a portion of its required transportation impact fees (CM) Construction on the Center Foundation building is virtually complete. The City leased the land for the project to the Clearwater Youth Recreation Center, Inc., in 1986 for a period of 15 years unless extended for an additional 10 years as provided in the agreement or until 2085 with the consent of the electorate. In the lease agreement, the Foundation agrees that "all building and other improvements which are permanently affixed to the leased property shall become the property of the City at the expiration" of the lease. Another portion of the lease requires the Foundation to secure all necessary permits and "with the exception of impact fees, which must be paid by the Foundation, the City agrees to waive all fees associated with the development of the leased property during the term of the lease." At issue are $38,052 in transportation impact fees. The County transportation impact fee ordinance, which the City utilizes, allows certain exemptions from payment of the fees. One exception is for "the construction of publicly owned facilities used primarily for traditional governmental purposes." The Center Foundation building has two basic components. One component is the recreational aspect of the project, which clearly meets the "traditional governmental purposes" definition and the other component is the Upper Pinellas Association for Retarded Citizens (UPARC) facility, which probably does not meet the definition for exemption. Transportation impact fees for the recreation facilities are $22,833 and $15,219 for the UPARC building, or a total of $38,052. The Foundation cannot receive its certificate of occupancy, which is pending, unless it pays the fees or deeds the facilities to the City. It is recommended that the $22,833 of transportation impact fees be funded from the 4% administrative fee collected on transportation impact fees, which is included in the unreserved, undesignated fund balance of the special development fund. The unappropriated balance in this account as of June 19, 1990 was $53,400. The City Attorney stated he had learned today the building has been deeded to the City. Commissioner Nunamaker moved to authorize the payment of $22,833.00 with the stipulation that the building is deeded back to the Center Foundation and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #52 - Approve Contract for Purchase of approximately 4.1 acres of land for Park Purposes located in E.A. Marshall's Sub., part of Lots 11 & 18 for $164,000.00 from Lawrence P. Leahon to be funded from available monies in the Open Space/Recreation Land Impact Fee Trust Funds and from "Penny for Pinellas" Funds (PR) The property recommended for purchase is located east and adjacent to existing parkland which is at the northeast corner of Betty Lane and State Street. On May 14, 1990, Mr. James Millspaugh, M.A.I. submitted an appraisal report to the City appraising the property at $36,500 per acre. Mr. Jim Hensley, City Right Of Way Agent, negotiated the contract with the seller for $40,000 per acre. This price is within 10 percent of the appraised value which was submitted by Mr. Millspaugh. Mr. Hensley believes the purchase price of $40,000 per acre to be within the market value of the land. On January 7, 1988, the City Commission approved the purchase of the 2.3 acres of land which is adjacent to the land under consideration. There is a heavy concentration of City residents that live within walking distance of this property. There is a deficiency of parkland in this section of the City as is indicated in the Recreation Element of the City's Comprehensive Plan. The Comprehensive Plan recommends locating a new neighborhood park in planning District 3A and specifically recommends expanding the State Street property as mentioned above. Funding for purchase of this property was included in the "Penny For Pinellas" Program ($221,221). An additional $141,107 was included for development of this property as well as the existing parkland adjacent to it. The cost of the land is well within the amount budgeted for this purchase. Actual funds for the purchase of parkland from "Penny For Pinellas" have been allocated in FY 90/91 to 96/97. However, staff is recommending that the funding for parkland from "Penny For Pinellas" be accelerated to cover the purchase of this land as well as other parcels of land which are included in the Comprehensive Plan and "Penny For Pinellas" Program. Open Space land is very scarce and it is important to acquire it as soon as possible in order to meet future needs. Recommended funding would be as follows: 0247-124 Recreation Facility Land $ 1,710.00 0247-122 Open Space Land $ 27,095.62 Penny For Pinellas $135,194.28 Recreation land interest of $68,815.91 and open space interest of $66,378.47 will be used to fund this purchase in place of "Penny for Pinellas" funds and returned to the special development fund in the year in which the "Penny for Pinellas" funds were originally allocated to this project. In response to a question, Parks & Recreation Director Ream Wilson, indicated the County is interested only in the property that fronts on Sunset Point Road. It was suggested that when the County constructs its detention pond it be incorporated into the park. Commissioner Regulski moved to approve the contract and funding and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #53 - First Reading Ordinance #5005-90 - Relating to claims and settlements; settlement review and small claims committee; increasing limits on settlement authorization given the City Manager; payment of claims against the City to increase the authority of City's self-insurance service agent to pay claims from funds in Bank Trust Account without Commission approval. (AS) The current City Code (Sec.24,10) provides for a small claims committee composed of the safety and insurance supervisor, an assistant city manager and the city attorney or his designee. Claims over specific limits are subject to Commission approval. The proposed ordinance eliminates the requirement for a formal claims committee and gives the City Manager the authority to settle claims, both against the City or alleged due the City up to $2,000. The Manager after consulting with the City Attorney and such other employees as the manager may deem appropriate may settle claims up to $10,000. The maximum settlement authority with the unanimous written concurrence of the City Attorney, the Risk Manager and the service agent is $25,000 including costs and attorney's fees. Governmental entities such as the Cities of Tallahassee, Miami, Gainesville and Pompono Beach provide similar authorities for settlement within their Risk Management Programs. Concern was expressed regarding the amount of claims filed against the City over the past two years. It was felt a majority of these claims were unjust and this philosophy would not be represented. The City Manager indicated the claims would be carefully investigated using the insurance carrier's expertise. Concern was also expressed in regard to keeping the citizens informed of these settlements. It was felt ability to respond quickly was needed and it was more beneficial to the City to avoid publicity regarding settlements. In response to a question, it was indicated the Commission will receive reports of these settlements. Commissioner Regulski moved to approve the requested changes to the City's Risk Management and claims processing procedures and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5004-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5004-90 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nay": None. ITEM #54 - Direction as to whether or not to include $10,000.00 in the fiscal year 1990-91 budget to support the Florida Orchestra (CM) During the service options portion of the budget process, the City Commission requested specific information regarding how the City contribution of $10,000 is spent to support the activities of the Florida Orchestra. Letters from the Orchestra indicate the City's contribution would be used as a general operating grant to support various performances already scheduled in Clearwater and that the Orchestra could provide an orchestra under the auspices of the Florida Orchestra at a cost of $20,000 for the July 4th festivities in Coachman Park. Tom Giddon, Florida Orchestra, thanked the Commission for their long standing support. Discussion ensued in regard to the Florida Orchestra and Mr. Giddon indicated the majority of their performances are held at Ruth Eckerd Hall. There is a charge for the use of the hall paid directly to PACT of approximately $20,000 a year. Concern was expressed regarding the continuance of the Orchestra, and it was indicated they have been receiving a lot of publicity and have been involved in fund raising. In response to a question, it was indicated as of now no concerts are scheduled for Coachman Park but there are usually one or two a year held there. It was indicated the concerts held in places other than Ruth Eckerd Hall are usually sponsored; however, full costs are not met. In response to a question, it was indicated the City of Largo does not contribute to the Florida Orchestra and this topic is under discussion with the City of Dunedin. Commissioner Regulski moved to authorize the inclusion of $10,000 in the fiscal year 1990/91 budget to support the Florida Orchestra. The motion was duly seconded and upon the vote being taken, Commissioners Regulski and Berfield and Mayor Garvey voted "Aye"; Commissioners Nunamaker and Fitzgerald voted "Nay." Motion carried. ITEM #55 - Resolution #90-28 & Resolution #90-29 Gulf Boulevard Sidewalk Installation on Sand Key (PW) There are currently 4 parcels of land on Gulf Boulevard which do not have sidewalks. At the May 17, 1990 Commission meeting, the Commission approved the installation of sidewalks along Gulf Boulevard to provide continuous sidewalks from the City limits to Clearwater Pass Bridge, such construction to be under the City's assessment authority for public purpose projects. The City Attorney presented Resolution #90-28 declaring the City's intent to perform the project and read it by title only. Discussion ensued in regard to whether or not an interest rate higher than 8 percent should be charged for the assessment project and it was felt a rate of 10 percent would be fair. Commissioner Regulski moved to amend Resolution #90-28 in Section 6 by changing "eight (8) per cent" to "ten (10) per cent." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Resolution #90-28 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Resolution #90-29 setting a public hearing regarding the assessment project and read it by title only. Commissioner Regulski moved to amend Resolution #90-29 on Exhibit A by changing "eight (8) per cent" to "ten (10) per cent." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Resolution #90-29 as amended and authorize the appropriate officials to execute same. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #56 - Approve addition of Canine Clause to FOP #10 and FOP #4 contracts (CM) Police canine teams, consisting of an officer and assigned canines, are maintained by the Police Department as a valuable law enforcement tool. Officers assigned to canine duty are required to keep the canine at their residence and to provide reasonable care and attention to the canine. The City and representatives of FOP #10 and FOP #4 met over a period of several months to negotiate an agreement relating to compensation to employees for duties associated with service as a canine officer, both on regular duty days and on off-duty days. The primary issues related to the amount of time to be credited for care and maintenance of the canine and the amount of compensation for the time worked. The U.S. Department of Labor, Wage Hour Division, had previously ruled that officers are to be credited with time worked for the time spent caring for the dog on the handler's off-duty time. Following a number of negotiating sessions, the parties reached agreement. This agreement provides that canine officers (including one Sergeant) will work 7 hours, 15 minutes, each workday and also will be credited with 45 minutes work time for tasks associated with the care and maintenance of the canine. On off-duty days, canine officers will be paid 30 minutes time for care and maintenance of the canine. The agreement has been ratified by the unions and it recommended that the City Commission approve the contract modification. During negotiations, a corollary issue relating to compensation for canine care and maintenance was back pay liability. With the cooperation of the Wage Hour Office of the Department of Labor (Tampa Office), the parties agreed to a settlement to resolve this issue. Payment was provided to officers who have served as canine officers during the past two years, and all officers signed a release document upon receipt of the payment for back wages which serves as a release from any right to bring suit for past wages. In response to questions, it was indicated the budget would be impacted $2,800 for the remainder of this year. It was indicated the cost per year would be approximately $10,000-$12,000. Commissioner Nunamaker moved to approve the modifications clarifying the method of payment for care of canines for on-duty and off-duty days and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions ITEM #57 - Resolution #90-27 - Assessing property owners the costs of mowing or clearing owner's lot The City Attorney presented Resolution #90-27 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-27 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #58 - Resolution #90-30 - Recognizing Clearwater Health Facility's authority action allowing the City of Hialeah to issue bonds for the purchase of Drew Village Nursing Home The City Attorney presented Resolution #90-30 and read it by title only. In response to a question, it was indicated the City of Clearwater would have no responsibility in regard to this issue. Commissioner Berfield moved to pass and adopt Resolution #90-30 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items ITEM #59 - Authorize Settlement of Frisby v. City and Yukon v. City paying $190,000.00 now and agreeing not to object to a claims bill of $150,000.00 (total settlement $340,000.00) and ratify and confirm City Manager's $10,000.00 settlement of claim Jamie Keenan, all three claims resulting from 1986 gas explosion These two lawsuits arise out of the gas explosion of May 10, 1986, at the Sun Pointe Place Apartments in Largo, Florida. These cases are the wrongful death claims made by the two families of the two men that died in the explosion. After years of litigation and negotiation, a tentative settlement agreement was reached prior to the recent trial of the claim of State Farm Fire & Casualty against the City for the property damage to the building that exploded. That tentative settlement agreement calls for the City to pay a total of $340,000 total to the two families. Under the agreement, the City would pay $190,000 now and would agree not to object to a claims bill in the amount of $150,000. The City has a statutory cap of liability for all damages resulting from any one accident of $200,000. Jamie Keenan, an individual who was hurt in the explosion, made a claim against the City. That claim was settled for $10,000, an amount within the City Manager's authority. Thus, the City remains able to pay $190,000 to the two families without a legislative claims bill. The negotiated settlement with the two families also includes a payment by the City's excess insurance company of $100,000. The City Manager, City Attorney, Gallagher-Bassett and outside counsel recommend this settlement so as to avoid the possibility of a larger jury award. It is recommended to agree to pay this amount of money because of the likelihood of a jury award reaching the $200,000 limits and also considering the extensive costs, both in attorney's fees, expert fees and otherwise, that would be incurred if this case were to be tried on behalf of the two families. The State Farm claim was tried last week and the jury returned a verdict in favor of the City. That verdict has no effect on the claim of the two families. Commissioner Fitzgerald moved to approve the settlement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #60 - Letter of Agreement of Legal Services with de laParte and Gilbert for the Stevenson Creek formal administrative hearing at a cost not to exceed $40,000.00 John Foley has filed a petition requesting an administrative hearing pursuant to Chapter 120.57 of the Florida Statutes, challenging the Department of Environmental Regulation's (DER) intent to issue a permit for the management and storage - (MSSW) permit for the Stevenson Creek project. On June 11, 1990, the City Attorney's office received formal notification from the DER that a petition had been filed. The office of General Counsel with DER will notify the City whether a formal administrative hearing will be conducted regarding the application. A case number has been assigned for the petition and in the opinion of the City Attorney, there is a high likelihood that the case will go to hearing if a settlement is not reached between the City, DER, and Mr. Foley. As the permit applicant, the City must demonstrate entitlement to the permit issuance in any administrative proceeding held pursuant to the filing of the petition. A Chapter 120 hearing would be conducted in a quasi judicial format with pre-hearing depositions and discovery by legal representatives for both parties. The City will need legal representation with special expertise in dredge and fill permitting. After conferring with the City Attorney's office, the City Manager entered into an agreement for services with the Tampa law firm of de laParte and Gilbert not to exceed $9,900 to begin the research and preparations for a Chapter 120 proceeding. Bringing the permit to a full hearing will require a level of effort beyond the purchasing authority of the City Manager. Consequently, a letter agreement for legal services with the law firm of de laParte and Gilbert has been prepared for City Commission approval. If, during the course of hearing, preparation expenses are projected to exceed the total of $40,000, authorization to continue legal services in connection with this matter will require additional approval by the Commission. It is emphasized while the City must take the necessary steps to prepare for an administrative hearing, the City will make every effort to negotiate with DER, Mr. Foley, and others in an attempt to agree to a stormwater flood control design that provides needed flood protection in conjunction with environmental enhancements and/or recreational amenities consistent with direction from the Commission. As such, any settlement conditions prior to or during the hearing would be subject to, and contingent upon, Commission approval. Extensive discussion ensued in regard to engaging the services of an outside counsel or if staff would better represent the City. The City Attorney felt it would be more advantageous for the City to have outside counsel; however, the Commission felt staff could better defend the City's position. It was felt that getting the interested parties together to try and negotiate an amenable solution should take precedent over litigation. The City Attorney indicated Mr. Foley is taking this route in order to delay the project and he expressed concern regarding flooding due to the delay. Discussion ensued in regard to committing $40,000 for legal services without attempting a negotiation. The City Attorney felt setting a date for an administrative hearing might help in the negotiation process. It was indicated that the Pinellas Anclote River Basin Authority had directed that SWFWMD meet with opponents of the project and City staff to receive input from both sides. It was felt some progress toward compromise may be reached at the meeting. Commissioner Regulski moved to approve authorizing the City Manager to execute a letter of agreement but not until the SWFWMD meeting is concluded and a determination is made regarding the possibility of compromise. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield and Mayor Garvey voted "Aye;" Fitzgerald voted "Nay." XIV - City Manager Verbal Reports The City Manager reported that the newspaper article regarding the City's gas system was incorrect as their rankings were listed alphabetically not as the City had ranked the companies. XV - Other Commission Action Mayor Garvey said the membership renewal for the Mayor's Council had been received. She asked if any of the Commissioners were interested in attending in July as she was unable to go. Commissioner Fitzgerald said he would attend. Direction was given to staff to pay the $100 membership fee. Commissioner Berfield requested a status report on the Environmental Committee. This item will be agendaed for July 19, 1990. She reported that PACT, Inc. has been able to meet their current financial obligations and predicts a balanced budget. She questioned response to the Historical Society's request to place a marker at the foot of Seminole Street identifying the location as the site for the first bridge to Clearwater Beach. Staff is investigating. She questioned if the City was sending a resolution to the City Manager of Plant City for 50 years of service. The Mayor stated a letter has been sent. She questioned what could be done regarding the carpeting at the Library as it has become a safety concern. Various options are being investigated. She questioned whether there is a policy regarding mandatory pool enclosures and it was indicated this had been considered but the decision had been made not to enact a requirement. XVI - Adjournment The meeting adjourned at 11:00 p.m.