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09/06/1990 CITY COMMISSION MEETING September 6, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 6, 1990 at 6:00 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. 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 30-year ring was awarded to a City employee. IV - Introductions and Awards. Proclamation: Emergency Medical Services (EMS) Week 9/16-20/90. V - Presentations - None. VI - A - Minutes of the Regular Meeting of August 16, 1990. Commissioner Fitzgerald requested the minutes be amended on Page 11, Paragraph 1, by adding the word "new" so the sentence reads "the City has averaged about 433 new customers per year...". Commissioner Regulski requested the minutes be amended on Page 16, Paragraph 2, under Salary Adjustment for the City Attorney so that the CPI increase reflects "2.0%" instead of "2.2%". Commissioner Fitzgerald moved to approve the minutes of the regular meeting of August 16, 1990, as amended. The motion was duly seconded and carried unanimously. VI - B - Minutes of the Regular Meeting of August 2, 1990. At the August 16, 1990 meeting, a concern was raised regarding amending the motion for Item #30 of the August 2, 1990 meeting, Post Harbor site plan, to include a condition that the developer would be responsible for the maintenance of the park. Upon review of the tape of that meeting it was found this condition was not made a part of the motion. It should be noted that the DRC (Development Review Committee) was aware of the City Commission's desire and has made the maintenance of the park a condition on the final site plan. The final site plan will come back to the City Commission for approval as it is connected to a RPD zoning. The typographical error found in the minutes has been corrected. Such corrections are not considered amendments. Commissioner Berfield moved to rescind the motion made at the August 16, 1990 meeting to amend the August 2, 1990 minutes and approve the August 2, 1990 minutes as submitted. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda Cecil Hewitt requested the City go to a strong Mayor and Commission form of government. He also requested the barriers in Plaza Park Subdivision be removed as he felt they created a fire hazard. Mr. Hewitt complained regarding treatment in the City Manager's Office and about the actions of Officer Holloway. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5016-90 - Vacating east-west alley, Mandalay Sub., S of Blk 46A, Lot 8 & N of Blk 46, Lots 1-4 (Thornton V90-08)(PW) At the present time, the alley is being used as a driveway and backyard. Staff is requesting the vacation of the north-south alley lying east of Lots 1-4 and west of Lots 5-8, Blk 46A of Mandalay Subdivision, be included in this request. The only utility the City has is a sanitary sewer line lying in a portion of the east-west alley. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections, subject to both alleys being retained full width as drainage and utility easements. In response to a question, it was indicated the portion requested to be vacated is not being used for access by area owners. Commissioner Fitzgerald moved to approve the vacation request subject to both alleys being retained full width as drainage and utility easements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5016-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5016-90 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 #10 - Public Hearing & First Reading Ordinance #5021-90 - Vacating a 3' and a 10'gas main easement, Belle Haven Sub., Lot 9, Sec. 30-28-16 (M.B.C. Corp. V90-11)(PW) The City received a 10 foot gas main easement from Herda's Steak House, Inc. on October 14, 1974. On June 23, 1978, the City received a 3 foot gas main easement from B. Mary Herda. On September 28, 1978, the City released a portion of the 10 foot easement to allow for construction over the easement. On July 10, 1986, the City subordinated a portion of the three foot easement to the Florida Department of Transportation. The current lease holders of the property will be tearing down the old building and replacing it with a new one. The old gas line has been cut and capped by the City and is no longer needed. The request has been reviewed by various City departments/divisions and there are no objections. Florida Power, General Telephone and Vision Cable were not involved with this easement since it is a sole purpose easement for a gas main. It was indicated if the new building requires gas service, an easement will need to be obtained. Commissioner Regulski moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5021-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5021-90 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 #5009-90, #5010-90 & #5011-90 - Annexation, RS-6 Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel (.20 acres) located at 515 Dora Dr., Rolling Heights Sub., Lot 20 (Rimer A90-10, LUP90-12)(PLD) The property is presently developed with a single family residence. The applicant is seeking annexation to receive City sewer service, which is available on Dora Drive. The County has a 4" water line on the west side of Dora Drive which serves this property. It is suggested the City not annex the abutting right-of-way at this time. Commissioner Regulski moved to approve the annexation, RS-6 zoning and a land use plan amendment to Low Density Residential on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5009-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5009-90 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 #5010-90 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5010-90 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 #5011-90 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5011-90 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 #12 - Public Hearing & First Reading Ordinances #5012-90 & #5013-90 - CG Zoning and a Land Use Plan Amendment to Commercial/Tourist Facilities for a parcel (1.9 acres) located on N side of Sunset Pt. Rd. adjacent to and between Meadow Dr. and Elliott Dr., Barrett Manor Sub., part of Lots 15 & 23 and all of Lots 16-22 (Peacock, National Safety Council, Campagna Z90-5, LUP 90-14)(PLD) The applicant sent a letter requesting this item be continued to allow time to contact the residents of Barrett Manor Subdivision and explain the objectives. Commissioner Regulski moved to continue this request to October 18, 1990. The motion was duly seconded and carried unanimously. Five residents spoke in opposition to the request expressing concern regarding poor maintenance of the property, illegal parking, increased traffic and types of future businesses on this site if zoned commercial. Staff is to investigate possible code violations. ITEM #13 - Public Hearing & First Reading Ordinance #5008-90 - Relating to family, group and congregate care facilities (PLD) During the 1989 State Legislative sessions, a law was passed that affects the siting of community residential homes and necessitates amendment of the land development code. Also, the Commission has expressed an interest in broadening the opportunities to locate facilities in Clearwater that provide temporary shelter for the homeless. The City Commission has provided staff with input at work sessions and, at the most recent work session, the Commission directed staff to redraft the ordinance to maintain a 1,000 foot separation requirement between all family and group care facilities. A code amendment has been drafted pursuant to updated state law and the Commission's direction. The draft incorporates the following major changes from the existing code: 1. Family care is redefined to change the number of cared-for persons from 5 to 6. (However, there is no change in the zoning districts in which family care is permitted.) 2. Level I group care is redefined to change the number of cared-for persons from 6-10 to 7-14. 3. Level II group care is redefined to change the number of cared-for persons from 11-20 to 15-20. 4. Two new definitions are added. Residential shelters will be defined as temporary residences for homeless persons or families. Density for residential shelters is based on the number of residents within the facility; two residents will equate to one dwelling unit. Foster care is defined as care provided a child in a foster family or boarding home, group home, agency boarding home or child care institution. 5. Level I group care will no longer be provided for in single family zones, the effect of which will be to limit to 6 the number of cared-for persons that can occupy a facility within single family zones. 6. Residential shelters will be allowed as conditional uses within Multiple Family, Limited Office, Neighborhood Commercial, General Commercial, Highway Commercial, Urban Center, Limited Industrial and Public/Semi-Public. 7. Level I group care is changed from a conditional use to a permitted use in Multiple family zones. 8. Separation will be measured from structure to structure rather than from property to property. 9. Parking for residential shelters will be required on the basis of one space per six residents based on maximum design capacity. John Richter, Development Code Manager, explained the amendment indicating the ordinance will bring the City into conformance with state laws regarding care facilities. There has been concern due to lack of facilities for the homeless. Planning and Development Director, James Polatty, said the Planning and Zoning Board recommended approval. The Development Code Adjustment Board recommended approval, subject to deletion of residential shelters as conditional uses in the RM-8 and RM-12 districts. Commissioner Regulski moved to approve the Land Development Code Text Amendment subject to the amendment delineating the method of measurement regarding corporate boundaries of the City. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5008-90 for first reading and read it by title only. Commissioner Regulski moved to amend Ordinance #5008-90 on Page 11, at the end of subsection (f), by inserting the following: "For the purposes of this subsection, measurements to existing facilities and to areas of single family zoning shall be made without regard to the location of the corporate boundaries of the City." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass Ordinance #5008-90 as amended 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 #14 - 1990/91 Proposed Budget - Public Hearing and First Reading Ordinances #5024-90, #5025-90 & #5026-90 (AS) The City Manager presented the budget in summary. He indicated the City is looking at a total budget of approximately $121,000,000 divided into various categories with the General Fund the largest at $56,625,160. He stated the City is operating at a current millage rate of 5.1000 mills. He indicated significant budget increases are necessary due to new employee positions; General Fund surplus restoration, rising health insurance and worker's compensation and contract wage increases. He said the restoration of the surplus fund is one of the major components of the proposed budget increase. It is Commission policy to operate with a 10 percent surplus for unknown contingencies. The City Manager said that major medical insurance costs have increased approximately $2 million over the past five years. Public safety accounts for 46 percent of the General Fund expenditures and personal services for 68 percent. He said the utility system is not supported by ad valorem taxes. The following reflects the Commission's action thus far: Changes to 1990/91 Budget (TRIM Revision July 1990) Decrease Expenditures Transfer Center Foundation Contribution -$250,000 Delay Courtney Campbell Beautification -$ 56,410 Reduce General Fund Surplus -$ 51,340 Reduce CRA Agency Funding -$ 35,000 Changes to 1990/91 Budget (Work Session 9/4/90) Increased Revenues Reimbursement from Stormwater Utility to General Fund +$100,000 Decrease Expenditures Adjust Police Department Overtime -$186,000 Reduce Road and Drainage Millage -$325,395 Reduce General Fund Surplus -$ 29,100 Omit Coachman Park Restrooms -$ 45,000 Reduce CRA Funding -$ 10,000 Transfer Emergency Operation Center Funding -$ 50,000 The City Manager stated the 1990/91 recommended budget was originally set at 5.7000 mills. The TRIM revision reduced it to 5.6000 mills and the September 4th work session has tentatively reduced it to 5.4101. He said the reorganization over the past two years have kept taxes flat with this being the first significant increase. It was pointed out that 35 percent of the General Fund revenues come from property taxes, 24 percent from franchise and utility taxes, 12 percent from intergovernmental revenue and 6 percent from sales tax. The City Manager indicated that only 25 percent of the total tax bill comes from Clearwater. Several citizens requested the millage rate remain at its current level. They complained regarding their assessments being much higher this year and expressed concern for retirees on fixed incomes. They recommended the Commission not buy non-essential items and requested a closer look be given to CIP items such as a $6,000 postage machine and $500 executive chairs. It was also felt Commission policy could be changed regarding restoration of the surplus. It was suggested the City look at possible areas where work could be subcontracted. Support was given to cost of living increases for Police and Fire and it was requested no cut be made in these personnel. Opposition was also expressed to a $300,000 park on Cleveland Street. Concerns were expressed that the Commission had not taken a close enough look at the proposed budget. Suzanne Bisset, representing Quest Inn, requested $3,000 be added to the budget to fund operating expenses for this facility. Representatives of the International Association of Firefighters and the Fraternal Order of Police indicated the proposed 1 percent salary increase was not acceptable. One citizen requested the Community Redevelopment Agency (CRA) be sunsetted as it was felt developing the downtown is not helping the tax base. Discussion ensued regarding the proposed 5.4000 millage rate and it was indicated this rate would not cause a cut in police and fire personnel or services. Concern was expressed regarding the implication the Commission had not reviewed the budget in detail. It was pointed out the budget review had started in February with a proposed millage of 5.7000 and since that time has been trimmed by a significant percent. Appreciation was given to the Budget Advisory Committee for its input. Concern was expressed that the surplus fund had been neglected. It was indicated this fund needed to be maintained at a certain level due to uncertainties. There was discussion regarding user fees for the Center Foundation and it was felt these fees should be collected and turned over to the Foundation. Discussion ensued regarding possible areas to cut in the proposed budget in order to maintain the current millage rate and some suggestions were not to increase the surplus as much as proposed, holding positions open longer before filling, cutting the marine patrol and joining the county library system. The Mayor thanked everyone for their interest and input into the budget process and suggested going with the proposed millage rate at first reading continuing to pursue additional reductions prior to the September 20th final public hearing on the budget. Ordinance #5024-90 - Declaring the Millage Rate to be Levied for the Fiscal Year Beginning October 1, 1990, and Ending September 30, 1991, for Operation Purposes Including Pensions and Debt Service, Road and Drainage Capital Improvements, and A Reserve for Self Insurance. The City Attorney presented Ordinance #5024-90 for first reading and read it in its entirety. Commissioner Nunamaker moved to amend Ordinance #5024-90 to read "not to exceed 5.1000 mills." The motion was duly seconded and upon the vote being taken, Commissioners Nunamaker and Berfield voted "aye," Commissioners Regulski and Fitzgerald and Mayor Garvey voted "nay." Motion failed. Commissioner Regulski moved to pass Ordinance #5024-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Garvey. "Nays": Nunamaker and Berfield. Motion carried. Ordinance #5025-90 - Adopting an Operating Budget for the Fiscal Year Beginning October 1, 1990, and Ending September 30, 1991; Authorizing the City Manager to Issue Such Instructions that are Necessary to Achieve and Accomplish the Service Programs so Authorized; Authorizing the City Manager to Transfer Moneys and Programs Among the Departments and Activities Within any Fund as Provided by Chapter 41 of the Clearwater Code of Ordinances. The City Attorney presented Ordinance #5025-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5025-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Garvey. "Nays": Nunamaker and Berfield. Motion carried. Ordinance #5026-90 - Adopting the Capital Improvement Program Budget for the Fiscal Year Beginning October 1, 1990, and Ending September 30, 1991; Approving the Six-Year Capital Improvement Program which shall be Reevaluated at the Beginning of Each Fiscal Year; Authorizing the City Manager to Issue Such Instructions that are Necessary to Achieve and Accomplish the Capital Improvements so Authorized; Authorizing the City Manager to Transfer Money between Projects in the Capital Improvement Program; Appropriating Available and Anticipated Resources for the Projects Identified. The City Attorney presented Ordinance #5026-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5026-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald and Garvey. "Nays": Nunamaker and Berfield. Motion carried. The meeting recessed from 8:50 p.m. to 9:02 p.m. Public Hearing - Second Reading Ordinances ITEM #15 - Ordinance #5014-90 - Amending the Comprehensive Plan as adopted on 11/16/89, including amendments to Future Land Use, Traffic Circulation, Coastal Zone Management, Conservation, Intergovernmental Coordination and Capital Improvements Elements. The City Attorney presented Ordinance #5014-90 for second reading and read it by title only. In response to a citizen's questions, it was indicated the amendments included that development of densities shall not be included seaward of the Coastal Construction Control Line and the City supports the efforts of the Pinellas Planning Council and Pinellas County to coordinate land use categories on the countywide and municipal plans to achieve a compatible system of land use categories. Concern was expressed regarding whether or not the County could override the City's decision regarding density, height, etc. and it was felt this would not be a problem. It was indicated liberalizing the transfer of density was deleted from the policy. Commissioner Regulski moved to pass and adopt Ordinance #5014-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ordinance #5015-90 - Amending Sec. 50.05, Code of Ordinances, to establish service charges for alternate methods of installing backflow prevention devices. The City Attorney presented Ordinance #5015-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5015-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #17-36) Leases - Approved. ITEM #17 - Five-year lease (11/1/90-10/31/95) from William C. Kravas for operation of Parking Lot 18 at $500 per month (estimated) (PW) Bids & Contracts - Awarded. ITEM #18 - Contract for Microcomputer equipment for office automation (Unisys and other computer hardware) from Computer Solutions Systems, Tampa, FL, estimated cost $55,768.20 and authorize lease/purchase of $48,746.81 of hardware through AT&T Credit Corp and cash purchases of $7,021.39 hardware and appropriate software, at an estimated cost $5,213.89 (AS) ITEM #19 - Contract for periodical subscriptions and serial standing orders for Library Materials with Ebsco Subscription Services, estimated cost $68,977.00 (LIB) ITEM #20 - Contract extension with Harrison Uniform Co., St. Petersburg, FL until 12/31/90 for police department uniforms for estimated cost $25,000.00 (PD) ITEM #21 - Contract for copier equipment maintenance services from Xerox Corp., Tampa, FL for the period 10/1/90-9/30/91 for estimated cost $21,252.00 (PIO) ITEM #22 - Contract for sludge hauling services for the period 10/1/90-9/30/91 to H & H Liquid Sludge Disposal Co., Ft. White, FL for estimated cost $211,640.00 (PW) ITEM #23 - Contract for sodium bisulfite for the period 10/1/90-9/30/91 to P. B. & S. Chemical Co., St. Petersburg, FL for estimated cost $33,800.00 (PW) ITEM #24 - Contract for black 3408 P.E. pipe and fittings for the period 8/13/90-8/12/91 to Phillips Engineering Co., Clearwater, FL for estimated cost $202,744.75 (PW) ITEM #25 - Annual Contract for various steel gas materials and fittings (9/5/90-9/4/91) to Rockford-Eclipse, IL, estimated cost $11,802.50; Tempaco, Pinellas, FL, estimated cost $11,700.00; Phillips Engineering, FL, estimated cost $45,268.76 and M. T. Deason, AL, estimated cost $47,816.07 (PW) ITEM #26 - Authorize Camp Dresser & McKee (CDM) to perform services for the Marshall Street Pollution Control Facility South Interceptor Replacement and Reuse Water System Extension for $345,000.00 (PW) ITEM #27 - Ratify and Confirm Purchase Order for Emergency Sanitary Manhole Replacement on Enterprise Road from S & E Contractors, Inc. for $18,755.00 (PW) ITEM #28 - Contract for bulk and bag cement to be delivered by National Portland Cement Co., Bradenton, FL for the period 10/1/90-9/30/91 for estimated annual cost $42,690.00 (PW) ITEM #29 - Purchase Order for the relocation of seagrasses associated with the construction of the Subaqueous Water Main Crossing and the relocation of the effluent line at the East Pollution Control Facility to Lewis Environmental Services, Inc./Proctor Redfern, Inc. for $61,500.00 (PW) ITEM #30 - Contract for one Electronic Field Survey Total Station and a Data Recorder to Earl Dudley Associates, Inc. for $15,732.00 (PW) ITEM #31 - One-year contract extension (10/1/90-9/30/91) for miscellaneous cast iron meter/valve boxes from Sunshine Foundry and Machine Company, St. Petersburg, FL, estimated cost $34,965.00 (PW) Citizens & Staff Requests - Approved. ITEM #32 - Occupational License for taxicab service in Clearwater for Prestige Taxi of Pinellas, Inc. (CLK) ITEM #33 - Reappoint Mayor Garvey as City representative to the Pinellas Suncoast Transit Authority (PSTA) for a 3 year term from 9/29/90 to 9/28/93 (CLK) Change Orders - Approved. ITEM #34 - C.O.#1 to Canterbury Heights Drainage Improvement Project with All American Concrete, Inc. in the amount $15,794.00 (PW) Receipt & Referral - Received and Referred. ITEM #35 - Annexation, IL Zoning and a Land Use Plan Amendment to Industrial for a parcel (1.3 acres) located on the E side of Calumet St. approx. 1600' W of Hercules Ave., Sec. 1-29-15, M&B 34.26 (Johnson A90-11, LUP90-15)(PLD) ITEM #36 - Zoning Amendment to OL and a Land Use Plan Amendment to Residential Office for property (.28 acres) located on the E side of S Greenwood Ave. approx. 175' S of Turner St., Maryland Sub., Blk B-1, Lot 1 & N 38' of Lot 2 (JaquierZ90-07,LUP90-16) (PLD) Commissioner Regulski 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 #37 - First Reading Ordinances #5022-90 & #5023-90 - 1989/90 Third Quarter Budget Amendment (AS) Commissioner Berfield moved to approve the 1989/90 third quarter budget amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5022-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5022-90 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 #5023-90 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5023-90 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 #38 - Ranking of architectural firms for The Clearwater Sailing Center Building and authorization to negotiate a contract in the order of their ranking (PR) An "Invitation for Professional Architectural Services" was advertised on July 5 and 9, 1990 for the Clearwater Sailing Center building to be constructed on Sand Key. Eighteen architectural firms submitted proposals, On July 31, 1990, a City selection committee reviewed the eighteen proposals to arrive at a "short list" of three firms. Following this short listing process, three firms were invited to give formal presentations to the selection committee on August 22, 1990. As a result of the formal presentations and after careful consideration of all factors involved, the selection committee recommends the following order of ranking: 1. Fowler Associates Architects, Inc., 1421 Court Street, Clearwater 2. Mudano Associates Architects, Inc., 4625 East Bay Drive, Clearwater 3. Myers, Plisko, Ott Architects, P.A., 800 Drew Street, Clearwater Discussion ensued in regard to the rankings indicating they were excellent choices. A concern was expressed that due to Mr. Jay Myers of Myers, Plisko and Ott having been very involved in the development and promotion of the Center, his firm should be ranked first. It was emphasized that staff followed the process for ranking which has worked well in the past. Commissioner Regulski moved to approve the ranking of the architectural firms and authorized staff to proceed with negotiations. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Fitzgerald and Berfield and Mayor Garvey voted "aye;" Commissioner Nunamaker voted "nay." Motion carried. ITEM #39 - First Reading Ordinance #4957-90 - Establishing or increasing certain charges and fees for water system connections, to increase deposit for temporary water service, and to increase charges for unauthorized water and fire hydrant uses (PW) Many of the current miscellaneous charges, fees, deposits, etc. associated with the water system have not changed for several years. During this period, the costs associated with these services (labor, equipment, material) have increased substantially. The subject ordinance updates appropriate charges, fees and deposits to reflect current costs. Actual labor and material costs experienced by the Water Division are calculated into the costs. The equipment charges are industry-wide costs from the private sector reflecting the rates that customers would be charged if they had the work done by their own contractors. This method of calculating equipment charges is used by the Public Service Division to demonstrate a more equitable account of costs incurred by the City to provide these services. Because of concerns expressed by the Pinellas County Public Health Unit regarding cross-connections, the Water Division now installs only double detector check valves on fire lines. Those fees have been changed to reflect this. In addition, a charge for 2" single detector checks has been added for small fire lines. The deposit for temporary, non-potable water service is being raised to reflect the cost of replacing meters and fittings used to provide the service in case of damage or theft. The charges for unauthorized use of fire hydrants and water in general are being raised due to the cost of investigating these instances, the potential loss of water and to generally discourage this practice. Commissioner Fitzgerald moved to approve the establishment and/or revision of charges and fees regarding the water system. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4957-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4957-90 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 #40 - Purchase of 3.3 acres M.O.L. of land from James A. Vogel and Hazel E. Vogel for wetland mitigation as part of the Landmark Drive Extension Project for $507,692.00 (PW) Due to an error in the appraisal, this item was withdrawn. ITEM #41 - Ranking of prospective consulting engineers for various Penny for Pinellas Capital Improvement Projects and authorization for negotiations with the selected firms in order of their ranking (PW) The following described capital improvements are to be constructed in accordance with the Penny for Pinellas program. 1. Extension of Myrtle Avenue. 2. Widening of Highland Avenue. 3. Extension of Landmark Drive. 4. Countryside Boulevard Widening. 5. Various Intersection Improvements. 6. Various site plans and/or facility design for Parks and Recreation. It is the City's desire to begin work on these projects as soon as possible. Design plans and specifications, permit acquisition, and right-of-way considerations are major elements of these projects. The City would like to be able to meet the schedules announced during the efforts to pass the Penny for Pinellas referendum. Because many of these projects are expansions of already-existing projects for which funds other than Penny for Pinellas are in hand, the existing funds can be used to provide for engineering, permitting, right-of-way or other appropriate project cost, in order to have necessary preliminary work done when Penny for Pinellas funds become available. The selection committee short-listed three candidates for each project (a total of 46 firms responded) and subsequently ranked them in the following order. Myrtle Avenue Extension 1. Post, Buckley, Schuh & Jernigan 2. HDR Engineering, Inc. 3. Wade-Trim, Inc. Landmark Dr. Extension 1. King Engineering Associates 2. Tampa Bay Engineering, Inc. 3. HDR Engineering, Inc. Various Intersection Improvements 1. Wade-Trim, Inc. 2. DSA Group, Inc. 3. Barton-Aschman Associates, Inc.  Highland Avenue Widening 1. HDR Engineering, Inc. 2. Tampa Bay Engineering, Inc. 3. Wade-Trim, Inc. Countryside Blvd Widening 1. Tampa Bay Engineering, Inc. 2. Post, Buckley, Schuh & Jernigan 3. HDR Engineering, Inc. Various Site Plans (P & R) 1. King Engineering Associates 2. Dames and Moore 3. BRW, Inc.   The City Manager reviewed the proposed improvement projects. He said only the engineering design was being considered at this time. The total roadwork will amount to approximately $19,000,000 and the parks and recreation projects approximately $2,000,000. He said these projects will represent a substantial investment to the infrastructure. Public Works Director Bill Baker stated preliminary work needs to be done so the City will be ready to move forward when the money is available for construction. Discussion ensued regarding Myrtle Avenue being designated as Alternate 19 and the possibility of that road then being eligible for State funds. Mr. Baker indicated staff is investigating this and is following procedures to assure the improvements will qualify for State funding should Myrtle Avenue be designated as Alternate 19. Commissioner Regulski moved to approve the rankings and authorize negotiations with the firms. The motion was duly seconded and carried unanimously. ITEM #42 - Parks & Recreation Board - 2 appointments (CLK) Commissioner Regulski moved to reappoint John Shuttleworth. The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to appoint Joan B. Ulrich. The motion was duly seconded and carried unanimously. ITEM #43 - Community Relations Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Maria Neher. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #44 - Ordinance #5020-90 - Amending Ordinance #4996-90 which vacated north-south 5' utility easement lying W of E lot line of Lots 2-6, Mandalay Sub., to include reference to Blk 54 of said subdivision to correct scrivener's error in description of easement. The City Attorney presented Ordinance #5020-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5020-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #45 - Resolution #90-38 - Requesting Pinellas County to cancel and discharge a certain tax lien upon municipal property acquired for public purposes and to grant tax exemption. The City Attorney presented Resolution #90-38 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #90-38. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #46 - Resolution #90-39 - Dedicating property as public right-of-way located in Blk 2, Moase and Harrison's Sub. of Lot 7 of R. H. Padgett's Sub. The City Attorney presented Resolution #90-39 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-39. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIV - Other City Attorney Items - None. XV - City Manager Verbal Reports The City Manager reported Marine Science Center volunteers could not be used for planting the seagrasses for the subaqueous water line relocation as they only plant along the shore. He reported the meters for the Sand Key lot were purchased prior to the decision being made to remove the meters from the Pier 60 lot. ITEM #47 - No item. XVI - Other Commission Action. ITEM #48 - Meeting Conflicts As indicated at the work session, the December 6, 1990 meeting conflicts with the National League of Cities Conference for which three Commission members are registered. The July 4, 1991 meeting conflicts with the annual 4th of July holiday. Tammy Marks, of the Florida League of Cities, has indicated the Preliminary Agenda for the FLC Legislative Conference scheduled for January 17-18, 1991 has the 17th being a full day of committee meetings and the 18th as a half-day general session. Meetings will begin at 9:00 a.m. both days. Commissioner Regulski moved to cancel the December 6, 1990, January 17, 1991 and July 4, 1991 Commission meetings. The motion was duly seconded and carried unanimously. Commissioner Berfield questioned whether or not the 25 year flood plain information had been sent to FEMA as was requested by SWFWMD. Bill Baker indicated the plan was to send all flood plain data including the 25 and 100 year flood plains. It was requested that staff find out whether or not SWFWMD wanted the 25 year flood to go to FEMA more quickly than this. She questioned the implementation of the $25.00 rental fee for library facilities as concerns had been expressed by individuals who had already booked the library now being charged $25.00. It was indicated that a resolution had not been adopted. The suggestion was made that a resolution be adopted that provided grandfathering of individuals who had already booked the library. It was also suggested that the $25.00 rental fee be charged for Parks and Recreation facilities as well. Commissioner Fitzgerald reported on the meeting of the Mayor's Council and stated they had passed a resolution requesting a committee be established to study underground utility systems. This is particularly related to neighborhood power distributions systems. He stated some studies show this to be more cost effective than has been indicated by the power companies. Mayor Garvey requested, in light of the letter from Mr. Huenick, that the Commission begin to think about and submit ideas for legislative issues for the upcoming legislative session. It was indicated the City Attorney is working on a sovereign immunity bill, and that the concerns regarding FEMA regulations as they apply to the beach will be on the list. Bill Baker requested he be allowed to address concerns raised during the budget discussion about executive chairs costing $500. He stated there are two $500 chairs in the Public Works Department budget, one for the Office Manager in Utilities and one for the Sanitation Superintendent. He stated these are heavy-duty chairs, not executive chairs as indicated in the budget, and that these chairs are being requested due to their greater life span and durability. He stated the $500 would not be spent if bids for the chairs come in at a lesser amount. XVII - Adjournment The meeting adjourned at 9:59 p.m.